Data Security and Breach Notification Act of 2013
Latest action. Read twice and referred to the Committee on Commerce, Science, and Transportation.
Data Security and Breach Notification Act of 2013 - Requires commercial entities that acquire, maintain, store, or utilize personal information (covered entities) to take reasonable measures to protect and secure data in electronic form containing personal information.
Directs a covered entity that owns or licenses such data to give notice of any breach of security that the entity reasonably believes has caused or will cause identity theft or other actual financial harm to each individual: (1) who is a U.S. citizen or resident; and (2) whose personal information was, or that the covered entity reasonably believes has been, accessed and acquired by an unauthorized person.
Requires a covered entity to notify the Secret Service or the Federal Bureau of Investigation (FBI) of a security breach of personal information involving more than 10,000 individuals.
Requires a third-party entity contracted to maintain, store, or process data containing personal information to notify the covered entity of a breach of security of a system. Requires a service provider to notify the covered entity if it becomes aware of a breach of security involving personal information owned or possessed by a covered entity and if such covered entity can be reasonably identified.
Allows delays of notifications to avoid interfering with a civil or criminal investigation or threatening national or homeland security.
Sets forth the methods for notification under this Act.
Preempts information security practices of the Communications Act of 1934 applicable to telecommunication carriers, satellite operators, and cable operators.
Sets forth the enforcement authority for the Federal Trade Commission (FTC) along with civil monetary penalties for violations of this Act.
Exempts certain financial institutions and entities subject to the Health Insurance Portability and Accountability Act of 1996 (HIPAA).
Written by analysts at the Congressional Research Service and published on Congress.gov, not by Civibrief. Summarized at the "Introduced in Senate" stage on June 20, 2013. It describes the bill, it is not the legal text.
Where is it in the process, and what happens next?
4 steps remain before this bill could become law.
The record's latest action, on June 20, 2013: Read twice and referred to the Committee on Commerce, Science, and Transportation.
- Clearing the committees it was referred to, and being scheduled for a floor vote
- Passage by the Senate
- Passage by the House
- The President's signature. If the President vetoes it, two-thirds of both chambers must vote to override.
How likely is it to become law?
Civibrief does not forecast outcomes and this page has no opinion about this one. What the record supports is a base rate, which is a fact about the whole pile, not a prediction about this measure.
In the 113th Congress (2013-14), 296 of the 9,091 bills and joint resolutions introduced became law, about 3.3 percent. That count covers every measure at every stage, including the many that never left committee.
This one is not there yet: 4 steps are still outstanding, listed above.
Has anyone actually voted on it?
No. No roll call in this Congress cites this measure. That is the ordinary outcome: most measures never reach a recorded floor vote, and a committee ends most of them simply by not acting.
A vote is not the only thing that happens to a measure. Hearings, markups, and referrals are all recorded actions, and none of them is a vote of the full chamber.
Who is behind it?
Patrick Toomey (R-PA) introduced it on June 20, 2013, and 7 members have since signed on as cosponsors.
They are 6 Republicans, 1 independent.
Cosponsoring is a formal signature on the text. It is not a commitment to vote for the measure, it does not bind anyone's party, and a long list of cosponsors is a measure of attention rather than of prospects.
How long has it been in play?
It was introduced on June 20, 2013, 4830 days ago. The most recent recorded action was 4830 days ago, on June 20, 2013.
Measures do not carry over. Anything the 113th Congress has not finished by January 3, 2015 dies when the term ends, and has to be introduced again from the start in the next Congress.
Every answer above is assembled from this measure's own record on Congress.gov and from published counts of what Congress has passed before. Civibrief does not predict outcomes and takes no position on any measure.
Vote history
- SenateIn committee, no floor vote yet
- HouseAwaits Senate passage
- PresidentAwaits both chambers