119-s1512

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 1512 Introduced in Senate

    (IS) ]

<DOC>

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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