[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 8818 Introduced in House (IH)]

<DOC>






118th CONGRESS
  2d Session
                                H. R. 8818

  To provide Americans with foundational data privacy rights, create 
strong oversight mechanisms, and establish meaningful enforcement, and 
                          for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             June 25, 2024

 Mrs. Rodgers of Washington (for herself, Mr. Pallone, Mr. Bilirakis, 
 and Ms. Schakowsky) introduced the following bill; which was referred 
                to the Committee on Energy and Commerce

_______________________________________________________________________

                                 A BILL


 
  To provide Americans with foundational data privacy rights, create 
strong oversight mechanisms, and establish meaningful enforcement, and 
                          for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``American Privacy 
Rights Act of 2024''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
                    TITLE I--AMERICAN PRIVACY RIGHTS

Sec. 101. Definitions.
Sec. 102. Data minimization.
Sec. 103. Privacy by design.
Sec. 104. Transparency.
Sec. 105. Individual control over covered data.
Sec. 106. Opt-out rights and universal mechanisms.
Sec. 107. Interference with consumer rights.
Sec. 108. Prohibition on denial of service and waiver of rights.
Sec. 109. Data security and protection of covered data.
Sec. 110. Executive responsibility.
Sec. 111. Service providers and third parties.
Sec. 112. Data brokers.
Sec. 113. Commission-approved compliance guidelines.
Sec. 114. Privacy-enhancing technology pilot program.
Sec. 115. Enforcement by Federal Trade Commission.
Sec. 116. Enforcement by States.
Sec. 117. Enforcement by persons.
Sec. 118. Relation to other laws.
Sec. 119. Children's Online Privacy Protection Act of 1998.
Sec. 120. Data protections for covered minors.
Sec. 121. Termination of FTC rulemaking on commercial surveillance and 
                            data security.
Sec. 122. Severability.
Sec. 123. Innovation rulemakings.
Sec. 124. Effective date.
         TITLE II--CHILDREN'S ONLINE PRIVACY PROTECTION ACT 2.0

Sec. 201. Short title.
Sec. 202. Online collection, use, disclosure, and deletion of personal 
                            information of children.
Sec. 203. Study and reports on mobile and online application oversight 
                            and enforcement.
Sec. 204. Severability.

                    TITLE I--AMERICAN PRIVACY RIGHTS

SEC. 101. DEFINITIONS.

    In this title:
            (1) Affirmative express consent.--
                    (A) In general.--The term ``affirmative express 
                consent'' means an affirmative act by an individual 
                that--
                            (i) clearly communicates the authorization 
                        of the individual for an act or practice; and
                            (ii) is provided in response to a specific 
                        request from a covered entity, or a service 
                        provider on behalf of a covered entity, that 
                        meets the requirements of subparagraph (B).
                    (B) Request requirements.--The requirements of this 
                subparagraph with respect to a request are the 
                following:
                            (i) The request is provided to the 
                        individual in a clear and conspicuous 
                        standalone disclosure.
                            (ii) The request includes a description of 
                        each act or practice for which the consent of 
                        the individual is sought and--
                                    (I) clearly distinguishes between 
                                an act or practice that is necessary, 
                                proportionate, and limited to fulfill a 
                                request of the individual and an act or 
                                practice that is for another purpose;
                                    (II) clearly states the specific 
                                categories of covered data that the 
                                covered entity shall collect, process, 
                                retain, or transfer under each such act 
                                or practice; and
                                    (III) is written in easy-to-
                                understand language and includes a 
                                prominent heading that would enable a 
                                reasonable individual to identify and 
                                understand each such act or practice.
                            (iii) The request clearly explains the 
                        applicable rights of the individual related to 
                        consent.
                            (iv) The request is made in a manner 
                        reasonably accessible to and usable by 
                        individuals living with disabilities.
                            (v) The request is made available to the 
                        individual in the language in which the covered 
                        entity provides a product or service for which 
                        authorization is sought.
                            (vi) The option to refuse consent is at 
                        least as prominent as the option to provide 
                        consent, and the option to refuse consent takes 
                        no more than 1 additional step as compared to 
                        the number of steps necessary to provide 
                        consent.
                            (vii) With respect to affirmative express 
                        consent sought for the collection, processing, 
                        retention, or transfer of biometric information 
                        or genetic information, the request includes 
                        the length of time the covered entity or 
                        service provider intends to retain the 
                        biometric information or genetic information 
                        or, if it is not possible to identify the 
                        length of time, the criteria used to determine 
                        the length of time the covered entity or 
                        service provider intends to retain the 
                        biometric information or genetic information.
                    (C) Express consent required.--Affirmative express 
                consent to an act or practice may not be inferred from 
                the inaction of an individual or the continued use by 
                an individual of a service or product provided by an 
                entity.
                    (D) Withdrawal of affirmative express consent.--
                            (i) In general.--A covered entity shall 
                        provide an individual with a means to withdraw 
                        affirmative express consent previously provided 
                        by the individual.
                            (ii) Requirements.--The means to withdraw 
                        affirmative express consent described in clause 
                        (i) shall be--
                                    (I) clear and conspicuous; and
                                    (II) as easy for a reasonable 
                                individual to use as the mechanism by 
                                which the individual provided 
                                affirmative express consent.
                    (E) Children and teens.--If a covered entity has 
                knowledge that--
                            (i) an individual is a child, only a parent 
                        of the child may provide affirmative express 
                        consent on behalf of the child; or
                            (ii) an individual is a teen, a parent or 
                        the teen may provide affirmative express 
                        consent on behalf of the teen.
            (2) Biometric information.--
                    (A) In general.--The term ``biometric information'' 
                means any covered data that allows or confirms the 
                unique identification or verification of an individual 
                and is generated from the measurement or processing of 
                unique biological, physical, or physiological 
                characteristics, including--
                            (i) fingerprints;
                            (ii) voice prints;
                            (iii) iris or retina imagery scans;
                            (iv) facial or hand mapping, geometry, or 
                        templates; and
                            (v) gait.
                    (B) Exclusion.--The term ``biometric information'' 
                does not include--
                            (i) a digital or physical photograph;
                            (ii) an audio or video recording; or
                            (iii) data derived from a digital or 
                        physical photograph or an audio or video 
                        recording that cannot be used to identify or 
                        authenticate a specific individual.
            (3) Child.--The term ``child'' means an individual under 
        the age of 13.
            (4) Clear and conspicuous.--The term ``clear and 
        conspicuous'' means, with respect to a disclosure, that the 
        disclosure is difficult to miss and easily understandable by 
        ordinary consumers.
            (5) Coarse geolocation information.--The term ``coarse 
        geolocation information'' means information that reveals the 
        present physical location of an individual or device identified 
        by a unique persistent identifier at the ZIP Code attribution 
        level (except, if a geographic area attributed to a ZIP Code is 
        equal to or less than the area of a circle with a radius of 
        1,850 feet or less, at a level greater than a geographic area 
        equal to the area of a circle with a radius of 1,850 feet).
            (6) Collect.--The term ``collect'' means, with respect to 
        covered data, to buy, rent, gather, obtain, receive, access, or 
        otherwise acquire the covered data by any means.
            (7) Commission.--The term ``Commission'' means the Federal 
        Trade Commission.
            (8) Common branding.--The term ``common branding'' means a 
        name, service mark, or trademark that is shared by 2 or more 
        entities.
            (9) Connected device.--The term ``connected device'' means 
        a device that is capable of connecting to the internet.
            (10) Contextual advertising.--The term ``contextual 
        advertising'' means displaying or presenting an advertisement 
        that--
                    (A) does not vary based on the identity of the 
                individual recipient; and
                    (B) is based solely on--
                            (i) the content of a webpage or online 
                        service;
                            (ii) a specific request of the individual 
                        for information or feedback; or
                            (iii) coarse geolocation information.
            (11) Control.--The term ``control'' means, with respect to 
        an entity--
                    (A) ownership of, or the power to vote, more than 
                50 percent of the outstanding shares of any class of 
                voting security of the entity;
                    (B) control over the election of a majority of the 
                directors of the entity (or of individuals exercising 
                similar functions); or
                    (C) the power to exercise a controlling influence 
                over the management of the entity.
            (12) Covered data.--
                    (A) In general.--The term ``covered data'' means 
                information that identifies or is linked or reasonably 
                linkable, alone or in combination with other 
                information, to an individual or a device that 
                identifies or is linked or reasonably linkable to 1 or 
                more individuals.
                    (B) Exclusions.--The term ``covered data'' does not 
                include--
                            (i) de-identified data;
                            (ii) employee information;
                            (iii) publicly available information;
                            (iv) inferences made exclusively from 
                        multiple independent sources of publicly 
                        available information, if such inferences--
                                    (I) do not reveal information about 
                                an individual that meets the definition 
                                of the term ``sensitive covered data'' 
                                with respect to the individual; and
                                    (II) are not combined with covered 
                                data;
                            (v) information in the collection of a 
                        library, archive, or museum, if--
                                    (I) the collection is--
                                            (aa) open to the public or 
                                        routinely made available to 
                                        researchers who are not 
                                        affiliated with the library, 
                                        archive, or museum; and
                                            (bb) composed of lawfully 
                                        acquired materials with respect 
                                        to which all licensing 
                                        conditions are met; and
                                    (II) the library, archive, or 
                                museum has--
                                            (aa) a public service 
                                        mission; and
                                            (bb) trained staff or 
                                        volunteers to provide 
                                        professional services normally 
                                        associated with libraries, 
                                        archives, or museums; or
                            (vi) on-device data.
            (13) Covered entity.--
                    (A) In general.--The term ``covered entity'' means 
                any entity that, alone or jointly with others, 
                determines the purposes and means of collecting, 
                processing, retaining, or transferring covered data 
                and--
                            (i) is subject to the Federal Trade 
                        Commission Act (15 U.S.C. 41 et seq.);
                            (ii) is a common carrier subject to title 
                        II of the Communications Act of 1934 (47 U.S.C. 
                        201 et seq.); or
                            (iii) is an organization not organized to 
                        carry on business for its own profit or that of 
                        its members.
                    (B) Inclusion.--The term ``covered entity'' 
                includes any entity that controls, is controlled by, or 
                is under common control with another covered entity.
                    (C) Exclusions.--The term ``covered entity'' does 
                not include--
                            (i) a Federal, State, Tribal, or local 
                        government entity, such as a body, authority, 
                        board, bureau, commission, district, agency, or 
                        other political subdivision of the Federal 
                        Government or a State, Tribal, or local 
                        government;
                            (ii) an entity that is collecting, 
                        processing, retaining, or transferring covered 
                        data on behalf of a Federal, State, Tribal, or 
                        local government entity, to the extent that 
                        such entity is acting as a service provider to 
                        the government entity;
                            (iii) a small business;
                            (iv) an individual acting at their own 
                        direction and in a non-commercial context;
                            (v) the National Center for Missing and 
                        Exploited Children; or
                            (vi) except with respect to requirements 
                        under section 109, a nonprofit organization 
                        whose primary mission is to prevent, 
                        investigate, or deter fraud, to train anti-
                        fraud professionals, or to educate the public 
                        about fraud, including insurance fraud, 
                        securities fraud, and financial fraud, to the 
                        extent the organization collects, processes, 
                        retains, or transfers covered data in 
                        furtherance of such primary mission.
                    (D) Nonapplication to service providers.--An entity 
                may not be considered to be a ``covered entity'' for 
                the purposes of this title, insofar as the entity is 
                acting as a service provider.
            (14) Covered high-impact social media company.--
                    (A) In general.--The term ``covered high-impact 
                social media company'' means a covered entity that 
                provides any internet-accessible platform that--
                            (i) generates $3,000,000,000 or more in 
                        global annual revenue, including the revenue 
                        generated by any affiliate of such covered 
                        entity;
                            (ii) has 300,000,000 or more global monthly 
                        active users for not fewer than 3 of the 
                        preceding 12 months; and
                            (iii) constitutes an online product or 
                        service that is primarily used by users to 
                        access or share user-generated content.
                    (B) Treatment of certain services and 
                applications.--A service or application may not be 
                considered to constitute an online product or service 
                described in subparagraph (A)(iii) solely on the basis 
                of providing any of the following:
                            (i) Email.
                            (ii) Career or professional development 
                        networking opportunities.
                            (iii) Reviews of products, services, 
                        events, or destinations.
                            (iv) A platform for use in a public or