I 
116TH CONGRESS 
1ST SESSION H. R. 4536 
To protect the right of the American public under the First Amendment 
to the Constitution of the United States to receive news and information 
from disparate sources by regulating the use of automated software 
programs intended to impersonate or replicate human activity on social 
media. 
IN THE HOUSE OF REPRESENTATIVES 
SEPTEMBER 26, 2019 
Ms. SLOTKIN (for herself, Ms. SPANBERGER, Ms. SHERRILL, and Ms. TORRES 
SMALL of New Mexico) introduced the following bill; which was referred 
to the Committee on Energy and Commerce 
A BILL 
To protect the right of the American public under the First 
Amendment to the Constitution of the United States 
to receive news and information from disparate sources 
by regulating the use of automated software programs 
intended to impersonate or replicate human activity on 
social media. 
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 ‘‘Bot Disclosure and 
Accountability Act of 2019’’. 
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SEC. 2. SENSE OF CONGRESS. 
It is the sense of Congress that the United States 
Government has a compelling interest in— 
(1) mitigating the deceptiveness of social media 
bots, which impersonate human activity online, 
through public disclosure requirements that impose 
a minimal burden on rights protected under the 
First Amendment to the Constitution of the United 
States; and 
(2) mitigating the effectiveness of efforts by 
foreign entities to influence United States elections 
through the use of social media bots to spread mis-
information and propaganda. 
SEC. 3. PUBLIC DISCLOSURE OF SOFTWARE PROGRAMS IN-
TENDED TO IMPERSONATE OR REPLICATE 
HUMAN ACTIVITY. 
(a) DEFINITIONS.— 
(1) IN GENERAL.—In this section— 
(A) the term ‘‘automated software pro-
gram or process intended to impersonate or 
replicate human activity online’’ has the mean-
ing given the term by the Commission by regu-
lation under paragraph (2); 
(B) the term ‘‘Commission’’ means the 
Federal Trade Commission; 
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(C) the term ‘‘social media provider’’ 
means any person that owns or operates a so-
cial media website; and 
(D) the term ‘‘social media website’’ means 
any tool, website, application, or other media 
that connects users on the internet for the pur-
pose of engaging in dialogue, sharing informa-
tion, collaborating, and interacting. 
(2) DEFINITION
BY
REGULATION.—Not later 
than 1 year after the date of enactment of this Act, 
the Commission shall promulgate regulations under 
section 553 of title 5, United States Code, to define 
the term ‘‘automated software program or process 
intended to impersonate or replicate human activity 
online’’ broadly enough so that the definition is not 
limited to current technology. 
(b) REGULATIONS.—Not later than 1 year after the 
date of enactment of this Act, the Commission shall pro-
mulgate regulations under section 553 of title 5, United 
States Code, to require a social media provider to establish 
and implement policies and procedures to require a user 
of a social media website owned or operated by the social 
media provider to publicly disclose the use of any auto-
mated software program or process intended to imper-
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sonate or replicate human activity online on the social 
media website. 
(c) REQUIREMENTS.—In promulgating regulations 
under subsection (b), the Commission shall require a so-
cial media provider to establish and implement, for each 
social media website owned or operated by the social media 
provider— 
(1) a policy that requires any user of the social 
media website that employs an automated software 
program or process intended to impersonate or rep-
licate human activity online on the social media 
website to provide clear and conspicuous notice of 
the automated program in clear and plain language 
to any other person or user of the social media 
website who may be exposed to activities conducted 
by the automated program; 
(2) a process that allows a user of the social 
media website to provide clear and conspicuous no-
tice to any other person or user as required under 
paragraph (1); 
(3) a process to identify, assess, and verify 
whether the activity of any user of the social media 
website is conducted by an automated software pro-
gram or process intended to impersonate or replicate 
human activity online; 
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(4) a process by which the social media provider 
will take reasonable preventative and corrective ac-
tion to mitigate efforts by a user to use an auto-
mated software program or process intended to im-
personate or replicate human activity online without 
disclosure as required under paragraph (1), which 
may include suspension or any other action author-
ized by the Commission; 
(5) a process by which the social media provider 
will remove posts, images, or any other online activ-
ity of a user or profile making use of an automated 
software program or process intended to imper-
sonate or replicate human activity online that is not 
in compliance with the policy under paragraph (1); 
and 
(6) a process that allows a human user of the 
social media website the opportunity to demonstrate 
that the online activity of the user is in compliance 
with the policy required under paragraph (1) prior 
to, or immediately following, any mitigation activity 
described in paragraph (4) or (5). 
(d) RULE OF CONSTRUCTION.—Nothing in this sec-
tion shall be construed to require any social media pro-
vider to permit an automated software program or process 
intended to impersonate or replicate human activity online 
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on a social media website owned or operated by the social 
media provider. 
(e) ENFORCEMENT.— 
(1) UNFAIR
OR
DECEPTIVE
ACTS
OR
PRAC-
TICES.—A violation of a regulation promulgated 
under subsection (b) shall be treated as a violation 
of a rule defining an unfair or deceptive act or prac-
tice prescribed under section 18(a)(1)(B) of the Fed-
eral 
Trade 
Commission 
Act 
(15 
U.S.C. 
57a(a)(1)(B)). 
(2) POWERS OF COMMISSION.— 
(A) IN GENERAL.—Except as provided in 
subparagraph (C), the Commission shall enforce 
this section 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 Federal Trade Commission 
Act (15 U.S.C. 41 et seq.) were incorporated 
into and made a part of this section. 
(B) PRIVILEGES
AND
IMMUNITIES.—Ex-
cept as provided in subparagraph (C), any per-
son who violates subsection (b) 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.). 
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(C) COMMON CARRIERS AND NONPROFIT 
ORGANIZATIONS.—Notwithstanding section 4, 
5(a)(2), or 6 of the Federal Trade Commission 
Act (15 U.S.C. 44, 45(a)(2), 46) or any juris-
dictional limitation of the Commission, the 
Commission shall also enforce this section, in 
the same manner provided in subparagraphs 
(A) and (B) of this paragraph, with respect 
to— 
(i) common carriers subject to the 
Communications Act of 1934 (47 U.S.C. 
151 et seq.) and Acts amendatory thereof 
and supplementary thereto; and 
(ii) organizations not organized to 
carry on business for their own profit or 
that of their members. 
(D) AUTHORITY PRESERVED.—Nothing in 
this section shall be construed to limit the au-
thority of the Commission under any other pro-
vision of law. 
Æ 
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