DOGE BROS Act
- Bill Number
- S. 1819
- Origin Chamber
- Senate
- Congress
- 119th Congress, Session 1
- Policy Area
- Government Operations and Politics
- Status
- Introduced
- Latest Action
- 2025-05-20: Read twice and referred to the Committee on Homeland Security and Governmental Affairs.
- Last Updated
- 2025-05-30T13:11:22Z
AI-Generated Summary
Purpose
The "Defending Our Government's Electronic Data: Bolstering Responsible Oversight and Safeguards Act" (DOGE BROS Act) aims to strengthen protections for sensitive government data by increasing financial penalties for unauthorized access, use, or disclosure of personal and confidential information held by federal agencies. It targets violations related to privacy laws, computer hacking, and data handling to deter misconduct and enhance accountability.
Key Provisions
- Privacy Act Violations (Section 2): Increases civil penalties for improper maintenance, disclosure, or handling of federal records on individuals (under 5 U.S.C. § 552a, known as the Privacy Act) from $5,000 to $30,000 per violation.
- Unauthorized Computer Access (Section 3): Amends the Computer Fraud and Abuse Act (18 U.S.C. § 1030) to impose a maximum fine of $750,000 on individuals who access information from U.S. departments or agencies without permission, specifically for offenses involving government data.
- Social Security and Health Data Disclosures (Section 4): Raises fines for unauthorized disclosure of information held by the Social Security Administration (SSA) or Department of Health and Human Services (HHS) from $10,000 to $25,000 per violation (under the Social Security Act, 42 U.S.C. § 1306).
- Taxpayer Information Disclosures (Section 5): Increases penalties for wrongful disclosure of taxpayer data by IRS employees or others from $5,000 to $25,000 per violation across multiple subsections of the Internal Revenue Code (26 U.S.C. § 7213).
- Census Data Disclosures (Section 6): Boosts fines for wrongful release of census information from $5,000 to $25,000 (under 13 U.S.C. § 214).
Significant Changes to Existing Law
- All changes focus on escalating monetary fines without altering underlying definitions of offenses, criminal procedures, or imprisonment terms.
- The most notable adjustment is in the Computer Fraud and Abuse Act, which introduces a new subsection (k) setting a higher fine cap specifically for individual offenders targeting government systems, while preserving existing fine structures for other cases.
- These amendments update outdated penalty amounts (many unchanged since the 1970s or 1980s) to reflect inflation and increased data value, but do not expand the scope of what constitutes a violation.
Potential Impacts
- Government Agencies: Agencies like the IRS, SSA, HHS, and Census Bureau may see reduced internal and external data breaches due to stronger deterrence, potentially lowering costs from investigations and lawsuits. However, they could face higher administrative burdens in enforcing and tracking elevated penalties.
- Citizens: Individuals whose personal data (e.g., tax, health, Social Security, or census records) is protected will benefit from enhanced safeguards, increasing trust in federal data handling and reducing risks of identity theft or privacy invasions.
- International Relations: Minimal direct impact, though stricter penalties for hacking U.S. government systems could deter foreign actors or cybercriminals, indirectly supporting cybersecurity diplomacy.
Main Stakeholders Affected
- Federal Agencies and Employees: IRS, SSA, HHS, Census Bureau, and other data-holding entities, including their staff who handle sensitive information and risk personal liability for disclosures.
- Potential Violators: Hackers, insiders, contractors, or third parties who access or share government data without authorization, facing significantly higher financial consequences.
- Citizens and Data Subjects: U.S. residents whose personal, financial, health, or demographic information is stored in federal systems, gaining stronger protections.
- Law Enforcement and Courts: Prosecutors and judges who enforce these laws, with tools for steeper fines to pursue cases more aggressively.
Notable Legal, Constitutional, or Political Implications
- Legal: The bill reinforces existing privacy and cybersecurity frameworks without creating new crimes, ensuring compatibility with due process under the Fifth Amendment. Higher fines may encourage more civil settlements over criminal trials, streamlining enforcement.
- Constitutional: No apparent conflicts with First Amendment rights (e.g., free speech) or Fourth Amendment search protections, as it targets unauthorized actions rather than lawful disclosures. It upholds Congress's authority to regulate federal data under the Necessary and Proper Clause.
- Political: Introduced by a bipartisan group of senators (Democrats), it signals cross-party consensus on data security amid rising cyber threats. If enacted, it could set a precedent for periodic penalty inflation in federal statutes, influencing future privacy legislation like updates to the Privacy Act.
This summary was generated by AI and may contain inaccuracies. Refer to the official source document for the authoritative text.
Sponsor
Cosponsors (6)
Sen. Alsobrooks, Angela D. [D-MD], Sen. Kaine, Tim [D-VA], Sen. Lujan, Ben Ray [D-NM], Sen. Schiff, Adam B. [D-CA], Sen. Van Hollen, Chris [D-MD], Sen. Welch, Peter [D-VT]
Recent Actions
- 2025-05-20: Read twice and referred to the Committee on Homeland Security and Governmental Affairs.
- 2025-05-20: Introduced in Senate
Bill Versions
- Defending Our Government’s Electronic Data: Bolstering Responsible Oversight and Safeguards Act — issued 2025-05-20 — PDF (3 pages)