,,ii #aaith ,,congress #ast ,session ,s4 #abjh ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,march #ca1 #bjbe,mr4 ,wyden 7for himself1 ,mr4 ,markey1 ,mr4 ,merkley1 and ,mr4 ,van ,hollen7 introduced the following bill2 which was read twice and referred to the ,committee on ,homeland ,security and ,governmental ,affairs ,a ,,bill ,to amend title #e1 ,united ,states ,code1 to address records maintained on individuals1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,privacy ,act ,modernization ,act of #bjbe4 #b4 ,modernizing ,privacy ,act definitions 7a7 ,records ,section #eeb;a7a7 of title #e1 ,united ,states ,code1 is amended-- 7#a7 in paragraph 7#b71 by striking a citizen of the ,united ,states or an alien lawfully admitted for permanent residence and inserting the following3 8a natural person who is-- 7,a7 a ,united ,states person1 as defined in section #aja of the ,foreign ,intelligence ,surveillance ,act of #aigh 7#ej ,u4,s4,c4 #ahja72 or 7,b7 in the ,united ,states2 2 7#b7 by striking paragraphs 7#d7 and 7#e7 and inserting the following3 7#d7 the term record means any personally identifiable information processed by an agency2 7#e7 the term system of records means a group of any records maintained by or for1 or otherwise under the control of1 any agency2 2 7#c7 in paragraph 7#ab71 by striking and at the end2 7#d7 in paragraph 7#ac71 by striking the period at the end and inserting a semicolon2 and 7#e7 by adding at the end the following3 7#ad7 the term personally identifiable information means any information that identifies1 or is linked or reasonably linkable1 alone or in combination with other data1 to-- 7,a7 an individual2 or 7,b7 a device that identifies1 or is linked or reasonably linkable to1 an individual2 and 7#ae7 the term process1 with respect to personally identifiable information1 means to perform an operation or set of operations on the personally identifiable information1 including by storing1 analyzing1 organizing1 structuring1 using1 modifying1 or otherwise handling the personally identifiable information1 whether or not by automated means4 4 7b7 ,matching programs ,section #eeb;a7a77#h77;,a7 of title #e1 ,united ,states ,code1 is amended-- 7#a7 in the matter preceding clause 7i71 by striking of2 7#b7 in clause 7i71 in the matter preceding subclause 7,i71 by striking two or more automated systems of records or a system of records with non-,federal records and inserting the following3 involving any data from #a or more systems of records2 and 7#c7 in clause 7ii71 by striking two or more and inserting of #b or more4 7c7 ,government contractors ,section #eeb;a7m77#a7 of title #e1 ,united ,states ,code1 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 agreement1 including with another agency1 for the operation by or on behalf of the agency of a system of records4 7d7 ,technical amendments ,section #eeb;a of title #e1 ,united ,states ,code1 is amended-- 7#a7 in subsection 7a7-- 7,a7 in paragraph 7#a71 by striking section #eeb7;e7 and inserting section #eeb7;f72 and 7,b7 in paragraph 7#h77;,b7-- 7i7 in clause 7iv77,,iii71 by striking section #djd7;e71 #dfd1 or #aacg and inserting section #dfd or #aacg2 and 7ii7 in clause 7x71 by striking section #c7;d77#d7 of the ,achieving a ,better ,life ,experience ,act of #bjad and inserting section #ebi;,a7d77#d7 of the ,internal ,revenue ,code of #aihf2 and 7#b7 in subsection 7l71 by striking ,national ,archives of the ,united ,states each place that term appears and inserting ,national ,archives and ,records ,administration4 #c4 ,strengthening protections for individuals 7a7 ,additional protections for collections1 uses1 and disclosures ,section #eeb;a of title #e1 ,united ,states ,code1 is amended-- 7#a7 in subsection 7a77#g71 by inserting and is appropriate and reasonably necessary for the efficient and effective conduct of the ,government before the semicolon at the end2 7#b7 in subsection 7b77#a71 by inserting and that disclosure is consistent with1 and related to1 a purpose described under subsection 7e77#d77;,d7 of this section before the semicolon at the end2 and 7#c7 in subsection 7e7-- 7,a7 in the matter preceding paragraph 7#a71 by striking that maintains a system of records2 7,b7 in paragraph 7#b71 by striking under ,federal programs2 7,c7 in paragraph 7#d7-- 7i7 by amending subparagraph 7,d7 to read as follows3 7,d7 any purpose for which the information is intended to be used1 including each routine use2 2 7ii7 in subparagraph 7,h71 by striking and at the end2 7iii7 in subparagraph 7,i71 by inserting and after the semicolon2 and 7iv7 by adding at the end the following3 7,j7 the legal authority for each purpose for which the records contained in the system are used1 which shall contain a citation to the applicable law1 executive order1 or other authority2 2 7,d7 in paragraph 7#aa71 by striking and at the end2 7,e7 in paragraph 7#ab71 by striking the period at the end and inserting a semicolon2 and 7,f7 by adding at the end the following3 7#ac7 use records only for a legally authorized purpose2 and 7#ad7 take reasonable efforts to ensure that a record that is disclosed contains the minimum amount of information necessary to accomplish the purpose of the disclosure4 4 7b7 ,additional protections for matching programs ,section #eeb;a7a77#h77;,b7 of title #e1 ,united ,states ,code1 is amended-- 7#a7 by amending clause 7ii7 to read as follows3 7ii7 matches performed to support any research or statistical project1 if the results of the match are not intended to be used1 and are not used1 to-- 7,i7 make decisions concerning the rights1 benefits1 or privileges of specific individuals2 or 7,,ii7 take any adverse financial1 personnel1 or disciplinary action1 or any other adverse action1 against ,federal personnel2 2 7#b7 in clause 7viii71 by inserting or after the semicolon at the end2 7#c7 by striking clause 7ix72 and 7#d7 by redesignating clause 7x7 as clause 7ix74 7c7 ,additional civil remedies ,section #eeb;a7g7 of title #e1 ,united ,states ,code1 is amended-- 7#a7 in paragraph 7#a7-- 7,a7 by amending subparagraph 7,d7 to read as follows3 7,d7 fails to comply with any other provision of this section1 or any rule promulgated thereunder1 in such a way as to have1 or that could reasonably lead to1 an adverse effect on any person 7including any ,state or territory 7or any political subdivision of any ,state or territory7 or any ,indian ,tribe71 2 and 7,b7 in the flush text following subparagraph 7,d71 by inserting or person1 as applicable1 after the individual2 and 7#b7 by amending paragraph 7#d7 to read as follows3 7#d7 ,in any suit brought under the provisions of subsection 7g77#a77;,c7 or 7,d7 of this section-- 7,a7 the court may provide such preliminary and other equitable or declaratory relief as may be appropriate2 and 7,b7 if the court determines that the agency acted in a manner that was intentional or willful1 the ,united ,states shall be liable to the individual or person1 as applicable1 in an amount equal to the sum of-- 7i7 actual damages1 including nonpecuniary damages1 sustained by the individual or person as a result of the refusal or failure1 but in no case shall an individual or person entitled to recovery receive less than the sum of #a1jjj2 7ii7 the costs of the action together with reasonable attorney fees as determined by the court2 and 7iii7 punitive damages in an amount determined appropriate by the court4 4 7d7 ,additional criminal penalties ,section #eeb;a7i7 of title #e1 ,united ,states ,code1 is amended-- 7#a7 in paragraph 7#a71 by adding at the end the following3 ,a person who commits an offense described in the previous sentence with the intent to sell1 transfer1 use1 or disclose a record described in that sentence for commercial advantage1 personal gain1 or malicious harm shall be guilty of a felony and fined not more than #bej1jjj1 imprisoned for not more than #aj years1 or both42 and 7#b7 in paragraph 7#c71 by striking misdemeanor and fined not more than #e1jjj and inserting felony and fined not more than #ajj1jjj4 #d4 ,effective dates 7a7 ,definitions ,in this section3 7#a7 ,agency2 matching program2 recipient agency2 record2 source agency2 system of records ,the terms agency1 matching program1 recipient agency1 record1 source agency1 and system of records have the meanings given those terms in section #eeb;a of title #e1 ,united ,states ,code1 as amended by section #b4 7#b7 ,special ,government employee ,the term special ,government employee has the meaning given the term in section #bjb7;a7 of title #ah1 ,united ,states ,code4 7#c7 ,temporary or intermittent expert or consultant ,the term temporary or intermittent expert or consultant means an expert or consultant or an organization thereof1 the services of which are procured pursuant to section #caji of title #e1 ,united ,states ,code4 7#d7 ,temporary transitional ,schedule ,c position ,the term temporary transitional ,schedule ,c position means a position established under section #bac4ccjb of title #e1 ,code of ,federal ,regulations1 or any successor regulation4 7b7 ,general effective date ,except as provided in subsection 7c71 the amendments made by sections #b and #c shall take effect on the date that is #b years after the date of enactment of this ,act4 7c7 ,exceptions ,the amendments made by sections #b and #c shall take effect on the date of enactment of this ,act with respect to each of the following3 7#a7 ,any use of a record by1 any disclosure of a record by or to1 any maintenance of a system of records by or for1 any control of a system of records by1 the taking of any other action that is governed by section #eeb;a of title #e1 ,united ,states ,code 7as amended by this ,act7 by1 or the taking of any of the preceding actions that is caused by any action by any of the following3 7,a7 ,the ,united ,states ,,doge ,service1 or any successor organization4 7,b7 ,the ,u4,s4 ,,doge ,service ,temporary ,organization1 or any successor organization4 7,c7 ,any special ,government employee1 any temporary or intermittent expert or consultant1 or any individual occupying a temporary transitional ,schedule ,c position4 7,d7 ,any agency not described in subparagraph 7,a7 or 7,b7 that is headed by1 or subject to the control of-- 7i7 the head of the entity described in subparagraph 7,a72 7ii7 the head of the entity described in subparagraph 7,b72 or 7iii7 any person described in subparagraph 7,c74 7,e7 ,any ,,doge ,team 7as described in ,executive ,order #adaeh 7#ij ,fed4 ,reg4 #hdda71 relating to establishing and implementing the ,president's ,department of ,government ,efficiency71 or any successor organization4 7,f7 ,any agency that is within1 or subject to the review of1 an entity described in subparagraph 7,a71 7,b71 7,d71 or 7,e74 7,g7 ,any officer1 employee1 expert1 consultant1 contractor1 volunteer1 or other individual1 without regard to title or compensation1 of1 within1 or providing services to an entity described in subparagraph 7,a71 7,b71 7,d71 7,e71 or 7,f74 7#b7 ,any matching program in which-- 7,a7 an entity or person described in any subparagraph of paragraph 7#a7 is the source agency or recipient agency2 or 7,b7 a system of records is maintained by or for1 or otherwise under the control of1 an entity or person described in any subparagraph of paragraph 7#a74 7d7 ,applicability ,if a person described in any subparagraph of paragraph 7#a7 or 7#b7 of subsection 7c71 outside of the capacity of the person as described in the applicable subparagraph1 discloses a record1 maintains a system of records1 controls a system of records1 participates in a matching program1 takes any other action that is governed by section #eeb;a of title #e1 ,united ,states ,code 7as amended by this ,act71 or causes any other person to take any of the preceding actions1 the exception under subsection 7c7 shall still apply with respect to that action by that person4 #e4 ,rule of construction 7a7 ,definition ,in this section1 the term ,privacy ,act means section #eeb;a of title #e1 ,united ,states ,code1 as in effect at any time before the date of enactment of this ,act4 7b7 ,rule ,nothing in this ,act1 or any amendment made by this ,act1 may be construed to create an inference with respect to the interpretation of any provision of the ,privacy ,act1 any regulation promulgated under the ,privacy ,act1 or any application of such a provision or regulation1 including with respect to the scope of activity covered under the ,privacy ,act1 the legality of any activity under the ,privacy ,act1 or the availability of any remedy or award of damages with respect to a violation of the ,privacy ,act4