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Legislation Roundup

This compilation contains three tables. The first is federal legislation critical to the overall payments industry; the second list tracks other federal legislation that may be of interest to The Green Sheet readers; the final table lists state legislation highly relevant to the industry. To notify us of additional legislation not included here please send an email to editor@greensheet.com.

Critical Federal Legislation
Bill Sponsor What it Says Status Full Text link
H.R. 3877 - The 1099K Overreach Prevention Act Rep. Aaron Schock [R-Ill.] This bill would "prohibit the Secretary of the Treasury from requiring that taxpayers reconcile amounts with respect to reportable payment transactions to amounts related to gross receipts and sales." Referred to House Ways and Means Committee http://thomas.loc.gov/cgi-bin/query/D?c112:1:./temp/~c112FQD3gD::
H.R. 1125: Debt Free America Act Rep. Chaka Fattah (D-Pa.) Would use transaction fees to eliminate national debt and income tax Referred to the House Ways and Means, House Budget, House Rules and House Appropriations Committees http://thomas.loc.gov/cgi-bin/query/z?c112:h1125:
S. 2030: A bill to provide protection for consumers who have prepaid cards, and for other purposes Sen. Robert Menéndez, D-N.J. Text not yet available Referred to the Senate Committee on Banking, Housing, and Urban Affairs. Not yet available
S. 799: Commercial Privacy Bill of Rights Act of 2011 Sen. John Kerry (D-Mass.) Would put Federal Trade Commission in charge of policing personal ID security regulations Referred to Senate Commerce, Science, and Transportation Committee http://thomas.loc.gov/cgi-bin/query/z?c112:s799:
H.R. 1174: Internet Gambling Regulation, Consumer Protection, and Enforcement Act Rep. John Campbell (R-Calif.) Licenses Internet gambling sites but forbids the use of credit cards to pay online poker debts Referred to House Financial Services, House Judiciary, and House Energy and Commerce Committees. Also in House Financial Services Subcommittee on Financial Institutions and Consumer Credit http://thomas.loc.gov/cgi-bin/query/z?c112:h1174:
S. 575: Debit Interchange Fee Study Act of 2011 Sen. Jon Tester (D-Mont.) Calls for a study of electronic debit card transactions Referred to Senate Banking, Housing and Urban Affairs http://thomas.loc.gov/cgi-bin/query/z?c112:s575:
H.R. 1707: Data Accountability and Trust Act Rep. Bobby Rush (D-Ill.) Sets security policies and procedures for protecting personal data and demands nationwide alerts when personal data has been stolen Referred to House Energy and Commerce Committee http://thomas.loc.gov/cgi-bin/query/z?c112:h1707:
H.R. 1841: To protect consumers by requiring reasonable security policies and procedures to protect computerized data containing personal information, and to provide for nationwide notice in the event of a security breach. Rep. Clifford Stearns (R-Fla.) Requires the Federal Trade Commission (FTC) to promulgate regulations requiring each person engaged in interstate commerce that owns or possesses electronic data containing personal information to establish security policies and procedures. Referred to House Subcommittee on Commerce, Manufacturing and Trade http://thomas.loc.gov/cgi-bin/query/F?c112:1:./temp/~c112L3kuz5:e998:#
S.300: Government Charge Card Abuse Prevention Act of 2011 Sen. Charles Grassley (R-Iowa) Creates safeguards and internal controls for government credit cards Passed Senate July 22, 2011. http://thomas.loc.gov/cgi-bin/query/z?c112:s300:
S. 890: Fighting Fraud to Protect Taxpayers Act of 2011 Sen. Patrick Leahy (D-Vt.) Among other things this bill amends Title 18 of the U.S. Code to strengthen penalties for password and personal identification theft and other forms of computer fraud. Referred to Senate Judiciary Committee May 5. Reported out of Senate Judiciary Committee May 19. June 30 reported out of the Judiciary Subcommittee on Administrative Oversight and the Courts. Scheduled for debate in Senate. http://thomas.loc.gov/cgi-bin/query/z?c112:s890:
S. 1419: A bill to prevent the use of stored value cards and other electronic fund access means as methods for currency smuggling or money laundering Sen. Amy Klobuchar [D-MN] A bill to prevent the use of stored value cards and other electronic fund access means as methods for currency smuggling or money laundering Referred to Senate Banking, Housing and Urban Affairs Committee http://thomas.loc.gov/cgi-bin/query/z?c112:s1419:
S. 1434: Data Security Act of 2011 Sen. Thomas Carper (D-Del) A bill to protect information relating to consumers, to require notice of security breaches, and for other purposes. Referred to Senate Committee on Banking, Housing and Urban Affairs http://thomas.loc.gov/cgi-bin/query/z?c112:s1434:
S. 1408: Data Breach Notification Act of 2011 Sen. Dianne Feinstein [D-Calif.] 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. Passed Senate Judiciary Committee Sept. 22, 2011. Scheduled for debate. http://thomas.loc.gov/cgi-bin/query/z?c112:s1408:
H.R. 3077: The Freedom and Mobility in Banking Act Rep. Brad Miller, D-N.C. To amend the Federal Deposit Insurance Act to ensure that customers have the right to immediately close any account at any insured depository institutions on demand, without cost to the consumer, that consumers receive any balance in their account immediately, and for other purposes. Referred to the House Committee on Financial Services http://thomas.loc.gov/cgi-bin/query/z?c112:h3077:#
H.R. 3190: To amend the Federal Deposit Insurance Act to prohibit insured depository institutions from charging consumers fees for the use of debit cards Rep. David Cicilline, D - R.I. To amend the Federal Deposit Insurance Act to prohibit insured depository institutions from charging consumers fees for the use of debit card Referred to the House Committee on Financial Services http://thomas.loc.gov/cgi-bin/query/z?c112:h3190:#
S. 1829: Empowering States' Rights To Protect Consumers Act Sen. Sheldon Whitehouse, D-R.I. Official text not yet available. This bill would reportedly give states the right to cap interest rates on credit cards. Referred to Senate Banking, Housing, and Urban Affairs committee Not yet available
H.R.4247 -- Cell Phone Theft Prevention Act of 2012 Rep. Eliot Engel [D-N.Y.] To amend the Communications Act of 1934 to prohibit mobile service providers from providing service on mobile electronic devices that have been reported stolen and to require such providers to give consumers the ability to remotely delete data from mobile electronic devices, and for other purposes. Referred to House Committee on Energy and Commerce http://thomas.loc.gov/cgi-bin/query/z?c112:H.R.4247:
S. 1535: Personal Data Protection and Breach Accountability Act of 2011 Sen. Richard Blumenthal [D-Conn.] To protect consumers by mitigating the vulnerability of personally identifiable information to theft through a security breach, providing notice and remedies to consumers in the wake of such a breach, holding companies accountable for preventable breaches, facilitating the sharing of post-breach technical information between companies, and enhancing criminal and civil penalties and other protections against the unauthorized collection or use of personally identifiable information. Passed Senate Judiciary Committee Sept. 12, 2011. Scheduled for debate. http://thomas.loc.gov/cgi-bin/query/z?c112:s1535:
H.R. 3156: The Consumer Debit Card Protection Act Rep. Jason Chaffetz, R-Utah and Rep. Bill Owens, D-N.Y. To repeal the debit card interchange price control provisions of the Dodd-Frank Wall Street Reform and Consumer Protection Act and restore balance to the electronic payments system, and for other purposes. Referred to House Financial Services Committee http://thomas.loc.gov/cgi-bin/query/z?c112:h3156:#
Other federal legislation of interest
Bill Sponsor What it Says Status Full Text link
H.R. 102: Photo Identification Security Act Rep. Marsha Blackburn (R-Tenn.) Specifies photo ID acceptable in transactions with federal government Referred to House Oversight and Government Reform, and House Financial Services Committee. Also in House Financial Services Subcommittee on Financial Institutions and Consumer Credit http://thomas.loc.gov/cgi-bin/query/z?c112:h102:
H.R. 653: Financial Information Privacy Act of 2011 Rep. Jackie Speier [D-Calif.) Amends the Gramm-Leachy Bililey Act to add additional privacy protection provisions for financial institutions. Referred to House Financial Services, and House Financial Services Subcommittee on Financial Institutions and Consumer Credit. http://thomas.loc.gov/cgi-bin/query/z?c112:h653:
H.R. 611: Best Practices Act Rep. Bobby Rush (D-Ill.) Would bring more transparency and decision making rights to consumers concerning commercial use of personal information. Referred to House Energy and Commerce Committee and House Energy and Commerce Subcommittee on Commerce, Manufacturing and Trade http://thomas.loc.gov/cgi-bin/query/z?c112:h611:
H.R. 1528: Consumer Privacy Protection Act of 2011 Rep. Clifford Stearns (R-Fla.) Proposes to protect and enhance consumer privacy Referred to House Energy and Commerce Committee http://thomas.loc.gov/cgi-bin/query/z?c112:h1528:
S. 257: Small Business Broadband and Emerging Information Technology Enhancement Act of 2011 Sen. Mary Landrieu (D-La.) Provides training for Small Business Administration employees so they can assist small businesses in the use of new technologies Referred to Senate Small Business and Entrepreneurship Committee http://thomas.loc.gov/cgi-bin/query/z?c112:s257:
H.R. 1137: Small Business Credit Card Act of 2011 Rep. Nita Lowey (D-NY) Amends Truth in Lending Act to cover credit cards issued to small businesses Referred to House Financial Services and House Financial Services Subcommittee on Financial Institutions and Consumer Credit http://thomas.loc.gov/cgi-bin/query/z?c112:h1137:
H.R. 1081: Consumers Payment System Protection Act Rep. Shelley Capito (R-W. Va.) Delays Dodd-Frank Wall Street Reform and Consumer Protection Act from taking effect Referred to House Financial Services and House Financial Services Subcommittee on Financial Institutions and Consumer Credit http://thomas.loc.gov/cgi-bin/query/z?c112:h1081:
S. 135: Permanent Internet Tax Freedom Act of 2011 Rep. John Ensign (R-Nev.) Amends the Internet Tax Freedom Act to permanently ban Internet taxation and multiple or discriminatory taxes on electronic commerce Referred Senate Finance Committee http://thomas.loc.gov/cgi-bin/query/z?c112:s135:
H. Res. 95: Supporting the preservation of Internet entrepreneurs and small businesses Rep. Daniel Lungren (R-Calif.) Urges congress not to pass any bills granting state governments the authority to put burdensome or unfair tax collecting requirements on small online businesses Referred to House Judiciary Committee. Also referred to House Judiciary Subcommittee on Intellectual Property, Competition and the Internet and the House Judiciary Subcommittee on Courts, Commercial and Administrative law http://thomas.loc.gov/cgi-bin/query/z?c112:h.res.95:
H.R. 96: Internet Freedom Act Rep. Marsha Blackburn (R-Tenn.) Prevents the Federal Communications Commission from proposing or making regulations for Internet or IP-enabled services Referred to House Energy and Commerce Committee and House Energy and Commerce Subcommittee on Communications and Technology http://thomas.loc.gov/cgi-bin/query/z?c112:h96:
H.R. 654: Do Not Track Me Online Act Rep. Jackie Speier (D-Calif.) Requires the Federal Trade Commission to regulate the collection of consumer data by private firms. Referred to House Energy and Commerce Committee and the House Energy and Commerce Subcommittee on Commerce, Manufacturing, and Trade http://www.govtrack.us/congress/billtext.xpd?bill=h112-654
H.R. 174: Homeland Security Cyber and Physical Infrastructure Protection Act of 2011 Rep. Bennie Thompson (D. Miss) Amends the Homeland Security Act of 2002 to establish an Office of Cybersecurity and Communications Referred to House Homeland Security Committee and the House Oversight and Government Reform Committee. Also, referred to the House Homeland Security Subcommittee on Cybersecurity, Infrastructure, Protection and Security Technologies http://thomas.loc.gov/cgi-bin/query/z?c112:h174:
S. 21: Cyber Security and American Cyber Competitiveness Act of 2011 Sen. Harry Reid (D-Nev.) A bill to secure the United States against cyber attack, to enhance American competitiveness and create jobs in the information technology industry, and to protect the identities and sensitive information of American citizens and businesses. Referred to Senate Homeland Security and Governmental Affairs Committee http://thomas.loc.gov/cgi-bin/query/z?c112:s21:
H.R. 174: Homeland Security Cyber and Physical Infrastructure Protection Act of 2011 Rep. Bennie Thompson (D-Miss.) A bill to enhance homeland security, including domestic preparedness and collective response to terrorism, by amending the Homeland Security Act of 2002 to establish the Cybersecurity Compliance Division and provide authorities to the Department of Homeland Security to enhance the security and resiliency of the Nation's cyber and physical infrastructure against terrorism and other cyber attacks, and for other purposes. Referred to House Homeland Security Committee, the House Homeland Security Subcommittee on Cybersecurity, Infrastructure Protection, and Security Technologies, and the House Oversight and Government Reform Committee http://thomas.loc.gov/cgi-bin/query/z?c112:h174:
S. 968: Preventing Real Online Threats to Economic Creativity and Theft of Intellectual Property Act of 2011 Sen. Patrick Leahy (D-Vt.) A bill to prevent online threats to economic creativity and theft of intellectual property Revised and reported out of Senate Judiciary June 22, 2011. Scheduled for floor debate June 26, 2011 http://www.govtrack.us/congress/billtext.xpd?bill=s112-968
H.R. 1389: Global Online Freedom Act of 2011 Rep. Christopher Smith (R-NJ) Promotes international freedom for information and ideas shared over the Internet and seeks international agreements to protect Internet freedom. Referred to House Foreign Affairs Committee and House Energy and Commerce Committee and the House Energy and Commerce Subcommittee on Communications and Technology. http://thomas.loc.gov/cgi-bin/query/z?c112:h1389:
S. 911: Spectrum Act Sen. John D. (Jay) Rockerfeller (D-W.Va.) This is a bill to establish the sense of Congress that Congress should enact, and the President should sign, bipartisan legislation to strengthen public safety and to enhance wireless communications. Referred to Senate Commerce, Science, and Transportation Committee http://thomas.loc.gov/cgi-bin/query/z?c112:s911:
S. 1152: A bill to advance cybersecurity research, development, and technical standards, and for other purposes Sen. Robert Menéndez [D-N.J.] Sets cybersecurity research and technical standards Referred to Senate Commerce, Science, and Transportation http://thomas.loc.gov/cgi-bin/query/z?c112:S.1152:
S. 1151: Personal Data Privacy and Security Act of 2011 Sen. Patrick Leahy [D-Vt] This bill would make it a crime to conceal data breaches and would provide federal legislation to supersede the different variations on data breach reporting requirements in 47 states. Passed Senate Judiciary Committee Sept. 22, 2011. Scheduled for debate. http://thomas.loc.gov/cgi-bin/query/z?c112:S.1151:
H.R.2168: Geolocational Privacy and Surveillance Act Rep. Jason Chaffetz, R - Utah Would regulate collection and use of GPS data and forbid the government from engaging in GPS tracking of U.S. citizens without a warrant. Referred to House Judiciary Committee and the House Intelligence Committee http://thomas.loc.gov/cgi-bin/query/z?c112:H.R.2168:
H.R.2577: SAFE Data Act Secure and Fortify Electronic Data Act Rep. Mary Bono Mack (R - Calif.) To protect consumers by requiring reasonable security policies and procedures to protect data containing personal information, and to provide for nationwide notice in the event of a security breach. Referred to House Committee on Energy and Commerce http://thomas.loc.gov/cgi-bin/query/z?c112:h2577:
S. 1207: A bill to protect consumers by requiring reasonable security policies and procedures to protect data containing personal information, and to provide for nationwide notice in the event of a breach Sen. Mark Pryor, D-Ariz. A bill to protect consumers by requiring reasonable security policies and procedures to protect data containing personal information, and to provide for nationwide notice in the event of a security breach. Referred to the Senate Commerce, Science and Transportation committee http://thomas.loc.gov/cgi-bin/query/z?c112:s1207:
H.R. 2366: Internet Gambling Prohibition, Poker Consumer Protection, and Strengthening UIGEA Act of 2011 Rep. Joe Barton, R-Texas To establish a program for State licensing of Internet poker, and for other purposes Referred to House Energy and Commerce Committee, House Financial Services Committee, and the House Judiciary Committee Text not available
State legislation of interest
Bill Sponsor What it Says Status Full Text link
Florida HB 375 Debit Cards Rep. Jeff Clemens, D-Lake Worth, Fla. Prohibits certain financial institutions from charging specified fees for use or holding of debit card by consumer; provides administrative penalties. Filed Oct. 17, 2011 http://www.myfloridahouse.gov/Sections/Documents/loaddoc.aspx?FileName=_h0375__.docx&DocumentType=Bill&BillNumber=0375&Session=2012
Maine SP 372 An Act to Prevent Credit Card Company Unfair Trade Practices Sen. Richard Rosen (R-Hancock) Regulates credit card companies by limiting restrictions credit card companies can put on merchants Designated 'Ought Not To Pass' by Committee on Insurance and Financial Services May 2 http://www.mainelegislature.org/legis/bills/bills_125th/billpdfs/SP037201.pdf
Massachusetts H01034 Steven H. Walsh (D-Lynn) Regulates credit card companies by limiting restrictions credit card companies can put on merchants Referred Joint Committee on Consumer Protection and Profession Licensure; Hearing held May 24, 2011 http://www.malegislature.gov/Bills/187/House/H01034
Minnesota HF1386: Unfair business practices prevented by credit and debit card companies SF1107 Minnesota Credit and Debit Card Fairness Act Rep. Kurt Bills (R-37B) Sen. John Sterling Howe (D-D28) Regulates credit card companies by limiting restrictions credit card companies can put on merchants HF1386 referred to House Commerce and Regulatory Reform Committee SF1107 referred to Senate Commerce and Consumer Protection Committee https://www.revisor.mn.gov/bin/bldbill.php?bill=H1386.0.html&session=ls87 https://www.revisor.mn.gov/bin/bldbill.php?bill=S1107.0.html&session=ls87
Oregon HB2926 SB965 HB 2926 sponsored by Rep. Paul Holvey (D-Eugene) SB965 sponsored by the Committee on General Government, Consumer and Small Business Protection Regulates credit card companies by limiting restrictions credit card companies can put on merchants HB 2926 referred to General Government and Consumer Protection Committee SB 965 referred to General Government, Consumer and Small Business Protection Committee http://www.leg.state.or.us/11reg/measpdf/hb2900.dir/hb2926.intro.pdf
Rhode Island H5467 SB 318 Rep. Donald J. Lally (D-Narragensett) Sen. Roger Picard (D-Wannsocket/Cumberland) Regulates credit card companies by limiting restrictions credit card companies can put on merchants H5467 referred to House Corporations Committee where the bill was held for further study; SB 318 referred to Senate Corporations Committee where the bill was held for further study http://www.rilin.state.ri.us/BillText/BillText11/HouseText11/H5467.pdf