I 
118TH CONGRESS 
1ST SESSION H. R. 3806 
To ensure that large online platforms are addressing the needs of non- 
English users. 
IN THE HOUSE OF REPRESENTATIVES 
JUNE 5, 2023 
Mr. CA´RDENAS (for himself, Mr. SOTO, Ms. BARRAGA´N, Mr. COSTA, Mr. 
ESPAILLAT, Mr. VARGAS, Mr. GARCI´A of Illinois, and Mr. CASTRO of 
Texas) introduced the following bill; which was referred to the Committee 
on Energy and Commerce, and in addition to the Committee on Foreign 
Affairs, for a period to be subsequently determined by the Speaker, in 
each case for consideration of such provisions as fall within the jurisdic-
tion of the committee concerned 
A BILL 
To ensure that large online platforms are addressing the 
needs of non-English users. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 
(a) SHORT TITLE.—This Act may be cited as the 
‘‘Language-Inclusive Support and Transparency for On-
line Services Act of 2023’’ or the ‘‘LISTOS Act’’. 
(b) TABLE OF CONTENTS.—The table of contents of 
this Act is as follows: 
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Sec. 1. Short title; table of contents. 
Sec. 2. Sense of Congress. 
Sec. 3. Duty to ensure consistent enforcement. 
Sec. 4. Disclosures on staffing and automated processes. 
Sec. 5. Consistent access to tools and documentation. 
Sec. 6. Advisory Group. 
Sec. 7. Enforcement. 
Sec. 8. Regulations. 
Sec. 9. Effective dates. 
Sec. 10. International online communication research activities pilot program. 
Sec. 11. Definitions. 
SEC. 2. SENSE OF CONGRESS. 
It is the sense of Congress that— 
(1) substantial and deliberate investments 
across languages are essential to protect the safety 
of users online and ensure equitable access to digital 
spaces; 
(2) online platforms have historically under-in-
vested in ensuring non-English content moderation 
and automated content detection and filtering proc-
esses keep pace with their English counterparts, pro-
viding little transparency into the efficacy of efforts 
to detect, review, and remove content that violates 
laws or platform policies across languages; 
(3) this difference in enforcement for platforms’ 
existing policies and uneven moderation practices 
across both manual and automated processes has in-
creased the proliferation of illegal and harmful con-
tent across many languages and the deliberate tar-
geting of non-English-speaking communities for 
fraud and harassment; and 
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(4) any reform effort for online platform safety 
must ensure equitable investment across languages 
in order to promote economic opportunity, public 
health, and civil rights. 
SEC. 3. DUTY TO ENSURE CONSISTENT ENFORCEMENT. 
(a) IN GENERAL.—The operator of a covered plat-
form shall provide that processes used by the platform for 
detecting, suppressing, and removing illegal content, or 
content that otherwise violates platform policies, are rea-
sonably consistent for languages in which the covered plat-
form engages in monetization practices. 
(b) CONSIDERATIONS.—Any entity enforcing or pro-
mulgating rules under subsection (a) shall take into con-
sideration factors that may impact the covered platform’s 
ability to enforce its policies with respect to content in a 
given language, including staffing levels and language pro-
ficiency, or the effectiveness of automated systems de-
signed to filter or flag content for additional review. 
(c) RULE OF CONSTRUCTION; LIMITATION ON REGU-
LATION.—Nothing in this section shall be construed to re-
quire, and no regulation issued by the Commission to 
carry out this section may require, that a covered platform 
take any particular action on a specific piece of content 
or class of content. 
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SEC. 4. DISCLOSURES ON STAFFING AND AUTOMATED 
PROCESSES. 
(a) IN GENERAL.—The operator of a covered plat-
form shall, not less than annually, submit to the Commis-
sion and make available to the public, in a machine-read-
able format, a clear and easily comprehensible report on 
any manual and algorithmic content moderation that the 
covered platform engaged in during the relevant period. 
Each such report shall be in compliance with the rules 
established under subsection (b). 
(b) RULES.—The Commission shall, in accordance 
with section 8, establish rules for reports under subsection 
(a). Such rules shall require that a report include the fol-
lowing information: 
(1) CONTENT MODERATION STAFFING.— 
(A) IN
GENERAL.—The number of staff 
employed by the covered platform (whether di-
rectly employed by the platform or contracted 
through a third party) for the purposes of 
manually reviewing content for removal or other 
interventions, in aggregate and broken down 
by— 
(i) the countries in which the employ-
ees are located; 
(ii) the geographic or regional area to 
which the employees are assigned; and 
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(iii) languages spoken by the employ-
ees relevant to their employment and their 
levels of language proficiency. 
(B) STAFF SUPPORT.—A description of the 
training and support provided to content mod-
eration staff, including— 
(i) the training processes and guide-
lines provided; 
(ii) the support services, such as men-
tal health services, available to the em-
ployee; and 
(iii) if training or support services dif-
fer by factors such as geographic region, 
languages spoken, or direct-hire versus 
contracted employees, descriptions and 
breakdowns of such differences. 
(2) AUTOMATED CONTENT DETECTION PROC-
ESSES.—If the covered platform elects to use algo-
rithmic processes to detect content for additional 
manual review or automated moderation, informa-
tion on such processes, including— 
(A) performance metrics that are mon-
itored to ensure consistent behavior for such 
processes across languages and the languages 
that are monitored; and 
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(B) other safeguards in place to ensure 
consistent behavior of such systems across lan-
guages. 
(3) MONETIZATION ACROSS LANGUAGES.—The 
list of languages in which the covered platform en-
gages in monetization practices and the percentage 
breakdown by language of the covered platform’s 
revenue throughout the duration of the relevant re-
porting period. 
(4) IN-LANGUAGE REVIEW.—Of all content that 
is manually reviewed by staff, provide information 
on content that is reviewed in the original language 
used to create the content rather than being subject 
to automated translation before review, including— 
(A) the percentage of content reviewed in 
the original language for each language in 
which the covered platform engages in mone-
tization practices; and 
(B) a description of the policies governing 
whether and to what extent content will be 
manually reviewed in the original language or 
automatically translated prior to manual review. 
(5) TRANSLATION AND REVIEW PROCESSES.— 
With respect to the content review practices of the 
covered platform— 
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(A) the list of languages in which content 
is reviewed without translation; and 
(B) for languages in which automated 
translation is applied prior to manual review, a 
description of— 
(i) the process by which content is 
translated; and 
(ii) the process by which that content 
is reviewed and how, if at all, that process 
differs from the process used to review 
content in the original language. 
(6) CONTENT
MODERATION
OUTCOME
MEAS-
URES.— 
(A) NUMBER OF CONTENT TAKEDOWNS.— 
The number of content takedowns over the rel-
evant reporting period for each language in 
which the covered platform engages in mone-
tization practices. 
(B) RESPONSE
TIME.—The average re-
sponse time to user-initiated takedown or con-
tent review requests over the relevant reporting 
period for each language in which the covered 
platform engages in monetization practices. 
(7) ADDITIONAL
INFORMATION.—Other infor-
mation determined appropriate by the Commission, 
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including additional categories or criteria relevant to 
the information described in paragraphs (1), (2), 
and (4). 
SEC. 5. CONSISTENT ACCESS TO TOOLS AND DOCUMENTA-
TION. 
The operator of a covered platform shall— 
(1) provide that all user tools for reporting con-
tent for review or automated action are accessible 
across all languages in which the covered platform 
offers its service; and 
(2) post all platform policies and other informa-
tion concerning acceptable use of the covered plat-
form in the same manner for all languages in which 
the platform offers its service. 
SEC. 6. ADVISORY GROUP. 
(a) ESTABLISHMENT.—Not later than 360 days after 
the date of enactment of this Act, the Commission shall 
establish a group to be known as the ‘‘Advisory Group 
on Language-Sensitive Technologies’’ (referred to in this 
section as the ‘‘Advisory Group’’). 
(b) DUTIES.— 
(1) IN GENERAL.—The Advisory Group shall 
provide consensus advice and guidance to the Com-
mission on best practices for private enterprises or 
public entities using covered technology that may 
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have different performance outcomes depending on 
the underlying language of the content being ana-
lyzed in order to ensure the nondiscriminatory appli-
cation of such technology. 
(2) COVERED TECHNOLOGY.—For purposes of 
paragraph (1), the term ‘‘covered technology’’ means 
technology used to— 
(A) detect and process input language 
from sources, such as analog text and audio, 
into a machine-readable format, such as speech 
and optical character recognition; 
(B) process language stored in a machine- 
readable format, such as natural language proc-
essing; and 
(C) detect and process images and videos 
into a machine-readable format, or process im-
ages or videos stored in a machine-readable for-
mat. 
(3) MEMBERSHIP.—The Commission shall ap-
point the members of the Advisory Group. In mak-
ing such appointments, the Commission shall provide 
that the membership of the Advisory Group— 
(A) includes different points of view and 
background experience; and 
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(B) includes both Federal employees and 
non-Federal employee stakeholders, including 
representatives of communities most impacted 
by the systemic risks of harmful non-English 
language content and current or former content 
moderators and employees of covered platforms. 
(4) REPORT.—The Commission shall make 
available on its website the findings of the Advisory 
Group with recommendations and best practices as 
reported by the Advisory Group concerning the use 
of covered technology. 
(c) NON-APPLICABILITY
OF
THE FEDERAL ADVI-
SORY COMMITTEE ACT.—Chapter 10 of title 5, United 
States Code, shall not apply to the Advisory Group. 
(d) AUTHORIZATION OF APPROPRIATIONS.—There is 
authorized to be appropriated to the Advisory Group such 
sums as are necessary to carry out the requirements of 
this section. 
SEC. 7. ENFORCEMENT. 
(a) ENFORCEMENT BY THE FEDERAL TRADE COM-
MISSION.— 
(1) UNFAIR
OR
DECEPTIVE
ACTS
OR
PRAC-
TICES.—A violation of section 3, 4, or 5 shall be 
treated as a violation of a rule defining an unfair or 
a deceptive act or practice under section 18(a)(1)(B) 
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of the Federal Trade Commission Act (15 U.S.C. 
57a(a)(1)(B)). 
(2) POWERS OF COMMISSION.— 
(A) IN GENERAL.—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 Federal Trade 
Commission Act (15 U.S.C. 41 et seq.) were in-
corporated into and made a part of this Act. 
(B) PRIVILEGES
AND
IMMUNITIES.—Any 
person who violates section 3, 4, or 5 shall be 
subject to the penalties and entitled to the 
privileges and immunities provided in the Fed-
eral Trade Commission Act (15 U.S.C. 41 et 
seq.). 
(C) AUTHORITY PRESERVED.—Nothing in 
this Act shall be construed to limit the author-
ity of the Federal Trade Commission under any 
other provision of law. 
(b) ENFORCEMENT BY STATES.— 
(1) IN GENERAL.—In any case in which the at-
torney 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 the engage-
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ment of any person subject to section 3 or 5 in a 
practice that violates such section, the attorney gen-
eral of the State may, as parens patriae, bring a 
civil action on behalf of the residents of the State in 
an appropriate district court of the United States— 
(A) to enjoin further violation of such sec-
tion by such person; 
(B) to compel compliance with such sec-
tion; and 
(C) to obtain damages, restitution, or other 
compensation on behalf of such residents. 
(2) SCOPE
OF
JURISDICTION.—The attorney 
general of a State may not bring a civil action under 
this subsection against a person for a violation of 
section 3 or 5 if the Commission would not be able 
to bring an enforcement action against the person 
for such violation under subsection (a) because the 
person is exempt from coverage under the Federal 
Trade Commission Act (15 U.S.C. 41 et seq.). 
(3) RIGHTS
OF
FEDERAL
TRADE
COMMIS-
SION.— 
(A) NOTICE TO FEDERAL TRADE COMMIS-
SION.— 
(i) IN GENERAL.—Except as provided 
in clause (iii), the attorney general of a 
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State shall notify the Commission in writ-
ing that the attorney general intends to 
bring a civil action under paragraph (1) 
before initiating the civil action. 
(ii) CONTENTS.—The notification re-
quired by clause (i) with respect to a civil 
action shall include a copy of the complaint 
to be filed to initiate the civil action. 
(iii) EXCEPTION.—If it is not feasible 
for the attorney general of a State to pro-
vide the notification required by clause (i) 
before initiating a civil action under para-
graph (1), the attorney general shall notify 
the Commission immediately upon insti-
tuting the civil action. 
(B) INTERVENTION
BY
FEDERAL
TRADE 
COMMISSION.—The Commission may— 
(i) intervene in any civil action 
brought by the attorney general of a State 
under paragraph (1); and 
(ii) upon intervening— 
(I) be heard on all matters aris-
ing in the civil action; and 
(II) file petitions for appeal. 
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(4) INVESTIGATORY POWERS.—Nothing in this 
subsection may be construed to prevent the attorney 
general of a State from exercising the powers con-
ferred on the attorney general by the laws of the 
State to conduct investigations, to administer oaths 
or affirmations, or to compel the attendance of wit-
nesses or the production of documentary or other 
evidence. 
(5) PREEMPTIVE ACTION BY FEDERAL TRADE 
COMMISSION.—If the Commission institutes a civil 
action or an administrative action with respect to a 
violation of section 3 or 5, the attorney general of 
a State may not, during the pendency of such ac-
tion, bring a civil action under paragraph (1) 
against any defendant named in the complaint of the 
Commission for the violation with respect to which 
the Commission instituted such action. 
(6) VENUE; SERVICE OF PROCESS.— 
(A) VENUE.—Any action brought under 
paragraph (1) may be brought in— 
(i) the district court of the United 
States that meets applicable requirements 
relating to venue under section 1391 of 
title 28, United States Code; or 
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(ii) another court of competent juris-
diction. 
(B) SERVICE OF PROCESS.—In an action 
brought under paragraph (1), process may be 
served in any district in which the defendant— 
(i) is an inhabitant; or 
(ii) may be found. 
(7) ACTIONS BY OTHER STATE OFFICIALS.— 
(A) IN GENERAL.—In addition to civil ac-
tions brought by attorneys general under para-
graph (1), any other consumer protection offi-
cer of a State who is authorized by the State 
to do so may bring a civil action under para-
graph (1), subject to the same requirements 
and limitations that apply under this subsection 
to civil actions brought by attorneys general. 
(B) SAVINGS PROVISION.—Nothing in this 
subsection may be construed to prohibit an au-
thorized official of a State from initiating or 
continuing any proceeding in a court of the 
State for a violation of any civil or criminal law 
of the State. 
SEC. 8. REGULATIONS. 
(a) IN GENERAL.—The Commission shall, pursuant 
to section 553 of title 5, United States Code promulgate— 
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(1) regulations to carry out the provisions of 
sections 3 and 4; and 
(2) such other regulations as the Commission 
determines necessary to carry out the provisions of 
this Act. 
(b) TIMING.—The Commission shall begin the rule-
making process for promulgating regulations to carry out 
the provisions of sections 3 and 4 not later than 120 days 
after the date of enactment of this Act. 
SEC. 9. EFFECTIVE DATES. 
The requirements of sections 3 and 4 shall take effect 
120 days after the promulgation by the Commission of 
regulations to carry out such sections, and the require-
ments of section 5 shall take effect 120 days after the 
date of enactment of this Act. 
SEC. 10. INTERNATIONAL ONLINE COMMUNICATION RE-
SEARCH ACTIVITIES PILOT PROGRAM. 
(a) IN GENERAL.—The Administrator of the United 
States Agency for International Development (referred to 
in this section as ‘‘USAID’’) shall, in coordination with 
the Secretary of State, evaluate and prioritize support to 
select countries, from among the countries eligible for as-
sistance from USAID, for research and programming, 
such as tool development, civil society capacity building, 
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and other activities, aimed at addressing the prevalence 
and impacts of non-English online communication that— 
(1) promotes hate, harassment, or abuse of ra-
cial, ethnic, gender, religious, or sexual minorities; 
(2) incites violence; or 
(3) is false, misleading, or intended to harm— 
(A) targeted individuals; 
(B) public health; 
(C) democratic integrity; 
(D) civil rights; 
(E) humanitarian response; 
(F) economic integrity; or 
(G) public safety. 
(b) AUTHORIZED ACTIVITIES.— 
(1) IN GENERAL.—In carrying out subsection 
(a), the Administrator may— 
(A) build lexicons of terms and phrases 
commonly used in communications described in 
subsection (a); 
(B) identify and improve the under-
standing of how real or falsified text, videos, or 
imagery are being used to spread hate, abuse, 
scams, fraud, and false or misleading informa-
tion in non-English languages; 
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(C) strengthen the capacities of civil soci-
ety, local private sector, academia, and govern-
ments to develop and implement activities fo-
cused on preventing, mitigating, or responding 
to non-English online communication that is 
hateful, abusive, fraudulent, false, or mis-
leading; and 
(D) improve awareness and the abilities of 
the civil society and governments of countries 
that receive support under subsection (a) to dis-
cover and interpret non-English online commu-
nication that is hateful, abusive, fraudulent, 
false, or misleading that— 
(i) is perpetuated or sponsored by ma-
lign actors or extremist organizations; 
(ii) is influenced, regulated, or mod-
erated by governments, social media com-
panies, and internet service providers; 
(iii) is perceived by, or impacts the 
target or other consumers of online com-
munications or specific communities; and 
(iv) leads to economic, mental, phys-
ical, or other harms at the individual, 
household, organization, or community lev-
els. 
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(2) LOCALLY LED REQUIREMENT.—Recipients 
of not less than 50 percent of the amounts appro-
priated pursuant to subsection (d) shall substantially 
engage with organizations led by individuals who— 
(A) are living in a place from which com-
munication described in subsection (a) origi-
nates or to which such communication is tar-
geted; 
(B) are familiar with the cultural context 
in such a place; and 
(C) have experience researching or working 
to address such digital or online communica-
tion. 
(3) INTERSECTIONALITY
REQUIREMENT.—Re-
search funded by amounts appropriated pursuant to 
subsection (d) shall focus on better understanding 
how online communication that is hateful or abusive, 
incites violence, violates relevant data privacy laws, 
divulges personal information, or involves false or 
misleading information has a disparate impact on 
people who are members of racial, ethnic, gender, re-
ligious, or sexual minorities in their communities, in-
cluding women, indigenous populations, and people 
who identify as lesbian, gay, bisexual, transgender, 
queer, intersex, or as another sexual minority. 
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(c) REPORTING REQUIREMENT.— 
(1) IN
GENERAL.—Not later than 120 days 
after all of the programs receiving funding appro-
priated pursuant to subsection (d) are terminated, 
the Administrator of the United States Agency for 
International Development shall provide a briefing, 
and submit a report, to the Committee on Foreign 
Relations of the Senate, the Committee on Com-
merce, Science, and Transportation of the Senate, 
the Committee on Foreign Affairs of the House of 
Representatives, and the Committee on Energy and 
Commerce of the House of Representatives describ-
ing the findings of the research conducted by such 
programs and the outcomes of the activities carried 
out by such programs. 
(2) PUBLIC
AVAILABILITY.—The report re-
quired under paragraph (1) shall be made publicly 
available on a text-based and searchable internet 
website. 
(d) AUTHORIZATION OF APPROPRIATIONS.—There is 
authorized to be appropriated $3,000,000 in each of the 
fiscal years 2024 and 2025 to carry out this section. 
SEC. 11. DEFINITIONS. 
In this Act: 
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(1) COMMISSION.—The term ‘‘Commission’’ 
means the Federal Trade Commission. 
(2) COVERED PLATFORM.—The term ‘‘covered 
platform’’ means a website, internet application, or 
mobile internet application that— 
(A) allows users to create, share, view, or 
search for and access user-generated or third- 
party content, including a social media plat-
form, online search engine, and a service with 
direct or group messaging capabilities; and 
(B) has had at least 10,000,000 monthly 
active users for 3 or more of the past 12 
months within the United States. 
(3) MONETIZATION
PRACTICES.—The term 
‘‘monetization 
practices’’ 
means 
any 
avenues 
through which a covered platform might garner rev-
enue, including accepting monetary, in-kind, or other 
compensation— 
(A) in exchange for displaying or ampli-
fying specific content; or 
(B) from businesses or other entities to 
utilize the covered platform as a means to find, 
charge, or communicate with customers. 
(4) PLATFORM POLICIES.—The term ‘‘platform 
policies’’ means any terms, conditions, and clauses, 
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regardless of their name or form, which govern the 
contractual relationship between a covered platform 
and a user, or any community guidelines that a cov-
ered platform maintains that govern conduct on the 
covered platform. 
Æ 
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