Protecting Americans from Doxing and Political Violence Act

This Act may be cited as the “Protecting Americans from Doxing and Political Violence Act”.

(a) Definitions.— In this section:

(1) Applicable legislative officers.— The term applicable legislative officers means—

(A) with respect to a Member of the Senate or a designated Senate employee, the Sergeant at Arms and Doorkeeper of the Senate and the Secretary of the Senate, acting jointly; and

(B) with respect to a Member of, or Delegate or Resident Commissioner to, the House of Representatives or a designated House employee, the Sergeant at Arms of the House of Representatives and the Chief Administrative Officer of the House of Representatives, acting jointly.

(2) At-risk individual.— The term at-risk individual means—

(A) a Member of Congress;

(B) any individual who is the spouse, parent, sibling, or child of an individual described in subparagraph (A);

(C) any individual to whom an individual described in subparagraph (A) stands in loco parentis;

(D) any other individual living in the household of an individual described in subparagraph (A);

(E) any designated Senate employee;

(F) any designated House employee; or

(G) a former Member of Congress.

(3) Candidate.— The term candidate has the meaning given the term in section 301 of the Federal Election Campaign Act of 1971 (52 U.S.C. 30101).

(4) Covered employee.— The term covered employee has the same meaning given such term in section 101 of the Congressional Accountability Act of 1995 (2 U.S.C. 1301).

(5) Covered information.— The term covered information—

(A) means—

(i) a home address, including a primary residence or secondary residences;

(ii) a home or personal mobile telephone number;

(iii) a personal email address;

(iv) a social security number or driver’s license number;

(v) a bank account or credit or debit card number;

(vi) a license plate number or other unique identifier of a vehicle owned, leased, or regularly used by an at-risk individual;

(vii) the identification of a child, who is under 18 years of age, of an at-risk individual;

(viii) information regarding current or future school or day care attendance, including the name or addresses of the school or day care;

(ix) information regarding schedules of school or day care attendance or routes taken to or from the school or day care by an at-risk individual;

(x) information regarding routes taken to or from an employment location by an at-risk individual; or

(xi) precise geolocation data that is not anonymized and can identify the location of a device of an at-risk individual; and

(B) does not include information described in subparagraph (A) that is contained in—

(i) any report or other record required to be filed with the Federal Election Commission; or

(ii) any report or other record otherwise required under Federal or State law to be filed—

(I) by an individual to qualify as a candidate for the office of Member of Congress; or

(II) by any candidate for the office of Member of Congress.

(6) Data broker.—

(A) In general.— The term data broker means a commercial entity engaged in collecting, assembling, or maintaining personal information concerning an individual who is not a customer, client, or an employee of that entity in order to sell the information or otherwise profit from providing third-party access to the information.

(B) Exclusion.— The term data broker does not include a commercial entity engaged in the following activities:

(i) Engaging in reporting, news-gathering, speaking, or other activities intended to inform the public on matters of public interest or public concern.

(ii) Providing 411 directory assistance or directory information services, including name, address, and telephone number, on behalf of or as a function of a telecommunications carrier.

(iii) Using personal information internally, providing access to businesses under common ownership or affiliated by corporate control, or selling or providing data for a transaction or service requested by or concerning the individual whose personal information is being transferred.

(iv) Providing publicly available information via real-time or near-real-time alert services for health or safety purposes.

(v) A consumer reporting agency, only while engaging in activity subject to the Fair Credit Reporting Act (15 U.S.C. 1681 et seq.).

(vi) A financial institution subject to the Gramm-Leach-Bliley Act (Public Law 106–102) and regulations implementing that Act.

(vii) A covered entity for purposes of the privacy regulations promulgated under section 264(c) of the Health Insurance Portability and Accountability Act of 1996 (42 U.S.C. 1320d–2 note).

(viii) The collection and sale or licensing of covered information incidental to conducting the activities described in clauses (i) through (vii).

(7) Designated House employee.— The term designated House employee means—

(A) a covered employee designated in writing by—

(i) a Member of, or Delegate or Resident Commissioner to, the House of Representatives; or

(ii) an officer of the House of Representatives; or

(B) an officer of the House of Representatives.

(8) Designated Senate employee.— The term designated Senate employee means—

(A) a covered employee designated in writing by—

(i) a Member of the Senate; or

(ii) an officer of the Senate; or

(B) an officer of the Senate.

(9) Government agency.— The term Government agency includes—

(A) an Executive agency, as defined in section 105 of title 5, United States Code; and

(B) any agency in the judicial branch or legislative branch.

(10) Immediate family member.— The term immediate family member means an at-risk individual—

(A) who is the spouse, parent, sibling, or child of another at-risk individual;

(B) to whom another at-risk individual stands in loco parentis; or

(C) living in the household of another at-risk individual.

(11) Member of Congress.— The term Member of Congress means—

(A) a Member of the Senate; or

(B) a Member of, or Delegate or Resident Commissioner to, the House of Representatives.

(12) Transfer.— The term transfer means to sell, license, trade, or exchange for consideration the covered information of an at-risk individual.

(b) Government agencies.—

(1) In general.— Each at-risk individual may—

(A) file written notice of the status of the individual as an at-risk individual, for themselves and their immediate family members, with each Government agency that includes information necessary to ensure compliance with this section, as determined by the applicable legislative officers; and

(B) request that each Government agency described in subparagraph (A) mark as private their covered information and that of their immediate family members.

(2) No public posting.—

(A) In general.— Government agencies shall not publicly post or display publicly available content that includes covered information of an at-risk individual.

(B) Deadline.— Upon receipt of a request by an at-risk individual under paragraph (1)(B), a Government agency shall remove the covered information of the at-risk individual, and any immediate family member on whose behalf the at-risk individual submitted the request, from publicly available content not later than 72 hours after such receipt.

(3) Exceptions.— Nothing in this section shall prohibit a Government agency from providing access to records containing the covered information of an at-risk individual to a third party if the third party—

(A) possesses a signed release from the at-risk individual or a court order;

(B) is subject to the requirements of title V of the Gramm-Leach-Bliley Act (15 U.S.C. 6801 et seq.); or

(C) executes a confidentiality agreement with the Government agency.

(c) Delegation of authority.—

(1) In general.— An at-risk individual may directly, or through an agent designated by the at-risk individual, make any notice or request required or authorized by this section on behalf of the at-risk individual. The notice or request shall include information necessary to ensure compliance with this section.

(2) Authorization of legislative officers and employees to make requests.—

(A) Legislative officers.— Upon written request of a Member of Congress, designated Senate employee, or designated House employee, the applicable legislative officers are authorized to make any notice or request required or authorized by this section on behalf of the Member of Congress, designated Senate employee, or designated House employee, respectively. The notice or request shall include information necessary to ensure compliance with this section, as determined by the applicable legislative officers. Any notice or request made under this subparagraph shall be deemed to have been made by the Member of Congress, designated Senate employee, or designated House employee, as applicable, and comply with the notice and request requirements of this section.

(B) List.—

(i) In general.— In lieu of individual notices or requests, the applicable legislative officers may provide Government agencies, data brokers, persons, businesses, or associations with a list of—

(I) Members of Congress, designated Senate employees, and designated House employees making a written request described in subparagraph (A); and

(II) immediate family members of the Members of Congress, designated Senate employees, and designated House employees on whose behalf the written request was made.

(ii) Contents.— A list provided under clause (i) shall include information necessary to ensure compliance with this section, as determined by the applicable legislative officers for the purpose of maintaining compliance with this section.

(iii) Compliance with notice and request requirement.— A list provided under clause (i) shall be deemed to comply with individual notice and request requirements of this section.

(d) Data brokers and other businesses.—

(1) Prohibitions.—

(A) Data brokers.—

(i) Definitions.—

(I) Covered information.— For purposes of applying the term covered information in this subparagraph, “covered person” shall be substituted for “at-risk individual” each place it appears in subsection (a)(5).

(II) Covered person.— In this subparagraph, the term covered person means—

(aa) an individual that is located in the United States; or

(bb) a United States person, as defined in section 101 of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801).

(ii) Prohibition.— It shall be unlawful for a data broker to knowingly sell, license, trade for consideration, or purchase covered information of a covered person.

(iii) Enforcement.— The Attorney General or the attorney general (or equivalent thereof) of any State may file an action seeking injunctive or declaratory relief in any court of competent jurisdiction to enforce this subparagraph.

(B) Other businesses.—

(i) In general.— Except as provided in clause (ii), no person, business, or association shall publicly post or publicly display on the internet covered information of an at-risk individual if the at-risk individual, or an immediate family member on behalf of the at-risk individual, has made a written request to that person, business, or association to not disclose the covered information of the at-risk individual.

(ii) Exceptions.— Clause (i) shall not apply to—

(I) the display on the internet of the covered information of an at-risk individual if the information is relevant to and displayed as part of a news story, commentary, editorial, or other speech on a matter of public concern;

(II) covered information that the at-risk individual voluntarily publishes on the internet after the date of enactment of this Act; or

(III) covered information lawfully received from a Federal Government source (or from an employee or agent of the Federal Government).

(2) Required conduct.—

(A) In general.— After receiving a written request under paragraph (1)(B)(i), the person, business, or association shall—

(i) remove within 72 hours the covered information from the internet and ensure that the information is not made available on any website or subsidiary website controlled by that person, business, or association; and

(ii) ensure that the covered information of the at-risk individual is not made available on any website or subsidiary website controlled by that person, business, or association.

(B) Transfer.—

(i) In general.— Except as provided in clause (ii), after receiving a written request under paragraph (1)(B)(i), the person, business, or association shall not transfer the covered information of the at-risk individual to any other person, business, or association through any medium.

(ii) Exceptions.— Clause (i) shall not apply to—

(I) the transfer of the covered information of the at-risk individual if the information is relevant to and displayed as part of a news story, commentary, editorial, or other speech on a matter of public concern;

(II) covered information that the at-risk individual voluntarily publishes on the internet after the date of enactment of this Act; or

(III) a transfer made at the request of the at-risk individual or that is necessary to effectuate a request to the person, business, or association from the at-risk individual.

(e) Redress.— An at-risk individual whose covered information is made public as a result of a violation of this section may bring an action seeking injunctive or declaratory relief in any court of competent jurisdiction.

(f) Rules of construction.—

(1) In general.— Nothing in this section shall be construed—

(A) to prohibit, restrain, or limit—

(i) the lawful investigation or reporting by the press of any unlawful activity or misconduct alleged to have been committed by an at-risk individual;

(ii) the reporting on an at-risk individual regarding matters of public concern; or

(iii) the disclosure of information otherwise required under Federal law;

(B) to impair access to the actions or statements of a Member of Congress in the course of carrying out the public functions of the Member of Congress;

(C) to limit the publication or transfer of covered information with the written consent of the at-risk individual; or

(D) to prohibit information sharing by a data broker to a Federal, State, Tribal, or local government, or any unit thereof.

(2) Protection of covered information.— This section shall be broadly construed to favor the protection of the covered information of at-risk individuals.

(g) Severability.— If any provision of this section, or the application of such provision to any person or circumstance, is held to be unconstitutional, the remaining provisions of this section, and the application of the provision to any other person or circumstance, shall not be affected.