SHIELD Act

I 117TH CONGRESS 1ST SESSION H. R. 3801 To require the Secretary of Commerce and Federal Trade Commission to conduct an assessment and analysis of regulations regarding data local- ization and to establish a compendium of such laws and develop a means for maintaining, tracking, and updating such compendium. IN THE HOUSE OF REPRESENTATIVES JUNE 8, 2021 Mr. UPTON introduced the following bill; which was referred to the Committee on Energy and Commerce, and in addition to the Committee on Foreign Affairs, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdic- tion of the committee concerned A BILL To require the Secretary of Commerce and Federal Trade Commission to conduct an assessment and analysis of regulations regarding data localization and to establish a compendium of such laws and develop a means for maintaining, tracking, and updating such compendium. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Showing How Isola- 4 tionism Effects Long-term Development Act’’ or the 5 ‘‘SHIELD Act’’. 6 VerDate Sep 11 2014 17:20 Jun 29, 2021 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H3801.IH H3801 lotter on DSK11XQN23PROD with BILLS 2 •HR 3801 IH SEC. 2. DATA LOCALIZATION COMPENDIUM. 1 (a) IN GENERAL.—Not later than 2 years after the 2 date of enactment of this Act, the Secretary of Commerce 3 and the Federal Trade Commission shall jointly conduct 4 a study on electronic commerce, including data sharing 5 and data flow, and its impact on the United States econ- 6 omy. 7 (b) REQUIREMENTS FOR STUDY.—In conducting the 8 study, the Secretary and the Commission shall survey elec- 9 tronic commerce, including data sharing and data flow, 10 through outreach to participating entities to— 11 (1) review and determine the economic benefit 12 of the free transfer of data; 13 (2) review and determine the impact digital 14 trade barriers (limited to non-tariff trade barriers) 15 have on the United States economy and business de- 16 velopment; and 17 (3) review any data agreement to determine the 18 benefits such agreements have on commerce. 19 (c) COMPENDIUM.—The Secretary and Commission 20 shall establish a compendium of data localization regula- 21 tions (such as regulations requiring that any data main- 22 tained about an individual be maintained where such indi- 23 vidual resides and where such information was collected) 24 and develop a means for maintaining, tracking, and updat- 25 ing such compendium. The Secretary and Commission 26 VerDate Sep 11 2014 17:20 Jun 29, 2021 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H3801.IH H3801 lotter on DSK11XQN23PROD with BILLS 3 •HR 3801 IH shall update such compendium as appropriate, but not less 1 than annually. 2 (d) REPORT TO CONGRESS.—The Secretary and the 3 Commission shall transmit to the Committee on Energy 4 and Commerce of the House of Representatives and the 5 Committee on Commerce, Science, and Transportation of 6 the Senate a report that contains— 7 (1) the results of the study conducted under 8 subsection (a); and 9 (2) recommendations to develop any legislation 10 to promote United States economic activity through 11 electronic commerce, including data sharing and 12 data flows, and any related consumer protection 13 issues. 14 Æ VerDate Sep 11 2014 17:20 Jun 29, 2021 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6301 E:\BILLS\H3801.IH H3801 lotter on DSK11XQN23PROD with BILLS