(i) IN
GENERAL.—Notwithstanding 
subparagraph (A)(ii)(II), the term ‘‘digital 
platform’’ does not include an entity that 
offers goods and services to the public on-
line if the offering of goods and services 
online is a de minimis part of the entity’s 
overall business. 
(ii) ONLINE SERVICES THAT DO NOT 
QUALIFY FOR DE MINIMIS EXCEPTION.— 
Notwithstanding clause (i), if an online 
service 
described 
in 
subparagraph 
(A)(ii)(II) is owned by an entity but is of-
fered through an affiliate, partnership, or 
joint venture of, or is otherwise segregable 
from, the entity— 
(I) the online service shall be 
considered a digital platform; and 
(II) the entity shall not be con-
sidered a digital platform. 
(C) SMALL
DIGITAL
PLATFORM
BUSI-
NESSES.— 
(i) IN GENERAL.—The term ‘‘digital 
platform’’ does not include a small digital 
platform business, except as provided in 
clause (iii). 
VerDate Sep 11 2014 
00:21 May 26, 2022
Jkt 029200
PO 00000
Frm 00007
Fmt 6652
Sfmt 6201
E:\BILLS\H7858.IH
H7858
kjohnson on DSK79L0C42PROD with BILLS
(ii) SBA 
RULEMAKING.—Not later 
than 180 days after the date of enactment 
of this Act, the Administrator of the Small 
Business Administration shall by regula-
tion define the term ‘‘small digital plat-
form business’’ for purposes of clause (i). 
(iii) NON-APPLICABILITY TO SYSTEM-
ICALLY
IMPORTANT
DIGITAL
PLAT-
FORMS.—Clause (i) shall not apply to a 
systemically important digital platform. 
(D) 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 writes, edits, and 
reports. 
(5) IMMEDIATE
FAMILY
MEMBER.—The term 
‘‘immediate family member’’, with respect to an indi-
vidual, means a spouse, parent, sibling, or child of 
the individual. 
(6) ONLINE SERVICE.—The term ‘‘online serv-
ice’’ includes a consumer-facing website, back-end 
online-support system, or other facilitator of online 
transactions and activities. 
(7) SYSTEMICALLY IMPORTANT DIGITAL PLAT-
FORM.—The term ‘‘systemically important digital 
VerDate Sep 11 2014 
00:21 May 26, 2022
Jkt 029200
PO 00000
Frm 00008
Fmt 6652
Sfmt 6201
E:\BILLS\H7858.IH
H7858
kjohnson on DSK79L0C42PROD with BILLS
platform’’ means a digital platform that the Com-
mission has designated as a systemically important 
digital platform under section 10. 
SEC. 4. ESTABLISHMENT OF FEDERAL DIGITAL PLATFORM 
COMMISSION. 
(a) ESTABLISHMENT.—There is established a com-
mission to be known as the ‘‘Federal Digital Platform 
Commission’’, which shall— 
(1) be constituted as provided in this Act; and 
(2) execute and enforce the provisions of this 
Act. 
(b) PURPOSES OF COMMISSION.—The purpose of the 
Commission is to regulate digital platforms, consistent 
with the public interest, convenience, and necessity, to pro-
mote to all the people of the United States, so far as pos-
sible, the following: 
(1) Access to digital platforms for civic engage-
ment and economic and educational opportunities. 
(2) Access to government services and public 
safety. 
(3) Competition to encourage the creation of 
new online services and innovation, and to provide to 
consumers benefits such as lower prices and better 
quality of service. 
VerDate Sep 11 2014 
00:21 May 26, 2022
Jkt 029200
PO 00000
Frm 00009
Fmt 6652
Sfmt 6201
E:\BILLS\H7858.IH
H7858
kjohnson on DSK79L0C42PROD with BILLS
(4) Prevention of harmful levels of concentra-
tion of private power over critical digital infrastruc-
ture. 
(5) A robust and competitive marketplace of 
ideas with a diversity of views at the local, State, 
and national levels. 
(6) Protection for consumers from deceptive, 
unfair, unjust, unreasonable, or abusive practices 
committed by digital platforms. 
(7) Assurance that the algorithmic processes of 
digital platforms are fair, transparent, and safe. 
(c) RULE OF CONSTRUCTION.—Nothing in this Act 
shall be construed to modify, impair, or supersede the ap-
plicability of any antitrust laws. 
SEC. 5. JURISDICTION. 
(a) PLENARY JURISDICTION.—The Commission shall 
have jurisdiction over any digital platform, the services of 
which— 
(1) originate or are received within the United 
States; and 
(2) affect interstate or foreign commerce. 
(b) PROVISIONS RELATIVE TO SYSTEMICALLY IM-
PORTANT DIGITAL PLATFORMS.—Not later than 180 days 
after the earliest date as of which not fewer than 3 Com-
missioners have been confirmed, the Commission shall de-
VerDate Sep 11 2014 
00:21 May 26, 2022
Jkt 029200
PO 00000
Frm 00010
Fmt 6652
Sfmt 6201
E:\BILLS\H7858.IH
H7858
kjohnson on DSK79L0C42PROD with BILLS
termine whether to issue rules, with input from the Code 
Council as appropriate, to establish for systemically impor-
tant digital platforms— 
(1) commercial and technical standards for— 
(A) data portability; and 
(B) interoperability, which shall be defined 
as the functionality of information systems to— 
(i) exchange data; and 
(ii) enable sharing of information; 
(2) requirements for recommendation systems 
and other algorithmic processes of systemically im-
portant digital platforms to ensure that the algo-
rithmic processes are fair, transparent, and without 
harmful, abusive, anticompetitive, or deceptive bias; 
(3) transparency requirements for terms of 
service, including content moderation policies; 
(4) requirements for regular public risk assess-
ments of the distribution of harmful content on a 
systemically important digital platform and steps the 
systemically important digital platform has taken, or 
plans to take, to mitigate those harms; 
(5) transparency and disclosure obligations to 
enable— 
(A) oversight by the Commission; 
VerDate Sep 11 2014 
00:21 May 26, 2022
Jkt 029200
PO 00000
Frm 00011
Fmt 6652
Sfmt 6201
E:\BILLS\H7858.IH
H7858
kjohnson on DSK79L0C42PROD with BILLS
(B) third-party audits to ensure the accu-
racy of any public risk assessments required 
under paragraph (4); and 
(C) trusted third-party research in the 
public interest; and 
(6) commercial and technical standards to en-
sure accessibility to individuals with a disability, as 
defined in section 3 of the Americans with Disabil-
ities Act of 1990 (42 U.S.C. 12102), including to 
provide the ability for an individual who has a hear-
ing impairment, speech impairment, or vision im-
pairment to engage with systemically important dig-
ital platforms in a manner that is functionally equiv-
alent to the ability of an individual who does not 
have a hearing impairment, speech impairment, or 
vision impairment to engage with systemically im-
portant digital platforms. 
(c) FORBEARANCE.— 
(1) IN GENERAL.—The Commission may for-
bear from exercising jurisdiction over a digital plat-
form or class of digital platforms based on size, rev-
enue, market share, or other attributes the Commis-
sion determines appropriate. 
(2) FLEXIBILITY.—The Commission may re-
assert jurisdiction over a digital platform or class of 
VerDate Sep 11 2014 
00:21 May 26, 2022
Jkt 029200
PO 00000
Frm 00012
Fmt 6652
Sfmt 6201
E:\BILLS\H7858.IH
H7858
kjohnson on DSK79L0C42PROD with BILLS
digital platform over which the Commission forbore 
from exercising jurisdiction under paragraph (1). 
SEC. 6. ORGANIZATION AND GENERAL POWERS. 
(a) IN GENERAL.—The Commission shall be com-
posed of 5 Commissioners appointed by the President, by 
and with the advice and consent of the Senate, one of 
whom the President shall designate as chair. 
(b) QUALIFICATIONS.— 
(1) CITIZENSHIP.—Each member of the Com-
mission shall be a citizen of the United States. 
(2) CONFLICTS OF INTEREST.— 
(A) IN
GENERAL.—Subject to subpara-
graphs (B) and (C), no member of the Commis-
sion or person employed by the Commission, 
and no immediate family member thereof, 
shall— 
(i) be financially interested in— 
(I) any person significantly regu-
lated by the Commission under this 
Act; or 
(II) a third party in direct and 
substantial competition with a person 
described in subclause (I); or 
(ii) be employed by, hold any official 
relation to, or own any stocks, bonds, or 
VerDate Sep 11 2014 
00:21 May 26, 2022
Jkt 029200
PO 00000
Frm 00013
Fmt 6652
Sfmt 6201
E:\BILLS\H7858.IH
H7858
kjohnson on DSK79L0C42PROD with BILLS
other securities of, any person or third 
party described in clause (i). 
(B) SIGNIFICANT INTEREST.—The prohibi-
tions under subparagraph (A) shall apply only 
to financial interests in any company or other 
entity that has a significant interest in activi-
ties subject to regulation by the Commission. 
(C) WAIVER.— 
(i) IN GENERAL.—Subject to section 
208 of title 18, United States Code, the 
Commission may waive, from time to time, 
the application of the prohibitions under 
subparagraph (A) to persons employed by 
the Commission, or immediate family 
members thereof, if the Commission deter-
mines that the financial interests of a per-
son that are involved in a particular case 
are minimal. 
(ii) 
NO
WAIVER
FOR
COMMIS-
SIONERS.—The waiver authority under 
clause (i) shall not apply with respect to 
members of the Commission. 
(iii) PUBLICATION.—If the Commis-
sion exercises the waiver authority under 
clause (i), the Commission shall publish 
VerDate Sep 11 2014 
00:21 May 26, 2022
Jkt 029200
PO 00000
Frm 00014
Fmt 6652
Sfmt 6201
E:\BILLS\H7858.IH
H7858
kjohnson on DSK79L0C42PROD with BILLS
notice of that action in the Federal Reg-
ister. 
(3) DETERMINATION
OF
SIGNIFICANT
INTER-
EST.—The Commission, in determining for purposes 
of paragraph (2) whether a company or other entity 
has a significant interest in activities that are sub-
ject to regulation by the Commission, shall consider, 
without excluding other relevant factors— 
(A) the revenues, investments, profits, and 
managerial efforts directed to the related activi-
ties of the company or other entity, as com-
pared to the other aspects of the business of the 
company or other entity; 
(B) the extent to which the Commission 
regulates and oversees the activities of the com-
pany or other entity; 
(C) the degree to which the economic inter-
ests of the company or other entity may be af-
fected by any action of the Commission; and 
(D) the perceptions held by the public re-
garding the business activities of the company 
or other entity. 
(4) NO OTHER EMPLOYMENT.—A member of 
the Commission may not engage in any other busi-
VerDate Sep 11 2014 
00:21 May 26, 2022
Jkt 029200
PO 00000
Frm 00015
Fmt 6652
Sfmt 6201
E:\BILLS\H7858.IH
H7858
kjohnson on DSK79L0C42PROD with BILLS
ness, vocation, profession, or employment while serv-
ing as a member of the Commission. 
(5) POLITICAL PARTIES.—The maximum num-
ber 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 Commission. 
(c) TERM.— 
(1) IN GENERAL.—A commissioner— 
(A) shall be appointed for a term of 5 
years; and 
(B) may continue to serve after the expira-
tion of the fixed term of office of the commis-
sioner until a successor is appointed and has 
been confirmed and taken the oath of office. 
(2) FILLING OF VACANCIES.—Any person cho-
sen to fill a vacancy in the Commission— 
(A) shall be appointed for the unexpired 
term of the commissioner that the person suc-
ceeds; 
(B) except as provided in subparagraph 
(C), may continue to serve after the expiration 
of the fixed term of office of the commissioner 
that the person succeeds until a successor is ap-
VerDate Sep 11 2014 
00:21 May 26, 2022
Jkt 029200
PO 00000
Frm 00016
Fmt 6652
Sfmt 6201
E:\BILLS\H7858.IH
H7858
kjohnson on DSK79L0C42PROD with BILLS
pointed and has been confirmed and taken the 
oath of office; and 
(C) may not continue to serve after the ex-
piration of the session of Congress that begins 
after the expiration of the fixed term of office 
of the commissioner that the person succeeds. 
(3) EFFECT OF VACANCY ON POWERS OF COM-
MISSION.—Except as provided in section 9(e) (relat-
ing to repeal of prior rules), no vacancy in the Com-
mission shall impair the right of the remaining com-
missioners to exercise all the powers of the Commis-
sion. 
(d) SALARY OF COMMISSIONERS.— 
(1) IN GENERAL.—Each Commissioner shall re-
ceive an annual salary at the annual rate payable 
from time to time for grade 16 of the pay scale of 
the Securities and Exchange Commission, payable in 
monthly installments. 
(2) CHAIR.—The Chair of the Commission, 
during the period of service as Chair, shall receive 
an annual salary at the annual rate payable from 
time to time for grade 17 of the pay scale of the Se-
curities and Exchange Commission. 
(e) PRINCIPAL OFFICE.— 
VerDate Sep 11 2014 
00:21 May 26, 2022
Jkt 029200
PO 00000
Frm 00017
Fmt 6652
Sfmt 6201
E:\BILLS\H7858.IH
H7858
kjohnson on DSK79L0C42PROD with BILLS
(1) GENERAL SESSIONS.—The principal office 
of the Commission shall be in the District of Colum-
bia, where its general sessions shall be held. 
(2) SPECIAL SESSIONS.—Whenever the conven-
ience of the public or of the parties may be pro-
moted or delay or expense prevented thereby, the 
Commission may hold special sessions in any part of 
the United States. 
(f) EMPLOYEES.— 
(1) IN GENERAL.—The Commission may, sub-
ject to the civil service laws and the Classification 
Act of 1949, as amended, appoint such officers, en-
gineers, accountants, attorneys, inspectors, exam-
iners, and other employees as are necessary in the 
exercise of its functions. 
(2) ASSISTANTS.— 
(A) 
PROFESSIONAL
ASSISTANTS; 
SEC-
RETARY.—Without regard to the civil-service 
laws, but subject to the Classification Act of 
1949, each commissioner may appoint profes-
sional assistants and a secretary, each of whom 
shall perform such duties as the commissioner 
shall direct. 
(B) 
ADMINISTRATIVE
ASSISTANT
TO 
CHAIR.—In addition to the authority under sub-
VerDate Sep 11 2014 
00:21 May 26, 2022
Jkt 029200
PO 00000
Frm 00018
Fmt 6652
Sfmt 6201
E:\BILLS\H7858.IH
H7858
kjohnson on DSK79L0C42PROD with BILLS
paragraph (A), the Chair of the Commission 
may appoint, without regard to the civil-service 
laws, but subject to the Classification Act of 
1949, an administrative assistant who shall per-
form such duties as the Chair shall direct. 
(3) USE OF VOLUNTEERS TO MONITOR VIOLA-
TIONS RELATING TO ONLINE SERVICES.— 
(A) RECRUITMENT AND TRAINING OF VOL-
UNTEERS.—The Commission, for purposes of 
monitoring violations of any provision of this 
Act (and of any regulation prescribed by the 
Commission under this Act), may— 
(i) recruit and train any software en-
gineer, computer scientist, data scientist, 
or other individual with skills or expertise 
relevant to the responsibilities of the Com-
mission; and 
(ii) accept and employ the voluntary 
and uncompensated services of individuals 
described in clause (i). 
(B) NO
LIMITATIONS
ON
VOLUNTARY 
SERVICES.—The authority of the Commission 
under subparagraph (A) shall not be subject to 
or affected by— 
VerDate Sep 11 2014 
00:21 May 26, 2022
Jkt 029200
PO 00000
Frm 00019
Fmt 6652
Sfmt 6201
E:\BILLS\H7858.IH
H7858
kjohnson on DSK79L0C42PROD with BILLS
(i) part III of title 5, United States 
Code; or 
(ii) section 1342 of title 31, United 
States Code. 
(C) NO FEDERAL EMPLOYMENT.—Any in-
dividual who provides services under this para-
graph or who provides goods in connection with 
such services shall not be considered a Federal 
or special government employee. 
(D) BROAD REPRESENTATION.—The Com-
mission, in accepting and employing services of 
individuals under subparagraph (A), shall seek 
to achieve a broad representation of individuals 
and organizations. 
(E) RULES OF CONDUCT.—The Commis-
sion may establish rules of conduct and other 
regulations governing the service of individuals 
under this paragraph. 
(F) REGULATIONS FOR PERSONNEL PRAC-
TICES.—The Commission may prescribe regula-
tions to select, oversee, sanction, and dismiss 
any individual authorized under this paragraph 
to be employed by the Commission. 
(g) EXPENDITURES.— 
VerDate Sep 11 2014 
00:21 May 26, 2022
Jkt 029200
PO 00000
Frm 00020
Fmt 6652
Sfmt 6201
E:\BILLS\H7858.IH
H7858
kjohnson on DSK79L0C42PROD with BILLS
(1) IN GENERAL.—The Commission may make 
such expenditures (including expenditures for rent 
and personal services at the seat of government and 
elsewhere, for office supplies, online subscriptions, 
electronics, law books, periodicals, subscriptions, and 
books of reference), as may be necessary for the exe-
cution of the functions vested in the Commission 
and as may be appropriated for by Congress in ac-
cordance with the authorizations of appropriations 
under section 18. 
(2) REIMBURSEMENT.—All expenditures of the 
Commission, including all necessary expenses for 
transportation incurred by the commissioners or by 
their employees, under their orders, in making any 
investigation or upon any official business in any 
other places than in the city of Washington, shall be 
allowed and paid on the presentation of itemized 
vouchers therefor approved by the Chair of the Com-
mission or by such other members or officer thereof 
as may be designated by the Commission for that 
purpose. 
(3) GIFTS.— 
(A) IN
GENERAL.—Notwithstanding any 
other provision of law, in furtherance of its 
functions the Commission is authorized to ac-
VerDate Sep 11 2014 
00:21 May 26, 2022
Jkt 029200
PO 00000
Frm 00021
Fmt 6652
Sfmt 6201
E:\BILLS\H7858.IH
H7858
kjohnson on DSK79L0C42PROD with BILLS
cept, hold, administer, and use unconditional 
gifts, donations, and bequests of real, personal, 
and other property (including voluntary and un-
compensated services, as authorized by section 
3109 of title 5, United States Code). 
(B) TAXES.—For the purpose of Federal 
law on income taxes, estate taxes, and gift 
taxes, property or services accepted under the 
authority of subparagraph (A) shall be deemed 
to be a gift, bequest, or devise to the United 
States. 
(C) REGULATIONS.— 
(i) IN
GENERAL.—The Commission 
shall promulgate regulations to carry out 
this paragraph. 
(ii) CONFLICTS
OF
INTEREST.—The 
regulations promulgated under clause (i) 
shall include provisions to preclude the ac-
ceptance of any gift, bequest, or donation 
that would create a conflict of interest or 
the appearance of a conflict of interest. 
(h) QUORUM; SEAL.— 
(1) QUORUM.—Three members of the Commis-
sion shall constitute a quorum thereof. 
VerDate Sep 11 2014 
00:21 May 26, 2022
Jkt 029200
PO 00000
Frm 00022
Fmt 6652
Sfmt 6201
E:\BILLS\H7858.IH
H7858
kjohnson on DSK79L0C42PROD with BILLS
(2) SEAL.—The Commission shall have an offi-
cial seal which shall be judicially noticed. 
(i) DUTIES
AND POWERS.—The Commission may 
perform any and all acts, including collection of any infor-
mation from digital platforms under the jurisdiction of the 
Commission as the Commission determines necessary, 
without regard to any final determination of the Office 
on Management and Budget under chapter 35 of title 44, 
United States Code (commonly referred to as the ‘‘Paper-
work Reduction Act’’), make such rules and regulations, 
and issue such orders, not inconsistent with this Act, as 
may be necessary in the execution of its functions. 
(j) CONDUCT OF PROCEEDINGS; HEARINGS.— 
(1) IN GENERAL.—The Commission may con-
duct its proceedings in such manner as will best con-
duce to the proper dispatch of business and to the 
ends of justice. 
(2) CONFLICT OF INTEREST.—No commissioner 
shall participate in any hearing or proceeding in 
which he has a pecuniary interest. 
(3) OPEN TO ALL PARTIES.—Any party may 
appear before the Commission and be heard in per-
son or by attorney. 
(4) RECORD OF PROCEEDINGS.— 
VerDate Sep 11 2014 
00:21 May 26, 2022
Jkt 029200
PO 00000
Frm 00023
Fmt 6652
Sfmt 6201
E:\BILLS\H7858.IH
H7858
kjohnson on DSK79L0C42PROD with BILLS
(A) IN
GENERAL.—Subject to subpara-
graph (B)— 
(i) every vote and official act of the 
Commission shall be entered of record; and 
(ii) the Commission shall endeavor to 
make each proceeding public, while recog-
nizing the occasional need for private con-
vening and deliberation. 
(B) DEFENSE INFORMATION.—The Com-
mission may withhold publication of records or 
proceedings containing secret information af-
fecting the national defense. 
(k) RECORD OF REPORTS.—All reports of investiga-
tions made by the Commission shall be entered of record, 
and a copy thereof shall be furnished to the party who 
may have complained, and to any digital platform or li-
censee that may have been complained of. 
(l) PUBLICATION OF REPORTS; ADMISSIBILITY AS 
EVIDENCE.—The Commission shall provide for the publi-
cation of its reports and decisions in such form and man-
ner as may be best adapted for public information and 
use, 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 
VerDate Sep 11 2014 
00:21 May 26, 2022
Jkt 029200
PO 00000
Frm 00024
Fmt 6652
Sfmt 6201
E:\BILLS\H7858.IH
H7858
kjohnson on DSK79L0C42PROD with BILLS
of the several States without any further proof or authen-
tication thereof. 
(m) COMPENSATION
OF
APPOINTEES.—Rates of 
compensation of persons appointed under this section shall 
be subject to the reduction applicable to officers and em-
ployees of the Federal Government generally. 
(n) MEMORANDA OF UNDERSTANDING.—The Com-
mission shall enter into memoranda of understanding with 
the Federal Communications Commission, the Federal 
Trade Commission, and the Department of Justice to en-
sure, to the greatest extent possible, coordination, collabo-
ration, and the effective use of Federal resources con-
cerning areas of overlapping jurisdiction. 
SEC. 7. ORGANIZATION AND FUNCTIONING OF THE COM-
MISSION. 
(a) CHAIR; DUTIES; VACANCY.— 
(1) IN GENERAL.—The member of the Commis-
sion designated by the President as Chair shall be 
the chief executive officer of the Commission. 
(2) DUTIES.—The Chair of the Commission 
shall— 
(A) preside at all meetings and sessions of 
the Commission; 
(B) represent the Commission in all mat-
ters relating to legislation and legislative re-
VerDate Sep 11 2014 
00:21 May 26, 2022
Jkt 029200
PO 00000
Frm 00025
Fmt 6652
Sfmt 6201
E:\BILLS\H7858.IH
H7858
kjohnson on DSK79L0C42PROD with BILLS
ports, except that any commissioner may 
present the commissioner’s own or minority 
views or supplemental reports; 
(C) represent the Commission in all mat-
ters requiring conferences or communications 
with other governmental officers, departments, 
or agencies; and 
(D) 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 Commis-
sion. 
(3) VACANCY.—In the case of a vacancy in the 
office of the Chair of the Commission, or the ab-
sence or inability of the Chair to serve, the Commis-
sion may temporarily designate a member of the 
Commission to act as Chair until the cause or cir-
cumstance requiring the designation is eliminated or 
corrected. 
(b) ORGANIZATION OF STAFF.— 
(1) IN GENERAL.—From time to time as the 
Commission may find necessary, the Commission 
shall organize its staff into— 
VerDate Sep 11 2014 
00:21 May 26, 2022
Jkt 029200
PO 00000
Frm 00026
Fmt 6652
Sfmt 6201
E:\BILLS\H7858.IH
H7858
kjohnson on DSK79L0C42PROD with BILLS
(A) bureaus, to function on the basis of 
the Commission’s principal workload operations; 
and 
(B) such other divisional organizations as 
the Commission may determine necessary. 
(2) INTEGRATION.—The Commission, to the ex-
tent practicable, shall organize the bureaus and 
other divisions of the Commission to— 
(A) promote collaboration and cross-cut-
ting subject matter and technical expertise; and 
(B) avoid organization silos. 
(3) PERSONNEL.—Each bureau established 
under paragraph (1)(A) shall include such legal, en-
gineering, accounting, administrative, clerical, and 
other personnel as the Commission may determine to 
be necessary to perform its functions. 
(4) EXPERT
PERSONNEL.—The Commission 
shall prioritize, to the extent practicable, the hiring 
of staff with a demonstrated academic or profes-
sional background in computer science, data science, 
application development, technology policy, and 
other areas the Commission may determine nec-
essary to perform its functions. 
(c) DELEGATION OF FUNCTIONS; EXCEPTIONS TO 
INITIAL ORDERS; FORCE, EFFECT, AND ENFORCEMENT 
VerDate Sep 11 2014 
00:21 May 26, 2022
Jkt 029200
PO 00000
Frm 00027
Fmt 6652
Sfmt 6201
E:\BILLS\H7858.IH
H7858
kjohnson on DSK79L0C42PROD with BILLS
OF ORDERS; ADMINISTRATIVE AND JUDICIAL REVIEW; 
QUALIFICATIONS AND COMPENSATION OF DELEGATES; 
ASSIGNMENT OF CASES; SEPARATION OF REVIEW AND 
INVESTIGATIVE
OR
PROSECUTING
FUNCTIONS; SEC-
RETARY; SEAL.— 
(1) DELEGATION OF FUNCTIONS.— 
(A) IN GENERAL.—When necessary to the 
proper functioning of the Commission and the 
prompt and orderly conduct of its business, the 
Commission may, by published rule or by order, 
delegate any of its functions to a panel of com-
missioners, an individual commissioner, an em-
ployee board, or an individual employee, includ-
ing functions with respect to hearing, deter-
mining, ordering, certifying, reporting, or other-
wise acting as to any work, business, or matter; 
except that in delegating review functions to 
employees in cases of adjudication (as defined 
in the Administrative Procedure Act), the dele-
gation in any such case may be made only to 
an employee board consisting of 2 or more em-
ployees referred to in paragraph (7). 
(B) MINIMUM VOTE.—Any rule or order 
described in subparagraph (A) may be adopted, 
amended, or rescinded only by a vote of a ma-
VerDate Sep 11 2014 
00:21 May 26, 2022
Jkt 029200
PO 00000
Frm 00028
Fmt 6652
Sfmt 6201
E:\BILLS\H7858.IH
H7858
kjohnson on DSK79L0C42PROD with BILLS
jority of the members of the Commission then 
holding office. 
(2) FORCE, EFFECT, AND
ENFORCEMENT
OF 
ORDERS.—Any order, decision, report, or action 
made or taken pursuant to a delegation under para-
graph (1), unless reviewed as provided in paragraph 
(3), shall have the same force and effect, and shall 
be made, evidenced, and enforced in the same man-
ner, as orders, decisions, reports, or other actions of 
the Commission. 
(3) ADMINISTRATIVE AND JUDICIAL REVIEW.— 
(A) AGGRIEVED
PERSONS.—Any person 
aggrieved by an order, decision, report or action 
described in paragraph (1) may file an applica-
tion for review by the Commission within such 
time and in such manner as the Commission 
shall prescribe, and every such application shall 
be passed upon by the Commission. 
(B) INITIATIVE
OF
COMMISSION.—The 
Commission, on its own initiative, may review 
in whole or in part, at such time and in such 
manner as it shall determine, any order, deci-
sion, report, or action made or taken pursuant 
to any delegation under paragraph (1). 
(4) REVIEW.— 
VerDate Sep 11 2014 
00:21 May 26, 2022
Jkt 029200
PO 00000
Frm 00029
Fmt 6652
Sfmt 6201
E:\BILLS\H7858.IH
H7858
kjohnson on DSK79L0C42PROD with BILLS
(A) IN GENERAL.—In passing upon an ap-
plication for review filed under paragraph (3), 
the Commission may grant, in whole or in part, 
or deny the application without specifying any 
reasons therefor. 
(B) QUESTIONS OF FACT OR LAW.—No ap-
plication for review filed under paragraph 
(3)(A) shall rely on questions of fact or law 
upon which the panel of commissioners, indi-
vidual commissioner, employee board, or indi-
vidual employee has been afforded no oppor-
tunity to pass. 
(5) GRANT OF APPLICATION.—If the Commis-
sion grants an application for review filed under 
paragraph (3)(A), the Commission may— 
(A) affirm, modify, or set aside the order, 
decision, report, or action; or 
(B) order a rehearing upon the order, deci-
sion, report, or action. 
(6) APPLICATION REQUIRED FOR JUDICIAL RE-
VIEW.—The filing of an application for review under 
paragraph (3)(A) shall be a condition precedent to 
judicial review of any order, decision, report, or ac-
tion made or taken pursuant to a delegation under 
paragraph (1). 
VerDate Sep 11 2014 
00:21 May 26, 2022
Jkt 029200
PO 00000
Frm 00030
Fmt 6652
Sfmt 6201
E:\BILLS\H7858.IH
H7858
kjohnson on DSK79L0C42PROD with BILLS
(7) QUALIFICATIONS
AND
COMPENSATION
OF 
DELEGATES; ASSIGNMENT
OF
CASES; SEPARATION 
OF REVIEW AND INVESTIGATIVE OR PROSECUTING 
FUNCTIONS.— 
(A) QUALIFICATIONS
OF
DELEGATES.— 
The employees to whom the Commission may 
delegate review functions in any case of adju-
dication (as defined in the Administrative Pro-
cedure Act)— 
(i) shall be qualified, by reason of 
their training, experience, and competence, 
to perform such review functions; and 
(ii) shall perform no duties incon-
sistent with such review functions. 
(B) COMPENSATION.—An employee de-
scribed in subparagraph (A) shall be in a grade 
classification or salary level commensurate with 
the important duties of the employee, and in no 
event less than the grade classification or salary 
level of the employee or employees whose ac-
tions are to be reviewed. 
(C) SEPARATION.—In the performance of 
review functions described in subparagraph (A), 
employees described in that subparagraph— 
VerDate Sep 11 2014 
00:21 May 26, 2022
Jkt 029200
PO 00000
Frm 00031
Fmt 6652
Sfmt 6201
E:\BILLS\H7858.IH
H7858
kjohnson on DSK79L0C42PROD with BILLS
(i) shall be assigned to cases in rota-
tion so far as practicable; and 
(ii) shall not be responsible to or sub-
ject to the supervision or direction of any 
officer, employee, or agent engaged in the 
performance of investigative or prosecuting 
functions for any agency. 
(8) SECRETARY; SEAL.—The secretary and seal 
of the Commission shall be the secretary and seal of 
each panel of the Commission, each individual com-
missioner, and each employee board or individual 
employee exercising functions delegated pursuant to 
paragraph (1) of this subsection. 
(d) MEETINGS.—Meetings of the Commission shall 
be held at regular intervals, not less frequently than once 
each calendar month, 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 Com-
mission with the objective of rendering a final decision in 
a timely fashion. 
(e) MANAGING DIRECTOR.— 
VerDate Sep 11 2014 
00:21 May 26, 2022
Jkt 029200
PO 00000
Frm 00032
Fmt 6652
Sfmt 6201
E:\BILLS\H7858.IH
H7858
kjohnson on DSK79L0C42PROD with BILLS
(1) IN GENERAL.—The Commission shall have 
a Managing Director who shall be appointed by the 
Chair subject to the approval of the Commission. 
(2) 
FUNCTIONS.—The 
Managing 
Director, 
under the supervision and direction of the Chair, 
shall perform such administrative and executive 
functions as the Chair shall delegate. 
(3) PAY.—The Managing Director shall be paid 
at a rate equal to the rate then payable for grade 
15 of the pay scale of the Securities and Exchange 
Commission. 
SEC. 8. CODE COUNCIL. 
(a) ESTABLISHMENT.—The Commission shall estab-
lish a Code Council that shall develop proposed voluntary 
or enforceable behavioral codes, technical standards, or 
other policies for digital platforms through the code proc-
ess under subsection (e). 
(b) MEMBERSHIP.— 
(1) IN GENERAL.—The Council shall consist of 
18 members, of whom— 
(A) 6 shall be representatives of digital 
platforms or associations of digital platforms, 
not fewer than 3 of whom shall be representa-
tives of systemically important digital platforms 
VerDate Sep 11 2014 
00:21 May 26, 2022
Jkt 029200
PO 00000
Frm 00033
Fmt 6652
Sfmt 6201
E:\BILLS\H7858.IH
H7858
kjohnson on DSK79L0C42PROD with BILLS
or associations that include systemically impor-
tant digital platforms; 
(B) 6 shall be representatives of nonprofit 
public interest groups, academics, and other ex-
perts not affiliated with commercial enterprises, 
with demonstrated expertise in technology pol-
icy, law, consumer protection, privacy, competi-
tion, disinformation, or another area the Chair 
determines relevant; and 
(C) 6 shall be technical experts in engi-
neering, application development, computer 
science, data science, machine learning, commu-
nications, media studies, and any other dis-
cipline the Chair determines relevant. 
(2) APPOINTMENT.—The Chair shall appoint 
each member of the Council, subject to approval by 
the Commission. 
(3) TERMS.— 
(A) IN GENERAL.—A member of the Coun-
cil shall be appointed for a term of 3 years. 
(B) STAGGERED
TERMS.—The terms of 
members of the Council shall be staggered such 
that one-third of the membership of the Council 
changes each year. 
VerDate Sep 11 2014 
00:21 May 26, 2022
Jkt 029200
PO 00000
Frm 00034
Fmt 6652
Sfmt 6201
E:\BILLS\H7858.IH
H7858
kjohnson on DSK79L0C42PROD with BILLS
(c) MEETINGS.—The Council shall meet publicly not 
less frequently than once a month. 
(d) CHAIR AND VICE CHAIR.— 
(1) IN GENERAL.—There shall be a Chair and 
Vice Chair of the Council— 
(A) one of whom shall be a member de-
scribed in subparagraph (A) of subsection 
(b)(1); and 
(B) one of whom shall be a member de-
scribed in subparagraph (B) of subsection 
(b)(1). 
(2) ANNUAL
ROTATION.—The Chair or Vice 
Chair for a calendar year shall be a member de-
scribed in a different subparagraph of subsection 
(b)(1) than the member who served as Chair or Vice 
Chair, respectively, for the preceding calendar year. 
(e) CODE PROCESS.— 
(1) IN
GENERAL.—The Commission may, at 
any time, initiate a process to develop a voluntary or 
enforceable behavioral code, technical standard, or 
other policy for digital platforms or a class of digital 
platforms. 
(2) INITIATION BASED ON PETITION OR COUN-
CIL VOTE.—The Commission may initiate the proc-
ess described in paragraph (1) if— 
VerDate Sep 11 2014 
00:21 May 26, 2022
Jkt 029200
PO 00000
Frm 00035
Fmt 6652
Sfmt 6201
E:\BILLS\H7858.IH
H7858
kjohnson on DSK79L0C42PROD with BILLS
(A) the Commission receives a petition 
from the public, including from a digital plat-
form or an association of digital platforms; or 
(B) the Council votes to initiate the proc-
ess. 
(3) COUNCIL EXAMINATION AND VOTE.—If the 
process described in paragraph (1) is initiated, the 
Council— 
(A) shall consider and develop, if appro-
priate, a proposed behavioral code, technical 
standard, or other policy for digital platforms 
or a class of digital platforms; 
(B) in considering and developing a pro-
posed code, standard, or policy under subpara-
graph (A), shall— 
(i) allow for submission of feedback by 
any interested party; and 
(ii) make available to the public a fac-
tual record, developed during the consider-
ation and development of the proposed 
code, standard, or policy, that includes any 
submission received under clause (i); 
(C) not earlier than 180 days and not later 
than 360 days after the date on which the proc-
ess is initiated, shall vote on whether to submit 
VerDate Sep 11 2014 
00:21 May 26, 2022
Jkt 029200
PO 00000
Frm 00036
Fmt 6652
Sfmt 6201
E:\BILLS\H7858.IH
H7858
kjohnson on DSK79L0C42PROD with BILLS
ance with section 553 of title 5, United States 
Code. 
(5) UPDATES.—Not less frequently than once 
every 5 years, the Commission shall review and up-
date, as necessary, any behavioral code, technical 
standard, or other policy established by rule under 
paragraph (4). 
(6) RULE OF CONSTRUCTION.—Nothing in this 
subsection shall be construed to affect the authority 
of the Commission to promulgate rules under section 
9. 
(f) QUALIFICATIONS.— 
(1) CITIZENSHIP.—Each member of the Council 
shall be a United States citizen or an alien lawfully 
admitted for permanent residence to the United 
States. 
(2) CONFLICTS OF INTEREST.— 
(A) IN
GENERAL.—Subject to subpara-
graphs (B) and (C), no member of the Council 
other than a member appointed under sub-
section (b)(1)(A) shall— 
(i) be financially interested in any 
company or other entity engaged in the 
business of providing online services; 
VerDate Sep 11 2014 
00:21 May 26, 2022
Jkt 029200
PO 00000
Frm 00038
Fmt 6652
Sfmt 6201
E:\BILLS\H7858.IH
H7858
kjohnson on DSK79L0C42PROD with BILLS
(ii) be financially interested in any 
company or other entity that controls any 
company or other entity specified in clause 
(i), or that derives a significant portion of 
its total income from ownership of stocks, 
bonds, or other securities of any such com-
pany or other entity; or 
(iii) be employed by, hold any official 
relation to, or own any stocks, bonds, or 
other securities of, any person significantly 
regulated by the Commission under this 
Act. 
(B) SIGNIFICANT INTEREST.—The prohibi-
tions under subparagraph (A) shall apply only 
to financial interests in any company or other 
entity that has a significant interest in activi-
ties subject to regulation by the Commission. 
(C) WAIVER.— 
(i) IN GENERAL.—Subject to section 
208 of title 18, United States Code, the 
Commission may waive, from time to time, 
the application of the prohibitions under 
subparagraph (A) to a member of the 
Council if the Commission determines that 
the financial interests of the member that 
VerDate Sep 11 2014 
00:21 May 26, 2022
Jkt 029200
PO 00000
Frm 00039
Fmt 6652
Sfmt 6201
E:\BILLS\H7858.IH
H7858
kjohnson on DSK79L0C42PROD with BILLS
are involved in a particular case are mini-
mal. 
(ii) PUBLICATION.—If the Commis-
sion exercises the waiver authority under 
clause (i), the Commission shall publish 
notice of that action in the Federal Reg-
ister. 
(3) DETERMINATION
OF
SIGNIFICANT
INTER-
EST.—The Commission, in determining for purposes 
of paragraph (2) whether a company or other entity 
has a significant interest in activities that are sub-
ject to regulation by the Commission, shall consider, 
without excluding other relevant factors— 
(A) the revenues, investments, profits, and 
managerial efforts directed to the related activi-
ties of the company or other entity, as com-
pared to the other aspects of the business of the 
company or other entity; 
(B) the extent to which the Commission 
regulates and oversees the activities of the com-
pany or other entity; 
(C) the degree to which the economic inter-
ests of the company or other entity may be af-
fected by any action of the Commission; and 
VerDate Sep 11 2014 
00:21 May 26, 2022
Jkt 029200
PO 00000
Frm 00040
Fmt 6652
Sfmt 6201
E:\BILLS\H7858.IH
H7858
kjohnson on DSK79L0C42PROD with BILLS
(D) the perceptions held by the public re-
garding the business activities of the company 
or other entity. 
(g) RULE OF CONSTRUCTION.—Nothing in this sec-
tion shall be construed to authorize the Council to promul-
gate rules. 
SEC. 9. RULEMAKING AUTHORITY, REQUIREMENTS, AND 
CONSIDERATIONS. 
The Commission— 
(1) may promulgate rules to carry out this Act 
in accordance with section 553 of title 5, United 
States Code; and 
(2) shall tailor the rules promulgated under 
paragraph (1), as appropriate, based on the size, 
dominance, and other attributes of particular digital 
platforms. 
SEC. 10. SYSTEMICALLY IMPORTANT DIGITAL PLATFORMS. 
(a) DESIGNATION
OF SIDPS; RULEMAKING AU-
THORITY.—The Commission may— 
(1) designate systemically important digital 
platforms in accordance with this section; and 
(2) promulgate rules specific to systemically im-
portant digital platforms, consistent with the pur-
poses of the Commission under section 4(b). 
VerDate Sep 11 2014 
00:21 May 26, 2022
Jkt 029200
PO 00000
Frm 00041
Fmt 6652
Sfmt 6201
E:\BILLS\H7858.IH
H7858
kjohnson on DSK79L0C42PROD with BILLS
(b) MANDATORY CRITERIA.—The Commission shall 
designate a digital platform a systemically important dig-
ital platform if the platform— 
(1) is open to the public on one side; 
(2) has significant engagement among users, 
which may take the form of private groups, public 
groups, and the sharing of posts visible to some or 
all users; 
(3) conducts business primarily at the inter-
state or international level, as opposed to the intra-
state level; and 
(4) has operations with significant nationwide 
economic, social, or political impacts, as defined by 
the Commission for purposes of this paragraph 
through notice-and-comment rulemaking under sec-
tion 553 of title 5, United States Code, which may 
include— 
(A) the ability of the platform to signifi-
cantly shape the national dissemination of 
news; 
(B) the ability of the platform to cause a 
person significant, immediate, and demon-
strable economic, social, or political harm by ex-
clusion from the platform; 
(C) the market power of the platform; 
VerDate Sep 11 2014 
00:21 May 26, 2022
Jkt 029200
PO 00000
Frm 00042
Fmt 6652
Sfmt 6201
E:\BILLS\H7858.IH
H7858
kjohnson on DSK79L0C42PROD with BILLS
(D) the number of unique daily users of 
the platform; and 
(E) the dependence of business users, espe-
cially small business users, on the platform to 
reach customers. 
(c) ANNUAL AND OTHER REPORTS.— 
(1) AUTHORITY
TO
REQUIRE
REPORTS.—The 
Commission may— 
(A) require annual reports from system-
ically important digital platforms subject to this 
Act, and from persons directly or indirectly con-
trolling or controlled by, or under direct or indi-
rect control with, any such platform; 
(B) prescribe the content expected in such 
reports; 
(C) prescribe the manner in which such re-
ports shall be made; and 
(D) require from such persons specific an-
swers to all questions upon which the Commis-
sion may need information. 
(2) ADMINISTRATION.— 
(A) TIME
PERIOD
COVERED; FILING.—A 
report under paragraph (1)— 
(i) shall be for such 12 months’ period 
as the Commission shall designate; and 
VerDate Sep 11 2014 
00:21 May 26, 2022
Jkt 029200
PO 00000
Frm 00043
Fmt 6652
Sfmt 6201
E:\BILLS\H7858.IH
H7858
kjohnson on DSK79L0C42PROD with BILLS
(ii) shall be filed with the Commission 
at its office in Washington not later than 
3 months after the close of the year for 
which the report is made, unless additional 
time is granted in any case by the Com-
mission. 
(B) FAILURE TO MEET DEADLINE.—If a 
person subject to this subsection fails to make 
and file an annual report within the time speci-
fied under subparagraph (A), or within the time 
extended by the Commission, for making and 
filing the report, or fails to make specific an-
swer to any question authorized by this sub-
section within 30 days after the time the person 
is lawfully required so to do, the person shall 
forfeit to the United States— 
(i) $10,000 for each day the person 
continues to be in default with respect 
thereto, for the first 30 days of such de-
fault; and 
(ii) an amount determined appropriate 
by the Commission for each subsequent 
day that the person continues to be in de-
fault with respect thereto, which may not 
VerDate Sep 11 2014 
00:21 May 26, 2022
Jkt 029200
PO 00000
Frm 00044
Fmt 6652
Sfmt 6201
E:\BILLS\H7858.IH
H7858
kjohnson on DSK79L0C42PROD with BILLS
exceed 1 percent of the total global revenue 
of the person during the preceding year. 
SEC. 11. MERGER REVIEW. 
(a) IN GENERAL.—Except as provided in subsection 
(c), no digital platform shall be transferred or disposed 
of in any manner, voluntarily or involuntarily, directly or 
indirectly, or by transfer of control of any operator of such 
digital platform, to any person except upon application to 
the Commission and upon finding by the Commission that 
the public interest, convenience, and necessity will be 
served thereby. The Commission may grant or deny the 
application, or grant the application with conditions if the 
Commission finds that such conditions serve the public in-
terest, convenience, or necessity. 
(b) PROCEDURES.—The Commission shall issue rules 
that specify the procedures for review of applications 
under subsection (a), which may include procedures that 
are tailored to transactions of different sizes. 
(c) EXEMPTIONS.—The Commission may issue rules 
to exempt from review certain classes of digital platforms 
on the basis of size, or such other criteria as the Commis-
sion considers appropriate in the public interest, conven-
ience, and necessity to achieve the purposes described in 
section 4(b). 
VerDate Sep 11 2014 
00:21 May 26, 2022
Jkt 029200
PO 00000
Frm 00045
Fmt 6652
Sfmt 6201
E:\BILLS\H7858.IH
H7858
kjohnson on DSK79L0C42PROD with BILLS
SEC. 12. PETITIONS. 
(a) PETITION FOR FORBEARANCE.— 
(1) SUBMISSION.— 
(A) 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 en-
forcement of a rule promulgated under this Act, 
including a behavioral code of conduct, tech-
nical standard, or other policy established by 
rule under section 8. 
(B) PUBLICATION.— 
(i) IN
GENERAL.—Subject to clause 
(ii), the Commission shall make a petition 
submitted under subparagraph (A) avail-
able to the public. 
(ii) WAIVER.—The Commission may 
waive the requirement under clause (i) if 
the Commission makes the rationale for 
the waiver available to the public.. 
(2) DISMISSAL WITHOUT PREJUDICE.— 
(A) IN GENERAL.—Any petition submitted 
under paragraph (1) shall be deemed dismissed 
without prejudice if the Commission does not 
grant the petition within 18 months after the 
date on which the Commission receives the peti-
VerDate Sep 11 2014 
00:21 May 26, 2022
Jkt 029200
PO 00000
Frm 00046
Fmt 6652
Sfmt 6201
E:\BILLS\H7858.IH
H7858
kjohnson on DSK79L0C42PROD with BILLS
tion, unless the Commission extends the 18- 
month period under subparagraph (B) of this 
paragraph. 
(B) EXTENSION.—The Commission may 
extend the initial 18-month period under sub-
paragraph (A) by an additional 3 months. 
(3) SCOPE
OF
GRANT
AUTHORITY; WRITTEN 
EXPLANATION.—The Commission may grant or deny 
a petition submitted under paragraph (1) in whole 
or in part and shall explain its decision in writing. 
(4) NOTICE AND COMMENT REQUIREMENTS.— 
Section 553 of title 5, United States Code, shall 
apply to any determination of the Commission to 
forbear the application and enforcement of a rule 
under paragraph (1) of this subsection. 
(b) STATE ENFORCEMENT AFTER COMMISSION FOR-
BEARANCE.—A State commission may not continue to 
apply or enforce any rule, including any behavioral code, 
technical standard, or other policy established by rule, that 
the Commission has determined to forbear from applying 
under subsection (a). 
SEC. 13. RESEARCH. 
(a) RESEARCH OFFICE.—In order to carry out the 
purposes of this Act, the Commission shall establish an 
office with not fewer than 20 dedicated employees to con-
VerDate Sep 11 2014 
00:21 May 26, 2022
Jkt 029200
PO 00000
Frm 00047
Fmt 6652
Sfmt 6201
E:\BILLS\H7858.IH
H7858
kjohnson on DSK79L0C42PROD with BILLS
duct internal research, and collaborate with outside aca-
demics and experts, as appropriate, to further the pur-
poses of the Commission under section 4(b). 
(b) RESEARCH GRANTS.— 
(1) IN GENERAL.—The office established under 
subsection (a) may competitively award grants to 
academic institutions and experts to conduct re-
search consistent with the purposes of the Commis-
sion under section 4(b). 
(2) PUBLIC
AVAILABILITY.—A recipient of a 
grant awarded under paragraph (1) shall make the 
findings of the research conducted using the grant 
publicly available. 
(c) PILOT RESEARCH PROGRAM
FOR SENSITIVE 
DATA.—The Commission shall by rule establish a pilot 
program that allows vetted, nonprofit, financially disin-
terested 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 interest, while— 
(1) ensuring that no personally identifiable in-
formation of any user of the digital platform is pub-
licly available; and 
(2) making every effort to— 
VerDate Sep 11 2014 
00:21 May 26, 2022
Jkt 029200
PO 00000
Frm 00048
Fmt 6652
Sfmt 6201
E:\BILLS\H7858.IH
H7858
kjohnson on DSK79L0C42PROD with BILLS
(A) avoid harm to the business interests of 
the digital platform; and 
(B) ensure the safety and security of the 
private data and other information of the dig-
ital platform. 
SEC. 14. INVESTIGATIVE AUTHORITY. 
(a) IN GENERAL.—The Commission may inquire into 
the management of the business of digital platforms sub-
ject to this Act, and shall keep itself informed as to the 
manner and method in which that management is con-
ducted and as to technical and business developments in 
the provision of online services. 
(b) INFORMATION.—The Commission may obtain 
from digital platforms subject to this Act and from per-
sons directly or indirectly controlling or controlled by, or 
under direct or indirect control with, those platforms full 
and complete information necessary, including data flows, 
to enable the Commission to perform the duties and carry 
out the objects for which it was created. 
SEC. 15. ENFORCEMENT BY PRIVATE PERSONS AND GOV-
ERNMENTAL ENTITIES. 
(a) RECOVERY OF DAMAGES.—Any person claiming 
to be damaged by any digital platform subject to this Act 
may— 
VerDate Sep 11 2014 
00:21 May 26, 2022
Jkt 029200
PO 00000
Frm 00049
Fmt 6652
Sfmt 6201
E:\BILLS\H7858.IH
H7858
kjohnson on DSK79L0C42PROD with BILLS
(1) make complaint to the Commission under 
subsection (b); or 
(2) bring a civil action for enforcement of this 
Act, including the rules promulgated under this Act, 
in any district court of the United States of com-
petent jurisdiction. 
(b) COMPLAINTS TO THE COMMISSION.— 
(1) IN GENERAL.— 
(A) APPLICATION.—Any person, any body 
politic or municipal organization, or any State 
attorney general or State commission, com-
plaining of anything done or omitted to be done 
by any digital platform subject to this Act, in 
contravention of the provisions thereof, may 
apply to the Commission by petition which shall 
briefly state the facts, whereupon a statement 
of the complaint thus made shall be forwarded 
by the Commission to the digital platform, 
which shall be called upon to satisfy the com-
plaint or to answer the complaint in writing 
within a reasonable time to be specified by the 
Commission. 
(B) RELIEF
OF
LIABILITY.—If a digital 
platform described in subparagraph (A) within 
the time specified makes reparation for the in-
VerDate Sep 11 2014 
00:21 May 26, 2022
Jkt 029200
PO 00000
Frm 00050
Fmt 6652
Sfmt 6201
E:\BILLS\H7858.IH
H7858
kjohnson on DSK79L0C42PROD with BILLS
jury alleged to have been caused, the platform 
shall be relieved of liability to the complainant 
only for the particular violation of law thus 
complained of. 
(C) INVESTIGATION.—If a digital platform 
described in subparagraph (A) does not satisfy 
the complaint within the time specified or there 
shall appear to be any reasonable ground for in-
vestigating the complaint, the Commission shall 
investigate the matters complained of in such 
manner and by such means as the Commission 
determines proper. 
(D) DIRECT DAMAGE NOT REQUIRED.—No 
complaint shall at any time be dismissed be-
cause of the absence of direct damage to the 
complainant. 
(2) ORDER.— 
(A) IN GENERAL.—The Commission shall, 
with respect to any investigation under this 
subsection of the lawfulness of a charge, classi-
fication, regulation, or practice, issue an order 
concluding the investigation not later than 180 
days after the date on which the complaint was 
filed. 
VerDate Sep 11 2014 
00:21 May 26, 2022
Jkt 029200
PO 00000
Frm 00051
Fmt 6652
Sfmt 6201
E:\BILLS\H7858.IH
H7858
kjohnson on DSK79L0C42PROD with BILLS
(B) FINAL ORDER.—Any order concluding 
an investigation under subparagraph (A) shall 
be a final order and may be appealed under sec-
tion 16. 
(3) ORDERS
FOR
PAYMENT
OF
MONEY.—If, 
after hearing on a complaint under this paragraph, 
the Commission determines that any party complain-
ant is entitled to an award of damages under this 
Act, 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 be-
fore a day named. 
(c) ENFORCEMENT
BY STATE ATTORNEYS GEN-
ERAL.—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 Act, 
the attorney general of the State, as parens patrie, 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 Act, including the rules 
promulgated under this Act. 
(d) LIABILITY OF DIGITAL PLATFORM FOR ACTS 
AND OMISSIONS OF AGENTS.—In construing and enforc-
ing the provisions of this Act, the act, omission, or failure 
VerDate Sep 11 2014 
00:21 May 26, 2022
Jkt 029200
PO 00000
Frm 00052
Fmt 6652
Sfmt 6201
E:\BILLS\H7858.IH
H7858
kjohnson on DSK79L0C42PROD with BILLS
of any officer, agent, or other person acting for or em-
ployed by any digital platform or user, acting within the 
scope of his employment, shall in every case be also 
deemed to be the act, omission, or failure of the platform 
or user as well as that of the person. 
SEC. 16. PROCEEDINGS TO ENJOIN, SET ASIDE, ANNUL, OR 
SUSPEND ORDERS OF THE COMMISSION. 
(a) RIGHT TO APPEAL.—An appeal may be taken 
from any decision or order of the Commission, by any per-
son who is aggrieved or whose interests are adversely af-
fected by the decision or order, 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 
resides. 
(b) FILING NOTICE OF APPEAL; CONTENTS; JURIS-
DICTION; TEMPORARY ORDERS.— 
(1) FILING NOTICE OF APPEAL.—An appeal de-
scribed in subsection (a) shall be taken by filing a 
notice of appeal with the appropriate United States 
court of appeals not later than 30 days after the 
date on which public notice is given of the decision 
or order complained of. 
(2) CONTENTS.—A notice of appeal filed under 
paragraph (1) shall contain— 
VerDate Sep 11 2014 
00:21 May 26, 2022
Jkt 029200
PO 00000
Frm 00053
Fmt 6652
Sfmt 6201
E:\BILLS\H7858.IH
H7858
kjohnson on DSK79L0C42PROD with BILLS
(A) a concise statement of the nature of 
the proceedings as to which the appeal is taken; 
(B) a concise statement of the reasons on 
which the appellant intends to rely, separately 
stated and numbered; and 
(C) proof of service of a true copy of the 
notice and statements upon the Commission. 
(3) JURISDICTION.—Upon the filing of a notice 
of appeal with a United States court of appeals 
under paragraph (1), the court— 
(A) shall have jurisdiction of the pro-
ceedings and of the questions determined there-
in; and 
(B) shall have power, by order, directed to 
the Commission or any other party to the ap-
peal, to grant such temporary relief as the 
court may deem just and proper. 
(4) TEMPORARY ORDERS.—An order granting 
temporary relief issued by the court under para-
graph (3)— 
(A) may be affirmative or negative in scope 
and application so as to permit— 
(i) the maintenance of the status quo 
in the matter in which the appeal is taken; 
or 
VerDate Sep 11 2014 
00:21 May 26, 2022
Jkt 029200
PO 00000
Frm 00054
Fmt 6652
Sfmt 6201
E:\BILLS\H7858.IH
H7858
kjohnson on DSK79L0C42PROD with BILLS