[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 2513 Introduced in Senate (IS)]







106th CONGRESS
  2d Session
                                S. 2513

To strengthen control by consumers over the use and disclosure of their 
 personal financial and health information by financial institutions, 
                        and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              May 4, 2000

 Mr. Leahy (for himself, Mr. Sarbanes, Mr. Robb, Mr. Dodd, Mr. Kerry, 
  Mr. Bryan, Mr. Edwards, Mr. Durbin, Mr. Harkin, and Mrs. Feinstein) 
introduced the following bill; which was read twice and referred to the 
            Committee on Banking, Housing, and Urban Affairs

_______________________________________________________________________

                                 A BILL


 
To strengthen control by consumers over the use and disclosure of their 
 personal financial and health information by financial institutions, 
                        and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE AND TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Financial 
Information Privacy Protection Act of 2000''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Opt-out requirement for disclosure to affiliates and 
                            nonaffiliated third parties.
Sec. 3. Restricting the transfer of information about personal spending 
                            habits.
Sec. 4. Restricting the use of health information in making credit and 
                            other financial decisions.
Sec. 5. Limits on redisclosure and reuse of information.
Sec. 6. Consumer rights to access and correct information.
Sec. 7. Improved enforcement authority.
Sec. 8. Enhanced disclosure of privacy policies.
Sec. 9. Limit on disclosure of account numbers.
Sec. 10. General exceptions.
Sec. 11. Definitions.
Sec. 12. Issuance of implementing regulations.
Sec. 13. FTC rulemaking authority under the Fair Credit Reporting Act.

SEC. 2. OPT-OUT REQUIREMENT FOR DISCLOSURE TO AFFILIATES AND 
              NONAFFILIATED THIRD PARTIES.

    Section 502(a) of the Gramm-Leach-Bliley Act (15 U.S.C. 6802(a)) is 
amended to read as follows:
    ``(a) Disclosure of Nonpublic Personal Information.--Except as 
otherwise provided in this subtitle, a financial institution may not 
disclose any nonpublic personal information to an affiliate or a 
nonaffiliated third party unless such financial institution--
            ``(1) has provided to the consumer a clear and conspicuous 
        notice, in writing or electronic form or other form permitted 
        by the regulations implementing this subtitle, of the 
        categories of information that may be disclosed to the--
                    ``(A) affiliate; or
                    ``(B) nonaffiliated third party;
            ``(2) has given the consumer an opportunity, before the 
        time that such information is initially disclosed, to direct 
        that such information not be disclosed to such--
                    ``(A) affiliate; or
                    ``(B) nonaffiliated third party; and
            ``(3) has given the consumer the ability to exercise that 
        nondisclosure option through the same method of communication 
        by which the consumer received the notice described in 
        paragraph (1) or another method at least as convenient to the 
        consumer, and an explanation of how the consumer can exercise 
        such option.''.

SEC. 3. RESTRICTING THE TRANSFER OF INFORMATION ABOUT PERSONAL SPENDING 
              HABITS.

    Section 502(b) of the Gramm-Leach-Bliley Act (15 U.S.C. 6802(b)) is 
amended to read as follows:
    ``(b) Restriction on the Transfer of Information About Personal 
Spending Habits.--
            ``(1) In general.--Notwithstanding subsection (a), if a 
        financial institution provides a service to a consumer through 
        which the consumer makes or receives payments or transfers by 
        check, debit card, credit card, or other similar instrument, 
        the financial institution shall not transfer to an affiliate or 
        a nonaffiliated third party--
                    ``(A) an individualized list of that consumer's 
                transactions or an individualized description of that 
                consumer's interests, preferences, or other 
                characteristics; or
                    ``(B) any such list or description constructed in 
                response to an inquiry about a specific, named 
                individual;
        if the list or description is derived from information 
        collected in the course of providing that service.
            ``(2) Restriction on transfer of aggregate lists containing 
        certain health information.--Notwithstanding subsection (a), a 
        financial institution shall not transfer to an affiliate or a 
        nonaffiliated third party any aggregate list of consumers 
        containing or derived from individually identifiable health 
        information.
            ``(3) Exceptions.--
                    ``(A) In general.--The financial institution may 
                disclose the information described in paragraph (1) or 
                (2) to an affiliate or a nonaffiliated third party if 
                such financial institution--
                            ``(i) has clearly and conspicuously 
                        requested in writing or in electronic form or 
                        other form permitted by the regulations 
                        implementing this subtitle, that the consumer 
                        affirmatively consent to such disclosure; and
                            ``(ii) has obtained from the consumer such 
                        affirmative consent and such consent has not 
                        been withdrawn.
                    ``(B) Rule of construction.--This subsection shall 
                not be construed as preventing a financial institution 
                from transferring the information described in 
                paragraph (1) or (2) to an affiliate or a nonaffiliated 
                third party for the purposes described in paragraph 
                (1), (2), (3), (5), (7), (8), (9), or (10) of 
                subsection (f).
                    ``(C) Scope of application.--Paragraph (1) shall 
                not apply to the transfer of aggregate lists of 
                consumers.''.

SEC. 4. RESTRICTING THE USE OF HEALTH INFORMATION IN MAKING CREDIT AND 
              OTHER FINANCIAL DECISIONS.

    (a) Restriction on Use of Consumer Health Information.--Section 
502(c) of the Gramm-Leach-Bliley Act (15 U.S.C. 6802(c)) is amended to 
read as follows:
    ``(c) Use of Consumer Health Information Available From Affiliates 
and Nonaffiliated Third Parties.--In deciding whether, or on what 
terms, to offer, provide, or continue to provide a financial product or 
service to a consumer, a financial institution shall not obtain or 
receive individually identifiable health information about the consumer 
from an affiliate or nonaffiliated third party, or evaluate or 
otherwise consider any such information, unless the financial 
institution--
            ``(1) has clearly and conspicuously requested in writing or 
        in electronic form or other form permitted by the regulations 
        implementing this subtitle, that the consumer affirmatively 
        consent to the transfer and use of that information with 
        respect to a particular financial product or service;
            ``(2) has obtained from the consumer such affirmative 
        consent and such consent has not been withdrawn; and
            ``(3) requires the same health information about all 
        consumers as a condition for receiving the financial product or 
        service.''.
    (b) Existing Protections for Health Information Not Affected.--
Title V of the Gramm-Leach-Bliley Act (15 U.S.C. 6801 et seq.) is 
amended by adding after section 510 the following new section:

``SEC. 511. RELATION TO STANDARDS ESTABLISHED UNDER THE HEALTH 
              INSURANCE PORTABILITY AND ACCOUNTABILITY ACT OF 1996.

    ``Nothing in this subtitle shall be construed as--
            ``(1) modifying, limiting, or superseding standards 
        governing the privacy and security of individually identifiable 
        health information promulgated by the Secretary of Health and 
        Human Services under sections 262(a) and 264 of the Health 
        Insurance Portability and Accountability Act of 1996; or
            ``(2) authorizing the use or disclosure of individually 
        identifiable health information in a manner other than as 
        permitted by other applicable law.''.
    (c) Definition of Individually Identifiable Health Information.--
Section 509 of the Gramm-Leach-Bliley Act (15 U.S.C. 6809) is amended 
by adding at the end the following new paragraph:
            ``(12) Individually identifiable health information.--The 
        term `individually identifiable health information' means any 
        information, including demographic information obtained from or 
        about an individual, that is described in section 1171(6)(B) of 
        the Social Security Act.''.
    (d) Technical and Conforming Amendment.--Section 505(a)(6) of the 
Gramm-Leach-Bliley Act (15 U.S.C. 6805(a)(6)) is amended by inserting 
before the period at the end ``to the extent the provisions of such 
section are not inconsistent with the provisions of this subtitle''.

SEC. 5. LIMITS ON REDISCLOSURE AND REUSE OF INFORMATION.

    Section 502 of the Gramm-Leach-Bliley Act (15 U.S.C. 6802) is 
amended--
            (1) by redesignating subsections (d) and (e) as subsections 
        (e) and (f), respectively; and
            (2) by inserting after subsection (c) the following new 
        subsection:
    ``(d) Limits on Redisclosure and Reuse of Information.--
            ``(1) In general.--An affiliate or a nonaffiliated third 
        party that receives nonpublic personal information from a 
        financial institution shall not disclose such information to 
        any other person unless such disclosure would be lawful if made 
        directly to such other person by the financial institution.
            ``(2) Disclosure under a general exception.--
        Notwithstanding paragraph (1), any person that receives 
        nonpublic personal information from a financial institution in 
        accordance with one of the general exceptions in subsection (f) 
        may use or disclose such information only--
                    ``(A) as permitted under that general exception; or
                    ``(B) under another general exception in subsection 
                (f), if necessary to carry out the purpose for which 
                the information was disclosed by the financial 
                institution.''.

SEC. 6. CONSUMER RIGHTS TO ACCESS AND CORRECT
              INFORMATION.

    Title V of the Gramm-Leach-Bliley Act (15 U.S.C. 6801 et seq.) is 
amended by adding after section 511 (as added by section 4(b) of this 
Act), the following new section:

``SEC. 512. ACCESS TO AND CORRECTION OF INFORMATION.

    ``(a) Access.--
            (1) In general.--Upon the request of a consumer, a 
        financial institution shall make available to the consumer 
        information about the consumer that is under the control of, 
        and reasonably available to, the financial institution.
            ``(2) Exceptions.--Notwithstanding paragraph (1), a 
        financial institution--
                    ``(A) shall not be required to disclose to a 
                consumer any confidential commercial information, such 
                as an algorithm used to derive credit scores or other 
                risk scores or predictors;
                    ``(B) shall not be required to create new records 
                in order to comply with the consumer's request;
                    ``(C) shall not be required to disclose to a 
                consumer any information assembled by the financial 
                institution, in a particular matter, as part of the 
                financial institution's efforts to comply with laws 
                preventing fraud, money laundering, or other unlawful 
                conduct; and
                    ``(D) shall not disclose any information required 
                to be kept confidential by any other Federal law.
    ``(b) Correction.--A financial institution shall provide a consumer 
the opportunity to dispute the accuracy of any information disclosed to 
the consumer pursuant to subsection (a), and to present evidence 
thereon. A financial institution shall correct or delete material 
information identified by a consumer that is materially incomplete or 
inaccurate.
    ``(c) Coordination and Consultation.--In prescribing regulations 
implementing this section, the Federal agencies specified in section 
504(a) shall consult with one another to ensure that the rules--
            ``(1) impose consistent requirements on the financial 
        institutions under their respective jurisdictions;
            ``(2) take into account conditions under which financial 
        institutions do business both in the United States and in other 
        countries; and
            ``(3) are consistent with the principle of technology 
        neutrality.
    ``(d) Charges for Disclosures.--A financial institution may impose 
a reasonable charge for making a disclosure under this section, which 
charge must be disclosed to the consumer before making the disclosure. 
''.

SEC. 7. IMPROVED ENFORCEMENT AUTHORITY.

    (a) Compliance With Privacy Policy.--Section 503 of the Gramm-
Leach-Bliley Act (15 U.S.C. 6803) is amended by adding at the end the 
following new subsection:
    ``(c) Compliance With Privacy Policy.--A financial institution's 
failure to comply with any of its policies or practices disclosed to a 
consumer under this section constitutes a violation of the requirements 
of this section.''.
    (b) Unfair and Deceptive Trade Practice.--Section 505(a)(7) of the 
Gramm-Leach-Bliley Act (15 U.S.C. 6805(a)(7)) is amended by adding at 
the end the following new sentence: ``A violation of any requirement of 
this subtitle, or the regulations of the Federal Trade Commission 
prescribed under this subtitle, by a financial institution or other 
person described in this paragraph shall constitute an unfair or 
deceptive act or practice in commerce in violation of section 5(a) of 
the Federal Trade Commission Act.''.
    (c) Supplemental State Enforcement for FTC Regulated Entities.--
Section 505 of the Gramm-Leach-Bliley Act (15 U.S.C. 6805) is amended 
by adding at the end the following new subsection:
    ``(e) State Action for Violations.--
            ``(1) Authority of the states.--In addition to such other 
        remedies as are provided under State law, if the attorney 
        general of a State, or an officer authorized by the State, has 
        reason to believe that any financial institution or other 
        person described in section 505(a)(7) has violated or is 
        violating this subtitle or the regulations prescribed 
        thereunder by the Federal Trade Commission, the State may--
                    ``(A) bring an action on behalf of the residents of 
                the State to enjoin such violation in any appropriate 
                United States district court or in any other court of 
                competent jurisdiction; and
                    ``(B) bring an action on behalf of the residents of 
                the State to enforce compliance with this subtitle and 
                the regulations prescribed thereunder by the Federal 
                Trade Commission, to obtain damages, restitution, or 
                other compensation on behalf of the residents of such 
                State, or to obtain such further and other relief as 
                the court may deem appropriate.
            ``(2) Rights of the federal trade commission.--The State 
        shall serve prior written notice of any action under paragraph 
        (1) upon the Federal Trade Commission and shall provide the 
        Commission with a copy of its complaint; provided that, if such 
        prior notice is not feasible, the State shall serve such notice 
        immediately upon instituting such action. The Federal Trade 
        Commission shall have the right--
                    ``(A) to move to stay the action, pending the final 
                disposition of a pending Federal matter as described in 
                paragraph (4);
                    ``(B) to intervene in an action under paragraph 
                (1);
                    ``(C) upon so intervening, to be heard on all 
                matters arising therein;
                    ``(D) to remove the action to the appropriate 
                United States district court; and
                    ``(E) to file petitions for appeal.
            ``(3) Investigatory powers.--For purposes of bringing any 
        action under this subsection, nothing in this subsection shall 
        prevent the attorney general, or officers of such State who are 
        authorized by such State to bring such actions, from exercising 
        the powers conferred on the attorney general or such officers 
        by the laws of such State to conduct investigations or to 
        administer oaths or affirmations or to compel the attendance of 
        witnesses or the production of documentary and other evidence.
            ``(4) Limitation on state action while federal action is 
        pending.--If the Federal Trade Commission has instituted an 
        action for a violation of this subtitle, no State may, during 
        the pendency of such action, bring an action under this section 
        against any defendant named in the complaint of the Commission 
        for any violation of this subtitle that is alleged in that 
        complaint.''.
    (d) State Action for Violations of Ban on Pretext Calling.--Section 
522 of the Gramm-Leach-Bliley Act (15 U.S.C. 6822) is amended by adding 
at the end the following new subsection:
    ``(c) State Action for Violations.--
            ``(1) Authority of the states.--In addition to such other 
        remedies as are provided under State law, if the attorney 
        general of a State, or an officer authorized by the State, has 
        reason to believe that any person (other than a person 
        described in subsection (b)(1)) has violated or is violating 
        this subtitle, the State may--
                    ``(A) bring an action on behalf of the residents of 
                the State to enjoin such violation in any appropriate 
                United States district court or in any other court of 
                competent jurisdiction; and
                    ``(B) bring an action on behalf of the residents of 
                the State to enforce compliance with this subtitle, to 
                obtain damages, restitution, or other compensation on 
                behalf of the residents of such State, or to obtain 
                such further and other relief as the court may deem 
                appropriate.
            ``(2) Rights of federal agencies.--The State shall serve 
        prior written notice of any action commenced under paragraph 
        (1) upon the Attorney General and the Federal Trade Commission, 
        and shall provide the Attorney General and the Commission with 
        a copy of the complaint; provided that, if such prior notice is 
        not feasible, the State shall serve such notice immediately 
upon instituting such action. The Attorney General and the Federal 
Trade Commission shall have the right--
                    ``(A) to move to stay the action, pending the final 
                disposition of a pending Federal matter as described in 
                paragraph (4);
                    ``(B) to intervene in an action under paragraph 
                (1);
                    ``(C) upon so intervening, to be heard on all 
                matters arising therein;
                    ``(D) to remove the action to the appropriate 
                United States district court; and
                    ``(E) to file petitions for appeal.
            ``(3) Investigatory powers.--For purposes of bringing any 
        action under this subsection, nothing in this subsection shall 
        prevent the attorney general, or officers of such State who are 
        authorized by such State to bring such actions, from exercising 
        the powers conferred on the attorney general or such officers 
        by the laws of such State to conduct investigations or to 
        administer oaths or affirmations or to compel the attendance of 
        witnesses or the production of documentary and other evidence.
            ``(4) Limitation on state action while federal action is 
        pending.--If the Attorney General has instituted a criminal 
        proceeding or the Federal Trade Commission has instituted a 
        civil action for a violation of this subtitle, no State may, 
        during the pendency of such proceeding or action, bring an 
        action under this section against any defendant named in the 
        criminal proceeding or civil action for any violation of this 
        subtitle that is alleged in that proceeding or action.''.

SEC. 8. ENHANCED DISCLOSURE OF PRIVACY POLICIES.

    (a) Timing of Notice to Consumers.--Section 503(a) of the Gramm-
Leach-Bliley Act (15 U.S.C. 6803(a)) is amended to read as follows:
    ``(a) Disclosure Required.--
            ``(1) Time of disclosure.--A financial institution shall 
        provide a disclosure that complies with paragraph (2)--
                    ``(A) to an individual upon the individual's 
                request;
                    ``(B) as part of an application for a financial 
                product or service from the financial institution; and
                    ``(C) to a consumer, prior to establishing a 
                customer relationship with the consumer and not less 
                frequently than annually during the continuation of 
                such relationship.
            ``(2) Disclosure format.--The disclosure required by 
        paragraph (1) shall be a clear and conspicuous notice, in 
        writing or in electronic form or other form permitted by the 
        regulations implementing this subtitle, of such financial 
        institution's policies and practices with respect to--
                    ``(A) disclosing nonpublic personal information to 
                affiliates and nonaffiliated third parties, consistent 
                with section 502, including the categories of 
                information that may be disclosed;
                    ``(B) disclosing nonpublic personal information of 
                persons who have ceased to be customers of the 
                financial institution; and
                    ``(C) protecting the nonpublic personal information 
                of consumers.
        Such disclosure shall be made in accordance with the 
        regulations implementing this subtitle.''.
    (b) Notice of Rights to Access and Correct Information.--Section 
503(b)(2) of the Gramm-Leach-Bliley Act (15 U.S.C. 6803(b)(2)) is 
amended by inserting ``, and a statement of the consumer's right to 
access and correct such information, consistent with section 512'' 
after ``institution''.
    (c) Technical and Conforming Amendment.--Section 503(b)(1)(A) of 
the Gramm-Leach-Bliley Act (15 U.S.C. 6803(b)(1)(A)) is amended by 
striking ``502(e)'' and inserting ``502(f)''.

SEC. 9. LIMIT ON DISCLOSURE OF ACCOUNT NUMBERS.

    Section 502 of the Gramm-Leach-Bliley Act (15 U.S.C. 6802) is 
amended in subsection (e) (as so redesignated by section 5) by 
inserting ``affiliate or'' before ``nonaffiliated third party''.

SEC. 10. GENERAL EXCEPTIONS.

    Section 502(f) of the Gramm-Leach-Bliley Act (15 U.S.C. 6802)) (as 
so redesignated by section 5 of this Act) is amended--
            (1) in the matter preceding paragraph (1), by striking 
        ``Subsections (a) and (b)'' and inserting ``Subsection (a)'';
            (2) in paragraph (1)--
                    (A) by striking ``or'' at the end of subparagraph 
                (B);
                    (B) by inserting ``or'' after the semicolon at the 
                end of subparagraph (C); and
                    (C) by inserting after subparagraph (C) the 
                following new subparagraph:
                    ``(D) performing services for or functions solely 
                on behalf of the financial institution with respect to 
                the financial institution's own customers, including 
                marketing of the financial institution's own products 
                or services to the financial institution's 
                customers;'';
            (3) in paragraph (4), by striking ``, and the institution's 
        attorneys, accountants, and auditors'';
            (4) in paragraph (5), by inserting ``section 21 of the 
        Federal Deposit Insurance Act,'' after ``title 31, United 
        States Code,'';
            (5) in paragraph (7), by striking ``or'' at the end;
            (6) in paragraph (8), by striking the period and inserting 
        a semicolon; and
            (7) by adding at the end the following new paragraphs:
            ``(9) in order to facilitate customer service, such as 
        maintenance and operation of consolidated customer call centers 
        or the use of consolidated customer account statements; or
            ``(10) to the institution's attorneys, accountants, and 
        auditors.''.

SEC. 11. DEFINITIONS.

    Section 509 of the Gramm-Leach-Bliley Act (15 U.S.C. 6809) is 
amended--
            (1) in paragraph (3)--
                    (A) by striking ``(3) Financial institution'' and 
                all that follows through ``The term `financial 
institution''' and inserting ``(3) Financial institution.--The term 
`financial institution'''; and
                    (B) by striking subparagraphs (B), (C), and (D);
            (2) by amending paragraph (4) to read as follows:
            ``(4) Nonpublic personal information.--The term `nonpublic 
        personal information' means--
                    ``(A) any personally identifiable information, 
                including a Social Security number--
                            ``(i) provided by a consumer to a financial 
                        institution, in an application or otherwise, to 
                        obtain a financial product or service from the 
                        financial institution;
                            ``(ii) resulting from any transaction 
                        between a financial institution and a consumer 
                        involving a financial product or service; or
                            ``(iii) obtained by the financial 
                        institution about a consumer in connection with 
                        providing a financial product or service to 
                        that consumer, other than publicly available 
                        information, as such term is defined by the 
                        regulations prescribed under section 504; and
                    ``(B) any list, description or other grouping of 
                one or more consumers of the financial institution and 
                publicly available information pertaining to them.''; 
                and
            (3) in paragraph (9), by inserting ``applies for or'' 
        before ``obtains''.

SEC. 12. ISSUANCE OF IMPLEMENTING REGULATIONS.

    (a) In General.--The Federal agencies specified in section 504(a) 
of the Gramm-Leach-Bliley Act (15 U.S.C. 6804(a)) shall prescribe 
regulations implementing the amendments to subtitle A of title V of the 
Gramm-Leach-Bliley Act made by this Act, and shall include such 
requirements determined to be appropriate to prevent their 
circumvention or evasion.
    (b) Coordination, Consistency, and Comparability.--The regulations 
issued under subsection (a) shall be issued in accordance with the 
requirements of section 504(a) of the Gramm-Leach-Bliley Act (15 U.S.C. 
6804(a)), except that the deadline in section 504(a)(3) shall not 
apply.

SEC. 13. FTC RULEMAKING AUTHORITY UNDER THE FAIR CREDIT REPORTING ACT.

    Section 621(e) of the Fair Credit Reporting Act (15 U.S.C. 
1681s(e)) is amended by adding at the end the following new paragraph:
            ``(3) Regulations.--The Federal Trade Commission shall 
        prescribe such regulations as necessary to carry out the 
        provisions of this title with respect to any persons identified 
        under paragraph (1) of subsection (a). Prior to prescribing 
        such regulations, the Federal Trade Commission shall consult 
        with the Federal banking agencies referred to in paragraph (1) 
        of this subsection in order to ensure, to the extent possible, 
        comparability and consistency with the regulations issued by 
        the Federal banking agencies under that paragraph.''.
                                 <all>