II 

116TH CONGRESS 

2D SESSION S. 4953 

To prohibit data brokers from selling, trading, licensing, or otherwise providing for consideration lists of vulnerable populations to any individual 

or commercial entity. 

IN THE SENATE OF THE UNITED STATES 

DECEMBER 2, 2020 

Mr. CASSIDY 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, trading, licensing, 

or otherwise providing for consideration lists of vulnerable populations to any individual or commercial entity. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Protecting Vulnerable 

5 Population’s Data Act of 2020’’. 

6 SEC. 2. UNFAIR AND DECEPTIVE ACTS AND PRACTICES RE7 LATING TO VULNERABLE POPULATION LISTS. 

8 (a) IN GENERAL.—It shall be unlawful for a data 

9 broker to sell, license, trade, or otherwise provide or make 


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1 available for consideration a vulnerable population list to 

2 any commercial entity or individual. 

3 (b) EFFECTIVE DATE.—The prohibition under sub4 section (a) shall take effect on the earlier of— 

5 (1) the date the Commission issues the final 

6 rule under section 3(a)(3); or 

7 (2) 1 year after the date of enactment of this 

8 Act. 

9 SEC. 3. ENFORCEMENT. 

10 (a) ENFORCEMENT BY THE FEDERAL TRADE COM11 MISSION.— 

12 (1) UNFAIR OR DECEPTIVE ACTS OR PRAC13 TICES.—A violation of section 2 shall be treated as 

14 a violation of a rule defining an unfair or a deceptive 

15 act or practice under section 18(a)(1)(B) of the Fed16 eral Trade Commission Act (15 U.S.C. 

17 57a(a)(1)(B)). 

18 (2) POWERS OF COMMISSION.— 

19 (A) IN GENERAL.—Except as provided in 

20 subparagraph (D), the Commission shall en21 force section 2 in the same manner, by the 

22 same means, and with the same jurisdiction, 

23 powers, and duties as though all applicable 

24 terms and provisions of the Federal Trade 


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1 Commission Act (15 U.S.C. 41 et seq.) were in2 corporated into and made a part of this Act. 

3 (B) PRIVILEGES AND IMMUNITIES.—Any 

4 person who violates section 2 shall be subject to 

5 the penalties and entitled to the privileges and 

6 immunities provided in the Federal Trade Com7 mission Act (15 U.S.C. 41 et seq.). 

8 (C) AUTHORITY PRESERVED.—Nothing in 

9 this Act shall be construed to limit the author10 ity of the Federal Trade Commission under any 

11 other provision of law. 

12 (D) NONPROFIT ORGANIZATIONS.—Not13 withstanding section 4 of the Federal Trade 

14 Commission Act (15 U.S.C. 44) or any jurisdic15 tional limitation of the Commission, the Com16 mission shall also enforce this Act, in the same 

17 manner provided in subparagraphs (A) and (B), 

18 with respect to organizations not organized to 

19 carry on business for their own profit or that 

20 of their members. 

21 (3) RULEMAKING.—Pursuant to section 553 of 

22 title 5, United States Code, the Commission shall 

23 promulgate regulations to carry out the provisions of 

24 this Act. The Commission shall issue a final rule by 


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1 not later than 1 year after the date of enactment of 

2 this Act. 

3 (b) ENFORCEMENT BY STATES.— 

4 (1) IN GENERAL.—In any case in which the at5 torney general of a State has reason to believe that 

6 an interest of the residents of the State has been or 

7 is threatened or adversely affected by the engage8 ment of any data broker subject to section 2 in a 

9 practice that violates such section, the attorney gen10 eral of the State may, as parens patriae, bring a 

11 civil action on behalf of the residents of the State in 

12 an appropriate district court of the United States— 

13 (A) to enjoin further violation of such sec14 tion by such person; 

15 (B) to compel compliance with such sec16 tion; and 

17 (C) to obtain damages, restitution, or other 

18 compensation on behalf of such residents. 

19 (2) RIGHTS OF FEDERAL TRADE COMMIS20 SION.— 

21 (A) NOTICE TO FEDERAL TRADE COMMIS22 SION.— 

23 (i) IN GENERAL.—Except as provided 

24 in clause (iii), the attorney general of a 

25 State shall notify the Commission in writVerDate Sep 11 2014 06:22 Dec 09, 2020 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S4953.IS S4953

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1 ing that the attorney general intends to 

2 bring a civil action under paragraph (1) 

3 not later than 10 days before initiating the 

4 civil action. 

5 (ii) CONTENTS.—The notification re6 quired by clause (i) with respect to a civil 

7 action shall include a copy of the complaint 

8 to be filed to initiate the civil action. 

9 (iii) EXCEPTION.—If it is not feasible 

10 for the attorney general of a State to pro11 vide the notification required by clause (i) 

12 before initiating a civil action under para13 graph (1), the attorney general shall notify 

14 the Commission immediately upon insti15 tuting the civil action. 

16 (B) INTERVENTION BY FEDERAL TRADE

17 COMMISSION.—The Commission may— 

18 (i) intervene in any civil action 

19 brought by the attorney general of a State 

20 under paragraph (1); and 

21 (ii) upon intervening— 

22 (I) be heard on all matters aris23 ing in the civil action; and 

24 (II) file petitions for appeal of a 

25 decision in the civil action. 


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1 (3) INVESTIGATORY POWERS.—Nothing in this 

2 subsection may be construed to prevent the attorney 

3 general of a State from exercising the powers con4 ferred on the attorney general by the laws of the 

5 State to conduct investigations, to administer oaths 

6 or affirmations, or to compel the attendance of wit7 nesses or the production of documentary or other 

8 evidence. 

9 (4) PREEMPTIVE ACTION BY FEDERAL TRADE

10 COMMISSION.—If the Commission institutes a civil 

11 action or an administrative action with respect to a 

12 violation of section 2, the attorney general of a State 

13 may not, during the pendency of such action, bring 

14 a civil action under paragraph (1) against any de15 fendant named in the complaint of the Commission 

16 for the violation with respect to which the Commis17 sion instituted such action. 

18 (5) VENUE; SERVICE OF PROCESS.— 

19 (A) VENUE.—Any action brought under 

20 paragraph (1) may be brought in— 

21 (i) the district court of the United 

22 States that meets applicable requirements 

23 relating to venue under section 1391 of 

24 title 28, United States Code; or 


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1 (ii) another court of competent juris2 diction. 

3 (B) SERVICE OF PROCESS.—In an action 

4 brought under paragraph (1), process may be 

5 served in any district in which the defendant— 

6 (i) is an inhabitant; or 

7 (ii) may be found. 

8 SEC. 4. DEFINITIONS. 

9 In this Act: 

10 (1) COMMERCIAL ENTITY.—The term ‘‘commer11 cial entity’’ means an entity, whether organized for 

12 profit or not for profit, that is organized under the 

13 laws of any State, including a sole proprietorship, a 

14 partnership, a limited liability partnership, a cor15 poration, an association, and a limited liability com16 pany. 

17 (2) COMMISSION.—The term ‘‘Commission’’ 

18 means the Federal Trade Commission. 

19 (3) CONSUMER.—The term ‘‘consumer’’ means 

20 an individual residing in a State. 

21 (4) DATA BROKER.—The term ‘‘data broker’’ 

22 means a business that knowingly collects and sells to 

23 third parties the personal information of a consumer 

24 with whom the business does not have a direct rela25 tionship. 


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1 (5) PERSONAL INFORMATION.—The term ‘‘per2 sonal information’’ means information that is linked 

3 or reasonably linkable to any identified or identifi4 able person or device. 

5 (6) PUBLIC RECORD INFORMATION.—The term 

6 ‘‘public record information’’ means information that 

7 is lawfully made available from Federal, State, or 

8 local government records provided that the data 

9 broker processes and transfers such information in 

10 accordance with any restrictions or terms of use 

11 placed on the information by the relevant govern12 ment entity. 

13 (7) STATE.—The term ‘‘State’’ means any 

14 State of the United States, the District of Columbia, 

15 the Commonwealth of Puerto Rico, Guam, American 

16 Samoa, the Commonwealth of the Northern Mariana 

17 Islands, and the United States Virgin Islands. 

18 (8) VULNERABLE POPULATION LIST.—The 

19 term ‘‘vulnerable population list’’ means a list that 

20 includes personal information (other than public 

21 record information) about one or more individuals or 

22 households which is created for the express or im23 plied purpose of compiling information about one or 

24 more individuals or households in one or more of the 

25 following categories (or similar categories): 


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1 (A) Survivors of domestic abuse. 

2 (B) Survivors of child abuse. 

3 (C) Survivors of elder abuse. 

4 (D) Survivors of any sex crime, including, 

5 but not limited to rape, sexual assault, or sex6 ual battery. 

7 (E) Victims of stalking. 

8 (F) Victims of human trafficking. 

9 (G) Victims of violent crimes. 

10 (H) Individuals diagnosed with a disease, 

11 such as HIV/AIDS, a genetic disease, or de12 mentia. 

13 (I) Individuals identified as having addict14 ive behavior or having received clinical treat15 ment for addiction, including, but not limited 

16 to, addictions to alcohol, drugs, or sex. 

17 (J) Individuals identified by prescriptions 

18 taken. 

19 (K) Local, State, or Federal law enforce20 ment officers. 

21 (L) Judges and justices of the State or 

22 Federal judiciary. 

Æ 


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