[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 7915 Introduced in House (IH)]

<DOC>






116th CONGRESS
  2d Session
                                H. R. 7915

To direct the Secretary of Homeland Security to design and establish a 
   pilot program to facilitate voluntary information sharing between 
   State, local, and regional fusion centers and certain technology 
   companies related to threats of imminent violence, and for other 
                               purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             July 31, 2020

  Mr. McCaul (for himself and Mr. Langevin) introduced the following 
  bill; which was referred to the Committee on the Judiciary, and in 
  addition to the Committee on Homeland Security, for a period to be 
subsequently determined by the Speaker, in each case for consideration 
  of such provisions as fall within the jurisdiction of the committee 
                               concerned

_______________________________________________________________________

                                 A BILL


 
To direct the Secretary of Homeland Security to design and establish a 
   pilot program to facilitate voluntary information sharing between 
   State, local, and regional fusion centers and certain technology 
   companies related to threats of imminent violence, and for other 
                               purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This bill can be referred to as the ``Protecting America through 
Information Sharing Act''.

SEC. 2. ESTABLISHMENT OF PILOT PROGRAM TO RESPOND TO THREATS OF 
              IMMINENT VIOLENCE.

    (a) Establishment of Pilot Program.--Not later than one year after 
enactment of this Act, the Secretary of Homeland Security, in 
consultation with the program manager of the information sharing 
environment defined in section 1016(a)(3) of the Intelligence Reform 
and Terrorism Prevention Act of 2004, the Attorney General, the Privacy 
Officer of the Department of Homeland Security, the Officer for Civil 
Rights and Civil Liberties of the Department of Homeland Security, the 
Office of the General Counsel of the Department of Homeland Security, 
and the Privacy and Civil Liberties Oversight Board, and other relevant 
agency heads, shall establish a pilot program to facilitate the 
voluntary sharing of information by social networking website companies 
regarding threats of imminent violence (hereinafter in this Act 
referred to as ``threats'') posted on such websites.
    (b) Principles.--Prior to establishing the pilot program, the 
Secretary shall consult with the entities described in subsection (a), 
social networking website companies, and civil liberty and privacy 
groups within 90 days of enactments to establish a policy framework to 
guide the activities of the pilot program. The framework shall include 
the following:
            (1) The sharing of information between social networking 
        website companies and law enforcement shall be consistent with 
        federally recognized information-sharing practices and utilize 
        the Nationwide Suspicious Activity Reporting (SAR) Initiative 
        (NSI).
            (2) Nothing in this pilot program shall require social 
        networking website companies to violate the website's internal 
        terms and conditions or to disclose any information to a 
        participant in the pilot program, beyond any existing legal 
        requirements as of the date of enactment of this Act.
            (3) The pilot program shall establish a basis for what is 
        determined to be a threat, and what the criteria are for 
        determining its credibility.
            (4) There is a policy framework established to protect the 
        disclosure of threat information.
            (5) Any framework established for sharing threat 
        information shall include the consultation of civil liberty and 
        privacy groups on a biannual basis to discuss the development 
        of a framework protecting civil liberties and privacy, and the 
        enforcement of policies guiding the pilot program in protecting 
        civil liberties and privacy consistent with existing law.
            (6) The pilot program is intended to focus on threats in 
        the United States, while permitting the data collection and 
        dissemination of all data whether international or domestic in 
        origin.
            (7) The pilot program shall not infringe on civil liberties 
        or privacy requirements consistent with existing law.
    (c) Structure.--In establishing this pilot program, the Secretary 
shall designate a Federal or SLTT law enforcement agency, or regional 
fusion center under section 210A of the Homeland Security Act of 2002, 
to serve as a centralized clearinghouse between social networking 
website companies and appropriate law enforcement.
    (d) Responsibility of Clearinghouse.--This clearinghouse shall be 
responsible for--
            (1) receiving threats from social networking website 
        companies and law enforcement regarding threats of imminent 
        violence found on social media whether international or 
        domestic;
            (2) analyzing such threats to turn such threats into 
        actionable intelligence or distribute such threats to relevant 
        Federal or SLTT law enforcement agencies for further analysis 
        whether international or domestic; and
            (3) disseminating such threats and actionable intelligence 
        gathered from social networking website companies and law 
        enforcement to appropriate Federal and SLTT law enforcement 
        agencies.
    (e) Criteria for Clearinghouse.--Fusion centers shall apply for 
consideration as the centralized clearinghouse. In choosing the 
centralized clearinghouse, the Secretary shall consider--
            (1) the entities' capacity to work in partnership with 
        social networking website companies and Federal, State and 
        local law enforcement entities;
            (2) the entities' capacity to disseminate threat 
        information in a timely manner to the appropriate Federal or 
        SLTT law enforcement agency;
            (3) similar existing programs that successfully leverage 
        relationships with social networking website companies and 
        Federal and SLTT law enforcement agencies to engage in 
        information sharing related to threats of imminent violence;
            (4) the capacity of the clearinghouse to utilize existing 
        information sharing networks; and
            (5) usage of existing, accredited information sharing 
        networks such as the Homeland Security Information Network.
    (f) Participation.--In establishing this pilot program, the 
Secretary shall conduct outreach to fusion centers, other law 
enforcement agencies and social networking website companies to educate 
them on the pilot program, and invite appropriate entities to 
participate in this voluntary program.

SEC. 3. OVERTIME PAY.

    Each member of the pilot program (other than those from 
participating social media networking website companies) (and each 
individual from any SLTT law enforcement agency working on the pilot 
program) shall remain as an employee of that member's or individual's 
respective agency for all purposes (including the purpose of 
performance review), and service with the pilot program shall be 
without interruption or loss of civil service privilege or status and 
on a nonreimbursable basis, except if appropriate to reimburse SLTT law 
enforcement agencies for overtime costs for an individual appointed to 
work with the resource team. Additionally, reimbursement of travel and 
per diem expenses will occur for SLTT law enforcement officers for 
purposes of activities engaged in only by reason of participation in 
the pilot program.

SEC. 4. LIMITATION ON LIABILITY.

    (a) In General.--No cause of action shall lie in any court--
            (1) against a social media website company or other private 
        entity for information provided in good faith regarding threats 
        of imminent violence in the course of participation in the 
        pilot program established in section 2(a);
            (2) against a social media website company or other private 
        entity for information withheld in good faith regarding threats 
        of imminent violence to the pilot program established in 
        section 2(a);
            (3) against the clearinghouse established in section 2(c) 
        or members of law enforcement for acting on a threat received 
        via the pilot program established in section 2(a); and
            (4) against the clearinghouse established in section 2(c) 
        or members of law enforcement for not acting on a threat 
        received via the pilot program established in section 2(a).
    (b) Intentional, Reckless, or Other Misconduct.--Subsection(a) does 
not apply to a claim if the social networking website company, or a 
director, officer, employee, parent, contractor, or agent of that 
social networking website company--
            (1) engaged in intentional misconduct; or
            (2) acted, or failed to act--
                    (A) with actual malice;
                    (B) with reckless disregard to a substantial risk 
                of causing injury without legal justification; or
                    (C) for a purpose unrelated to the performance of 
                any responsibility or function described in paragraph 
                (3).
    (c) Exception.--The limitation of liability as described in 
subsection (a)(1) and (a)(2) only applies should social networking 
website companies choose to participate in the pilot program as 
described in section 2(a).

SEC. 5. RULE OF CONSTRUCTION.

    (a) Social Networking Website Company Participation.--Nothing in 
this Act may be construed to require any social networking website, to 
participate in the pilot program or to disclose any information to a 
participant in the pilot program. No Federal or State liability, or any 
other actionable adverse consequence, may be imposed on such website 
company based on its decision not to do so.
    (b) Acting on a Reported Threat.--Nothing in this Act shall be 
construed to require any Federal or SLTT law enforcement agency to open 
an investigation or act in accordance with a threat received from the 
clearinghouse established in section 2(c). Any government action with 
respect to information received from the clearinghouse may only be 
taken consistent with existing authorities and obligations.
    (c) Consistent With Existing Law.--Information voluntarily shared 
by social networking website companies through the pilot program 
established in this Act shall remain in accordance with section 2702(c) 
of title 18, United States Code.
    (d) Protection of Civil Liberties.--The pilot program shall adhere 
to constitutional rights and existing laws on civil liberties and 
privacy.
    (e) Subscriber Data.--Information shared through the pilot program 
shall not include subscriber data as described in the Electronic 
Communications Privacy Act of 1986.

SEC. 6. REPORT.

    No later than 2 years after enactment, the Secretary, in 
consultation with entities participating in the pilot program, shall 
report to Congress on the pilot program established in section 2 that 
assesses--
            (1) the capability of social networking website companies 
        to identify public posts indicating threats of imminent 
        violence, and their capacity to share such threats with the 
        clearinghouse established as part of the pilot program;
            (2) the total number of notifications shared between 
        participating social networking website companies and the 
        clearinghouse of the pilot program regarding threats of 
        imminent violence;
            (3) the time it took participating social networking 
        website companies to flag threats of imminent violence posted 
        on their platforms to the clearinghouse;
            (4) the time it took the clearinghouse to convert threats 
        received from social networking website companies into 
        actionable intelligence;
            (5) the time it took the clearinghouse to disseminate 
        threats from social networking website companies to appropriate 
        law enforcement entities; and
            (6) to the extent practicable, the number of times a threat 
        passing through the clearinghouse led to an active law 
        enforcement response.

SEC. 7. DEFINITIONS.

    In this Act:
            (1) Social networking website company.--The term ``social 
        networking website company'' means a company that maintains an 
        internet website--
                    (A) that allows users, through the creation of web 
                pages or profiles or by other means, to provide 
                information about themselves or others that is 
                available to the public or to other users; or
                    (B) that offers a mechanism for communication with 
                other users, including any contractors or agents used 
                by the website company to act on behalf of the website 
                company in carrying out the purposes of this Act.
            (2) Threat of imminent violence.--The term ``threat of 
        imminent violence'' means any incident in which there is a 
        reasonable indication that an individual or group suggest an 
        intent to imminently inflict injury or death to oneself or 
        others, or terrorism as defined by section 2(18) of the 
        Homeland Security Act of 2002 (6 U.S.C. 101(18)) or an attack 
        that otherwise lacks a clearly discernible political or 
        ideological motivation.
            (3) SLTT law enforcement agency.--The term ``SLTT law 
        enforcement agency'' means a State, local, Tribal, or 
        territorial law enforcement agency.

SEC. 8. AUTHORIZATION OF APPROPRIATIONS.

    There is authorized to be appropriated $3,000,000 for each of 
fiscal years 2020 through 2021 to the Secretary of Homeland Security to 
carry out subsections (a), (e), and (f) of section 2 and to pay 
overtime; any amounts remaining at the conclusion of fiscal year 2021 
shall be transferred to the centralized clearinghouse to maintain the 
pilot program.
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