S. 810Senate109th Congress (2005-2007)In Committee

SAFE-ID Act

Introduced April 14, 2005

Legislative Activity

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SenateIntro Referral Latest Action

Read twice and referred to the Committee on the Judiciary.

April 14, 2005

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SenateIntro Referral

Introduced in Senate

April 14, 2005

SenateIntro Referral

Read twice and referred to the Committee on the Judiciary.

April 14, 2005

Floor Debate

15 members

What members said about S. 810 on the floor

5 Republicans10 Democrats
Orrin G. Hatch
Sen. Orrin G. HatchR-UT · Jul 18, 2006

Mr. President, I rise to speak in support of stem cell research. I plan to vote in favor of each of the three bills that we will be considering today. I call upon my colleagues to pass all three of…

John F. Kerry
Sen. John F. KerryD-MA · Jul 18, 2006

Mr. President, I want to begin by thanking the Senator from Iowa, Senator Harkin, for his long leadership on this and other issues of importance to research and to people with disabilities. For each…

Gordon H. Smith
Sen. Gordon H. SmithR-OR · Jul 18, 2006

I suggest the absence of a quorum. Mr. President, the majority yields 10 minutes to the Senator from Louisiana, and the Senator from Kansas will follow him. Mr. President, I yield 10 minutes to the…

Sam Brownback
Sen. Sam BrownbackR-KS · Jul 18, 2006

Mr. President, I ask the Chair to advise me when I have 2 minutes left. I want to start with a picture of Dennis Turner because this is a real-life case of Parkinson's disease. The prior speaker,…

David Vitter
Sen. David VitterR-LA · Jul 18, 2006

Mr. President, I rise to speak in opposition to H.R. 810, the Stem Cell Research Enhancement Act. First of all, I join with everyone in the Senate--in fact, everybody around the country--in saying…

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Hillary Rodham Clinton
Sen. Hillary Rodham ClintonD-NY · Jul 18, 2006

Mr. President, I welcome this vote on such an important piece of legislation, the Stem Cell Research Enhancement Act. As we have heard eloquently from my colleagues on both sides of the aisle, stem…

Tom Coburn
Sen. Tom CoburnR-OK · Jul 18, 2006

Mr. President, I have listened to a lot of debate today, and I have heard a lot of statements. Let me just go through a few. Cures are not around the corner; that is right. Embryonic stem cell groups…

Barbara A. Mikulski
Sen. Barbara A. MikulskiD-MD · Jul 18, 2006

Mr. President, thank you very much. And I thank the Senator from Iowa for his real leadership on this issue. This Stem Cell Research Enhancement Act debate is one of the most important debates the…

Thomas R. Carper
Sen. Thomas R. CarperD-DE · Jul 18, 2006

I thank my colleague for yielding. I am moved by the comments of Senator Lincoln, and I suspect we could go throughout the Senate Chamber from desk to desk, from Member to Member, and each of us…

Frank R. Lautenberg
Sen. Frank R. LautenbergD-NJ · Jul 18, 2006

Mr. President, I thank the Senator from Iowa. I ask I be notified when 4 minutes 30 seconds has passed. Mr. President, this is one of those debates that makes the American people scratch their heads…

Russell D. Feingold
Sen. Russell D. FeingoldD-WI · Jul 18, 2006

Mr. President, as we debate this important legislation regarding stem cell research, we are reminded of the millions of patients and families across America who await treatment and cures for our most…

Charles E. Schumer
Sen. Charles E. SchumerD-NY · Jul 18, 2006

Mr. President, I rise today in support of H.R. 810, the Stem Cell Research Enhancement Act. Any one of us who has met people who have petitioned us for this act has to be moved. I have looked into…

Blanche L. Lincoln
Sen. Blanche L. LincolnD-AR · Jul 18, 2006

I thank the Chair. I thank the Senator for yielding. I, too, Mr. President, come to the floor today with tremendous respect for the sensitivity of this very critical issue that we in the Senate and…

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Tom Harkin
Sen. Tom HarkinD-IA · Jul 18, 2006

Mr. President, I ask unanimous consent that the order for the quorum call be rescinded. Mr. President, I am awaiting the arrival shortly of Senator Lautenberg on our side, but in the meantime I thank…

Herb Kohl
Sen. Herb KohlD-WI · Jul 18, 2006

I thank the Senator. I rise today in support of H.R. 810, the Stem Cell Research Enhancement Act of 2005, which is a bill that will expand the number of stem cell lines that are eligible for…

Bill Text

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Introduced in SenateIssued April 14, 2005

II

109th CONGRESS

1st Session

S. 810

IN THE SENATE OF THE UNITED STATES

April 14, 2005

Mrs. Clinton introduced the following bill; which was read twice and referred to the Committee on the Judiciary

A BILL

To regulate the transmission of personally identifiable information to foreign affiliates and subcontractors

1.

Short title

This Act may be cited as the Safeguarding Americans From Exporting Identification Data Act or the SAFE-ID Act.

2.

Definitions

As used in this Act:

(1)

Business enterprise

The term business enterprise means—

(A)

any organization, association, or venture established to make a profit;

(B)

any health care business;

(C)

any private, nonprofit organization; or

(D)

any contractor, subcontractor, or potential subcontractor of an entity described in subparagraph (A), (B), or (C).

(2)

Health care business

The term health care business means any business enterprise or private, nonprofit organization that collects or retains personally identifiable information about consumers in relation to medical care, including—

(A)

hospitals;

(B)

health maintenance organizations;

(C)

medical partnerships;

(D)

emergency medical transportation companies;

(E)

medical transcription companies;

(F)

banks that collect or process medical billing information; and

(G)

subcontractors, or potential subcontractors, of the entities described in subparagraphs (A) through (F).

(3)

Personally identifiable information

The term personally identifiable information includes information such as—

(A)

name;

(B)

postal address;

(C)

financial information;

(D)

medical records;

(E)

date of birth;

(F)

phone number;

(G)

e-mail address;

(H)

social security number;

(I)

mother's maiden name;

(J)

password;

(K)

state identification information; and

(L)

driver's license number.

3.

Transmission of information

(a)

Prohibition

A business enterprise may not disclose personally identifiable information regarding a resident of the United States to any foreign branch, affiliate, subcontractor, or unaffiliated third party located in a foreign country unless—

(1)

the business enterprise provides the notice of privacy protections described in sections 502 and 503 of the Gramm-Leach-Bliley Act (15 U.S.C. 6802 and 6803) or required by the regulations promulgated pursuant to section 264(c) of the Health Insurance Portability and Accountability Act of 1996 (42 U.S.C. 1320d–2 note), as appropriate;

(2)

the business enterprise complies with the safeguards described in section 501(b) of the Gramm-Leach-Bliley Act (15 U.S.C. 6801(b)), as appropriate;

(3)

the consumer is given the opportunity, before the time that such information is initially disclosed, to object to the disclosure of such information to such foreign branch, affiliate, subcontractor, or unaffiliated third party; and

(4)

the consumer is given an explanation of how the consumer can exercise the nondisclosure option described in paragraph (3).

(b)

Health care businesses

A health care business may not terminate an existing relationship with a consumer of health care services to avoid the consumer from objecting to the disclosure under subsection (a)(3).

(c)

Effect on business relationship

(1)

Nondiscrimination

A business enterprise may not discriminate against or deny an otherwise qualified consumer a financial product or a health care service because the consumer has objected to the disclosure under subsection (a)(3).

(2)

Products and services

A business enterprise shall not be required to offer or provide a product or service through affiliated entities or jointly with nonaffiliated business enterprises.

(3)

Incentives and discounts

Nothing in this subsection is intended to prohibit a business enterprise from offering incentives or discounts to elicit a specific response to the notice required under subsection (a).

(d)

Liability

(1)

In general

A business enterprise that knowingly and directly transfers personally identifiable information to a foreign branch, affiliate, subcontractor, or unaffiliated third party shall be liable to any person suffering damages resulting from the improper storage, duplication, sharing, or other misuse of such information by the transferee.

(2)

Civil action

An injured party under paragraph (1) may sue in law or in equity in any court of competent jurisdiction to recover the damages sustained as a result of a violation of this section.

(e)

Rulemaking

The Chairman of the Federal Trade Commission shall promulgate regulations through which the Chairman may enforce the provisions of this section and impose a civil penalty for a violation of this section.

4.

Privacy for consumers of health services

The Secretary of Health and Human Services shall revise the regulations promulgated pursuant to section 264(c) of the Health Insurance Portability and Accountability Act of 1996 (42 U.S.C. 1320d–2 note) to require a covered entity (as defined by such regulations) that outsources protected health information (as defined by such regulations) outside the United States to include in such entity’s notice of privacy protections—

(1)

notification that the covered entity outsources protected health information to business associates (as defined by such regulations) for processing outside the United States;

(2)

a description of the privacy laws of the country to which the protected health information will be sent;

(3)

any additional risks and consequences to the privacy and security of protected health information that arise as a result of the processing of such information in a foreign country;

(4)

additional measures the covered entity is taking to protect the protected health information outsourced for processing outside the United States;

(5)

notification that the protected health information will not be outsourced outside the United States if the consumer objects; and

(6)

a certification that—

(A)

the covered entity has taken reasonable steps to identify the locations where protected health information is outsourced by such business associates;

(B)

attests to the privacy and security of the protected health information outsourced for processing outside the United States; and

(C)

states the reasons for the determination by the covered entity that the privacy and security of such information is maintained.

5.

Privacy for consumers of financial services

Section 503(b) of the Gramm-Leach-Bliley Act (15 U.S.C. 6803(b)) is amended—

(1)

in paragraph (3), by striking and after the semicolon;

(2)

in paragraph (4), by striking the period at the end and inserting ; and; and

(3)

by adding at the end the following:

(5)

if the financial institution outsources nonpublic personal information outside the United States—

(A)

information informing the consumer in simple language—

(i)

that the financial institution outsources nonpublic personal information to entities for processing outside the United States;

(ii)

of the privacy laws of the country to which nonpublic personal information will be sent;

(iii)

of any additional risks and consequences to the privacy and security of an individual’s nonpublic personal information that arise as a result of the processing of such information in a foreign country; and

(iv)

of the additional measures the financial institution is taking to protect the nonpublic personal information outsourced for processing outside the United States; and

(B)

a certification that—

(i)

the financial institution has taken reasonable steps to identify the locations where nonpublic personal information is outsourced by such entities;

(ii)

attests to the privacy and security of the nonpublic personal information outsourced for processing outside the United States; and

(iii)

states the reasons for the determination by the institution that the privacy and security of such information is maintained.

.

6.

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.