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handle is hein.crs/govepeo0001 and id is 1 raw text is: The American Privacy Rights Act
Updated May 31, 2024
On April 7, 2024, Senate Commerce Committee Chair Maria Cantwell and House Energy & Commerce
Committee Chair Cathy McMorris Rodgers jointly released a draft of the American Privacy Rights Act
(APRA). The APRA would create a comprehensive federal consumer privacy framework. It builds on
prior congressional efforts to enact a comprehensive privacy bill, most notably incorporating elements of
the American Data Privacy and Protection Act (ADPPA) (H.R. 8152), which was advanced out of the
House Energy & Commerce Committee during the 117th Congress (H.Rept. 117-669).
The APRA has already evolved since its initial release. The House Energy & Commerce Committee
unveiled an updated version (Updated House Draft) in advance of a markup on May 23, 2024, by the
Innovation, Data, and Commerce Subcommittee. The Updated House Draft includes a new Title II
amending the Children's Online Privacy Protection Act of 1998 (COPPA). It also makes other changes,
such as creating a centralized mechanism for individuals to request that data brokers delete their personal
information and prohibiting covered entities from targeting advertisements to children under the age of
17.
This Sidebar begins with a summary of the APRA, relying primarily on the joint draft released on April 7,
2024, but noting where the Updated House Draft differs from the original joint draft. The Sidebar also
contains a discussion of how Title II of the Updated House Draft would amend COPPA and how that
language compares with similar bills previously introduced in the 118th Congress. The Sidebar next
compares the APRA to the ADPPA and other comprehensive privacy bills that have been introduced in
Congress. The APRA borrows a substantial amount from the ADPPA but includes material differences,
such as its treatment of small businesses, approach toward minors, and interaction with state laws, as well
as its requirement for algorithmic opt-out rights and immediate availability of a private right of action.
The Sidebar concludes by discussing stakeholders' reactions to the APRA and potential litigation that may
arise should Congress enact the bill.
Summary of the Bill
Key Definitions
The APRA's chief focus is governing how covered entities use covered data. Thus, these two definitions
are central to the bill's scope. The APRA defines covered entities to include most individuals,
Congressional Research Service
https://crsreports.congress.gov
LSB11161
CRS Legal Sidebar
Prepared for Members and
Committees of Congress

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