Protecting Military Servicemembers' Data Act of 2023

Subjects: Commerce


<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1029 Introduced in Senate (IS)]

&lt;DOC&gt;






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.
                                 &lt;all&gt;
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