H.R. 4366: Personal Data Offshoring Protection Act of 2004

108th Congress · introduced 2004-05-13 · Commerce · Latest: Referred to the Subcommittee on Commerce, Trade and Consumer Protection.

federal

Follow this bill, step by step

Where it came from: introduced 2004-05-13 · official record
Who proposed it: Rep. Markey, Edward J. [D-MA-7] · what a sponsor is
What happened next: no floor votes in our records yet. Why?
Where it stands now: Referred to the Subcommittee on Commerce, Trade and Consumer Protection. Not final yet: this can still change. We check for updates every day.
If it becomes law and spends money: follow the money to money laws, then agencies and contracts and grants.

What does this mean?

Official title

Personal Data Offshoring Protection Act of 2004

Plain summary

Personal Data Offshoring Protection Act of 2004 - Requires business enterprises to give U.S. citizens notice before transmitting personally identifiable information about such citizens to foreign affiliates or subcontractors located in countries with adequate privacy protections. Prohibits such transmittal where adequate privacy protections are lacking, unless: (1) the business enterprise discloses the lack of protections and obtains the citizen's prior consent for transmittal; and (2) such consent is renewed by the citizen within one year before the transmittal. Prohibits business entities from denying goods and services or modifying business terms for any person based on that person's exercise of consent rights provided by this Act or other law. Requires violations of this Act to be treated as unfair or deceptive acts or practices under the Federal Trade Commission Act. Creates a private right of action in State court for violations of this Act. Authorizes States, on behalf of their residents, to bring civil actions in Federal court for such violations. Requires prior notice to the Federal Trade Commission (FTC) of State actions and authorizes the FTC's intervention and appeal. Directs the FTC to certify those countries that have legal systems providing adequate privacy protections. Creates a presumption of inadequacy for foreign laws that are less protective of privacy than Federal law or the law of any State, or where the FTC determines that enforcement is lacking. Requires certification of countries whose laws meet the requirements of the European Union Data Protection Directive, unless such laws are not adequately enforced.

Congressional Research Service summary (Introduced in House), quoted unchanged (nonpartisan). Read the source.

What a vote does

A “Yea” vote

If it passes both chambers and is signed, it becomes law.

A “Nay” vote

If it is not passed, current law stays as it is.

PSI Sci description of the legislative step (not an opinion).

What does this mean? (plain words)

Official text

Personal Data Offshoring Protection Act of 2004

Source: Congressional Research Service summary (Introduced in House)

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The strongest published arguments

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Alternatives

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How did my representative vote? · This bill's floor votes

Officials and money

Sponsor: Rep. Markey, Edward J. [D-MA-7] · 6 cosponsors

Cost estimate: No cost estimate published yet.

Cosponsors on this site

Rosa L. DeLauro (D-CT), Bernard Sanders (I-VT), Janice D. Schakowsky (D-IL)

Sponsor's campaign money: Rep. Markey, Edward J. [D-MA-7] reported raising $6.0 million (2025–2026). Details. Shown for context only; it does not mean any donor supported this bill.

No linked floor roll calls in our collected records yet. This does not mean the bill has never had a vote. Check the official bill history.

Sources

Congressional Research Service summary (Introduced in House)
Congress.gov
Data: GovInfo BILLSTATUS bulk data (Library of Congress), BILLSTATUS-108hr4366.xml <https://www.govinfo.gov/bulkdata/BILLSTATUS/108/hr>

Record fed-us-cong108-hr4366 · catalog fed-us-congress-bills-cong108 · updated 2026-11-15 by psicol fed-bills-cong108