S. 2851

119th CONGRESS 1st Session

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 · Sponsor: Mr. Wyden · Committee: Committee on Homeland Security and Governmental Affairs

Table of contents

• S. 2851
  • SEC. 1. Short title
  • SEC. 2. Protecting covered information in public records

SEC. 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

• Protecting covered information in public records
• (a) Definitions
  • In this section:
    • The term applicable legislative officers means—
    • The term at-risk individual means—
    • 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
    • The term has the same meaning given such term in section 101 of the Congressional Accountability Act of 1995 (). covered employee 2 U.S.C. 1301
    • The term — covered information
    • The term designated House employee means—
    • The term designated Senate employee means—
    • The term includes— Government agency
    • The term immediate family member means an at-risk individual—
    • The term Member of Congress means—
    • 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—
      • 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
      • 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—
      • possesses a signed release from the at-risk individual or a court order;
      • is subject to the requirements of title V of the Gramm-Leach-Bliley Act (); or 15 U.S.C. 6801 et seq.
      • 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 lieu of individual notices or requests, the applicable legislative officers may provide Government agencies, data brokers, persons, businesses, or associations with a list of—
      • In general
      • Members of Congress, designated Senate employees, and designated House employees making a written request described in subparagraph (A); and
      • immediate family members of the Members of Congress, designated Senate employees, and designated House employees on whose behalf the written request was made.
      • (ii) 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) 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
        • Definitions
        • For purposes of applying the term in this subparagraph, shall be substituted for each place it appears in subsection (a)(5). covered person at-risk individual covered information
        • Covered information
        • In this subparagraph, the term covered person means—
        • Covered person
        • an individual that is located in the United States; or
        • a United States person, as defined in section 101 of the Foreign Intelligence Surveillance Act of 1978 (). 50 U.S.C. 1801
        • (ii) It shall be unlawful for a data broker to knowingly sell, license, trade for consideration, or purchase covered information of a covered person.
        • Prohibition
        • (iii) 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) 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) Clause (i) shall not apply to—
      • 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;
      • covered information that the at-risk individual voluntarily publishes on the internet after the date of enactment of this Act; or
      • 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) 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.
• (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—
      • 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;
      • 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;
      • to limit the publication or transfer of covered information with the written consent of the at-risk individual; or
      • 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.