[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6796 Introduced in House (IH)]

<DOC>






117th CONGRESS
  2d Session
                                H. R. 6796

  To provide for the establishment of the Bureau of Digital Services 
Oversight and Safety within the Federal Trade Commission, and for other 
                               purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           February 18, 2022

 Mrs. Trahan (for herself, Mr. Schiff, and Mr. Casten) introduced the 
   following bill; which was referred to the Committee on Energy and 
Commerce, and in addition to the Committees on Education and Labor, and 
   the Judiciary, 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 provide for the establishment of the Bureau of Digital Services 
Oversight and Safety within the Federal Trade Commission, 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; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Digital Services 
Oversight and Safety Act of 2022''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
Sec. 3. Bureau of Digital Services Oversight and Safety.
Sec. 4. Studies and investigations.
Sec. 5. Internal complaint-handling systems.
Sec. 6. Transparency regarding content moderation and related matters.
Sec. 7. Risk assessment and risk mitigation reporting.
Sec. 8. Guidance on best practices.
Sec. 9. Recommender systems.
Sec. 10. Independent research facilitation.
Sec. 11. Research fellowship program.
Sec. 12. Report and disclosure integrity.
Sec. 13. Enforcement by Federal Trade Commission.
Sec. 14. Authorization of appropriations.
Sec. 15. Rule of construction.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Advertisement.--The term ``advertisement'' means 
        information that is--
                    (A) designed to promote the message of a person, 
                irrespective of whether to achieve commercial or non-
                commercial purposes; and
                    (B) displayed by a provider of a covered platform 
                on the online interface of the platform for 
                remuneration specifically for promoting such 
                information.
            (2) Advertiser.--The term ``advertiser'' means a person who 
        purchases advertising services.
            (3) Advertising services.--The term ``advertising 
        services'' means tools, services, and interfaces provided by a 
        provider of a covered platform to place advertisements.
            (4) Biometric information.--
                    (A) In general.--The term ``biometric information'' 
                means any personal information generated from the 
                measurement or specific technological processing of an 
                individual's unique biological, physical, or 
                physiological characteristics.
                    (B) Inclusions.--The term ``biometric information'' 
                includes measurements of fingerprints, voice prints, 
                iris scans, facial characteristics, identifying DNA 
                (deoxyribonucleic acid) information, or other unique 
                biological characteristics, including any mathematical 
                code or algorithmic model generated or extracted from 
                measurements of such characteristics.
                    (C) Exclusions.--The term ``biometric information'' 
                does not include writing samples, written signatures, 
                photographs, demographic data, or physical descriptions 
                such as height, weight, hair color, or eye color.
            (5) Bureau.--The term ``Bureau'' means the Bureau of 
        Digital Services Oversight and Safety established under section 
        3(a).
            (6) Certified researcher.--The term ``certified 
        researcher'' means an individual certified under section 10(b).
            (7) Commission.--The term ``Commission'' means the Federal 
        Trade Commission.
            (8) Community standards.--The term ``community standards'' 
        means a policy adopted by a provider of a hosting service that 
        specifies, at a minimum, the user behavior and activities that 
        are permitted on the service and the user behavior and 
        activities that may subject a user or an item of content to a 
        content moderation action.
            (9) Constitutional lawyer.--The term ``constitutional 
        lawyer'' means a lawyer with expertise regarding the 
        interpretation, implementation, and amendment of, and how to 
        protect rights guaranteed by, the Constitution of the United 
        States and State constitutions.
            (10) Content moderation.--The term ``content moderation'' 
        means the activities undertaken by a provider of a hosting 
        service aimed at detecting, identifying, and addressing content 
        provided by users of such service that is illegal content or 
        content that is incompatible with the terms and conditions or 
        community standards of such provider, including measures taken 
        that affect--
                    (A) the availability, visibility, and accessibility 
                of such content, such as demotion of, disabling of 
                access to, or removal of such content; or
                    (B) the users' ability to provide such content, 
                such as the termination or suspension of a user's 
                account.
            (11) Covered platform.--
                    (A) In general.--The term ``covered platform'' 
                means a hosting service--
                            (i) that disseminates to the public 
                        information; and
                            (ii) to which a designation by the 
                        Commission under subparagraph (B) applies.
                    (B) Designation.--
                            (i) In general.--The Commission shall 
                        verify, at least every 2 years, whether the 
                        number of average monthly active users in the 
                        United States of each hosting service provided 
                        by a provider described in paragraph (22) is 
                        equal to or greater than the number described 
                        in subparagraph (D). On the basis of the 
                        verification, the Commission shall adopt a 
                        decision designating the service as a covered 
                        platform for the purposes of this Act (if the 
                        number of average monthly active users of the 
                        service in the United States is equal to or 
                        greater than the number described in 
                        subparagraph (D)), or terminating such 
                        designation (if the number of average monthly 
                        active users of the service in the United 
                        States is less than the number described in 
                        subparagraph (D) and a previous designation 
                        under this subparagraph applies to the 
                        service), and communicate such decision, 
                        without undue delay, to the provider.
                            (ii) Applicability.--A designation under 
                        this subparagraph shall apply, or cease to 
                        apply, beginning on the date that is 4 months 
                        after the publication of the designation on, or 
                        the removal of the designation from, the list 
                        under subparagraph (C).
                    (C) Publication of list of designated covered 
                platforms.--The Commission shall ensure that the list 
                of covered platforms designated under subparagraph (B) 
                is published on the website of the Commission and keep 
                such list updated.
                    (D) Number of average monthly active users 
                described.--The number of average monthly active users 
                described in this subparagraph is 10,000,000.
                    (E) Adjustment.--When the population of the United 
                States increases or decreases since the last adjustment 
                under this subparagraph (or, before the first 
                adjustment under this subparagraph is made, since the 
                date of the enactment of this Act) by 5 percent or 
                more, the Commission shall adjust the number described 
                in subparagraph (D) so that such number is equal to 3 
                percent of the United States population at the time of 
                the adjustment, rounded up or down to the nearest 
                million.
                    (F) Methodology.--Not later than 6 months after the 
                date of the enactment of this Act, the Commission shall 
                issue regulations under section 553 of title 5, United 
                States Code, to create a methodology for calculating 
                the number of average monthly active users of a hosting 
                service in the United States for purposes of this 
                paragraph and paragraph (18). The methodology shall 
                specify, in particular, how to determine the United 
                States population and criteria to determine the number 
                of average monthly active users of a hosting service in 
                the United States, taking into account different 
                accessibility features and business relationships.
                    (G) Exception.--The term ``covered platform'' does 
                not include a hosting service with respect to which the 
                dissemination to the public of information is merely a 
                minor and purely ancillary feature of another service, 
                if such feature cannot, for objective technical 
                reasons, be used without such other, principal service, 
                and the integration of such feature is not a means to 
                circumvent the applicability of this Act and the 
                regulations issued under this Act. Such an ancillary 
                feature may include a feature such as the comments 
                section in an online newspaper, where it is clear that 
                it is ancillary to the main service represented by the 
                publication of news under the editorial responsibility 
                of the publisher.
            (12) Deidentify.--The term ``deidentify'' means, with 
        respect to information, to take an action so that the 
        information cannot reasonably be used to infer information 
        about, or otherwise be linked to, an individual, a household, 
        or a device used by an individual or a household.
            (13) Disseminate to the public.--The term ``disseminate to 
        the public'' means, with respect to information provided by a 
        user of a covered platform, to make the information available, 
        at the request of the user, to a potentially unlimited number 
        of third parties.
            (14) Hosting service.--The term ``hosting service'' means 
        an interactive computer service that--
                    (A) stores information provided by, and at the 
                request of, a user of the service; and
                    (B) at any point during the preceding 2 calendar 
                years, was owned or controlled by an entity with net 
                annual sales or a market capitalization greater than 
                $2,500,000, adjusted annually for inflation on the 
                basis of the Consumer Price Index.
            (15) Illegal content.--The term ``illegal content'' means 
        any information, which, in itself or by its reference to an 
        activity, including the sale of products or provision of 
        services, is not in compliance with Federal law.
            (16) Influencer marketing.--The term ``influencer 
        marketing'' means a practice by which a company compensates an 
        individual who is considered by the company to have the 
        potential to review, promote, or sell a product or service 
        online to an intended target audience.
            (17) Interactive computer service.--The term ``interactive 
        computer service'' has the meaning given such term in section 
        230(f) of the Communications Act of 1934 (47 U.S.C. 230(f)).
            (18) Large covered platform.--
                    (A) In general.--The term ``large covered 
                platform'' means a hosting service--
                            (i) that disseminates to the public 
                        information; and
                            (ii) to which a designation by the 
                        Commission under subparagraph (B) applies.
                    (B) Designation.--
                            (i) In general.--The Commission shall 
                        verify, at least every 2 years, whether the 
                        number of average monthly active users in the 
                        United States of each hosting service provided 
                        by a provider described in paragraph (22) is 
                        equal to or greater than the number described 
                        in subparagraph (D). On the basis of the 
                        verification, the Commission shall adopt a 
                        decision designating the service as a large 
                        covered platform for the purposes of this Act 
                        (if the number of average monthly active users 
                        of the service in the United States is equal to 
                        or greater than the number described in 
                        subparagraph (D)), or terminating such 
                        designation (if the number of average monthly 
                        active users of the service in the United 
                        States is less than the number described in 
                        subparagraph (D) and a previous designation 
                        under this subparagraph applies to the 
                        service), and communicate such decision, 
                        without undue delay, to the provider.
                            (ii) Applicability.--A designation under 
                        this subparagraph shall apply, or cease to 
                        apply, beginning on the date that is 4 months 
                        after the publication of the designation on, or 
                        the removal of the designation from, the list 
                        under subparagraph (C).
                    (C) Publication of list of designated large covered 
                platforms.--The Commission shall ensure that the list 
                of large covered platforms designated under 
                subparagraph (B) is published on the website of the 
                Commission and keep such list updated.
                    (D) Number of average monthly active users 
                described.--The number of average monthly active users 
                described in this subparagraph is 66,000,000.
                    (E) Adjustment.--When the population of the United 
                States increases or decreases since the last adjustment 
                under this subparagraph (or, before the first 
                adjustment under this subparagraph is made, since the 
                date of the enactment of this Act) by 5 percent or 
                more, the Commission shall adjust the number described 
                in subparagraph (D) so that such number is equal to 20 
                percent of the United States population at the time of 
                the adjustment, rounded up or down to the nearest 
                million.
                    (F) Exception.--The term ``large covered platform'' 
                does not include a hosting service with respect to 
                which the dissemination to the public of information is 
                merely a minor and purely ancillary feature of another 
                service, if such feature cannot, for objective 
                technical reasons, be used without such other, 
                principal service, and the integration of such feature 
                is not a means to circumvent the applicability of this 
                Act and the regulations issued under this Act. Such an 
                ancillary feature may include a feature such as the 
                comments section in an online newspaper, where it is 
                clear that it is ancillary to the main service 
                represented by the publication of news under the 
                editorial responsibility of the publisher.
            (19) Office.--The term ``Office'' means the Office of 
        Independent Research Facilitation established under section 
        10(a).
            (20) Personal health information.--The term ``personal 
        health information'' includes personal information that--
                    (A) relates to the physical or mental health or 
                condition of an individual or the provision of health 
                care to an individual;
                    (B) is processed for the purpose or in the course 
                of providing health or wellness services; or
                    (C) is derived from the testing or examination of a 
                body part or bodily substance, including from genetic 
                data and biological samples.
            (21) Precise geospatial information.--
                    (A) In general.--The term ``precise geospatial 
                information'' means information derived from a consumer 
                device through any technology that is capable of 
                determining with specificity the spatial location of a 
                person or device, such as latitude-longitude 
                coordinates with an accuracy level of below 1,750 feet 
                provided by GPS, triangulated location provided by 
                network radios or beacons such as Wi-Fi, or other 
                technologies and inferences.
                    (B) Exclusion.--The term ``precise geospatial 
                information'' does not include information that is or 
                will be altered prior to subsequent processing such 
                that the physical location of an individual or device 
                cannot be determined with specificity.
            (22) Provider.--The term ``provider'' means, with respect 
        to a hosting service, covered platform, or large covered 
        platform, a person, partnership, or corporation over which the 
        Commission has authority pursuant to section 6(a) of the 
        Federal Trade Commission Act (15 U.S.C. 46(a)) that provides 
        such service or platform.
            (23) Public content.--The term ``public content'' means 
        information on a covered platform that is available to a 
        potentially unlimited number of third parties. Such term does 
        not exclude information merely because an individual must log 
        into an account in order to see the information.
            (24) Recognized place.--The term ``recognized place'' means 
        any of the following:
                    (A) Each of the 50 States, the District of 
                Columbia, the Commonwealth of Puerto Rico, Guam, 
                American Samoa, the Commonwealth of the Northern 
                Mariana Islands, and the Virgin Islands of the United 
                States.
                    (B) Each noncontiguous area of Indian country (as 
                defined in section 1151 of title 18, United States 
                Code).
                    (C) A county, municipality, city, town, township, 
                village, borough, or similar unit of general government 
                that is--
                            (i) incorporated pursuant to a State law; 
                        or
                            (ii) an incorporated place (as such term is 
                        defined in the most recent glossary of the 
                        Bureau of the Census).
                    (D) A census designated place (as such term is 
                defined in the most recent glossary of the Bureau of 
                the Census).
                    (E) A congressional district.
                    (F) A country.
            (25) Recommender system.--The term ``recommender system'' 
        means a fully or partially automated system used on a covered 
        platform to suggest in the online interface of the platform 
        specific information to users of the platform, including as a 
        result of a search initiated by a user or otherwise determining 
        the relative order or prominence of information displayed.
            (26) Sociotechnical expert.--The term ``sociotechnical 
        expert'' means an information science researcher, privacy or 
        human rights advocate, international data governance expert, 
        sociologist, psychologist, ethicist, language scholar, 
        statistician, user interface designer, child development 
        scholar, or an individual with expertise in another related 
        field or application.
            (27) State.--The term ``State'' means each State of the 
        United States, the District of Columbia, each commonwealth, 
        territory, or possession of the United States, and each 
        federally recognized Indian Tribe.
            (28) Technologist.--The term ``technologist'' means an 
        individual with training and expertise regarding the state of 
        the art in information technology, information security, 
        network security, software development, computer science, 
        computer engineering, or another related field or application.
            (29) Terms and conditions.--The term ``terms and 
        conditions'' means all terms and conditions or specifications, 
        irrespective of their name or form, which govern the 
        contractual relationship between the provider of a hosting 
        service and users of the service.

SEC. 3. BUREAU OF DIGITAL SERVICES OVERSIGHT AND SAFETY.

    (a) Establishment.--Not later than 6 months after the date of the 
enactment of this Act, the Commission shall establish an administrative 
unit in the Commission to be known as the ``Bureau of Digital Services 
Oversight and Safety'', which shall carry out such duties of the 
Commission under this Act, and such other duties relating to hosting 
services, as the Commission considers appropriate.
    (b) Appointments.--
            (1) Director.--The Bureau shall be headed by a Director, 
        who shall be appointed by the Commission.
            (2) Personnel.--
                    (A) In general.--The Director of the Bureau shall, 
                without regard to the civil service laws (including 
                regulations), establish at least 500 positions in the 
                Bureau and appoint certified professionals to such 
                positions to carry out the duties of the Bureau. The 
                Director may fix the rate of basic pay for such 
                positions at any rate up to the annual rate of basic 
                pay for Level I of the Executive Schedule under section 
                5312 of title 5, United States Code.
                    (B) Technologists.--In appointing certified 
                professionals under subparagraph (A), the Director 
                shall appoint at least 80 technologists.
                    (C) Sociotechnical experts.--In appointing 
                certified professionals under subparagraph (A), the 
                Director shall appoint at least 80 sociotechnical 
                experts.
                    (D) Constitutional lawyers.--In appointing 
                certified professionals under subparagraph (A), the 
                Director shall appoint at least 15 constitutional 
                lawyers.

SEC. 4. STUDIES AND INVESTIGATIONS.

    (a) Sense of Congress Regarding Use of Section 6(b) Authority.--It 
is the sense of Congress that the Commission should do the following:
            (1) Use the authority of the Commission under section 6(b) 
        of the Federal Trade Commission Act (15 U.S.C. 46(b)), on an 
        ongoing basis, to conduct investigative studies of providers of 
        hosting services.
            (2) Provide the Bureau with adequate authority and 
        resources to conduct such investigative studies.
            (3) Conduct such investigative studies to gain a better 
        understanding of the following systemic risks:
                    (A) The dissemination of illegal content or illegal 
                goods, or the facilitation of illegal activity, through 
                a hosting service.
                    (B) Discrimination against individuals based on 
                race, color, religion or creed, national origin or 
                ancestry, sex (including gender, pregnancy status, 
                sexual orientation, or gender identity), age, physical 
                or mental disability, veteran status, genetic 
                information, or citizenship by, or resulting from the 
                activities of, a provider of a hosting service.
                    (C) Any malfunctioning or intentional manipulation 
                of a hosting service, including by means of inauthentic 
                use or coordinated, automated, or other exploitation of 
                the service or risks inherent to the intended operation 
                of the service, including the amplification of illegal 
                content, and of content that is in breach of the 
                community standards of the provider of the service and 
                has an actual or foreseeable negative effect on the 
                protection of public health, minors, civic discourse, 
                electoral processes, public security, or the safety of 
                vulnerable and marginalized communities.
    (b) Whistleblower Protections.--
            (1) Definitions.--In this subsection:
                    (A) Covered person.--The term ``covered person'' 
                means a person who is--
                            (i) a provider of a hosting service;
                            (ii) an officer, employee, contractor, 
                        subcontractor, or agent of a provider of a 
                        hosting service; or
                            (iii) an officer, employee, or agent of a 
                        contractor or subcontractor of a provider of a 
                        hosting service.
                    (B) Protected individual.--The term ``protected 
                individual'' means an individual who is--
                            (i) an officer, employee, contractor, 
                        subcontractor, or agent of a provider of a 
                        hosting service;
                            (ii) an officer, employee, or agent of a 
                        contractor or subcontractor of a provider of a 
                        hosting service; or
                            (iii) a certified researcher.
            (2) Whistleblower protection.--
                    (A) In general.--A covered person may not 
                discharge, demote, suspend, threaten, harass, or in any 
                other manner discriminate against (in the terms and 
                conditions of employment or otherwise) a protected 
                individual if such discrimination is due, in whole or 
                in part, to the protected individual's lawful, good 
                faith act done, or perceived by the covered person to 
                have been done or about to be done, because the 
                protected individual--
                            (i) provides information, causes 
                        information to be provided, or otherwise 
                        assists in an investigation regarding any 
                        conduct which the protected individual 
                        reasonably believes constitutes a violation of 
                        this Act or the regulations issued by the 
                        Commission under this Act when the information 
                        or assistance is provided to or the 
                        investigation is conducted by--
                                    (I) a Federal regulatory or law 
                                enforcement agency;
                                    (II) any Member of Congress or any 
                                committee of Congress; or
                                    (III) in the case of a protected 
                                individual who is an employee of a 
                                provider of a hosting service or of a 
                                contractor or subcontractor of such a 
                                provider, a person with supervisory 
                                authority over the employee (or such 
                                other person working for the provider, 
                                contractor, or subcontractor who has 
                                the authority to investigate, discover, 
                                or terminate misconduct); or
                            (ii) files, causes to be filed, testifies 
                        in, participates in, or otherwise assists in a 
                        proceeding filed or about to be filed relating 
                        to an alleged violation of this Act or the 
                        regulations issued by the Commission under this 
                        Act.
                    (B) Prohibition on service discrimination.--In 
                addition to the discrimination prohibited by 
                subparagraph (A), a provider of a hosting service may 
                not condition, degrade, or otherwise discriminate in 
                the provision of a service or product to a protected 
                individual because the protected individual engaged in 
                any action described in clause (i) or (ii) of such 
                subparagraph.
            (3) Enforcement action.--
                    (A) In general.--A protected individual who alleges 
                discharge or other discrimination by any covered person 
                in violation of paragraph (2) may seek relief under 
                paragraph (4) by--
                            (i) filing a complaint with the Secretary 
                        of Labor; or
                            (ii) if the Secretary has not issued a 
                        final decision within 180 days after the filing 
                        of the complaint under clause (i) and there is 
                        no showing that such delay is due to the bad 
                        faith of the protected individual, bringing an 
                        action at law or equity for de novo review in 
                        the appropriate district court of the United 
                        States, which shall have jurisdiction over such 
                        an action without regard to the amount in 
                        controversy.
                    (B) Procedure.--
                            (i) In general.--Any proceeding with 
                        respect to a complaint under subparagraph 
                        (A)(i) shall be governed under the rules and 
                        procedures set forth in section 42121(b) of 
                        title 49, United States Code.
                            (ii) Exception.--Notification made under 
                        section 42121(b)(1) of title 49, United States 
                        Code, shall be made to the covered person named 
                        in the complaint and, in the case of a 
                        complaint filed by a protected individual who 
                        is an employee of a provider of a hosting 
                        service or of a contractor or subcontractor of 
                        such a provider, to the provider, contractor, 
                        or subcontractor.
                            (iii) Burdens of proof.--An action brought 
                        under subparagraph (A)(ii) shall be governed by 
                        the legal burdens of proof set forth in section 
                        42121(b) of title 49, United States Code.
                            (iv) Statute of limitations.--A complaint 
                        under subparagraph (A)(i) shall be filed not 
                        later than 180 days after the later of--
                                    (I) the date on which the violation 
                                occurs; or
                                    (II) the date on which the 
                                protected individual becomes aware of 
                                the violation.
                            (v) Jury trial.--A party to an action 
                        brought under subparagraph (A)(ii) shall be 
                        entitled to trial by jury.
            (4) Relief.--
                    (A) In general.--A protected individual prevailing 
                in any proceeding or action under paragraph (3)(A) 
                shall be entitled to all relief necessary to make the 
                protected individual whole, including compensation for 
                any special damages sustained as a result of the 
                discrimination, including litigation costs, expert 
                witness fees, and reasonable attorney fees.
                    (B) For employees.--In the case of a protected 
                individual who is an employee of a provider of a 
                hosting service or of a contractor or subcontractor of 
                such a provider, if the employee prevails in any 
                proceeding or action under paragraph (3)(A) against the 
                provider, contractor, or subcontractor, relief under 
                subparagraph (A) of this paragraph may include--
                            (i) reinstatement with the same seniority 
                        status that the employee would have had, but 
                        for the discrimination; and
                            (ii) the amount of back pay, with interest.
            (5) Rights retained by protected individual.--Nothing in 
        this subsection shall be construed to diminish the rights, 
        privileges, or remedies of any protected individual under any 
        Federal or State law, or under any collective bargaining 
        agreement.
            (6) Nonenforceability of certain provisions waiving rights 
        and remedies or requiring arbitration of disputes.--
                    (A) Waiver of rights and remedies.--The rights and 
                remedies provided for in this subsection may not be 
                waived, including by a predispute arbitration 
                agreement.
                    (B) Predispute arbitration agreements.--No 
                predispute arbitration agreement shall be valid or 
                enforceable, if the agreement requires arbitration of a 
                dispute arising under this subsection.
            (7) No conditional service.--A provider of a hosting 
        service may not condition, degrade, or otherwise discriminate 
        in the provision of a service or product to a protected 
        individual based on the protected individual's waiver of or 
        refusal to waive any right or remedy provided for in this 
        subsection.
            (8) Prohibition on disclosure of identity of protected 
        individual.--
                    (A) By federal agencies.--Except with the written 
                consent of the protected individual, an agency (as 
                defined in section 552(f) of title 5, United States 
                Code) may not disclose any information that may be used 
                to identify a protected individual who has provided 
                information about an alleged violation of this Act or 
                the regulations issued by the Commission under this 
                Act, except in accordance with the provisions of 
                section 552a of title 5, United States Code, unless and 
                until required to be disclosed to a defendant or 
                respondent in connection with a public proceeding 
                instituted by the agency. Any information that may be 
                used to identify a protected individual shall be exempt 
                from disclosure under section 552(b)(3)(B) of title 5, 
                United States Code.
                    (B) By covered persons.--Except with the written 
                consent of the protected individual, a covered person 
                may not disclose any information that may be used to 
                identify a protected individual who has provided 
                information about an alleged violation of this Act or 
                the regulations issued by the Commission under this 
                Act, unless and until required to be disclosed by law 
                (including pursuant to an order issued by a court of 
                competent jurisdiction).
    (c) Interagency Reports.--
            (1) In general.--Upon request by an agency described in 
        paragraph (2), the Commission may, at the discretion of the 
        Commission--
                    (A) investigate conduct by a provider of a hosting 
                service that may be unlawful under a provision of law 
                enforced by or a regulation issued by such agency; and
                    (B) issue a report to such agency on the results of 
                the investigation.
            (2) Agencies described.--The agencies described in this 
        paragraph are the following:
                    (A) The Department of Education.
                    (B) The Department of Labor.
                    (C) The Department of Housing and Urban 
                Development.
                    (D) The Department of Commerce.
                    (E) The Department of Health and Human Services.
                    (F) The Department of Veterans Affairs.
                    (G) The Equal Employment Opportunity Commission.
                    (H) The Bureau of Consumer Financial Protection.
                    (I) The Federal Communications Commission.
                    (J) The Federal Election Commission.
                    (K) The Department of State.
            (3) Public availability of reports.--A report issued by the 
        Commission under paragraph (1) shall be made publicly available 
        by the Commission consistent with section 552 of title 5, 
        United States Code (commonly known as the ``Freedom of 
        Information Act'').

SEC. 5. INTERNAL COMPLAINT-HANDLING SYSTEMS.

    (a) In General.--Not later than 1 year after the date of the 
enactment of this Act, the Commission shall issue regulations under 
section 553 of title 5, United States Code, that require a provider of 
a covered platform to provide a user of the platform, for a period of 
at least 6 months after a content moderation action described in 
subsection (b) with respect to information provided by the user, with 
access to an internal complaint-handling system that allows the user to 
appeal the content moderation action.
    (b) Covered Content Moderation Actions.--The content moderation 
actions described in this subsection are the following:
            (1) A decision to remove or disable access to the 
        information.
            (2) A decision to suspend or terminate the provision of the 
        service, in whole or in part, to the user.
            (3) A decision to suspend or terminate the user's account.
    (c) Requirements.--In issuing regulations under subsection (a), the 
Commission shall require a provider of a covered platform to do the 
following:
            (1) To ensure that the internal complaint-handling system 
        is easy to access (including for individuals with 
        disabilities), is user-friendly, and enables and facilitates 
        the submission of sufficiently precise and adequately 
        substantiated complaints.
            (2) To ensure that the internal complaint-handling system 
        is available in each language in which the covered platform 
        operates.
            (3) To handle complaints submitted through the internal 
        complaint-handling system in a timely, diligent, and objective 
        manner.
            (4) To inform a complainant without undue delay of the 
        decision the provider has taken regarding the complaint and the 
        reasoning for the decision.
            (5) To ensure that a decision regarding a complaint is not 
        taken solely on the basis of automated means, subject to 
        exceptions specified by the Commission for circumstances such 
        as frivolous complaints submitted by automated means, 
        repetitive complaints, or coordinated abuse of the complaint-
        handling system.
    (d) Exceptions.--In issuing regulations under subsection (a), the 
Commission shall consider exceptions to when a provider of a covered 
platform is required to respond to a complaint submitted through the 
internal complaint-handling system, such as if providing a response 
would risk imminent harm to any person or impede law enforcement 
activities.
    (e) Variation Based on Size and Scope.--In issuing regulations 
under subsection (a), the Commission shall vary the requirements based 
on the size and scope of a covered platform, including by having 
different requirements for different services such as social media 
services, online marketplaces, augmented reality and virtual reality 
services, and digital advertising placement services.

SEC. 6. TRANSPARENCY REGARDING CONTENT MODERATION AND RELATED MATTERS.

    (a) Community Standards.--
            (1) In general.--Not later than 1 year after the date of 
        the enactment of this Act, the Commission shall issue 
        regulations under section 553 of title 5, United States Code, 
        that require a provider of a hosting service to include in the 
        community standards of the provider the following information:
                    (A) Information on any restrictions that the 
                provider imposes with respect to information provided 
                by users of the service, including information on any 
                policies, procedures, measures, or tools used for the 
                purpose of content moderation, including algorithmic 
                decision making and human review.
                    (B) Historical versions of the community standards 
                and change logs.
                    (C) Anything else determined to be necessary by the 
                Commission.
            (2) Format.--The information required by paragraph (1) 
        shall be provided in clear and unambiguous language and shall 
        be publicly available in an electronic format in which pieces 
        of information are identified using an interactive data 
        standard, such as eXtensible Markup Language (XML), that is a 
        standardized list of electronic tags that mark the information 
        required by paragraph (1) within the community standards of a 
        provider of a hosting service.
    (b) Transparency Reports.--
            (1) In general.--Not later than 1 year after the date of 
        the enactment of this Act, the Commission shall issue 
        regulations under section 553 of title 5, United States Code, 
        that require a provider of a hosting service to issue publicly 
        available transparency reports relating to content moderation 
        by the provider with respect to the service.
            (2) Information to be included.--The regulations issued 
        under paragraph (1) shall require the transparency reports to 
        include information (both quantitative and qualitative) on the 
        following, as applicable:
                    (A) A description of the content moderation 
                practices of the provider, including statistics 
                regarding the amount and type of content moderation 
                actions taken that affect the availability, visibility, 
                and accessibility of information provided by users and 
                the ability of users to provide information, 
                categorized by the type of action and reason for taking 
                the action.
                    (B) Statistics regarding the method of detection of 
                information with respect to which a content moderation 
                enforcement action was taken, such as employees or 
                contractors of the provider, artificial intelligence 
                software, trusted organizations, users, or shared 
                databases.
                    (C) Statistics regarding the number of legally 
                enforceable government requirements, non-legally 
                enforceable government referrals (specifying the 
                portion that came from internet referral units alleging 
                violations of the community standards of the 
                providers), and requests from other entities or private 
                third parties, to--
                            (i) provide content or personal information 
                        of users; or
                            (ii) restrict access to or block content.
                    (D) Statistics regarding the number of complaints 
                received through the internal complaint-handling system 
                required by section 5, the basis for such complaints, 
                decisions taken with respect to such complaints, the 
                time needed for taking such decisions, and the number 
                of instances in which such decisions were reversed.
                    (E) Statistics regarding user exposure to illegal 
                content or content that violates the community 
                standards of the provider, including the type of 
                content the user was exposed to, where and how the 
                content was surfaced to the user (including whether the 
                content was promoted through a creator or account the 
                user follows and whether the content was 
                algorithmically recommended or otherwise amplified by 
                the service) and whether the content was public 
                content.
                    (F) Aggregate reporting on the language fluency of 
                the employees, contractors, and subcontractors of the 
                provider involved in content moderation, broken down by 
                type of employment and regional assignment.
                    (G) Significant changes during the period covered 
                by the report from the previous report under this 
                subsection issued by the provider with respect to the 
                service.
                    (H) Any other information the Commission considers 
                appropriate.
            (3) Considerations.--In issuing regulations under paragraph 
        (1), the Commission shall ensure that the reporting 
        requirements--
                    (A) take into consideration the rights and 
                interests of providers and users of hosting services, 
                including the protection of personal information, the 
                protection of confidential information, and maintaining 
                the security of such services;
                    (B) specify how providers of hosting services 
                should count and communicate their methods for counting 
                content moderation actions, including in the case that 
                content spans multiple reasons for removal or repeated 
                notifications related to the same user or content;
                    (C) specify when and how posts moderated by 
                volunteer moderators in a hosted community should be 
                reported;
                    (D) take into consideration relevant standards 
                issued by international standards-setting 
                organizations; and
                    (E) require the reports to be machine-readable and 
                formatted to allow access by users with disabilities.
            (4) Frequency.--In issuing regulations under paragraph (1), 
        the Commission shall specify the frequency with which a 
        provider of a hosting service is required to issue the 
        transparency reports required by such regulations and may vary 
        such frequency under subsection (e) based on the size and scope 
        of the service or the provider. The Commission shall require 
        such reports to be issued at least annually for hosting 
        services and at least quarterly for large covered platforms.
    (c) Level of Detail of Required Disclosures.--In issuing 
regulations under this section, the Commission shall consider the level 
of detail needed to inform users of hosting services while not impeding 
the ability of hosting services to mitigate systemic risks, including 
the systemic risks described in section 4(a)(3).
    (d) Language of Required Disclosures.--In issuing regulations under 
this section, the Commission shall require a provider of a hosting 
service to make available the information required to be included in 
the community standards of the provider under subsection (a) and the 
transparency reports issued under subsection (b) in each language in 
which the hosting service operates.
    (e) Variation Based on Size and Scope.--In issuing regulations 
under this section, the Commission shall vary the requirements based on 
the size and scope of the hosting service, including by having 
different requirements for different services such as social media 
services, online marketplaces, augmented reality and virtual reality 
services, digital advertising placement services, and cloud and web 
hosting services.
    (f) Rule of Construction.--Nothing in this section may be construed 
to require a provider of a hosting service to collect personal 
information that the provider would not otherwise collect.

SEC. 7. RISK ASSESSMENT AND RISK MITIGATION REPORTING.

    (a) Risk Assessment and Risk Mitigation Reports for Large Covered 
Platforms.--
            (1) In general.--Not later than 18 months after the date of 
        the enactment of this Act, the Commission shall issue 
        regulations under section 553 of title 5, United States Code, 
        that require a provider of a large covered platform to--
                    (A) conduct risk assessments with respect to the 
                platform; and
                    (B) based on the risk assessments conducted under 
                subparagraph (A), submit to the Commission risk 
                assessment and risk mitigation reports with respect to 
                the platform.
            (2) Risk assessment.--
                    (A) Identification, analysis, and assessment of 
                systemic risks.--The regulations issued under paragraph 
                (1) shall require a provider of a large covered 
                platform, in conducting a risk assessment and preparing 
                a report required by such regulations, to identify, 
                analyze, and assess, in a manner specific to the large 
                covered platform, any significant systemic risks 
                arising from the functioning and use of the platform, 
                including the systemic risks described in section 
                4(a)(3).
                    (B) Influence of content moderation and other 
                systems.--The regulations issued under paragraph (1) 
                shall require a provider of a large covered platform, 
                in conducting a risk assessment and preparing a report 
                required by such regulations, to take into account how 
                its content moderation systems, terms and conditions, 
                community standards, algorithmic systems, recommender 
                systems, and systems for selecting and displaying 
                advertisements, as well as the underlying data 
                collection, processing, and profiling, influence any of 
                the systemic risks identified under subparagraph (A), 
                including the potentially rapid and wide dissemination 
                of illegal content and of information that is 
                incompatible with its community standards.
            (3) Risk mitigation documentation.--The regulations issued 
        under paragraph (1) shall require a provider of a large covered 
        platform, in preparing a report required by such regulations, 
        to document with particularity the measures used to mitigate 
        any systemic risk identified by the provider under paragraph 
        (2)(A). Such measures may include, where applicable, the 
        following:
                    (A) Integrating threat modeling and red-teaming 
                processes to guard against systemic risks identified 
                under paragraph (2)(A) in the early stages of product 
                design, and to test potential mitigations prior to the 
                release of a product.
                    (B) Adapting the content moderation or recommender 
                systems (including policies and enforcement) of the 
                provider, the decision-making processes of the 
                provider, the features or functioning of the platform, 
                or the terms and conditions or community standards of 
                the provider.
                    (C) Targeted measures aimed at limiting the display 
                of advertisements in association with the platform or 
                the alternative placement and display of public service 
                advertisements or other related factual (as determined 
                by the provider) information.
                    (D) Reinforcing the internal processes or 
                supervision of any of the activities of the provider, 
                particularly regarding the detection of systemic risks 
                identified under paragraph (2)(A).
                    (E) User-friendly notification and action 
                mechanisms that allow any person to notify the provider 
                of the presence on the platform of any content the 
                person believes to be--
                            (i) illegal content; or
                            (ii) in violation of the terms and 
                        conditions or community standards of the 
                        provider.
                    (F) Crisis protocols, including a description of 
                what constitutes the specific extraordinary 
                circumstance the crisis protocol seeks to address and 
                the objectives the crisis protocol pursues.
                    (G) Testing for effectiveness and discriminatory 
                bias within any algorithms used in the content 
                moderation process.
                    (H) Hiring and training of human content 
                moderators, trust and safety personnel, engineers 
                focused on detecting and reducing systemic risks 
                identified under paragraph (2)(A), and others with 
                appropriate subject-matter expertise and cultural 
                competence.
                    (I) Protections for the health and well-being of 
                human content moderators.
                    (J) Deliberative approaches to platform governance, 
                including creating citizen panels, assemblies, or 
                independent oversight bodies, or using crowdsourcing 
                mechanisms, to make or inform content moderation 
                decisions or policies.
                    (K) Age-appropriate design that adjusts features on 
                the platform based on what is in the best interest of 
                children and adolescents, given variations in brain 
                development.
                    (L) Other risk-mitigation techniques considered 
                relevant by the Commission.
            (4) Variation based on size and scope.--In issuing 
        regulations under paragraph (1), the Commission shall vary the 
        requirements based on the size and scope of a large covered 
        platform, including by having different requirements for 
        different services such as social media services, online 
        marketplaces, augmented reality and virtual reality services, 
        and digital advertising placement services.
            (5) Frequency.--In issuing regulations under paragraph (1), 
        the Commission shall specify the frequency with which a 
        provider of a large covered platform is required to conduct the 
        risk assessments and submit to the Commission the reports 
        required by such regulations and may vary such frequency under 
        paragraph (4) based on the size and scope of the platform or 
        the provider. The Commission shall require such risk 
        assessments to be conducted and such reports to be submitted at 
        least annually.
            (6) FOIA exemption.--The reports required by the 
        regulations issued under paragraph (1) shall be exempt from 
        disclosure under section 552(b)(3)(B) of title 5, United States 
        Code.
    (b) Annual Reports by Commission on Systemic Risks Posed by Large 
Covered Platforms.--The Commission shall publish an annual report on 
systemic risks posed by large covered platforms that includes the 
following:
            (1) Identification and assessment of the most prominent and 
        recurrent systemic risks posed by large covered platforms, 
        based on the reports submitted by providers of such platforms 
        under subsection (a), information obtained by the Commission 
        under section 6(b) of the Federal Trade Commission Act (15 
        U.S.C. 46(b)), or other information available to the 
        Commission.
            (2) Assessment of the effectiveness of providers of large 
        covered platforms at reducing systemic risks, including 
        successful approaches that have worked across platforms.
    (c) Independent Audits for Large Covered Platforms.--
            (1) In general.--Not later than 1 year after the date of 
        the enactment of this Act, the Commission shall issue 
        regulations under section 553 of title 5, United States Code, 
        that require a provider of a large covered platform to obtain 
        an annual audit of the risk assessment and risk mitigation 
        measures documented by the provider in the most recent report 
        submitted under subsection (a) with respect to the platform, 
        the accuracy of the most recent transparency report submitted 
        under section 6(b) with respect to the platform, and the 
        compliance by the provider with respect to the platform with 
        the regulations issued under section 10, by an organization 
        that--
                    (A) is independent from the provider;
                    (B) has proven expertise in the area of risk 
                management;
                    (C) has the technical competence and technical 
                capabilities necessary to perform the audit;
                    (D) has proven objectivity and professional ethics, 
                based on adherence to codes of practice or other 
                appropriate standards; and
                    (E) meets any other requirements considered 
                necessary by the Commission.
            (2) Report.--The regulations issued under paragraph (1) 
        shall require an organization that performs an audit under such 
        paragraph to prepare a written report on the audit, which shall 
        include the following:
                    (A) The name, address, and point of contact of the 
                provider of the large covered platform.
                    (B) The name, address, and point of contact of the 
                organization performing the audit.
                    (C) The period covered by the audit.
                    (D) A description of the specific elements audited, 
                and the methodology applied.
                    (E) A description of the main findings drawn from 
                the audit.
                    (F) An audit opinion on whether the provider of the 
                platform accurately, fully, and meaningfully described 
                all of the systemic risks known to the provider which 
                were required to be included in the report submitted 
                under subsection (a) to which the audit relates.
                    (G) An audit opinion on the adequacy of the 
                processes and procedures of the provider of the 
                platform for identifying, assessing, and reporting 
                systemic risks as required under subsection (a).
                    (H) An audit opinion on whether the provider 
                implemented the risk mitigation measures documented in 
                the report submitted under subsection (a) to which the 
                audit relates.
                    (I) An audit opinion on the accuracy of and 
                thoroughness of the transparency report submitted under 
                section 6(b) to which the audit relates.
                    (J) An audit opinion on the compliance by the 
                provider with respect to the platform with the 
                regulations issued under section 10.
                    (K) Recommendations for changes the provider could 
                make to better address systemic risks.
                    (L) Any additional information considered necessary 
                by the Commission.
            (3) Submission of report.--The regulations issued under 
        paragraph (1) shall require a provider of a large covered 
        platform to submit to the Commission the report prepared under 
        paragraph (2).
            (4) Information to be disclosed to audit organization.--The 
        regulations issued under paragraph (1) shall--
                    (A) specify what information a provider of a large 
                covered platform and the contractors of the provider 
                are required to disclose to an organization performing 
                an audit under such paragraph; and
                    (B) require the organization to comply with privacy 
                measures similar to those for certified researchers 
                under section 10 and any other measures determined 
                appropriate by the Commission to protect the privacy of 
                users of large covered platforms and employees and 
                contractors of providers of large covered platforms.

SEC. 8. GUIDANCE ON BEST PRACTICES.

    (a) In General.--The Commission shall, on an ongoing basis, issue a 
series of evidence-based nonbinding guidance on best practices for 
providers of large covered platforms to address the systemic risks 
described in section 4(a)(3). The guidance shall focus on product 
design features and content moderation processes that aim to be content 
neutral.
    (b) Registry.--The Commission shall maintain, and make publicly 
available on the website of the Commission, a registry of all large 
covered platforms with a list of the guidance issued under this section 
that each platform follows, according to the independent audits 
conducted under section 7(c) or other information provided to the 
Commission under this Act.
    (c) Advisory Committees.--The Commission may create advisory 
committees (as defined in section 3 of the Federal Advisory Committee 
Act (5 U.S.C. App.)) to solicit views regarding the guidance under this 
section from stakeholders, including communities most impacted by the 
systemic risks described in section 4(a)(3) and content moderators and 
employees (current or former) at covered platforms focused on 
mitigating such risks.

SEC. 9. RECOMMENDER SYSTEMS.

    (a) In General.--Not later than 2 years after the date of the 
enactment of this Act, the Commission shall issue regulations under 
section 553 of title 5, United States Code, that require a provider of 
a large covered platform that uses a recommender system to do the 
following:
            (1) To specify in the terms and conditions of the provider, 
        in a clear, accessible, and easily comprehensible manner--
                    (A) the most salient features, inputs, or 
                parameters used by the recommender system;
                    (B) how any personal information used by the 
                recommender system is collected or inferred about a 
                user of the platform, and the categories of such 
                information (including demographic, behavioral, and any 
                other categories defined by the Commission); and
                    (C) any options that the provider makes available 
                for a user of the platform to modify the profile of the 
                user or to influence the features, inputs, or 
                parameters used by the recommender system.
            (2) To provide an option that does not rely on any of the 
        user's personal information (either collected or inferred) to 
        determine the order of information presented to the user. The 
        Commission may determine reasonable exceptions to ensure 
        product functionality, such as the user's language preference 
        or recognized place. Such option shall be set as a default or 
        presented prominently within the main interface containing the 
        results of the recommender system. The provider shall present 
        the options in good faith, and avoid misleading or harassing 
        consumers into making different choices, failing to maintain 
        parity of unrelated features, or other measures as determined 
        by the Commission.
    (b) Opt-In for Certain Personal Information.--In issuing 
regulations under subsection (a), the Commission may determine that 
certain personal information may not be used to customize a recommender 
system without specific opt-in consent from users. In the case of such 
a determination, a provider of a large covered platform shall 
independently obtain opt-in consent for separate categories of personal 
information (as categorized and according to standards set by the 
Commission) rather than obtaining a global opt-in consent for all 
personal information or multiple categories of personal information 
simultaneously.
    (c) Considerations for Rulemaking.--In issuing regulations under 
subsection (a), the Commission shall consider--
            (1) the ways recommender systems may be used to help 
        providers of large covered platforms mitigate systemic risks 
        described in section 4(a)(3);
            (2) the frequency with which recommendation algorithms are 
        trained; and
            (3) the technical feasibility of disabling or modifying use 
        of features, inputs, or parameters for each user.
    (d) Variation Based on Size and Scope of Platform and Type of 
Recommender System.--In issuing regulations under subsection (a), the 
Commission shall vary the requirements based on the size and scope of 
the large covered platform, including by having different requirements 
and for different types of recommender systems.

SEC. 10. INDEPENDENT RESEARCH FACILITATION.

    (a) Office of Independent Research Facilitation.--In establishing 
the Bureau under section 3(a), the Commission shall establish within 
the Bureau an office to be known as the ``Office of Independent 
Research Facilitation'', which shall carry out such duties of the 
Commission under this section, and such other duties relating to 
facilitation of independent research on covered platforms, as the 
Commission considers appropriate.
    (b) Researcher Certification Process.--
            (1) In general.--Not later than 18 months after the date of 
        the enactment of this Act, the Commission shall issue 
        regulations under section 553 of title 5, United States Code, 
        to establish a process by which--
                    (A) an organization may, upon application to the 
                Commission, be qualified as a host organization; and
                    (B) an individual who is affiliated with a host 
                organization may, upon application to the Commission, 
                be certified in order to obtain access to information 
                under this section for the purposes described in 
                paragraph (2).
            (2) Purposes of access to information.--The purposes 
        described in this paragraph are to gain understanding and 
        measure the impacts of the content moderation, product design 
        decisions, and algorithms of covered platforms on society, 
        politics, the spread of hate, harassment, and extremism, 
        security, privacy, and physical and mental health.
            (3) Requirements and commitments to be qualified as host 
        organization.--
                    (A) In general.--In order to be qualified as a host 
                organization under paragraph (1)(A), an organization 
                shall--
                            (i) meet the requirements described in 
                        subparagraph (B); and
                            (ii) make the commitments described in 
                        subparagraph (C).
                    (B) Requirements.--The requirements described in 
                this subparagraph for an organization are the 
                following:
                            (i) The organization--
                                    (I) is described in section 
                                501(c)(3) of the Internal Revenue Code 
                                of 1986 and is exempt from taxation 
                                under section 501(a) of such Code; or
                                    (II) is an institution of higher 
                                education (as defined in section 101(a) 
                                of the Higher Education Act of 1965 (20 
                                U.S.C. 1001(a))).
                            (ii) The mission of the organization 
                        includes developing a deeper understanding of 
                        the impacts of covered platforms described in 
                        paragraph (2).
                            (iii) The organization has the capacity 
                        to--
                                    (I) comply with the rules issued 
                                under subsection (c) relating to 
                                information security; and
                                    (II) analyze information to which 
                                access is provided under this section 
                                using data science and best practices 
                                for investigative and qualitative 
                                research.
                            (iv) Any additional requirements 
                        established by the Commission in the 
                        regulations issued under paragraph (1).
                    (C) Commitments.--The commitments described in this 
                subparagraph for an organization are the following:
                            (i) To provide training to certified 
                        researchers affiliated with the organization to 
                        ensure that the researchers abide by the 
                        commitments described in paragraph (4)(C).
                            (ii) With respect to a project or study 
                        being carried out by a certified researcher 
                        affiliated with the organization using 
                        information to which access is obtained under 
                        this section, to conduct a review of the 
                        project or study to ensure that--
                                    (I) the project or study is 
                                consistent with the purposes of access 
                                described in paragraph (2); and
                                    (II) the researcher has sought the 
                                approval of an institutional review 
                                board for the project or study, if 
                                applicable.
                            (iii) Any additional commitments 
                        established by the Commission in the 
                        regulations issued under paragraph (1).
            (4) Requirements and commitments to be certified as a 
        certified researcher.--
                    (A) In general.--In order to be certified as a 
                certified researcher under paragraph (1)(B), an 
                individual shall--
                            (i) meet the requirements described in 
                        subparagraph (B); and
                            (ii) make the commitments described in 
                        subparagraph (C).
                    (B) Requirements.--The requirements described in 
                this subparagraph for an individual are the following:
                            (i) The individual is affiliated with an 
                        organization that is qualified as a host 
                        organization under this subsection.
                            (ii) The individual is not under review by 
                        the host organization for research misconduct.
                            (iii) Any additional requirements 
                        established by the Commission in the 
                        regulations issued under paragraph (1).
                    (C) Commitments.--The commitments described in this 
                subparagraph for an individual are the following:
                            (i) To have the capacity to comply with, 
                        and to comply with, any information security or 
                        confidentiality requirements the Commission 
                        considers appropriate with respect to 
                        information accessed under this section.
                            (ii) Not to reidentify, or to attempt to 
                        reidentify, the individual to whom information 
                        accessed under this section relates.
                            (iii) Not to publish personal information 
                        derived from information accessed under this 
                        section.
                            (iv) To comply with applicable Federal, 
                        State, and local information sharing and 
                        privacy laws and regulations.
                            (v) To complete Responsible Conduct of 
                        Research training provided by the Office of 
                        Research Integrity of the Department of Health 
                        and Human Services.
                            (vi) To disseminate the results of the 
                        research conducted using information accessed 
                        under this section to the public.
                            (vii) To comply with limits on commercial 
                        use of information accessed under this section 
                        or research conducted using such information, 
                        as specified by the Commission in regulations 
                        issued under this section.
                            (viii) To seek a certificate of 
                        confidentiality issued by the Secretary of 
                        Health and Human Services under section 301(d) 
                        of the Public Health Service Act (42 U.S.C. 
                        241(d)), if applicable.
                            (ix) Any additional commitments established 
                        by the Commission in the regulations issued 
                        under paragraph (1).
            (5) Requalification and recertification required.--
                    (A) Requalification.--In issuing regulations under 
                paragraph (1), the Commission shall provide for the 
                qualification of an organization as a host organization 
                to expire at the end of a 3-year period and for the 
                organization, upon application to the Commission, to be 
                qualified as a host organization for a 3-year period in 
                addition to the initial or any subsequent such period, 
                if the organization--
                            (i) continues to meet the requirements 
                        described in paragraph (3)(B);
                            (ii) abided by the commitments described in 
                        paragraph (3)(C) that the organization made 
                        with respect to the previous such period; and
                            (iii) makes the commitments described in 
                        paragraph (3)(C) for the next such period.
                    (B) Recertification.--In issuing regulations under 
                paragraph (1), the Commission shall provide for the 
                certification of an individual as a certified 
                researcher to expire at the end of a 1-year period and 
                for the individual, upon application to the Commission, 
                to be certified as a certified researcher for a 1-year 
                period in addition to the initial or any subsequent 
                such period, if the individual--
                            (i) continues to meet the requirements 
                        described in paragraph (4)(B);
                            (ii) abided by the commitments described in 
                        paragraph (4)(C) that the individual made with 
                        respect to the previous such period; and
                            (iii) makes the commitments described in 
                        paragraph (4)(C) for the next such period.
            (6) Revocation of qualification or certification.--
                    (A) Qualification.--In issuing regulations under 
                paragraph (1), the Commission shall provide for the 
                revocation of the qualification of an organization as a 
                host organization if the Commission determines that the 
                organization--
                            (i) no longer meets the requirements 
                        described in paragraph (3)(B); or
                            (ii) is not abiding by the commitments 
                        described in paragraph (3)(C) that the 
                        organization made with respect to the 
                        applicable qualification period.
                    (B) Certification.--In issuing regulations under 
                paragraph (1), the Commission shall provide for the 
                revocation of the certification of an individual as a 
                certified researcher if the Commission determines that 
                the individual--
                            (i) no longer meets the requirements 
                        described in paragraph (4)(B); or
                            (ii) is not abiding by the commitments 
                        described in paragraph (4)(C) that the 
                        individual made with respect to the applicable 
                        certification period.
            (7) Nondiscrimination.--No person on grounds of race, 
        color, age, sex, national origin, political affiliation, or 
        disability shall be excluded from participation in, be denied 
        the benefits of, or be subjected to discrimination under the 
        researcher certification process established under this 
        subsection.
            (8) Consultation.--In issuing regulations under paragraph 
        (1), the Commission shall consult with the Director of the 
        National Science Foundation, the Secretary of Health and Human 
        Services, and the Federal Statistical Research Data Centers of 
        the Bureau of the Census.
            (9) GAO audit and report.--
                    (A) Audit.--Not later than 3 years after the date 
                on which the Commission issues the regulations required 
                by paragraph (1), the Comptroller General of the United 
                States shall complete an audit of the process 
                established by such regulations.
                    (B) Report.--
                            (i) In general.--Not later than 90 days 
                        after the date on which the audit required by 
                        subparagraph (A) is completed, the Comptroller 
                        General--
                                    (I) shall submit to Congress a 
                                report on the audit; and
                                    (II) shall make the report required 
                                by subclause (I) available to the 
                                Speaker of the House of 
                                Representatives, the majority and 
                                minority leaders of the House of 
                                Representatives, the majority and 
                                minority leaders of the Senate, the 
                                Chairman and Ranking Member of the 
                                committee and each subcommittee of 
                                jurisdiction in the House of 
                                Representatives and the Senate, and any 
                                other Member of Congress who requests 
                                the report.
                            (ii) Contents.--The report required by 
                        clause (i)(I) shall include--
                                    (I) an assessment of the process, 
                                including whether the Office is 
                                effectively balancing information 
                                security with the need for rigorous 
                                independent research, done in a timely 
                                manner, for the purposes described in 
                                paragraph (2);
                                    (II) any signs of discrimination in 
                                the process of certifying researchers; 
                                and
                                    (III) recommendations for 
                                improvements to the process.
    (c) Secure Research Access.--
            (1) In general.--Not later than 2 years after the date of 
        the enactment of this Act, the Commission shall issue 
        regulations under section 553 of title 5, United States Code, 
        to specify--
                    (A) the types of information that should be made 
                available to certified researchers by providers of 
                covered platforms;
                    (B) the manner in which such information is 
                accessed; and
                    (C) under what circumstances the provision of 
                access to such information to certified researchers by 
                providers of covered platforms is required or optional.
            (2) Tiered access.--In issuing the regulations required by 
        paragraph (1), the Commission shall create a system of tiered 
        access in which information about users of covered platforms 
        that the Commission considers more sensitive has more 
        safeguards in place and is accessed by fewer certified 
        researchers than information that the Commission considers less 
        sensitive.
            (3) Types of information to be considered.--The types of 
        information to be considered by the Commission in issuing the 
        regulations required by paragraph (1) shall include the 
        following:
                    (A) Information related to how covered platforms 
                conduct internal studies, including the metrics used to 
                evaluate the platform's success and quality of content.
                    (B) Information related to content moderation 
                decisions (including choices related to the ranking, 
                ordering, promotion, or recommendation of content and 
                requests for removal of content), the setting of 
                policies for content moderation, and the demographics 
                of individuals setting such policies.
                    (C) The demographics, cultural competency, and 
                content category-specific expertise of individuals 
                setting content moderation policies and making content 
                moderation decisions.
                    (D) Requests to a provider of a covered platform 
                from a third party to act on a user, account, or 
                content (such as user-flagged content, content removal 
                requests, account suspension requests, and network 
                shutdowns).
                    (E) Information related to engagement (such as 
                sharing and likes) with content (such as news articles 
                and video clips), including the demographic breakdown 
                of users that interact with content (to the extent such 
                breakdown is known or inferred) and the source of 
                engagement (such as organic search or recommendation).
                    (F) Information related to exposure (such as 
                viewership or impressions) to content (such as news 
                articles and video clips), including the demographic 
                breakdown of users that interact with content (to the 
                extent such breakdown is known or inferred) and the 
                source of exposure (such as organic search or 
                recommendation).
                    (G) Classification of information sources, such as 
                opinion, sports, entertainment, and politics.
                    (H) Archives of removed content.
                    (I) Archives of accounts that have been removed by 
                a provider of a covered platform, including--
                            (i) any special treatment of accounts that 
                        previously belonged to high-profile 
                        individuals;
                            (ii) archives of fake or bot accounts that 
                        have been removed; and
                            (iii) archives of coordinated influence 
                        operation accounts that have been removed.
                    (J) Advertisements and influencer marketing 
                content, in addition to the information described in 
                subsection (f).
                    (K) Materials used to train content moderators.
                    (L) Detailed information related to the algorithms 
                of a covered platform, including feature importance, 
                optimization objectives (such as predictions of user 
                behavior or engagement), descriptions of datasets used 
                in model development including its composition, 
                collection process, and any preprocessing (including 
                cleaning or labeling) done on the data.
                    (M) Any other information the Commission considers 
                necessary.
            (4) Considerations relating to manner of access.--In 
        issuing the regulations required by paragraph (1), the 
        Commission shall consider the following:
                    (A) Size and sampling techniques used to create the 
                data sets containing the information described in 
                paragraph (3) to which access is provided under this 
                subsection.
                    (B) Limits on time and amount of information 
                stored, broken down by the type of information.
                    (C) Under what circumstances privacy preserving 
                techniques such as differential privacy and statistical 
                noise should be used.
                    (D) Information security standards, such as those 
                included in the National Institute of Standards and 
                Technology portfolio.
                    (E) When aggregation of demographic information is 
                required and the required level of aggregation.
                    (F) When standardized variable names should be used 
                across covered platforms and for what types of 
                information.
                    (G) Under what circumstances secure application 
                computer interfaces are required and the specific level 
                of security.
                    (H) Designation of secure facilities and computers 
                to analyze information through a Federally Funded 
                Research and Development Center described in paragraph 
                (7) or as otherwise determined by the Commission.
                    (I) Under what circumstances to limit access to 
                information to a subset of certified researchers based 
                on the nature of the study or when to require 
                preliminary results prior to more restricted access.
                    (J) The technical feasibility for a provider of a 
                covered platform to provide access to information.
            (5) Consideration of when commission review prior to 
        publication is required.--In issuing the regulations required 
        by paragraph (1), the Commission shall consider under what 
        circumstances the Commission will review a publication based on 
        information accessed under this section prior to publication to 
        determine whether the publication violates the privacy of a 
        user of the covered platform or would reveal trade secrets of 
        the provider of the covered platform.
            (6) User privacy.--
                    (A) Protection of reasonable expectations of 
                personal privacy.--
                            (i) In general.--In issuing the regulations 
                        required by paragraph (1), the Commission shall 
                        ensure that the provision of access to 
                        information under this section does not 
                        infringe upon reasonable expectations of 
                        personal privacy of users of covered platforms 
                        or of other individuals, including by requiring 
                        a provider of a covered platform--
                                    (I) to deidentify any information 
                                described in clause (ii) before 
                                providing certified researchers with 
                                access to such information; and
                                    (II) in the case of location 
                                information to which certified 
                                researchers are provided access, to 
                                ensure that such access--
                                            (aa) is provided at a level 
                                        that is not more specific than 
                                        a recognized place; and
                                            (bb) does not include 
                                        access to precise geospatial 
                                        information.
                            (ii) Information described.--The 
                        information described in this clause is the 
                        following:
                                    (I) Information that is not (or was 
                                not before removal from the covered 
                                platform) public content.
                                    (II) Personal health information.
                                    (III) Biometric information.
                                    (IV) Information relating to an 
                                individual under 13 years of age.
                    (B) Notice to platform users.--In issuing the 
                regulations required by paragraph (1), the Commission 
                shall require a provider of a covered platform, through 
                the posting of notices or other appropriate means, to 
                keep users informed of the types of information to 
                which the provider is required or permitted to provide 
                access to certified researchers under this section and 
                the privacy protections applicable to such access.
                    (C) User opt-out.--In issuing the regulations 
                required by paragraph (1), the Commission shall require 
                a provider of a covered platform to make available to a 
                user whose profile does not host public content an 
                opportunity to opt out of having access to the 
                information of such user provided to a certified 
                researcher under this section.
                    (D) Prohibition against compelled disclosure to 
                governmental entities.--A certified researcher, or an 
                organization that is qualified as a host organization 
                under this section, may not be required (by a subpoena, 
                court order, or otherwise) to divulge to a governmental 
                entity (as defined in section 2711 of title 18, United 
                States Code) any information obtained from a provider 
                of a covered platform under this section.
                    (E) Relationship to other law.--Section 2702(b) of 
                title 18, United States Code, is amended--
                            (i) in paragraph (8), by striking ``; or'' 
                        and inserting a semicolon;
                            (ii) in paragraph (9), by striking the 
                        period at the end and inserting ``; or''; and
                            (iii) by adding at the end the following:
            ``(10) to a certified researcher under section 10 of the 
        Digital Services Oversight and Safety Act of 2022 in accordance 
        with such section and the regulations issued by the Federal 
        Trade Commission under such section.''.
            (7) Federally funded research and development center.--
                    (A) In general.--The Commission may sponsor a 
                Federally Funded Research and Development Center as 
                described in section 35.017 of title 48, Code of 
                Federal Regulations (or any successor regulation), to 
                facilitate information sharing between covered 
                platforms and certified researchers.
                    (B) Consortium required.--A Federally Funded 
                Research and Development Center sponsored by the 
                Commission under subparagraph (A) shall be comprised of 
                at least 3 organizations that are qualified as host 
                organizations under subsection (b).
                    (C) Mission.--The mission of a Federally Funded 
                Research and Development Center sponsored by the 
                Commission under subparagraph (A) may include the 
                following:
                            (i) Enabling certified researchers to 
                        perform studies requiring information from 
                        multiple covered platforms.
                            (ii) Serving as a means to provide 
                        certified researchers access to information as 
                        described in paragraph (4)(H).
                            (iii) Upon request of the Director of the 
                        Bureau, supporting and assisting in the 
                        development of guidance under section 8.
                            (iv) Collaborating with international 
                        research organizations with a similar mission.
            (8) Variation based on size and scope.--In issuing the 
        regulations required by paragraph (1), the Commission shall 
        vary the specifications based on the size and scope of a 
        covered platform, including by having different specifications 
        for different services such as social media services, online 
        marketplaces, augmented reality and virtual reality services, 
        and digital advertising placement services. In the case of a 
        large covered platform, the regulations issued under paragraph 
        (1) shall apply in addition to the regulations issued under 
        subsections (f) and (g), and the Commission shall also vary the 
        requirements of the regulations issued under such subsections 
        based on the size and scope of a large covered platform.
            (9) Safe harbor for providers.--If a provider of a covered 
        platform provides a certified researcher with access to 
        information in accordance with the regulations required by 
        paragraph (1) (regardless of whether such access is optional or 
        required), the Commission may not bring an enforcement action 
        against the provider based solely on the act of disclosing such 
        information to the certified researcher.
            (10) Safe harbor for researcher accounts and data 
        donations.--
                    (A) Immunity from liability.--A certified 
                researcher shall not be liable under any Federal, 
                State, or local law, or for a violation of the terms 
                and conditions of a covered platform, for any of the 
                following:
                            (i) The creation and use of an account or 
                        accounts on a covered platform that are created 
                        for and used solely for a research project 
                        carried out for the purposes described in 
                        subsection (b)(2), if--
                                    (I) the certified researcher takes 
                                reasonable measures to avoid misleading 
                                users of the covered platform in the 
                                creation and use of the account or 
                                accounts; and
                                    (II) the creation and use of the 
                                account or accounts does not materially 
                                burden the technical operation of the 
                                covered platform.
                            (ii) The collection of information provided 
                        for research purposes by a user of a covered 
                        platform, including through a browser extension 
                        or plug-in, if the certified researcher obtains 
                        informed consent for such collection in 
                        accordance with section 46.116 of title 45, 
                        Code of Federal Regulations (or any successor 
                        regulation).
                    (B) Prohibition on service discrimination.--A 
                provider of a covered platform may not condition, 
                degrade, or otherwise discriminate in the provision of 
                a service or product to a certified researcher because 
                the certified researcher takes an action described in 
                clause (i) or (ii) of subparagraph (A).
    (d) Submission of Data Dictionaries.--Not later than 18 months 
after the date of the enactment of this Act, the Commission shall issue 
regulations under section 553 of title 5, United States Code, to--
            (1) require a provider of a covered platform, not later 
        than 6 months after the date on which such regulations are 
        issued, and every 12 months thereafter, to submit to the 
        Commission a data dictionary created by the provider during the 
        period covered by the submission, which shall include a 
        description of the information collected by the provider that 
        may be meaningful to a certified researcher, including the 
        meaning, relationship to other information, origin, and format 
        of the information; and
            (2) establish a process by which the Commission will 
        consult a data dictionary submitted under paragraph (1) in 
        offering advice to a certified researcher under subsection 
        (e)(1).
    (e) Consultation.--
            (1) Researcher consultation.--The Commission shall offer a 
        certified researcher attempting to formulate studies using 
        information to which access is provided under this section, or 
        to negotiate a memorandum of understanding with a provider of a 
        covered platform to conduct research, advice related to--
                    (A) the types of information to which the 
                researcher could obtain access; and
                    (B) ways to protect the security of such 
                information in accordance with this section and the 
                regulations issued under this section.
            (2) Covered platform consultation.--The Commission shall 
        offer a provider of a covered platform support and assistance 
        in complying with this section and the regulations issued under 
        this section in the provision of access to information to 
        certified researchers, regardless of whether the provision of 
        such access is required or optional under this section.
    (f) Advertisement Libraries.--
            (1) In general.--Not later than 18 months after the date of 
        the enactment of this Act, the Commission shall issue 
        regulations under section 553 of title 5, United States Code, 
        that require the following:
                    (A) A provider of a large covered platform that 
                sells advertising services to maintain and grant 
                certified researchers and the Commission access to an 
                advertisement library that contains in a searchable, 
                machine-readable format the following information 
                (which may be updated by the Commission as the 
                Commission determines to be necessary) related to any 
                advertiser that purchases $500 or more of advertising 
                services from the provider in a calendar year:
                            (i) The legal name and unique 
                        identification number for each advertiser.
                            (ii) The full content contained within the 
                        advertisement, including machine-readable text 
                        and textual descriptions of any images.
                            (iii) The method used, as selected either 
                        by the advertiser or by the provider, to target 
                        an advertisement to users of the large covered 
                        platform, including uploaded lists of users, 
                        pre-set categories of users, key words, and 
                        contextual information.
                            (iv) The optimization objective chosen by 
                        the advertiser (such as awareness, reach, 
                        traffic, and engagement).
                            (v) A description of the targeted audience 
                        for each advertisement, including information 
                        (that may have been collected from the profile 
                        of a user or based on an algorithm) on the 
                        demographics of the audience (including age, 
                        gender, geographic location, race, ethnicity, 
                        language, and political affiliation), interests 
                        of the audience, and any other description of 
                        the targeted audience determined to be 
                        reasonable by the Commission.
                            (vi) A description of the delivery audience 
                        of the advertisement determined by a count of 
                        users who viewed the advertisement, including 
                        information (that may have been collected from 
                        the profile of a user or based on an algorithm) 
                        on the demographics of the audience (including 
                        age, gender, geographic location, race, 
                        ethnicity, language, and political 
                        affiliation), interests of the audience, and 
                        any other description of the delivery audience 
                        determined to be reasonable by the Commission.
                            (vii) The number of times the advertisement 
                        was viewed by users.
                            (viii) Advertisement conversion (including 
                        how often an advertisement was shared, liked, 
                        or clicked-through) and over what timeframe.
                            (ix) The date and time that the 
                        advertisement was first displayed and last 
                        displayed.
                            (x) The amount the advertiser budgeted for 
                        advertising services with respect to the 
                        advertisement on the large covered platform and 
                        the amount paid for such advertising services.
                            (xi) The category of the advertisement as 
                        defined by the provider (such as politics, 
                        employment opportunity, housing opportunity, or 
                        apparel).
                            (xii) Each language contained within the 
                        advertisement.
                            (xiii) Any advertising services policy of 
                        the provider that is made available to 
                        advertisers.
                            (xiv) Whether the advertisement was 
                        determined to violate any policy described in 
                        clause (xiii).
                            (xv) Any other information the Commission 
                        considers necessary.
                    (B) The methodology used by the large covered 
                platform to calculate the demographics of the targeted 
                audience described in subparagraph (A)(v) to be the 
                same as the methodology used to calculate the 
                demographics of the delivery audience described in 
                subparagraph (A)(vi).
                    (C) In the case of advertisements that are deleted 
                by an advertiser or blocked by the advertising services 
                policy of a provider of a large covered platform, the 
                provider to treat such advertisements (with respect to 
                whether or how such advertisements are made available 
                in the advertisement library) as specified in such 
                regulations.
                    (D) A provider of a large covered platform to make 
                an advertisement available in the advertisement library 
                within an amount of time specified in such regulations 
                after the advertisement is posted on the platform.
                    (E) A provider of a large covered platform to make 
                an advertisement available in the advertisement library 
                for an amount of time specified in such regulations.
                    (F) A provider of a large covered platform to 
                ensure that the advertisement library cannot be used to 
                identify an individual targeted by an advertisement.
            (2) No additional information collection required.--The 
        regulations issued under paragraph (1) shall specify that a 
        provider of a large covered platform is not required to collect 
        any information for the advertisement library that the provider 
        does not collect in the ordinary course of business.
            (3) Public availability.--The regulations issued under 
        paragraph (1) shall require a provider of a large covered 
        platform to make available to the public a version of the 
        advertisement library maintained under such regulations. Such 
        regulations may specify that such public version is not 
        required to contain certain information required to be included 
        in the version to which the Commission and certified 
        researchers are granted access.
    (g) High-Reach Public Content Stream.--
            (1) In general.--Not later than 18 months after the date of 
        the enactment of this Act, the Commission shall issue 
        regulations under section 553 of title 5, United States Code, 
        that require a provider of a large covered platform to 
        maintain, and grant certified researchers and the Commission 
        access to, a high-reach public content stream that contains in 
        a searchable, machine-readable format the following information 
        (which may be updated by the Commission as the Commission 
        determines to be necessary):
                    (A) The pieces of high-reach and high-engagement 
                public content, such as user-generated posts, texts, 
                hyperlinks, images, and videos, made available on the 
                large covered platform.
                    (B) The frequency with which such pieces of content 
                are shared over a period of time within a recognized 
                place.
                    (C) Engagement (such as sharing and likes) with 
                such pieces of content, including the demographic 
                breakdown of users that interact with the content (to 
                the extent such breakdown is known or inferred).
                    (D) Exposure (such as viewership or impressions) to 
                such pieces of content, including the demographic 
                breakdown of users exposed to the content (to the 
                extent such breakdown is known or inferred).
                    (E) Public high-profile accounts involved in the 
                spread of such pieces of content.
                    (F) Any other information relating to such pieces 
                of content that the Commission considers appropriate.
            (2) Considerations.--In issuing regulations under paragraph 
        (1), the Commission shall consider the following:
                    (A) What constitutes high-reach and high-engagement 
                public content for purposes of such regulations.
                    (B) The time by which a piece of content is 
                required to become available, and the period of time 
                for which the piece of content is required to remain 
                available, in the high-reach public content stream, 
                with the goal of providing a near real-time 
                understanding of high-reach and high-engagement public 
                content on the platform.
                    (C) What constitutes a public high-profile account, 
                considering not only that the profile is set to public 
                but that the number of followers is greater than 25,000 
                users.
                    (D) Any other matters the Commission considers 
                appropriate.
            (3) No additional information collection required.--The 
        regulations issued under paragraph (1) shall specify that a 
        provider of a large covered platform is not required to collect 
        any information about users for the high-reach public content 
        stream that the provider does not collect in the ordinary 
        course of business.
            (4) Public availability.--The regulations issued under 
        paragraph (1) may require a provider of a large covered 
        platform to make available to the public a version of the high-
        reach public content stream maintained under such regulations. 
        Such regulations may specify that such public version is not 
        required to contain certain information required to be included 
        in the version to which the Commission and certified 
        researchers are granted access because of national security or 
        privacy concerns.

SEC. 11. RESEARCH FELLOWSHIP PROGRAM.

    (a) Establishment.--Not later than 1 year after the date of the 
enactment of this Act, the Commission shall issue regulations under 
section 553 of title 5, United States Code, to establish within the 
Bureau a fellowship program (in this section referred to as the 
``program'') in accordance with this section that offers individuals 
appointments as fellows to conduct--
            (1) research relating to understanding of and mitigating 
        systemic risks described in section 4(a)(3), with a focus on 
        research that requires information that is difficult or 
        impossible for a certified researcher to obtain under section 
        10; and
            (2) research projects with a focus on domestic and global 
        information ecosystem studies that require information from or 
        about multiple hosting services and longer time horizons.
    (b) Applications.--The Commission shall prescribe the process for 
an individual to apply for appointment as a fellow under the program.
    (c) Eligibility.--
            (1) In general.--To be eligible for appointment as a fellow 
        under the program, an individual shall meet the following 
        requirements:
                    (A) The individual shall be a national of the 
                United States or lawfully admitted to the United States 
                for permanent residence.
                    (B) The individual may not be a current Commission 
                employee as of the time when the individual is 
                appointed as a fellow.
                    (C) The individual may not have a conflict of 
                interest (as determined by the Commission).
            (2) No consecutive terms.--An individual may not serve 
        consecutive terms as a fellow under the program.
    (d) Number.--The Commission shall maintain at least 15 fellows 
under the program at any time.
    (e) Term.--A fellow appointed under the program shall serve a term 
of not less than 1 year and not more than 3 years.
    (f) Pay.--The Commission shall establish annual rates of pay, 
benefits, and standards for fellows under the program.
    (g) Fellowship Agreement.--The Commission and a fellow appointed 
under the program shall enter into a fellowship agreement, which shall 
state the amount of compensation to be received by the fellow and the 
terms and conditions governing the fellowship.
    (h) Compliance With Information Security Practices.--A fellow 
appointed under the program shall comply with information security 
practices established by the Commission.
    (i) Access to Information.--A fellow appointed under the program 
shall have access to--
            (1) the same information as a certified researcher; and
            (2) information relating to hosting services and providers 
        of hosting services obtained under section 6(b) of the Federal 
        Trade Commission Act (15 U.S.C. 46(b)).
    (j) Prohibition on Carrying Out Enforcement Duties.--A fellow 
appointed under the program may not perform work for purposes of an 
enforcement action by the Commission.
    (k) Inapplicability of Certain Rules.--Any rule of the Commission 
that restricts an individual formerly employed by the Commission from 
accepting other employment shall not apply to an individual by reason 
of the service of the individual as a fellow under the program.

SEC. 12. REPORT AND DISCLOSURE INTEGRITY.

    In the case of any report or other disclosure required to be made 
by a provider of a hosting service under this Act, it shall be a 
violation of this Act for such report or other disclosure to include 
any untrue statement of a material fact or to omit to state any 
material fact required to be stated therein or necessary to make the 
statements therein, in the light of the circumstances under which the 
report or other disclosure is made, not misleading.

SEC. 13. ENFORCEMENT BY FEDERAL TRADE COMMISSION.

    (a) Unfair or Deceptive Acts or Practices.--A violation of this Act 
or a regulation issued under this Act shall be treated as a violation 
of a regulation under section 18(a)(1)(B) of the Federal Trade 
Commission Act (15 U.S.C. 57a(a)(1)(B)) regarding unfair or deceptive 
acts or practices.
    (b) Powers of Commission.--The Commission shall enforce this Act 
and the regulations issued under this Act in the same manner, by the 
same means, and with the same jurisdiction, powers, and duties as 
though all applicable terms and provisions of the Federal Trade 
Commission Act (15 U.S.C. 41 et seq.) were incorporated into and made a 
part of this Act, and any person who violates this Act or a regulation 
issued under this Act shall be subject to the penalties and entitled to 
the privileges and immunities provided in the Federal Trade Commission 
Act.
    (c) Commission Litigation Authority.--Section 16(a)(2) of the 
Federal Trade Commission Act (15 U.S.C. 56(a)(2)) is amended--
            (1) in subparagraph (D), by striking ``or'' after the 
        semicolon;
            (2) in subparagraph (E)--
                    (A) by moving the margins 2 ems to the left; and
                    (B) by inserting ``or'' after the semicolon; and
            (3) by inserting after subparagraph (E) the following:
            ``(F) under subsection (l) or (m) of section 5 of this Act 
        that arises from a violation of the Digital Services Oversight 
        and Safety Act of 2022 or a regulation issued under such 
        Act;''.
    (d) Regulations.--The Commission may issue regulations under 
section 553 of title 5, United States Code, to implement this Act.

SEC. 14. AUTHORIZATION OF APPROPRIATIONS.

    There is authorized to be appropriated to the Commission to carry 
out this Act, and to remain available until expended, $500,000,000 for 
each fiscal year beginning with fiscal year 2022.

SEC. 15. RULE OF CONSTRUCTION.

    Nothing in section 230 of the Communications Act of 1934 (47 U.S.C. 
230) may be construed to limit the application of, or to impair or 
limit the enforcement of--
            (1) this Act or a regulation issued under this Act; or
            (2) section 6(b) of the Federal Trade Commission Act (15 
        U.S.C. 46(b)).
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