[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 1512 Introduced in Senate (IS)]
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119th CONGRESS
1st Session
S. 1512
To prohibit data brokers from selling, reselling, trading, licensing,
or otherwise providing for consideration lists of military
servicemembers to any covered nation or person controlled by a covered
nation.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
April 29, 2025
Mr. Cassidy (for himself and Ms. Warren) 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 any covered nation or person controlled by 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 from Foreign Adversaries Act of 2025''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Commission.--The term ``Commission'' means the Federal
Trade Commission.
(2) Controlled by a covered nation.--The term ``controlled
by a covered nation'' means, with respect to a person, that
such person is--
(A) a foreign person that is domiciled in, is
headquartered in, has its principal place of business
in, or is organized under the laws of a covered nation;
(B) an entity with respect to which 1 or more
foreign persons described in subparagraph (A) directly
or indirectly owns not less than a 20 percent stake; or
(C) a person subject to the direction or control of
(including an affiliate or subsidiary) a foreign person
described in subparagraph (A) or an entity described in
subparagraph (B).
(3) Covered nation.--The term ``covered nation'' has the
meaning given such term in section 4872(f) of title 10, United
States Code.
(4) Data broker.--The term ``data broker'' means a person
that knowingly collects and sells, resells, licenses, trades,
or otherwise provides or makes available for consideration to
third parties the personal information of an individual with
whom the business does not have a direct relationship.
(5) Military service list.--The term ``military
servicemember list'' means a list that includes personal
information (other than public record information) about 1 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 101 of the Servicemembers Civil Relief Act
(50 U.S.C. 3911).
SEC. 3. PROHIBITING PROVIDING SERVICEMEMBER LISTS TO ANY COVERED NATION
OR PERSON CONTROLLED BY A COVERED NATION.
(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 or
any person controlled by a covered nation.
(b) Required Contracts.--Any data broker selling, reselling,
licensing, trading, or otherwise providing or making available for
consideration a military servicemember list to any other person shall
require by contract that such person may not sell, resell, license,
trade, or otherwise provide or make available such list to any covered
nation or any person controlled by a covered nation.
(c) Conspiracies and Certain Transactions.--It shall be unlawful
for any person to--
(1) cause or conspire to cause another person to violate
subsection (a) or (b); or
(2) engage in a transaction that has the purpose of evading
such subsections.
SEC. 4. ENFORCEMENT.
(a) Enforcement by the Commission.--
(1) Unfair or deceptive acts or practices.--A violation of
section 3 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 the commission.--
(A) In general.--Except as provided in
subparagraphs (D) and (E), the Commission shall enforce
section 3 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 3 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 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 3, 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 data broker;
(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 in a practice
that violates section 3, 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 to--
(A) enjoin further violation of such section by
such data broker;
(B) compel compliance with such section; and
(C) obtain damages, restitution, or other
compensation on behalf of such residents.
(2) Rights of the commission.--
(A) Notice to the 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 the 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 the commission.--If the Commission
institutes a civil action or an administrative action with
respect to a violation of section 3, 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. 5. REPORT.
Not later than 1 year after the date of enactment of this Act, the
Comptroller General of the United States (referred to in this section
as the ``Comptroller General'') shall submit to Congress a report
containing--
(1) an analysis of--
(A) the enforcement of this Act;
(B) whether additional resources or enforcement
authorities may be necessary to protect the national
security interests of the United States from threats
posed by data brokers selling the sensitive personal
information of people in the United States; and
(C) whether the national security interests of the
United States would be advanced by expanding the
protections of this Act to additional categories of
individuals or types of personal information; and
(2) recommendations for such legislation and administrative
action as the Comptroller General determines appropriate.
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