[Congressional Record (Bound Edition), Volume 157 (2011), Part 8]
[Senate]
[Pages 11805-11809]
[From the U.S. Government Publishing Office, www.gpo.gov]




          STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS

      By Mrs. FEINSTEIN:
  S. 1408. A bill to require Federal agencies, and persons engaged in 
interstate commerce, in possession of data containing sensitive 
personally identifiable information, to disclose any breach of such 
information; to the Committee on the Judiciary.
  Mrs. FEINSTEIN. Mr. President, I am very pleased to introduce today 
the Data Breach Notification Act of 2011.
  This bill would require that consumers be notified when their 
sensitive personally identifiable information has been exposed in a 
data breach and also that law enforcement receive notice of major 
breaches of data security.
  In 2003, California was the pioneer in requiring data breach 
notification. Forty-six States, the District of Columbia, Puerto Rico, 
and the Virgin Islands now have similar laws.
  Consumers in all states deserve to benefit from these protections; 
businesses should not be subject to 46 different and at times 
conflicting laws; and Federal law enforcement critically needs to 
receive information about major breaches occurring across the country.
  I have introduced data breach notification legislation in several 
prior Congresses. During the last Congress, that legislation, called 
the Data Breach Notification Act, S. 139, passed through the Judiciary 
Committee and was reported to the Senate floor. Unfortunately, the bill 
stalled there and went no further.
  President Obama included similar data breach notification provisions 
in his broad cybersecurity proposal, released just last month.
  The bill I am introducing today is identical to the bill I have 
introduced

[[Page 11806]]

in the past. This legislation is long overdue and should finally be 
enacted now, during this Congress.
  I have 3 points to make about this bill.
  First, this bill will protect consumers, who need to know when their 
sensitive data has been exposed so they can take measures to protect 
themselves.
  According to the Federal Trade Commission, between 8 and 10 million 
American consumers are victims of identity theft each year.
  In April of 2007, a Zogby survey found that an astonishing 91 percent 
of adult users of the Internet said they were concerned that their 
identities might be stolen.
  They have good reason to be concerned.
  According to the Privacy Rights Clearinghouse, over 500 million 
records containing sensitive personally identifiable information have 
been exposed in data breaches since 2005.
  Earlier this year, a giant security breach at Epsilon, an online 
marketing firm, exposed the personal information of millions of 
American consumers, along with information about stores where they had 
been customers. The breach raised serious concerns that data thieves 
would use this personal information to subject consumers to targeted, 
fraudulent e-mails, used to try to trick people into turning over even 
more personal information.
  Last year, data thieves acquired identity data on roughly 3.3 million 
student loan borrowers from the Educational Credit Management Corp.--a 
number that accounts for almost five percent of all Federal student 
loan recipients. The data included names, addresses, social security 
numbers, and other personal data, creating the opportunity for identity 
theft.
  In 2009, Federal officials indicted three men on charges of stealing 
data linked to more than 130 million credit cards by hacking into five 
major companies' computer systems. The companies were Heartland Payment 
Systems, 7-Eleven, the Hannaford Brothers supermarket chain, and two 
other companies not named in the indictment.
  The problem is getting worse, not better. Recently, one major breach 
hit Citibank, exposing information of more than 360,000 bankcard 
customers. Another massive data breach exposed information about more 
than 100 million Sony customers.
  Nor is the problem limited to businesses. In my home state of 
California, the state Department of Public Health was hit by its second 
major data breach in this year alone, affecting thousands of current 
and former state employees.
  It is long past time for Congress to pass a national breach 
notification standard to ensure that when consumers' information is at 
risk, they know it and can take the necessary steps to protect 
themselves.
  Second point: what works for consumers here also is a winning 
proposition for the business community.
  Under some estimates, the business community loses as much as 48 
billion dollars each year in fraudulent transactions involving stolen 
identities.
  Additionally, under the current legal framework, businesses must 
comply with 46 different State laws to determine what kind of notice is 
necessary when a breach occurs. As long as it is not watered down, one 
Federal standard makes much more sense than 46 different State laws. It 
would ensure consumers are notified about dangerous breaches and can 
protect themselves, while also giving companies one clear law to 
follow.
  Third and finally, this bill will help Federal law enforcement 
officials as they work to protect our cyber security.
  Jeffrey Troy, Deputy Assistant Director of the FBI's Cyber Division, 
urged businesses in 2009 to support Federal breach notification 
legislation. As he explained, Federal officials need to receive 
information about data breaches in order to link those attacks to 
others and potentially stop similar attacks at other organizations. 
``Connecting the dots'' is critical to this effort.
  We live in a new world today, where attacks come not only through 
traditional means but also through cyberspace with hackers breaking 
into our electrical grid or viruses like the Conficker worm making 
their way through private computers across the country. It is essential 
that we give the FBI and other law enforcement agencies the tools they 
need to identify and eliminate potential cyber-threats.
  The Federal Trade Commission, former President George W. Bush's 
Identity Theft Task Force, and the Business Software Alliance have all 
called for federal data breach notification legislation. The Data 
Breach Notification Act also has been supported by the Consumers Union 
and the Information Technology Association of America.
  This bill will protect consumers, cut costs for businesses, and give 
law enforcement officials additional resources they need.
  I urge my colleagues to support this important measure.
  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                S. 1408

       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 ``Data Breach Notification Act 
     of 2011''.

     SEC. 2. NOTICE TO INDIVIDUALS.

       (a) In General.--Any agency, or business entity engaged in 
     interstate commerce, that uses, accesses, transmits, stores, 
     disposes of or collects sensitive personally identifiable 
     information shall, following the discovery of a security 
     breach of such information notify any resident of the United 
     States whose sensitive personally identifiable information 
     has been, or is reasonably believed to have been, accessed, 
     or acquired.
       (b) Obligation of Owner or Licensee.--
       (1) Notice to owner or licensee.--Any agency, or business 
     entity engaged in interstate commerce, that uses, accesses, 
     transmits, stores, disposes of, or collects sensitive 
     personally identifiable information that the agency or 
     business entity does not own or license shall notify the 
     owner or licensee of the information following the discovery 
     of a security breach involving such information.
       (2) Notice by owner, licensee or other designated third 
     party.--Nothing in this Act shall prevent or abrogate an 
     agreement between an agency or business entity required to 
     give notice under this section and a designated third party, 
     including an owner or licensee of the sensitive personally 
     identifiable information subject to the security breach, to 
     provide the notifications required under subsection (a).
       (3) Business entity relieved from giving notice.--A 
     business entity obligated to give notice under subsection (a) 
     shall be relieved of such obligation if an owner or licensee 
     of the sensitive personally identifiable information subject 
     to the security breach, or other designated third party, 
     provides such notification.
       (c) Timeliness of Notification.--
       (1) In general.--All notifications required under this 
     section shall be made without unreasonable delay following 
     the discovery by the agency or business entity of a security 
     breach.
       (2) Reasonable delay.--Reasonable delay under this 
     subsection may include any time necessary to determine the 
     scope of the security breach, prevent further disclosures, 
     and restore the reasonable integrity of the data system and 
     provide notice to law enforcement when required.
       (3) Burden of proof.--The agency, business entity, owner, 
     or licensee required to provide notification under this 
     section shall have the burden of demonstrating that all 
     notifications were made as required under this Act, including 
     evidence demonstrating the reasons for any delay.
       (d) Delay of Notification Authorized for Law Enforcement 
     Purposes.--
       (1) In general.--If a Federal law enforcement agency 
     determines that the notification required under this section 
     would impede a criminal investigation, such notification 
     shall be delayed upon written notice from such Federal law 
     enforcement agency to the agency or business entity that 
     experienced the breach.
       (2) Extended delay of notification.--If the notification 
     required under subsection (a) is delayed pursuant to 
     paragraph (1), an agency or business entity shall give notice 
     30 days after the day such law enforcement delay was invoked 
     unless a Federal law enforcement agency provides written 
     notification that further delay is necessary.
       (3) Law enforcement immunity.--No cause of action shall lie 
     in any court against any law enforcement agency for acts 
     relating to the delay of notification for law enforcement 
     purposes under this Act.

     SEC. 3. EXEMPTIONS.

       (a) Exemption for National Security and Law Enforcement.--

[[Page 11807]]

       (1) In general.--Section 2 shall not apply to an agency or 
     business entity if the agency or business entity certifies, 
     in writing, that notification of the security breach as 
     required by section 2 reasonably could be expected to--
       (A) cause damage to the national security; or
       (B) hinder a law enforcement investigation or the ability 
     of the agency to conduct law enforcement investigations.
       (2) Limits on certifications.--An agency or business entity 
     may not execute a certification under paragraph (1) to--
       (A) conceal violations of law, inefficiency, or 
     administrative error;
       (B) prevent embarrassment to a business entity, 
     organization, or agency; or
       (C) restrain competition.
       (3) Notice.--In every case in which an agency or business 
     entity issues a certification under paragraph (1), the 
     certification, accompanied by a description of the factual 
     basis for the certification, shall be immediately provided to 
     the United States Secret Service.
       (4) Secret service review of certifications.--
       (A) In general.--The United States Secret Service may 
     review a certification provided by an agency under paragraph 
     (3), and shall review a certification provided by a business 
     entity under paragraph (3), to determine whether an exemption 
     under paragraph (1) is merited. Such review shall be 
     completed not later than 10 business days after the date of 
     receipt of the certification, except as provided in paragraph 
     (5)(C).
       (B) Notice.--Upon completing a review under subparagraph 
     (A) the United States Secret Service shall immediately notify 
     the agency or business entity, in writing, of its 
     determination of whether an exemption under paragraph (1) is 
     merited.
       (C) Exemption.--The exemption under paragraph (1) shall not 
     apply if the United States Secret Service determines under 
     this paragraph that the exemption is not merited.
       (5) Additional authority of the secret service.--
       (A) In general.--In determining under paragraph (4) whether 
     an exemption under paragraph (1) is merited, the United 
     States Secret Service may request additional information from 
     the agency or business entity regarding the basis for the 
     claimed exemption, if such additional information is 
     necessary to determine whether the exemption is merited.
       (B) Required compliance.--Any agency or business entity 
     that receives a request for additional information under 
     subparagraph (A) shall cooperate with any such request.
       (C) Timing.--If the United States Secret Service requests 
     additional information under subparagraph (A), the United 
     States Secret Service shall notify the agency or business 
     entity not later than 10 business days after the date of 
     receipt of the additional information whether an exemption 
     under paragraph (1) is merited.
       (b) Safe Harbor.--
       (1) In general.--An agency or business entity shall be 
     exempt from the notice requirements under section 2, if--
       (A) a risk assessment concludes that there is no 
     significant risk that a security breach has resulted in, or 
     will result in, harm to the individual whose sensitive 
     personally identifiable information was subject to the 
     security breach;
       (B) without unreasonable delay, but not later than 45 days 
     after the discovery of a security breach (unless extended by 
     the United States Secret Service), the agency or business 
     entity notifies the United States Secret Service, in writing, 
     of--
       (i) the results of the risk assessment; and
       (ii) its decision to invoke the risk assessment exemption; 
     and
       (C) the United States Secret Service does not indicate, in 
     writing, and not later than 10 business days after the date 
     of receipt of the decision described in subparagraph (B)(ii), 
     that notice should be given.
       (2) Presumptions.--There shall be a presumption that no 
     significant risk of harm to the individual whose sensitive 
     personally identifiable information was subject to a security 
     breach if such information--
       (A) was encrypted; or
       (B) was rendered indecipherable through the use of best 
     practices or methods, such as redaction, access controls, or 
     other such mechanisms, that are widely accepted as an 
     effective industry practice, or an effective industry 
     standard.
       (c) Financial Fraud Prevention Exemption.--
       (1) In general.--A business entity will be exempt from the 
     notice requirement under section 2 if the business entity 
     utilizes or participates in a security program that--
       (A) is designed to block the use of the sensitive 
     personally identifiable information to initiate unauthorized 
     financial transactions before they are charged to the account 
     of the individual; and
       (B) provides for notice to affected individuals after a 
     security breach that has resulted in fraud or unauthorized 
     transactions.
       (2) Limitation.--The exemption by this subsection does not 
     apply if--
       (A) the information subject to the security breach includes 
     sensitive personally identifiable information, other than a 
     credit card number or credit card security code, of any type; 
     or
       (B) the information subject to the security breach includes 
     both the individual's credit card number and the individual's 
     first and last name.

     SEC. 4. METHODS OF NOTICE.

       An agency, or business entity shall be in compliance with 
     section 2 if it provides both:
       (1) Individual notice.--
       (A) Written notification to the last known home mailing 
     address of the individual in the records of the agency or 
     business entity;
       (B) telephone notice to the individual personally; or
       (C) e-mail notice, if the individual has consented to 
     receive such notice and the notice is consistent with the 
     provisions permitting electronic transmission of notices 
     under section 101 of the Electronic Signatures in Global and 
     National Commerce Act (15 U.S.C. 7001).
       (2) Media notice.--Notice to major media outlets serving a 
     State or jurisdiction, if the number of residents of such 
     State whose sensitive personally identifiable information 
     was, or is reasonably believed to have been, acquired by an 
     unauthorized person exceeds 5,000.

     SEC. 5. CONTENT OF NOTIFICATION.

       (a) In General.--Regardless of the method by which notice 
     is provided to individuals under section 4, such notice shall 
     include, to the extent possible--
       (1) a description of the categories of sensitive personally 
     identifiable information that was, or is reasonably believed 
     to have been, acquired by an unauthorized person;
       (2) a toll-free number--
       (A) that the individual may use to contact the agency or 
     business entity, or the agent of the agency or business 
     entity; and
       (B) from which the individual may learn what types of 
     sensitive personally identifiable information the agency or 
     business entity maintained about that individual; and
       (3) the toll-free contact telephone numbers and addresses 
     for the major credit reporting agencies.
       (b) Additional Content.--Notwithstanding section 10, a 
     State may require that a notice under subsection (a) shall 
     also include information regarding victim protection 
     assistance provided for by that State.

     SEC. 6. COORDINATION OF NOTIFICATION WITH CREDIT REPORTING 
                   AGENCIES.

       If an agency or business entity is required to provide 
     notification to more than 5,000 individuals under section 
     2(a), the agency or business entity shall also notify all 
     consumer reporting agencies that compile and maintain files 
     on consumers on a nationwide basis (as defined in section 
     603(p) of the Fair Credit Reporting Act (15 U.S.C. 1681a(p)) 
     of the timing and distribution of the notices. Such notice 
     shall be given to the consumer credit reporting agencies 
     without unreasonable delay and, if it will not delay notice 
     to the affected individuals, prior to the distribution of 
     notices to the affected individuals.

     SEC. 7. NOTICE TO LAW ENFORCEMENT.

       (a) Secret Service.--Any business entity or agency shall 
     notify the United States Secret Service of the fact that a 
     security breach has occurred if--
       (1) the number of individuals whose sensitive personally 
     identifying information was, or is reasonably believed to 
     have been acquired by an unauthorized person exceeds 10,000;
       (2) the security breach involves a database, networked or 
     integrated databases, or other data system containing the 
     sensitive personally identifiable information of more than 
     1,000,000 individuals nationwide;
       (3) the security breach involves databases owned by the 
     Federal Government; or
       (4) the security breach involves primarily sensitive 
     personally identifiable information of individuals known to 
     the agency or business entity to be employees and contractors 
     of the Federal Government involved in national security or 
     law enforcement.
       (b) Notice to Other Law Enforcement Agencies.--The United 
     States Secret Service shall be responsible for notifying--
       (1) the Federal Bureau of Investigation, if the security 
     breach involves espionage, foreign counterintelligence, 
     information protected against unauthorized disclosure for 
     reasons of national defense or foreign relations, or 
     Restricted Data (as that term is defined in section 11y of 
     the Atomic Energy Act of 1954 (42 U.S.C. 2014(y)), except for 
     offenses affecting the duties of the United States Secret 
     Service under section 3056(a) of title 18, United States 
     Code;
       (2) the United States Postal Inspection Service, if the 
     security breach involves mail fraud; and
       (3) the attorney general of each State affected by the 
     security breach.
       (c) Timing of Notices.--The notices required under this 
     section shall be delivered as follows:
       (1) Notice under subsection (a) shall be delivered as 
     promptly as possible, but not later than 14 days after 
     discovery of the events requiring notice.
       (2) Notice under subsection (b) shall be delivered not 
     later than 14 days after the United States Secret Service 
     receives notice of a security breach from an agency or 
     business entity.

[[Page 11808]]



     SEC. 8. ENFORCEMENT.

       (a) Civil Actions by the Attorney General.--The Attorney 
     General may bring a civil action in the appropriate United 
     States district court against any business entity that 
     engages in conduct constituting a violation of this Act and, 
     upon proof of such conduct by a preponderance of the 
     evidence, such business entity shall be subject to a civil 
     penalty of not more than $1,000 per day per individual whose 
     sensitive personally identifiable information was, or is 
     reasonably believed to have been, accessed or acquired by an 
     unauthorized person, up to a maximum of $1,000,000 per 
     violation, unless such conduct is found to be willful or 
     intentional.
       (b) Injunctive Actions by the Attorney General.--
       (1) In general.--If it appears that a business entity has 
     engaged, or is engaged, in any act or practice constituting a 
     violation of this Act, the Attorney General may petition an 
     appropriate district court of the United States for an 
     order--
       (A) enjoining such act or practice; or
       (B) enforcing compliance with this Act.
       (2) Issuance of order.--A court may issue an order under 
     paragraph (1), if the court finds that the conduct in 
     question constitutes a violation of this Act.
       (c) Other Rights and Remedies.--The rights and remedies 
     available under this Act are cumulative and shall not affect 
     any other rights and remedies available under law.
       (d) Fraud Alert.--Section 605A(b)(1) of the Fair Credit 
     Reporting Act (15 U.S.C. 1681c- 1(b)(1)) is amended by 
     inserting ``, or evidence that the consumer has received 
     notice that the consumer's financial information has or may 
     have been compromised,'' after ``identity theft report''.

     SEC. 9. ENFORCEMENT BY STATE ATTORNEYS GENERAL.

       (a) In General.--
       (1) Civil actions.--In any case in which the attorney 
     general of a State or any State or local law enforcement 
     agency authorized by the State attorney general or by State 
     statute to prosecute violations of consumer protection law, 
     has reason to believe that an interest of the residents of 
     that State has been or is threatened or adversely affected by 
     the engagement of a business entity in a practice that is 
     prohibited under this Act, the State or the State or local 
     law enforcement agency on behalf of the residents of the 
     agency's jurisdiction, may bring a civil action on behalf of 
     the residents of the State or jurisdiction in a district 
     court of the United States of appropriate jurisdiction or any 
     other court of competent jurisdiction, including a State 
     court, to--
       (A) enjoin that practice;
       (B) enforce compliance with this Act; or
       (C) obtain civil penalties of not more than $1,000 per day 
     per individual whose sensitive personally identifiable 
     information was, or is reasonably believed to have been, 
     accessed or acquired by an unauthorized person, up to a 
     maximum of $1,000,000 per violation, unless such conduct is 
     found to be willful or intentional.
       (2) Notice.--
       (A) In general.--Before filing an action under paragraph 
     (1), the attorney general of the State involved shall provide 
     to the Attorney General of the United States--
       (i) written notice of the action; and
       (ii) a copy of the complaint for the action.
       (B) Exemption.--
       (i) In general.--Subparagraph (A) shall not apply with 
     respect to the filing of an action by an attorney general of 
     a State under this Act, if the State attorney general 
     determines that it is not feasible to provide the notice 
     described in such subparagraph before the filing of the 
     action.
       (ii) Notification.--In an action described in clause (i), 
     the attorney general of a State shall provide notice and a 
     copy of the complaint to the Attorney General at the time the 
     State attorney general files the action.
       (b) Federal Proceedings.--Upon receiving notice under 
     subsection (a)(2), the Attorney General shall have the right 
     to--
       (1) move to stay the action, pending the final disposition 
     of a pending Federal proceeding or action;
       (2) initiate an action in the appropriate United States 
     district court under section 8 and move to consolidate all 
     pending actions, including State actions, in such court;
       (3) intervene in an action brought under subsection (a)(2); 
     and
       (4) file petitions for appeal.
       (c) Pending Proceedings.--If the Attorney General has 
     instituted a proceeding or action for a violation of this Act 
     or any regulations thereunder, no attorney general of a State 
     may, during the pendency of such proceeding or action, bring 
     an action under this Act against any defendant named in such 
     criminal proceeding or civil action for any violation that is 
     alleged in that proceeding or action.
       (d) Rule of Construction.--For purposes of bringing any 
     civil action under subsection (a), nothing in this Act 
     regarding notification shall be construed to prevent an 
     attorney general of a State from exercising the powers 
     conferred on such attorney general by the laws of that State 
     to--
       (1) conduct investigations;
       (2) administer oaths or affirmations; or
       (3) compel the attendance of witnesses or the production of 
     documentary and other evidence.
       (e) Venue; Service of Process.--
       (1) Venue.--Any action brought under subsection (a) may be 
     brought in--
       (A) the district court of the United States that meets 
     applicable requirements relating to venue under section 1391 
     of title 28, United States Code; or
       (B) another court of competent jurisdiction.
       (2) Service of process.--In an action brought under 
     subsection (a), process may be served in any district in 
     which the defendant--
       (A) is an inhabitant; or
       (B) may be found.
       (f) No Private Cause of Action.--Nothing in this Act 
     establishes a private cause of action against a business 
     entity for violation of any provision of this Act.

     SEC. 10. EFFECT ON FEDERAL AND STATE LAW.

       The provisions of this Act shall supersede any other 
     provision of Federal law or any provision of law of any State 
     relating to notification by a business entity engaged in 
     interstate commerce or an agency of a security breach, except 
     as provided in section 5(b).

     SEC. 11. AUTHORIZATION OF APPROPRIATIONS.

       There are authorized to be appropriated such sums as may be 
     necessary to cover the costs incurred by the United States 
     Secret Service to carry out investigations and risk 
     assessments of security breaches as required under this Act.

     SEC. 12. REPORTING ON RISK ASSESSMENT EXEMPTIONS.

       (a) In General.--The United States Secret Service shall 
     report to Congress not later than 18 months after the date of 
     enactment of this Act, and upon the request by Congress 
     thereafter, on--
       (1) the number and nature of the security breaches 
     described in the notices filed by those business entities 
     invoking the risk assessment exemption under section 3(b) of 
     this Act and the response of the United States Secret Service 
     to such notices; and
       (2) the number and nature of security breaches subject to 
     the national security and law enforcement exemptions under 
     section 3(a) of this Act.
       (b) Report.--Any report submitted under subsection (a) 
     shall not disclose the contents of any risk assessment 
     provided to the United States Secret Service under this Act.

     SEC. 13. DEFINITIONS.

       In this Act, the following definitions shall apply:
       (1) Agency.--The term ``agency'' has the same meaning given 
     such term in section 551 of title 5, United States Code.
       (2) Affiliate.--The term ``affiliate'' means persons 
     related by common ownership or by corporate control.
       (3) Business entity.--The term ``business entity'' means 
     any organization, corporation, trust, partnership, sole 
     proprietorship, unincorporated association, venture 
     established to make a profit, or nonprofit, and any 
     contractor, subcontractor, affiliate, or licensee thereof 
     engaged in interstate commerce.
       (4) Encrypted.--The term ``encrypted''--
       (A) means the protection of data in electronic form, in 
     storage or in transit, using an encryption technology that 
     has been adopted by an established standards setting body 
     which renders such data indecipherable in the absence of 
     associated cryptographic keys necessary to enable decryption 
     of such data; and
       (B) includes appropriate management and safeguards of such 
     cryptographic keys so as to protect the integrity of the 
     encryption.
       (5) Personally identifiable information.--The term 
     ``personally identifiable information'' means any 
     information, or compilation of information, in electronic or 
     digital form serving as a means of identification, as defined 
     by section 1028(d)(7) of title 18, United State Code.
       (6) Security breach.--
       (A) In general.--The term ``security breach'' means 
     compromise of the security, confidentiality, or integrity of 
     computerized data through misrepresentation or actions that 
     result in, or there is a reasonable basis to conclude has 
     resulted in, acquisition of or access to sensitive personally 
     identifiable information that is unauthorized or in excess of 
     authorization.
       (B) Exclusion.--The term ``security breach'' does not 
     include--
       (i) a good faith acquisition of sensitive personally 
     identifiable information by a business entity or agency, or 
     an employee or agent of a business entity or agency, if the 
     sensitive personally identifiable information is not subject 
     to further unauthorized disclosure; or
       (ii) the release of a public record not otherwise subject 
     to confidentiality or nondisclosure requirements.
       (7) Sensitive personally identifiable information.--The 
     term ``sensitive personally identifiable information'' means 
     any information or compilation of information, in electronic 
     or digital form that includes--
       (A) an individual's first and last name or first initial 
     and last name in combination with any 1 of the following data 
     elements:
       (i) A non-truncated social security number, driver's 
     license number, passport number, or alien registration 
     number.

[[Page 11809]]

       (ii) Any 2 of the following:

       (I) Home address or telephone number.
       (II) Mother's maiden name, if identified as such.
       (III) Month, day, and year of birth.

       (iii) Unique biometric data such as a finger print, voice 
     print, a retina or iris image, or any other unique physical 
     representation.
       (iv) A unique account identifier, electronic identification 
     number, user name, or routing code in combination with any 
     associated security code, access code, or password that is 
     required for an individual to obtain money, goods, services 
     or any other thing of value; or
       (B) a financial account number or credit or debit card 
     number in combination with any security code, access code or 
     password that is required for an individual to obtain credit, 
     withdraw funds, or engage in a financial transaction.

     SEC. 14. EFFECTIVE DATE.

       This Act shall take effect on the expiration of the date 
     which is 90 days after the date of enactment of this Act.

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