II 

117TH CONGRESS 

2D SESSION S. 4281 

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 

MAY 19 (legislative day, MAY 17), 2022 

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. 

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 Military 

5 Servicemembers’ Data Act of 2022’’. 


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1 SEC. 2. UNFAIR AND DECEPTIVE ACTS AND PRACTICES RE2 LATING TO MILITARY SERVICEMEMBER 

3 LISTS. 

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

5 broker to sell, resell, license, trade, or otherwise provide 

6 or make available for consideration a military servicemem7 ber list to any covered nation. 

8 (b) EFFECTIVE DATE.—The prohibition under sub9 section (a) shall take effect on the earlier of— 

10 (1) the date the Commission issues the final 

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

12 (2) 1 year after the date of enactment of this 

13 Act. 

14 SEC. 3. ENFORCEMENT. 

15 (a) ENFORCEMENT BY THE FEDERAL TRADE COM16 MISSION.— 

17 (1) UNFAIR OR DECEPTIVE ACTS OR PRAC18 TICES.—A violation of section 2 shall be treated as 

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

20 act or practice under section 18(a)(1)(B) of the Fed21 eral Trade Commission Act (15 U.S.C. 

22 57a(a)(1)(B)). 

23 (2) POWERS OF COMMISSION.— 

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

25 subparagraphs (D) and (E), the Commission 

26 shall enforce section 2 in the same manner, by 


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1 the same means, and with the same jurisdic2 tion, powers, and duties as though all applicable 

3 terms and provisions of the Federal Trade 

4 Commission Act (15 U.S.C. 41 et seq.) were in5 corporated into and made a part of this Act. 

6 (B) PRIVILEGES AND IMMUNITIES.—Any 

7 person who violates section 2 shall be subject to 

8 the penalties and entitled to the privileges and 

9 immunities provided in the Federal Trade Com10 mission Act (15 U.S.C. 41 et seq.). 

11 (C) AUTHORITY PRESERVED.—Nothing in 

12 this Act shall be construed to limit the author13 ity of the Federal Trade Commission under any 

14 other provision of law. 

15 (D) NONPROFIT ORGANIZATIONS.—Not16 withstanding section 4 of the Federal Trade 

17 Commission Act (15 U.S.C. 44) or any jurisdic18 tional limitation of the Commission, the Com19 mission shall also enforce this Act, in the same 

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

21 with respect to organizations not organized to 

22 carry on business for their own profit or that 

23 of their members. 

24 (E) INDEPENDENT LITIGATION AUTHOR25 ITY.—In any case in which the Commission has 


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1 reason to believe that a data broker is violating 

2 or has violated section 2, the Commission may 

3 bring a civil action in an appropriate district 

4 court of the United States— 

5 (i) to enjoin further violation of such 

6 section by such person; 

7 (ii) to compel compliance with such 

8 section; and 

9 (iii) to obtain damages, restitution, or 

10 other compensation on behalf of aggrieved 

11 consumers. 

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

13 title 5, United States Code, the Commission shall 

14 promulgate regulations to carry out the provisions of 

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

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

17 this Act. 

18 (b) ENFORCEMENT BY STATES.— 

19 (1) IN GENERAL.—In any case in which the at20 torney general of a State has reason to believe that 

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

22 is threatened or adversely affected by the engage23 ment of any data broker subject to section 2 in a 

24 practice that violates such section, the attorney gen25 eral of the State may, as parens patriae, bring a 


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

2 an appropriate district court of the United States— 

3 (A) to enjoin further violation of such sec4 tion by such person; 

5 (B) to compel compliance with such sec6 tion; and 

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

8 compensation on behalf of such residents. 

9 (2) RIGHTS OF FEDERAL TRADE COMMIS10 SION.— 

11 (A) NOTICE TO FEDERAL TRADE COMMIS12 SION.— 

13 (i) IN GENERAL.—Except as provided 

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

15 State shall notify the Commission in writ16 ing that the attorney general intends to 

17 bring a civil action under paragraph (1) 

18 not later than 10 days before initiating the 

19 civil action. 

20 (ii) CONTENTS.—The notification re21 quired by clause (i) with respect to a civil 

22 action shall include a copy of the complaint 

23 to be filed to initiate the civil action. 

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

25 for the attorney general of a State to proVerDate Sep 11 2014 02:35 May 27, 2022 Jkt 029200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S4281.IS S4281

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1 vide the notification required by clause (i) 

2 before initiating a civil action under para3 graph (1), the attorney general shall notify 

4 the Commission immediately upon insti5 tuting the civil action. 

6 (B) INTERVENTION BY FEDERAL TRADE

7 COMMISSION.—The Commission may— 

8 (i) intervene in any civil action 

9 brought by the attorney general of a State 

10 under paragraph (1); and 

11 (ii) upon intervening— 

12 (I) be heard on all matters aris13 ing in the civil action; and 

14 (II) file petitions for appeal of a 

15 decision in the civil action. 

16 (3) INVESTIGATORY POWERS.—Nothing in this 

17 subsection may be construed to prevent the attorney 

18 general of a State from exercising the powers con19 ferred on the attorney general by the laws of the 

20 State to conduct investigations, to administer oaths 

21 or affirmations, or to compel the attendance of wit22 nesses or the production of documentary or other 

23 evidence. 

24 (4) PREEMPTIVE ACTION BY FEDERAL TRADE

25 COMMISSION.—If the Commission institutes a civil 


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1 action or an administrative action with respect to a 

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

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

4 a civil action under paragraph (1) against any de5 fendant named in the complaint of the Commission 

6 for the violation with respect to which the Commis7 sion instituted such action. 

8 (5) VENUE; SERVICE OF PROCESS.— 

9 (A) VENUE.—Any action brought under 

10 paragraph (1) may be brought in— 

11 (i) the district court of the United 

12 States that meets applicable requirements 

13 relating to venue under section 1391 of 

14 title 28, United States Code; or 

15 (ii) another court of competent juris16 diction. 

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

18 brought under paragraph (1), process may be 

19 served in any district in which the defendant— 

20 (i) is an inhabitant; or 

21 (ii) may be found. 

22 SEC. 4. DEFINITIONS. 

23 In this Act: 

24 (1) COMMISSION.—The term ‘‘Commission’’ 

25 means the Federal Trade Commission. 


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1 (2) CONSUMER.—The term ‘‘consumer’’ means 

2 an individual residing in a State. 

3 (3) COVERED NATION.—The term ‘‘covered na4 tion’’ has the meaning given that term in section 

5 4872(d)(2) of title 10, United States Code. 

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

7 means a business that knowingly collects and sells to 

8 third parties the personal information of a consumer 

9 with whom the business does not have a direct rela10 tionship. 

11 (5) MILITARY SERVICEMEMBER LIST.—The 

12 term ‘‘military servicemember list’’ means a list that 

13 includes personal information (other than public 

14 record information) about one or more individuals or 

15 households which is created for the express or im16 plied purpose of compiling information about individ17 uals who are current or former servicemembers (as 

18 that term is defined in section 3911(1) of title 50, 

19 United States Code). 

20 (6) PERSONAL INFORMATION.—The term ‘‘per21 sonal information’’ means information that is linked 

22 or reasonably linkable to any identified or identifi23 able person or device. 

24 (7) PUBLIC RECORD INFORMATION.—The term 

25 ‘‘public record information’’ means information that 


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1 is lawfully made available from Federal, State, or 

2 local government records provided that the data 

3 broker processes and transfers such information in 

4 accordance with any restrictions or terms of use 

5 placed on the information by the relevant govern6 ment entity. 

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

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

9 the Commonwealth of Puerto Rico, Guam, American 

10 Samoa, the Commonwealth of the Northern Mariana 

11 Islands, and the United States Virgin Islands. 

Æ 


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