S.Amdt. 2290

SA 2290. Mr. WYDEN (for himself and Ms. Lummis) submitted an
amendment intended to be proposed by him to the bill S. 4638, to
authorize appropriations for fiscal year 2025 for military activities
of the Department of Defense, for military construction, and for
defense activities of the Department of Energy, to prescribe military
personnel strengths for such fiscal year, and for other purposes; which
was ordered to lie on the table; as follows:

At the appropriate place in title X, insert the following:

SEC. [10___]. EXPANSION OF DEFINITION OF FOREIGN ADVERSARY
COUNTRY.

Section 2(c) of the Protecting Americans' Data from Foreign
Adversaries Act of 2024 (15 U.S.C. 9901) is amended by
striking paragraph (4) and inserting the following:
``(4) Foreign adversary country.--
``(A) In general.--The term `foreign adversary country'
means a country--
``(i) specified in section 4872(d)(2) of title 10, United
States Code; or
``(ii) identified by the Secretary of Commerce under
subparagraph (B).
``(B) Countries identified by the secretary of commerce.--
``(i) In general.--Not later than one year after the date
of the enactment of the National Defense Authorization Act
for Fiscal Year 2025, and every 3 years thereafter, the
Secretary of Commerce, in coordination with the head of any
Federal agency the Secretary considers relevant, shall
identify each country the sale, license, rent, trade,
transfer, release, disclosure, or provision of access to
which of sensitive data the Secretary determines is likely to
harm the national security of the United States, taking into
account--

``(I) the adequacy and enforcement of data protection,
surveillance, and export control laws in the country in order
to determine whether such laws, and the enforcement of such
laws, are sufficient--

``(aa) to protect sensitive data from accidental loss,
theft, and unauthorized or unlawful processing;
``(bb) to ensure that sensitive data is not exploited for
intelligence purposes by foreign governments to the detriment
of the national security of the United States; and
``(cc) to prevent the reexport of sensitive data to any
country described in subparagraph (A);

``(II) the circumstances under which the government of the
country can compel, coerce, or pay a person in or a national
of that country to disclose sensitive data; and
``(III) whether the government of the country has conducted
hostile foreign intelligence operations, including
information operations, against the United States.

``(ii) Publication in the federal register.--The Secretary
shall publish in the Federal Register a notice of any
identification made pursuant to clause (i).
``(iii) Grace period.--On and after the date that is 180
days after the publication of the notice required in clause
(ii), the prohibitions described in subsection (a) shall
apply to the country identified in the notice.''.
______