[Congressional Record Volume 168, Number 158 (Thursday, September 29, 2022)]
[Senate]
[Pages S5802-S5803]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 6275. Ms. KLOBUCHAR (for herself and Mr. Cruz) submitted an 
amendment intended to be proposed to amendment SA 5499 submitted by Mr. 
Reed (for himself and Mr. Inhofe) and intended to be proposed to the 
bill H.R. 7900, to authorize appropriations for fiscal year 2023 for 
military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

        At the appropriate place in subtitle G of title X, insert 
     the following:

     SEC. 10__. PROTECTING COVERED INFORMATION IN PUBLIC RECORDS.

       (a) Definitions.--In this section:
       (1) Applicable sergeant at arms.--The term ``applicable 
     Sergeant at Arms'' means--
       (A) with respect to a Member of the Senate, the Sergeant at 
     Arms and Doorkeeper of the Senate; 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.
       (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; or
       (D) any other individual living in the household of an 
     individual described in subparagraph (A).
       (3) Covered information.--The term ``covered 
     information''--
       (A) means--
       (i) a home address, including a primary residence or 
     secondary residences;
       (ii) a home or personal mobile telephone number;
       (iii) a personal email address;
       (iv) a social security number or driver's license number;
       (v) a bank account or credit or debit card information;
       (vi) a license plate number or other unique identifier of a 
     vehicle owned, leased, or regularly used by an at-risk 
     individual;
       (vii) the identification of a child, who is under 18 years 
     of age, of an at-risk individual;
       (viii) the full date of birth;
       (ix) information regarding current or future school or day 
     care attendance, including the name or address of the school 
     or day care, schedules of attendance, or routes taken to or 
     from the school or day care by an at-risk individual; or
       (x) information regarding the employment location of an at-
     risk individual, including the name or address of the 
     employer, employment schedules, or routes taken to or from 
     the employment location by an at-risk individual; and
       (B) does not include information regarding employment with 
     a Government agency.
       (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--
       (A) any individual who is the spouse, parent, sibling, or 
     child of an at-risk individual;
       (B) any individual to whom an at-risk individual stands in 
     loco parentis; or
       (C) any other individual living in the household of an at-
     risk individual.
       (7) Member of congress.--The term ``Member of Congress'' 
     means--
       (A) a Member of the Senate; or

[[Page S5803]]

       (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 or an immediate family 
     member.
       (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 immediate family 
     members, with each Government agency that includes 
     information necessary to ensure compliance with this section, 
     as determined by the applicable Sergeant at Arms; 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.--Government agencies shall not 
     publicly post or display publicly available content that 
     includes covered information of an at-risk individual or an 
     immediate family member. Government agencies, upon receipt of 
     a request under paragraph (1)(B), shall remove the covered 
     information of the at-risk individual or any immediate family 
     member 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 or an 
     immediate family member to a third party if the third party--
       (A) possesses a signed release from the at-risk individual 
     or the immediate family member, respectively, 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 sergeants at arms to make requests.--
       (A) Sergeants at arms.--Upon written request of a Member of 
     Congress, the applicable Sergeant at Arms is 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 
     Sergeant at Arms. 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, an 
     applicable Sergeant at Arms 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 
     Sergeant at Arms 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 or an 
     immediate family member.
       (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 or an immediate family member if 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 or immediate family 
     member.
       (ii) Exceptions.--Clause (i) shall not apply to--

       (I) the display on the internet of the covered information 
     of an at-risk individual or an immediate family member 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 or 
     immediate family member 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 or immediate family member 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 or immediate 
     family member 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 or immediate family member 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 or 
     immediate family member 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 or their immediate 
     family member 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 or their immediate family 
     member; or
       (ii) the reporting on an at-risk individual or their 
     immediate family member regarding matters of public concern;
       (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 their immediate family member; 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 and their immediate family 
     members.
                                 ______