[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.
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