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[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 2144 Introduced in Senate (IS)]
<DOC>
119th CONGRESS
1st Session
S. 2144
To improve the safety and security of Members of Congress, immediate
family members of Members of Congress, and congressional staff.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
June 23, 2025
Ms. Klobuchar (for herself and Mr. Cruz) introduced the following bill;
which was read twice and referred to the Committee on Homeland Security
and Governmental Affairs
_______________________________________________________________________
A BILL
To improve the safety and security of Members of Congress, immediate
family members of Members of Congress, and congressional staff.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. 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 current or future school
or day care attendance, including the name or addresses
of the school or day care;
(I) 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;
(J) information regarding routes taken to or from
an employment location by an at-risk individual; or
(K) 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 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.
<all>
Introduced in Senate
Read twice and referred to the Committee on Homeland Security and Governmental Affairs.
Senate Committee on Homeland Security and Governmental Affairs discharged by Unanimous Consent.
Senate Committee on Homeland Security and Governmental Affairs discharged by Unanimous Consent.
Measure laid before Senate by unanimous consent. (consideration: CR S6844)
Passed/agreed to in Senate: Passed Senate with an amendment by Unanimous Consent.
Passed Senate with an amendment by Unanimous Consent. (text: CR S6841-6842)
Message on Senate action sent to the House.
Received in the House.
Held at the desk.
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