I 
116TH CONGRESS 
1ST SESSION H. R. 2545 
To create an Office of Cybersecurity at the Federal Trade Commission for 
supervision of data security at consumer reporting agencies, to require 
the promulgation of regulations establishing standards for effective cyber-
security at consumer reporting agencies, to impose penalties on credit 
reporting agencies for cybersecurity breaches that put sensitive consumer 
data at risk, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
MAY 7, 2019 
Mr. CUMMINGS (for himself and Mr. KRISHNAMOORTHI) introduced the 
following bill; which was referred to the Committee on Financial Services 
A BILL 
To create an Office of Cybersecurity at the Federal Trade 
Commission for supervision of data security at consumer 
reporting agencies, to require the promulgation of regula-
tions establishing standards for effective cybersecurity 
at consumer reporting agencies, to impose penalties on 
credit reporting agencies for cybersecurity breaches that 
put sensitive consumer data at risk, and for other pur-
poses. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
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SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Data Breach Preven-
tion and Compensation Act of 2019’’. 
SEC. 2. DEFINITIONS. 
In this Act: 
(1) AFFECTED
CONSUMER.—The term ‘‘af-
fected consumer’’ means any individual to whom 
personally identifying information pertains that was, 
or that may have been, affected by a covered breach. 
(2) AGENCY.—The term ‘‘agency’’ has the 
meaning given the term in section 551 of title 5, 
United States Code. 
(3) CAREER
APPOINTEE.—The term ‘‘career 
appointee’’ has the meaning given the term in sec-
tion 3132(a) of title 5, United States Code. 
(4) COMMISSION.—The term ‘‘Commission’’ 
means the Federal Trade Commission. 
(5) CONSUMER REPORT; CONSUMER REPORTING 
AGENCY.—The terms ‘‘consumer report’’ and ‘‘con-
sumer reporting agency’’ have the meanings given 
the terms in section 603 of the Fair Credit Report-
ing Act (15 U.S.C. 1681a). 
(6) COVERED
BREACH.—The term ‘‘covered 
breach’’ means any instance in which not less than 
1 piece of personally identifying information held by 
a covered consumer reporting agency is exposed, or 
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is reasonably likely to have been exposed, to an un-
authorized party. 
(7) COVERED
CONSUMER
REPORTING
AGEN-
CY.—The term ‘‘covered consumer reporting agency’’ 
means— 
(A) a consumer reporting agency described 
in section 603(p) of the Fair Credit Reporting 
Act (15 U.S.C. 1681a(p)); or 
(B) a consumer reporting agency that 
earns not less than $7,000,000 in annual rev-
enue from the sale of consumer reports. 
(8) DETAIL.—The term ‘‘detail’’ means a tem-
porary assignment of an employee to a different po-
sition for a specified period, with the employee re-
turning to the regular duties of the employee at the 
end of the specified period. 
(9) DIRECTOR.—The term ‘‘Director’’ means 
the Director of the Office. 
(10) OFFICE.—The term ‘‘Office’’ means the 
Office of Cybersecurity established under section 
3(a). 
(11) 
PERSONALLY
IDENTIFYING
INFORMA-
TION.—The term ‘‘personally identifying informa-
tion’’ means, with respect to an individual— 
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(A) the social security number of the indi-
vidual; 
(B) a driver’s license number of the indi-
vidual; 
(C) a passport number of the individual; 
(D) an alien registration number or other 
government-issued unique identification number 
of the individual; 
(E) unique biometric data, such as a 
faceprint, a fingerprint, a voice print, an iris 
image, or any other unique physical representa-
tion of the individual; 
(F) the first and last name of the indi-
vidual, or the first initial of the first name and 
the last name of the individual, in combination 
with any information that relates to— 
(i) the past, present, or future phys-
ical or mental health or condition of the in-
dividual; or 
(ii) the provision of health care to, or 
a diagnosis of, the individual; 
(G)(i) a financial account number, debit 
card number, or credit card number of the indi-
vidual; or 
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(ii) any passcode required to access an ac-
count described in clause (i); and 
(H) such additional information, as deter-
mined by the Director. 
SEC. 3. CYBERSECURITY STANDARDS AND FTC AUTHORITY. 
(a) ESTABLISHMENT.—There is established in the 
Commission an Office of Cybersecurity, which shall be 
headed by a Director, who shall be a career appointee. 
(b) DUTIES.—The Office— 
(1) shall— 
(A) supervise covered consumer reporting 
agencies with respect to data security; 
(B) promulgate regulations, through notice 
and comment rulemaking that complies with 
section 553 of title 5, United States Code, for 
effective data security for covered consumer re-
porting agencies, including requirements for a 
covered consumer reporting agency to— 
(i) provide the Commission with de-
scriptions of technical and organizational 
security measures of the consumer report-
ing agency, including— 
(I) system and network security 
measures, including— 
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(aa) asset management, in-
cluding— 
(AA) an inventory of 
devices of the covered con-
sumer reporting agency that 
are authorized to access 
data maintained by the cov-
ered 
consumer 
reporting 
agency; 
(BB) an inventory of 
software that is authorized 
by the covered consumer re-
porting agency to access 
data maintained by the cov-
ered 
consumer 
reporting 
agency, including application 
whitelisting; and 
(CC) secure configura-
tions for hardware and soft-
ware of the covered con-
sumer reporting agency; 
(bb) network management 
and monitoring, including— 
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(AA) 
mapped 
data 
flows, including functional 
mission mapping; 
(BB) 
maintenance, 
monitoring, and analysis of 
audit logs; 
(CC) 
network 
seg-
mentation; and 
(DD) local and remote 
access 
privileges, 
defined 
and managed; and 
(cc) 
application 
manage-
ment, including— 
(AA) continuous vulner-
ability assessment and reme-
diation; 
(BB) server application 
hardening; 
(CC) vulnerability han-
dling, such as coordinated 
vulnerability disclosure pol-
icy; and 
(DD) patch manage-
ment, including at, or near, 
real-time 
dashboards 
of 
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patch implementation across 
network hosts; and 
(II) data security measures, in-
cluding— 
(aa) 
data-centric 
security 
mechanisms such as format-pre-
serving encryption, cryptographic 
data-splitting, and data-tagging 
and lineage; 
(bb) encryption for data at 
rest; 
(cc) encryption for data in 
transit; 
(dd) systemwide data mini-
mization evaluations and policies; 
and 
(ee) data recovery capability; 
(ii) employ reasonable technical meas-
ures and corporate governance processes 
for continuous monitoring of data, intru-
sion detection, and continuous evaluation 
and timely patching of vulnerabilities; 
(iii) employ reasonable technical meas-
ures and corporate governance processes 
that satisfy and exceed all relevant data se-
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curity policy recommendations contained in 
the framework of the National Institute of 
Standards 
and 
Technology 
entitled 
‘‘Framework for Improving Critical Infra-
structure Cybersecurity’’, dated February 
12, 2014, or any successor thereto, as de-
termined appropriate by the Office; and 
(iv) create and maintain documenta-
tion demonstrating that the covered con-
sumer reporting agency is employing the 
technical measures and corporate govern-
ance processes described in clauses (ii) and 
(iii); 
(C) annually examine the data security 
measures of covered consumer reporting agen-
cies for compliance with the requirements de-
scribed in clauses (ii) and (iii) of subparagraph 
(B); 
(D) investigate any covered consumer re-
porting agency if the Office has reason to sus-
pect— 
(i) a covered breach has occurred and 
the covered consumer reporting agency was 
subject to the covered breach; or 
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(ii) the covered consumer reporting 
agency is not in compliance with the re-
quirements described in clauses (ii) and 
(iii) of subparagraph (B); 
(E) after consultation with members of the 
technical and academic communities, develop a 
rigorous, repeatable methodology— 
(i) for evaluating, testing, and meas-
uring effective data security practices of 
covered consumer reporting agencies; and 
(ii) that employs forms of static and 
dynamic software analysis and penetration 
testing; 
(F) submit to Congress an annual report 
on the findings of each investigation carried out 
under subparagraph (D) during the year cov-
ered by the report that includes a statement of 
how Congress could enhance the authorities of 
the Office in order to assist the Office in car-
rying out the duties of the Office under this 
Act; 
(G) determine whether covered consumer 
reporting agencies are complying with the re-
quirements described in clauses (ii) and (iii) of 
subparagraph (B); and 
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(H) coordinate with the National Institute 
of Standards and Technology and the National 
Cybersecurity and Communications Integration 
Center of the Department of Homeland Secu-
rity; and 
(2) may— 
(A) investigate any covered breach to de-
termine if the covered consumer reporting agen-
cy that was subject to the covered breach was 
in compliance with the requirements described 
in clauses (ii) and (iii) of paragraph (1)(B) as 
of the date on which the covered breach oc-
curred; and 
(B) if the Director has reason to believe 
that any covered consumer reporting agency is 
violating, or in the immediate future will vio-
late, a requirement described in clause (ii) or 
(iii) of paragraph (1), bring a suit in an appro-
priate district court of the United States to en-
join any such act or practice. 
(c) STAFF.— 
(1) IN GENERAL.—The Director shall, without 
regard to the civil service laws and regulations, ap-
point such personnel, including computer security re-
searchers and practitioners with technical expertise 
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in computer science, engineering, and cybersecurity, 
as the Director determines are necessary to carry 
out the duties of the Office. 
(2) DETAILS.— 
(A) IN GENERAL.—An employee of the Na-
tional Institute of Standards and Technology, 
the Bureau of Consumer Financial Protection, 
or the National Cybersecurity and Communica-
tions Integration Center of the Department of 
Homeland Security may be detailed to the Of-
fice, without reimbursement. 
(B) CIVIL
SERVICE
STATUS
AND
PRIVI-
LEGE.—Detail under subparagraph (A) shall be 
without interruption or loss of the civil service 
status or privilege of the employee who is de-
tailed to the Office. 
SEC. 4. NOTIFICATION AND ENFORCEMENT. 
(a) NOTIFICATION.— 
(1) NOTIFICATION
TO
THE
COMMISSION
AND 
RELEVANT FEDERAL LAW ENFORCEMENT AND IN-
TELLIGENCE AGENCIES.— 
(A) NOTIFICATION TO THE COMMISSION.— 
Except as provided in paragraph (3), not later 
than 10 days after the date on which a covered 
breach occurs, any covered consumer reporting 
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agency that was subject to the covered breach 
shall notify the Commission of the covered 
breach. 
(B) NOTIFICATION
TO
RELEVANT
FED-
ERAL LAW ENFORCEMENT AND INTELLIGENCE 
AGENCIES.—Not later than 10 days after the 
date on which the Commission receives a notifi-
cation under subparagraph (A) that a covered 
breach has occurred, the Commission shall— 
(i) notify the relevant Federal law en-
forcement agencies and intelligence agen-
cies that the covered breach has occurred; 
and 
(ii) with respect to the covered breach, 
consult with the relevant Federal law en-
forcement agencies and intelligence agen-
cies, as appropriate. 
(2) NOTIFICATION TO AFFECTED CONSUMERS 
AND THE PUBLIC.— 
(A) IN GENERAL.—Except as provided in 
paragraph (3), on an expeditious and practical 
timeline, as determined appropriate by the 
Commission, a covered consumer reporting 
agency that is subject to a covered breach 
shall— 
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(i) submit to each affected consumer 
with respect to whom the covered con-
sumer reporting agency holds a piece of 
personally identifying information a notifi-
cation regarding the covered breach that 
complies with subparagraph (B); and 
(ii) publish on the internet website of 
the covered consumer reporting agency a 
notice that contains a statement of— 
(I) the information described in 
clauses (i) and (ii) of subparagraph 
(B) and subclauses (I) and (II) of 
clause (iii) of that subparagraph; and 
(II) the steps that the covered 
consumer reporting agency is taking 
to notify the affected consumers de-
scribed in clause (i) regarding the cov-
ered breach. 
(B) NOTIFICATION
TO
AFFECTED
CON-
SUMERS.—In a notification to affected con-
sumers under subparagraph (A)(i), the covered 
consumer reporting agency submitting the noti-
fication shall include a statement of— 
(i) the fact that the covered breach 
occurred; 
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(ii) the approximate date on which the 
covered breach occurred; and 
(iii) with respect to the covered 
breach— 
(I) the number of affected con-
sumers; 
(II) the measures that the cov-
ered consumer reporting agency is 
taking to remedy the covered breach; 
and 
(III) the potential risks created 
by the covered breach, a list of which 
the covered consumer reporting agen-
cy shall develop in consultation with 
the Office. 
(3) DELAY OF NOTIFICATION AUTHORIZED FOR 
LAW ENFORCEMENT OR NATIONAL SECURITY PUR-
POSES.— 
(A) NOTIFICATION BY LAW ENFORCEMENT 
AGENCY OR INTELLIGENCE AGENCY.—If a Fed-
eral law enforcement agency or intelligence 
agency to which the Commission has provided 
notice under paragraph (1)(B)(i) determines 
that the notification required under paragraph 
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(2) may impede a criminal investigation or na-
tional security activity— 
(i) the Federal law enforcement agen-
cy or intelligence agency shall provide writ-
ten notice to the Commission and the cov-
ered consumer reporting agency that was 
subject to the covered breach that is the 
subject of the notification that states— 
(I) that the notification required 
under paragraph (2) shall be delayed 
for law enforcement or national secu-
rity purposes; and 
(II) the date on which the delay 
imposed under subclause (I) shall end; 
and 
(ii) subject to subparagraph (B), the 
covered consumer reporting agency that 
was subject to the covered breach shall 
delay notification under paragraph (2) 
until the date described in clause (i)(II) of 
this subparagraph. 
(B) EXTENDED
DELAY
OF
NOTIFICA-
TION.—If the notification required under para-
graph (2) is delayed under subparagraph (A) of 
this paragraph, a covered consumer reporting 
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agency that is required to provide notice under 
paragraph (2) shall provide that notice on an 
expeditious and practical timeline, as deter-
mined appropriate by the Commission, after the 
date on which the law enforcement or national 
security delay under subparagraph (A) of this 
paragraph ends, unless a Federal law enforce-
ment or intelligence agency to which the Com-
mission has provided notice under paragraph 
(1)(B)(i) provides written notification to the 
Commission and the covered consumer report-
ing agency that states— 
(i) that further delay is necessary; 
and 
(ii) the date on which the further 
delay shall end. 
(C) LAW
ENFORCEMENT
IMMUNITY.—No 
nonconstitutional cause of action shall lie in any 
court against any agency for acts relating to 
the delay of notification under subparagraph 
(A), or the extended delay of notification under 
subparagraph (B), for law enforcement or na-
tional security purposes. 
(b) PENALTY.— 
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(1) IN GENERAL.—In the event of a covered 
breach, the Commission shall, not later than 30 days 
after the date on which the Commission receives no-
tification of the covered breach under subsection 
(a)(1)(A), commence a civil action to recover a civil 
penalty in an appropriate district court of the 
United States against the covered consumer report-
ing agency that was subject to the covered breach. 
(2) DETERMINING PENALTY AMOUNT.— 
(A) IN GENERAL.—Except as provided in 
subparagraph (B), in determining the amount 
of a civil penalty under paragraph (1), the 
court shall impose a civil penalty on a covered 
consumer reporting agency of— 
(i) $100 for each consumer for whom 
the first and last name, or the first initial 
of the first name and last name, and 1 
other item of personally identifying infor-
mation were exposed to an unauthorized 
party; and 
(ii) in addition to the penalty imposed 
under clause (i), an additional $50 for 
each item of personally identifying infor-
mation of the consumer, other than an 
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item described in that clause, that was ex-
posed to an unauthorized party. 
(B) EXCEPTION.— 
(i) IN GENERAL.—Except as provided 
in clause (ii), in an action commenced 
under this subsection, a court may not im-
pose a civil penalty in an amount that is 
more than 50 percent of the gross revenue 
of the covered consumer reporting agency 
against which the action is brought for the 
fiscal year before the fiscal year in which 
the covered consumer reporting agency be-
came aware of the covered breach that is 
the subject of the action. 
(ii) PENALTY
DOUBLED.—In an ac-
tion commenced under this subsection, the 
court shall impose a civil penalty on a cov-
ered consumer reporting agency in an 
amount that is 2 times the amount of the 
penalty described in subparagraph (A), but 
not greater than 75 percent of the gross 
revenue of the covered consumer reporting 
agency for the fiscal year before the fiscal 
year in which the covered consumer report-
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ing agency became aware of the covered 
breach that is subject to the action, if— 
(I) the covered consumer report-
ing agency fails to notify the Commis-
sion of the covered breach before the 
deadline established under subsection 
(a)(1)(A); or 
(II) the covered consumer report-
ing agency violates any requirement 
described in clause (ii) or (iii) of sec-
tion 3(b)(1)(B). 
(3) PROCEEDS
OF
THE
PENALTIES.—Of the 
penalties imposed under this subsection— 
(A) 50 percent shall be used for cybersecu-
rity research and inspections by the Office; and 
(B) 50 percent shall be used by the Office 
to be divided fairly among consumers affected 
by the covered breach. 
(4) NO
PREEMPTION.—Nothing in this sub-
section shall preclude an action by a consumer under 
State or other Federal law. 
(c) INJUNCTIVE RELIEF.—The Commission, acting 
through the Office, may bring suit in an appropriate dis-
trict court of the United States or in the United States 
court of any territory to require a covered consumer re-
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porting agency to implement or correct a particular secu-
rity measure in order to promote effective security in ac-
cordance with the requirements described in clauses (ii) 
and (iii) of section 3(b)(1)(B). 
SEC. 5. AMENDMENTS TO THE GRAMM-LEACH-BLILEY ACT. 
(a) ENFORCEMENT RELATING TO DISCLOSURE OF 
NONPUBLIC
PERSONAL
INFORMATION.—Section 
505(a)(7) of the Gramm-Leach-Bliley Act (15 U.S.C. 
6805(a)(7)) is amended by inserting ‘‘, including any con-
sumer reporting agency that compiles and maintains files 
on consumers on a nationwide basis (as defined in section 
603(p) of the Fair Credit Reporting Act (15 U.S.C. 
1681a(p)))’’ before the period at the end. 
(b) DEFINITIONS RELATING
TO DISCLOSURE
OF 
NONPUBLIC PERSONAL INFORMATION.—Section 509(3) 
of the Gramm-Leach-Bliley Act (15 U.S.C. 6809(3)) is 
amended by adding at the end the following: 
‘‘(E) CONSUMER
REPORTING
AGENCIES 
SPECIFICALLY INCLUDED.—The term ‘financial 
institution’ includes any consumer reporting 
agency that compiles and maintains files on 
consumers on a nationwide basis (as defined in 
section 603(p) of the Fair Credit Reporting Act 
(15 U.S.C. 1681a(p))).’’. 
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SEC. 6. AUTHORIZATION OF APPROPRIATIONS. 
There 
are 
authorized 
to 
be 
appropriated 
$100,000,000 to carry out this Act, to remain available 
until expended. 
Æ 
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