Public Health Emergency Privacy Act
This bill imposes requirements on covered organizations concerning the privacy, confidentiality, and security of COVID-19 (i.e., coronavirus disease 2019) emergency health data, which is data that is linked to an individual or device, such as test results. Covered organizations include those that collect, use, or disclose such data electronically or that develop or operate websites or applications for contact tracing and other COVID-19 response activities.
Among other actions, covered organizations must provide notice of privacy and other policies, as well as ensure the accuracy of, prevent discrimination based on, and limit disclosure of the data. Covered organizations that collect data from at least 100,000 individuals must publicly report additional information about how they use and disclose the data. The bill also prohibits the use of emergency health data for commercial advertising or in ways that restrict access to opportunities, services, and other accommodations.
In addition, government entities and covered organizations shall not use emergency health data to infringe on the right to vote. The Department of Health and Human Services must report on the civil rights impact of the collection, use, and disclosure of health data.
The bill provides for enforcement by the Federal Trade Commission, states, and a private right of action and specifies that pre-dispute resolution mechanisms, such as arbitration, are unenforceable with respect to disputes arising under the bill.
[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6866 Introduced in House (IH)]
<DOC>
116th CONGRESS
2d Session
H. R. 6866
To protect the privacy of health information during a national health
emergency.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
May 14, 2020
Ms. Eshoo (for herself, Ms. Schakowsky, Ms. DelBene, Ms. Clarke of New
York, Mr. Butterfield, and Mr. Cardenas) introduced the following bill;
which was referred to the Committee on Energy and Commerce
_______________________________________________________________________
A BILL
To protect the privacy of health information during a national health
emergency.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Public Health Emergency Privacy
Act''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Affirmative express consent.--The term ``affirmative
express consent'' means an affirmative act by an individual
that--
(A) clearly and conspicuously communicates the
individual's authorization of an act or practice;
(B) is made in the absence of any mechanism in the
user interface that has the purpose or substantial
effect of obscuring, subverting, or impairing decision
making or choice to obtain consent; and
(C) cannot be inferred from inaction.
(2) Collect.--The term ``collect'', with respect to
emergency health data, means obtaining in any manner by a
covered organization.
(3) Commission.--The term ``Commission'' means the Federal
Trade Commission.
(4) Covered organization.--
(A) In general.--The term ``covered organization''
means any person (including a government entity)--
(i) that collects, uses, or discloses
emergency health data electronically or through
communication by wire or radio; or
(ii) that develops or operates a website,
web application, mobile application, mobile
operating system feature, or smart device
application for the purpose of tracking,
screening, monitoring, contact tracing, or
mitigation, or otherwise responding to the
COVID-19 public health emergency.
(B) Exclusions.--The term ``covered organization''
does not include--
(i) a health care provider;
(ii) a person engaged in a de minimis
collection or processing of emergency health
data;
(iii) a service provider;
(iv) a person acting in their individual or
household capacity; or
(v) a public health authority.
(5) Demographic data.--The term ``demographic data'' means
information relating to the actual or perceived race, color,
ethnicity, national origin, religion, sex, gender, gender
identity, sexual orientation, age, Tribal affiliation,
disability, domicile, employment status, familial status,
immigration status, or veteran status of an individual or group
of individuals.
(6) Device.--The term ``device'' means any electronic
equipment that is primarily designed for or marketed to
consumers.
(7) Disclosure.--The term ``disclosure'', with respect to
emergency health data, means the releasing, transferring,
selling, providing access to, licensing, or divulging in any
manner by a covered organization to a third party.
(8) Emergency health data.--The term ``emergency health
data'' means data linked or reasonably linkable to an
individual or device, including data inferred or derived about
the individual or device from other collected data provided
such data is still linked or reasonably linkable to the
individual or device, that concerns the public COVID-19 health
emergency. Such data includes--
(A) information that reveals the past, present, or
future physical or behavioral health or condition of,
or provision of healthcare to, an individual,
including--
(i) data derived from the testing or
examination of a body part or bodily substance,
or a request for such testing;
(ii) whether or not an individual has
contracted or been tested for, or an estimate
of the likelihood that a particular individual
may contract, such disease or disorder; and
(iii) genetic data, biological samples, and
biometrics; and
(B) other data collected in conjunction with other
emergency health data or for the purpose of tracking,
screening, monitoring, contact tracing, or mitigation,
or otherwise responding to the COVID-19 public health
emergency, including--
(i) geolocation data, when such term means
data capable of determining the past or present
precise physical location of an individual at a
specific point in time, taking account of
population densities, including cell-site
location information, triangulation data
derived from nearby wireless or radio frequency
networks, and global positioning system data;
(ii) proximity data, when such term means
information that identifies or estimates the
past or present physical proximity of one
individual or device to another, including
information derived from Bluetooth, audio
signatures, nearby wireless networks, and near-
field communications;
(iii) demographic data;
(iv) contact information for identifiable
individuals or a history of the individual's
contacts over a period of time, such as an
address book or call log; and
(v) any other data collected from a
personal device.
(9) Government entity.--The term ``government entity''
includes a Federal agency, a State, a local government, and
other organizations, as such terms are defined in section 3371
of title 5, United States Code.
(10) Health care provider.--The term ``health care
provider'' has the meaning given the term ``eligible health
care provider'' in title VIII of division B the CARES Act
(Public Law 116-136).
(11) HIPAA regulations.--The term ``HIPAA regulations''
means parts 160 and 164 of title 45, Code of Federal
Regulations.
(12) Public health authority.--The term ``public health
authority'' means an entity that is authorized by law to
collect or receive information for the purpose of preventing or
controlling disease, injury, or disability including, but not
limited to, the reporting of disease, injury, vital events such
as birth or death, and the conduct of public health
surveillance, public health investigations, and public health
interventions, and a person, such as a designated agency or
associate, acting under a grant of authority from, or under a
contract with, such public entity, including the employees or
agents of such entity or its contractors or persons or entities
to whom it has granted authority.
(13) COVID-19 public health emergency.--The term ``COVID-19
public health emergency'' means the outbreak and public health
response pertaining to Coronavirus Disease 2019 (COVID-19),
associated with the emergency declared by the Secretary on
January 31, 2020, under section 319 of the Public Health
Service Act (42 U.S.C. 247d), and any renewals thereof and any
subsequent declarations by the Secretary related to the
coronavirus.
(14) Secretary.--The term ``Secretary'' means the Secretary
of Health and Human Services.
(15) Service provider.--
(A) In general.--The term ``service provider''
means a person that collects, uses, or discloses
emergency health data for the sole purpose of, and only
to the extent that such entity is, conducting business
activities on behalf of, for the benefit of, under
instruction of, and under contractual agreement with a
covered organization.
(B) Limitation of application.--Such person shall
only be considered a service provider in the course of
activities described in subparagraph (A).
(C) Exclusions.--The term ``service provider''
excludes a person that develops or operates a website,
web application, mobile application, or smart device
application for the purpose of tracking, screening,
monitoring, contact tracing, or mitigation, or
otherwise responding to the COVID-19 public health
emergency.
(16) State.--The term ``State'' means each State of the
United States, the District of Columbia, each commonwealth,
territory, or possession of the United States, and each
federally recognized Indian Tribe.
(17) Third party.--
(A) In general.--The term ``third party'' means,
with respect to a covered organization--
(i) another person to whom such covered
organization disclosed emergency health data;
and
(ii) a corporate affiliate or a related
party of the covered organization that does not
have a direct relationship with an individual
with whom the emergency health data is linked
or is reasonably linkable.
(B) Exclusion.--The term ``third party'' excludes,
with respect to a covered organization--
(i) a service provider of such covered
organization; or
(ii) a public health authority.
(18) Use.--The term ``use'', with respect to emergency
health data, means the processing, employment, application,
utilization, examination, or analysis of such data by a covered
organization that maintains such data.
SEC. 3. PROTECTING THE PRIVACY AND SECURITY OF EMERGENCY HEALTH DATA.
(a) Right to Privacy.--A covered organization that collects
emergency health data shall--
(1) only collect, use, or disclose such data that is
necessary, proportionate, and limited for a good faith public
health purpose, including a service or feature to support such
a purpose;
(2) take reasonable measures, where possible, to ensure the
accuracy of emergency health data and provide an effective
mechanism for an individual to correct inaccurate information;
(3) adopt reasonable safeguards to prevent unlawful
discrimination on the basis of emergency health data; and
(4) only disclose such data to a government entity when the
disclosure--
(A) is to a public health authority; and
(B) is made in solely for good faith public health
purposes and in direct response to exigent
circumstances.
(b) Right to Security.--A covered organization or service provider
that collects, uses, or discloses emergency health data shall establish
and implement reasonable data security policies, practices, and
procedures to protect the security and confidentiality of emergency
health data.
(c) Prohibited Uses.--A covered organization shall not collect,
use, or disclose emergency health data for any purpose not authorized
under this section, including--
(1) commercial advertising, recommendation for e-commerce,
or the training of machine-learning algorithms related to, or
subsequently for use in, commercial advertising and e-commerce;
(2) soliciting, offering, selling, leasing, licensing,
renting, advertising, marketing, or otherwise commercially
contracting for employment, finance, credit, insurance,
housing, or education opportunities in a manner that
discriminates or otherwise makes opportunities unavailable on
the basis of emergency health data; and
(3) segregating, discriminating in, or otherwise making
unavailable the goods, services, facilities, privileges,
advantages, or accommodations of any place of public
accommodation (as such term is defined in section 301 of the
Americans With Disabilities Act of 1990 (42 U.S.C. 12181)),
except as authorized by a State or Federal Government entity
for a public health purpose notwithstanding subsection (g).
(d) Consent.--
(1) In general.--It shall be unlawful for a covered
organization to collect, use, or disclose emergency health
data, unless--
(A) the individual to whom the data pertains has
given affirmative express consent to such collection,
use, or disclosure;
(B) such collection, use, or disclosure is
necessary and for the sole purpose of--
(i) protecting against malicious,
deceptive, fraudulent, or illegal activity; or
(ii) detecting, responding to, or
preventing information security incidents or
threats; or
(C) the covered organization is compelled to do so
by a legal obligation.
(2) Revocation.--
(A) In general.--A covered organization shall
provide an effective mechanism for an individual to
revoke consent after it is given.
(B) Effect.--After an individual revokes consent,
the covered organization shall cease collecting, using,
or disclosing the individual's emergency health data as
soon as practicable, but in no case later than 15 days
after the receipt of the individual's revocation of
consent.
(C) Destruction.--Not later than 30 days after the
receipt of an individual's revocation of consent, a
covered organization shall destroy or render not
linkable that individuals emergency health data under
the same procedures in subsection (f).
(e) Notice.--A covered organization that collects, uses, or
discloses emergency health data shall provide to an individual a
privacy policy that--
(1) is disclosed in a clear and conspicuous manner, in the
language in which the individual typically interacts with the
covered organization, prior to or at the point of the
collection of emergency health data;
(2) describes how and for what purposes the covered
organization collects, uses, and discloses emergency health
data, including the categories of recipients to whom it
discloses data and the purpose of disclosure for each category;
(3) describes the covered organization's data retention and
data security policies and practices for emergency health data;
and
(4) describes how an individual may exercise the rights
under this Act and how to contact the Commission to file a
complaint.
(f) Public Reporting.--
(1) In general.--A covered organization that collects,
uses, or discloses emergency health data of at least 100,000
individuals shall, at least once every 90 days, issue a public
report--
(A) stating in aggregate terms the number of
individuals whose emergency health data the covered
organization collected, used, or disclosed to the
extent practicable; and
(B) describing the categories of emergency health
data collected, used, or disclosed, the purposes for
which each such category of emergency health data was
collected, used, or disclosed, and the categories of
third parties to whom it was disclosed.
(2) Rules of construction.--Nothing in this subsection
shall be construed to require a covered organization to--
(A) take an action that would convert data that is
not emergency health data into emergency health data;
(B) collect or maintain emergency health data that
the covered organization would otherwise not maintain;
or
(C) maintain emergency health data longer than the
covered organization would otherwise maintain such
data.
(g) Required Data Destruction.--
(1) In general.--A covered organization may not use or
maintain emergency health data of an individual after the later
of--
(A) the date that is 60 days after the termination
of the public health emergency declared by the
Secretary on January 31, 2020, pertaining to
Coronavirus Disease 2019 (COVID-19) under section 319
of Public Health Service Act (42 U.S.C. 247d) and any
renewals thereof;
(B) the date that is 60 days after the termination
of a public health emergency declared by a governor or
chief executive of a State pertaining to Coronavirus
Disease 2019 (COVID-19) in which the individual
resides; or
(C) 60 days after collection.
(2) Requirement.--For the requirements under paragraph (1),
data shall be destroyed or rendered not linkable in such a
manner that it is impossible or demonstrably impracticable to
identify any individual from the data.
(3) Relation to certain requirements.--The provisions of
this subsection shall not supersede any requirements or
authorizations under--
(A) the Privacy Act of 1974 (Public Law 93-79);
(B) the HIPAA regulations; or
(C) Federal or State medical records retention and
health privacy laws or regulations, or other applicable
Federal or State laws.
(h) Emergency Data Collected, Used, or Disclosed Before
Enactment.--
(1) Initiating a rulemaking.--Not later than 7 days after
the date of enactment of this Act, the Commission shall
initiate a public rulemaking to promulgate regulations to
ensure a covered organization that has collected, used, or
disclosed emergency health data before the date of enactment of
this Act is in compliance with this Act, to the degree
practicable.
(2) Completing a rulemaking.--The Commission shall complete
the rulemaking within 45 days after the date of enactment of
this Act.
(i) Non-Application to Manual Contact Tracing and Case
Investigation.--Nothing in this Act shall be construed to limit or
prohibit a public health authority from administering programs or
activities to identify individuals who have contracted, or may have
been exposed to, COVID-19 through interviews, outreach, case
investigation, and other recognized investigatory measures by a public
health authority or their designated agent by a public health authority
or their designated agent intended to monitor and mitigate the
transmission of a disease or disorder.
(j) Research and Development.--This section shall not be construed
to prohibit--
(1) public health or scientific research associated with
the COVID-19 public health emergency by--
(A) a public health authority;
(B) a nonprofit organization, as described in
section 501(c)(3) of the Internal Revenue Code of 1986;
or
(C) an institution of higher education, as such
term is defined in section 101 of the Higher Education
Act of 1965 (20 U.S.C. 1001); or
(2) research, development, manufacture, or distribution of
a drug, biological product, or vaccine that relates to a
disease or disorder that is associated or potentially
associated with a public health emergency.
(k) Legal Requirements.--Notwithstanding subsection (a)(5), nothing
in this Act shall be construed to prohibit a good faith response to, or
compliance with, otherwise valid subpoenas, court orders, or other
legal processes, or to prohibit storage or providing information as
otherwise required by law.
(l) Application to HIPAA Covered Entities.--
(1) In general.--This Act does not apply to a ``covered
entity'' or a person acting as a ``business associate'' under
the HIPAA regulations (to the extent that such entities or
associates are acting in such capacity) or any health care
provider.
(2) Guidance for consistency.--Not later than 30 days after
the date of enactment of this Act, the Secretary shall
promulgate guidance on the applicability of requirements,
similar to those in this section to ``covered entities'' and
persons acting as ``business associates'' under the HIPAA
regulations. In promulgating such guidance, the Secretary shall
reduce duplication of requirements and may exclude a
requirement of this section if such requirement is already a
requirement of the HIPAA regulations.
SEC. 4. PROTECTING THE RIGHT TO VOTE.
(a) In General.--A government entity may not, and a covered
organization may not knowingly facilitate, on the basis of an
individual's emergency health data, medical condition, or participation
or non-participation in a program to collect emergency health data--
(1) deny, restrict, or interfere with the right to vote in
a Federal, State, or local election;
(2) attempt to deny, restrict, or interfere with the right
to vote in a Federal, State, or local election; or
(3) retaliate against an individual for voting in a
Federal, State, or local election.
(b) Civil Action.--In the case of any violation of subsection (a),
an individual may bring a civil action to obtain appropriate relief
against a government entity in a Federal district court.
SEC. 5. REPORTS ON CIVIL RIGHTS IMPACTS.
(a) Report Required.--The Secretary, in consultation with the
United States Commission on Civil Rights and the Commission, shall
prepare and submit to Congress reports that examines the civil rights
impact of the collection, use, and disclosure of health information in
response to the COVID-19 public health emergency.
(b) Scope of Report.--Each report required under subsection (a)
shall, at a minimum--
(1) evaluate the impact of such practices on civil rights
and protections for individuals based on race, color,
ethnicity, national origin, religion, sex, gender, gender
identity, sexual orientation, age, Tribal affiliation,
disability, domicile, employment status, familial status,
immigration status, or veteran status;
(2) analyze the impact, risks, costs, legal considerations,
disparate impacts, and other implications to civil rights of
policies to incentivize or require the adoption of digital
tools or apps used for contact tracing, exposure notification,
or health monitoring; and
(3) include recommendations on preventing and addressing
undue or disparate impact, segregation, discrimination, or
infringements of civil rights in the collection and use of
health information, including during a national health
emergency.
(c) Timing.--
(1) Initial report.--The Secretary shall submit an initial
report under subsection (a) not sooner than 9 months, and not
later than 12 months after the date of enactment of this Act.
(2) Subsequent reports.--The Secretary shall submit reports
annually after the initial report required under paragraph (1)
until 1 year after the termination of any public health
emergency pertaining to Coronavirus Disease 2019 (COVID-19)
under section 319 of Public Health Service Act (42 U.S.C.
247d).
SEC. 6. ENFORCEMENT.
(a) Federal Trade Commission.--
(1) Unfair or deceptive acts or practices.--A violation of
this Act or a regulation promulgated under this Act shall be
treated as a violation of a rule defining an unfair or
deceptive act or practice under section 18(a)(1)(B) of the
Federal Trade Commission Act (15 U.S.C. 57a(a)(1)(B)) regarding
unfair or deceptive acts or practices.
(2) Powers of commission.--The Commission shall enforce
this Act and the regulations promulgated under this Act in the
same manner, by the same means, and with the same jurisdiction,
powers, and duties as though all applicable terms and
provisions of the Federal Trade Commission Act (15 U.S.C. 41 et
seq.) were incorporated into and made a part of this Act. Any
person who violates this Act or a regulation promulgated under
this Act shall be subject to the penalties and entitled to the
privileges and immunities provided in the Federal Trade
Commission Act. Provided, however, that, notwithstanding the
requirements of section 16(a) of the Federal Trade Commission
Act (15 U.S.C. 56(a)), the Commission shall have the exclusive
authority to commence or defend, and supervise the litigation
of, any action for a violation of this Act or a regulation
promulgated under this Act and any appeal of such action in its
own name by any of its attorneys designated by it for such
purpose, without first referring the matter to the Attorney
General.
(3) Rulemaking authority.--
(A) In general.--The Commission shall have
authority under section 553 of title 5, United States
Code, to promulgate any regulations necessary to
implement this Act.
(B) Consultation.--In promulgating any regulations
under this Act, the Commission shall consult with the
Secretary.
(4) Common carriers and nonprofit organizations.--
Notwithstanding section 4, 5(a)(2), or 6 of the Federal Trade
Commission Act (15 U.S.C. 44; 45(a)(2); 46) or any
jurisdictional limitation of the Commission, the Commission
shall also enforce this Act, in the same manner provided in
paragraphs (1) and (2) of this paragraph, with respect to--
(A) common carriers subject to the Acts to regulate
commerce, air carriers, and foreign air carriers
subject to part A of subtitle VII of title 49, and
persons, partnerships, or corporations insofar as they
are subject to the Packers and Stockyards Act, 1921 (7
U.S.C. 181 et seq.), except as provided in section
406(b) of such Act (7 U.S.C. 227(b)); and
(B) organizations not organized to carry on
business for their own profit or that of their members.
(b) Enforcement by States.--
(1) In general.--In any case in which the attorney general
of a State has reason to believe that an interest of the
residents of the State has been or is threatened or adversely
affected by the engagement of any person subject to this Act in
a practice that violates such subsection, the attorney general
of the State may, as parens patriae, bring a civil action on
behalf of the residents of the State in an appropriate district
court of the United States to obtain appropriate relief.
(2) Rights of the federal trade commission.--
(A) Notice to federal trade commission.--
(i) In general.--Except as provided in
clause (iii), the attorney general of a State
shall notify the Commission in writing that the
attorney general intends to bring a civil
action under paragraph (1) before initiating
the civil action against a person subject to
this Act.
(ii) Contents.--The notification required
by clause (i) with respect to a civil action
shall include a copy of the complaint to be
filed to initiate the civil action.
(iii) Exception.--If it is not feasible for
the attorney general of a State to provide the
notification required by clause (i) before
initiating a civil action under paragraph (1),
the attorney general shall notify the
Commission immediately upon instituting the
civil action.
(B) Intervention by the federal trade commission.--
The Commission may--
(i) intervene in any civil action brought
by the attorney general of a State under
paragraph (1); and
(ii) upon intervening--
(I) be heard on all matters arising
in the civil action; and
(II) file petitions for appeal of a
decision in the civil action.
(C) Investigatory powers.--Nothing in this
subsection may be construed to prevent the attorney
general of a State from exercising the powers conferred
on the attorney general by the laws of the State to
conduct investigations, to administer oaths or
affirmations, or to compel the attendance of witnesses
or the production of documentary or other evidence.
(3) Action by the federal trade commission.--If the
Commission institutes a civil action with respect to a
violation of this Act, the attorney general of a State may not,
during the pendency of such action, bring a civil action under
paragraph (1) of this subsection against any defendant named in
the complaint of the Commission for the violation with respect
to which the Commission instituted such action.
(4) Venue; service of process.--
(A) Venue.--Any action brought under paragraph (1)
may be brought in--
(i) the district court of the United States
that meets applicable requirements relating to
venue under section 1391 of title 28, United
States Code; or
(ii) another court of competent
jurisdiction.
(B) Service of process.--In an action brought under
paragraph (1), process may be served in any district in
which the defendant--
(i) is an inhabitant; or
(ii) may be found.
(C) Actions by other state officials.--
(i) In general.--In addition to civil
actions brought by attorneys general under
paragraph (1), any other officer of a State who
is authorized by the State to do so may bring a
civil action under paragraph (1), subject to
the same requirements and limitations that
apply under this subsection to civil actions
brought by attorneys general.
(ii) Savings provision.--Nothing in this
subsection may be construed to prohibit an
authorized official of a State from initiating
or continuing any proceeding in a court of the
State for a violation of any civil or criminal
law of the State.
(c) Private Right of Action.--
(1) Enforcement by individuals.--
(A) In general.--Any individual alleging a
violation of this Act may bring a civil action in any
court of competent jurisdiction, State or Federal.
(B) Relief.--In a civil action brought under
paragraph (1) in which the plaintiff prevails, the
court may award--
(i) an amount not less than $100 and not
greater than $1,000 per violation against any
person who negligently violates a provision of
this Act;
(ii) an amount not less than $500 and not
greater than $5,000 per violation against any
person who recklessly, willfully, or
intentionally violates a provision of this Act;
(iii) reasonable attorney's fees and
litigation costs; and
(iv) any other relief, including equitable
or declaratory relief, that the court
determines appropriate.
(C) Injury in fact.--A violation of this Act with
respect to the emergency health data of an individual
constitutes a concrete and particularized injury in
fact to that individual.
(2) Invalidity of pre-dispute arbitration agreements and
pre-dispute joint action waivers.--
(A) In general.--Notwithstanding any other
provision of law, no pre-dispute arbitration agreement
or pre-dispute joint action waiver shall be valid or
enforceable with respect to a dispute arising under
this Act.
(B) Applicability.--Any determination as to whether
or how this subsection applies to any dispute shall be
made by a court, rather than an arbitrator, without
regard to whether such agreement purports to delegate
such determination to an arbitrator.
(C) Definitions.--In this subsection:
(i) The term ``pre-dispute arbitration
agreement'' means any agreement to arbitrate a
dispute that has not arisen at the time of
making the agreement.
(ii) The term ``pre-dispute joint-action
waiver'' means an agreement, whether or not
part of a pre-dispute arbitration agreement,
that would prohibit, or waive the right of, one
of the parties to the agreement to participate
in a joint, class, or collective action in a
judicial, arbitral, administration, or other
forum, concerning a dispute that has not yet
arisen at the time of making the agreement.
(iii) The term ``dispute'' means any claim
related to an alleged violation of this Act and
between an individual and a covered
organization.
SEC. 7. NONPREEMPTION.
Nothing in this Act shall preempt or supersede, or be interpreted
to preempt or supersede, any Federal or State law or regulation, or
limit the authority of the Commission or the Secretary under any other
provision of law.
SEC. 8. EFFECTIVE DATE.
(a) In General.--This Act shall apply beginning on the date that is
30 days after the date of enactment of this Act.
(b) Authority To Promulgate Regulations and Take Certain Other
Actions.--Nothing in subsection (a) affects--
(1) the authority of any person to take an action expressly
required by a provision of this Act before the effective date
described in such subsection; or
(2) the authority of the Commission to promulgate
regulations to implement this Act or begin a rulemaking to
promulgate such regulations.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Energy and Commerce.
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