S.Amdt. 3187

SA 3187. Mr. WYDEN (for himself, Ms. Lummis, and Mr. Cotton)
submitted an amendment intended to be proposed by him to the bill S.
2296, to authorize appropriations for fiscal year 2026 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 end of subtitle F of title X, add the following:

SEC. 1067. EXPANSION OF DEFINITION OF COVERED COUNTRIES WITH
RESPECT TO SALE OF SENSITIVE PERSONAL DATA.

(a) In General.--Subsection (c) of section 2 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) Covered foreign country.--
``(A) In general.--The term `covered foreign country' means
a country--
``(i) specified in section 4872(f)(2) of title 10, United
States Code; or
``(ii) identified by the Secretary of State under
subparagraph (B).
``(B) Countries identified by the secretary of state.--
``(i) In general.--Not later than one year after the date
of the enactment of the National Defense Authorization Act
for Fiscal Year 2026, and every 3 years thereafter, the
Secretary of State, in coordination with the head of any
Federal agency the Secretary considers relevant, shall
identify each country to which the sale, license, rent,
trade, transfer, release, disclosure, or provision of access
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)(i);

``(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.''.
(b) Conforming Amendments.--Such section is further
amended--
(1) in the section heading, by striking ``adversaries'' and
inserting ``adversaries and other countries to which exports
of such data create national security risks'';
(2) in subsection (c)(2) in the paragraph heading, by
striking ``Controlled by a foreign adversary'' and inserting
``Controlled by the government of a covered foreign
country'';
(3) by striking ``controlled by a foreign adversary'' each
place it appears and inserting ``controlled by the government
of a covered foreign country''; and
(4) by striking ``foreign adversary country'' each place it
appears and inserting ``covered foreign country''.
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