119-s2851

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 2851 Introduced in Senate

    (IS) ]

<DOC>

119th CONGRESS
 1st Session
 S. 2851

 To improve the safety and security of Members of Congress, immediate 
family members of Members of Congress, and congressional staff, and for 
 other purposes.

_______________________________________________________________________

 IN THE SENATE OF THE UNITED STATES

 September 17 (legislative day, September 16), 2025

 Mr. Wyden 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, 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 ``Protecting Americans from Doxing and 
Political Violence Act''.

SEC. 2. 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, only while 
 engaging in activity 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--
            (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.--
            (i) === Definitions. ===
-
            (I) Covered information.--For 
 purposes of applying the term ``covered 
 information'' in this subparagraph, 
 ``covered person'' shall be substituted 
 for ``at-risk individual'' each place 
 it appears in subsection

    (a)

    (5) .
            (II) Covered person.--In this 
 subparagraph, the term ``covered 
 person'' means--

    (aa) an individual that is 
 located in the United States; 
 or

    (bb) a United States 
 person, as defined in 

section 101 of the Foreign Intelligence 
 Surveillance Act of 1978 (50 
 U.S.C. 1801).
            (ii) Prohibition.--It shall be unlawful for 
 a data broker to knowingly sell, license, trade 
 for consideration, or purchase covered 
 information of a covered person.
            (iii) Enforcement.--The Attorney General or 
 the attorney general (or equivalent thereof) of 
 any State may file an action seeking injunctive 
 or declaratory relief in any court of competent 
 jurisdiction to enforce this subparagraph.
        (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.
 <all>