,,ii  #aaith ,,congress  #ast ,session  
,s4 #dij  ,,in ,,the ,,senate ,,of ,,the
 ,,united ,,states  ,february #f        
7legislative day1 ,february #e71        
#bjbe,mr4 ,schumer 7for himself1 ,mr4   
,wyden1 ,ms4 ,warren1 ,mr4 ,peters1     
,mrs4 ,murray1 and ,mr4 ,warner7        
introduced the following bill2 which was
 read twice and referred to the         
,committee on ,finance  ,a ,,bill  ,to  
provide that unauthorized access to the 
central payment systems of the ,bureau  
of the ,fiscal ,service is unlawful4    
#a4 ,short title ,this ,act may be cited
 as the ,protecting ,americans' ,privacy
 ,act of #bjbe4  #b4 ,unauthorized      
access to the central payment systems of
 the ,bureau of the ,fiscal ,service    
7a7 ,prohibitions  7#a7 ,in general ,it 
shall be unlawful for an individual to  
knowingly access or exercise            
administrative control over any public  
money receipt or payment system of the  
,department of the ,treasury 7including 
any payment system of the ,bureau of the

 ,fiscal ,service 7or any successor     
thereof77 if the individual-- 7,a7 is   
not-- 7i7 a ,federal employee2 or  7ii7 
a ,federal contractor whose current     
continuous service in a position on an  
agency's contract1 as of the date of    
such access1 is for a period of at least
 #a year2  7,b7 is a ,federal employee--
 7i7 who is employed as the chief       
executive officer1 chief financial      
officer1 chief operating officer1 or a  
position of similar stature at a covered
 entity2  7ii7 who serves on the ,board 
of ,directors of a covered entity2      
7iii7 who has control over a covered    
entity2 or  7iv7 whose current          
continuous service in a position in the 
civil service 7as that term is defined  
in section #baja of title #e1 ,united   
,states ,code71 as of the date of such  
access1 is for a period of less than #a 
year2 or  7,c7 is a covered employee    
who-- 7i7 has a conflict of interest as 
described in section #bjh of title #ah1 
,united ,states ,code1 with respect to  

such central payment system1 or  7ii7   
has not signed a written ethics         
agreement with either the covered       
employee's respective agency or the     
,office of ,government ,ethics4  7#b7   
,facilitation of access ,it shall be    
unlawful for an individual to facilitate
 access to or the exercise of           
administrative control over any such    
public money receipt or payment system1 
or to knowingly permit such access or   
exercise of control1 which such         
individual knows or should know is in   
violation of paragraph 7#a74  7b7       
,enforcement by individuals  7#a7 ,in   
general ,any persons harmed by a        
violation of subsection 7a7 may file a  
civil action in any district court of   
the ,united ,states or ,state court of  
general jurisdiction to recover from the
 individual who engaged in the violation
 appropriate relief described in        
paragraph 7#b74  7#b7 ,relief ,in an    
action under this subsection1           
appropriate relief includes-- 7,a7      

preliminary and other equitable or      
declaratory relief1 as appropriate2     
7,b7 damages as described in paragraph  
7#c72  7,c7 punitive damages1 as        
appropriate2 and  7,d7 reasonable       
attorney's fees and other reasonable    
litigation costs4  7#c7 ,damages ,in an 
action under this subsection1 a court   
may assess as damages an amount equal to
 the greater of-- 7,a7 the sum of the   
actual damages suffered by the          
plaintiff2 or  7,b7 #bej1jjj for each   
unauthorized access relating to the     
plaintiff4  7#d7 ,joint and several     
liability ,any individual who violates  
subsection 7a77#a7 and any individual   
who violates subsection 7a77#b7 shall be
 jointly and severally liable to the    
extent such violations relate to the    
same access4  7c7 ,definitions ,in this 
section3 7#a7 ,agency ,the term agency--
 7,a7 has the meaning given the term    
,executive agency in section #aje of    
title #e1 ,united ,states ,code2 and    
7,b7 includes each component of the     

,executive ,office of the ,president1   
including each such component           
established under title #c1 ,united     
,states ,code4  7#b7 ,control ,the term 
control means1 with respect to an       
entity-- 7,a7 ownership of1 or the power
 to vote1 more than #ej percent of the  
outstanding shares of any class of      
voting security of the entity2  7,b7    
control over the election of a majority 
of the directors of the entity 7or of   
individuals exercising similar          
functions72 or  7,c7 the power to       
exercise a controlling influence over   
the management of the entity4  7#c7     
,covered employee ,the term covered     
employee includes the following         
individuals3 7,a7 ,each individual who  
is-- 7i7 a noncareer employee2 and  7ii7
 described in any of paragraphs 7#c7    
through 7#h7 of section #acajc7;f7 of   
title #e1 ,united ,states ,code4  7,b7  
,each individual serving in a position  
with respect to which a determination   
has been made under section             

#geaa7;b77#b7 of title #e1 ,united      
,states ,code4  7,c7 ,each special      
,government employee1 as defined in     
section #bjb7;a7 of title #ah1 ,united  
,states ,code4  7#d7 ,covered entity    
,the term covered entity means a        
corporation 7and the subsidiaries it    
controls71 company1 association1 firm1  
partnership1 society1 joint stock       
company1 or any other organization or   
institution1 including an organization  
described in section #eja7;c7 of the    
,internal ,revenue ,code4  7#e7 ,federal
 contractor ,the term ,federal          
contractor means an individual1 other   
than a ,federal employee1 working under 
a contract with an agency4  7#f7        
,federal employee ,the term ,federal    
employee means an individual employed by
 or holding office in an agency4  7#g7  
,noncareer employee ,the term noncareer 
employee means an individual who is--   
7,a7 serving in a position to which the 
,president appointed the individual     
7without regard to whether the advice   

and consent of the ,senate was required 
with respect to that appointment71 other
 than an individual who is-- 7i7 a      
member of a uniformed service1 as that  
term is defined in section #baj7m7 of   
the ,social ,security ,act 7#db         
,u4,s4,c4 #daj7m772 or  7ii7 a member of
 the ,foreign ,service serving under a  
career appointment1 as described in     
section #cja of the ,foreign ,service   
,act of #aihj 7#bb ,u4,s4,c4 #cida72    
7,b7 a noncareer appointee1 as that term
 is defined in section #cacb7;a7 of     
title #e1 ,united ,states ,code2  7,c7  
serving in a position in a ,federal     
executive system 7other than the ,senior
 ,executive ,service established under  
subchapter ,,ii of chapter #ca of title 
#e1 ,united ,states ,code71 if          
appointment to the position is not made 
through merit-based procedures2 or  7,d7
 serving in a position with respect to  
which a determination has been made     
under section #geaa7;b77#b7 of title #e1
 ,united ,states ,code4  7d7 ,no        

inference ,nothing in this section shall
 be construed as creating any inference 
as to whether any act which occurred    
prior to the enactment of this ,act was 
lawful or otherwise permitted4  #c4     
,confidentiality of returns and return  
information under ,internal ,revenue    
,code of #aihf  7a7 ,in general ,section
 #fajc of the ,internal ,revenue ,code  
of #aihf is amended by redesignating    
subsection 7q7 as subsection 7r7 and by 
inserting after subsection 7p7 the      
following new subsection3  7q7          
,prohibition on disclosure to certain   
employees ,notwithstanding any other    
provision of this section1 no return or 
return information shall be disclosed by
 means of access to any public money    
receipt or payment system of the        
,department of the ,treasury 7including 
any payment system of the ,bureau of the
 ,fiscal ,service 7or any successor     
thereof77 to any individual described in
 subparagraph 7,b7 or 7,c7 of section   
#b7;a77#a7 of the ,protecting           

,americans' ,privacy ,act of #bjbe4  4  
7b7 ,civil damages for unauthorized     
inspection or disclosure  7#a7 ,in      
general ,subsection 7a7 of section #gdca
 of the ,internal ,revenue ,code of     
#aihf is amended by adding at the end   
the following new paragraph3  7#c7      
,inspection or disclosure by certain    
employees ,if any individual described  
in subparagraph 7,b7 or 7,c7 of section 
#b7;a77#a7 of the ,protecting           
,americans' ,privacy ,act of #bjbe      
knowingly1 or by reason of negligence1  
inspects or discloses any return or     
return information with respect to a    
taxpayer in violation of section        
#fajc7q71 such taxpayer may bring a     
civil action for damages against such   
person in a district court of the       
,united ,states4 ,in any action brought 
under this paragraph1 subsection        
7c77#a77;,a7 shall be applied by        
substituting #bej1jjj for #a1jjj4  4    
7#b7 ,conforming amendment ,paragraph   
7#a7 of section #gdca7;a7 of such ,code 

is amended by striking ,if any in       
paragraph 7#a7 and inserting ,except as 
provided in paragraph 7#c71 if any4  7c7
 ,no inference ,nothing in the          
amendments made by this section shall be
 construed as creating any inference as 
to whether any disclosure or inspection 
prior to the enactment of this ,act was 
lawful or permitted by section #fajc of 
the ,internal ,revenue ,code of #aihf4