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