[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>