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H.R.4187 / 114th Congress

Secure and Protect Americans' Data Act

Referred to the Subcommittee on Commerce, Manufacturing, and Trade.

Official summary

Version 00 · Introduced in House · Dec 8, 2015

Secure and Protect Americans' Data Act

This bill requires the Federal Trade Commission (FTC) to promulgate regulations requiring entities regulated by the FTC, common carriers, and nonprofit organizations to establish information security practices for the treatment and protection of personal information.

At least annually, such entities must evaluate their consumer privacy programs to make any appropriate adjustments for changing technologies, threats or vulnerabilities, or business arrangements.

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The bill sets forth special procedures for information brokers to: (1) submit security policies to the FTC, (2) provide for post-breach audits, and (3) establish procedures for individuals to review and correct inaccuracies in their personal information. In lieu of procedures that allow individuals to dispute information, an information broker may provide individuals a means of expressing a preference not to have their information used for marketing purposes.

The bill prohibits information brokers from obtaining or disclosing personal information by false pretenses.

Within 10 days following discovery of a security breach, entities must notify:

the FTC;

the Federal Bureau of Investigation;

the U.S. Secret Service;

for common carriers, the Federal Communications Commission (FCC); and

attorneys general of affected states. Within 30 days following a breach, entities must notify individuals who are U.S. citizens or residents whose personal information was, or is reasonably believed to have been, acquired or accessed by an unauthorized person, or used for an unauthorized purpose.

If an entity is required to notify more than 5,000 individuals, the entity must also notify major consumer reporting agencies. An entity must provide notices in print and broadcast media if the affected residents of a state exceed 5,000.

Notices must include information on affected individuals' entitlement to consumer credit reports or credit monitoring services.

The bill exempts entities from notification requirements if the data is unusable, unreadable, or indecipherable.

Entities complying with other federal laws that require substantially similar information security procedures or breach notifications are deemed to be in compliance with the FTC's procedures or the notification requirements of this Act.

Enforcement authority is provided to the FTC and states. States may obtain civil penalties for certain violations.

Read the summary on Congress.gov
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Who introduced it

Rep. Schakowsky, Janice D. [D-IL-9] · D–IL

Committees

  • Energy and Commerce Committee
8 cosponsorship records, including any withdrawals

Actions

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  1. Referred to the Subcommittee on Commerce, Manufacturing, and Trade.

  2. Referred to the House Committee on Energy and Commerce.

  3. Introduced in House

  4. Introduced in House

Bill text & related measures

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Related bills identified by Congress.gov

No related bills are listed in this snapshot. This does not establish whether the proposal has appeared in earlier Congresses.

Source last updated: Aug 12, 2025. Consult Congress.gov for the current record.

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Objective

Analyze H.R.4187 as objectively as possible. Explain its main provisions, who would be affected, possible benefits and harms, implementation, exceptions, and uncertainties. Present the strongest arguments for and against it, and identify evidence needed to assess its public impact.

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Fairness and public impact

Progressive lens

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Institutions and government scope

Conservative lens

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Individual rights and government power

Liberty lens

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