A bill to improve the safety and security of Members of Congress, immediate family members of Members of Congress, and congress...
Officially: “A bill to improve the safety and security of Members of Congress, immediate family members of Members of Congress, and congressional staff.” Read the full text
What it does
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1Protecting covered information in public records
This section would define terms and then set rules for protecting certain personal information of at-risk individuals connected to Congress, creating obligations for government agencies, data brokers, and other businesses, a legal remedy for violations, and rules for how the section is to be interpreted.
Definitions used throughout this section: 'Applicable legislative officers' means, for a Senator, the Sergeant at Arms and Doorkeeper of the Senate and the Secretary of the Senate acting jointly, and for a Member, Delegate, or Resident Commissioner of the House, the Sergeant at Arms of the House and the Chief Administrative Officer of the House acting jointly. 'At-risk individual' means a Member of Congress; the spouse, parent, sibling, or child of a Member of Congress; anyone a Member of Congress stands in loco parentis to; anyone else living in a Member of Congress's household; a Senate employee (paid through the Secretary of the Senate) identified by the Director of Senate Security as the target of an ongoing threat; or a House employee (paid through the Chief Administrative Officer of the House) identified by the Director of the Office of House Security as the target of an ongoing threat. 'Covered information' means a home address (including a primary or secondary residence); a home or personal mobile phone number; a personal email address; a Social Security number or driver's license number; a bank account or credit or debit card number; a license plate number or other unique identifier of a vehicle an at-risk individual owns, leases, or regularly uses; the identity of a child under 18 years old who belongs to an at-risk individual; information about a child's current or future school or day care attendance, including the school's or day care's name or address; information about school or day care schedules or the routes an at-risk individual takes to or from school or day care; information about the routes an at-risk individual takes to or from a job; and precise, non-anonymized geolocation data that can identify the location of an at-risk individual's device. 'Data broker' means a commercial entity that collects, assembles, or maintains personal information about people who are not its customers, clients, or employees, in order to sell that information or otherwise profit by giving third parties access to it. That term would NOT include a commercial entity engaged in: news-gathering, reporting, speaking, or similar activity meant to inform the public on matters of public interest or concern; providing 411 directory assistance or directory information (name, address, phone number) on behalf of a telecommunications carrier; using personal information only internally, sharing it with commonly owned or affiliated businesses, or selling or providing data for a transaction or service that the individual concerned requested or that concerns them; providing publicly available information through real-time or near-real-time health-or-safety alert services; a consumer reporting agency covered by the Fair Credit Reporting Act; a financial institution covered by the Gramm-Leach-Bliley Act; a HIPAA-covered entity under the HIPAA privacy regulations; or collecting and selling or licensing covered information only as an activity incidental to any of those excluded activities. 'Government agency' includes an Executive agency as defined in section 105 of title 5, United States Code, and any agency in the judicial branch or legislative branch. 'Immediate family member' means an at-risk individual who is the spouse, parent, sibling, or child of another at-risk individual, someone that other at-risk individual stands in loco parentis to, or someone living in that other at-risk individual's household. 'Member of Congress' means a Senator or a Member, Delegate, or Resident Commissioner of the House. 'Transfer' means to sell, license, trade, or exchange an at-risk individual's covered information for consideration.
Government agencies: An at-risk individual could file written notice of their at-risk status, for themselves and their immediate family members, with each government agency, including whatever information the applicable legislative officers determine is necessary for compliance, and could ask that agency to mark as private the covered information of themselves and their immediate family members. Government agencies would be barred from publicly posting or displaying publicly available content that includes an at-risk individual's covered information. Once a government agency receives a request to mark information private, it would have to remove the covered information of the at-risk individual, and of any immediate family member on whose behalf the request was made, from publicly available content within 72 hours of receiving the request. None of this would stop a government agency from giving a third party access to records containing an at-risk individual's covered information if that third party has a signed release from the at-risk individual or a court order, is subject to the requirements of title V of the Gramm-Leach-Bliley Act, or signs a confidentiality agreement with the government agency.
Delegation of authority: An at-risk individual could make any notice or request under this section directly, or through an agent they designate, and the notice or request would have to include the information needed to show compliance. On a Member of Congress's written request, the applicable legislative officers would be authorized to make any notice or request under this section on that Member's behalf, including whatever information the legislative officers determine is necessary for compliance; any such notice or request would be treated as if the Member made it personally and would satisfy the section's notice and request requirements. Instead of sending individual notices or requests, the applicable legislative officers could give government agencies, data brokers, persons, businesses, or associations a single list of Members of Congress and their immediate family members, with the compliance information the legislative officers determine necessary, and that list would count as satisfying the individual notice and request requirements for everyone on it.
Data brokers and other businesses: It would be unlawful for a data broker to knowingly sell, license, trade for consideration, or purchase an at-risk individual's covered information. No person, business, or association could publicly post or publicly display an at-risk individual's covered information on the internet once that at-risk individual, or an immediate family member acting on their behalf, has made a written request to that person, business, or association not to disclose it. That posting ban would not apply to covered information that is relevant to and displayed as part of a news story, commentary, editorial, or other speech on a matter of public concern; to covered information the at-risk individual voluntarily publishes on the internet after this Act is enacted; or to covered information received from a Federal government source, employee, or agent. After receiving such a written request, the person, business, or association would have to remove the covered information from the internet within 72 hours and keep it off any website or subsidiary website it controls. After receiving the same written request, the person, business, or association also could not transfer the at-risk individual's covered information to any other person, business, or association through any medium, except for a transfer of covered information that is relevant to and displayed as part of a news story, commentary, editorial, or other speech on a matter of public concern; a transfer of covered information the at-risk individual voluntarily published online after enactment; or a transfer made at the at-risk individual's own request or needed to carry out a request the at-risk individual made to that person, business, or association.
Redress: An at-risk individual whose covered information is made public because of a violation of this section could bring a lawsuit in any court of competent jurisdiction seeking injunctive or declaratory relief.
Rules of construction: Nothing in this section would be read to prohibit, restrain, or limit lawful press investigation or reporting on unlawful activity or misconduct allegedly committed by an at-risk individual; press reporting on an at-risk individual about matters of public concern; or disclosure of information otherwise required under federal law. Nothing in this section would impair access to the actions or statements a Member of Congress makes while carrying out the Member's public functions. Nothing in this section would limit publishing or transferring covered information with the at-risk individual's written consent. Nothing in this section would stop a data broker from sharing information with a federal, state, tribal, or local government, or any unit of one. This section is to be broadly construed in favor of protecting at-risk individuals' covered information.
Severability: If a court holds any provision of this section, or its application to a person or circumstance, to be unconstitutional, the rest of the section, and its application to other people or circumstances, would remain in effect.
Show official text
1. Protecting covered information in public records (a) Definitions In this section: (1) Applicable legislative officers The term applicable legislative officers means— (A) with respect to a Member of the Senate, the Sergeant at Arms and Doorkeeper of the Senate and the Secretary of the Senate, acting jointly; and (B) with respect to a Member of, or Delegate or Resident Commissioner to, the House of Representatives, the Sergeant at Arms of the House of Representatives and the Chief Administrative Officer of the House of Representatives, acting jointly. (2) At-risk individual The term at-risk individual means— (A) a Member of Congress; (B) any individual who is the spouse, parent, sibling, or child of an individual described in subparagraph (A); (C) any individual to whom an individual described in subparagraph (A) stands in loco parentis; (D) any other individual living in the household of an individual described in subparagraph (A); (E) any employee whose pay is disbursed by the Secretary of the Senate who is identified by the Director of Senate Security as the target of an ongoing threat; or (F) any employee whose pay is disbursed by the Chief Administrative Officer of the House of Representatives who is identified by the Director of the Office of House Security as the target of an ongoing threat. (3) Covered information The term covered information means— (A) a home address, including a primary residence or secondary residences; (B) a home or personal mobile telephone number; (C) a personal email address; (D) a social security number or driver’s license number; (E) a bank account or credit or debit card number; (F) a license plate number or other unique identifier of a vehicle owned, leased, or regularly used by an at-risk individual; (G) the identification of a child, who is under 18 years of age, of an at-risk individual; (H) information regarding current or future school or day care attendance, including the name or addresses of the school or day care; (I) information regarding schedules of school or day care attendance or routes taken to or from the school or day care by an at-risk individual; (J) information regarding routes taken to or from an employment location by an at-risk individual; or (K) precise geolocation data that is not anonymized and can identify the location of a device of an at-risk individual. (4) Data broker (A) In general The term data broker means a commercial entity engaged in collecting, assembling, or maintaining personal information concerning an individual who is not a customer, client, or an employee of that entity in order to sell the information or otherwise profit from providing third-party access to the information. (B) Exclusion The term data broker does not include a commercial entity engaged in the following activities: (i) Engaging in reporting, news-gathering, speaking, or other activities intended to inform the public on matters of public interest or public concern. (ii) Providing 411 directory assistance or directory information services, including name, address, and telephone number, on behalf of or as a function of a telecommunications carrier. (iii) Using personal information internally, providing access to businesses under common ownership or affiliated by corporate control, or selling or providing data for a transaction or service requested by or concerning the individual whose personal information is being transferred. (iv) Providing publicly available information via real-time or near-real-time alert services for health or safety purposes. (v) A consumer reporting agency subject to the Fair Credit Reporting Act ( 15 U.S.C. 1681 et seq. ). (vi) A financial institution subject to the Gramm-Leach-Bliley Act ( Public Law 106–102 ) and regulations implementing that Act. (vii) A covered entity for purposes of the privacy regulations promulgated under section 264(c) of the Health Insurance Portability and Accountability Act of 1996 ( 42 U.S.C. 1320d–2 note). (viii) The collection and sale or licensing of covered information incidental to conducting the activities described in clauses (i) through (vii). (5) Government agency The term Government agency includes— (A) an Executive agency, as defined in section 105 of title 5, United States Code; and (B) any agency in the judicial branch or legislative branch. (6) Immediate family member The term immediate family member means an at-risk individual— (A) who is the spouse, parent, sibling, or child of another at-risk individual; (B) to whom another at-risk individual stands in loco parentis; or (C) living in the household of another at-risk individual. (7) Member of Congress The term Member of Congress means— (A) a Member of the Senate; or (B) a Member of, or Delegate or Resident Commissioner to, the House of Representatives. (8) Transfer The term transfer means to sell, license, trade, or exchange for consideration the covered information of an at-risk individual. (b) Government agencies (1) In general Each at-risk individual may— (A) file written notice of the status of the individual as an at-risk individual, for themselves and their immediate family members, with each Government agency that includes information necessary to ensure compliance with this section, as determined by the applicable legislative officers; and (B) request that each Government agency described in subparagraph (A) mark as private their covered information and that of their immediate family members. (2) No public posting (A) In general Government agencies shall not publicly post or display publicly available content that includes covered information of an at-risk individual. (B) Deadline Upon receipt of a request by an at-risk individual under paragraph (1)(B), a Government agency shall remove the covered information of the at-risk individual, and any immediate family member on whose behalf the at-risk individual submitted the request, from publicly available content not later than 72 hours after such receipt. (3) Exceptions Nothing in this section shall prohibit a Government agency from providing access to records containing the covered information of an at-risk individual to a third party if the third party— (A) possesses a signed release from the at-risk individual or a court order; (B) is subject to the requirements of title V of the Gramm-Leach-Bliley Act ( 15 U.S.C. 6801 et seq. ); or (C) executes a confidentiality agreement with the Government agency. (c) Delegation of authority (1) In general An at-risk individual may directly, or through an agent designated by the at-risk individual, make any notice or request required or authorized by this section on behalf of the at-risk individual. The notice or request shall include information necessary to ensure compliance with this section. (2) Authorization of legislative officers to make requests (A) Legislative officers Upon written request of a Member of Congress, the applicable legislative officers are authorized to make any notice or request required or authorized by this section on behalf of the Member of Congress. The notice or request shall include information necessary to ensure compliance with this section, as determined by the applicable legislative officers. Any notice or request made under this paragraph shall be deemed to have been made by the Member of Congress and comply with the notice and request requirements of this section. (B) List In lieu of individual notices or requests, the applicable legislative officers may provide Government agencies, data brokers, persons, businesses, or associations with a list of Members of Congress and their immediate family members that includes information necessary to ensure compliance with this section, as determined by the applicable legislative officers for the purpose of maintaining compliance with this section. Such list shall be deemed to comply with individual notice and request requirements of this section. (d) Data brokers and other businesses (1) Prohibitions (A) Data brokers It shall be unlawful for a data broker to knowingly sell, license, trade for consideration, or purchase covered information of an at-risk individual. (B) Other businesses (i) In general Except as provided in clause (ii), no person, business, or association shall publicly post or publicly display on the internet covered information of an at-risk individual if the at-risk individual, or an immediate family member on behalf of the at-risk individual, has made a written request to that person, business, or association to not disclose the covered information of the at-risk individual. (ii) Exceptions Clause (i) shall not apply to— (I) the display on the internet of the covered information of an at-risk individual if the information is relevant to and displayed as part of a news story, commentary, editorial, or other speech on a matter of public concern; (II) covered information that the at-risk individual voluntarily publishes on the internet after the date of enactment of this Act; or (III) covered information received from a Federal Government source (or from an employee or agent of the Federal Government). (2) Required conduct (A) In general After receiving a written request under paragraph (1)(B)(i), the person, business, or association shall— (i) remove within 72 hours the covered information from the internet and ensure that the information is not made available on any website or subsidiary website controlled by that person, business, or association; and (ii) ensure that the covered information of the at-risk individual is not made available on any website or subsidiary website controlled by that person, business, or association. (B) Transfer (i) In general Except as provided in clause (ii), after receiving a written request under paragraph (1)(B)(i), the person, business, or association shall not transfer the covered information of the at-risk individual to any other person, business, or association through any medium. (ii) Exceptions Clause (i) shall not apply to— (I) the transfer of the covered information of the at-risk individual if the information is relevant to and displayed as part of a news story, commentary, editorial, or other speech on a matter of public concern; (II) covered information that the at-risk individual voluntarily publishes on the internet after the date of enactment of this Act; or (III) a transfer made at the request of the at-risk individual or that is necessary to effectuate a request to the person, business, or association from the at-risk individual. (e) Redress An at-risk individual whose covered information is made public as a result of a violation of this section may bring an action seeking injunctive or declaratory relief in any court of competent jurisdiction. (f) Rules of construction (1) In general Nothing in this section shall be construed— (A) to prohibit, restrain, or limit— (i) the lawful investigation or reporting by the press of any unlawful activity or misconduct alleged to have been committed by an at-risk individual; (ii) the reporting on an at-risk individual regarding matters of public concern; or (iii) the disclosure of information otherwise required under Federal law; (B) to impair access to the actions or statements of a Member of Congress in the course of carrying out the public functions of the Member of Congress; (C) to limit the publication or transfer of covered information with the written consent of the at-risk individual; or (D) to prohibit information sharing by a data broker to a Federal, State, Tribal, or local government, or any unit thereof. (2) Protection of covered information This section shall be broadly construed to favor the protection of the covered information of at-risk individuals. (g) Severability If any provision of this section, or the application of such provision to any person or circumstance, is held to be unconstitutional, the remaining provisions of this section, and the application of the provision to any other person or circumstance, shall not be affected.
Where it is
In the Senate.