[Congressional Record Volume 169, Number 119 (Wednesday, July 12, 2023)]
[Senate]
[Pages S2395-S2396]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 218. Ms. KLOBUCHAR (for herself and Mr. Cruz) submitted an 
amendment intended to be proposed by her to the bill S. 2226, to 
authorize appropriations for fiscal year 2024 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 end of subtitle G of title X, add the following:

     SEC. 1083. 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 schedules of school or day care 
     attendance or routes taken to or from the school or day care 
     by an at-risk individual;
       (I) information regarding routes taken to or from an 
     employment location by an at-risk individual; or
       (J) 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

[[Page S2396]]

     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.
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