[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4782 Introduced in House (IH)]
<DOC>
116th CONGRESS
1st Session
H. R. 4782
To establish a national commission on online platforms and homeland
security, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
October 22, 2019
Mr. Thompson of Mississippi (for himself, Mr. Rose of New York, Ms.
Barragan, Mrs. Watson Coleman, Ms. Clarke of New York, Mr. Richmond,
Mr. Payne, Mr. Langevin, Mr. Correa, and Mr. Cleaver) introduced the
following bill; which was referred to the Committee on Homeland
Security, and in addition to the Committee on Energy and Commerce, 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 establish a national commission on online platforms and homeland
security, 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 Act may be cited as the ``National Commission on Online
Platforms and Homeland Security Act''.
SEC. 2. NATIONAL COMMISSION ON ONLINE PLATFORMS AND HOMELAND SECURITY.
(a) Establishment of Commission.--There is established a National
Commission on Online Platforms and Homeland Security (referred to in
this section as the ``Commission'').
(b) Purposes.--The Commission shall--
(1) identify, examine, and report on the ways, if any, that
online platforms have been utilized in furtherance of acts of
targeted violence, including domestic terrorism and
international terrorism, or covert foreign state influence
campaigns; and
(2) identify, examine, and report on the ways, if any, that
free speech, privacy, civil rights, and civil liberties are
impacted by--
(A) any utilization of online platforms in
furtherance of acts of targeted violence, including
domestic terrorism and international terrorism, or
covert foreign state influence campaigns; and
(B) any policies, procedures, or activities
undertaken by owners and operators of online platforms
to prevent or limit the utilization of online platforms
in furtherance of acts of targeted violence, including
domestic terrorism and international terrorism, or
covert foreign state influence campaigns; and
(3) develop recommendations, as appropriate, for how online
platforms could address the utilization identified pursuant to
paragraph (1), if any, in ways that are transparent and
accountable, to promote free speech and innovation on the
internet, preserve individual privacy, civil rights, and civil
liberties, and uphold the principles of the Constitution, in
accordance with relevant existing statutes, including section
552a of title 5, United States Code (commonly referred to as
the Privacy Act of 1974), and take into account current or
anticipated trends and technological developments, such as
advancements in artificial intelligence.
(c) Composition of Commission.--
(1) Members.--The Commission shall be composed of 12
members, of whom--
(A) two members shall be appointed by the Committee
on Homeland Security in the House of Representatives,
with one member selected by the Chair and the other
selected by the Ranking Member;
(B) two members shall be appointed by the Committee
on Foreign Affairs in the House of Representatives,
with one member selected by the Chair and the other
selected by the Ranking Member;
(C) two members shall be appointed by the Committee
on Energy and Commerce in the House of Representatives,
with one member selected by the Chair and the other
selected by the Ranking Member;
(D) two members shall be appointed by the Committee
on Homeland Security and Governmental Affairs in the
Senate, with one member selected by the Chair and the
other selected by the Ranking Member;
(E) two members shall be appointed by the Committee
on Foreign Relations in the Senate, with one member
selected by the Chair and the other selected by the
Ranking Member; and
(F) two members shall be appointed by the Committee
on Commerce, Science, and Transportation in the Senate,
with one member selected by the Chair and the other
selected by the Ranking Member.
(2) Qualifications.--
(A) Areas of expertise.--Individuals appointed to
the Commission shall be United States persons with
experience in such professions as privacy, civil
rights, civil liberties, computer science and
engineering, digital media and communications, online
platform management, cybersecurity, information
operations, and national security. The appointment of
members to the Commission shall, to the extent
possible, be coordinated among nominations to ensure
Commission membership represents a variety of expertise
in such fields.
(B) Privacy, civil rights, and civil liberties.--
Not fewer than four individuals appointed to the
Commission shall be experts in the fields of privacy,
civil rights, or civil liberties.
(C) Non-government appointees.--An individual
appointed to the Commission may not be an officer or
employee of the Federal Government.
(D) Non-industry appointees.--An individual
appointed to the Commission may not be a current
officer, employee, contractor, or active or significant
shareholder of an entity that owns or operates an
online platform.
(3) Deadline for appointment.--Members of the Commission
shall be appointed not later than 30 days after the date of the
enactment of this Act.
(d) Chair.--The Chair shall be chosen from among the members
appointed to the Commission on the basis of their qualifications with
respect to privacy, civil rights, and civil liberties, through a vote
taken by a majority of Commission members or, in the absence of a
majority, by a plurality of Commission members.
(e) Initial Meeting.--The Commission shall meet and begin operating
not later than 30 days after the date of the appointment of its final
member.
(f) Quorum; Vacancies.--After its initial meeting, the Commission
shall meet upon the call of the Chair or a majority of its members.
Nine members of the Commission shall constitute a quorum, and members
shall have the option to vote by proxy. Any vacancy in the Commission
shall not affect its powers, but shall be filled in the same manner in
which the original appointment was made.
(g) Study Areas.--The Commission shall, consistent with the
purposes specified in subsection (b), analyze existing research that
relates to the utilization of online platforms in furtherance of acts
of targeted violence, including domestic terrorism and international
terrorism, or covert foreign state influence campaigns, identify any
areas with respect to which additional research is needed, and study
the following:
(1) The extent to which owners or operators of online
platforms have been able to respond effectively to attempts to
use online platforms in furtherance of acts of targeted
violence, including domestic terrorism and international
terrorism, or covert foreign state influence campaigns, and
what impact, if any, such responses have had on the privacy,
civil rights, or civil liberties of users.
(2) The ways, if any, that online platforms' algorithms or
other automated decision-making systems may impact privacy,
civil rights, or civil liberties, as well as how such
algorithms may affect activity on online platforms in
furtherance of acts of targeted violence, including domestic
terrorism and international terrorism, or covert foreign state
influence campaigns.
(3) The extent to which owners or operators of online
platforms have transparent, consistent, and equitable policies
and procedures to enforce terms of services or codes of
conduct, provide notice and an opportunity for redress, or
otherwise address violations of platform rules, including a
consideration of best practices for improving online platforms'
policies and procedures, including the recommendations
contained in the Santa Clara Principles on Transparency and
Accountability in Content Moderation, as published on February
2, 2018, or successor principles with respect to the extent and
impact of content removals and user suspensions and removals,
as well as principles related to the notice and appeals of such
decisions.
(4) The extent to which owners or operators of online
platforms consistently and effectively enforce the policies and
procedures described in paragraph (3).
(5) The extent to which owners or operators of online
platforms consider the potential use of online platforms in
furtherance of targeted violence, including domestic terrorism
and international terrorism, or covert foreign state influence
campaigns, when evaluating whether to enter into partnerships,
advertising agreements, or other business opportunities.
(h) Powers of Commission.--
(1) Hearings and evidence.--For the purpose of carrying out
this section, the Commission may--
(A) hold such hearings and sit and act at such
times and places, take such testimony, receive such
evidence, and administer such oaths; and
(B) require, by subpoena authorized by the majority
vote of the Commission, the attendance and testimony of
such witnesses and the production of such books,
records, correspondence, memoranda, papers, and
documents, as the Commission may determine advisable.
(2) Limitations on subpoena authority.--With respect to the
subpoena authority granted in paragraph (1)(B), the
Commission--
(A) may only issue a subpoena to an owner or
operator of an online platform;
(B) may not, under any circumstances, issue a
subpoena for information related to an individual user
or group of users;
(C) may not share, disclose, publish, or transmit
in any way any information obtained through subpoena to
a Federal department or agency, any agency of a State,
local, Tribal, or territorial government, or any
international body;
(D) may not share, disclose, publish, or transmit
in any way any information obtained through subpoena
with any individual or organization outside the
Commission unless three-fourths of Commission members
approve such action and that and that any such sharing,
disclosure, publishing, or transmission be reasonably
necessary to further the Commission's goals; and
(E) shall comply with requirements for the issuance
of a subpoena issued by a United States district court
under the Federal Rules of Civil Procedure.
(3) Public meetings and release of public versions of
reports.--
(A) In general.--The Commission shall--
(i) hold public hearings and meetings, as
appropriate;
(ii) hold closed or classified hearings or
meetings, as appropriate;
(iii) provide an opportunity for public
comment, including sharing of research and
policy analysis, through publication in the
Federal Register of a solicitation for public
comments during a period to last not fewer than
45 days; and
(iv) release a public version of the report
required under subsection (k)(2).
(B) Conduct.--Any public hearing, meeting, or
reporting of the Commission under this paragraph shall
be conducted in a manner consistent with the protection
of information provided to or developed for or by the
Commission as required by any applicable statute,
regulation, or Executive order.
(4) Obligation to protect personal information.--Whether or
not the Commission receives personally identifiable information
through the exercise of subpoena authority pursuant to
paragraph (1)(B), neither the Commission nor any member of the
Commission may publish, disclose, or release such information
publicly or to a Federal department or agency, an agency of a
State, local, Tribal, or territorial government, any
international body, or any other individual or organization
outside the Commission.
(5) Obligation to protect proprietary information.--In the
event that the Commission determines that information received
from an owner or operator of an online platform includes
confidential business information, a trade secret, or other
proprietary information, the Commission shall ensure such
information is not published, disclosed, or released to any
individual or organization outside the Commission.
(6) Coordination with and assistance to the under secretary
for science and technology of the department of homeland
security.--The Commission may, to the extent practicable--
(A) consult with the Under Secretary for Science
and Technology of the Department of Homeland Security
on the research conducted in accordance with section 3;
and
(B) provide assistance in furtherance of such
research, as appropriate.
(7) Personally identifiable information.--In providing
testimony or producing books, records, correspondence,
memoranda, papers, documents, or any other information or
materials to the Commission, either to comply with a subpoena
issued under this subsection or for any other purpose, owners
or operators of online platforms should review such information
or materials for personally identifiable information and should
remove such information.
(i) Staff of Commission.--The Chair, in consultation with the Vice
Chair, and in accordance with rules agreed upon by the Commission, may
appoint and fix the compensation of a staff director and such other
personnel as may be necessary to enable the Commission to carry out its
functions, without regard to the provisions of title 5, United States
Code, governing appointments in the competitive service, and without
regard to the provisions of chapter 51 and subchapter III of chapter 53
of such title relating to classification and General Schedule pay
rates, except that no rate of pay fixed under this subsection may
exceed the equivalent of that payable for a position at level V of the
Executive Schedule under section 5316 of title 5, United States Code.
(j) Security Clearances for Commission Members and Staff.--The
heads of appropriate Federal departments and agencies shall cooperate
with the Commission in expeditiously providing to Commission members
and staff appropriate security clearances to the extent practicable
pursuant to existing procedures and requirements, including temporary
security clearances, as appropriate. No person may be provided access
to classified information under this section without the appropriate
security clearance.
(k) Reports of Commission; Termination.--
(1) Interim reports.--Not later than one year after the
first meeting of the Commission, the Chair shall report to
Congress on the activities of the Commission and share interim
findings, as have been agreed to by a majority of Commission
members.
(2) Final report.--Not later than two years after the first
meeting of the Commission, the Chair shall submit to the
President and Congress a report that contains any findings and
recommendations agreed to by a majority of Commission members
to address the areas of study under subsection (g), including
relating to the following:
(A) Policy mechanisms that would address the
Commission's findings in a manner that promotes free
speech and innovation on the internet, preserves
individual privacy, civil rights, and civil liberties,
and upholds the principles of the Constitution.
(B) Policies and procedures that owners or
operators of online platforms could implement to
address such areas of study that preserve the
individual privacy, civil rights, and civil liberties
of online platform users.
(C) Mechanisms to improve transparency and
accountability related to the matters described in
subsection (g), including any best practices identified
pursuant to paragraph (3) of such subsection.
(D) Areas with respect to which additional research
is required, informed by the evaluation of prior
research, as required under subsection (g).
(E) Other matters identified by the majority of
Commission members.
(3) Termination.--The Commission shall terminate on the
date that is 90 days after the date on which the final report
under paragraph (2) is submitted.
(l) Action Plan.--Not later than 180 days after submission of the
final report of the Commission pursuant to paragraph (2) of subsection
(k), the Secretary of Homeland Security shall issue an action plan in
response to findings and recommendations under subparagraph (D) of such
paragraph.
(m) Paperwork Reduction Act Exemption.--Subchapter I of chapter 35
of title 44, United States Code, shall not apply to this section.
(n) Rule of Construction.--Nothing in this section may be construed
to confer any authority, including law enforcement authority, beyond
that which is authorized under existing law.
SEC. 3. RESEARCH.
(a) In General.--The Under Secretary for Science and Technology of
the Department of Homeland Security shall--
(1) analyze existing research regarding previous acts of
targeted violence, including domestic terrorism or
international terrorism;
(2) carry out research to better understand whether any
connection exists between the use of online platforms,
particularly platforms used for social media and social
networking, and targeted violence, including domestic terrorism
and international terrorism, that takes into consideration how
the organization, structure, and presentation of information on
an online platform contributes, or does not contribute, to acts
of targeted violence, including domestic terrorism or
international terrorism; and
(3) develop voluntary approaches that could be adopted by
owners and operators of online platforms to address research
findings under paragraph (2), while preserving the individual
privacy, civil rights, and civil liberties of users.
(b) Partnership.--In carrying out this section, the Under Secretary
for Science and Technology of the Department of Homeland Security
shall, to the extent practicable, coordinate with the National
Commission on Online Platforms and Homeland Security under section 2,
as well as academic institutions, non-profit organizations, the private
sector, and Federal, State, local, and Tribal partners, as appropriate.
(c) Report.--Not later than one year after the date of the
enactment of this section, the Under Secretary for Science and
Technology of the Department of Homeland Security shall submit to
Congress a report related to the research and development required
under subsection (a).
(d) Paperwork Reduction Act Exemption.--Subchapter I of chapter 35
of title 44, United States Code, shall not apply to this section.
SEC. 4. DEFINITIONS.
In this Act:
(1) Covert foreign state influence campaigns.--The term
``covert foreign state influence campaigns'' means the
coordinated and covert application of state diplomatic,
informational, military, economic, business, corruption,
educational, or other capability by foreign state actors to the
United States to affect elections in the United States.
(2) Domestic terrorism.--The term ``domestic terrorism''
has the meaning given such term in section 2331 of title 18,
United States Code.
(3) International terrorism.--The term ``international
terrorism'' has the meaning given such term in section 2331 of
title 18, United States Code.
(4) Online platform.--
(A) In general.--The term ``online platform'' means
internet-based information services consisting of the
storage and processing of information by and at the
request of a content provider and the dissemination of
such content to third parties.
(B) Exclusions.--Such term does not include the
following:
(i) Platforms that offer journalistic or
editorial content (not including editorial
decisions by online platforms to rank and
organize third party content).
(ii) Applications and functionalities that
enable private communications, such as email,
direct messages, and encrypted communication
services.
(iii) Online service providers at layers of
the internet infrastructure other than the
application layer, and cloud IT infrastructure
service providers.
(5) Personally identifiable information.--The term
``personally identifiable information'' means any information
about an individual elicited, collected, stored, or maintained
by an agency or owner or operator of an online platform,
including the following:
(A) Any information that can be used to distinguish
or trace the identity of an individual, such as a name,
a social security number, a date and place of birth, a
mother's maiden name, or biometric records.
(B) Any other information that is linked or
linkable to an individual, such as medical,
educational, financial, or employment information.
(6) Targeted violence.--The term ``targeted violence''
means any incident of violence in which an attacker selects a
particular target prior to the incident of violence so as to
suggest an intent to inflict mass injury or death and may be an
act of domestic terrorism or international terrorism, or an
attack that otherwise lacks a clearly discernible political or
ideological motivation, such as the June 12, 2016, nightclub
mass shooting in Orlando, Florida, the October 1, 2017, attack
on concert-goers at a music festival in Las Vegas, Nevada, and
the August 3, 2019, mass shooting at a store in El Paso, Texas.
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