I 
117TH CONGRESS 
1ST SESSION H. R. 4653 
To prohibit the creation and use of fake social media accounts or profiles 
and the sending of fraudulent emails or other electronic messages, and 
to require certain social media companies to remove fake or harmful 
accounts and profiles from their platforms. 
IN THE HOUSE OF REPRESENTATIVES 
JULY 22, 2021 
Mr. KINZINGER introduced the following bill; which was referred to the 
Committee on Energy and Commerce 
A BILL 
To prohibit the creation and use of fake social media ac-
counts or profiles and the sending of fraudulent emails 
or other electronic messages, and to require certain social 
media companies to remove fake or harmful accounts 
and profiles from their platforms. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Social Media Account-
ability and Account Verification Act’’. 
SEC. 2. DEFINITIONS. 
As used in this Act, the following definitions apply: 
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(4) The term ‘‘social media company’’ means 
any person that owns, manages, or operates a social 
media platform. 
(5) The term ‘‘social media platform’’— 
(A) means a website or internet medium 
that— 
(i) permits a person to become a reg-
istered user, establish an account, or create 
a profile for the purpose of allowing users 
to create, share, and view user-generated 
content through such an account or profile; 
(ii) enables one or more users to gen-
erate content that can be viewed by other 
users of the medium; and 
(iii) primarily serves as a medium for 
users to interact with content generated by 
other users of the medium; and 
(B) does not include— 
(i) any such platform that serves 
fewer than 100,000 users; 
(ii) an email program, email distribu-
tion 
lists, 
multi-person 
text 
message 
groups, or a website that is primarily for 
the purpose of internet commerce; 
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(iii) a private platform or messaging 
service used by an entity solely to commu-
nicate with others employed by or affiliated 
with such entity; or 
(iv) an internet-based platform whose 
primary purpose is— 
(I) to allow users to post product 
reviews, business reviews, travel infor-
mation and reviews; or 
(II) to provide news or entertain-
ment content, but that may also in-
clude a comment section for users to 
discuss such news or entertainment 
content. 
SEC. 3. LIMITED RULEMAKING RELATED TO USER AC-
COUNT VERIFICATION. 
(a) IN GENERAL.—Not later than one year after the 
date of enactment of this Act, the Commission shall issue 
regulations under section 553 of title 5, United States 
Code, to require social media companies to remove decep-
tive or fraudulent accounts or profiles from their social 
media platforms and, to the greatest extent practicable, 
verify the creator of such accounts. 
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(b) 
REQUIRED
COMPONENTS.—The 
regulations 
issued under this section shall include and be limited to 
the following requirements for social media companies: 
(1) Establishment of a readily available means 
by which an individual user may request a social 
media company to investigate and remove a decep-
tive account or profile or multiple similar accounts 
or profiles, including a requirement that the social 
media company, upon notification of a verified com-
plaint regarding a deceptive user account or profile 
as described in this Act, responds expeditiously with-
in a reasonable time, but no later than 45 days, to 
remove, or disable access to, any deceptive account 
or profile and any other materials and messages 
published through that account or profile named in 
such request. The Commission shall include instruc-
tions on its internet website on how a user may 
make such a request to a social media company. 
(2) If, after an investigation into the deceptive 
account or profile requested to be removed under 
paragraph (1), a social media company determines 
such account or profile is not deceptive, the social 
media company shall expeditiously within a reason-
able time, but no later than 45 days, notify the indi-
vidual submitting the request the reasons for making 
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such determination. Such notification shall provide 
such individual the website address (or a hyperlink 
to such address) to the Commission’s web page so 
that the individual may register a complaint with the 
Commission that the social media company may not 
be in compliance with the regulations issued under 
this section. 
(3) A requirement that a social media company 
take escalating actions against individuals who make 
false or bad faith requests under paragraph (1), in-
cluding a warning, suspension of any accounts of 
such individuals, and banning such individuals from 
the social media platform. 
(c) PUBLIC COMMENT ON OTHER MATTERS TO BE 
CONSIDERED.— 
(1) IN GENERAL.—The Commission shall solicit 
public comment on including in its rulemaking— 
(A) the most effective, feasible, and appro-
priate means for a social media company to 
verify that an account or profile is not deceptive 
and contrary to the purpose of this Act; 
(B) the feasibility, potential effectiveness, 
and appropriateness of a requirement for social 
media companies to develop programs to con-
duct reverse-image searches across the social 
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media company’s social media platform, and 
across the internet to determine if any image of 
an individual used as a profile picture for a 
user is— 
(i) such individual’s actual likeness; or 
(ii) an image also used by other users; 
and 
(C) a requirement that if a social media 
company determines that a user’s profile pic-
ture is not their unique likeness after the re-
views conducted pursuant to paragraph (2) to 
flag the account or profile for additional screen-
ing and review in an effort to determine if an 
account is deceptive for purposes of this Act. 
(2) LIMITATION.—Any reverse-image searches 
conducted by a social media company pursuant to a 
rulemaking under this section shall be conducted for 
the sole purpose of determining if an account or pro-
file on such company’s social media platform is de-
ceptive for purposes of this Act. 
(d) PERIODIC REVIEW AND UPDATES.—The Com-
mission shall, as appropriate, but not fewer than once 
every 7 years, review the regulations issued pursuant to 
this section, and if Commission determines such regula-
tions should be updated, the Commission shall report rec-
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ommendations for such changes to the appropriate Con-
gressional committees for consideration whether to confer 
additional rulemaking authority to the Commission. Noth-
ing in this section shall be construed to confer any new 
authorities or powers upon the Commission beyond what 
is described in this section. 
(e) FACTORS TO CONSIDER.—In issuing the regula-
tions under this section and any requirements imposed by 
such regulations, the Commission— 
(1) may take into consideration— 
(A) the size of, and the nature, scope, and 
complexity of, the activities engaged in by such 
social media companies; 
(B) the feasibility of complying with each 
regulation; 
(C) the current state of the art in adminis-
trative and technical means for accomplishing 
objectives described in subsections (a) and (b); 
and 
(D) the cost to social media companies of 
implementing policies, practices, and procedures 
necessary to comply with this Act; and 
(2) shall strive to make each regulation reason-
able, flexible, and risk-based for different sizes and 
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practices of social media platforms covered by this 
Act. 
SEC. 4. ENFORCEMENT BY COMMISSION. 
(a) UNFAIR OR DECEPTIVE ACTS OR PRACTICES.— 
A violation of a regulation issued under section 3 shall 
be treated as an unfair and deceptive act or practice in 
violation of a regulation under section 18(a)(1)(B) of the 
Federal Trade Commission Act (15 U.S.C. 57a(a)(1)(B)) 
regarding unfair or deceptive acts or practices. 
(b) POWERS
OF COMMISSION.—The Commission 
shall enforce this Act in the same manner, by the same 
means, and with the same jurisdiction, powers, and duties 
as though all applicable terms and provisions of the Fed-
eral Trade Commission Act (15 U.S.C. 41 et seq.) were 
incorporated into and made a part of this Act, and any 
social media company subject to the Commission’s author-
ity who violates this Act shall be subject to the penalties 
and entitled to the privileges and immunities provided in 
the Federal Trade Commission Act (15 U.S.C. 41 et seq.). 
Nothing in this Act shall be construed to limit the author-
ity of the Federal Trade Commission under any other pro-
vision of law. 
(c) EFFECT OF GUIDANCE.—No guidance issued by 
the Commission with respect to this Act shall confer any 
rights on any person, State, or locality, nor shall operate 
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to bind the Commission or any person to the approach 
recommended in such guidelines. The Commission shall 
not base an enforcement action on, or execute a consent 
order based on, practices that are alleged to be incon-
sistent with any such guidelines, unless the practices alleg-
edly violate a provision of such regulations. 
(d) OPPORTUNITY TO CURE.—Before being assessed 
any civil penalty for a violation of such regulations, a so-
cial media company shall be afforded a reasonable oppor-
tunity to bring itself into compliance with such regula-
tions. If a social media company does not meet the re-
quirements of such regulations, the social media company 
shall have an opportunity to explain to the Commission 
the reasons for noncompliance as well as the actions the 
social media company intends to come into compliance 
with such requirements. 
SEC. 5. REPORT. 
Not later than 2 years after the date of enactment 
of this Act, the Commission, in consultation with other 
entities, as appropriate, shall issue a report to Congress, 
including— 
(1) an assessment of— 
(A) general compliance with this Act by so-
cial media companies; and 
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(B) the efficacy of social media companies’ 
processes to comply with this Act; and 
(2) any policy recommendations for Congress to 
consider that the Commission determines to be nec-
essary for or would facilitate the enforcement of this 
Act. 
Æ 
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