[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1671 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 1671
To establish a new Federal body to provide reasonable oversight and
regulation of digital platforms.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
May 18, 2023
Mr. Bennet (for himself and Mr. Welch) introduced the following bill;
which was read twice and referred to the Committee on Commerce,
Science, and Transportation
_______________________________________________________________________
A BILL
To establish a new Federal body to provide reasonable oversight and
regulation of digital platforms.
Be it enacted by the Senate and House of Representatives 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 ``Digital Platform
Commission Act of 2023''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Findings; sense of Congress.
Sec. 3. Definitions.
Sec. 4. Establishment of Federal Digital Platform Commission.
Sec. 5. Jurisdiction.
Sec. 6. Organization and general powers.
Sec. 7. Organization and functioning of the Commission.
Sec. 8. Code Council.
Sec. 9. Rulemaking authority, requirements, and considerations.
Sec. 10. Systemically important digital platforms.
Sec. 11. Inter-agency support.
Sec. 12. Petitions.
Sec. 13. Research.
Sec. 14. Investigative authority.
Sec. 15. HSR filings.
Sec. 16. Enforcement by private persons and governmental entities.
Sec. 17. Enforcement by Commission and Department of Justice.
Sec. 18. Proceedings to enjoin, set aside, annul, or suspend orders of
the Commission.
Sec. 19. Report to Congress.
Sec. 20. Authorization of appropriations.
SEC. 2. FINDINGS; SENSE OF CONGRESS.
(a) Findings.--Congress finds the following:
(1) In the United States and around the world, digital
platforms and online services play a central role in modern
life by providing new tools for communication, commerce,
entrepreneurship, and debate.
(2) The United States takes pride in the success of its
technology sector, which leads the world in innovation and
dynamism, provides valuable services to the people of the
United States, and supports thousands of good-paying jobs in
the United States.
(3) In recent years, a few digital platforms have
benefitted from the combination of economies of scale, network
effects, and unique characteristics of the digital marketplace
to achieve vast power over the economy, society, and democracy
of the United States.
(4) The last time Congress enacted legislation to
meaningfully regulate the technology or telecommunications
sector was the Telecommunications Act of 1996 (Public Law 104-
104; 110 Stat 56.), years before many of today's largest
digital platforms even existed.
(5) Digital platforms remain largely unregulated and are
left to write their own rules without meaningful democratic
input or accountability.
(6) The unregulated policies and operations of some of the
most powerful digital platforms have at times produced
demonstrable harm, including--
(A) undercutting small businesses;
(B) abetting the collapse of trusted local
journalism;
(C) enabling addiction and other harms to the
mental health of the people of the United States,
especially minors;
(D) disseminating disinformation and hate speech;
(E) undermining privacy and monetizing the personal
data of individuals in the United States without their
informed consent;
(F) in some cases, radicalizing individuals to
violence; and
(G) perpetuating discriminatory treatment of
communities of color and underserved populations.
(7) The development of increasingly powerful algorithmic
processes for communication, research, content generation, and
decision making, such as generative artificial intelligence,
threatens to magnify the harms identified in paragraph (6)
without mechanisms for proper oversight and regulation to
protect the public interest.
(8) The failure of the United States Government to
establish appropriate regulations for digital platforms cedes
to foreign competitors the historic role played by the United
States in setting reasonable rules of the road and technical
standards for emerging technologies.
(9) Throughout the history of the United States, Congress
has often responded to the emergence of powerful and complex
new sectors of the economy by empowering sector-specific expert
Federal regulators.
(10) Throughout the history of the United States, the
Federal Government has established reasonable regulation,
consistent with the First Amendment to the Constitution of the
United States, to promote a diversity of viewpoints, support
civic engagement, and preserve the right of citizens to
communicate with each other, which is foundational to self-
governance.
(11) The unique power and complexity of several digital
platforms, combined with the absence of modern Federal
regulations, reinforces the need for a new Federal body
equipped with the authorities, tools, and expertise to regulate
digital platforms to ensure their operations remain consistent,
where appropriate, with the public interest.
(b) Sense of Congress.--It is the sense of Congress that the
Federal agency established under this Act should--
(1) develop appropriate regulations and policies grounded
in the common law principles of the duty of care and the duty
to deal, insofar as those principles are relevant and
practical; and
(2) adopt, where relevant and practical, a risk management
regulatory approach that prioritizes anticipating, limiting,
and balancing against other interests the broad economic,
societal, and political risks of harm posed by the activities
and operations of a person or class of persons.
SEC. 3. DEFINITIONS.
In this Act:
(1) Algorithmic process.--The term ``algorithmic process''
means a computational process, including one derived from
machine learning or other artificial intelligence techniques,
that processes personal information or other data for the
purpose of--
(A) making a decision;
(B) generating content; or
(C) determining the order or manner in which a set
of information is provided, recommended to, or withheld
from a user of a digital platform, including--
(i) the provision of commercial content;
(ii) the display of social media posts;
(iii) the display of search results or
rankings; or
(iv) any other method of automated decision
making, content selection, or content
amplification.
(2) Code council; council.--The term ``Code Council'' or
``Council'' means the Code Council established under section
8(a).
(3) Commission.--The term ``Commission'' means the Federal
Digital Platform Commission established under section 4.
(4) Digital platform.--
(A) In general.--The term ``digital platform''
means an online service that serves as an intermediary
facilitating interactions--
(i) between users; and
(ii) between users and--
(I) entities offering goods and
services through the online service; or
(II) the online service with
respect to goods and services offered
directly by the online service,
including content primarily generated
by algorithmic processes.
(B) De minimis exception.--
(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 online
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 offered 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
considered a digital platform.
(C) Small digital platform businesses.--
(i) In general.--The term ``digital
platform'' does not include a small digital
platform business, except as provided in clause
(iii).
(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 regulation define the
term ``small digital platform business'' for
purposes of clause (i).
(iii) Non-applicability to systemically
important digital platforms.--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 individual, means a spouse,
parent, sibling, or child of the individual.
(6) Online service.--The term ``online service'' includes a
consumer-facing website, back-end online-support system, or
other facilitator of online transactions and activities.
(7) Systemically important digital platform.--The term
``systemically important digital platform'' means a digital
platform that the Commission 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 commission 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 promote to all the people of the United
States, so far as possible, the following:
(1) Access to digital platforms for civic engagement 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.
(4) Prevention of harmful levels of concentration of
private power over critical digital infrastructure.
(5) A robust and competitive marketplace of ideas with a
diversity of views at the local, State, and national levels.
(6) Protection for consumers, including those in
communities of color and underserved populations, 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, or any amendment
made by this Act, shall be construed to modify, impair, or supersede
the applicability 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 Important Digital
Platforms.--Not later than 180 days after the earliest date as of which
not fewer than 3 Commissioners have been confirmed, the Commission
shall determine whether to promulgate rules, with input from the Code
Council as appropriate, to establish for systemically important 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--
(A) for recommendation systems and other
algorithmic processes of systemically important digital
platforms to ensure that the algorithmic processes are
fair, transparent, and without harmful, abusive,
anticompetitive, or deceptive bias; and
(B) for auditing, accountability, and
explainability of algorithmic processes;
(3) transparency requirements for terms of service,
including content moderation policies;
(4) requirements for regular public risk assessments 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,
including harms arising from algorithmic processes;
(5) transparency and disclosure obligations to enable--
(A) oversight by the Commission;
(B) third-party audits to ensure the accuracy 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 ensure
accessibility to individuals with a disability, as defined in
section 3 of the Americans with Disabilities Act of 1990 (42
U.S.C. 12102), including to provide the ability for an
individual who has a hearing impairment, speech impairment, or
vision impairment to engage with systemically important digital
platforms in a manner that is functionally equivalent to the
ability of an individual who does not have a hearing
impairment, speech impairment, or vision impairment to engage
with systemically important digital platforms.
(c) Specific Codes and Standards.--
(1) Age-appropriate design code.--
(A) Establishment.--Not later than 180 days after
the earliest date as of which not fewer than 3
Commissioners have been confirmed, the Commission
shall, with input from the Code Council as appropriate,
establish by rule an age-appropriate design code.
(B) Contents.--The age-appropriate design code
established under subparagraph (A) shall include--
(i) requirements governing the design and
data privacy standards for the entities that
the Commission designates as being subject to
the code; and
(ii) prohibited design features and data
practices for the entities described in clause
(i).
(2) Age verification standards.--Not later than 180 days
after the earliest date as of which not fewer than 3
Commissioners have been confirmed, the Commission shall, with
input from the Code Council as appropriate, begin the process
of developing age verification standards.
(3) Procedure.--
(A) Public review; commission examination and
vote.--In establishing an age-appropriate design code
and age verification standards under paragraphs (1) and
(2), the Commission shall first develop a proposed code
and standards, respectively, and comply with the
requirements under paragraph (4) of section 8(e) in the
same manner as with respect to a proposed behavioral
code, technical standard, or other policy submitted to
the Commission by the Code Council under paragraph (3)
of that section.
(B) Updates.--Paragraph (5) of section 8(e) shall
apply to the age-appropriate design code and age
verification standards established under paragraphs (1)
and (2) of this subsection in the same manner as it
applies to a behavioral code, technical standard, or
other policy established by rule under paragraph (4) of
that section.
(d) Forbearance.--
(1) In general.--The Commission may forbear from exercising
jurisdiction over a digital platform or class of digital
platforms based on size, revenue, market share, or other
attributes the Commission determines appropriate.
(2) Flexibility.--The Commission may reassert jurisdiction
over a digital platform or class of 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 composed 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 Commission shall be a
citizen of the United States.
(2) Conflicts of interest.--
(A) In general.--Subject to subparagraphs (B) and
(C), no member of the Commission or person employed by
the Commission, and no immediate family member thereof,
shall--
(i) be financially interested in--
(I) any person significantly
regulated 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 other
securities of, any person or third party
described in clause (i).
(B) Significant interest.--The prohibitions under
subparagraph (A) shall apply only to financial
interests in any company or other entity that has a
significant interest in activities 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 determines that the financial
interests of a person that are involved in a
particular case are minimal.
(ii) No waiver for commissioners.--The
waiver authority under clause (i) shall not
apply with respect to members of the
Commission.
(iii) Publication.--If the Commission
exercises the waiver authority under clause
(i), the Commission shall publish notice of
that action in the Federal Register.
(3) Determination of significant interest.--The Commission,
in determining for purposes of paragraph (2) whether a company
or other entity has a significant interest in activities that
are subject to regulation by the Commission, shall consider,
without excluding other relevant factors--
(A) the revenues, investments, profits, and
managerial efforts directed to the related activities
of the company or other entity, as compared 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 company or other
entity;
(C) the degree to which the economic interests of
the company or other entity may be affected by any
action of the Commission; and
(D) the perceptions held by the public regarding
the business activities of the company or other entity.
(4) No other employment.--A member of the Commission may
not engage in any other business, vocation, profession, or
employment while serving as a member of the Commission.
(5) Political parties.--The maximum number 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 expiration of
the fixed term of office of the commissioner until a
successor is appointed and has been confirmed and taken
the oath of office.
(2) Filling of vacancies.--Any person chosen to fill a
vacancy in the Commission--
(A) shall be appointed for the unexpired term of
the commissioner that the person succeeds;
(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 appointed and has been
confirmed and taken the oath of office; and
(C) may not continue to serve after the expiration
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 commission.--Except as
provided in section 9(e) (relating to repeal of prior rules),
no vacancy in the Commission shall impair the right of the
remaining commissioners to exercise all the powers of the
Commission.
(d) Salary of Commissioners.--
(1) In general.--Each Commissioner shall receive 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 Securities and Exchange Commission.
(e) Principal Office.--
(1) General sessions.--The principal office of the
Commission shall be in the District of Columbia, where its
general sessions shall be held.
(2) Special sessions.--Whenever the convenience of the
public or of the parties may be promoted 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, subject to the civil
service laws and the Classification Act of 1949, as amended,
appoint such officers, engineers, accountants, attorneys,
inspectors, examiners, and other employees as are necessary in
the exercise of its functions.
(2) Assistants.--
(A) Professional assistants; secretary.--Without
regard to the civil-service laws, but subject to the
Classification Act of 1949, each commissioner may
appoint professional 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 subparagraph (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
perform such duties as the Chair shall direct.
(3) Use of volunteers to monitor violations relating to
online services.--
(A) Recruitment and training of volunteers.--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
engineer, computer scientist, data scientist,
or other individual with skills or expertise
relevant to the responsibilities of the
Commission; 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--
(i) part III of title 5, United States
Code; or
(ii) section 1342 of title 31, United
States Code.
(C) No federal employment.--Any individual who
provides services under this paragraph or who provides
goods in connection with such services shall not be
considered a Federal or special government employee.
(D) Broad representation.--The Commission, 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 Commission may establish
rules of conduct and other regulations governing the
service of individuals under this paragraph.
(F) Regulations for personnel practices.--The
Commission may prescribe regulations to select,
oversee, sanction, and dismiss any individual
authorized under this paragraph to be employed by the
Commission.
(g) Expenditures.--
(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 execution of the functions vested in the Commission and as
may be appropriated for by Congress in accordance with the
authorizations of appropriations under section 20.
(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 Commission 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 accept, hold, administer,
and use unconditional gifts, donations, and bequests of
real, personal, and other property (including voluntary
and uncompensated 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 acceptance
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 Commission shall
constitute a quorum thereof.
(2) Seal.--The Commission shall have an official seal which
shall be judicially noticed.
(i) Duties and Powers.--The Commission may perform any and all
acts, including collection of any information 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 ``Paperwork 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 conduct its proceedings
in such manner as will best conduce 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 person or by attorney.
(4) Record of proceedings.--
(A) In general.--Subject to subparagraph (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 recognizing the
occasional need for private convening and
deliberation.
(B) Defense information.--The Commission may
withhold publication of records or proceedings
containing secret information affecting the national
defense.
(k) Record of Reports.--All reports of investigations 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 licensee that may have been complained of.
(l) Publication of Reports; Admissibility as Evidence.--The
Commission shall provide for the publication of its reports and
decisions in such form and manner 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 of the several
States without any further proof or authentication thereof.
(m) Compensation of Appointees.--Rates of compensation of persons
appointed under this section shall be subject to the reduction
applicable to officers and employees of the Federal Government
generally.
(n) Memoranda of Understanding.--The Commission shall enter into
memoranda of understanding with the Federal Communications Commission,
the Federal Trade Commission, and the Department of Justice to ensure,
to the greatest extent possible, coordination, collaboration, and the
effective use of Federal resources concerning areas of overlapping
jurisdiction.
SEC. 7. ORGANIZATION AND FUNCTIONING OF THE COMMISSION.
(a) Chair; Duties; Vacancy.--
(1) In general.--The member of the Commission 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 matters
relating to legislation and legislative reports, except
that any commissioner may present the commissioner's
own or minority views or supplemental reports;
(C) represent the Commission in all matters
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 Commission.
(3) Vacancy.--In the case of a vacancy in the office of the
Chair of the Commission, or the absence or inability of the
Chair to serve, the Commission may temporarily designate a
member of the Commission to act as Chair until the cause or
circumstance 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--
(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 extent
practicable, shall organize the bureaus and other divisions of
the Commission to--
(A) promote collaboration and cross-cutting subject
matter and technical expertise; and
(B) avoid organization silos.
(3) Personnel.--Each bureau established under paragraph
(1)(A) shall include such legal, engineering, 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 professional background in computer science, data
science, application development, technology policy, and other
areas the Commission may determine necessary to perform its
functions.
(c) Delegation of Functions; Exceptions to Initial Orders; Force,
Effect, and Enforcement of Orders; Administrative and Judicial Review;
Qualifications and Compensation of Delegates; Assignment of Cases;
Separation of Review and Investigative or Prosecuting Functions;
Secretary; 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 commissioners, an individual
commissioner, an employee board, or an individual
employee, including functions with respect to hearing,
determining, ordering, certifying, reporting, or
otherwise acting as to any work, business, or matter;
except that in delegating review functions to employees
in cases of adjudication (as defined in section 551 of
title 5, United States Code), the delegation in any
such case may be made only to an employee board
consisting of 2 or more employees 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 majority 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 paragraph (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 manner, 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 application 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, decision, report, or action made or taken
pursuant to any delegation under paragraph (1).
(4) Review.--
(A) In general.--In passing upon an application 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 application for
review filed under paragraph (3)(A) shall rely on
questions of fact or law upon which the panel of
commissioners, individual commissioner, employee board,
or individual employee has been afforded no opportunity
to pass.
(5) Grant of application.--If the Commission 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, decision,
report, or action.
(6) Application required for judicial review.--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 action made or taken pursuant to a delegation under
paragraph (1).
(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 adjudication (as defined in the
Administrative Procedure Act)--
(i) shall be qualified, by reason of their
training, experience, and competence, to
perform such review functions; and
(ii) shall perform no duties inconsistent
with such review functions.
(B) Compensation.--An employee described 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 actions are to be reviewed.
(C) Separation.--In the performance of review
functions described in subparagraph (A), employees
described in that subparagraph--
(i) shall be assigned to cases in rotation
so far as practicable; and
(ii) shall not be responsible to or subject
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 commissioner, 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 Commission with the
objective of rendering a final decision in a timely fashion.
(e) Managing Director.--
(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 establish a Code Council
that shall develop proposed voluntary or enforceable behavioral codes,
technical standards, or other policies for digital platforms through
the code process under subsection (e), including with respect to
transparency and accountability for algorithmic processes.
(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 representatives of systemically
important digital platforms or associations that
include systemically important digital platforms;
(B) 6 shall be representatives of nonprofit public
interest groups, academics, and other experts not
affiliated with commercial enterprises, with
demonstrated expertise in technology policy, law,
consumer protection, privacy, competition,
disinformation, or another area the Chair determines
relevant; and
(C) 6 shall be technical experts in engineering,
application development, computer science, data
science, machine learning, communications, media
studies, and any other discipline 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 Council 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.
(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 described in
subparagraph (A) of subsection (b)(1); and
(B) one of whom shall be a member described in
subparagraph (B) of subsection (b)(1).
(2) Annual rotation.--The Chair or Vice Chair for a
calendar year shall be a member described 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 council vote.--The
Commission may initiate the process described in paragraph (1)
if--
(A) the Commission receives a petition from the
public, including from a digital platform or an
association of digital platforms; or
(B) the Council votes to initiate the process.
(3) Council examination and vote.--If the process described
in paragraph (1) is initiated, the Council--
(A) shall consider and develop, if appropriate, a
proposed behavioral code, technical standard, or other
policy for digital platforms or a class of digital
platforms;
(B) in considering and developing a proposed code,
standard, or policy under subparagraph (A), shall--
(i) allow for submission of feedback by any
interested party; and
(ii) make available to the public a factual
record, developed during the consideration 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 process is
initiated, shall vote on whether to submit a
recommendation for the proposed code, standard, or
policy to the Commission; and
(D) may submit minority views along with a
recommendation under subparagraph (C), as appropriate.
(4) Public review; commission examination and vote.--Upon
receipt of a recommendation for a proposed behavioral code,
technical standard, or other policy from the Council under
paragraph (3), the Commission shall--
(A) allow for submission of comments on the
proposed code, standard, or policy by any interested
party for a period of not fewer than 45 days and not
more than 90 days, and publicly disclose any comments
received;
(B) examine the proposed code, standard, or policy,
along with comments received under subparagraph (A);
(C) determine whether to adopt, reject, or adopt
with modifications the proposed code, standard, or
policy;
(D) provide a public rationale for the
determination under subparagraph (C); and
(E) promulgate rules to carry out the determination
under subparagraph (C) in accordance with section 553
of title 5, United States Code.
(5) Updates.--Not less frequently than once every 5 years,
the Commission shall review and update, 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 subparagraphs (B) and
(C), no member of the Council other than a member
appointed under subsection (b)(1)(A) shall--
(i) be financially interested in any
company or other entity engaged in the business
of providing online services;
(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 company
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 prohibitions under
subparagraph (A) shall apply only to financial
interests in any company or other entity that has a
significant interest in activities 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 are involved in a particular case
are minimal.
(ii) Publication.--If the Commission
exercises the waiver authority under clause
(i), the Commission shall publish notice of
that action in the Federal Register.
(3) Determination of significant interest.--The Commission,
in determining for purposes of paragraph (2) whether a company
or other entity has a significant interest in activities that
are subject to regulation by the Commission, shall consider,
without excluding other relevant factors--
(A) the revenues, investments, profits, and
managerial efforts directed to the related activities
of the company or other entity, as compared 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 company or other
entity;
(C) the degree to which the economic interests of
the company or other entity may be affected by any
action of the Commission; and
(D) the perceptions held by the public regarding
the business activities of the company or other entity.
(g) Rule of Construction.--Nothing in this section shall be
construed to authorize the Council to promulgate 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 Authority.--The Commission
may--
(1) designate systemically important digital platforms in
accordance with this section; and
(2) promulgate rules specific to systemically important
digital platforms, consistent with the purposes of the
Commission under section 4(b).
(b) Mandatory Criteria.--The Commission shall designate a digital
platform a systemically important digital 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 interstate or
international level, as opposed to the intrastate 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 section 553 of title 5, United States Code,
which may include--
(A) the ability of the platform to significantly
shape the national dissemination of news;
(B) the ability of the platform to cause a person
significant, immediate, and demonstrable economic,
social, or political harm by exclusion from the
platform;
(C) the market power of the platform;
(D) the number of unique daily users of the
platform; and
(E) the dependence of business users, especially
small business users (including entrepreneurs from
communities of color and underserved populations), on
the platform to reach customers.
(c) Annual and Other Reports.--
(1) Authority to require reports.--The Commission may--
(A) require annual reports from systemically
important digital platforms subject to this Act, and
from persons directly or indirectly controlling or
controlled by, or under direct or indirect control
with, any such platform;
(B) prescribe the content expected in such reports;
(C) prescribe the manner in which such reports
shall be made; and
(D) require from such persons specific answers to
all questions upon which the Commission 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
(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 Commission.
(B) Failure to meet deadline.--If a person subject
to this subsection fails to make and file an annual
report within the time specified under subparagraph
(A), or within the time extended by the Commission, for
making and filing the report, or fails to make specific
answer to any question authorized by this subsection
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 default;
and
(ii) an amount determined appropriate by
the Commission for each subsequent day that the
person continues to be in default with respect
thereto, which may not exceed 1 percent of the
total global revenue of the person during the
preceding year.
SEC. 11. INTER-AGENCY SUPPORT.
(a) Expert Support.--Upon request from any other Federal agency for
expertise, technical assistance, or other support from the Commission,
the Commission shall provide that support.
(b) Required Consultation by Other Federal Agencies.--Any Federal
agency, including the Federal Trade Commission and the Antitrust
Division of the Department of Justice, engaged in investigation,
regulation, or oversight with respect to the impact of digital
platforms on consumer protection, competition, civic engagement, or
democratic values and institutions shall consult with the Commission in
carrying out that investigation, regulation, or oversight.
(c) Required Consultation With Other Federal Agencies.--The
Commission, in carrying out investigation, regulation, or oversight
with respect to the impact of digital platforms on consumer protection,
competition, civic engagement, or democratic values and institutions,
shall consult with each other Federal agency, including the Federal
Trade Commission and the Antitrust Division of the Department of
Justice, that is engaged in investigation, regulation, or oversight
with respect to the impact of digital platforms on consumer protection,
competition, civic engagement, or democratic values and institutions.
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 enforcement of a rule
promulgated under this Act, including a behavioral code
of conduct, technical 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) available 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 petition, 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 subparagraph (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 Forbearance.--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 conduct internal research, and collaborate with
outside academics and experts, as appropriate, to further the purposes
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 research consistent with the purposes of the
Commission 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 disinterested 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 information of
any user of the digital platform is publicly available; and
(2) making every effort to--
(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 digital platform.
SEC. 14. INVESTIGATIVE AUTHORITY.
(a) In General.--The Commission may inquire into the management of
the business of digital platforms subject to this Act, and shall keep
itself informed as to the manner and method in which that management is
conducted 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 persons 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. HSR FILINGS.
Section 7A of the Clayton Act (15 U.S.C. 18a) is amended by adding
at the end the following:
``(l)(1) In this subsection--
``(A) the terms `Commission' and `systemically important
digital platform' have the meanings given the terms in section
3 of the Digital Platform Commission Act of 2023; and
``(B) the term `covered acquisition' means an acquisition--
``(i) subject to this section; and
``(ii) in which the acquiring person or the person
whose voting securities or assets are being acquired is
a systemically important digital platform.
``(2) Any notification required under subsection (a) for a covered
acquisition shall be submitted to the Commission.
``(3) The Commission may request the submission of additional
information or documentary material relevant to a covered acquisition.
``(4) The Commission may submit a recommendation to the Federal
Trade Commission and the Assistant Attorney General on whether the
covered acquisition violates any of the purposes of the Commission
under section 4(b) of the Digital Platform Commission Act of 2023.
``(5) The Federal Trade Commission and the Assistant Attorney
General--
``(A) shall cooperate with the Commission in determining
whether a covered acquisition, if consummated, would violate
the antitrust laws or the purposes of the Commission under
section 4(b) of the Digital Platform Commission Act of 2023;
``(B) may use the recommendation of the Commission as a
basis for rejecting the covered acquisition, or for imposing
additional requirements to consummate the acquisition, even if
the covered acquisition does not violate the antitrust laws but
violates other purposes of the Commission under section 4(b) of
the Digital Platform Commission Act of 2023; and
``(C) in making a determination described in subparagraphs
(A), shall give substantial weight to the recommendation of the
Commission.''.
SEC. 16. ENFORCEMENT BY PRIVATE PERSONS AND GOVERNMENTAL ENTITIES.
(a) Recovery of Damages.--Any person claiming to be damaged by any
digital platform subject to this Act may--
(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 competent 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, complaining 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 complaint 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 injury 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 investigating 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 because 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, classification, regulation, or
practice, issue an order concluding the investigation
not later than 180 days after the date on which the
complaint was filed.
(B) Final order.--Any order concluding an
investigation under subparagraph (A) shall be a final
order and may be appealed under section 18.
(3) Orders for payment of money.--If, after hearing on a
complaint under this paragraph, the Commission determines that
any party complainant 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 before a day named.
(c) Enforcement by State Attorneys General.--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 enforcing the provisions of this Act, the
act, omission, or failure of any officer, agent, or other person acting
for or employed 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. 17. ENFORCEMENT BY COMMISSION AND DEPARTMENT OF JUSTICE.
(a) Orders.--
(1) Administrative order.--If the Commission believes that
a person has violated or will violate this Act, the Commission
may issue and cause to be served on the person an order
requiring the person, as applicable--
(A) to cease and desist, or refrain, from the
violation; or
(B) to pay restitution to any victim of the
violation.
(2) Civil action to enforce order.--The Commission or the
Attorney General may bring a civil action in an appropriate
district court of the United States to enforce an order issued
under paragraph (1).
(b) Civil Penalty.--
(1) In general.--Any digital platform that knowingly
violates this Act shall be liable to the United States for a
civil penalty.
(2) Separate offenses.--Each distinct violation described
in paragraph (1) shall be a separate offense, and in case of
continuing violation each day shall be deemed a separate
offense.
(3) Deterrence.--The Commission shall establish a civil
penalty for a violation of this Act in an amount that the
Commission determines appropriate to deter future violations of
this Act.
(4) Annual cap.--The total amount of civil penalties
imposed on a digital platform during a year under paragraph (1)
may not exceed 15 percent of the total global revenue of the
digital platform during the preceding year.
SEC. 18. 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 person who is aggrieved or whose
interests are adversely affected 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; Jurisdiction; Temporary
Orders.--
(1) Filing notice of appeal.--An appeal described 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--
(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 proceedings and
of the questions determined therein; and
(B) shall have power, by order, directed to the
Commission or any other party to the appeal, 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 paragraph (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
(ii) the restoration of a position or
status terminated or adversely affected by the
order appealed from; and
(B) shall, unless otherwise ordered by the court,
be effective pending hearing and determination of the
appeal and compliance by the Commission with the final
judgment of the court rendered in the appeal.
(c) Notice to Interested Parties; Filing of Record.--
(1) Notice to interested parties.--Not later than 5 days
after filing a notice of appeal under subsection (b), the
appellant shall provide, to each person shown by the records of
the Commission to be interested in the appeal, notice of--
(A) the filing; and
(B) the pendency of the appeal.
(2) Filing of record.--The Commission shall file with the
court the record upon which the order complained of was
entered, as provided in section 2112 of title 28, United States
Code.
(d) Intervention.--
(1) Right to intervene.--Not later than 30 days after the
filing of an appeal described in subsection (a), any interested
party may intervene and participate in the proceedings had upon
the appeal by filing with the court--
(A) a notice of intention to intervene and a
verified statement showing the nature of the interest
of the person; and
(B) proof of service of true copies of the notice
and statement described in subparagraph (A) upon--
(i) the appellant; and
(ii) the Commission.
(2) Interested party.--For purposes of paragraph (1), any
person who would be aggrieved or whose interest would be
adversely affected by a reversal or modification of the order
of the Commission complained of shall be considered an
interested party.
(e) Record and Briefs.--The record and briefs upon which an appeal
described in subsection (a) shall be heard and determined by the court
shall contain such information and material, and shall be prepared
within such time and in such manner, as the court may by rule
prescribe.
(f) Time of Hearing; Procedure.--The court shall hear and determine
an appeal described in subsection (a) upon the record before it in the
manner prescribed by section 706 of title 5, United States Code.
(g) Remand.--If the court renders a decision and enters an order
reversing the order of the Commission--
(1) the court shall remand the case to the Commission to
carry out the judgment of the court; and
(2) the Commission, in the absence of proceedings to review
the judgment under paragraph (1) or (2) of subsection (i),
shall forthwith give effect to the judgment, and unless
otherwise ordered by the court, shall do so upon the basis of--
(A) the proceedings already had; and
(B) the record upon which the appeal was heard and
determined.
(h) Judgment for Costs.--The court may, in its discretion, enter
judgment for costs in favor of or against an appellant, or other
interested parties intervening in the appeal, but not against the
Commission, depending upon the nature of the issues involved in the
appeal and the outcome of the appeal.
(i) Finality of Decision; Review by Supreme Court.--The judgment of
a court of appeals under this section shall be final, subject to review
by the Supreme Court of the United States--
(1) upon writ of certiorari on petition therefor under
section 1254 of title 28, United States Code, by--
(A) the appellant;
(B) the Commission; or
(C) any interested party intervening in the appeal;
or
(2) by certification by the court of appeals under such
section 1254.
SEC. 19. REPORT TO CONGRESS.
(a) In General.--Not earlier than 5 years after the date of
enactment of this Act, the President shall establish an independent
panel to--
(1) comprehensively study the policies, operations, and
regulations of the Commission; and
(2) submit an in-depth report to the congressional
committees of jurisdiction, including the Committee on
Commerce, Science, and Transportation of the Senate and the
Committee on Energy and Commerce of the House of
Representatives, that includes--
(A) an evaluation of the effectiveness of the
Commission in achieving the purposes under section
4(b);
(B) recommended reforms to strengthen the
Commission; and
(C) a recommendation regarding whether the
Commission should continue in effect.
(b) Membership.--The independent panel established under subsection
(a) shall consist of 10 members, of whom--
(1) 2 shall be appointed by the President;
(2) 2 shall be appointed by the majority leader of the
Senate;
(3) 2 shall be appointed by the minority leader of the
Senate;
(4) 2 shall be appointed by the Speaker of the House of
Representatives; and
(5) 2 shall be appointed by the minority leader of the
House of Representatives.
SEC. 20. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to the Commission to carry
out the functions of the Commission--
(1) $100,000,000 for fiscal year 2023;
(2) $200,000,000 for fiscal year 2024;
(3) $300,000,000 for fiscal year 2025;
(4) $450,000,000 for fiscal year 2026; and
(5) $500,000,000 for each of fiscal years 2027 through
2032.
<all>