119-s1208

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 1208 Introduced in Senate

    (IS) ]

<DOC>

119th CONGRESS
 1st Session
 S. 1208

To amend title 5, United States Code, to address records maintained on 
 individuals, and for other purposes.

_______________________________________________________________________

 IN THE SENATE OF THE UNITED STATES

 March 31, 2025

 Mr. Wyden (for himself, Mr. Markey, Mr. Merkley, and Mr. Van Hollen) 
introduced the following bill; which was read twice and referred to the 
 Committee on Homeland Security and Governmental Affairs

_______________________________________________________________________

 A BILL

To amend title 5, United States Code, to address records maintained on 
 individuals, and for other purposes.

 Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

 This Act may be cited as the ``Privacy Act Modernization Act of 
2025''.

SEC. 2. MODERNIZING PRIVACY ACT DEFINITIONS.

    (a) Records.--

Section 552a

    (a) of title 5, United States Code, is 
amended--

    (1) in paragraph

    (2) , by striking ``a citizen of the United 
 States or an alien lawfully admitted for permanent residence'' 
 and inserting the following: ``a natural person who is--
 ``
        (A) a United States person, as defined in 

section 101 of the Foreign Intelligence Surveillance Act of 
 1978 (50 U.S.C. 1801); or
 ``
        (B) in the United States;'';

    (2) by striking paragraphs

    (4) and

    (5) and inserting the 
 following:
 ``

    (4) the term `record' means any personally identifiable 
 information processed by an agency;
 ``

    (5) the term `system of records' means a group of any 
 records maintained by or for, or otherwise under the control 
 of, any agency;'';

    (3) in paragraph

    (12) , by striking ``and'' at the end;

    (4) in paragraph

    (13) , by striking the period at the end 
 and inserting a semicolon; and

    (5) by adding at the end the following:
 ``

    (14) the term `personally identifiable information' means 
 any information that identifies, or is linked or reasonably 
 linkable, alone or in combination with other data, to--
 ``
        (A) an individual; or
 ``
        (B) a device that identifies, or is linked or 
 reasonably linkable to, an individual; and
 ``

    (15) the term `process', with respect to personally 
 identifiable information, means to perform an operation or set 
 of operations on the personally identifiable information, 
 including by storing, analyzing, organizing, structuring, 
 using, modifying, or otherwise handling the personally 
 identifiable information, whether or not by automated means.''.

    (b) Matching Programs.--

Section 552a

    (a)

    (8)
        (A) of title 5, United 
States Code, is amended--

    (1) in the matter preceding clause
            (i) , by striking ``of'';

    (2) in clause
            (i) , in the matter preceding subclause
            (I) , 
 by striking ``two or more automated systems of records or a 
 system of records with non-Federal records'' and inserting the 
 following: ``involving any data from 1 or more systems of 
 records''; and

    (3) in clause
            (ii) , by striking ``two or more'' and 
 inserting ``of 2 or more''.
            (c) Government Contractors.--

Section 552a
            (m) (1) of title 5, United 
States Code, is amended by striking ``for the operation by or on behalf 
of the agency of a system of records to accomplish an agency function'' 
and inserting ``or other agreement, including with another agency, for 
the operation by or on behalf of the agency of a system of records''.
            (d) Technical Amendments.--

Section 552a of title 5, United States 
Code, is amended--

    (1) in subsection

    (a) --
        (A) in paragraph

    (1) , by striking ``

section 552

    (e) '' and inserting ``

section 552

    (f) ''; and
        (B) in paragraph

    (8)
        (B) --
            (i) in clause
            (iv) 
            (III) , by striking 
 ``

section 404

    (e) , 464, or 1137'' and inserting 
 ``

section 464 or 1137''; and
            (ii) in clause
            (x) , by striking ``

section 3
            (d) (4) of the Achieving a Better Life 
 Experience Act of 2014'' and inserting 
 ``

section 529A
            (d) (4) of the Internal Revenue 
 Code of 1986''; and

    (2) in subsection
            (l) , by striking ``National Archives of 
 the United States'' each place that term appears and inserting 
 ``National Archives and Records Administration''.

SEC. 3. STRENGTHENING PROTECTIONS FOR INDIVIDUALS.

    (a) Additional Protections for Collections, Uses, and 
Disclosures.--

Section 552a of title 5, United States Code, is amended--

    (1) in subsection

    (a)

    (7) , by inserting ``and is appropriate 
 and reasonably necessary for the efficient and effective 
 conduct of the Government'' before the semicolon at the end;

    (2) in subsection

    (b)

    (1) , by inserting ``and that 
 disclosure is consistent with, and related to, a purpose 
 described under subsection

    (e)

    (4)
            (D) of this section'' before 
 the semicolon at the end; and

    (3) in subsection

    (e) --
        (A) in the matter preceding paragraph

    (1) , by 
 striking ``that maintains a system of records'';
        (B) in paragraph

    (2) , by striking ``under Federal 
 programs'';
            (C) in paragraph

    (4) --
            (i) by amending subparagraph
            (D) to read as 
 follows:
 ``
            (D) any purpose for which the information is 
 intended to be used, including each routine use;'';
            (ii) in subparagraph
        (H) , by striking 
 ``and'' at the end;
            (iii) in subparagraph
            (I) , by inserting 
 ``and'' after the semicolon; and
            (iv) by adding at the end the following:
 ``
        (J) the legal authority for each purpose for 
 which the records contained in the system are used, 
 which shall contain a citation to the applicable law, 
 executive order, or other authority;'';
            (D) in paragraph

    (11) , by striking ``and'' at the 
 end;
        (E) in paragraph

    (12) , by striking the period at 
 the end and inserting a semicolon; and
        (F) by adding at the end the following:
 ``

    (13) use records only for a legally authorized purpose; 
 and
 ``

    (14) take reasonable efforts to ensure that a record that 
 is disclosed contains the minimum amount of information 
 necessary to accomplish the purpose of the disclosure.''.

    (b) Additional Protections for Matching Programs.--

Section 552a

    (a)

    (8)
        (B) of title 5, United States Code, is amended--

    (1) by amending clause
            (ii) to read as follows:
 ``
            (ii) matches performed to support any 
 research or statistical project, if the results 
 of the match are not intended to be used, and 
 are not used, to--
 ``
            (I) make decisions concerning the 
 rights, benefits, or privileges of 
 specific individuals; or
 ``
            (II) take any adverse financial, 
 personnel, or disciplinary action, or 
 any other adverse action, against 
 Federal personnel;'';

    (2) in clause
            (viii) , by inserting ``or'' after the 
 semicolon at the end;

    (3) by striking clause
            (ix) ; and

    (4) by redesignating clause
            (x) as clause
            (ix) .
            (c) Additional Civil Remedies.--

Section 552a

    (g) of title 5, United 
States Code, is amended--

    (1) in paragraph

    (1) --
        (A) by amending subparagraph
            (D) to read as 
 follows:
 ``
            (D) fails to comply with any other provision of 
 this section, or any rule promulgated thereunder, in 
 such a way as to have, or that could reasonably lead 
 to, an adverse effect on any person (including any 
 State or territory (or any political subdivision of any 
 State or territory) or any Indian Tribe),''; and
        (B) in the flush text following subparagraph
            (D) , 
 by inserting ``or person, as applicable,'' after ``the 
 individual''; and

    (2) by amending paragraph

    (4) to read as follows:
 ``

    (4) In any suit brought under the provisions of subsection

    (g)

    (1)
            (C) or
            (D) of this section--
 ``
        (A) the court may provide such preliminary and other 
 equitable or declaratory relief as may be appropriate; and
 ``
        (B) if the court determines that the agency acted in a 
 manner that was intentional or willful, the United States shall 
 be liable to the individual or person, as applicable, in an 
 amount equal to the sum of--
 ``
            (i) actual damages, including nonpecuniary 
 damages, sustained by the individual or person as a 
 result of the refusal or failure, but in no case shall 
 an individual or person entitled to recovery receive 
 less than the sum of $1,000;
 ``
            (ii) the costs of the action together with 
 reasonable attorney fees as determined by the court; 
 and
 ``
            (iii) punitive damages in an amount determined 
 appropriate by the court.''.
            (d) Additional Criminal Penalties.--

Section 552a
            (i) of title 5, 
United States Code, is amended--

    (1) in paragraph

    (1) , by adding at the end the following: 
 ``A person who commits an offense described in the previous 
 sentence with the intent to sell, transfer, use, or disclose a 
 record described in that sentence for commercial advantage, 
 personal gain, or malicious harm shall be guilty of a felony 
 and fined not more than $250,000, imprisoned for not more than 
 10 years, or both.''; and

    (2) in paragraph

    (3) , by striking ``misdemeanor and fined 
 not more than $5,000'' and inserting ``felony and fined not 
 more than $100,000''.

SEC. 4. EFFECTIVE DATES.

    (a) 

=== Definitions. ===
-In this section:

    (1) Agency; matching program; recipient agency; record; 
 source agency; system of records.--The terms ``agency'', 
 ``matching program'', ``recipient agency'', ``record'', 
 ``source agency'', and ``system of records'' have the meanings 
 given those terms in 

section 552a of title 5, United States 
 Code, as amended by 

section 2.

    (2) Special government employee.--The term ``special 
 Government employee'' has the meaning given the term in 

section 202

    (a) of title 18, United States Code.

    (3) Temporary or intermittent expert or consultant.--The 
 term ``temporary or intermittent expert or consultant'' means 
 an expert or consultant or an organization thereof, the 
 services of which are procured pursuant to 

section 3109 of 
 title 5, United States Code.

    (4) Temporary transitional schedule c position.--The term 
 ``temporary transitional Schedule C position'' means a position 
 established under 

section 213.3302 of title 5, Code of Federal 
 Regulations, or any successor regulation.

    (b) General Effective Date.--Except as provided in subsection
            (c) , 
the amendments made by sections 2 and 3 shall take effect on the date 
that is 2 years after the date of enactment of this Act.
            (c) Exceptions.--The amendments made by sections 2 and 3 shall take 
effect on the date of enactment of this Act with respect to each of the 
following:

    (1) Any use of a record by, any disclosure of a record by 
 or to, any maintenance of a system of records by or for, any 
 control of a system of records by, the taking of any other 
 action that is governed by 

section 552a of title 5, United 
 States Code (as amended by this Act) by, or the taking of any 
 of the preceding actions that is caused by any action by any of 
 the following:
        (A) The United States DOGE Service, or any 
 successor organization.
        (B) The U.S. DOGE Service Temporary Organization, 
 or any successor organization.
            (C) Any special Government employee, any temporary 
 or intermittent expert or consultant, or any individual 
 occupying a temporary transitional Schedule C position.
            (D) Any agency not described in subparagraph
        (A) or
        (B) that is headed by, or subject to the control of--
            (i) the head of the entity described in 
 subparagraph
        (A) ;
            (ii) the head of the entity described in 
 subparagraph
        (B) ; or
            (iii) any person described in subparagraph
            (C) .
        (E) Any DOGE Team (as described in Executive Order 
 14158 (90 Fed. Reg. 8441), relating to establishing and 
 implementing the President's ``Department of Government 
 Efficiency''), or any successor organization.
        (F) Any agency that is within, or subject to the 
 review of, an entity described in subparagraph
        (A) ,
        (B) ,
            (D) , or
        (E) .
        (G) Any officer, employee, expert, consultant, 
 contractor, volunteer, or other individual, without 
 regard to title or compensation, of, within, or 
 providing services to an entity described in 
 subparagraph
        (A) ,
        (B) ,
            (D) ,
        (E) , or
        (F) .

    (2) Any matching program in which--
        (A) an entity or person described in any 
 subparagraph of paragraph

    (1) is the source agency or 
 recipient agency; or
        (B) a system of records is maintained by or for, or 
 otherwise under the control of, an entity or person 
 described in any subparagraph of paragraph

    (1) .
            (d) Applicability.--If a person described in any subparagraph of 
paragraph

    (1) or

    (2) of subsection
            (c) , outside of the capacity of the 
person as described in the applicable subparagraph, discloses a record, 
maintains a system of records, controls a system of records, 
participates in a matching program, takes any other action that is 
governed by 

section 552a of title 5, United States Code (as amended by 
this Act), or causes any other person to take any of the preceding 
actions, the exception under subsection
            (c) shall still apply with 
respect to that action by that person.

SEC. 5. RULE OF CONSTRUCTION.

    (a) 

=== Definition. ===
-In this section, the term ``Privacy Act'' means 

section 552a of title 5, United States Code, as in effect at any time 
before the date of enactment of this Act.

    (b) Rule.--Nothing in this Act, or any amendment made by this Act, 
may be construed to create an inference with respect to the 
interpretation of any provision of the Privacy Act, any regulation 
promulgated under the Privacy Act, or any application of such a 
provision or regulation, including with respect to the scope of 
activity covered under the Privacy Act, the legality of any activity 
under the Privacy Act, or the availability of any remedy or award of 
damages with respect to a violation of the Privacy Act.
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