[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 2676 Introduced in Senate (IS)]

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118th CONGRESS
  1st Session
                                S. 2676

To require executive agencies and Federal courts to comply with address 
           confidentiality programs, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             July 27, 2023

 Ms. Klobuchar (for herself and Mrs. Capito) introduced the following 
    bill; which was read twice and referred to the Committee on the 
                               Judiciary

_______________________________________________________________________

                                 A BILL


 
To require executive agencies and Federal courts to comply with address 
           confidentiality programs, and for other purposes.

    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 ``Safe at Home Act''.

SEC. 2. EXECUTIVE AGENCY AND FEDERAL COURT COMPLIANCE WITH STATE 
              ADDRESS CONFIDENTIALITY PROGRAMS.

    (a) Definitions.--In this section:
            (1) Address confidentiality program.--The term ``address 
        confidentiality program'' means a program implemented pursuant 
        to State law that--
                    (A) provides a designated address;
                    (B) provides a mail-forwarding service; and
                    (C) is designated by a participant as the legal 
                agent of the participant to receive service of process.
            (2) Designated address.--The term ``designated address'' 
        means an address assigned by an address confidentiality program 
        for a participant to use in lieu of the physical address of the 
        participant.
            (3) Executive agency.--
                    (A) In general.--The term ``executive agency'' has 
                the meaning given the term ``Executive agency'' in 
                section 105 of title 5, United States Code.
                    (B) Exception.--The term ``executive agency'' does 
                not include the Census Bureau.
            (4) Participant.--The term ``participant'' means an adult 
        or minor who is enrolled in an address confidentiality program.
            (5) Physical address.--The term ``physical address'' means 
        the actual home, school, or employment address of a 
        participant.
            (6) State.--The term ``State'' means each of the States, 
        the District of Columbia, each territory or possession of the 
        United States, and each federally recognized Indian Tribe.
    (b) Acceptance of Address Confidentiality Program.--Each executive 
agency and Federal court shall accept, for any purpose for which an 
individual is required to provide an address to the agency or court, an 
address designated to that individual pursuant to an address 
confidentiality program.
    (c) Exemption From Liability.--A participant shall not be subject 
to Federal regulatory, civil, or criminal penalties for providing a 
designated address in lieu of the physical address of the participant 
to an executive agency or Federal court.
    (d) Regulatory Compliance With Address Confidentiality Programs.--
Not later than 1 year after the date of enactment of this Act, each 
executive agency shall review and, as necessary, modify existing 
regulations to comply with this Act.
    (e) Compliance With Address Confidentiality Program Procedures and 
Exemption From FOIA.--
            (1) In general.--Subject to paragraphs (3) and (4), in the 
        case of an executive agency or Federal court seeking to acquire 
        the physical address of a participant, the agency or court 
        shall comply with any applicable procedures of the applicable 
        address confidentiality program for acquiring such address.
            (2) FOIA exemption.--Upon acquiring a physical address 
        under paragraph (1), the physical address--
                    (A) shall be considered confidential; and
                    (B) shall be exempt from disclosure under section 
                552 of title 5, United States Code (commonly referred 
                to as the ``Freedom of Information Act'') for the 
                purpose of subsection (b)(3) of that section.
            (3) Law enforcement exception.--
                    (A) In general.--When the physical address of a 
                participant is relevant to a Federal criminal 
                proceeding, a Federal court may order the disclosure of 
                the physical address to relevant parties without regard 
                to the procedures of the relevant address 
                confidentiality program, including--
                            (i) court officers and employees;
                            (ii) supervision and probation officers;
                            (iii) prosecutors;
                            (iv) law enforcement officers; and
                            (v) any other party determined relevant by 
                        the Federal court.
                    (B) Limitations.--If a Federal court orders the 
                disclosure of a physical address to a party under 
                subparagraph (A), the party--
                            (i) shall keep the physical address 
                        confidential; and
                            (ii) may only use the physical address for 
                        the purpose for which the Federal court orders 
                        the disclosure.
            (4) Administration exception.--If an executive agency 
        requires the physical address of a participant in order for the 
        executive agency to carry out the requirements of Federal law, 
        a Federal court may order the disclosure of the physical 
        address to the executive agency if the head of the executive 
        agency makes a written request to the relevant address 
        confidentiality program that maintains the record specifying--
                    (A) the particular portion of the record desired; 
                and
                    (B) the activity for which the record is sought.
            (5) Rule of construction.--Nothing in this subsection shall 
        be construed to require an executive agency to be subject to an 
        audit performed by a State.
    (f) Prompt Notification Upon Termination From Participation.--If 
the participation of an individual in an address confidentiality 
program is terminated, that individual shall promptly notify each 
executive agency or Federal court that accepted a designated address 
under subsection (b).
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