[Congressional Record Volume 171, Number 132 (Thursday, July 31, 2025)]
[Senate]
[Pages S5075-S5076]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 3270. Ms. KLOBUCHAR (for herself and Mr. Cruz) submitted an
amendment intended to be proposed by her to the bill S. 2296, to
authorize appropriations for fiscal year 2026 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 F of title X, add the following:
SEC. 1067. 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 or a designated
Senate employee, 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 or a designated
House employee, 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 designated Senate employee;
(F) any designated House employee; or
(G) a former Member of Congress.
(3) Candidate.--The term ``candidate'' has the meaning
given the term in section 301 of the Federal Election
Campaign Act of 1971 (52 U.S.C. 30101).
(4) Covered employee.--The term ``covered employee'' has
the same meaning given such term in section 101 of the
Congressional Accountability Act of 1995 (2 U.S.C. 1301).
(5) 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 number;
(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) information regarding current or future school or
day care attendance, including the name or addresses of the
school or day care;
(ix) 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;
(x) information regarding routes taken to or from an
employment location by an at-risk individual; or
(xi) precise geolocation data that is not anonymized and
can identify the location of a device of an at-risk
individual; and
(B) does not include information described in subparagraph
(A) that is contained in--
(i) any report or other record required to be filed with
the Federal Election Commission; or
(ii) any report or other record otherwise required under
Federal or State law to be filed--
(I) by an individual to qualify as a candidate for the
office of Member of Congress; or
(II) by any candidate for the office of Member of Congress.
(6) 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).
(7) Designated house employee.--The term ``designated House
employee'' means--
(A) a covered employee designated in writing by--
[[Page S5076]]
(i) a Member of, or Delegate or Resident Commissioner to,
the House of Representatives; or
(ii) an officer of the House of Representatives; or
(B) an officer of the House of Representatives.
(8) Designated senate employee.--The term ``designated
Senate employee'' means--
(A) a covered employee designated in writing by--
(i) a Member of the Senate; or
(ii) an officer of the Senate; or
(B) an officer of the Senate.
(9) 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.
(10) 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.
(11) 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.
(12) 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 and employees to
make requests.--
(A) Legislative officers.--Upon written request of a Member
of Congress, designated Senate employee, or designated House
employee, 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, designated
Senate employee, or designated House employee, respectively.
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 subparagraph shall be deemed to have been made by
the Member of Congress, designated Senate employee, or
designated House employee, as applicable, and comply with the
notice and request requirements of this section.
(B) List.--
(i) In general.--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--
(I) Members of Congress, designated Senate employees, and
designated House employees making a written request described
in subparagraph (A); and
(II) immediate family members of the Members of Congress,
designated Senate employees, and designated House employees
on whose behalf the written request was made.
(ii) Contents.--A list provided under clause (i) shall
include information necessary to ensure compliance with this
section, as determined by the applicable legislative officers
for the purpose of maintaining compliance with this section.
(iii) Compliance with notice and request requirement.--A
list provided under clause (i) 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 lawfully 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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