SECURE Data Act

(a) Principal advisor. The Secretary shall serve as the principal advisor to the President on policy relating to the international flow of personal data and the protection of personal data in international commerce.

(b) Duties. The Secretary shall take any action necessary and appropriate to support the international flow of personal data and the protection of personal data in international commerce, including the following:

(1) Assessing the laws, regulations, requirements, frameworks, and practices (and the implementation thereof) of foreign governments for—

(A) alignment with the consumer rights and protections of personal data described in this Act;

(B) any impact on consumers and businesses in the United States, including with respect to economic competitiveness, innovation, and data security; and

(C) any impact on the economic and security interests of the United States.

(2) Developing policy and recommendations relating to—

(A) identifying the benefits of the international flow of personal data to consumers and businesses, including economic competitiveness, innovation, and data security;

(B) addressing any negative impact on consumers and businesses in the United States of laws, regulations, requirements, frameworks, and practices (and the implementation thereof) of foreign governments that limit or restrict the international flow of personal data;

(C) promoting the protection of personal data in a manner that maintains the international flow of personal data in international commerce; and

(D) mitigating the risk posed by covered nations to the international flow of personal data and the protection of personal data in international commerce.

(3) Establishing, maintaining, and promoting frameworks, certifications, principles, and partnerships to facilitate the international flow of personal data for commercial purposes and the protection of personal data in international commerce.

(4) Coordinating with any relevant agency as needed.

(c) International cooperation

(1) Authority to enter agreement. The Secretary, as the Secretary determines appropriate, may enter into an agreement with a foreign government, international forum, or foreign political or economic union to promote the international flow of personal data and the protection of personal data in international commerce.

(2) Requirements for agreement. Any agreement entered into pursuant to paragraph (1)—

(A) may not have provisions that conflict with the protections for personal data described in this Act;

(B) shall be consistent with the economic and security interests of the United States; and

(C) not later than 60 days after the date on which the agreement is entered into, shall be submitted to the Committee on Energy and Commerce of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate.

(d) Rule of construction. Nothing in this section may be construed to alter the authority of any agency with rulemaking and enforcement authority under subtitle A of title V of the Gramm-Leach-Bliley Act (15 U.S.C. 6801 et seq.).