[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4782 Reported in House (RH)]

<DOC>





                                                 Union Calendar No. 566
116th CONGRESS
  2d Session
                                H. R. 4782

                      [Report No. 116-683, Part I]

  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

                           December 21, 2020

  Additional sponsors: Ms. Titus, Mr. Taylor, Ms. Torres Small of New 
Mexico, Ms. Slotkin, Mrs. Axne, Mr. Gonzalez of Texas, Ms. Norton, Mr. 
                         Moulton, and Mr. Case

                           December 21, 2020

   Reported from the Committee on Homeland Security with an amendment
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

                           December 21, 2020

Committee on Energy and Commerce discharged; committed to the Committee 
 of the Whole House on the State of the Union and ordered to be printed
[For text of introduced bill, see copy of bill as introduced on October 
                               22, 2019]


_______________________________________________________________________

                                 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 Government 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, constitutional law, 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, and not fewer than 
                one individual shall be an expert in constitutional 
                law.
                    (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 have affected 
        activity on such 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, but only to the extent necessary to achieve 
                the purposes specified in subsection (b).
            (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 but only to the extent 
                necessary to achieve the purposes specified in 
                subsection (b);
                    (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 any such sharing, 
                disclosure, publishing, or transmission be reasonably 
                necessary for the report and 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.--Whether 
        or not the Commission receives proprietary information, 
        confidential business information, or a trade secret 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 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 and 
        innovation on online platforms.
    (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 that was carried out by a 
        foreign state actor 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 the primary purpose of which 
                        is to produce 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 end-to-end 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, phone number 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 an incident of violence in which an attacker selected a 
        particular target in order to inflict mass injury or death as 
        part of an act of domestic terrorism or international terrorism 
        or with no discernable political or ideological motivation 
        beyond mass injury or death. Acts of targeted violence include 
        the August 5, 2012, mass shooting at a Sikh temple in Oak 
        Creek, Wisconsin, 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, the October 27, 2018, 
        attack at a synagogue in Pittsburgh, Pennsylvania, and the 
        August 3, 2019, mass shooting at a store in El Paso, Texas.
                                                 Union Calendar No. 566

116th CONGRESS

  2d Session

                               H. R. 4782

                      [Report No. 116-683, Part I]

_______________________________________________________________________

                                 A BILL

  To establish a national commission on online platforms and homeland 
                   security, and for other purposes.

_______________________________________________________________________

                           December 21, 2020

   Reported from the Committee on Homeland Security with an amendment

                           December 21, 2020

Committee on Energy and Commerce discharged; committed to the Committee 
 of the Whole House on the State of the Union and ordered to be printed