,,ii #aagth ,,congress #b;d ,session ,s4 #dbja ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,may #ab1 #bjbb,mr4 ,bennet introduced the following bill2 which was read twice and referred to the ,committee on ,commerce1 ,science1 and ,transportation ,a ,,bill ,to establish a new ,federal body to provide reasonable oversight and regulation of digital platforms4 #a4 ,short title2 table of contents 7a7 ,short title ,this ,act may be cited as the ,digital ,platform ,commission ,act of #bjbb4 7b7 ,table of contents ,the table of contents for this ,act is as follows3 ,sec4 #a4 ,short title2 table of contents4,sec4 #b4 ,findings2 sense of ,congress4,sec4 #c4 ,definitions4,sec4 #d4 ,establishment of ,federal ,digital ,platform ,commission4,sec4 #e4 ,jurisdiction4,sec4 #f4 ,organization and general powers4,sec4 #g4 ,organization and functioning of the ,commission4,sec4 #h4 ,code ,council4,sec4 #i4 ,rulemaking authority1 requirements1 and considerations4,sec4 #aj4 ,systemically important digital platforms4,sec4 #aa4 ,inter-agency support4,sec4 #ab4 ,petitions4,sec4 #ac4 ,research4,sec4 #ad4 ,investigative authority4,sec4 #ae4 ,,hsr filings4,sec4 #af4 ,enforcement by private persons and governmental entities4,sec4 #ag4 ,enforcement by ,commission and ,department of ,justice4,sec4 #ah4 ,proceedings to enjoin1 set aside1 annul1 or suspend orders of the ,commission4,sec4 #ai4 ,report to ,congress4,sec4 #bj4 ,authorization of appropriations4 #b4 ,findings2 sense of ,congress 7a7 ,findings ,congress finds the following3 7#a7 ,in the ,united ,states and around the world1 digital platforms and online services play a central role in modern life by providing new tools for communication1 commerce1 entrepreneurship1 and debate4 7#b7 ,the ,united ,states takes pride in the success of its technology sector1 which leads the world in innovation and dynamism1 provides valuable services to the people of the ,united ,states1 and supports thousands of good-paying jobs in the ,united ,states4 7#c7 ,in recent years1 a few digital platforms have benefitted from the combination of economies of scale1 network effects1 and unique characteristics of the digital marketplace to achieve vast power over the economy1 society1 and democracy of the ,united ,states4 7#d7 ,the last time ,congress enacted legislation to meaningfully regulate the technology or telecommunications sector was the ,telecommunications ,act of #aiif 7,public ,law #ajd-ajd2 #aaj ,stat #ef471 years before many of today's largest digital platforms even existed4 7#e7 ,digital platforms remain largely unregulated and are left to write their own rules without meaningful democratic input or accountability4 7#f7 ,the unregulated policies and operations of some of the most powerful digital platforms have at times produced demonstrable harm1 including-- 7,a7 undercutting small businesses2 7,b7 abetting the collapse of trusted local journalism2 7,c7 enabling addiction and other harms to the mental health of the people of the ,united ,states1 especially minors2 7,d7 disseminating disinformation and hate speech2 7,e7 undermining privacy and monetizing the personal data of individuals in the ,united ,states without their informed consent2 and 7,f7 in some cases1 radicalizing individuals to violence4 7#g7 ,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 technologies4 7#h7 ,throughout the history of the ,united ,states1 ,congress has often responded to the emergence of powerful and complex new sectors of the economy by empowering sector-specific expert ,federal regulators4 7#i7 ,throughout the history of the ,united ,states1 the ,federal ,government has established reasonable regulation1 consistent with the ,first ,amendment to the ,constitution of the ,united ,states1 to promote a diversity of viewpoints1 support civic engagement1 and preserve the right of citizens to communicate with each other1 which is foundational to self-governance4 7#aj7 ,the unique power and complexity of several digital platforms1 combined with the absence of modern ,federal regulations1 reinforces the need for a new ,federal body equipped with the authorities1 tools1 and expertise to regulate digital platforms to ensure their operations remain consistent1 where appropriate1 with the public interest4 7b7 ,sense of ,congress ,it is the sense of ,congress that the ,federal agency established under this ,act should-- 7#a7 develop appropriate regulations and policies grounded in the common law principles of the duty of care and the duty to deal1 insofar as those principles are relevant and practical2 and 7#b7 adopt1 where relevant and practical1 a risk management regulatory approach that prioritizes anticipating1 limiting1 and balancing against other interests the broad economic1 societal1 and political risks of harm posed by the activities and operations of a person or class of persons4 #c4 ,definitions ,in this ,act3 7#a7 ,algorithmic process ,the term algorithmic process means a computational process1 including one derived from machine learning or other artificial intelligence techniques1 that processes personal information or other data for the purpose of determining the order or manner in which a set of information is provided1 recommended to1 or withheld from a user of a digital platform1 including-- 7,a7 the provision of commercial content2 7,b7 the display of social media posts2 7,c7 the display of search results or rankings2 or 7,d7 any other method of automated decision making1 content selection1 or content amplification4 7#b7 ,commission ,the term ,commission means the ,federal ,digital ,platform ,commission established under section #d4 7#c7 ,council ,the term ,council means the ,code ,council established under section #h7;a74 7#d7 ,digital platform 7,a7 ,in general ,the term digital platform means an online service that serves as an intermediary facilitating interactions-- 7i7 between users2 and 7ii7 between users and-- 7,i7 entities offering goods and services through the online service2 or 7,,ii7 the online service with respect to goods and services offered directly by the online service4 7,b7 ,de minimis exception 7i7 ,in general ,notwithstanding subparagraph 7,a77ii77,,ii71 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 business4 7ii7 ,online services that do not qualify for de minimis exception ,notwithstanding clause 7i71 if an online service described in subparagraph 7,a77ii77,,ii7 is owned by an entity but is offered through an affiliate1 partnership1 or joint venture of1 or is otherwise segregable from1 the entity-- 7,i7 the online service shall be considered a digital platform2 and 7,,ii7 the entity shall not be considered a digital platform4 7,c7 ,small digital platform businesses 7i7 ,in general ,the term digital platform does not include a small digital platform business1 except as provided in clause 7iii74 7ii7 ,,sba rulemaking ,not later than #ahj days after the date of enactment of this ,act1 the ,administrator of the ,small ,business ,administration shall by regulation define the term small digital platform business for purposes of clause 7i74 7iii7 ,non-applicability to systemically important digital platforms ,clause 7i7 shall not apply to a systemically important digital platform4 7,d7 ,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 writes1 edits1 and reports4 7#e7 ,immediate family member ,the term immediate family member1 with respect to an individual1 means a spouse1 parent1 sibling1 or child of the individual4 7#f7 ,online service ,the term online service includes a consumer-facing website1 back-end online-support system1 or other facilitator of online transactions and activities4 7#g7 ,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 #aj4 #d4 ,establishment of ,federal ,digital ,platform ,commission 7a7 ,establishment ,there is established a commission to be known as the ,federal ,digital ,platform ,commission1 which shall-- 7#a7 be constituted as provided in this ,act2 and 7#b7 execute and enforce the provisions of this ,act4 7b7 ,purposes of ,commission ,the purpose of the ,commission is to regulate digital platforms1 consistent with the public interest1 convenience1 and necessity1 to promote to all the people of the ,united ,states1 so far as possible1 the following3 7#a7 ,access to digital platforms for civic engagement and economic and educational opportunities4 7#b7 ,access to government services and public safety4 7#c7 ,competition to encourage the creation of new online services and innovation1 and to provide to consumers benefits such as lower prices and better quality of service4 7#d7 ,prevention of harmful levels of concentration of private power over critical digital infrastructure4 7#e7 ,a robust and competitive marketplace of ideas with a diversity of views at the local1 ,state1 and national levels4 7#f7 ,protection for consumers from deceptive1 unfair1 unjust1 unreasonable1 or abusive practices committed by digital platforms4 7#g7 ,assurance that the algorithmic processes of digital platforms are fair1 transparent1 and safe4 7c7 ,rule of construction ,nothing in this ,act1 or any amendment made by this ,act1 shall be construed to modify1 impair1 or supersede the applicability of any antitrust laws4 #e4 ,jurisdiction 7a7 ,plenary jurisdiction ,the ,commission shall have jurisdiction over any digital platform1 the services of which-- 7#a7 originate or are received within the ,united ,states2 and 7#b7 affect interstate or foreign commerce4 7b7 ,provisions relative to systemically important digital platforms ,not later than #ahj days after the earliest date as of which not fewer than #c ,commissioners have been confirmed1 the ,commission shall determine whether to issue rules1 with input from the ,code ,council as appropriate1 to establish for systemically important digital platforms-- 7#a7 commercial and technical standards for-- 7,a7 data portability2 and 7,b7 interoperability1 which shall be defined as the functionality of information systems to-- 7i7 exchange data2 and 7ii7 enable sharing of information2 7#b7 requirements for recommendation systems and other algorithmic processes of systemically important digital platforms to ensure that the algorithmic processes are fair1 transparent1 and without harmful1 abusive1 anticompetitive1 or deceptive bias2 7#c7 transparency requirements for terms of service1 including content moderation policies2 7#d7 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 taken1 or plans to take1 to mitigate those harms2 7#e7 transparency and disclosure obligations to enable-- 7,a7 oversight by the ,commission2 7,b7 third-party audits to ensure the accuracy of any public risk assessments required under paragraph 7#d72 and 7,c7 trusted third-party research in the public interest2 and 7#f7 commercial and technical standards to ensure accessibility to individuals with a disability1 as defined in section #c of the ,americans with ,disabilities ,act of #aiij 7#db ,u4,s4,c4 #abajb71 including to provide the ability for an individual who has a hearing impairment1 speech impairment1 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 impairment1 speech impairment1 or vision impairment to engage with systemically important digital platforms4 7c7 ,forbearance 7#a7 ,in general ,the ,commission may forbear from exercising jurisdiction over a digital platform or class of digital platforms based on size1 revenue1 market share1 or other attributes the ,commission determines appropriate4 7#b7 ,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 7#a74 #f4 ,organization and general powers 7a7 ,in general ,the ,commission shall be composed of #e ,commissioners appointed by the ,president1 by and with the advice and consent of the ,senate1 one of whom the ,president shall designate as chair4 7b7 ,qualifications 7#a7 ,citizenship ,each member of the ,commission shall be a citizen of the ,united ,states4 7#b7 ,conflicts of interest 7,a7 ,in general ,subject to subparagraphs 7,b7 and 7,c71 no member of the ,commission or person employed by the ,commission1 and no immediate family member thereof1 shall-- 7i7 be financially interested in-- 7,i7 any person significantly regulated by the ,commission under this ,act2 or 7,,ii7 a third party in direct and substantial competition with a person described in subclause 7,i72 or 7ii7 be employed by1 hold any official relation to1 or own any stocks1 bonds1 or other securities of1 any person or third party described in clause 7i74 7,b7 ,significant interest ,the prohibitions under subparagraph 7,a7 shall apply only to financial interests in any company or other entity that has a significant interest in activities subject to regulation by the ,commission4 7,c7 ,waiver 7i7 ,in general ,subject to section #bjh of title #ah1 ,united ,states ,code1 the ,commission may waive1 from time to time1 the application of the prohibitions under subparagraph 7,a7 to persons employed by the ,commission1 or immediate family members thereof1 if the ,commission determines that the financial interests of a person that are involved in a particular case are minimal4 7ii7 ,no waiver for ,commissioners ,the waiver authority under clause 7i7 shall not apply with respect to members of the ,commission4 7iii7 ,publication ,if the ,commission exercises the waiver authority under clause 7i71 the ,commission shall publish notice of that action in the ,federal ,register4 7#c7 ,determination of significant interest ,the ,commission1 in determining for purposes of paragraph 7#b7 whether a company or other entity has a significant interest in activities that are subject to regulation by the ,commission1 shall consider1 without excluding other relevant factors-- 7,a7 the revenues1 investments1 profits1 and managerial efforts directed to the related activities of the company or other entity1 as compared to the other aspects of the business of the company or other entity2 7,b7 the extent to which the ,commission regulates and oversees the activities of the company or other entity2 7,c7 the degree to which the economic interests of the company or other entity may be affected by any action of the ,commission2 and 7,d7 the perceptions held by the public regarding the business activities of the company or other entity4 7#d7 ,no other employment ,a member of the ,commission may not engage in any other business1 vocation1 profession1 or employment while serving as a member of the ,commission4 7#e7 ,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 ,commission4 7c7 ,term 7#a7 ,in general ,a commissioner-- 7,a7 shall be appointed for a term of #e years2 and 7,b7 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 office4 7#b7 ,filling of vacancies ,any person chosen to fill a vacancy in the ,commission-- 7,a7 shall be appointed for the unexpired term of the commissioner that the person succeeds2 7,b7 except as provided in subparagraph 7,c71 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 office2 and 7,c7 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 succeeds4 7#c7 ,effect of vacancy on powers of ,commission ,except as provided in section #i7;e7 7relating to repeal of prior rules71 no vacancy in the ,commission shall impair the right of the remaining commissioners to exercise all the powers of the ,commission4 7d7 ,salary of ,commissioners 7#a7 ,in general ,each ,commissioner shall receive an annual salary at the annual rate payable from time to time for grade #af of the pay scale of the ,securities and ,exchange ,commission1 payable in monthly installments4 7#b7 ,chair ,the ,chair of the ,commission1 during the period of service as ,chair1 shall receive an annual salary at the annual rate payable from time to time for grade #ag of the pay scale of the ,securities and ,exchange ,commission4 7e7 ,principal office 7#a7 ,general sessions ,the principal office of the ,commission shall be in the ,district of ,columbia1 where its general sessions shall be held4 7#b7 ,special sessions ,whenever the convenience of the public or of the parties may be promoted or delay or expense prevented thereby1 the ,commission may hold special sessions in any part of the ,united ,states4 7f7 ,employees 7#a7 ,in general ,the ,commission may1 subject to the civil service laws and the ,classification ,act of #aidi1 as amended1 appoint such officers1 engineers1 accountants1 attorneys1 inspectors1 examiners1 and other employees as are necessary in the exercise of its functions4 7#b7 ,assistants 7,a7 ,professional assistants2 secretary ,without regard to the civil-service laws1 but subject to the ,classification ,act of #aidi1 each commissioner may appoint professional assistants and a secretary1 each of whom shall perform such duties as the commissioner shall direct4 7,b7 ,administrative assistant to ,chair ,in addition to the authority under subparagraph 7,a71 the ,chair of the ,commission may appoint1 without regard to the civil-service laws1 but subject to the ,classification ,act of #aidi1 an administrative assistant who shall perform such duties as the ,chair shall direct4 7#c7 ,use of volunteers to monitor violations relating to online services 7,a7 ,recruitment and training of volunteers ,the ,commission1 for purposes of monitoring violations of any provision of this ,act 7and of any regulation prescribed by the ,commission under this ,act71 may-- 7i7 recruit and train any software engineer1 computer scientist1 data scientist1 or other individual with skills or expertise relevant to the responsibilities of the ,commission2 and 7ii7 accept and employ the voluntary and uncompensated services of individuals described in clause 7i74 7,b7 ,no limitations on voluntary services ,the authority of the ,commission under subparagraph 7,a7 shall not be subject to or affected by-- 7i7 part ,,iii of title #e1 ,united ,states ,code2 or 7ii7 section #acdb of title #ca1 ,united ,states ,code4 7,c7 ,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 employee4 7,d7 ,broad representation ,the ,commission1 in accepting and employing services of individuals under subparagraph 7,a71 shall seek to achieve a broad representation of individuals and organizations4 7,e7 ,rules of conduct ,the ,commission may establish rules of conduct and other regulations governing the service of individuals under this paragraph4 7,f7 ,regulations for personnel practices ,the ,commission may prescribe regulations to select1 oversee1 sanction1 and dismiss any individual authorized under this paragraph to be employed by the ,commission4 7g7 ,expenditures 7#a7 ,in general ,the ,commission may make such expenditures 7including expenditures for rent and personal services at the seat of government and elsewhere1 for office supplies1 online subscriptions1 electronics1 law books1 periodicals1 subscriptions1 and books of reference71 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 #bj4 7#b7 ,reimbursement ,all expenditures of the ,commission1 including all necessary expenses for transportation incurred by the commissioners or by their employees1 under their orders1 in making any investigation or upon any official business in any other places than in the city of ,washington1 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 purpose4 7#c7 ,gifts 7,a7 ,in general ,notwithstanding any other provision of law1 in furtherance of its functions the ,commission is authorized to accept1 hold1 administer1 and use unconditional gifts1 donations1 and bequests of real1 personal1 and other property 7including voluntary and uncompensated services1 as authorized by section #caji of title #e1 ,united ,states ,code74 7,b7 ,taxes ,for the purpose of ,federal law on income taxes1 estate taxes1 and gift taxes1 property or services accepted under the authority of subparagraph 7,a7 shall be deemed to be a gift1 bequest1 or devise to the ,united ,states4 7,c7 ,regulations 7i7 ,in general ,the ,commission shall promulgate regulations to carry out this paragraph4 7ii7 ,conflicts of interest ,the regulations promulgated under clause 7i7 shall include provisions to preclude the acceptance of any gift1 bequest1 or donation that would create a conflict of interest or the appearance of a conflict of interest4 7h7 ,quorum2 seal 7#a7 ,quorum ,three members of the ,commission shall constitute a quorum thereof4 7#b7 ,seal ,the ,commission shall have an official seal which shall be judicially noticed4 7i7 ,duties and powers ,the ,commission may perform any and all acts1 including collection of any information from digital platforms under the jurisdiction of the ,commission as the ,commission determines necessary1 without regard to any final determination of the ,office on ,management and ,budget under chapter #ce of title #dd1 ,united ,states ,code 7commonly referred to as the ,paperwork ,reduction ,act71 make such rules and regulations1 and issue such orders1 not inconsistent with this ,act1 as may be necessary in the execution of its functions4 7j7 ,conduct of proceedings2 hearings 7#a7 ,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 justice4 7#b7 ,conflict of interest ,no commissioner shall participate in any hearing or proceeding in which he has a pecuniary interest4 7#c7 ,open to all parties ,any party may appear before the ,commission and be heard in person or by attorney4 7#d7 ,record of proceedings 7,a7 ,in general ,subject to subparagraph 7,b7-- 7i7 every vote and official act of the ,commission shall be entered of record2 and 7ii7 the ,commission shall endeavor to make each proceeding public1 while recognizing the occasional need for private convening and deliberation4 7,b7 ,defense information ,the ,commission may withhold publication of records or proceedings containing secret information affecting the national defense4 7k7 ,record of reports ,all reports of investigations made by the ,commission shall be entered of record1 and a copy thereof shall be furnished to the party who may have complained1 and to any digital platform or licensee that may have been complained of4 7l7 ,publication of reports2 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 use1 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 thereof4 7m7 ,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 generally4 7n7 ,memoranda of understanding ,the ,commission shall enter into memoranda of understanding with the ,federal ,communications ,commission1 the ,federal ,trade ,commission1 and the ,department of ,justice to ensure1 to the greatest extent possible1 coordination1 collaboration1 and the effective use of ,federal resources concerning areas of overlapping jurisdiction4 #g4 ,organization and functioning of the ,commission 7a7 ,chair2 duties2 vacancy 7#a7 ,in general ,the member of the ,commission designated by the ,president as ,chair shall be the chief executive officer of the ,commission4 7#b7 ,duties ,the ,chair of the ,commission shall-- 7,a7 preside at all meetings and sessions of the ,commission2 7,b7 represent the ,commission in all matters relating to legislation and legislative reports1 except that any commissioner may present the commissioner's own or minority views or supplemental reports2 7,c7 represent the ,commission in all matters requiring conferences or communications with other governmental officers1 departments1 or agencies2 and 7,d7 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 ,commission4 7#c7 ,vacancy ,in the case of a vacancy in the office of the ,chair of the ,commission1 or the absence or inability of the ,chair to serve1 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 corrected4 7b7 ,organization of staff 7#a7 ,in general ,from time to time as the ,commission may find necessary1 the ,commission shall organize its staff into-- 7,a7 bureaus1 to function on the basis of the ,commission's principal workload operations2 and 7,b7 such other divisional organizations as the ,commission may determine necessary4 7#b7 ,integration ,the ,commission1 to the extent practicable1 shall organize the bureaus and other divisions of the ,commission to-- 7,a7 promote collaboration and cross-cutting subject matter and technical expertise2 and 7,b7 avoid organization silos4 7#c7 ,personnel ,each bureau established under paragraph 7#a77;,a7 shall include such legal1 engineering1 accounting1 administrative1 clerical1 and other personnel as the ,commission may determine to be necessary to perform its functions4 7#d7 ,expert personnel ,the ,commission shall prioritize1 to the extent practicable1 the hiring of staff with a demonstrated academic or professional background in computer science1 data science1 application development1 technology policy1 and other areas the ,commission may determine necessary to perform its functions4 7c7 ,delegation of functions2 exceptions to initial orders2 force1 effect1 and enforcement of orders2 administrative and judicial review2 qualifications and compensation of delegates2 assignment of cases2 separation of review and investigative or prosecuting functions2 secretary2 seal 7#a7 ,delegation of functions 7,a7 ,in general ,when necessary to the proper functioning of the ,commission and the prompt and orderly conduct of its business1 the ,commission may1 by published rule or by order1 delegate any of its functions to a panel of commissioners1 an individual commissioner1 an employee board1 or an individual employee1 including functions with respect to hearing1 determining1 ordering1 certifying1 reporting1 or otherwise acting as to any work1 business1 or matter2 except that in delegating review functions to employees in cases of adjudication 7as defined in the ,administrative ,procedure ,act71 the delegation in any such case may be made only to an employee board consisting of #b or more employees referred to in paragraph 7#g74 7,b7 ,minimum vote ,any rule or order described in subparagraph 7,a7 may be adopted1 amended1 or rescinded only by a vote of a majority of the members of the ,commission then holding office4 7#b7 ,force1 effect1 and enforcement of orders ,any order1 decision1 report1 or action made or taken pursuant to a delegation under paragraph 7#a71 unless reviewed as provided in paragraph 7#c71 shall have the same force and effect1 and shall be made1 evidenced1 and enforced in the same manner1 as orders1 decisions1 reports1 or other actions of the ,commission4 7#c7 ,administrative and judicial review 7,a7 ,aggrieved persons ,any person aggrieved by an order1 decision1 report1 or action described in paragraph 7#a7 may file an application for review by the ,commission within such time and in such manner as the ,commission shall prescribe1 and every such application shall be passed upon by the ,commission4 7,b7 ,initiative of ,commission ,the ,commission1 on its own initiative1 may review in whole or in part1 at such time and in such manner as it shall determine1 any order1 decision1 report1 or action made or taken pursuant to any delegation under paragraph 7#a74 7#d7 ,review 7,a7 ,in general ,in passing upon an application for review filed under paragraph 7#c71 the ,commission may grant1 in whole or in part1 or deny the application without specifying any reasons therefor4 7,b7 ,questions of fact or law ,no application for review filed under paragraph 7#c77;,a7 shall rely on questions of fact or law upon which the panel of commissioners1 individual commissioner1 employee board1 or individual employee has been afforded no opportunity to pass4 7#e7 ,grant of application ,if the ,commission grants an application for review filed under paragraph 7#c77;,a71 the ,commission may-- 7,a7 affirm1 modify1 or set aside the order1 decision1 report1 or action2 or 7,b7 order a rehearing upon the order1 decision1 report1 or action4 7#f7 ,application required for judicial review ,the filing of an application for review under paragraph 7#c77;,a7 shall be a condition precedent to judicial review of any order1 decision1 report1 or action made or taken pursuant to a delegation under paragraph 7#a74 7#g7 ,qualifications and compensation of delegates2 assignment of cases2 separation of review and investigative or prosecuting functions 7,a7 ,qualifications of delegates ,the employees to whom the ,commission may delegate review functions in any case of adjudication 7as defined in the ,administrative ,procedure ,act7-- 7i7 shall be qualified1 by reason of their training1 experience1 and competence1 to perform such review functions2 and 7ii7 shall perform no duties inconsistent with such review functions4 7,b7 ,compensation ,an employee described in subparagraph 7,a7 shall be in a grade classification or salary level commensurate with the important duties of the employee1 and in no event less than the grade classification or salary level of the employee or employees whose actions are to be reviewed4 7,c7 ,separation ,in the performance of review functions described in subparagraph 7,a71 employees described in that subparagraph-- 7i7 shall be assigned to cases in rotation so far as practicable2 and 7ii7 shall not be responsible to or subject to the supervision or direction of any officer1 employee1 or agent engaged in the performance of investigative or prosecuting functions for any agency4 7#h7 ,secretary2 seal ,the secretary and seal of the ,commission shall be the secretary and seal of each panel of the ,commission1 each individual commissioner1 and each employee board or individual employee exercising functions delegated pursuant to paragraph 7#a7 of this subsection4 7d7 ,meetings ,meetings of the ,commission shall be held at regular intervals1 not less frequently than once each calendar month1 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 fashion4 7e7 ,managing ,director 7#a7 ,in general ,the ,commission shall have a ,managing ,director who shall be appointed by the ,chair subject to the approval of the ,commission4 7#b7 ,functions ,the ,managing ,director1 under the supervision and direction of the ,chair1 shall perform such administrative and executive functions as the ,chair shall delegate4 7#c7 ,pay ,the ,managing ,director shall be paid at a rate equal to the rate then payable for grade #ae of the pay scale of the ,securities and ,exchange ,commission4 #h4 ,code ,council 7a7 ,establishment ,the ,commission shall establish a ,code ,council that shall develop proposed voluntary or enforceable behavioral codes1 technical standards1 or other policies for digital platforms through the code process under subsection 7e74 7b7 ,membership 7#a7 ,in general ,the ,council shall consist of #ah members1 of whom-- 7,a7 #f shall be representatives of digital platforms or associations of digital platforms1 not fewer than #c of whom shall be representatives of systemically important digital platforms or associations that include systemically important digital platforms2 7,b7 #f shall be representatives of nonprofit public interest groups1 academics1 and other experts not affiliated with commercial enterprises1 with demonstrated expertise in technology policy1 law1 consumer protection1 privacy1 competition1 disinformation1 or another area the ,chair determines relevant2 and 7,c7 #f shall be technical experts in engineering1 application development1 computer science1 data science1 machine learning1 communications1 media studies1 and any other discipline the ,chair determines relevant4 7#b7 ,appointment ,the ,chair shall appoint each member of the ,council1 subject to approval by the ,commission4 7#c7 ,terms 7,a7 ,in general ,a member of the ,council shall be appointed for a term of #c years4 7,b7 ,staggered terms ,the terms of members of the ,council shall be staggered such that one-third of the membership of the ,council changes each year4 7c7 ,meetings ,the ,council shall meet publicly not less frequently than once a month4 7d7 ,chair and ,vice ,chair 7#a7 ,in general ,there shall be a ,chair and ,vice ,chair of the ,council-- 7,a7 one of whom shall be a member described in subparagraph 7,a7 of subsection 7b77#a72 and 7,b7 one of whom shall be a member described in subparagraph 7,b7 of subsection 7b77#a74 7#b7 ,annual rotation ,the ,chair or ,vice ,chair for a calendar year shall be a member described in a different subparagraph of subsection 7b77#a7 than the member who served as ,chair or ,vice ,chair1 respectively1 for the preceding calendar year4 7e7 ,code process 7#a7 ,in general ,the ,commission may1 at any time1 initiate a process to develop a voluntary or enforceable behavioral code1 technical standard1 or other policy for digital platforms or a class of digital platforms4 7#b7 ,initiation based on petition or ,council vote ,the ,commission may initiate the process described in paragraph 7#a7 if-- 7,a7 the ,commission receives a petition from the public1 including from a digital platform or an association of digital platforms2 or 7,b7 the ,council votes to initiate the process4 7#c7 ,council examination and vote ,if the process described in paragraph 7#a7 is initiated1 the ,council-- 7,a7 shall consider and develop1 if appropriate1 a proposed behavioral code1 technical standard1 or other policy for digital platforms or a class of digital platforms2 7,b7 in considering and developing a proposed code1 standard1 or policy under subparagraph 7,a71 shall-- 7i7 allow for submission of feedback by any interested party2 and 7ii7 make available to the public a factual record1 developed during the consideration and development of the proposed code1 standard1 or policy1 that includes any submission received under clause 7i72 7,c7 not earlier than #ahj days and not later than #cfj days after the date on which the process is initiated1 shall vote on whether to submit a recommendation for the proposed code1 standard1 or policy to the ,commission2 and 7,d7 may submit minority views along with a recommendation under subparagraph 7,c71 as appropriate4 7#d7 ,public review2 ,commission examination and vote ,upon receipt of a recommendation for a proposed behavioral code1 technical standard1 or other policy from the ,council under paragraph 7#c71 the ,commission shall-- 7,a7 allow for submission of comments on the proposed code1 standard1 or policy by any interested party for a period of not fewer than #de days and not more than #ij days1 and publicly disclose any comments received2 7,b7 examine the proposed code1 standard1 or policy1 along with comments received under subparagraph 7,a72 7,c7 determine whether to adopt1 reject1 or adopt with modifications the proposed code1 standard1 or policy2 7,d7 provide a public rationale for the determination under subparagraph 7,c72 and 7,e7 promulgate rules to carry out the determination under subparagraph 7,c7 in accordance with section #eec of title #e1 ,united ,states ,code4 7#e7 ,updates ,not less frequently than once every #e years1 the ,commission shall review and update1 as necessary1 any behavioral code1 technical standard1 or other policy established by rule under paragraph 7#d74 7#f7 ,rule of construction ,nothing in this subsection shall be construed to affect the authority of the ,commission to promulgate rules under section #i4 7f7 ,qualifications 7#a7 ,citizenship ,each member of the ,council shall be a ,united ,states citizen or an alien lawfully admitted for permanent residence to the ,united ,states4 7#b7 ,conflicts of interest 7,a7 ,in general ,subject to subparagraphs 7,b7 and 7,c71 no member of the ,council other than a member appointed under subsection 7b77#a77;,a7 shall-- 7i7 be financially interested in any company or other entity engaged in the business of providing online services2 7ii7 be financially interested in any company or other entity that controls any company or other entity specified in clause 7i71 or that derives a significant portion of its total income from ownership of stocks1 bonds1 or other securities of any such company or other entity2 or 7iii7 be employed by1 hold any official relation to1 or own any stocks1 bonds1 or other securities of1 any person significantly regulated by the ,commission under this ,act4 7,b7 ,significant interest ,the prohibitions under subparagraph 7,a7 shall apply only to financial interests in any company or other entity that has a significant interest in activities subject to regulation by the ,commission4 7,c7 ,waiver 7i7 ,in general ,subject to section #bjh of title #ah1 ,united ,states ,code1 the ,commission may waive1 from time to time1 the application of the prohibitions under subparagraph 7,a7 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 minimal4 7ii7 ,publication ,if the ,commission exercises the waiver authority under clause 7i71 the ,commission shall publish notice of that action in the ,federal ,register4 7#c7 ,determination of significant interest ,the ,commission1 in determining for purposes of paragraph 7#b7 whether a company or other entity has a significant interest in activities that are subject to regulation by the ,commission1 shall consider1 without excluding other relevant factors-- 7,a7 the revenues1 investments1 profits1 and managerial efforts directed to the related activities of the company or other entity1 as compared to the other aspects of the business of the company or other entity2 7,b7 the extent to which the ,commission regulates and oversees the activities of the company or other entity2 7,c7 the degree to which the economic interests of the company or other entity may be affected by any action of the ,commission2 and 7,d7 the perceptions held by the public regarding the business activities of the company or other entity4 7g7 ,rule of construction ,nothing in this section shall be construed to authorize the ,council to promulgate rules4 #i4 ,rulemaking authority1 requirements1 and considerations ,the ,commission-- 7#a7 may promulgate rules to carry out this ,act in accordance with section #eec of title #e1 ,united ,states ,code2 and 7#b7 shall tailor the rules promulgated under paragraph 7#a71 as appropriate1 based on the size1 dominance1 and other attributes of particular digital platforms4 #aj4 ,systemically important digital platforms 7a7 ,designation of ,s,i,d,ps2 rulemaking authority ,the ,commission may-- 7#a7 designate systemically important digital platforms in accordance with this section2 and 7#b7 promulgate rules specific to systemically important digital platforms1 consistent with the purposes of the ,commission under section #d7;b74 7b7 ,mandatory criteria ,the ,commission shall designate a digital platform a systemically important digital platform if the platform-- 7#a7 is open to the public on one side2 7#b7 has significant engagement among users1 which may take the form of private groups1 public groups1 and the sharing of posts visible to some or all users2 7#c7 conducts business primarily at the interstate or international level1 as opposed to the intrastate level2 and 7#d7 has operations with significant nationwide economic1 social1 or political impacts1 as defined by the ,commission for purposes of this paragraph through notice-and-comment rulemaking under section #eec of title #e1 ,united ,states ,code1 which may include-- 7,a7 the ability of the platform to significantly shape the national dissemination of news2 7,b7 the ability of the platform to cause a person significant1 immediate1 and demonstrable economic1 social1 or political harm by exclusion from the platform2 7,c7 the market power of the platform2 7,d7 the number of unique daily users of the platform2 and 7,e7 the dependence of business users1 especially small business users1 on the platform to reach customers4 7c7 ,annual and other reports 7#a7 ,authority to require reports ,the ,commission may-- 7,a7 require annual reports from systemically important digital platforms subject to this ,act1 and from persons directly or indirectly controlling or controlled by1 or under direct or indirect control with1 any such platform2 7,b7 prescribe the content expected in such reports2 7,c7 prescribe the manner in which such reports shall be made2 and 7,d7 require from such persons specific answers to all questions upon which the ,commission may need information4 7#b7 ,administration 7,a7 ,time period covered2 filing ,a report under paragraph 7#a7-- 7i7 shall be for such #ab months' period as the ,commission shall designate2 and 7ii7 shall be filed with the ,commission at its office in ,washington not later than #c months after the close of the year for which the report is made1 unless additional time is granted in any case by the ,commission4 7,b7 ,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 7,a71 or within the time extended by the ,commission1 for making and filing the report1 or fails to make specific answer to any question authorized by this subsection within #cj days after the time the person is lawfully required so to do1 the person shall forfeit to the ,united ,states-- 7i7 #aj1jjj for each day the person continues to be in default with respect thereto1 for the first #cj days of such default2 and 7ii7 an amount determined appropriate by the ,commission for each subsequent day that the person continues to be in default with respect thereto1 which may not exceed #a percent of the total global revenue of the person during the preceding year4 #aa4 ,inter-agency support 7a7 ,expert support ,upon request from any other ,federal agency for expertise1 technical assistance1 or other support from the ,commission1 the ,commission shall provide that support4 7b7 ,required consultation by other ,federal agencies ,any ,federal agency1 including the ,federal ,trade ,commission and the ,antitrust ,division of the ,department of ,justice1 engaged in investigation1 regulation1 or oversight with respect to the impact of digital platforms on consumer protection1 competition1 civic engagement1 or democratic values and institutions shall consult with the ,commission in carrying out that investigation1 regulation1 or oversight4 7c7 ,required consultation with other ,federal agencies ,the ,commission1 in carrying out investigation1 regulation1 or oversight with respect to the impact of digital platforms on consumer protection1 competition1 civic engagement1 or democratic values and institutions1 shall consult with each other ,federal agency1 including the ,federal ,trade ,commission and the ,antitrust ,division of the ,department of ,justice1 that is engaged in investigation1 regulation1 or oversight with respect to the impact of digital platforms on consumer protection1 competition1 civic engagement1 or democratic values and institutions4 #ab4 ,petitions 7a7 ,petition for forbearance 7#a7 ,submission 7,a7 ,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 ,act1 including a behavioral code of conduct1 technical standard1 or other policy established by rule under section #h4 7,b7 ,publication 7i7 ,in general ,subject to clause 7ii71 the ,commission shall make a petition submitted under subparagraph 7,a7 available to the public4 7ii7 ,waiver ,the ,commission may waive the requirement under clause 7i7 if the ,commission makes the rationale for the waiver available to the public4 7#b7 ,dismissal without prejudice 7,a7 ,in general ,any petition submitted under paragraph 7#a7 shall be deemed dismissed without prejudice if the ,commission does not grant the petition within #ah months after the date on which the ,commission receives the petition1 unless the ,commission extends the #ah-month period under subparagraph 7,b7 of this paragraph4 7,b7 ,extension ,the ,commission may extend the initial #ah-month period under subparagraph 7,a7 by an additional #c months4 7#c7 ,scope of grant authority2 written explanation ,the ,commission may grant or deny a petition submitted under paragraph 7#a7 in whole or in part and shall explain its decision in writing4 7#d7 ,notice and comment requirements ,section #eec of title #e1 ,united ,states ,code1 shall apply to any determination of the ,commission to forbear the application and enforcement of a rule under paragraph 7#a7 of this subsection4 7b7 ,state enforcement after ,commission forbearance ,a ,state commission may not continue to apply or enforce any rule1 including any behavioral code1 technical standard1 or other policy established by rule1 that the ,commission has determined to forbear from applying under subsection 7a74 #ac4 ,research 7a7 ,research office ,in order to carry out the purposes of this ,act1 the ,commission shall establish an office with not fewer than #bj dedicated employees to conduct internal research1 and collaborate with outside academics and experts1 as appropriate1 to further the purposes of the ,commission under section #d7;b74 7b7 ,research grants 7#a7 ,in general ,the office established under subsection 7a7 may competitively award grants to academic institutions and experts to conduct research consistent with the purposes of the ,commission under section #d7;b74 7#b7 ,public availability ,a recipient of a grant awarded under paragraph 7#a7 shall make the findings of the research conducted using the grant publicly available4 7c7 ,pilot research program for sensitive data ,the ,commission shall by rule establish a pilot program that allows vetted1 nonprofit1 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 interest1 while-- 7#a7 ensuring that no personally identifiable information of any user of the digital platform is publicly available2 and 7#b7 making every effort to-- 7,a7 avoid harm to the business interests of the digital platform2 and 7,b7 ensure the safety and security of the private data and other information of the digital platform4 #ad4 ,investigative authority 7a7 ,in general ,the ,commission may inquire into the management of the business of digital platforms subject to this ,act1 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 services4 7b7 ,information ,the ,commission may obtain from digital platforms subject to this ,act and from persons directly or indirectly controlling or controlled by1 or under direct or indirect control with1 those platforms full and complete information necessary1 including data flows1 to enable the ,commission to perform the duties and carry out the objects for which it was created4 #ae4 ,,hsr filings ,section #g;,a of the ,clayton ,act 7#ae ,u4,s4,c4 #ah;a7 is amended by adding at the end the following3 7l7 7#a7 ,in this subsection-- 7,a7 the terms ,commission and systemically important digital platform have the meanings given the terms in section #c of the ,digital ,platform ,commission ,act of #bjbb2 and 7,b7 the term covered acquisition means an acquisition-- 7i7 subject to this section2 and 7ii7 in which the acquiring person or the person whose voting securities or assets are being acquired is a systemically important digital platform4 7#b7 ,any notification required under subsection 7a7 for a covered acquisition shall be submitted to the ,commission4 7#c7 ,the ,commission may request the submission of additional information or documentary material relevant to a covered acquisition4 7#d7 ,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 #d7;b7 of the ,digital ,platform ,commission ,act of #bjbb4 7#e7 ,the ,federal ,trade ,commission and the ,assistant ,attorney ,general-- 7,a7 shall cooperate with the ,commission in determining whether a covered acquisition1 if consummated1 would violate the antitrust laws or the purposes of the ,commission under section #d7;b7 of the ,digital ,platform ,commission ,act of #bjbb2 7,b7 may use the recommendation of the ,commission as a basis for rejecting the covered acquisition1 or for imposing additional requirements to consummate the acquisition1 even if the covered acquisition does not violate the antitrust laws but violates other purposes of the ,commission under section #d7;b7 of the ,digital ,platform ,commission ,act of #bjbb2 and 7,c7 in making a determination described in subparagraphs 7,a71 shall give substantial weight to the recommendation of the ,commission4 4 #af4 ,enforcement by private persons and governmental entities 7a7 ,recovery of damages ,any person claiming to be damaged by any digital platform subject to this ,act may-- 7#a7 make complaint to the ,commission under subsection 7b72 or 7#b7 bring a civil action for enforcement of this ,act1 including the rules promulgated under this ,act1 in any district court of the ,united ,states of competent jurisdiction4 7b7 ,complaints to the ,commission 7#a7 ,in general 7,a7 ,application ,any person1 any body politic or municipal organization1 or any ,state attorney general or ,state commission1 complaining of anything done or omitted to be done by any digital platform subject to this ,act1 in contravention of the provisions thereof1 may apply to the ,commission by petition which shall briefly state the facts1 whereupon a statement of the complaint thus made shall be forwarded by the ,commission to the digital platform1 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 ,commission4 7,b7 ,relief of liability ,if a digital platform described in subparagraph 7,a7 within the time specified makes reparation for the injury alleged to have been caused1 the platform shall be relieved of liability to the complainant only for the particular violation of law thus complained of4 7,c7 ,investigation ,if a digital platform described in subparagraph 7,a7 does not satisfy the complaint within the time specified or there shall appear to be any reasonable ground for investigating the complaint1 the ,commission shall investigate the matters complained of in such manner and by such means as the ,commission determines proper4 7,d7 ,direct damage not required ,no complaint shall at any time be dismissed because of the absence of direct damage to the complainant4 7#b7 ,order 7,a7 ,in general ,the ,commission shall1 with respect to any investigation under this subsection of the lawfulness of a charge1 classification1 regulation1 or practice1 issue an order concluding the investigation not later than #ahj days after the date on which the complaint was filed4 7,b7 ,final order ,any order concluding an investigation under subparagraph 7,a7 shall be a final order and may be appealed under section #ah4 7#c7 ,orders for payment of money ,if1 after hearing on a complaint under this paragraph1 the ,commission determines that any party complainant is entitled to an award of damages under this ,act1 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 named4 7c7 ,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 ,act1 the attorney general of the ,state1 as parens patrie1 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 ,act1 including the rules promulgated under this ,act4 7d7 ,liability of digital platform for acts and omissions of agents ,in construing and enforcing the provisions of this ,act1 the act1 omission1 or failure of any officer1 agent1 or other person acting for or employed by any digital platform or user1 acting within the scope of his employment1 shall in every case be also deemed to be the act1 omission1 or failure of the platform or user as well as that of the person4 #ag4 ,enforcement by ,commission and ,department of ,justice 7a7 ,orders 7#a7 ,administrative order ,if the ,commission believes that a person has violated or will violate this ,act1 the ,commission may issue and cause to be served on the person an order requiring the person1 as applicable-- 7,a7 to cease and desist1 or refrain1 from the violation2 or 7,b7 to pay restitution to any victim of the violation4 7#b7 ,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 7#a74 7b7 ,civil penalty 7#a7 ,in general ,any digital platform that knowingly violates this ,act shall be liable to the ,united ,states for a civil penalty4 7#b7 ,separate offenses ,each distinct violation described in paragraph 7#a7 shall be a separate offense1 and in case of continuing violation each day shall be deemed a separate offense4 7#c7 ,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 ,act4 7#d7 ,annual cap ,the total amount of civil penalties imposed on a digital platform during a year under paragraph 7#a7 may not exceed #ae percent of the total global revenue of the digital platform during the preceding year4 #ah4 ,proceedings to enjoin1 set aside1 annul1 or suspend orders of the ,commission 7a7 ,right ,to appeal ,an appeal may be taken from any decision or order of the ,commission1 by any person who is aggrieved or whose interests are adversely affected by the decision or order1 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 resides4 7b7 ,filing notice of appeal2 contents2 jurisdiction2 temporary orders 7#a7 ,filing notice of appeal ,an appeal described in subsection 7a7 shall be taken by filing a notice of appeal with the appropriate ,united ,states court of appeals not later than #cj days after the date on which public notice is given of the decision or order complained of4 7#b7 ,contents ,a notice of appeal filed under paragraph 7#a7 shall contain-- 7,a7 a concise statement of the nature of the proceedings as to which the appeal is taken2 7,b7 a concise statement of the reasons on which the appellant intends to rely1 separately stated and numbered2 and 7,c7 proof of service of a true copy of the notice and statements upon the ,commission4 7#c7 ,jurisdiction ,upon the filing of a notice of appeal with a ,united ,states court of appeals under paragraph 7#a71 the court-- 7,a7 shall have jurisdiction of the proceedings and of the questions determined therein2 and 7,b7 shall have power1 by order1 directed to the ,commission or any other party to the appeal1 to grant such temporary relief as the court may deem just and proper4 7#d7 ,temporary orders ,an order granting temporary relief issued by the court under paragraph 7#c7-- 7,a7 may be affirmative or negative in scope and application so as to permit-- 7i7 the maintenance of the status quo in the matter in which the appeal is taken2 or 7ii7 the restoration of a position or status terminated or adversely affected by the order appealed from2 and 7,b7 shall1 unless otherwise ordered by the court1 be effective pending hearing and determination of the appeal and compliance by the ,commission with the final judgment of the court rendered in the appeal4 7c7 ,notice to interested parties2 filing of record 7#a7 ,notice to interested parties ,not later than #e days after filing a notice of appeal under subsection 7b71 the appellant shall provide1 to each person shown by the records of the ,commission to be interested in the appeal1 notice of-- 7,a7 the filing2 and 7,b7 the pendency of the appeal4 7#b7 ,filing of record ,the ,commission shall file with the court the record upon which the order complained of was entered1 as provided in section #baab of title #bh1 ,united ,states ,code4 7d7 ,intervention 7#a7 ,right to intervene ,not later than #cj days after the filing of an appeal described in subsection 7a71 any interested party may intervene and participate in the proceedings had upon the appeal by filing with the court-- 7,a7 a notice of intention to intervene and a verified statement showing the nature of the interest of the person2 and 7,b7 proof of service of true copies of the notice and statement described in subparagraph 7,a7 upon-- 7i7 the appellant2 and 7ii7 the ,commission4 7#b7 ,interested party ,for purposes of paragraph 7#a71 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 party4 7e7 ,record and briefs ,the record and briefs upon which an appeal described in subsection 7a7 shall be heard and determined by the court shall contain such information and material1 and shall be prepared within such time and in such manner1 as the court may by rule prescribe4 7f7 ,time of hearing2 procedure ,the court shall hear and determine an appeal described in subsection 7a7 upon the record before it in the manner prescribed by section #gjf of title #e1 ,united ,states ,code4 7g7 ,remand ,if the court renders a decision and enters an order reversing the order of the ,commission-- 7#a7 the court shall remand the case to the ,commission to carry out the judgment of the court2 and 7#b7 the ,commission1 in the absence of proceedings to review the judgment under paragraph 7#a7 or 7#b7 of subsection 7i71 shall forthwith give effect to the judgment1 and unless otherwise ordered by the court1 shall do so upon the basis of-- 7,a7 the proceedings already had2 and 7,b7 the record upon which the appeal was heard and determined4 7h7 ,judgment for costs ,the court may1 in its discretion1 enter judgment for costs in favor of or against an appellant1 or other interested parties intervening in the appeal1 but not against the ,commission1 depending upon the nature of the issues involved in the appeal and the outcome of the appeal4 7i7 ,finality of decision2 review by ,supreme ,court ,the judgment of a court of appeals under this section shall be final1 subject to review by the ,supreme ,court of the ,united ,states-- 7#a7 upon writ of certiorari on petition therefor under section #abed of title #bh1 ,united ,states ,code1 by-- 7,a7 the appellant2 7,b7 the ,commission2 or 7,c7 any interested party intervening in the appeal2 or 7#b7 by certification by the court of appeals under such section #abed4 #ai4 ,report to ,congress 7a7 ,in general ,not earlier than #e years after the date of enactment of this ,act1 the ,president shall establish an independent panel to-- 7#a7 comprehensively study the policies1 operations1 and regulations of the ,commission2 and 7#b7 submit an in-depth report to the congressional committees of jurisdiction1 including the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate and the ,committee on ,energy and ,commerce of the ,house of ,representatives1 that includes-- 7,a7 an evaluation of the effectiveness of the ,commission in achieving the purposes under section #d7;b72 7,b7 recommended reforms to strengthen the ,commission2 and 7,c7 a recommendation regarding whether the ,commission should continue in effect4 7b7 ,membership ,the independent panel established under subsection 7a7 shall consist of #aj members1 of whom-- 7#a7 #b shall be appointed by the ,president2 7#b7 #b shall be appointed by the majority leader of the ,senate2 7#c7 #b shall be appointed by the minority leader of the ,senate2 7#d7 #b shall be appointed by the ,speaker of the ,house of ,representatives2 and 7#e7 #b shall be appointed by the minority leader of the ,house of ,representatives4 #bj4 ,authorization of appropriations ,there are authorized to be appropriated to the ,commission to carry out the functions of the ,commission-- 7#a7 #ajj1jjj1jjj for fiscal year #bjbc2 7#b7 #bjj1jjj1jjj for fiscal year #bjbd2 7#c7 #cjj1jjj1jjj for fiscal year #bjbe2 7#d7 #dej1jjj1jjj for fiscal year #bjbf2 and 7#e7 #ejj1jjj1jjj for each of fiscal years #bjbg through #bjcb4