,i #aafth ,,congress #ast ,session ,h4 ,r4 #dghb ,,in ,,the ,,house ,,of ,,representatives ,october #bb1 #bjai,mr4 ,thompson of ,mississippi 7for himself1 ,mr4 ,rose of ,new ,york1 ,ms4 ,barragn1 ,mrs4 ,watson ,coleman1 ,ms4 ,clarke of ,new ,york1 ,mr4 ,richmond1 ,mr4 ,payne1 ,mr4 ,langevin1 ,mr4 ,correa1 and ,mr4 ,cleaver7 introduced the following bill2 which was referred to the ,committee on ,homeland ,security1 and in addition to the ,committee on ,energy and ,commerce1 for a period to be subsequently determined by the ,speaker1 in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned ,a ,,bill ,to establish a national commission on online platforms and homeland security1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,national ,commission on ,online ,platforms and ,homeland ,security ,act4 #b4 ,national ,commission on ,online ,platforms and ,homeland ,security 7a7 ,establishment of commission ,there is established a ,national ,commission on ,online ,platforms and ,homeland ,security 7referred to in this section as the ,commission74 7b7 ,purposes ,the ,commission shall-- 7#a7 identify1 examine1 and report on the ways1 if any1 that online platforms have been utilized in furtherance of acts of targeted violence1 including domestic terrorism and international terrorism1 or covert foreign state influence campaigns2 and 7#b7 identify1 examine1 and report on the ways1 if any1 that free speech1 privacy1 civil rights1 and civil liberties are impacted by-- 7,a7 any utilization of online platforms in furtherance of acts of targeted violence1 including domestic terrorism and international terrorism1 or covert foreign state influence campaigns2 and 7,b7 any policies1 procedures1 or activities undertaken by owners and operators of online platforms to prevent or limit the utilization of online platforms in furtherance of acts of targeted violence1 including domestic terrorism and international terrorism1 or covert foreign state influence campaigns2 and 7#c7 develop recommendations1 as appropriate1 for how online platforms could address the utilization identified pursuant to paragraph 7#a71 if any1 in ways that are transparent and accountable1 to promote free speech and innovation on the internet1 preserve individual privacy1 civil rights1 and civil liberties1 and uphold the principles of the ,constitution1 in accordance with relevant existing statutes1 including section #eeb;a of title #e1 ,united ,states ,code 7commonly referred to as the ,privacy ,act of #aigd71 and take into account current or anticipated trends and technological developments1 such as advancements in artificial intelligence4 7c7 ,composition of commission 7#a7 ,members ,the ,commission shall be composed of #ab members1 of whom-- 7,a7 two members shall be appointed by the ,committee on ,homeland ,security in the ,house of ,representatives1 with one member selected by the ,chair and the other selected by the ,ranking ,member2 7,b7 two members shall be appointed by the ,committee on ,foreign ,affairs in the ,house of ,representatives1 with one member selected by the ,chair and the other selected by the ,ranking ,member2 7,c7 two members shall be appointed by the ,committee on ,energy and ,commerce in the ,house of ,representatives1 with one member selected by the ,chair and the other selected by the ,ranking ,member2 7,d7 two members shall be appointed by the ,committee on ,homeland ,security and ,governmental ,affairs in the ,senate1 with one member selected by the ,chair and the other selected by the ,ranking ,member2 7,e7 two members shall be appointed by the ,committee on ,foreign ,relations in the ,senate1 with one member selected by the ,chair and the other selected by the ,ranking ,member2 and 7,f7 two members shall be appointed by the ,committee on ,commerce1 ,science1 and ,transportation in the ,senate1 with one member selected by the ,chair and the other selected by the ,ranking ,member4 7#b7 ,qualifications 7,a7 ,areas of expertise ,individuals appointed to the ,commission shall be ,united ,states persons with experience in such professions as privacy1 civil rights1 civil liberties1 computer science and engineering1 digital media and communications1 online platform management1 cybersecurity1 information operations1 and national security4 ,the appointment of members to the ,commission shall1 to the extent possible1 be coordinated among nominations to ensure ,commission membership represents a variety of expertise in such fields4 7,b7 ,privacy1 civil rights1 and civil liberties ,not fewer than four individuals appointed to the ,commission shall be experts in the fields of privacy1 civil rights1 or civil liberties4 7,c7 ,non-government appointees ,an individual appointed to the ,commission may not be an officer or employee of the ,federal ,government4 7,d7 ,non-industry appointees ,an individual appointed to the ,commission may not be a current officer1 employee1 contractor1 or active or significant shareholder of an entity that owns or operates an online platform4 7#c7 ,deadline for appointment ,members of the ,commission shall be appointed not later than #cj days after the date of the enactment of this ,act4 7d7 ,chair ,the ,chair shall be chosen from among the members appointed to the ,commission on the basis of their qualifications with respect to privacy1 civil rights1 and civil liberties1 through a vote taken by a majority of ,commission members or1 in the absence of a majority1 by a plurality of ,commission members4 7e7 ,initial meeting ,the ,commission shall meet and begin operating not later than #cj days after the date of the appointment of its final member4 7f7 ,quorum2 vacancies ,after its initial meeting1 the ,commission shall meet upon the call of the ,chair or a majority of its members4 ,nine members of the ,commission shall constitute a quorum1 and members shall have the option to vote by proxy4 ,any vacancy in the ,commission shall not affect its powers1 but shall be filled in the same manner in which the original appointment was made4 7g7 ,study areas ,the ,commission shall1 consistent with the purposes specified in subsection 7b71 analyze existing research that relates to the utilization of online platforms in furtherance of acts of targeted violence1 including domestic terrorism and international terrorism1 or covert foreign state influence campaigns1 identify any areas with respect to which additional research is needed1 and study the following3 7#a7 ,the extent to which owners or operators of online platforms have been able to respond effectively to attempts to use online platforms in furtherance of acts of targeted violence1 including domestic terrorism and international terrorism1 or covert foreign state influence campaigns1 and what impact1 if any1 such responses have had on the privacy1 civil rights1 or civil liberties of users4 7#b7 ,the ways1 if any1 that online platforms' algorithms or other automated decision-making systems may impact privacy1 civil rights1 or civil liberties1 as well as how such algorithms may affect activity on online platforms in furtherance of acts of targeted violence1 including domestic terrorism and international terrorism1 or covert foreign state influence campaigns4 7#c7 ,the extent to which owners or operators of online platforms have transparent1 consistent1 and equitable policies and procedures to enforce terms of services or codes of conduct1 provide notice and an opportunity for redress1 or otherwise address violations of platform rules1 including a consideration of best practices for improving online platforms' policies and procedures1 including the recommendations contained in the ,santa ,clara ,principles on ,transparency and ,accountability in ,content ,moderation1 as published on ,february #b1 #bjah1 or successor principles with respect to the extent and impact of content removals and user suspensions and removals1 as well as principles related to the notice and appeals of such decisions4 7#d7 ,the extent to which owners or operators of online platforms consistently and effectively enforce the policies and procedures described in paragraph 7#c74 7#e7 ,the extent to which owners or operators of online platforms consider the potential use of online platforms in furtherance of targeted violence1 including domestic terrorism and international terrorism1 or covert foreign state influence campaigns1 when evaluating whether to enter into partnerships1 advertising agreements1 or other business opportunities4 7h7 ,powers of ,commission 7#a7 ,hearings and evidence ,for the purpose of carrying out this section1 the ,commission may-- 7,a7 hold such hearings and sit and act at such times and places1 take such testimony1 receive such evidence1 and administer such oaths2 and 7,b7 require1 by subpoena authorized by the majority vote of the ,commission1 the attendance and testimony of such witnesses and the production of such books1 records1 correspondence1 memoranda1 papers1 and documents1 as the ,commission may determine advisable4 7#b7 ,limitations on subpoena authority ,with respect to the subpoena authority granted in paragraph 7#a77;,b71 the ,commission-- 7,a7 may only issue a subpoena to an owner or operator of an online platform2 7,b7 may not1 under any circumstances1 issue a subpoena for information related to an individual user or group of users2 7,c7 may not share1 disclose1 publish1 or transmit in any way any information obtained through subpoena to a ,federal department or agency1 any agency of a ,state1 local1 ,tribal1 or territorial government1 or any international body2 7,d7 may not share1 disclose1 publish1 or transmit in any way any information obtained through subpoena with any individual or organization outside the ,commission unless three-fourths of ,commission members approve such action and that and that any such sharing1 disclosure1 publishing1 or transmission be reasonably necessary to further the ,commission's goals2 and 7,e7 shall comply with requirements for the issuance of a subpoena issued by a ,united ,states district court under the ,federal ,rules of ,civil ,procedure4 7#c7 ,public meetings and release of public versions of reports 7,a7 ,in general ,the ,commission shall-- 7i7 hold public hearings and meetings1 as appropriate2 7ii7 hold closed or classified hearings or meetings1 as appropriate2 7iii7 provide an opportunity for public comment1 including sharing of research and policy analysis1 through publication in the ,federal ,register of a solicitation for public comments during a period to last not fewer than #de days2 and 7iv7 release a public version of the report required under subsection 7k77#b74 7,b7 ,conduct ,any public hearing1 meeting1 or reporting of the ,commission under this paragraph shall be conducted in a manner consistent with the protection of information provided to or developed for or by the ,commission as required by any applicable statute1 regulation1 or ,executive order4 7#d7 ,obligation to protect personal information ,whether or not the ,commission receives personally identifiable information through the exercise of subpoena authority pursuant to paragraph 7#a77;,b71 neither the ,commission nor any member of the ,commission may publish1 disclose1 or release such information publicly or to a ,federal department or agency1 an agency of a ,state1 local1 ,tribal1 or territorial government1 any international body1 or any other individual or organization outside the ,commission4 7#e7 ,obligation to protect proprietary information ,in the event that the ,commission determines that information received from an owner or operator of an online platform includes confidential business information1 a trade secret1 or other proprietary information1 the ,commission shall ensure such information is not published1 disclosed1 or released to any individual or organization outside the ,commission4 7#f7 ,coordination with and assistance to the ,under ,secretary for ,science and ,technology of the ,department of ,homeland ,security ,the ,commission may1 to the extent practicable-- 7,a7 consult with the ,under ,secretary for ,science and ,technology of the ,department of ,homeland ,security on the research conducted in accordance with section #c2 and 7,b7 provide assistance in furtherance of such research1 as appropriate4 7#g7 ,personally identifiable information ,in providing testimony or producing books1 records1 correspondence1 memoranda1 papers1 documents1 or any other information or materials to the ,commission1 either to comply with a subpoena issued under this subsection or for any other purpose1 owners or operators of online platforms should review such information or materials for personally identifiable information and should remove such information4 7i7 ,staff of commission ,the ,chair1 in consultation with the ,vice ,chair1 and in accordance with rules agreed upon by the ,commission1 may appoint and fix the compensation of a staff director and such other personnel as may be necessary to enable the ,commission to carry out its functions1 without regard to the provisions of title #e1 ,united ,states ,code1 governing appointments in the competitive service1 and without regard to the provisions of chapter #ea and subchapter ,,iii of chapter #ec of such title relating to classification and ,general ,schedule pay rates1 except that no rate of pay fixed under this subsection may exceed the equivalent of that payable for a position at level ,v of the ,executive ,schedule under section #ecaf of title #e1 ,united ,states ,code4 7j7 ,security clearances for ,commission members and staff ,the heads of appropriate ,federal departments and agencies shall cooperate with the ,commission in expeditiously providing to ,commission members and staff appropriate security clearances to the extent practicable pursuant to existing procedures and requirements1 including temporary security clearances1 as appropriate4 ,no person may be provided access to classified information under this section without the appropriate security clearance4 7k7 ,reports of ,commission2 termination 7#a7 ,interim reports ,not later than one year after the first meeting of the ,commission1 the ,chair shall report to ,congress on the activities of the ,commission and share interim findings1 as have been agreed to by a majority of ,commission members4 7#b7 ,final report ,not later than two years after the first meeting of the ,commission1 the ,chair shall submit to the ,president and ,congress a report that contains any findings and recommendations agreed to by a majority of ,commission members to address the areas of study under subsection 7g71 including relating to the following3 7,a7 ,policy mechanisms that would address the ,commission's findings in a manner that promotes free speech and innovation on the internet1 preserves individual privacy1 civil rights1 and civil liberties1 and upholds the principles of the ,constitution4 7,b7 ,policies and procedures that owners or operators of online platforms could implement to address such areas of study that preserve the individual privacy1 civil rights1 and civil liberties of online platform users4 7,c7 ,mechanisms to improve transparency and accountability related to the matters described in subsection 7g71 including any best practices identified pursuant to paragraph 7#c7 of such subsection4 7,d7 ,areas with respect to which additional research is required1 informed by the evaluation of prior research1 as required under subsection 7g74 7,e7 ,other matters identified by the majority of ,commission members4 7#c7 ,termination ,the ,commission shall terminate on the date that is #ij days after the date on which the final report under paragraph 7#b7 is submitted4 7l7 ,action plan ,not later than #ahj days after submission of the final report of the ,commission pursuant to paragraph 7#b7 of subsection 7k71 the ,secretary of ,homeland ,security shall issue an action plan in response to findings and recommendations under subparagraph 7,d7 of such paragraph4 7m7 ,paperwork ,reduction ,act exemption ,subchapter ,i of chapter #ce of title #dd1 ,united ,states ,code1 shall not apply to this section4 7n7 ,rule of construction ,nothing in this section may be construed to confer any authority1 including law enforcement authority1 beyond that which is authorized under existing law4 #c4 ,research 7a7 ,in general ,the ,under ,secretary for ,science and ,technology of the ,department of ,homeland ,security shall-- 7#a7 analyze existing research regarding previous acts of targeted violence1 including domestic terrorism or international terrorism2 7#b7 carry out research to better understand whether any connection exists between the use of online platforms1 particularly platforms used for social media and social networking1 and targeted violence1 including domestic terrorism and international terrorism1 that takes into consideration how the organization1 structure1 and presentation of information on an online platform contributes1 or does not contribute1 to acts of targeted violence1 including domestic terrorism or international terrorism2 and 7#c7 develop voluntary approaches that could be adopted by owners and operators of online platforms to address research findings under paragraph 7#b71 while preserving the individual privacy1 civil rights1 and civil liberties of users4 7b7 ,partnership ,in carrying out this section1 the ,under ,secretary for ,science and ,technology of the ,department of ,homeland ,security shall1 to the extent practicable1 coordinate with the ,national ,commission on ,online ,platforms and ,homeland ,security under section #b1 as well as academic institutions1 non-profit organizations1 the private sector1 and ,federal1 ,state1 local1 and ,tribal partners1 as appropriate4 7c7 ,report ,not later than one year after the date of the enactment of this section1 the ,under ,secretary for ,science and ,technology of the ,department of ,homeland ,security shall submit to ,congress a report related to the research and development required under subsection 7a74 7d7 ,paperwork reduction act exemption ,subchapter ,i of chapter #ce of title #dd1 ,united ,states ,code1 shall not apply to this section4 #d4 ,definitions ,in this ,act3 7#a7 ,covert foreign state influence campaigns ,the term covert foreign state influence campaigns means the coordinated and covert application of state diplomatic1 informational1 military1 economic1 business1 corruption1 educational1 or other capability by foreign state actors to the ,united ,states to affect elections in the ,united ,states4 7#b7 ,domestic terrorism ,the term domestic terrorism has the meaning given such term in section #bcca of title #ah1 ,united ,states ,code4 7#c7 ,international terrorism ,the term international terrorism has the meaning given such term in section #bcca of title #ah1 ,united ,states ,code4 7#d7 ,online platform 7,a7 ,in general ,the term online platform means internet-based information services consisting of the storage and processing of information by and at the request of a content provider and the dissemination of such content to third parties4 7,b7 ,exclusions ,such term does not include the following3 7i7 ,platforms that offer journalistic or editorial content 7not including editorial decisions by online platforms to rank and organize third party content74 7ii7 ,applications and functionalities that enable private communications1 such as email1 direct messages1 and encrypted communication services4 7iii7 ,online service providers at layers of the internet infrastructure other than the application layer1 and cloud ,,it infrastructure service providers4 7#e7 ,personally identifiable information ,the term personally identifiable information means any information about an individual elicited1 collected1 stored1 or maintained by an agency or owner or operator of an online platform1 including the following3 7,a7 ,any information that can be used to distinguish or trace the identity of an individual1 such as a name1 a social security number1 a date and place of birth1 a mother's maiden name1 or biometric records4 7,b7 ,any other information that is linked or linkable to an individual1 such as medical1 educational1 financial1 or employment information4 7#f7 ,targeted violence ,the term targeted violence means any incident of violence in which an attacker selects a particular target prior to the incident of violence so as to suggest an intent to inflict mass injury or death and may be an act of domestic terrorism or international terrorism1 or an attack that otherwise lacks a clearly discernible political or ideological motivation1 such as the ,june #ab1 #bjaf1 nightclub mass shooting in ,orlando1 ,florida1 the ,october #a1 #bjag1 attack on concert-goers at a music festival in ,las ,vegas1 ,nevada1 and the ,august #c1 #bjai1 mass shooting at a store in ,el ,paso1 ,texas4