I 
118TH CONGRESS 
1ST SESSION H. R. 6573 
To prohibit data brokers from selling, reselling, trading, licensing, or otherwise 
providing for consideration lists of military servicemembers to a covered 
nation. 
IN THE HOUSE OF REPRESENTATIVES 
DECEMBER 4, 2023 
Mr. FALLON (for himself, Mr. VEASEY, Mr. COLE, Mrs. BICE, Mr. MILLS, Mr. 
NUNN of Iowa, Mr. OWENS, Mrs. LUNA, Mr. JACKSON of Texas, Mr. 
GOODEN of Texas, Mr. JOHNSON of South Dakota, Mr. DAVIS of North 
Carolina, Ms. STEFANIK, Mr. MCCORMICK, Mr. CRANE, and Mr. 
FEENSTRA) introduced the following bill; which was referred to the Com-
mittee on Energy and Commerce 
A BILL 
To prohibit data brokers from selling, reselling, trading, li-
censing, or otherwise providing for consideration lists 
of military servicemembers to a covered nation. 
Be it enacted by the Senate and House of Representa-
tives 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’’. 
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SEC. 2. UNFAIR AND DECEPTIVE ACTS AND PRACTICES RE-
LATING 
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 servicemem-
ber list to any covered nation. 
(b) EFFECTIVE DATE.—The prohibition under sub-
section (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 COM-
MISSION.— 
(1) UNFAIR
OR
DECEPTIVE
ACTS
OR
PRAC-
TICES.—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 Fed-
eral 
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 
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the same means, and with the same jurisdic-
tion, powers, and duties as though all applicable 
terms and provisions of the Federal Trade 
Commission Act (15 U.S.C. 41 et seq.) were in-
corporated 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 Com-
mission Act (15 U.S.C. 41 et seq.). 
(C) AUTHORITY PRESERVED.—Nothing in 
this Act shall be construed to limit the author-
ity of the Federal Trade Commission under any 
other provision of law. 
(D) NONPROFIT
ORGANIZATIONS.—Not-
withstanding section 4 of the Federal Trade 
Commission Act (15 U.S.C. 44) or any jurisdic-
tional limitation of the Commission, the Com-
mission 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
AUTHOR-
ITY.—In any case in which the Commission has 
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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 at-
torney 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 engage-
ment of any data broker subject to section 2 in a 
practice that violates such section, the attorney gen-
eral of the State may, as parens patriae, bring a 
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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 sec-
tion by such person; 
(B) to compel compliance with such sec-
tion; and 
(C) to obtain damages, restitution, or other 
compensation on behalf of such residents. 
(2) RIGHTS
OF
FEDERAL
TRADE
COMMIS-
SION.— 
(A) NOTICE TO FEDERAL TRADE COMMIS-
SION.— 
(i) IN GENERAL.—Except as provided 
in clause (iii), the attorney general of a 
State shall notify the Commission in writ-
ing 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 re-
quired 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 pro-
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vide the notification required by clause (i) 
before initiating a civil action under para-
graph (1), the attorney general shall notify 
the Commission immediately upon insti-
tuting 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 aris-
ing 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 con-
ferred on the attorney general by the laws of the 
State to conduct investigations, to administer oaths 
or affirmations, or to compel the attendance of wit-
nesses or the production of documentary or other 
evidence. 
(4) PREEMPTIVE ACTION BY FEDERAL TRADE 
COMMISSION.—If the Commission institutes a civil 
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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 de-
fendant named in the complaint of the Commission 
for the violation with respect to which the Commis-
sion 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 juris-
diction. 
(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. 
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