What changed between these versions
v2 significantly expands the scope of individuals protected under the bill by adding "designated Senate employees," "designated House employees," and "former Members of Congress" to the definition of "at-risk individual." It also introduces new definitions for these roles and clarifies exceptions for publicly available election-related information and data broker activities. These changes broaden the bill's protective reach and refine its application.
Overview
A handful of significant changes, primarily focused on definitions and delegation of authority, were made between v1 and v2. · The overall direction of v2 is an expansion of the categories of individuals protected by the bill, alongside clarifications to certain exclusions and operational procedures.
The most significant change in v2 is the expansion of the "at-risk individual" definition to include designated congressional staff and former Members of Congress, broadening the protective scope of the bill. This is supported by new definitions for "designated Senate employee" and "designated House employee." Additionally, v2 clarifies that certain publicly filed election-related information is not considered "covered information" and refines the data broker exclusion for consumer reporting agencies, while also expanding the authority of legislative officers to act on behalf of the newly protected groups.
Major additions
This new subsection introduces the definition of "candidate" by referencing section 301 of the Federal Election Campaign Act of 1971.
This definition is crucial for the newly added exclusion in the "covered information" definition, ensuring that information required for candidacy is not protected by this bill, thereby balancing security with transparency in political processes.
This new subsection defines "covered employee" by referencing section 101 of the Congressional Accountability Act of 1995.
This definition is foundational for the new "designated Senate employee" and "designated House employee" categories, establishing who can be designated for protection under the bill.
This new subsection defines "designated House employee" as a covered employee designated in writing by a Member of, or Delegate or Resident Commissioner to, the House of Representatives, or an officer of the House, or an officer of the House of Representatives.
This creates a new category of protected individuals, expanding security measures to a broader range of House staff beyond those identified by the Director of House Security in v1.
This new subsection defines "designated Senate employee" as a covered employee designated in writing by a Member of the Senate or an officer of the Senate, or an officer of the Senate.
This creates a new category of protected individuals, extending security measures to a broader range of Senate staff beyond those identified by the Director of Senate Security in v1.
This new subparagraph adds "a former Member of Congress" to the definition of an "at-risk individual."
This extends the bill's privacy protections to individuals who have previously served in Congress, recognizing ongoing security risks they may face even after leaving office.
This new subparagraph excludes information contained in reports or records required to be filed with the Federal Election Commission or otherwise required under Federal or State law to qualify as a candidate for Member of Congress from the definition of "covered information."
This carves out an important exception, ensuring that publicly mandated disclosures related to elections are not subject to the privacy protections of this bill, thereby balancing security with transparency in political processes.
Modifications
Legislative officers now have explicit authority to act on behalf of designated congressional staff for security purposes, streamlining the process for these employees to seek protection.
Before
Defined applicable legislative officers as acting jointly for a Member of the Senate or a Member of the House of Representatives.
After
Defines applicable legislative officers as acting jointly for a Member of the Senate or a designated Senate employee, or a Member of the House of Representatives or a designated House employee.
Significantly broadens the pool of individuals eligible for protection, including all designated staff and former Members, rather than only staff facing an "ongoing threat" as determined by security directors. This provides more proactive and comprehensive coverage.
Before
Included Members of Congress, their immediate family/household, and employees identified by the Director of Senate/House Security as targets of ongoing threats.
After
Includes Members of Congress, their immediate family/household, any designated Senate employee, any designated House employee, and a former Member of Congress.
Narrows the data broker exclusion for consumer reporting agencies, meaning they are only exempt when performing activities specifically covered by the Fair Credit Reporting Act, potentially subjecting other activities to the bill's prohibitions.
Before
Excluded "A consumer reporting agency subject to the Fair Credit Reporting Act (15 U.S.C. 1681 et seq.)."
After
Excludes "A consumer reporting agency, only while engaging in activity subject to the Fair Credit Reporting Act (15 U.S.C. 1681 et seq.)."
Designated congressional staff can now leverage legislative officers to make official requests for privacy protection, similar to Members of Congress, simplifying the process for them.
Before
Authorized legislative officers to make requests on behalf of a Member of Congress.
After
Authorized legislative officers to make requests on behalf of a Member of Congress, designated Senate employee, or designated House employee, respectively.
The centralized list mechanism for ensuring compliance now covers a broader range of protected individuals, including designated staff and their families, making it more efficient for Government agencies and data brokers to identify and protect their covered information.
Before
Allowed legislative officers to provide a list of Members of Congress and their immediate family members to ensure compliance.
After
Restructured and expanded the list provision to explicitly include Members of Congress, designated Senate employees, and designated House employees making a request, and their immediate family members.
Clarifies that the exception for information from Federal Government sources only applies if the information was lawfully obtained, potentially increasing accountability for businesses handling such data.
Before
Excepted "covered information received from a Federal Government source."
After
Excepts "covered information lawfully received from a Federal Government source."
Scope
Meaningful expansion or narrowing — Changes are concentrated in the definitions section (Section 1(a)) and the delegation of authority (Section 1(c)), which then broadly impact the application of the entire bill. — v2 represents a meaningful expansion of the categories of individuals protected by the bill, shifting from a reactive "identified threat" model for staff to a more proactive "designated employee" model, and extending protection to former Members. It also refines the balance between privacy and public transparency for election-related information. — The expanded definitions of "at-risk individual" and "applicable legislative officers" interact with nearly all other operative provisions of the bill, broadening their application. The new exclusion for "covered information" directly impacts the prohibitions on public posting and transfer.
Impact analysis
Congressional staff (Senate and House)
Gain; significantly expanded access to privacy protections.
In v1, only staff identified by security directors as targets of ongoing threats were protected. In v2, any "covered employee" who is "designated in writing" by a Member or officer is protected.
Former Members of Congress
Gain; new privacy protections.
Not protected in v1. Explicitly added as "at-risk individuals" in v2.
Individuals running for Congress (candidates)
Procedural clarification; ensures transparency requirements for candidacy are not inadvertently overridden.
In v1, it was ambiguous whether their publicly filed election information would be considered "covered information." In v2, such information is explicitly excluded from the definition of "covered information."
Data brokers
Procedural clarification; may lead to increased compliance requirements for certain activities.
The exclusion for consumer reporting agencies was narrowed in v2 to apply "only while engaging in activity subject to the Fair Credit Reporting Act."
Businesses and associations handling information from Federal Government sources
Procedural clarification; reinforces legal compliance standards.
The exception for publicly posting or displaying covered information from a Federal Government source now explicitly requires that the information be "lawfully" received.