,,ii #aafth ,,congress #b;d ,session ,s4 #diec ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,december #b1 #bjbj,mr4 ,cassidy introduced the following bill2 which was read twice and referred to the ,committee on ,commerce1 ,science1 and ,transportation ,a ,,bill ,to prohibit data brokers from selling1 trading1 licensing1 or otherwise providing for consideration lists of vulnerable populations to any individual or commercial entity4 #a4 ,short title ,this ,act may be cited as the ,protecting ,vulnerable ,population's ,data ,act of #bjbj4 #b4 ,unfair and deceptive acts and practices relating to vulnerable population lists 7a7 ,in general ,it shall be unlawful for a data broker to sell1 license1 trade1 or otherwise provide or make available for consideration a vulnerable population list to any commercial entity or individual4 7b7 ,effective date ,the prohibition under subsection 7a7 shall take effect on the earlier of-- 7#a7 the date the ,commission issues the final rule under section #c7;a77#c72 or 7#b7 #a year after the date of enactment of this ,act4 #c4 ,enforcement 7a7 ,enforcement by the ,federal ,trade ,commission 7#a7 ,unfair or deceptive acts or practices ,a violation of section #b shall be treated as a violation of a rule defining an unfair or a deceptive act or practice under section #ah7;a77#a77;,b7 of the ,federal ,trade ,commission ,act 7#ae ,u4,s4,c4 #eg;a7a77#a77;,b774 7#b7 ,powers of ,commission 7,a7 ,in general ,except as provided in subparagraph 7,d71 the ,commission shall enforce section #b in the same manner1 by the same means1 and with the same jurisdiction1 powers1 and duties as though all applicable terms and provisions of the ,federal ,trade ,commission ,act 7#ae ,u4,s4,c4 #da et seq47 were incorporated into and made a part of this ,act4 7,b7 ,privileges and immunities ,any person who violates section #b shall be subject to the penalties and entitled to the privileges and immunities provided in the ,federal ,trade ,commission ,act 7#ae ,u4,s4,c4 #da et seq474 7,c7 ,authority preserved ,nothing in this ,act shall be construed to limit the authority of the ,federal ,trade ,commission under any other provision of law4 7,d7 ,nonprofit organizations ,notwithstanding section #d of the ,federal ,trade ,commission ,act 7#ae ,u4,s4,c4 #dd7 or any jurisdictional limitation of the ,commission1 the ,commission shall also enforce this ,act1 in the same manner provided in subparagraphs 7,a7 and 7,b71 with respect to organizations not organized to carry on business for their own profit or that of their members4 7#c7 ,rulemaking ,pursuant to section #eec of title #e1 ,united ,states ,code1 the ,commission shall promulgate regulations to carry out the provisions of this ,act4 ,the ,commission shall issue a final rule by not later than #a year after the date of enactment of this ,act4 7b7 ,enforcement by ,states 7#a7 ,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 #b in a practice that violates such section1 the attorney general of the ,state may1 as parens patriae1 bring a civil action on behalf of the residents of the ,state in an appropriate district court of the ,united ,states-- 7,a7 to enjoin further violation of such section by such person2 7,b7 to compel compliance with such section2 and 7,c7 to obtain damages1 restitution1 or other compensation on behalf of such residents4 7#b7 ,rights of ,federal ,trade ,commission 7,a7 ,notice to ,federal ,trade ,commission 7i7 ,in general ,except as provided in clause 7iii71 the attorney general of a ,state shall notify the ,commission in writing that the attorney general intends to bring a civil action under paragraph 7#a7 not later than #aj days before initiating the civil action4 7ii7 ,contents ,the notification required by clause 7i7 with respect to a civil action shall include a copy of the complaint to be filed to initiate the civil action4 7iii7 ,exception ,if it is not feasible for the attorney general of a ,state to provide the notification required by clause 7i7 before initiating a civil action under paragraph 7#a71 the attorney general shall notify the ,commission immediately upon instituting the civil action4 7,b7 ,intervention by ,federal ,trade ,commission ,the ,commission may-- 7i7 intervene in any civil action brought by the attorney general of a ,state under paragraph 7#a72 and 7ii7 upon intervening-- 7,i7 be heard on all matters arising in the civil action2 and 7,,ii7 file petitions for appeal of a decision in the civil action4 7#c7 ,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 investigations1 to administer oaths or affirmations1 or to compel the attendance of witnesses or the production of documentary or other evidence4 7#d7 ,preemptive action by ,federal ,trade ,commission ,if the ,commission institutes a civil action or an administrative action with respect to a violation of section #b1 the attorney general of a ,state may not1 during the pendency of such action1 bring a civil action under paragraph 7#a7 against any defendant named in the complaint of the ,commission for the violation with respect to which the ,commission instituted such action4 7#e7 ,venue2 service of process 7,a7 ,venue ,any action brought under paragraph 7#a7 may be brought in-- 7i7 the district court of the ,united ,states that meets applicable requirements relating to venue under section #acia of title #bh1 ,united ,states ,code2 or 7ii7 another court of competent jurisdiction4 7,b7 ,service of process ,in an action brought under paragraph 7#a71 process may be served in any district in which the defendant-- 7i7 is an inhabitant2 or 7ii7 may be found4 #d4 ,definitions ,in this ,act3 7#a7 ,commercial entity ,the term commercial entity means an entity1 whether organized for profit or not for profit1 that is organized under the laws of any ,state1 including a sole proprietorship1 a partnership1 a limited liability partnership1 a corporation1 an association1 and a limited liability company4 7#b7 ,commission ,the term ,commission means the ,federal ,trade ,commission4 7#c7 ,consumer ,the term consumer means an individual residing in a ,state4 7#d7 ,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 relationship4 7#e7 ,personal information ,the term personal information means information that is linked or reasonably linkable to any identified or identifiable person or device4 7#f7 ,public record information ,the term public record information means information that is lawfully made available from ,federal1 ,state1 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 entity4 7#g7 ,state ,the term ,state means any ,state of the ,united ,states1 the ,district of ,columbia1 the ,commonwealth of ,puerto ,rico1 ,guam1 ,american ,samoa1 the ,commonwealth of the ,northern ,mariana ,islands1 and the ,united ,states ,virgin ,islands4 7#h7 ,vulnerable population list ,the term vulnerable population list means a list that includes personal information 7other than public record information7 about one or more individuals or households which is created for the express or implied purpose of compiling information about one or more individuals or households in one or more of the following categories 7or similar categories73 7,a7 ,survivors of domestic abuse4 7,b7 ,survivors of child abuse4 7,c7 ,survivors of elder abuse4 7,d7 ,survivors of any sex crime1 including1 but not limited to rape1 sexual assault1 or sexual battery4 7,e7 ,victims of stalking4 7,f7 ,victims of human trafficking4 7,g7 ,victims of violent crimes4 7,h7 ,individuals diagnosed with a disease1 such as ,,hiv_/,,aids1 a genetic disease1 or dementia4 7,i7 ,individuals identified as having addictive behavior or having received clinical treatment for addiction1 including1 but not limited to1 addictions to alcohol1 drugs1 or sex4 7,j7 ,individuals identified by prescriptions taken4 7,k7 ,local1 ,state1 or ,federal law enforcement officers4 7,l7 ,judges and justices of the ,state or ,federal judiciary4