[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1029 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 1029
To prohibit data brokers from selling, reselling, trading, licensing,
or otherwise providing for consideration lists of military
servicemembers to a covered nation.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 29, 2023
Mr. Cassidy (for himself, Ms. Warren, and Mr. Rubio) introduced the
following bill; which was read twice and referred to the Committee on
Commerce, Science, and Transportation
_______________________________________________________________________
A BILL
To prohibit data brokers from selling, reselling, trading, licensing,
or otherwise providing for consideration lists of military
servicemembers to a covered nation.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the Protecting Military Servicemembers'
Data Act of 2023.
SEC. 2. UNFAIR AND DECEPTIVE ACTS AND PRACTICES RELATING TO MILITARY
SERVICEMEMBER LISTS.
(a) In General.--It shall be unlawful for a data broker to sell,
resell, license, trade, or otherwise provide or make available for
consideration a military servicemember list to any covered nation.
(b) Effective Date.--The prohibition under subsection (a) shall
take effect on the earlier of--
(1) the date the Commission issues the final rule under
section 3(a)(3); or
(2) 1 year after the date of enactment of this Act.
SEC. 3. ENFORCEMENT.
(a) Enforcement by the Federal Trade Commission.--
(1) Unfair or deceptive acts or practices.--A violation of
section 2 shall be treated as a violation of a rule defining an
unfair or a deceptive act or practice under section 18(a)(1)(B)
of the Federal Trade Commission Act (15 U.S.C. 57a(a)(1)(B)).
(2) Powers of commission.--
(A) In general.--Except as provided in
subparagraphs (D) and (E), the Commission shall enforce
section 2 in the same manner, by the same means, and
with the same jurisdiction, powers, and duties as
though all applicable terms and provisions of the
Federal Trade Commission Act (15 U.S.C. 41 et seq.)
were incorporated into and made a part of this Act.
(B) Privileges and immunities.--Any person who
violates section 2 shall be subject to the penalties
and entitled to the privileges and immunities provided
in the Federal Trade Commission Act (15 U.S.C. 41 et
seq.).
(C) Authority preserved.--Nothing in this Act shall
be construed to limit the authority of the Federal
Trade Commission under any other provision of law.
(D) Nonprofit organizations.--Notwithstanding
section 4 of the Federal Trade Commission Act (15
U.S.C. 44) or any jurisdictional limitation of the
Commission, the Commission shall also enforce this Act,
in the same manner provided in subparagraphs (A) and
(B), with respect to organizations not organized to
carry on business for their own profit or that of their
members.
(E) Independent litigation authority.--In any case
in which the Commission has reason to believe that a
data broker is violating or has violated section 2, the
Commission may bring a civil action in an appropriate
district court of the United States--
(i) to enjoin further violation of such
section by such person;
(ii) to compel compliance with such
section; and
(iii) to obtain damages, restitution, or
other compensation on behalf of aggrieved
consumers.
(3) Rulemaking.--Pursuant to section 553 of title 5, United
States Code, the Commission shall promulgate regulations to
carry out the provisions of this Act. The Commission shall
issue a final rule by not later than 1 year after the date of
enactment of this Act.
(b) Enforcement by States.--
(1) In general.--In any case in which the attorney general
of a State has reason to believe that an interest of the
residents of the State has been or is threatened or adversely
affected by the engagement of any data broker subject to
section 2 in a practice that violates such section, the
attorney general of the State may, as parens patriae, bring a
civil action on behalf of the residents of the State in an
appropriate district court of the United States--
(A) to enjoin further violation of such section by
such person;
(B) to compel compliance with such section; and
(C) to obtain damages, restitution, or other
compensation on behalf of such residents.
(2) Rights of federal trade commission.--
(A) Notice to federal trade commission.--
(i) In general.--Except as provided in
clause (iii), the attorney general of a State
shall notify the Commission in writing that the
attorney general intends to bring a civil
action under paragraph (1) not later than 10
days before initiating the civil action.
(ii) Contents.--The notification required
by clause (i) with respect to a civil action
shall include a copy of the complaint to be
filed to initiate the civil action.
(iii) Exception.--If it is not feasible for
the attorney general of a State to provide the
notification required by clause (i) before
initiating a civil action under paragraph (1),
the attorney general shall notify the
Commission immediately upon instituting the
civil action.
(B) Intervention by federal trade commission.--The
Commission may--
(i) intervene in any civil action brought
by the attorney general of a State under
paragraph (1); and
(ii) upon intervening--
(I) be heard on all matters arising
in the civil action; and
(II) file petitions for appeal of a
decision in the civil action.
(3) Investigatory powers.--Nothing in this subsection may
be construed to prevent the attorney general of a State from
exercising the powers conferred on the attorney general by the
laws of the State to conduct investigations, to administer
oaths or affirmations, or to compel the attendance of witnesses
or the production of documentary or other evidence.
(4) Preemptive action by federal trade commission.--If the
Commission institutes a civil action or an administrative
action with respect to a violation of section 2, the attorney
general of a State may not, during the pendency of such action,
bring a civil action under paragraph (1) against any defendant
named in the complaint of the Commission for the violation with
respect to which the Commission instituted such action.
(5) Venue; service of process.--
(A) Venue.--Any action brought under paragraph (1)
may be brought in--
(i) the district court of the United States
that meets applicable requirements relating to
venue under section 1391 of title 28, United
States Code; or
(ii) another court of competent
jurisdiction.
(B) Service of process.--In an action brought under
paragraph (1), process may be served in any district in
which the defendant--
(i) is an inhabitant; or
(ii) may be found.
SEC. 4. DEFINITIONS.
In this Act:
(1) Commission.--The term ``Commission'' means the Federal
Trade Commission.
(2) Consumer.--The term ``consumer'' means an individual
residing in a State.
(3) Covered nation.--The term ``covered nation'' has the
meaning given that term in section 4872(d)(2) of title 10,
United States Code.
(4) Data broker.--The term ``data broker'' means a business
that knowingly collects and sells to third parties the personal
information of a consumer with whom the business does not have
a direct relationship.
(5) Military servicemember list.--The term ``military
servicemember list'' means a list that includes personal
information (other than public record information) about one or
more individuals or households which is created for the express
or implied purpose of compiling information about individuals
who are current or former servicemembers (as that term is
defined in section 3911(1) of title 50, United States Code).
(6) Personal information.--The term ``personal
information'' means information that is linked or reasonably
linkable to any identified or identifiable person or device.
(7) Public record information.--The term ``public record
information'' means information that is lawfully made available
from Federal, State, or local government records provided that
the data broker processes and transfers such information in
accordance with any restrictions or terms of use placed on the
information by the relevant government entity.
(8) State.--The term ``State'' means any State of the
United States, the District of Columbia, the Commonwealth of
Puerto Rico, Guam, American Samoa, the Commonwealth of the
Northern Mariana Islands, and the United States Virgin Islands.
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