I 119THCONGRESS 1 STSESSION H. R. 1101 To prohibit unlawful access to the payment system of the Bureau of the Fiscal Service within the Department of the Treasury, and for other purposes. IN THE HOUSE OF REPRESENTATIVES FEBRUARY6, 2025 Ms. S TEVENS(for herself, Mr. CASTEN, Mr. WHITESIDES, Ms. VELA´ZQUEZ, Ms. S HERRILL, Mr. MOULTON, Ms. JACOBS, Ms. SA´NCHEZ, Ms. ADAMS, Mr. P ALLONE, Mr. FROST, Ms. DEANof Pennsylvania, Ms. NORTON, Mr. L ARSONof Connecticut, Mr. SUBRAMANYAM, Ms. BARRAGA´N, Mr. A UCHINCLOSS, Ms. TITUS, Mr. MEEKS, Mr. GARCIAof California, Ms. M CCOLLUM, Mr. AMO, Ms. WASSERMANSCHULTZ, Ms. JAYAPAL, Mr. B ISHOP, Mr. TURNERof Texas, Mr. COURTNEY, Ms. KELLYof Illinois, Mr. C LEAVER, Mr. LANDSMAN, Mr. DELUZIO, Mr. THOMPSONof Mis- sissippi, Mr. M OSKOWITZ, Mr. SOTO, Mr. CONNOLLY, Mr. HUFFMAN, Mr. D AVISof Illinois, Ms. MCCLELLAN, Ms. SCHAKOWSKY, Ms. CASTORof Florida, Ms. S CANLON, Mr. PANETTA, Mr. THANEDAR, Mr. PETERS, Mr. L IEU, Mrs. MCCLAINDELANEY, Mr. KRISHNAMOORTHI, Mr. NORCROSS, Mr. K EATING, Mrs. CHERFILUS-MCCORMICK, Mr. JEFFRIES, Mr. K HANNA, Mr. LATIMER, Mrs. TRAHAN, Ms. BUDZINSKI, Ms. TLAIB, Ms. W ILLIAMSof Georgia, Mr. SORENSEN, Mr. CARSON, Mr. STANTON, Mr. V ARGAS, Mr. GRIJALVA, Mr. MANNION, Mr. TAKANO, Ms. CRAIG, Ms. M ATSUI, Mr. COHEN, Mr. DESAULNIER, Mr. SWALWELL, Ms. PRESSLEY, Mr. C ASAR, Ms. ANSARI, Mr. MULLIN, Mr. EVANSof Pennsylvania, Mr. M CGARVEY, Mr. TONKO, Ms. ROSS, Mr. FOSTER, Mrs. FOUSHEE, Ms. P ELOSI, Mr. MRVAN, Ms. BROWN, Mr. HORSFORD, Ms. OMAR, Mr. P OCAN, Mrs. BEATTY, Ms. PINGREE, Mrs. MCBATH, Ms. BALINT, Mr. C ROW, Mr. IVEY, Ms. CHU, Mrs. SYKES, Mr. SCHNEIDER, Ms. D ELBENE, Ms. ELFRETH, Ms. KAPTUR, Mr. GOMEZ, Mrs. DINGELL, Mr. S HERMAN, Mr. MCGOVERN, Mr. LEVIN, Mr. THOMPSONof California, Ms. P OU, Mrs. FLETCHER, Mr. RASKIN, Ms. DELAURO, Mr. FIGURES, Mr. S COTTof Virginia, Ms. ESCOBAR, Ms. CROCKETT, Mr. MAGAZINER, Mr. K ENNEDYof New York, Mr. VEASEY, Mr. HIMES, Ms. MCDONALD R IVET, Mr. MORELLE, Mr. LICCARDO, Mr. LARSENof Washington, Mr. T RAN, Ms. FRIEDMAN, Mrs. MCIVER, Ms. BROWNLEY, Mr. VINDMAN, Ms. S ALINAS, Ms. LEGERFERNANDEZ, Mrs. TORRESof California, Mr. C LYBURN, Ms. STRICKLAND, Mr. MENENDEZ, Ms. LOISFRANKELof Florida, Mr. C ARBAJAL, Ms. RANDALL, Mrs. HAYES, Mr. CISNEROS, Ms. R IVAS, Mr. AGUILAR, Mr. GARCI´Aof Illinois, Ms. MORRISON, Ms. CLARK VerDate Sep 11 2014 00:08 Mar 06, 2025 Jkt 059200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6652 E:\BILLS\H1101.IH H1101 kjohnson on DSK7ZCZBW3PROD with $$_JOB 2 •HR 1101 IH of Massachusetts, Mr. MIN, and Mr. CASTROof Texas) introduced the following bill; which was referred to the Committee on Financial Services, and in addition to the Committee on Ways and Means, for a period to be subsequently determined by the Speaker, in each case for consider- ation of such provisions as fall within the jurisdiction of the committee concerned A BILL To prohibit unlawful access to the payment system of the Bureau of the Fiscal Service within the Department of the Treasury, and for other purposes. Be it enacted by the Senate and House of Representa-1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Taxpayer Data Protec-4 tion Act’’. 5 SEC. 2. LIMITATION ON ACCESS TO PAYMENT SYSTEM OF 6 BUREAU OF THE FISCAL SERVICE. 7 Section 321 of title 31, United States Code, is 8 amended by adding at the end the following: 9 ‘‘(e)(1) The Secretary may not allow any individual 10 to use, exercise administrative control over, or otherwise 11 access any Department of the Treasury public money re-12 ceipt or payment system (including any payment system 13 of the Bureau of the Fiscal Service (or any successor 14 thereof)), or any data from any such system, unless— 15 VerDate Sep 11 2014 00:08 Mar 06, 2025 Jkt 059200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H1101.IH H1101 kjohnson on DSK7ZCZBW3PROD with $$_JOB 3 •HR 1101 IH ‘‘(A) such individual is an officer, employee, or 1 contractor of the Department of the Treasury— 2 ‘‘(i) who is otherwise eligible to access such 3 system or data; 4 ‘‘(ii) whose most recent performance rating 5 was at the fully successful level or higher (or 6 the equivalent thereof); and 7 ‘‘(iii) who, as of the date of such access, 8 with respect to such an officer or employee has 9 occupied a position in the civil service (as that 10 term is defined in section 2101 of title 5), or 11 with respect to such a contractor has been per-12 forming under a contract with the Department, 13 for a period of at least one year; or 14 ‘‘(B) in the case of an individual not described 15 in subparagraph (A)— 16 ‘‘(i) such individual holds a security clear-17 ance at the appropriate level with respect to 18 such system or data and such clearance was 19 granted pursuant to the procedures established 20 under section 801 of the National Security Act 21 of 1947 (50 U.S.C. 3161)); 22 ‘‘(ii) such individual’s access to such sys-23 tem or data, or use thereof, does not constitute 24 VerDate Sep 11 2014 00:08 Mar 06, 2025 Jkt 059200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H1101.IH H1101 kjohnson on DSK7ZCZBW3PROD with $$_JOB 4 •HR 1101 IH a violation of section 208 of title 18 (deter-1 mined after the application of paragraph (2)); 2 ‘‘(iii) such individual is not a special Gov-3 ernment employee (as defined in section 202 of 4 title 18); 5 ‘‘(iv) such individual’s current continuous 6 service in the civil service (as that term is de-7 fined in section 2101 of title 5) as of the date 8 of such access is for a period of at least 1 year; 9 ‘‘(v) such individual has completed any re-10 quired training or compliance procedures with 11 respect to privacy laws and cybersecurity and 12 national security regulations and best practices; 13 and 14 ‘‘(vi) has signed a written ethics agreement 15 with either the Department of the Treasury or 16 the Office of Government Ethics. 17 ‘‘(2)(A) Any individual who accesses any system 18 or data described in paragraph (1) who is not other-19 wise an officer or employee of the executive branch 20 of the United States Government shall be treated as 21 an employee of the executive branch of the United 22 States Government for purposes of section 208 of 23 title 18. 24 VerDate Sep 11 2014 00:08 Mar 06, 2025 Jkt 059200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H1101.IH H1101 kjohnson on DSK7ZCZBW3PROD with $$_JOB 5 •HR 1101 IH ‘‘(B) For purposes of such section 208, exercise 1 of administrative control or stopping, canceling, ad-2 justing, holding, rejecting, changing, or otherwise 3 impacting any payment or data in any Department 4 of the Treasury public money receipt or payment 5 system (including any payment system of the Bu-6 reau of the Fiscal Service (or any successor there-7 of)), shall be considered personal and substantial 8 participation as a Government officer or employee in 9 a particular matter. 10 ‘‘(3) The Inspector General of the Department 11 of the Treasury shall investigate, and submit a re-12 port to Congress on such investigation, each in-13 stance of unauthorized use or other access of any 14 payment system described in paragraph (1). Any 15 such report shall be submitted not later than 30 16 days after any such instance and shall include— 17 ‘‘(A) a detailed description of the unau-18 thorized use or access, including any actions the 19 individual carried out; 20 ‘‘(B) a risk assessment of any threat to 21 privacy, national security, cybersecurity, or the 22 integrity of the applicable system as a result of 23 such unauthorized use or access; and 24 VerDate Sep 11 2014 00:08 Mar 06, 2025 Jkt 059200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H1101.IH H1101 kjohnson on DSK7ZCZBW3PROD with $$_JOB 6 •HR 1101 IH ‘‘(C) a detailed description of any stopped 1 payments during the unauthorized use or ac-2 cess.’’. 3 Æ VerDate Sep 11 2014 00:08 Mar 06, 2025 Jkt 059200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6301 E:\BILLS\H1101.IH H1101 kjohnson on DSK7ZCZBW3PROD with $$_JOB