CRS Legal Sidebar
Prepared for Members and
Committees of Congress
Legal Sidebari
Overview of the American Data Privacy and
Protection Act, H.R. 8152
Updated August 31, 2022
On July 20, 2022, the House Energy and Commerce Committee voted 53-2 to advance the American Data
Privacy and Protection Act (ADPPA), H.R. 8152, to the full House of Representatives. The ADPPA would
create a comprehensive federal consumer privacy framework. Some commentators have noted the bill’s
novel compromises on two issues that have impeded previous attempts to create a national privacy
framework: whether to preempt state privacy laws and whether to create a private right of action.
The bipartisan bill is co-sponsored by House Energy and Commerce Committee Chairman Frank Pallone,
Jr. and Ranking Member Cathy McMorris Rogers, and is promoted in the Senate by Commerce
Committee Ranking Member Roger Wicker. In a joint statement, Representatives Pallone and McMorris
Rodgers and Senator Wicker described the bill as “strik[ing] a meaningful balance” on key issues. Senate
Commerce Committee Chair Maria Cantwell has critiqued the ADPPA as having “major enforcement
holes,” prompting other commentators to question whether the Senate will pass the bill.
This Sidebar first provides a summary of the version of the ADPPA ordered to be reported by the House
Commerce Committee on July 20. It then compares several of the bill’s key provisions to other privacy
bills from the 117
th
and 116
th
Congresses before examining some considerations for Congress.
Summary of the Bill
The ADPPA would govern how companies across different industries treat consumer data. While not an
exhaustive summary, some key facets of the bill are as follows:
Covered Entities. The bill would apply to most entities, including nonprofits and
common carriers. Some entities, such as those defined as large data holders that meet
certain thresholds and service providers that use data on behalf of other entities
(including covered entities, government entities, and other service providers), would face
different or additional requirements.
Covered Data. The bill would apply to information that “identifies or is linked or
reasonably linkable” to an individual.
Congressional Research Service
https://crsreports.congress.gov
LSB10776
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