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Pending privacy legislation

March 19, 2007

This page provides a listing of relevant legislative proposals pending in Congress.

110th CONGRESS

BILL NUMBER SYNOPSIS
H.R. 297
NICS Improvement Act of 2007 - Amends the Brady Handgun Violence Prevention Act to require, among other things, the head of each federal agency that has records relating to persons for whom receipt of a firearm would violate federal or state law to provide that information to the Attorney General for inclusion in the National Instant Criminal Background Check System (NICS).
H.R. 258
Traffic Stops Along the Border Statistics Study Act of 2007 - Directs the Attorney General to: (1) conduct a nationwide study of stops for traffic violations by law enforcement officers; (2) perform an initial analysis of existing data, including complaints alleging and information concerning traffic stops motivated by race and other bias; and (3) gather specified data from a nationwide sample of jurisdictions.
S. 236
Federal Agency Data-Mining Reporting Act of 2007 - Requires the head of each federal department or agency that is engaged in any activity to use or develop data-mining to report to Congress on all such activities. Requires that such report be made available to the public, except for classified information.
H.R. 516
Federal Agency Data Privacy Protection Act - Sets forth requirements: (1) for the use of encryption for sensitive data maintained by the federal government; (2) relating to access by agency personnel to sensitive data; and (3) relating to government contractors and their employees involving sensitive data.
H.R. 220
Identity Theft Prevention Act of 2007 - Amends title II (Old Age, Survivors and Disability Insurance) of the Social Security Act and the Internal Revenue Code to prohibit using a Social Security account number except for specified Social Security and tax purposes. Prohibits the Social Security Administration from divulging the Social Security account number of an individual to any federal, state, or local government agency or instrumentality, or to any other individual. Amends the Privacy Act of 1974 to prohibit any federal, state, or local government agency or instrumentality from requesting an individual to disclose his Social Security account number on either a mandatory or a voluntary basis.
S. 238
Social Security Number Misuse Prevention Act - Amends the federal criminal code to prohibit the display, sale, or purchase of Social Security numbers without the affirmatively expressed consent of the individual, except in specified circumstances. Directs the Attorney General to study and report to Congress on all the uses of Social Security numbers permitted, required, authorized, or excepted under any federal law, including the impact of such uses on privacy and data security.
H.R. 948
Social Security Number Protection Act of 2007 - Amends title II (Old Age, Survivors and Disability Insurance) of the Social Security Act (SSA) to make it unlawful for any person to sell or purchase a Social Security number in a manner that violates a regulation promulgated by the Federal Trade Commission (FTC), except in certain circumstances.
S. 239
Notification of Risk to Personal Data Act of 2007 - Requires any federal agency or business entity engaged in interstate commerce that collects, uses, or disseminates personally identifiable information, following the discovery of a security breach, to notify (as specified): (1) any U.S. resident whose information may have been accessed or acquired; and (2) the owner or licensee of any such information. Exempts, among others, agencies from notification requirements for national security and law enforcement purposes and for security breaches that do not have a significant risk of resulting in harm.
S. 495
A bill to prevent and mitigate identity theft, to ensure privacy, to provide notice of security breaches, and to enhance criminal penalties, law enforcement assistance, and other protections against security breaches, fraudulent access, and misuse of personally identifiable information.
H.R. 936
Prevention of Fraudulent Access to Phone Records Act. Makes it unlawful to attempt to obtain, or cause to be disclosed to any person, customer proprietary network information (CPNI) relating to any other person by: (1) making a false or fraudulent statement to an officer, employee, or agent of a telecommunications carrier; or (2) providing any document or other information to such officer, employee, or agent that the presenter knows or should have known to be forged, lost, stolen, or otherwise fraudulently obtained, or to contain a false or fraudulent statement or representation. Prohibits also: (1) the solicitation of another person to fraudulently obtain such information; and (2) the sale or other disclosure of CPNI obtained under false pretenses. Provides for enforcement through the Federal Trade Commission (FTC).
s. 780
A bill to amend the Communications Act of 1934 to prohibit the unlawful acquisition and use of confidential customer proprietary network information. Prohibits individuals from, among other things, (1) acquiring or using the customer proprietary network information of another person without that person's consent, (2) misrepresenting that another person has consented to the acquisition or use of such other person's customer proprietary network information in order to acquire such information; (3) selling, or offering for sale, customer proprietary network information; or (4) requesting that another person unlawfully obtain customer proprietary network.
S. 92
Protecting Consumer Phone Records Act. Makes it unlawful to: (1) acquire or use customer proprietary network information without written consent; (2) represent that another person has consented in order to acquire such information; (3) obtain unauthorized access to certain systems or records in order to acquire such information; (4) sell or offer for sale such information; or (5) request that another person unlawfully obtain such information.
H.R. 1
Implementing the 9/11 Commission Recommendations Act of 2007 - Provides for implementation of recommendations of the National Commission on Terrorist Attacks Upon the United States (9/11 Commission).
S. 4
Improving America's Security by Implementing Unfinished Recommendations of the 9/11 Commission Act of 2007. Includes a Title regarding improving intelligence and information sharing within the federal government and with state, local, and tribal governments.
S. 328
A bill to ensure the implementation of the recommendations of the National Commission on Terrorist Attacks Upon the United States. Among other things, directs the Attorney General to report on specified areas of civil liberties and security and executive power, including government sharing of personal information. Amends 9/11 Commission Civil Liberties Board Act. Revises provisions concerning the Privacy and Civil Liberties Oversight Board. Provides for the designation of privacy and civil liberties officers.
H.R. 128
David Shick Honesty in Campus Justice Act - Amends the General Education Provisions Act to require an institution of postsecondary education to disclose to the alleged victim of any crime of violence or a nonforcible sex offense (or to a deceased victim's next of kin) the final results of any disciplinary proceeding conducted by such institution against a student who is the alleged perpetrator. (Current law states that such disclosure is not prohibited.)
H.R. 493
Genetic Information Nondiscrimination Act of 2007 - Amends the Employee Retirement Income Security Act of 1974 (ERISA) and the Public Health Service Act to expand the prohibition against discrimination by group health plans and health insurance issuers on the basis of genetic information or services. Prohibits: (1) enrollment and premium discrimination based on information about a request for or receipt of genetic services; and (2) requiring genetic testing. Extends medical privacy and confidentiality rules to the disclosure of genetic information.
s. 358
Genetic Information Nondiscrimination Act of 2007. Amends the Employee Retirement Income Security Act of 1974 (ERISA) and the Public Health Service Act to expand the prohibition against discrimination by group health plans and health insurance issuers on the basis of genetic information or services. Extends medical privacy and confidentiality rules to the disclosure of genetic information. Prohibits the collection and disclosure of genetic information, with certain exceptions.
H.R. 1117
To repeal title II of the REAL ID Act of 2005, to reinstitute section 7212 of the Intelligence Reform and Terrorism Prevention Act of 2004, which provides States additional regulatory flexibility and funding authorization to more rapidly produce tamper- and counterfeit-resistant driver's licenses and to protect privacy and civil liberties by providing interested stakeholders on a negotiated rulemaking with guidance to achieve improved 21st century licenses to improve national security.
S. 717
To repeal title II of the REAL ID Act of 2005, to restore section 7212 of the Intelligence Reform and Terrorism Prevention Act of 2004, which provides States additional regulatory flexibility and funding authorization to more rapidly produce tamper- and counterfeit-resistant driver's licenses, and to protect privacy and civil liberties by providing interested stakeholders on a negotiated rulemaking with guidance to achieve improved 21st century licenses to improve national security.
S. 332
Privacy Officer With Enhanced Rights Act of 2007 or the POWER Act of 2007 - Amends the Homeland Security Act of 2002 to authorize the privacy officer of the Department of Homeland Security (DHS) to, among other powers: have access to all records and other materials available to DHS relating to programs and operations for which the privacy officer has responsibilities; and make necessary or desirable investigations and reports on the administration of DHS programs and operations.
H.R. 1015
To require automobile dealers to disclose to consumers the presence of event data recorders, or "black boxes", on new automobiles, and to require manufacturers to provide the consumer with the option to enable and disable such devices on future automobiles.
S. Res. 22
Reaffirming the constitutional and statutory protections accorded sealed domestic mail.
H.R. 300
We the People Act. Prohibits the Supreme Court and each federal court from adjudicating any claim or relying on judicial decisions involving, among other things, the right of privacy.