[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 4201 Introduced in Senate (IS)]

<DOC>






117th CONGRESS
  2d Session
                                S. 4201

  To establish a new Federal body to provide reasonable oversight and 
                    regulation of digital platforms.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              May 12, 2022

  Mr. Bennet introduced the following bill; which was read twice and 
   referred to the Committee on Commerce, Science, and Transportation

_______________________________________________________________________

                                 A BILL


 
  To establish a new Federal body to provide reasonable oversight and 
                    regulation of digital platforms.

    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 Platform 
Commission 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. Findings; sense of Congress.
Sec. 3. Definitions.
Sec. 4. Establishment of Federal Digital Platform Commission.
Sec. 5. Jurisdiction.
Sec. 6. Organization and general powers.
Sec. 7. Organization and functioning of the Commission.
Sec. 8. Code Council.
Sec. 9. Rulemaking authority, requirements, and considerations.
Sec. 10. Systemically important digital platforms.
Sec. 11. Inter-agency support.
Sec. 12. Petitions.
Sec. 13. Research.
Sec. 14. Investigative authority.
Sec. 15. HSR filings.
Sec. 16. Enforcement by private persons and governmental entities.
Sec. 17. Enforcement by Commission and Department of Justice.
Sec. 18. Proceedings to enjoin, set aside, annul, or suspend orders of 
                            the Commission.
Sec. 19. Report to Congress.
Sec. 20. Authorization of appropriations.

SEC. 2. FINDINGS; SENSE OF CONGRESS.

    (a) Findings.--Congress finds the following:
            (1) In the United States and around the world, digital 
        platforms and online services play a central role in modern 
        life by providing new tools for communication, commerce, 
        entrepreneurship, and debate.
            (2) The United States takes pride in the success of its 
        technology sector, which leads the world in innovation and 
        dynamism, provides valuable services to the people of the 
        United States, and supports thousands of good-paying jobs in 
        the United States.
            (3) In recent years, a few digital platforms have 
        benefitted from the combination of economies of scale, network 
        effects, and unique characteristics of the digital marketplace 
        to achieve vast power over the economy, society, and democracy 
        of the United States.
            (4) The last time Congress enacted legislation to 
        meaningfully regulate the technology or telecommunications 
        sector was the Telecommunications Act of 1996 (Public Law 104-
        104; 110 Stat 56.), years before many of today's largest 
        digital platforms even existed.
            (5) Digital platforms remain largely unregulated and are 
        left to write their own rules without meaningful democratic 
        input or accountability.
            (6) The unregulated policies and operations of some of the 
        most powerful digital platforms have at times produced 
        demonstrable harm, including--
                    (A) undercutting small businesses;
                    (B) abetting the collapse of trusted local 
                journalism;
                    (C) enabling addiction and other harms to the 
                mental health of the people of the United States, 
                especially minors;
                    (D) disseminating disinformation and hate speech;
                    (E) undermining privacy and monetizing the personal 
                data of individuals in the United States without their 
                informed consent; and
                    (F) in some cases, radicalizing individuals to 
                violence.
            (7) The failure of the United States Government to 
        establish appropriate regulations for digital platforms cedes 
        to foreign competitors the historic role played by the United 
        States in setting reasonable rules of the road and technical 
        standards for emerging technologies.
            (8) Throughout the history of the United States, Congress 
        has often responded to the emergence of powerful and complex 
        new sectors of the economy by empowering sector-specific expert 
        Federal regulators.
            (9) Throughout the history of the United States, the 
        Federal Government has established reasonable regulation, 
        consistent with the First Amendment to the Constitution of the 
        United States, to promote a diversity of viewpoints, support 
        civic engagement, and preserve the right of citizens to 
        communicate with each other, which is foundational to self-
        governance.
            (10) The unique power and complexity of several digital 
        platforms, combined with the absence of modern Federal 
        regulations, reinforces the need for a new Federal body 
        equipped with the authorities, tools, and expertise to regulate 
        digital platforms to ensure their operations remain consistent, 
        where appropriate, with the public interest.
    (b) Sense of Congress.--It is the sense of Congress that the 
Federal agency established under this Act should--
            (1) develop appropriate regulations and policies grounded 
        in the common law principles of the duty of care and the duty 
        to deal, insofar as those principles are relevant and 
        practical; and
            (2) adopt, where relevant and practical, a risk management 
        regulatory approach that prioritizes anticipating, limiting, 
        and balancing against other interests the broad economic, 
        societal, and political risks of harm posed by the activities 
        and operations of a person or class of persons.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Algorithmic process.--The term ``algorithmic process'' 
        means a computational process, including one derived from 
        machine learning or other artificial intelligence techniques, 
        that processes personal information or other data for the 
        purpose of determining the order or manner in which a set of 
        information is provided, recommended to, or withheld from a 
        user of a digital platform, including--
                    (A) the provision of commercial content;
                    (B) the display of social media posts;
                    (C) the display of search results or rankings; or
                    (D) any other method of automated decision making, 
                content selection, or content amplification.
            (2) Commission.--The term ``Commission'' means the Federal 
        Digital Platform Commission established under section 4.
            (3) Council.--The term ``Council'' means the Code Council 
        established under section 8(a).
            (4) Digital platform.--
                    (A) In general.--The term ``digital platform'' 
                means an online service that serves as an intermediary 
                facilitating interactions--
                            (i) between users; and
                            (ii) between users and--
                                    (I) entities offering goods and 
                                services through the online service; or
                                    (II) the online service with 
                                respect to goods and services offered 
                                directly by the online service.
                    (B) De minimis exception.--
                            (i) In general.--Notwithstanding 
                        subparagraph (A)(ii)(II), the term ``digital 
                        platform'' does not include an entity that 
                        offers goods and services to the public online 
                        if the offering of goods and services online is 
                        a de minimis part of the entity's overall 
                        business.
                            (ii) Online services that do not qualify 
                        for de minimis exception.--Notwithstanding 
                        clause (i), if an online service described in 
                        subparagraph (A)(ii)(II) is owned by an entity 
                        but is offered through an affiliate, 
                        partnership, or joint venture of, or is 
                        otherwise segregable from, the entity--
                                    (I) the online service shall be 
                                considered a digital platform; and
                                    (II) the entity shall not be 
                                considered a digital platform.
                    (C) Small digital platform businesses.--
                            (i) In general.--The term ``digital 
                        platform'' does not include a small digital 
                        platform business, except as provided in clause 
                        (iii).
                            (ii) SBA rulemaking.--Not later than 180 
                        days after the date of enactment of this Act, 
                        the Administrator of the Small Business 
                        Administration shall by regulation define the 
                        term ``small digital platform business'' for 
                        purposes of clause (i).
                            (iii) Non-applicability to systemically 
                        important digital platforms.--Clause (i) shall 
                        not apply to a systemically important digital 
                        platform.
                    (D) News organizations.--The term ``digital 
                platform'' does not include an entity whose primary 
                purpose is the delivery to the public of news that the 
                entity writes, edits, and reports.
            (5) Immediate family member.--The term ``immediate family 
        member'', with respect to an individual, means a spouse, 
        parent, sibling, or child of the individual.
            (6) Online service.--The term ``online service'' includes a 
        consumer-facing website, back-end online-support system, or 
        other facilitator of online transactions and activities.
            (7) Systemically important digital platform.--The term 
        ``systemically important digital platform'' means a digital 
        platform that the Commission has designated as a systemically 
        important digital platform under section 10.

SEC. 4. ESTABLISHMENT OF FEDERAL DIGITAL PLATFORM COMMISSION.

    (a) Establishment.--There is established a commission to be known 
as the ``Federal Digital Platform Commission'', which shall--
            (1) be constituted as provided in this Act; and
            (2) execute and enforce the provisions of this Act.
    (b) Purposes of Commission.--The purpose of the Commission is to 
regulate digital platforms, consistent with the public interest, 
convenience, and necessity, to promote to all the people of the United 
States, so far as possible, the following:
            (1) Access to digital platforms for civic engagement and 
        economic and educational opportunities.
            (2) Access to government services and public safety.
            (3) Competition to encourage the creation of new online 
        services and innovation, and to provide to consumers benefits 
        such as lower prices and better quality of service.
            (4) Prevention of harmful levels of concentration of 
        private power over critical digital infrastructure.
            (5) A robust and competitive marketplace of ideas with a 
        diversity of views at the local, State, and national levels.
            (6) Protection for consumers from deceptive, unfair, 
        unjust, unreasonable, or abusive practices committed by digital 
        platforms.
            (7) Assurance that the algorithmic processes of digital 
        platforms are fair, transparent, and safe.
    (c) Rule of Construction.--Nothing in this Act, or any amendment 
made by this Act, shall be construed to modify, impair, or supersede 
the applicability of any antitrust laws.

SEC. 5. JURISDICTION.

    (a) Plenary Jurisdiction.--The Commission shall have jurisdiction 
over any digital platform, the services of which--
            (1) originate or are received within the United States; and
            (2) affect interstate or foreign commerce.
    (b) Provisions Relative to Systemically Important Digital 
Platforms.--Not later than 180 days after the earliest date as of which 
not fewer than 3 Commissioners have been confirmed, the Commission 
shall determine whether to issue rules, with input from the Code 
Council as appropriate, to establish for systemically important digital 
platforms--
            (1) commercial and technical standards for--
                    (A) data portability; and
                    (B) interoperability, which shall be defined as the 
                functionality of information systems to--
                            (i) exchange data; and
                            (ii) enable sharing of information;
            (2) requirements for recommendation systems and other 
        algorithmic processes of systemically important digital 
        platforms to ensure that the algorithmic processes are fair, 
        transparent, and without harmful, abusive, anticompetitive, or 
        deceptive bias;
            (3) transparency requirements for terms of service, 
        including content moderation policies;
            (4) requirements for regular public risk assessments of the 
        distribution of harmful content on a systemically important 
        digital platform and steps the systemically important digital 
        platform has taken, or plans to take, to mitigate those harms;
            (5) transparency and disclosure obligations to enable--
                    (A) oversight by the Commission;
                    (B) third-party audits to ensure the accuracy of 
                any public risk assessments required under paragraph 
                (4); and
                    (C) trusted third-party research in the public 
                interest; and
            (6) commercial and technical standards to ensure 
        accessibility to individuals with a disability, as defined in 
        section 3 of the Americans with Disabilities Act of 1990 (42 
        U.S.C. 12102), including to provide the ability for an 
        individual who has a hearing impairment, speech impairment, or 
        vision impairment to engage with systemically important digital 
        platforms in a manner that is functionally equivalent to the 
        ability of an individual who does not have a hearing 
        impairment, speech impairment, or vision impairment to engage 
        with systemically important digital platforms.
    (c) Forbearance.--
            (1) In general.--The Commission may forbear from exercising 
        jurisdiction over a digital platform or class of digital 
        platforms based on size, revenue, market share, or other 
        attributes the Commission determines appropriate.
            (2) Flexibility.--The Commission may reassert jurisdiction 
        over a digital platform or class of digital platform over which 
        the Commission forbore from exercising jurisdiction under 
        paragraph (1).

SEC. 6. ORGANIZATION AND GENERAL POWERS.

    (a) In General.--The Commission shall be composed of 5 
Commissioners appointed by the President, by and with the advice and 
consent of the Senate, one of whom the President shall designate as 
chair.
    (b) Qualifications.--
            (1) Citizenship.--Each member of the Commission shall be a 
        citizen of the United States.
            (2) Conflicts of interest.--
                    (A) In general.--Subject to subparagraphs (B) and 
                (C), no member of the Commission or person employed by 
                the Commission, and no immediate family member thereof, 
                shall--
                            (i) be financially interested in--
                                    (I) any person significantly 
                                regulated by the Commission under this 
                                Act; or
                                    (II) a third party in direct and 
                                substantial competition with a person 
                                described in subclause (I); or
                            (ii) be employed by, hold any official 
                        relation to, or own any stocks, bonds, or other 
                        securities of, any person or third party 
                        described in clause (i).
                    (B) Significant interest.--The prohibitions under 
                subparagraph (A) shall apply only to financial 
                interests in any company or other entity that has a 
                significant interest in activities subject to 
                regulation by the Commission.
                    (C) Waiver.--
                            (i) In general.--Subject to section 208 of 
                        title 18, United States Code, the Commission 
                        may waive, from time to time, the application 
                        of the prohibitions under subparagraph (A) to 
                        persons employed by the Commission, or 
                        immediate family members thereof, if the 
                        Commission determines that the financial 
                        interests of a person that are involved in a 
                        particular case are minimal.
                            (ii) No waiver for commissioners.--The 
                        waiver authority under clause (i) shall not 
                        apply with respect to members of the 
                        Commission.
                            (iii) Publication.--If the Commission 
                        exercises the waiver authority under clause 
                        (i), the Commission shall publish notice of 
                        that action in the Federal Register.
            (3) Determination of significant interest.--The Commission, 
        in determining for purposes of paragraph (2) whether a company 
        or other entity has a significant interest in activities that 
        are subject to regulation by the Commission, shall consider, 
        without excluding other relevant factors--
                    (A) the revenues, investments, profits, and 
                managerial efforts directed to the related activities 
                of the company or other entity, as compared to the 
                other aspects of the business of the company or other 
                entity;
                    (B) the extent to which the Commission regulates 
                and oversees the activities of the company or other 
                entity;
                    (C) the degree to which the economic interests of 
                the company or other entity may be affected by any 
                action of the Commission; and
                    (D) the perceptions held by the public regarding 
                the business activities of the company or other entity.
            (4) No other employment.--A member of the Commission may 
        not engage in any other business, vocation, profession, or 
        employment while serving as a member of the Commission.
            (5) Political parties.--The maximum number of commissioners 
        who may be members of the same political party shall be a 
        number equal to the least number of commissioners that 
        constitutes a majority of the full membership of the 
        Commission.
    (c) Term.--
            (1) In general.--A commissioner--
                    (A) shall be appointed for a term of 5 years; and
                    (B) may continue to serve after the expiration of 
                the fixed term of office of the commissioner until a 
                successor is appointed and has been confirmed and taken 
                the oath of office.
            (2) Filling of vacancies.--Any person chosen to fill a 
        vacancy in the Commission--
                    (A) shall be appointed for the unexpired term of 
                the commissioner that the person succeeds;
                    (B) except as provided in subparagraph (C), may 
                continue to serve after the expiration of the fixed 
                term of office of the commissioner that the person 
                succeeds until a successor is appointed and has been 
                confirmed and taken the oath of office; and
                    (C) may not continue to serve after the expiration 
                of the session of Congress that begins after the 
                expiration of the fixed term of office of the 
                commissioner that the person succeeds.
            (3) Effect of vacancy on powers of commission.--Except as 
        provided in section 9(e) (relating to repeal of prior rules), 
        no vacancy in the Commission shall impair the right of the 
        remaining commissioners to exercise all the powers of the 
        Commission.
    (d) Salary of Commissioners.--
            (1) In general.--Each Commissioner shall receive an annual 
        salary at the annual rate payable from time to time for grade 
        16 of the pay scale of the Securities and Exchange Commission, 
        payable in monthly installments.
            (2) Chair.--The Chair of the Commission, during the period 
        of service as Chair, shall receive an annual salary at the 
        annual rate payable from time to time for grade 17 of the pay 
        scale of the Securities and Exchange Commission.
    (e) Principal Office.--
            (1) General sessions.--The principal office of the 
        Commission shall be in the District of Columbia, where its 
        general sessions shall be held.
            (2) Special sessions.--Whenever the convenience of the 
        public or of the parties may be promoted or delay or expense 
        prevented thereby, the Commission may hold special sessions in 
        any part of the United States.
    (f) Employees.--
            (1) In general.--The Commission may, subject to the civil 
        service laws and the Classification Act of 1949, as amended, 
        appoint such officers, engineers, accountants, attorneys, 
        inspectors, examiners, and other employees as are necessary in 
        the exercise of its functions.
            (2) Assistants.--
                    (A) Professional assistants; secretary.--Without 
                regard to the civil-service laws, but subject to the 
                Classification Act of 1949, each commissioner may 
                appoint professional assistants and a secretary, each 
                of whom shall perform such duties as the commissioner 
                shall direct.
                    (B) Administrative assistant to chair.--In addition 
                to the authority under subparagraph (A), the Chair of 
                the Commission may appoint, without regard to the 
                civil-service laws, but subject to the Classification 
                Act of 1949, an administrative assistant who shall 
                perform such duties as the Chair shall direct.
            (3) Use of volunteers to monitor violations relating to 
        online services.--
                    (A) Recruitment and training of volunteers.--The 
                Commission, for purposes of monitoring violations of 
                any provision of this Act (and of any regulation 
                prescribed by the Commission under this Act), may--
                            (i) recruit and train any software 
                        engineer, computer scientist, data scientist, 
                        or other individual with skills or expertise 
                        relevant to the responsibilities of the 
                        Commission; and
                            (ii) accept and employ the voluntary and 
                        uncompensated services of individuals described 
                        in clause (i).
                    (B) No limitations on voluntary services.--The 
                authority of the Commission under subparagraph (A) 
                shall not be subject to or affected by--
                            (i) part III of title 5, United States 
                        Code; or
                            (ii) section 1342 of title 31, United 
                        States Code.
                    (C) No federal employment.--Any individual who 
                provides services under this paragraph or who provides 
                goods in connection with such services shall not be 
                considered a Federal or special government employee.
                    (D) Broad representation.--The Commission, in 
                accepting and employing services of individuals under 
                subparagraph (A), shall seek to achieve a broad 
                representation of individuals and organizations.
                    (E) Rules of conduct.--The Commission may establish 
                rules of conduct and other regulations governing the 
                service of individuals under this paragraph.
                    (F) Regulations for personnel practices.--The 
                Commission may prescribe regulations to select, 
                oversee, sanction, and dismiss any individual 
                authorized under this paragraph to be employed by the 
                Commission.
    (g) Expenditures.--
            (1) In general.--The Commission may make such expenditures 
        (including expenditures for rent and personal services at the 
        seat of government and elsewhere, for office supplies, online 
        subscriptions, electronics, law books, periodicals, 
        subscriptions, and books of reference), as may be necessary for 
        the execution of the functions vested in the Commission and as 
        may be appropriated for by Congress in accordance with the 
        authorizations of appropriations under section 20.
            (2) Reimbursement.--All expenditures of the Commission, 
        including all necessary expenses for transportation incurred by 
        the commissioners or by their employees, under their orders, in 
        making any investigation or upon any official business in any 
        other places than in the city of Washington, shall be allowed 
        and paid on the presentation of itemized vouchers therefor 
        approved by the Chair of the Commission or by such other 
        members or officer thereof as may be designated by the 
        Commission for that purpose.
            (3) Gifts.--
                    (A) In general.--Notwithstanding any other 
                provision of law, in furtherance of its functions the 
                Commission is authorized to accept, hold, administer, 
                and use unconditional gifts, donations, and bequests of 
                real, personal, and other property (including voluntary 
                and uncompensated services, as authorized by section 
                3109 of title 5, United States Code).
                    (B) Taxes.--For the purpose of Federal law on 
                income taxes, estate taxes, and gift taxes, property or 
                services accepted under the authority of subparagraph 
                (A) shall be deemed to be a gift, bequest, or devise to 
                the United States.
                    (C) Regulations.--
                            (i) In general.--The Commission shall 
                        promulgate regulations to carry out this 
                        paragraph.
                            (ii) Conflicts of interest.--The 
                        regulations promulgated under clause (i) shall 
                        include provisions to preclude the acceptance 
                        of any gift, bequest, or donation that would 
                        create a conflict of interest or the appearance 
                        of a conflict of interest.
    (h) Quorum; Seal.--
            (1) Quorum.--Three members of the Commission shall 
        constitute a quorum thereof.
            (2) Seal.--The Commission shall have an official seal which 
        shall be judicially noticed.
    (i) Duties and Powers.--The Commission may perform any and all 
acts, including collection of any information from digital platforms 
under the jurisdiction of the Commission as the Commission determines 
necessary, without regard to any final determination of the Office on 
Management and Budget under chapter 35 of title 44, United States Code 
(commonly referred to as the ``Paperwork Reduction Act''), make such 
rules and regulations, and issue such orders, not inconsistent with 
this Act, as may be necessary in the execution of its functions.
    (j) Conduct of Proceedings; Hearings.--
            (1) In general.--The Commission may conduct its proceedings 
        in such manner as will best conduce to the proper dispatch of 
        business and to the ends of justice.
            (2) Conflict of interest.--No commissioner shall 
        participate in any hearing or proceeding in which he has a 
        pecuniary interest.
            (3) Open to all parties.--Any party may appear before the 
        Commission and be heard in person or by attorney.
            (4) Record of proceedings.--
                    (A) In general.--Subject to subparagraph (B)--
                            (i) every vote and official act of the 
                        Commission shall be entered of record; and
                            (ii) the Commission shall endeavor to make 
                        each proceeding public, while recognizing the 
                        occasional need for private convening and 
                        deliberation.
                    (B) Defense information.--The Commission may 
                withhold publication of records or proceedings 
                containing secret information affecting the national 
                defense.
    (k) Record of Reports.--All reports of investigations made by the 
Commission shall be entered of record, and a copy thereof shall be 
furnished to the party who may have complained, and to any digital 
platform or licensee that may have been complained of.
    (l) Publication of Reports; Admissibility as Evidence.--The 
Commission shall provide for the publication of its reports and 
decisions in such form and manner as may be best adapted for public 
information and use, and such authorized publications shall be 
competent evidence of the reports and decisions of the Commission 
therein contained in all courts of the United States and of the several 
States without any further proof or authentication thereof.
    (m) Compensation of Appointees.--Rates of compensation of persons 
appointed under this section shall be subject to the reduction 
applicable to officers and employees of the Federal Government 
generally.
    (n) Memoranda of Understanding.--The Commission shall enter into 
memoranda of understanding with the Federal Communications Commission, 
the Federal Trade Commission, and the Department of Justice to ensure, 
to the greatest extent possible, coordination, collaboration, and the 
effective use of Federal resources concerning areas of overlapping 
jurisdiction.

SEC. 7. ORGANIZATION AND FUNCTIONING OF THE COMMISSION.

    (a) Chair; Duties; Vacancy.--
            (1) In general.--The member of the Commission designated by 
        the President as Chair shall be the chief executive officer of 
        the Commission.
            (2) Duties.--The Chair of the Commission shall--
                    (A) preside at all meetings and sessions of the 
                Commission;
                    (B) represent the Commission in all matters 
                relating to legislation and legislative reports, except 
                that any commissioner may present the commissioner's 
                own or minority views or supplemental reports;
                    (C) represent the Commission in all matters 
                requiring conferences or communications with other 
                governmental officers, departments, or agencies; and
                    (D) generally coordinate and organize the work of 
                the Commission in such manner as to promote prompt and 
                efficient disposition of all matters within the 
                jurisdiction of the Commission.
            (3) Vacancy.--In the case of a vacancy in the office of the 
        Chair of the Commission, or the absence or inability of the 
        Chair to serve, the Commission may temporarily designate a 
        member of the Commission to act as Chair until the cause or 
        circumstance requiring the designation is eliminated or 
        corrected.
    (b) Organization of Staff.--
            (1) In general.--From time to time as the Commission may 
        find necessary, the Commission shall organize its staff into--
                    (A) bureaus, to function on the basis of the 
                Commission's principal workload operations; and
                    (B) such other divisional organizations as the 
                Commission may determine necessary.
            (2) Integration.--The Commission, to the extent 
        practicable, shall organize the bureaus and other divisions of 
        the Commission to--
                    (A) promote collaboration and cross-cutting subject 
                matter and technical expertise; and
                    (B) avoid organization silos.
            (3) Personnel.--Each bureau established under paragraph 
        (1)(A) shall include such legal, engineering, accounting, 
        administrative, clerical, and other personnel as the Commission 
        may determine to be necessary to perform its functions.
            (4) Expert personnel.--The Commission shall prioritize, to 
        the extent practicable, the hiring of staff with a demonstrated 
        academic or professional background in computer science, data 
        science, application development, technology policy, and other 
        areas the Commission may determine necessary to perform its 
        functions.
    (c) Delegation of Functions; Exceptions to Initial Orders; Force, 
Effect, and Enforcement of Orders; Administrative and Judicial Review; 
Qualifications and Compensation of Delegates; Assignment of Cases; 
Separation of Review and Investigative or Prosecuting Functions; 
Secretary; Seal.--
            (1) Delegation of functions.--
                    (A) In general.--When necessary to the proper 
                functioning of the Commission and the prompt and 
                orderly conduct of its business, the Commission may, by 
                published rule or by order, delegate any of its 
                functions to a panel of commissioners, an individual 
                commissioner, an employee board, or an individual 
                employee, including functions with respect to hearing, 
                determining, ordering, certifying, reporting, or 
                otherwise acting as to any work, business, or matter; 
                except that in delegating review functions to employees 
                in cases of adjudication (as defined in the 
                Administrative Procedure Act), the delegation in any 
                such case may be made only to an employee board 
                consisting of 2 or more employees referred to in 
                paragraph (7).
                    (B) Minimum vote.--Any rule or order described in 
                subparagraph (A) may be adopted, amended, or rescinded 
                only by a vote of a majority of the members of the 
                Commission then holding office.
            (2) Force, effect, and enforcement of orders.--Any order, 
        decision, report, or action made or taken pursuant to a 
        delegation under paragraph (1), unless reviewed as provided in 
        paragraph (3), shall have the same force and effect, and shall 
        be made, evidenced, and enforced in the same manner, as orders, 
        decisions, reports, or other actions of the Commission.
            (3) Administrative and judicial review.--
                    (A) Aggrieved persons.--Any person aggrieved by an 
                order, decision, report, or action described in 
                paragraph (1) may file an application for review by the 
                Commission within such time and in such manner as the 
                Commission shall prescribe, and every such application 
                shall be passed upon by the Commission.
                    (B) Initiative of commission.--The Commission, on 
                its own initiative, may review in whole or in part, at 
                such time and in such manner as it shall determine, any 
                order, decision, report, or action made or taken 
                pursuant to any delegation under paragraph (1).
            (4) Review.--
                    (A) In general.--In passing upon an application for 
                review filed under paragraph (3), the Commission may 
                grant, in whole or in part, or deny the application 
                without specifying any reasons therefor.
                    (B) Questions of fact or law.--No application for 
                review filed under paragraph (3)(A) shall rely on 
                questions of fact or law upon which the panel of 
                commissioners, individual commissioner, employee board, 
                or individual employee has been afforded no opportunity 
                to pass.
            (5) Grant of application.--If the Commission grants an 
        application for review filed under paragraph (3)(A), the 
        Commission may--
                    (A) affirm, modify, or set aside the order, 
                decision, report, or action; or
                    (B) order a rehearing upon the order, decision, 
                report, or action.
            (6) Application required for judicial review.--The filing 
        of an application for review under paragraph (3)(A) shall be a 
        condition precedent to judicial review of any order, decision, 
        report, or action made or taken pursuant to a delegation under 
        paragraph (1).
            (7) Qualifications and compensation of delegates; 
        assignment of cases; separation of review and investigative or 
        prosecuting functions.--
                    (A) Qualifications of delegates.--The employees to 
                whom the Commission may delegate review functions in 
                any case of adjudication (as defined in the 
                Administrative Procedure Act)--
                            (i) shall be qualified, by reason of their 
                        training, experience, and competence, to 
                        perform such review functions; and
                            (ii) shall perform no duties inconsistent 
                        with such review functions.
                    (B) Compensation.--An employee described in 
                subparagraph (A) shall be in a grade classification or 
                salary level commensurate with the important duties of 
                the employee, and in no event less than the grade 
                classification or salary level of the employee or 
                employees whose actions are to be reviewed.
                    (C) Separation.--In the performance of review 
                functions described in subparagraph (A), employees 
                described in that subparagraph--
                            (i) shall be assigned to cases in rotation 
                        so far as practicable; and
                            (ii) shall not be responsible to or subject 
                        to the supervision or direction of any officer, 
                        employee, or agent engaged in the performance 
                        of investigative or prosecuting functions for 
                        any agency.
            (8) Secretary; seal.--The secretary and seal of the 
        Commission shall be the secretary and seal of each panel of the 
        Commission, each individual commissioner, and each employee 
        board or individual employee exercising functions delegated 
        pursuant to paragraph (1) of this subsection.
    (d) Meetings.--Meetings of the Commission shall be held at regular 
intervals, not less frequently than once each calendar month, at which 
times the functioning of the Commission and the handling of its 
workload shall be reviewed and such orders shall be entered and other 
action taken as may be necessary or appropriate to expedite the prompt 
and orderly conduct of the business of the Commission with the 
objective of rendering a final decision in a timely fashion.
    (e) Managing Director.--
            (1) In general.--The Commission shall have a Managing 
        Director who shall be appointed by the Chair subject to the 
        approval of the Commission.
            (2) Functions.--The Managing Director, under the 
        supervision and direction of the Chair, shall perform such 
        administrative and executive functions as the Chair shall 
        delegate.
            (3) Pay.--The Managing Director shall be paid at a rate 
        equal to the rate then payable for grade 15 of the pay scale of 
        the Securities and Exchange Commission.

SEC. 8. CODE COUNCIL.

    (a) Establishment.--The Commission shall establish a Code Council 
that shall develop proposed voluntary or enforceable behavioral codes, 
technical standards, or other policies for digital platforms through 
the code process under subsection (e).
    (b) Membership.--
            (1) In general.--The Council shall consist of 18 members, 
        of whom--
                    (A) 6 shall be representatives of digital platforms 
                or associations of digital platforms, not fewer than 3 
                of whom shall be representatives of systemically 
                important digital platforms or associations that 
                include systemically important digital platforms;
                    (B) 6 shall be representatives of nonprofit public 
                interest groups, academics, and other experts not 
                affiliated with commercial enterprises, with 
                demonstrated expertise in technology policy, law, 
                consumer protection, privacy, competition, 
                disinformation, or another area the Chair determines 
                relevant; and
                    (C) 6 shall be technical experts in engineering, 
                application development, computer science, data 
                science, machine learning, communications, media 
                studies, and any other discipline the Chair determines 
                relevant.
            (2) Appointment.--The Chair shall appoint each member of 
        the Council, subject to approval by the Commission.
            (3) Terms.--
                    (A) In general.--A member of the Council shall be 
                appointed for a term of 3 years.
                    (B) Staggered terms.--The terms of members of the 
                Council shall be staggered such that one-third of the 
                membership of the Council changes each year.
    (c) Meetings.--The Council shall meet publicly not less frequently 
than once a month.
    (d) Chair and Vice Chair.--
            (1) In general.--There shall be a Chair and Vice Chair of 
        the Council--
                    (A) one of whom shall be a member described in 
                subparagraph (A) of subsection (b)(1); and
                    (B) one of whom shall be a member described in 
                subparagraph (B) of subsection (b)(1).
            (2) Annual rotation.--The Chair or Vice Chair for a 
        calendar year shall be a member described in a different 
        subparagraph of subsection (b)(1) than the member who served as 
        Chair or Vice Chair, respectively, for the preceding calendar 
        year.
    (e) Code Process.--
            (1) In general.--The Commission may, at any time, initiate 
        a process to develop a voluntary or enforceable behavioral 
        code, technical standard, or other policy for digital platforms 
        or a class of digital platforms.
            (2) Initiation based on petition or council vote.--The 
        Commission may initiate the process described in paragraph (1) 
        if--
                    (A) the Commission receives a petition from the 
                public, including from a digital platform or an 
                association of digital platforms; or
                    (B) the Council votes to initiate the process.
            (3) Council examination and vote.--If the process described 
        in paragraph (1) is initiated, the Council--
                    (A) shall consider and develop, if appropriate, a 
                proposed behavioral code, technical standard, or other 
                policy for digital platforms or a class of digital 
                platforms;
                    (B) in considering and developing a proposed code, 
                standard, or policy under subparagraph (A), shall--
                            (i) allow for submission of feedback by any 
                        interested party; and
                            (ii) make available to the public a factual 
                        record, developed during the consideration and 
                        development of the proposed code, standard, or 
                        policy, that includes any submission received 
                        under clause (i);
                    (C) not earlier than 180 days and not later than 
                360 days after the date on which the process is 
                initiated, shall vote on whether to submit a 
                recommendation for the proposed code, standard, or 
                policy to the Commission; and
                    (D) may submit minority views along with a 
                recommendation under subparagraph (C), as appropriate.
            (4) Public review; commission examination and vote.--Upon 
        receipt of a recommendation for a proposed behavioral code, 
        technical standard, or other policy from the Council under 
        paragraph (3), the Commission shall--
                    (A) allow for submission of comments on the 
                proposed code, standard, or policy by any interested 
                party for a period of not fewer than 45 days and not 
                more than 90 days, and publicly disclose any comments 
                received;
                    (B) examine the proposed code, standard, or policy, 
                along with comments received under subparagraph (A);
                    (C) determine whether to adopt, reject, or adopt 
                with modifications the proposed code, standard, or 
                policy;
                    (D) provide a public rationale for the 
                determination under subparagraph (C); and
                    (E) promulgate rules to carry out the determination 
                under subparagraph (C) in accordance with section 553 
                of title 5, United States Code.
            (5) Updates.--Not less frequently than once every 5 years, 
        the Commission shall review and update, as necessary, any 
        behavioral code, technical standard, or other policy 
        established by rule under paragraph (4).
            (6) Rule of construction.--Nothing in this subsection shall 
        be construed to affect the authority of the Commission to 
        promulgate rules under section 9.
    (f) Qualifications.--
            (1) Citizenship.--Each member of the Council shall be a 
        United States citizen or an alien lawfully admitted for 
        permanent residence to the United States.
            (2) Conflicts of interest.--
                    (A) In general.--Subject to subparagraphs (B) and 
                (C), no member of the Council other than a member 
                appointed under subsection (b)(1)(A) shall--
                            (i) be financially interested in any 
                        company or other entity engaged in the business 
                        of providing online services;
                            (ii) be financially interested in any 
                        company or other entity that controls any 
                        company or other entity specified in clause 
                        (i), or that derives a significant portion of 
                        its total income from ownership of stocks, 
                        bonds, or other securities of any such company 
                        or other entity; or
                            (iii) be employed by, hold any official 
                        relation to, or own any stocks, bonds, or other 
                        securities of, any person significantly 
                        regulated by the Commission under this Act.
                    (B) Significant interest.--The prohibitions under 
                subparagraph (A) shall apply only to financial 
                interests in any company or other entity that has a 
                significant interest in activities subject to 
                regulation by the Commission.
                    (C) Waiver.--
                            (i) In general.--Subject to section 208 of 
                        title 18, United States Code, the Commission 
                        may waive, from time to time, the application 
                        of the prohibitions under subparagraph (A) to a 
                        member of the Council if the Commission 
                        determines that the financial interests of the 
                        member that are involved in a particular case 
                        are minimal.
                            (ii) Publication.--If the Commission 
                        exercises the waiver authority under clause 
                        (i), the Commission shall publish notice of 
                        that action in the Federal Register.
            (3) Determination of significant interest.--The Commission, 
        in determining for purposes of paragraph (2) whether a company 
        or other entity has a significant interest in activities that 
        are subject to regulation by the Commission, shall consider, 
        without excluding other relevant factors--
                    (A) the revenues, investments, profits, and 
                managerial efforts directed to the related activities 
                of the company or other entity, as compared to the 
                other aspects of the business of the company or other 
                entity;
                    (B) the extent to which the Commission regulates 
                and oversees the activities of the company or other 
                entity;
                    (C) the degree to which the economic interests of 
                the company or other entity may be affected by any 
                action of the Commission; and
                    (D) the perceptions held by the public regarding 
                the business activities of the company or other entity.
    (g) Rule of Construction.--Nothing in this section shall be 
construed to authorize the Council to promulgate rules.

SEC. 9. RULEMAKING AUTHORITY, REQUIREMENTS, AND CONSIDERATIONS.

     The Commission--
            (1) may promulgate rules to carry out this Act in 
        accordance with section 553 of title 5, United States Code; and
            (2) shall tailor the rules promulgated under paragraph (1), 
        as appropriate, based on the size, dominance, and other 
        attributes of particular digital platforms.

SEC. 10. SYSTEMICALLY IMPORTANT DIGITAL PLATFORMS.

    (a) Designation of SIDPs; Rulemaking Authority.--The Commission 
may--
            (1) designate systemically important digital platforms in 
        accordance with this section; and
            (2) promulgate rules specific to systemically important 
        digital platforms, consistent with the purposes of the 
        Commission under section 4(b).
    (b) Mandatory Criteria.--The Commission shall designate a digital 
platform a systemically important digital platform if the platform--
            (1) is open to the public on one side;
            (2) has significant engagement among users, which may take 
        the form of private groups, public groups, and the sharing of 
        posts visible to some or all users;
            (3) conducts business primarily at the interstate or 
        international level, as opposed to the intrastate level; and
            (4) has operations with significant nationwide economic, 
        social, or political impacts, as defined by the Commission for 
        purposes of this paragraph through notice-and-comment 
        rulemaking under section 553 of title 5, United States Code, 
        which may include--
                    (A) the ability of the platform to significantly 
                shape the national dissemination of news;
                    (B) the ability of the platform to cause a person 
                significant, immediate, and demonstrable economic, 
                social, or political harm by exclusion from the 
                platform;
                    (C) the market power of the platform;
                    (D) the number of unique daily users of the 
                platform; and
                    (E) the dependence of business users, especially 
                small business users, on the platform to reach 
                customers.
    (c) Annual and Other Reports.--
            (1) Authority to require reports.--The Commission may--
                    (A) require annual reports from systemically 
                important digital platforms subject to this Act, and 
                from persons directly or indirectly controlling or 
                controlled by, or under direct or indirect control 
                with, any such platform;
                    (B) prescribe the content expected in such reports;
                    (C) prescribe the manner in which such reports 
                shall be made; and
                    (D) require from such persons specific answers to 
                all questions upon which the Commission may need 
                information.
            (2) Administration.--
                    (A) Time period covered; filing.--A report under 
                paragraph (1)--
                            (i) shall be for such 12 months' period as 
                        the Commission shall designate; and
                            (ii) shall be filed with the Commission at 
                        its office in Washington not later than 3 
                        months after the close of the year for which 
                        the report is made, unless additional time is 
                        granted in any case by the Commission.
                    (B) Failure to meet deadline.--If a person subject 
                to this subsection fails to make and file an annual 
                report within the time specified under subparagraph 
                (A), or within the time extended by the Commission, for 
                making and filing the report, or fails to make specific 
                answer to any question authorized by this subsection 
                within 30 days after the time the person is lawfully 
                required so to do, the person shall forfeit to the 
                United States--
                            (i) $10,000 for each day the person 
                        continues to be in default with respect 
                        thereto, for the first 30 days of such default; 
                        and
                            (ii) an amount determined appropriate by 
                        the Commission for each subsequent day that the 
                        person continues to be in default with respect 
                        thereto, which may not exceed 1 percent of the 
                        total global revenue of the person during the 
                        preceding year.

SEC. 11. INTER-AGENCY SUPPORT.

    (a) Expert Support.--Upon request from any other Federal agency for 
expertise, technical assistance, or other support from the Commission, 
the Commission shall provide that support.
    (b) Required Consultation by Other Federal Agencies.--Any Federal 
agency, including the Federal Trade Commission and the Antitrust 
Division of the Department of Justice, engaged in investigation, 
regulation, or oversight with respect to the impact of digital 
platforms on consumer protection, competition, civic engagement, or 
democratic values and institutions shall consult with the Commission in 
carrying out that investigation, regulation, or oversight.
    (c) Required Consultation With Other Federal Agencies.--The 
Commission, in carrying out investigation, regulation, or oversight 
with respect to the impact of digital platforms on consumer protection, 
competition, civic engagement, or democratic values and institutions, 
shall consult with each other Federal agency, including the Federal 
Trade Commission and the Antitrust Division of the Department of 
Justice, that is engaged in investigation, regulation, or oversight 
with respect to the impact of digital platforms on consumer protection, 
competition, civic engagement, or democratic values and institutions.

SEC. 12. PETITIONS.

    (a) Petition for Forbearance.--
            (1) Submission.--
                    (A) In general.--Any digital platform or 
                association of digital platforms may submit a petition 
                to the Commission requesting that the Commission 
                forbear the application and enforcement of a rule 
                promulgated under this Act, including a behavioral code 
                of conduct, technical standard, or other policy 
                established by rule under section 8.
                    (B) Publication.--
                            (i) In general.--Subject to clause (ii), 
                        the Commission shall make a petition submitted 
                        under subparagraph (A) available to the public.
                            (ii) Waiver.--The Commission may waive the 
                        requirement under clause (i) if the Commission 
                        makes the rationale for the waiver available to 
                        the public.
            (2) Dismissal without prejudice.--
                    (A) In general.--Any petition submitted under 
                paragraph (1) shall be deemed dismissed without 
                prejudice if the Commission does not grant the petition 
                within 18 months after the date on which the Commission 
                receives the petition, unless the Commission extends 
                the 18-month period under subparagraph (B) of this 
                paragraph.
                    (B) Extension.--The Commission may extend the 
                initial 18-month period under subparagraph (A) by an 
                additional 3 months.
            (3) Scope of grant authority; written explanation.--The 
        Commission may grant or deny a petition submitted under 
        paragraph (1) in whole or in part and shall explain its 
        decision in writing.
            (4) Notice and comment requirements.--Section 553 of title 
        5, United States Code, shall apply to any determination of the 
        Commission to forbear the application and enforcement of a rule 
        under paragraph (1) of this subsection.
    (b) State Enforcement After Commission Forbearance.--A State 
commission may not continue to apply or enforce any rule, including any 
behavioral code, technical standard, or other policy established by 
rule, that the Commission has determined to forbear from applying under 
subsection (a).

SEC. 13. RESEARCH.

    (a) Research Office.--In order to carry out the purposes of this 
Act, the Commission shall establish an office with not fewer than 20 
dedicated employees to conduct internal research, and collaborate with 
outside academics and experts, as appropriate, to further the purposes 
of the Commission under section 4(b).
    (b) Research Grants.--
            (1) In general.--The office established under subsection 
        (a) may competitively award grants to academic institutions and 
        experts to conduct research consistent with the purposes of the 
        Commission under section 4(b).
            (2) Public availability.--A recipient of a grant awarded 
        under paragraph (1) shall make the findings of the research 
        conducted using the grant publicly available.
    (c) Pilot Research Program for Sensitive Data.--The Commission 
shall by rule establish a pilot program that allows vetted, nonprofit, 
financially disinterested academic institutions and experts to access 
data and other information collected from a digital platform by the 
Commission for the purposes of research and analysis consistent with 
the public interest, while--
            (1) ensuring that no personally identifiable information of 
        any user of the digital platform is publicly available; and
            (2) making every effort to--
                    (A) avoid harm to the business interests of the 
                digital platform; and
                    (B) ensure the safety and security of the private 
                data and other information of the digital platform.

SEC. 14. INVESTIGATIVE AUTHORITY.

    (a) In General.--The Commission may inquire into the management of 
the business of digital platforms subject to this Act, and shall keep 
itself informed as to the manner and method in which that management is 
conducted and as to technical and business developments in the 
provision of online services.
    (b) Information.--The Commission may obtain from digital platforms 
subject to this Act and from persons directly or indirectly controlling 
or controlled by, or under direct or indirect control with, those 
platforms full and complete information necessary, including data 
flows, to enable the Commission to perform the duties and carry out the 
objects for which it was created.

SEC. 15. HSR FILINGS.

    Section 7A of the Clayton Act (15 U.S.C. 18a) is amended by adding 
at the end the following:
    ``(l)(1) In this subsection--
            ``(A) the terms `Commission' and `systemically important 
        digital platform' have the meanings given the terms in section 
        3 of the Digital Platform Commission Act of 2022; and
            ``(B) the term `covered acquisition' means an acquisition--
                    ``(i) subject to this section; and
                    ``(ii) in which the acquiring person or the person 
                whose voting securities or assets are being acquired is 
                a systemically important digital platform.
    ``(2) Any notification required under subsection (a) for a covered 
acquisition shall be submitted to the Commission.
    ``(3) The Commission may request the submission of additional 
information or documentary material relevant to a covered acquisition.
    ``(4) The Commission may submit a recommendation to the Federal 
Trade Commission and the Assistant Attorney General on whether the 
covered acquisition violates any of the purposes of the Commission 
under section 4(b) of the Digital Platform Commission Act of 2022.
    ``(5) The Federal Trade Commission and the Assistant Attorney 
General--
            ``(A) shall cooperate with the Commission in determining 
        whether a covered acquisition, if consummated, would violate 
        the antitrust laws or the purposes of the Commission under 
        section 4(b) of the Digital Platform Commission Act of 2022;
            ``(B) may use the recommendation of the Commission as a 
        basis for rejecting the covered acquisition, or for imposing 
        additional requirements to consummate the acquisition, even if 
        the covered acquisition does not violate the antitrust laws but 
        violates other purposes of the Commission under section 4(b) of 
        the Digital Platform Commission Act of 2022; and
            ``(C) in making a determination described in subparagraphs 
        (A), shall give substantial weight to the recommendation of the 
        Commission.''.

SEC. 16. ENFORCEMENT BY PRIVATE PERSONS AND GOVERNMENTAL ENTITIES.

    (a) Recovery of Damages.--Any person claiming to be damaged by any 
digital platform subject to this Act may--
            (1) make complaint to the Commission under subsection (b); 
        or
            (2) bring a civil action for enforcement of this Act, 
        including the rules promulgated under this Act, in any district 
        court of the United States of competent jurisdiction.
    (b) Complaints to the Commission.--
            (1) In general.--
                    (A) Application.--Any person, any body politic or 
                municipal organization, or any State attorney general 
                or State commission, complaining of anything done or 
                omitted to be done by any digital platform subject to 
                this Act, in contravention of the provisions thereof, 
                may apply to the Commission by petition which shall 
                briefly state the facts, whereupon a statement of the 
                complaint thus made shall be forwarded by the 
                Commission to the digital platform, which shall be 
                called upon to satisfy the complaint or to answer the 
                complaint in writing within a reasonable time to be 
                specified by the Commission.
                    (B) Relief of liability.--If a digital platform 
                described in subparagraph (A) within the time specified 
                makes reparation for the injury alleged to have been 
                caused, the platform shall be relieved of liability to 
                the complainant only for the particular violation of 
                law thus complained of.
                    (C) Investigation.--If a digital platform described 
                in subparagraph (A) does not satisfy the complaint 
                within the time specified or there shall appear to be 
                any reasonable ground for investigating the complaint, 
                the Commission shall investigate the matters complained 
                of in such manner and by such means as the Commission 
                determines proper.
                    (D) Direct damage not required.--No complaint shall 
                at any time be dismissed because of the absence of 
                direct damage to the complainant.
            (2) Order.--
                    (A) In general.--The Commission shall, with respect 
                to any investigation under this subsection of the 
                lawfulness of a charge, classification, regulation, or 
                practice, issue an order concluding the investigation 
                not later than 180 days after the date on which the 
                complaint was filed.
                    (B) Final order.--Any order concluding an 
                investigation under subparagraph (A) shall be a final 
                order and may be appealed under section 18.
            (3) Orders for payment of money.--If, after hearing on a 
        complaint under this paragraph, the Commission determines that 
        any party complainant is entitled to an award of damages under 
        this Act, the Commission shall make an order directing the 
        digital platform to pay to the complainant the sum to which the 
        complainant is entitled on or before a day named.
    (c) Enforcement by State Attorneys General.--If the attorney 
general of a State has reason to believe that an interest of the 
residents of the State has been or is threatened or adversely affected 
by any person who violates this Act or a rule promulgated under this 
Act, the attorney general of the State, as parens patrie, may bring a 
civil action on behalf of the residents of the State in any district 
court of the United States of competent jurisdiction for enforcement of 
this Act, including the rules promulgated under this Act.
    (d) Liability of Digital Platform for Acts and Omissions of 
Agents.--In construing and enforcing the provisions of this Act, the 
act, omission, or failure of any officer, agent, or other person acting 
for or employed by any digital platform or user, acting within the 
scope of his employment, shall in every case be also deemed to be the 
act, omission, or failure of the platform or user as well as that of 
the person.

SEC. 17. ENFORCEMENT BY COMMISSION AND DEPARTMENT OF JUSTICE.

    (a) Orders.--
            (1) Administrative order.--If the Commission believes that 
        a person has violated or will violate this Act, the Commission 
        may issue and cause to be served on the person an order 
        requiring the person, as applicable--
                    (A) to cease and desist, or refrain, from the 
                violation; or
                    (B) to pay restitution to any victim of the 
                violation.
            (2) Civil action to enforce order.--The Commission or the 
        Attorney General may bring a civil action in an appropriate 
        district court of the United States to enforce an order issued 
        under paragraph (1).
    (b) Civil Penalty.--
            (1) In general.--Any digital platform that knowingly 
        violates this Act shall be liable to the United States for a 
        civil penalty.
            (2) Separate offenses.--Each distinct violation described 
        in paragraph (1) shall be a separate offense, and in case of 
        continuing violation each day shall be deemed a separate 
        offense.
            (3) Deterrence.--The Commission shall establish a civil 
        penalty for a violation of this Act in an amount that the 
        Commission determines appropriate to deter future violations of 
        this Act.
            (4) Annual cap.--The total amount of civil penalties 
        imposed on a digital platform during a year under paragraph (1) 
        may not exceed 15 percent of the total global revenue of the 
        digital platform during the preceding year.

SEC. 18. PROCEEDINGS TO ENJOIN, SET ASIDE, ANNUL, OR SUSPEND ORDERS OF 
              THE COMMISSION.

    (a) Right To Appeal.--An appeal may be taken from any decision or 
order of the Commission, by any person who is aggrieved or whose 
interests are adversely affected by the decision or order, to the 
United States Court of Appeals for the District of Columbia or the 
United States court of appeals for the circuit in which the person 
resides.
    (b) Filing Notice of Appeal; Contents; Jurisdiction; Temporary 
Orders.--
            (1) Filing notice of appeal.--An appeal described in 
        subsection (a) shall be taken by filing a notice of appeal with 
        the appropriate United States court of appeals not later than 
        30 days after the date on which public notice is given of the 
        decision or order complained of.
            (2) Contents.--A notice of appeal filed under paragraph (1) 
        shall contain--
                    (A) a concise statement of the nature of the 
                proceedings as to which the appeal is taken;
                    (B) a concise statement of the reasons on which the 
                appellant intends to rely, separately stated and 
                numbered; and
                    (C) proof of service of a true copy of the notice 
                and statements upon the Commission.
            (3) Jurisdiction.--Upon the filing of a notice of appeal 
        with a United States court of appeals under paragraph (1), the 
        court--
                    (A) shall have jurisdiction of the proceedings and 
                of the questions determined therein; and
                    (B) shall have power, by order, directed to the 
                Commission or any other party to the appeal, to grant 
                such temporary relief as the court may deem just and 
                proper.
            (4) Temporary orders.--An order granting temporary relief 
        issued by the court under paragraph (3)--
                    (A) may be affirmative or negative in scope and 
                application so as to permit--
                            (i) the maintenance of the status quo in 
                        the matter in which the appeal is taken; or
                            (ii) the restoration of a position or 
                        status terminated or adversely affected by the 
                        order appealed from; and
                    (B) shall, unless otherwise ordered by the court, 
                be effective pending hearing and determination of the 
                appeal and compliance by the Commission with the final 
                judgment of the court rendered in the appeal.
    (c) Notice to Interested Parties; Filing of Record.--
            (1) Notice to interested parties.--Not later than 5 days 
        after filing a notice of appeal under subsection (b), the 
        appellant shall provide, to each person shown by the records of 
        the Commission to be interested in the appeal, notice of--
                    (A) the filing; and
                    (B) the pendency of the appeal.
            (2) Filing of record.--The Commission shall file with the 
        court the record upon which the order complained of was 
        entered, as provided in section 2112 of title 28, United States 
        Code.
    (d) Intervention.--
            (1) Right to intervene.--Not later than 30 days after the 
        filing of an appeal described in subsection (a), any interested 
        party may intervene and participate in the proceedings had upon 
        the appeal by filing with the court--
                    (A) a notice of intention to intervene and a 
                verified statement showing the nature of the interest 
                of the person; and
                    (B) proof of service of true copies of the notice 
                and statement described in subparagraph (A) upon--
                            (i) the appellant; and
                            (ii) the Commission.
            (2) Interested party.--For purposes of paragraph (1), any 
        person who would be aggrieved or whose interest would be 
        adversely affected by a reversal or modification of the order 
        of the Commission complained of shall be considered an 
        interested party.
    (e) Record and Briefs.--The record and briefs upon which an appeal 
described in subsection (a) shall be heard and determined by the court 
shall contain such information and material, and shall be prepared 
within such time and in such manner, as the court may by rule 
prescribe.
    (f) Time of Hearing; Procedure.--The court shall hear and determine 
an appeal described in subsection (a) upon the record before it in the 
manner prescribed by section 706 of title 5, United States Code.
    (g) Remand.--If the court renders a decision and enters an order 
reversing the order of the Commission--
            (1) the court shall remand the case to the Commission to 
        carry out the judgment of the court; and
            (2) the Commission, in the absence of proceedings to review 
        the judgment under paragraph (1) or (2) of subsection (i), 
        shall forthwith give effect to the judgment, and unless 
        otherwise ordered by the court, shall do so upon the basis of--
                    (A) the proceedings already had; and
                    (B) the record upon which the appeal was heard and 
                determined.
    (h) Judgment for Costs.--The court may, in its discretion, enter 
judgment for costs in favor of or against an appellant, or other 
interested parties intervening in the appeal, but not against the 
Commission, depending upon the nature of the issues involved in the 
appeal and the outcome of the appeal.
    (i) Finality of Decision; Review by Supreme Court.--The judgment of 
a court of appeals under this section shall be final, subject to review 
by the Supreme Court of the United States--
            (1) upon writ of certiorari on petition therefor under 
        section 1254 of title 28, United States Code, by--
                    (A) the appellant;
                    (B) the Commission; or
                    (C) any interested party intervening in the appeal; 
                or
            (2) by certification by the court of appeals under such 
        section 1254.

SEC. 19. REPORT TO CONGRESS.

    (a) In General.--Not earlier than 5 years after the date of 
enactment of this Act, the President shall establish an independent 
panel to--
            (1) comprehensively study the policies, operations, and 
        regulations of the Commission; and
            (2) submit an in-depth report to the congressional 
        committees of jurisdiction, including the Committee on 
        Commerce, Science, and Transportation of the Senate and the 
        Committee on Energy and Commerce of the House of 
        Representatives, that includes--
                    (A) an evaluation of the effectiveness of the 
                Commission in achieving the purposes under section 
                4(b);
                    (B) recommended reforms to strengthen the 
                Commission; and
                    (C) a recommendation regarding whether the 
                Commission should continue in effect.
    (b) Membership.--The independent panel established under subsection 
(a) shall consist of 10 members, of whom--
            (1) 2 shall be appointed by the President;
            (2) 2 shall be appointed by the majority leader of the 
        Senate;
            (3) 2 shall be appointed by the minority leader of the 
        Senate;
            (4) 2 shall be appointed by the Speaker of the House of 
        Representatives; and
            (5) 2 shall be appointed by the minority leader of the 
        House of Representatives.

SEC. 20. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated to the Commission to carry 
out the functions of the Commission--
            (1) $100,000,000 for fiscal year 2023;
            (2) $200,000,000 for fiscal year 2024;
            (3) $300,000,000 for fiscal year 2025;
            (4) $450,000,000 for fiscal year 2026; and
            (5) $500,000,000 for each of fiscal years 2027 through 
        2032.
                                 <all>