U.S. GOVERNMENT PUBLISHING OFFICE

WASHINGTON : 

1 

49–010 

" ! SENATE 

114TH CONGRESS

1st Session 

REPORT

2015

114–145 

Calendar No. 234 

SOCIAL MEDIA WORKING GROUP 

ACT OF 2015 

R E P O R T 

OF THE

COMMITTEE ON HOMELAND SECURITY AND 

GOVERNMENTAL AFFAIRS 

UNITED STATES SENATE 

TO ACCOMPANY

H.R. 623 

TO AMEND THE HOMELAND SECURITY ACT OF 2002 TO AUTHORIZE THE DEPARTMENT OF HOMELAND SECURITY TO ESTABLISH 

A SOCIAL MEDIA WORKING GROUP, AND FOR OTHER PURPOSES 

SEPTEMBER 21, 2015.—Ordered to be printed 


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(II) 

COMMITTEE ON HOMELAND SECURITY AND GOVERNMENTAL AFFAIRS 

RON JOHNSON, Wisconsin, Chairman 

JOHN MCCAIN, Arizona 

ROB PORTMAN, Ohio 

RAND PAUL, Kentucky 

JAMES LANKFORD, Oklahoma 

MICHAEL B. ENZI, Wyoming 

KELLY AYOTTE, New Hampshire 

JONI ERNST, Iowa 

BEN SASSE, Nebraska 

THOMAS R. CARPER, Delaware 

CLAIRE MCCASKILL, Missouri 

JON TESTER, Montana 

TAMMY BALDWIN, Wisconsin 

HEIDI HEITKAMP, North Dakota 

CORY A. BOOKER, New Jersey 

GARY C. PETERS, Michigan 

KEITH B. ASHDOWN, Staff Director 

CHRISTOPHER R. HIXON, Chief Counsel 

DAVID S. LUCKEY, Director of Homeland Security 

WILLIAM H.W. MCKENNA, Chief Counsel for Homeland Security 

COLLEEN E. BERNY, Research Assistant 

GABRIELLE A. BATKIN, Minority Staff Director 

JOHN P. KILVINGTON, Minority Deputy Staff Director 

MARY BETH SCHULTZ, Minority Chief Counsel 

STEPHEN R. VIN ̃ A, Minority Chief Counsel for Homeland Security 

ROBERT H. BRADLEY, Minority Professional Staff Member 

LAURA W. KILBRIDE, Chief Clerk 


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Calendar No. 234 

114TH CONGRESS SENATE REPORT " ! 1st Session 114–145 

SOCIAL MEDIA WORKING GROUP ACT OF 2015 

SEPTEMBER 21, 2015.—Ordered to be printed 

Mr. JOHNSON, from the Committee on Homeland Security and 

Governmental Affairs, submitted the following 

R E P O R T 

[To accompany H.R. 623] 

The Committee on Homeland Security and Governmental Affairs, 

to which was referred the bill (H.R. 623) to amend the Homeland 

Security Act of 2002 to authorize the Department of Homeland Security to establish a social media working group, and for other purposes, having considered the same, reports favorably thereon with 

an amendment and recommends that the bill, as amended, do pass. 

CONTENTS 

Page 

I. Purpose and Summary .................................................................................. 1 

II. Background and Need for the Legislation ................................................... 2 

III. Legislative History ......................................................................................... 3 

IV. Section-by-Section Analysis .......................................................................... 3 

V. Evaluation of Regulatory Impact .................................................................. 4 

VI. Congressional Budget Office Cost Estimate ................................................ 5 

VII. Changes in Existing Law Made by the Act, as Reported ........................... 5 

I. PURPOSE AND SUMMARY

The purpose of H.R. 623, the DHS Social Media Improvement 

Act of 2015, is to codify and improve an existing Department of 

Homeland Security (DHS or ‘‘the Department’’) working group established to enhance the dissemination of information through social media technologies between the Department and stakeholders 

and provide guidance and best practices on the use of social media 

before, during, and after a natural disaster, act of terrorism, or 

other manmade disaster. This act requires the working group to 

submit an annual report to Congress that details best practices and 

lessons learned during response efforts and provides recommendations on how to improve the use of social media by the Department. 


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1Pew Research Center, Social Networking Fact Sheet, http://www.pewinternet.org/factsheets/social-networking-fact-sheet/ (last visited Sept. 8, 2015). 2 Bruce Lindsay, Cong. Research Serv., R41987, Social Media and Disasters: Current Uses, 

Future Options, and Policy Considerations 9 (2011). 3 U.S. Dep’t of Homeland Sec., Lessons Learned: Social Media And Hurricane Sandy 6 (2013), 

available at http://www.firstresponder.gov/TechnologyDocuments/Lessons%20Learned% 

20Social%20Media%20and%20Hurricane%20Sandy.pdf; see also Sarah Estes Cohen, Sandy 

Marked a Shift for Social Media Use in Disasters, Emergency Mgmt., Mar. 7, 2013, http:// 

www.emergencymgmt.com/disaster/Sandy-Social-Media-Use-in-Disasters.html (describing the 

shift in social media use with Hurricane Sandy). 4 Cohen, supra note 3. 5Pew Research Center, Most Expect ‘‘Occasional Acts of Terrorism’’ In The Future (2013), 

http://www.people-press.org/2013/04/23/most-expect-occasional-acts-of-terrorism-in-thefuture/. 6 Id. 

7See ISIL in America: Domestic Terror and Radicalization: Hearing Before the Subcomm. on 

Crime, Terrorism, Homeland Security, and Investigations of the H. Comm. on the Judiciary, 114th Cong. (2015) (statement of Michael Steinbach, Assistant Director, Federal Bureau of Investigation); see also Jihad 2.0: Social Media in the Next Evolution of Terrorist Recruitment: 

Hearing Before the S. Comm. on Homeland Security and Governmental Affairs, 114th Cong. 

(2015) [hereinafter Jihad 2.0] (statement of Daveed Gartenstein-Ross, Fellow, Foundation for 

Defense of Democracies). 

The working group will terminate five years after the date of enactment unless the chairperson of the working group submits to Congress a certification that the continued existence of the group is 

necessary. 

II. BACKGROUND AND THE NEED FOR LEGISLATION

Recent studies have shown that seventy-four percent of online 

adults utilize social media.1 Along with this growth in adoption, 

Americans have increasingly turned to social media to receive upto-date information from the emergency management community, 

as well as to share their personal experiences via posts, tweets, pictures, and videos.2

The public and the government have used social media during a 

number of recent emergencies, disasters, and acts of terrorism. 

When Hurricane Sandy made landfall in 2012, both the public and 

government agencies relied on social media technology before, during, and after the storm made landfall.3 The Federal Emergency 

Management Agency (FEMA) closely monitored the approximately 

20 million Twitter messages it received, sent messages to more 

than 300,000 Facebook users and 6 million Twitter users, and in 

a single day, redirected more than 500,000 visitors to the 

Ready.gov website.4

Social media is a multifaceted tool when it comes to terrorism; 

it can be an efficient way for first responders to disseminate information quickly to the public during an act of terrorism. First responders can use social media to alert the public that a terrorist 

attack has occurred and provide updates throughout the event, as 

happened during the 2013 Boston Marathon Bombing when a quarter of Americans received information about the attack via social 

network sites.5 Young Americans in particular relied on social 

media during the incident, with fifty-six percent stating that they 

utilized social networks to remain up-to-date during the attack.6

Unfortunately, terrorists are also using social media to recruit, 

radicalize and inspire followers to carry out attacks in the United 

States and abroad.7 As a result, a number of individuals have been 

inspired to travel to areas that are currently controlled by the Islamic State. At this time, the number of foreign fighters who have 


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8 Jihad 2.0, supra note 7 (statement of Daveed Gartenstein-Ross, Fellow, Foundation for Defense of Democracies). 9 Id. 

10Sci. & Tech. Directorate, U.S. Dep’t of Homeland Sec., First Responders Group—Virtual Social Media Working Group (VSMWG) (2013), available at http://www.firstresponder.gov/Lists/ 

TechnologyProfiles/attachments/16/Virtual%20Social%20Media%20Working%20Group% 

20Fact%20Sheet.pdf. 

traveled to Syria and Iraq is greater than during the Afghan-Soviet 

war.8 Much of this increase is due to recruitment via social media.9

Recognizing the potential value for social media in emergencies, 

in 2010, DHS established the Virtual Social Media Working Group 

(VSMWG) to provide guidance to the emergency preparedness and 

response community on the effective use of social media.10 Since 

2010, social media use has markedly expanded and evolved. This 

legislation codifies and improves the existing working group within 

the Department and ensures proper accountability by expanding 

the group’s current membership, increasing collaboration with the 

private sector, and improving the group’s annual reporting requirements. 

III. LEGISLATIVE HISTORY

On March 14, 2014, Representative Susan Brooks introduced 

H.R. 4263, the Social Media Working Group Act of 2014. The act 

passed the House by a vote of 375–19 on July 8, 2014. The measure 

was received in the Senate and referred to the Committee on 

Homeland Security and Governmental Affairs, but the Committee 

did not take up the act during the 113th Congress. 

In the 114th Congress, Representative Brooks introduced H.R. 

623, the Social Media Working Group Act of 2015, on January 30, 

2015. The act passed the House on February 2, 2015, by a vote of 

328–51. The measure was received in the Senate and referred to 

the Committee on Homeland Security and Governmental Affairs. 

The Committee considered H.R. 623 at a business meeting on 

May 6, 2015. At the business meeting, Chairman Ron Johnson introduced a substitute amendment that changed the name of the act 

to the DHS Social Media Improvement Act of 2015, removed an exemption to the requirements of the Federal Advisory Committee 

Act (FACA), created a five-year sunset and renewal process, made 

changes to the membership and reporting requirements, and made 

additional technical corrections. The Committee favorably reported 

the act, as amended by the Johnson substitute amendment, by 

voice vote en bloc. Senators present for the vote were: Johnson, 

McCain, Portman, Lankford, Ernst, Sasse, Carper, McCaskill, 

Baldwin, Heitkamp, and Peters. 

IV. SECTION-BY-SECTION ANALYSIS OF THE ACT, AS REPORTED

Sec. 1. Short title 

This section provides the Act’s short title, ‘‘DHS Social Media Improvement Act of 2015.’’ 

Sec. 2. Social Media Working Group 

This section amends Title III of the Homeland Security Act of 

2002 (6 U.S.C. 181 et seq.) by adding a new section 318. The new 

section requires the Secretary of Homeland Security to establish 

within the Department a social media working group (‘‘the Group’’). 


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This section also provides requirements for the Group’s membership, procedure, and termination. 

Subsection (b) of the new section defines the purpose of the 

Group as identifying and providing guidance on best practices on 

the use of social media technologies before, during and after a natural disaster, act of terrorism, or other man-made disaster to improve first responders’ efficient use of those technologies. 

Subsection (c) of the new section delineates the required membership of the Group, which reflects a whole of community approach and is composed of a cross section of representatives from 

various DHS components and offices, other federal agencies, and 

non-governmental organizations. Further, subsection (c) provides 

for the creation of a chairperson and co-chairperson of the Group, 

and the addition of other members. Term limits of the additional 

members shall be determined by the chairperson. 

Subsection (d) of the new section requires the Group to work 

with other entities in the public and private sector to the extent 

practicable. 

Subsection (e) of the new section establishes requirements for the 

first meeting of the Group and frequency of meetings thereafter. 

The subsection also permits the Group to hold its meetings virtually. 

Subsection (f) of the new section requires that the Group provide 

an annual report to the Committee and the House Committee on 

Homeland Security for each year that it meets. The report shall include, among other things, a review of current and emerging social 

technologies, best practices, lessons learned, available training for 

officials on the use of such technology, and coordination efforts with 

the private sector; and recommendations to improve public awareness of using social media during a natural disaster, act of terrorism, or other man-made disaster. 

Subsection (g) of the new section sunsets the Group after five 

years unless the chairperson certifies to the Committee and the 

House Committee on Homeland Security that the purpose established in subsection (b) of the new section remains unfulfilled and 

the Group’s continued existence is necessary to achieve that purpose. Such renewals would last for an additional five years at a 

time, so long as the chairperson continues to certify the need for 

the Group to Congress. The Committee intends for this to be a 

flexible but rigorous standard, and that the Group not continue indefinitely unless there is a certified need. 

V. EVALUATION OF REGULATORY IMPACT

Pursuant to the requirements of paragraph 11(b) of rule XXVI of 

the Standing Rules of the Senate, the Committee has considered 

the regulatory impact of this act and determined that the act will 

have no regulatory impact within the meaning of the rules. The 

Committee agrees with the Congressional Budget Office’s statement that the act contains no intergovernmental or private-sector 

mandates as defined in the Unfunded Mandates Reform Act 

(UMRA) and would impose no costs on state, local, or tribal governments. 


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VI. CONGRESSIONAL BUDGET OFFICE COST ESTIMATE

MAY 13, 2015. 

Hon. RON JOHNSON, 

Chairman, Committee on Homeland Security and Governmental Affairs, U.S. Senate, Washington, DC. 

DEAR MR. CHAIRMAN: The Congressional Budget Office has prepared the enclosed cost estimate for H.R. 623, the DHS Social 

Media Improvement Act of 2015. 

If you wish further details on this estimate, we will be pleased 

to provide them. The CBO staff contact is Mark Grabowicz. 

Sincerely, 

KEITH HALL. 

Enclosure. 

H.R. 623—DHS Social Media Improvement Act of 2015 

H.R. 623 would direct the Department of Homeland Security 

(DHS) to establish a working group to provide guidance and best 

practices on the use of social media technologies, specifically during 

a terrorist attack or other emergency. The group would prepare 

guidance for the emergency preparedness and response community. 

The act would define the membership of the working group, which 

would include more than 20 experts from federal, state, local, and 

tribal governments along with nongovernmental organizations. The 

working group would be authorized to hold virtual meetings to fulfill the requirement to meet twice a year. The working group would 

be required to submit an annual report on emerging trends and 

best practices for emergency response through social media. 

Based on the cost of similar activities carried out under the DHS 

Acquisition and Accountability Efficiency Act and the Critical Infrastructure Research and Development Advancement Act of 2013, 

CBO estimates that the new DHS responsibilities and the annual 

report required by H.R. 623 would cost less than $500,000 annually, assuming the availability of appropriated funds. Enacting the 

legislation would not affect direct spending or revenues; therefore, 

pay-as-you-go procedures do not apply. 

H.R. 623 contains no intergovernmental or private-sector mandates as defined in the Unfunded Mandates Reform Act. 

The CBO staff contact for this estimate is Mark Grabowicz. The 

estimate was approved by Theresa Gullo, Assistant Director for 

Budget Analysis. 

VII. CHANGES IN EXISTING LAW MADE BY THE ACT, AS REPORTED

In compliance with paragraph 12 of rule XXVI of the Standing 

Rules of the Senate, changes in existing law made by H.R. 623 as 

reported are shown as follows (existing law proposed to be omitted 

is enclosed in brackets, new matter is printed in italic, and existing 

law in which no change is proposed is shown in roman): 

HOMELAND SECURITY ACT OF 2002 

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

(a) * * * 


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(b) TABLE OF CONTENTS.—The table of contents for this Act is as 

follows: 

* * * * * * * 

TITLE III—SCIENCE AND TECHNOLOGY IN SUPPORT OF HOMELAND 

SECURITY 

Sec. 301. Under Secretary for Science and Technology 

* * * * * * * 

Sec. 318. Social media working group. 

* * * * * * * 

TITLE III—SCIENCE AND TECHNOLOGY IN 

SUPPORT OF HOMELAND SECURITY 

* * * * * * * 

SEC. 318. SOCIAL MEDIA WORKING GROUP. 

(a) ESTABLISHMENT.—The Secretary shall establish within the Department a social media working group (in this section referred to 

as the ‘‘Group’’). 

(b) PURPOSE.—In order to enhance the dissemination of information through social media technologies between the Department and 

appropriate stakeholders and to improve use of social media technologies in support of preparedness, response, and recovery, the 

Group shall identify, and provide guidance and best practices to the 

emergency preparedness and response community on, the use of social media technologies before, during, and after a natural disaster 

or an act of terrorism or other man-made disaster. 

(c) MEMBERSHIP.— 

(1) IN GENERAL.—Membership of the Group shall be composed of a cross section of subject matter experts from Federal, 

State, local, tribal, territorial, and nongovernmental organization practitioners, including representatives from the following 

entities: 

(A) The Office of Public Affairs of the Department. 

(B) The Office of the Chief Information Officer of the Department. 

(C) The Privacy Office of the Department. 

(D) The Federal Emergency Management Agency. 

(E) The Office of Disability Integration and Coordination 

of the Federal Emergency Management Agency. 

(F) The American Red Cross. 

(G) The Forest Service. 

(H) The Centers for Disease Control and Prevention. 

(I) The United States Geological Survey. 

(J) The National Oceanic and Atmospheric Administration. 

(2) CHAIRPERSON; CO-CHAIRPERSON.— 

(A) CHAIRPERSON.—The Secretary, or a designee of the 

Secretary, shall serve as the chairperson of the Group. 

(B) CO-CHAIRPERSON.—The chairperson shall designate, 

on a rotating basis, a representative from a State or local 

government who is a member of the Group to serve as the 

co-chairperson of the Group. 


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(3) ADDITIONAL MEMBERS.—The chairperson shall appoint, on 

a rotating basis, qualified individuals to the Group. The total 

number of such additional members shall— 

(A) be equal to or greater than the total number of regular members under paragraph (1); and 

(B) include— 

(i) not fewer than 3 representatives from the private 

sector; and 

(ii) representatives from— 

(I) State, local, tribal, and territorial entities, including from— 

(aa) law enforcement; 

(bb) fire services; 

(cc) emergency management; and 

(dd) public health entities; 

(II) universities and academia; and 

(III) nonprofit disaster relief organizations. 

(4) TERM LIMITS.—The chairperson shall establish term limits 

for individuals appointed to the Group under paragraph (3). 

(d) CONSULTATION WITH NON-MEMBERS.—To the extent practicable, the Group shall work with entities in the public and private 

sectors to carry out subsection (b). 

(e) MEETINGS.— 

(1) INITIAL MEETING.—Not later than 90 days after the date 

of enactment of this section, the Group shall hold its initial 

meeting. 

(2) SUBSEQUENT MEETINGS.—After the initial meeting under 

paragraph (1), the Group shall meet— 

(A) at the call of the chairperson; and 

(B) not less frequently than twice each year. 

(3) VIRTUAL MEETINGS.—Each meeting of the Group may be 

held virtually. 

(f) REPORTS.—During each year in which the Group meets, the 

Group shall submit to the appropriate congressional committees a 

report that includes the following: 

(1) A review and analysis of current and emerging social 

media technologies being used to support preparedness and response activities related to natural disasters and acts of terrorism and other man-made disasters. 

(2) A review of best practices and lessons learned on the use 

of social media technologies during the response to natural disasters and acts of terrorism and other man-made disasters that 

occurred during the period covered by the report at issue. 

(3) Recommendations to improve the Department’s use of social media technologies for emergency management purposes. 

(4) Recommendations to improve public awareness of the type 

of information disseminated through social media technologies, 

and how to access such information, during a natural disaster 

or an act of terrorism or other man-made disaster. 

(5) A review of available training for Federal, State, local, 

tribal, and territorial officials on the use of social media technologies in response to a natural disaster or an act of terrorism 

or other man-made disaster. 


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(6) A review of coordination efforts with the private sector to 

discuss and resolve legal, operational, technical, privacy, and 

security concerns. 

(g) DURATION OF GROUP.— (1) IN GENERAL.—The Group shall terminate on the date that 

is 5 years after the date of enactment of this section unless the 

chairperson renews the Group for a successive 5-year period, 

prior to the date on which the Group would otherwise terminate, by submitting to the Committee on Homeland Security 

and Governmental Affairs of the Senate and the Committee on 

Homeland Security of the House of Representatives a certification that the continued existence of the Group is necessary to 

fulfill the purpose described in subsection (b). 

(2) CONTINUED RENEWAL.—The chairperson may continue to 

renew the Group for successive 5-year periods by submitting a 

certification in accordance with paragraph (1) prior to the date 

on which the Group would otherwise terminate. 

* * * * * * * 

Æ 


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