S.Amdt. 3187

SA 3187 aims to expand the definition of a covered foreign country regarding the sale of sensitive personal data. It proposes to add a new section to the bill titled EXPANSION OF DEFINITION OF COVERED COUNTRIES WITH RESPECT TO SALE OF SENSITIVE PERSONAL DATA.

• The amendment changes how covered foreign countries are identified by including countries specified in section 4872(f)(2) of title 10, United States Code, or those identified by the Secretary of State.

• The Secretary of State, working with relevant Federal agencies, must identify countries where the sale, license, rent, trade, transfer, release, disclosure, or provision of access to sensitive data is likely to harm U.S. national security.

• When identifying these countries, the Secretary of State must consider:

  • The adequacy and enforcement of export control, surveillance, and data protection laws to prevent unauthorized processing, theft, accidental loss, intelligence exploitation by foreign governments, and reexport to countries in section 4872(f)(2) of title 10, United States Code.
  • If a government can pay, coerce, or compel a national or person in that country to disclose sensitive data.
  • If the country has performed hostile foreign intelligence operations, such as information operations, against the United States.

• The amendment requires the Secretary to publish these identifications in the Federal Register. Prohibitions will apply 180 days after that notice is published.

• The amendment also includes conforming amendments to update terminology, replacing phrases like foreign adversary with covered foreign country or government of a covered foreign country.