National Commission on Online Platforms and Homeland Security Act

IB Union Calendar No. 566 116TH CONGRESS 2D SESSION H. R. 4782 [Report No. 116–683, Part I] To establish a national commission on online platforms and homeland security, and for other purposes. IN THE HOUSE OF REPRESENTATIVES OCTOBER 22, 2019 Mr. THOMPSON of Mississippi (for himself, Mr. ROSE of New York, Ms. BARRAGA´N, Mrs. WATSON COLEMAN, Ms. CLARKE of New York, Mr. RICHMOND, Mr. PAYNE, Mr. LANGEVIN, Mr. CORREA, and Mr. CLEAV- ER) introduced the following bill; which was referred to the Committee on Homeland Security, and in addition to the Committee on Energy and Commerce, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the juris- diction of the committee concerned DECEMBER 21, 2020 Additional sponsors: Ms. TITUS, Mr. TAYLOR, Ms. TORRES SMALL of New Mexico, Ms. SLOTKIN, Mrs. AXNE, Mr. GONZALEZ of Texas, Ms. NOR- TON, Mr. MOULTON, and Mr. CASE DECEMBER 21, 2020 Reported from the Committee on Homeland Security with an amendment [Strike out all after the enacting clause and insert the part printed in italic] DECEMBER 21, 2020 Committee on Energy and Commerce discharged; committed to the Committee of the Whole House on the State of the Union and ordered to be printed [For text of introduced bill, see copy of bill as introduced on October 22, 2019] VerDate Sep 11 2014 22:25 Dec 22, 2020 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6652 E:\BILLS\H4782.RH H4782 kjohnson on DSK79L0C42PROD with BILLS 2 •HR 4782 RH A BILL To establish a national commission on online platforms and homeland security, and for other purposes. VerDate Sep 11 2014 22:25 Dec 22, 2020 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6652 E:\BILLS\H4782.RH H4782 kjohnson on DSK79L0C42PROD with BILLS 3 •HR 4782 RH Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘National Commission 4 on Online Platforms and Homeland Security Act’’. 5 SEC. 2. NATIONAL COMMISSION ON ONLINE PLATFORMS 6 AND HOMELAND SECURITY. 7 (a) ESTABLISHMENT OF COMMISSION.—There is estab- 8 lished a National Commission on Online Platforms and 9 Homeland Security (referred to in this section as the ‘‘Com- 10 mission’’). 11 (b) PURPOSES.—The Commission shall— 12 (1) identify, examine, and report on the ways, if 13 any, that online platforms have been utilized in fur- 14 therance of acts of targeted violence, including domes- 15 tic terrorism and international terrorism, or covert 16 foreign state influence campaigns; and 17 (2) identify, examine, and report on the ways, if 18 any, that free speech, privacy, civil rights, and civil 19 liberties are impacted by— 20 (A) any utilization of online platforms in 21 furtherance of acts of targeted violence, including 22 domestic terrorism and international terrorism, 23 or covert foreign state influence campaigns; and 24 VerDate Sep 11 2014 22:25 Dec 22, 2020 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6203 E:\BILLS\H4782.RH H4782 kjohnson on DSK79L0C42PROD with BILLS 4 •HR 4782 RH (B) any policies, procedures, or activities 1 undertaken by owners and operators of online 2 platforms to prevent or limit the utilization of 3 online platforms in furtherance of acts of tar- 4 geted violence, including domestic terrorism and 5 international terrorism, or covert foreign state 6 influence campaigns; and 7 (3) develop recommendations, as appropriate, for 8 how online platforms could address the utilization 9 identified pursuant to paragraph (1), if any, in ways 10 that are transparent and accountable, to promote free 11 speech and innovation on the internet, preserve indi- 12 vidual privacy, civil rights, and civil liberties, and 13 uphold the principles of the Constitution, in accord- 14 ance with relevant existing statutes, including section 15 552a of title 5, United States Code (commonly re- 16 ferred to as the Privacy Act of 1974), and take into 17 account current or anticipated trends and techno- 18 logical developments, such as advancements in artifi- 19 cial intelligence. 20 (c) COMPOSITION OF COMMISSION.— 21 (1) MEMBERS.—The Commission shall be com- 22 posed of 12 members, of whom— 23 (A) two members shall be appointed by the 24 Committee on Homeland Security in the House 25 VerDate Sep 11 2014 22:25 Dec 22, 2020 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6203 E:\BILLS\H4782.RH H4782 kjohnson on DSK79L0C42PROD with BILLS 5 •HR 4782 RH of Representatives, with one member selected by 1 the Chair and the other selected by the Ranking 2 Member; 3 (B) two members shall be appointed by the 4 Committee on Foreign Affairs in the House of 5 Representatives, with one member selected by the 6 Chair and the other selected by the Ranking 7 Member; 8 (C) two members shall be appointed by the 9 Committee on Energy and Commerce in the 10 House of Representatives, with one member se- 11 lected by the Chair and the other selected by the 12 Ranking Member; 13 (D) two members shall be appointed by the 14 Committee on Homeland Security and Govern- 15 ment Affairs in the Senate, with one member se- 16 lected by the Chair and the other selected by the 17 Ranking Member; 18 (E) two members shall be appointed by the 19 Committee on Foreign Relations in the Senate, 20 with one member selected by the Chair and the 21 other selected by the Ranking Member; and 22 (F) two members shall be appointed by the 23 Committee on Commerce, Science, and Transpor- 24 tation in the Senate, with one member selected 25 VerDate Sep 11 2014 22:25 Dec 22, 2020 Jkt 019200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6203 E:\BILLS\H4782.RH H4782 kjohnson on DSK79L0C42PROD with BILLS 6 •HR 4782 RH by the Chair and the other selected by the Rank- 1 ing Member. 2 (2) QUALIFICATIONS.— 3 (A) AREAS OF EXPERTISE.—Individuals 4 appointed to the Commission shall be United 5 States persons with experience in such profes- 6 sions as privacy, civil rights, civil liberties, con- 7 stitutional law, computer science and engineer- 8 ing, digital media and communications, online 9 platform management, cybersecurity, informa- 10 tion operations, and national security. The ap- 11 pointment of members to the Commission shall, 12 to the extent possible, be coordinated among 13 nominations to ensure Commission membership 14 represents a variety of expertise in such fields. 15 (B) PRIVACY, CIVIL RIGHTS, AND CIVIL LIB- 16 ERTIES.—Not fewer than four individuals ap- 17 pointed to the Commission shall be experts in the 18 fields of privacy, civil rights, or civil liberties, 19 and not fewer than one individual shall be an 20 expert in constitutional law. 21 (C) NON-GOVERNMENT APPOINTEES.—An 22 individual appointed to the Commission may 23 not be an officer or employee of the Federal Gov- 24 ernment. 25 VerDate Sep 11 2014 22:25 Dec 22, 2020 Jkt 019200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6203 E:\BILLS\H4782.RH H4782 kjohnson on DSK79L0C42PROD with BILLS 7 •HR 4782 RH (D) NON-INDUSTRY APPOINTEES.—An indi- 1 vidual appointed to the Commission may not be 2 a current officer, employee, contractor, or active 3 or significant shareholder of an entity that owns 4 or operates an online platform. 5 (3) DEADLINE FOR APPOINTMENT.—Members of 6 the Commission shall be appointed not later than 30 7 days after the date of the enactment of this Act. 8 (d) CHAIR.—The Chair shall be chosen from among 9 the members appointed to the Commission on the basis of 10 their qualifications with respect to privacy, civil rights, and 11 civil liberties, through a vote taken by a majority of Com- 12 mission members or, in the absence of a majority, by a plu- 13 rality of Commission members. 14 (e) INITIAL MEETING.—The Commission shall meet 15 and begin operating not later than 30 days after the date 16 of the appointment of its final member. 17 (f) QUORUM; VACANCIES.—After its initial meeting, 18 the Commission shall meet upon the call of the Chair or 19 a majority of its members. Nine members of the Commission 20 shall constitute a quorum, and members shall have the op- 21 tion to vote by proxy. Any vacancy in the Commission shall 22 not affect its powers, but shall be filled in the same manner 23 in which the original appointment was made. 24 VerDate Sep 11 2014 22:25 Dec 22, 2020 Jkt 019200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6203 E:\BILLS\H4782.RH H4782 kjohnson on DSK79L0C42PROD with BILLS 8 •HR 4782 RH (g) STUDY AREAS.—The Commission shall, consistent 1 with the purposes specified in subsection (b), analyze exist- 2 ing research that relates to the utilization of online plat- 3 forms in furtherance of acts of targeted violence, including 4 domestic terrorism and international terrorism, or covert 5 foreign state influence campaigns, identify any areas with 6 respect to which additional research is needed, and study 7 the following: 8 (1) The extent to which owners or operators of 9 online platforms have been able to respond effectively 10 to attempts to use online platforms in furtherance of 11 acts of targeted violence, including domestic terrorism 12 and international terrorism, or covert foreign state 13 influence campaigns, and what impact, if any, such 14 responses have had on the privacy, civil rights, or 15 civil liberties of users. 16 (2) The ways, if any, that online platforms’ algo- 17 rithms or other automated decision-making systems 18 may have affected activity on such platforms in fur- 19 therance of acts of targeted violence, including domes- 20 tic terrorism and international terrorism, or covert 21 foreign state influence campaigns. 22 (3) The extent to which owners or operators of 23 online platforms have transparent, consistent, and eq- 24 uitable policies and procedures to enforce terms of 25 VerDate Sep 11 2014 22:25 Dec 22, 2020 Jkt 019200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6203 E:\BILLS\H4782.RH H4782 kjohnson on DSK79L0C42PROD with BILLS 9 •HR 4782 RH services or codes of conduct, provide notice and an op- 1 portunity for redress, or otherwise address violations 2 of platform rules, including a consideration of best 3 practices for improving online platforms’ policies and 4 procedures, including the recommendations contained 5 in the Santa Clara Principles on Transparency and 6 Accountability in Content Moderation, as published 7 on February 2, 2018, or successor principles with re- 8 spect to the extent and impact of content removals 9 and user suspensions and removals, as well as prin- 10 ciples related to the notice and appeals of such deci- 11 sions. 12 (4) The extent to which owners or operators of 13 online platforms consistently and effectively enforce 14 the policies and procedures described in paragraph 15 (3). 16 (5) The extent to which owners or operators of 17 online platforms consider the potential use of online 18 platforms in furtherance of targeted violence, includ- 19 ing domestic terrorism and international terrorism, 20 or covert foreign state influence campaigns, when 21 evaluating whether to enter into partnerships, adver- 22 tising agreements, or other business opportunities. 23 (h) POWERS OF COMMISSION.— 24 VerDate Sep 11 2014 22:25 Dec 22, 2020 Jkt 019200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6203 E:\BILLS\H4782.RH H4782 kjohnson on DSK79L0C42PROD with BILLS 10 •HR 4782 RH (1) HEARINGS AND EVIDENCE.—For the purpose 1 of carrying out this section, the Commission may— 2 (A) hold such hearings and sit and act at 3 such times and places, take such testimony, re- 4 ceive such evidence, and administer such oaths, 5 and 6 (B) require, by subpoena authorized by the 7 majority vote of the Commission, the attendance 8 and testimony of such witnesses and the produc- 9 tion of such books, records, correspondence, 10 memoranda, papers, and documents, but only to 11 the extent necessary to achieve the purposes spec- 12 ified in subsection (b). 13 (2) LIMITATIONS ON SUBPOENA AUTHORITY.— 14 With respect to the subpoena authority granted in 15 paragraph (1)(B), the Commission— 16 (A) may only issue a subpoena to an owner 17 or operator of an online platform but only to the 18 extent necessary to achieve the purposes specified 19 in subsection (b); 20 (B) may not, under any circumstances, 21 issue a subpoena for information related to an 22 individual user or group of users; 23 (C) may not share, disclose, publish, or 24 transmit in any way any information obtained 25 VerDate Sep 11 2014 22:25 Dec 22, 2020 Jkt 019200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6203 E:\BILLS\H4782.RH H4782 kjohnson on DSK79L0C42PROD with BILLS 11 •HR 4782 RH through subpoena to a Federal department or 1 agency, any agency of a State, local, Tribal, or 2 territorial government, or any international 3 body; 4 (D) may not share, disclose, publish, or 5 transmit in any way any information obtained 6 through subpoena with any individual or orga- 7 nization outside the Commission unless three- 8 fourths of Commission members approve such ac- 9 tion and that any such sharing, disclosure, pub- 10 lishing, or transmission be reasonably necessary 11 for the report and to further the Commission’s 12 goals; and 13 (E) shall comply with requirements for the 14 issuance of a subpoena issued by a United States 15 district court under the Federal Rules of Civil 16 Procedure. 17 (3) PUBLIC MEETINGS AND RELEASE OF PUBLIC 18 VERSIONS OF REPORTS.— 19 (A) IN GENERAL.—The Commission shall— 20 (i) hold public hearings and meetings, 21 as appropriate; 22 (ii) hold closed or classified hearings or 23 meetings, as appropriate; 24 VerDate Sep 11 2014 22:25 Dec 22, 2020 Jkt 019200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6203 E:\BILLS\H4782.RH H4782 kjohnson on DSK79L0C42PROD with BILLS 12 •HR 4782 RH (iii) provide an opportunity for public 1 comment, including sharing of research and 2 policy analysis, through publication in the 3 Federal Register of a solicitation for public 4 comments during a period to last not fewer 5 than 45 days; and 6 (iv) release a public version of the re- 7 port required under subsection (k)(2). 8 (B) CONDUCT.—Any public hearing, meet- 9 ing, or reporting of the Commission under this 10 paragraph shall be conducted in a manner con- 11 sistent with the protection of information pro- 12 vided to or developed for or by the Commission 13 as required by any applicable statute, regulation, 14 or Executive order. 15 (4) OBLIGATION TO PROTECT PERSONAL INFOR- 16 MATION.—Whether or not the Commission receives 17 personally identifiable information through the exer- 18 cise of subpoena authority pursuant to paragraph 19 (1)(B), neither the Commission nor any member of 20 the Commission may publish, disclose, or release such 21 information publicly or to a Federal department or 22 agency, an agency of a State, local, Tribal, or terri- 23 torial gov [Text truncated for display. Full text available on Congress.gov.]