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H.R. 1770, Data Security and Breach Notification Act of 2015 1 (April 20, 2015)

handle is hein.congrec/cbo2217 and id is 1 raw text is: 



                  CONGRESSIONAL BUDGET OFFICE
                              COST ESTIMATE

                                                                    April 20, 2015


                                  H.R. 1770
             Data Security and Breach Notification Act of 2015

As ordered reported by the House Committee on Energy and Commerce on April 15, 2015


SUMMARY

H.R. 1770 would establish a new law to require businesses to take reasonable steps to
protect personal information they maintain in electronic form. Further, H.R. 1770 would
require those entities, in the event of a breach in their security systems, to notify individuals
whose personal information has been accessed and acquired as a result of the breach.
Forty-seven states have laws that govern data security; H.R. 1770 would pre-empt many of
those statutes. The bill would direct the Federal Trade Commission (FTC) to enforce the
rules and authorize the agency to collect civil penalties if those rules are violated.

CBO estimates that implementing H.R. 1770 would cost $1 million over the 2015-2020
period, assuming appropriation of the necessary amounts. In addition, CBO estimates that
enacting the bill would increase revenues by $9 million over the 2015-2025 period from
the collection of civil penalties; therefore pay-as-you-go procedures would apply. Enacting
H.R. 1770 would not affect direct spending.

H.R. 1770 contains intergovernmental mandates as defined in the Unfunded Mandates
Reform Act (UMRA), but CBO estimates that the cost of complying with the mandates
would be small and would not exceed the threshold established in UMRA ($77 million in
2015, adjusted annually for inflation).

H.R. 1770 would impose private-sector mandates as defined in UMRA on businesses and
non-profits that possess or manage sensitive personal information and on Internet service
providers (ISPs). Because most of those businesses already comply with similar
requirements in state laws, CBO estimates that the incremental cost to comply with the
mandates in the bill would probably fall below the annual threshold established in UMRA
for private-sector mandates ($154 million in 2015, adjusted annually for inflation).

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