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113th Congress  }                                           {    Report
  2d Session    }       HOUSE OF REPRESENTATIVES            {   113-480

=======================================================================
 
                 SOCIAL MEDIA WORKING GROUP ACT OF 2014 

                                _______
                                

 June 19, 2014.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

  Mr. McCaul, from the Committee on Homeland Security, submitted the 
                               following

                              R E P O R T

                        [To accompany H.R. 4263]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Homeland Security, to whom was referred 
the bill (H.R. 4263) to amend the Homeland Security Act of 2002 
to authorize the Department of Homeland Security to establish a 
social media working group, and for other purposes, having 
considered the same, report favorably thereon with an amendment 
and recommend that the bill as amended do pass.

                                CONTENTS

                                                                   Page
Purpose and Summary..............................................     3
Background and Need for Legislation..............................     3
Hearings.........................................................     3
Committee Consideration..........................................     4
Committee Votes..................................................     5
Committee Oversight Findings.....................................     5
New Budget Authority, Entitlement Authority, and Tax Expenditures     5
Congressional Budget Office Estimate.............................     5
Statement of General Performance Goals and Objectives............     6
Duplicative Federal Programs.....................................     6
Congressional Earmarks, Limited Tax Benefits, and Limited Tariff 
  Benefits.......................................................     6
Federal Mandates Statement.......................................     6
Preemption Clarification.........................................     7
Disclosure of Directed Rule Makings..............................     7
Advisory Committee Statement.....................................     7
Applicability to Legislative Branch..............................     7
Section-by-Section Analysis of the Legislation...................     7
Changes in Existing Law Made by the Bill, as Reported............     8

    The amendment is as follows:
  Strike all after the enacting clause and insert the 
following:

SECTION 1. SHORT TITLE.

  This Act may be cited as the ``Social Media Working Group Act of 
2014''.

SEC. 2. SOCIAL MEDIA WORKING GROUP.

  (a) In General.--Title III of the Homeland Security Act of 2002 (6 
U.S.C. 181 et seq.) is amended by adding at the end the following new 
section:

``SEC. 318. SOCIAL MEDIA WORKING GROUP.

  ``(a) Establishment.--The Secretary shall establish within the 
Department a social media working group (in this section referred to as 
the `Group').
  ``(b) Purpose.--In order to enhance information sharing between the 
Department and appropriate stakeholders, the Group shall provide 
guidance and best practices to the emergency preparedness and response 
community on the use of social media technologies before, during, and 
after a terrorist attack or other emergency.
  ``(c) Membership.--
          ``(1) In general.--The Under Secretary for Science and 
        Technology shall serve as the permanent chairperson of the 
        Group, and shall designate, on a rotating basis, a 
        representative from a State or local government who is a member 
        of the Group to serve as co-chairperson. The Under Secretary 
        shall establish term limits for individuals appointed to the 
        Group pursuant to paragraph (2). Membership of the Group shall 
        be composed of a cross section of subject matter experts from 
        Federal, State, local, tribal, and nongovernmental organization 
        practitioners, including representatives from the following 
        entities:
                  ``(A) The Office of Public Affairs of the Department.
                  ``(B) The Office of the Chief Information Officer of 
                the Department.
                  ``(C) The Privacy Office of the Department.
                  ``(D) The Federal Emergency Management Agency.
                  ``(E) The Office of Disability Integration and 
                Coordination of the Federal Emergency Management 
                Agency.
                  ``(F) The American Red Cross.
                  ``(G) The Forest Service.
                  ``(H) The Centers for Disease Control and Prevention.
                  ``(I) The United States Geological Survey.
                  ``(J) The National Oceanic and Atmospheric 
                Administration.
          ``(2) Additional members.--The Under Secretary for Science 
        and Technology shall appoint, on a rotating basis, qualified 
        individuals to the Group. The total number of such additional 
        members shall--
                  ``(A) be equal to or greater than the total number of 
                regular members under paragraph (1); and
                  ``(B) include--
                          ``(i) not fewer than three representatives 
                        from the private sector; and
                          ``(ii) representatives from--
                                  ``(I) State, local, and tribal 
                                entities, including from--
                                          ``(aa) law enforcement;
                                          ``(bb) fire services;
                                          ``(cc) emergency management 
                                        services; and
                                          ``(dd) public health 
                                        entities;
                                  ``(II) universities and academia; and
                                  ``(III) non-profit disaster relief 
                                organizations.
  ``(d) Consultation With Non-members.--To the extent practicable, the 
Group shall work with existing bodies in the public and private sectors 
to carry out subsection (b).
  ``(e) Meetings.--
          ``(1) Initial meeting.--Not later than 90 days after the date 
        of the enactment of this section, the Group shall hold its 
        initial meeting. Such initial meeting may be held virtually.
          ``(2) Subsequent meetings.--After the initial meeting under 
        paragraph (1), the Group shall meet at least twice each year, 
        or at the call of the Chairperson. Such subsequent meetings may 
        be held virtually.
  ``(f) Nonapplicability of FACA.--The Federal Advisory Committee Act 
(5 U.S.C. App.) shall not apply to the Group.
  ``(g) Reports.--Not later than March 30 of each year, the Group shall 
submit to the appropriate congressional committees a report that 
includes the following:
          ``(1) A review of current and emerging social media 
        technologies being used to support preparedness and response 
        activities related to terrorist attacks and other emergencies.
          ``(2) A review of best practices and lessons learned on the 
        use of social media during the response to terrorist attacks 
        and other emergencies that occurred during the period covered 
        by the report at issue.
          ``(3) Recommendations to improve the Department's use of 
        social media for emergency management purposes.
          ``(4) Recommendations to improve public awareness of the type 
        of information disseminated through social media, and how to 
        access such information, during a terrorist attack or other 
        emergency.
          ``(5) Recommendations to improve information sharing among 
        the Department and its components.
          ``(6) Recommendations to improve information sharing among 
        State and local governments.
          ``(7) A review of available training for Federal, State, 
        local, and tribal officials on the use of social media in 
        response to a terrorist attack or other emergency.
          ``(8) A summary of coordination efforts with the private 
        sector to discuss and resolve legal, operational, technical, 
        privacy, and security concerns.''.
  (b) Clerical Amendment.--The table of contents in section 1(b) of the 
Homeland Security Act of 2002 is amended by inserting after the item 
relating to section 317 the following new item:

``Sec. 318. Social media working group.''.

                          Purpose and Summary

    The purpose of H.R. 4263 is to amend the Homeland Security 
Act of 2002 to authorize the Department of Homeland Security to 
establish a social media working group, and for other purposes.

                  Background and Need for Legislation

    The use of social media has become a new reality for how 
first responders and survivors communicate before, during, and 
after a disaster. The tragic explosion in East Harlem, New 
York, the 2014 tornadoes in the South, the Boston Marathon 
Bombings, and Superstorm Sandy are just some examples of how 
citizens are turning to Facebook and Twitter for information 
and to send comfort to survivors. During two hearings in 2013, 
the Subcommittee on Emergency Preparedness, Response, and 
Communications heard from numerous stakeholders, including the 
private sector, on this new reality and the vital role social 
media plays in disasters. One of the key takeaways from the 
hearings was that before, during, and after a disaster there 
needs to be better communication between the public and private 
sectors, specifically in the arena of social media.
    This legislation considers the lessons learned from those 
hearings by authorizing and enhancing the Department's Virtual 
Social Media Working Group to ensure information sharing 
between the Department and appropriate stakeholders regarding 
the use of social media before, during, and after a disaster. 
Additionally, to increase collaboration within the group, the 
bill will expand the membership of the Group to include 
representatives from State, local, and Tribal law enforcement, 
the fire service, emergency management, and public health; 
along with universities and academia, non-profit disaster 
relief organizations, and private sector organizations.

                                Hearings

    The Committee did not hold any hearings specifically on 
H.R. 4263; however, the Committee did hold the following 
oversight hearings in the 113th Congress:
    On June 4, 2013, the Subcommittee held a hearing entitled 
``Emergency MGMT 2.0: How #SocialMedia & New Tech are 
Transforming Preparedness, Response, & Recovery #Disasters 
#Part1 #Privatesector.'' The Subcommittee received testimony 
from Mr. Matthew Stepka, Vice President, Technology for Social 
Impact, Google.org; Mr. Jason Matthew Payne, Philanthropy Lead, 
Palantir Technologies; Mr. Michael Beckerman, President and 
CEO, The Internet Association; and Mr. Jorge L. Cardenas, Vice 
President, Asset Management and Centralized Services, Public 
Service Enterprise Group, Inc.
    The Subcommittee continued its hearing on Emergency 
Management 2.0, with a hearing on July 9, 2013, entitled 
``Emergency MGMT 2.0: How #SocialMedia & New Tech are 
Transforming Preparedness, Response, & Recovery #Disasters 
#Part2 #Govt/NGOs.'' The Subcommittee received testimony from 
Mr. Shayne Adamski, Senior Manager of Digital Engagement, 
Federal Emergency Management Agency, U.S. Department of 
Homeland Security; Ms. Suzanne C. DeFrancis, Chief Public 
Affairs Officer, American Red Cross; Mr. Albert Ashwood, 
Chairman, NEMA Legislative Committee, Director, Oklahoma 
Department of Emergency Management, testifying on behalf of the 
National Emergency Management Association; and Sergeant W. Greg 
Kierce, Director, Jersey City Office of Emergency, Management 
and Homeland Security.

                        Committee Consideration

    The Committee met on June 11, 2014, to consider H.R. 4263, 
and ordered the measure to be reported to the House with a 
favorable recommendation, amended, by voice vote. The Committee 
took the following actions:
    The following amendments were offered:
 An Amendment in the Nature of a Substitute offered by Mr. 
Palazzo (#1), as filed on the roster by Mrs. Brooks of Indiana; 
was AGREED TO by voice vote.

    The Subcommittee on Emergency Preparedness, Response, and 
Communications met on March 27, 2014, to consider H.R. 4263, 
and ordered the measure forwarded to the Full Committee with a 
favorable recommendation, amended, by voice vote. The Committee 
took the following actions:
    The following amendments were offered:
 An Amendment in the Nature of a Substitute offered by Mrs. 
Brooks of Indiana (#1); was AGREED TO, as amended, by voice 
vote.

 An en bloc amendment to the Amendment in the Nature of a 
Substitute to H.R. 4263 offered by Mr. Payne (#1A); was AGREED 
TO by voice vote.

     Consisting of the following amendments:
     Page 2, line 6, insert before ``Membership'' the following: ``The 
Under Secretary shall establish term limits for individuals appointed 
to the Group Pursuant to paragraph (2).''.

     Page 2, line 19, insert the following (and redesignate subsequent 
subparagraphs accordingly):
     (E) The Office of Disability Integration and Coordination of the 
Federal Emergency Management Agency.

 An Amendment to the Amendment in the Nature of a Substitute to 
H.R. 4263 offered by Mr. Higgins (#1B); was AGREED TO by voice 
vote.

     Page 5, line 6, insert the following (and redesignate subsequent 
subparagraphs accordingly):
     (4) Recommendations to improve public awareness of the type of 
information disseminated through social media, and how to access such 
information, during a terrorist attack or other emergency.

                            Committee Votes

    Clause 3(b) of rule XIII of the Rules of the House of 
Representatives requires the Committee to list the recorded 
votes on the motion to report legislation and amendments 
thereto.
    No recorded votes were requested during consideration of 
H.R. 4263.

                      Committee Oversight Findings

    Pursuant to clause 3(c)(1) of rule XIII of the Rules of the 
House of Representatives, the Committee has held oversight 
hearings and made findings that are reflected in this report.

   New Budget Authority, Entitlement Authority, and Tax Expenditures

    In compliance with clause 3(c)(2) of rule XIII of the Rules 
of the House of Representatives, the Committee finds that H.R. 
4263, the Social Media Working Group Act of 2014, would result 
in no new or increased budget authority, entitlement authority, 
or tax expenditures or revenues.

                  Congressional Budget Office Estimate

    The Committee adopts as its own the cost estimate prepared 
by the Director of the Congressional Budget Office pursuant to 
section 402 of the Congressional Budget Act of 1974.

                                     U.S. Congress,
                               Congressional Budget Office,
                                     Washington, DC, June 17, 2014.
Hon. Michael McCaul,
Chairman, Committee on Homeland Security,
House of Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for H.R. 4263, the Social 
Media Working Group Act of 2014.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contacts are Michael 
Hirsch and Mark Grabowicz.
            Sincerely,
                                              Douglas W. Elmendorf.
    Enclosure.

H.R. 4263--Social Media Working Group Act of 2014

    H.R. 4263 would direct the Department of Homeland Security 
(DHS) to establish a working group to provide guidance and best 
practices on the use of social media technologies, specifically 
during a terrorist attack or other emergency. The group would 
prepare guidance for the emergency preparedness and response 
community. The bill would define the membership of the working 
group, which would include more than 20 experts from federal, 
state, local, and tribal governments along with nongovernmental 
organizations. The working group would be exempt from the 
Federal Advisory Committee Act and would be authorized to hold 
virtual meetings to fulfill the requirement to meet twice a 
year. The working group would be required to submit an annual 
report on emerging trends and best practices for emergency 
response through social media.
    Based on the cost of similar activities carried out under 
the DHS Acquisition and Accountability Efficiency Act and the 
Critical Infrastructure Research and Development Advancement 
Act of 2013, CBO estimates that the new DHS responsibilities 
and the annual report required by H.R. 4263 would cost a total 
of less than $500,000 annually, assuming the availability of 
appropriated funds. Enacting the legislation would not affect 
direct spending or revenues; therefore, pay-as-you-go 
procedures do not apply.
    H.R. 4263 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act and 
would impose no costs on state, local, or tribal governments.
    The CBO staff contacts for this estimate are Michael Hirsch 
and Mark Grabowicz. The estimate was approved by Theresa Gullo, 
Deputy Assistant Director for Budget Analysis.

         Statement of General Performance Goals and Objectives

    Pursuant to clause 3(c)(4) of Rule XIII of the Rules of the 
House of Representatives, H.R. 4263 contains the following 
general performance goals and objectives, including outcome 
related goals and objectives authorized. The goal of H.R. 4263 
authorizes the Virtual Social Media Working Group with the 
goals of developing best practices and sharing lessons learned 
on the use of social media before, during, and after a 
disaster.
    H.R. 4263 requires the working group to submit an annual 
report to Congress that includes the year's best practices, 
lesson learned, and any recommendations for improving the 
Nation's disaster communications efforts.

                      Duplicative Federal Programs

    The Committee finds that H.R. 4263 does not contain any 
provision that establishes or reauthorizes a program known to 
be duplicative of another Federal program.

   Congressional Earmarks, Limited Tax Benefits, and Limited Tariff 
                                Benefits

    In compliance with Rule XXI of the Rules of the House of 
Representatives, this bill, as reported, contains no 
congressional earmarks, limited tax benefits, or limited tariff 
benefits as defined in clause 9(e), 9(f), or 9(g) of the Rule 
XXI.

                       Federal Mandates Statement

    The Committee adopts as its own the estimate of Federal 
mandates prepared by the Director of the Congressional Budget 
Office pursuant to section 423 of the Unfunded Mandates Reform 
Act.

                        Preemption Clarification

    In compliance with section 423 of the Congressional Budget 
Act of 1974, requiring the report of any Committee on a bill or 
joint resolution to include a statement on the extent to which 
the bill or joint resolution is intended to preempt State, 
local, or Tribal law, the Committee finds that H.R. 4263 does 
not preempt any State, local, or Tribal law.

                  Disclosure of Directed Rule Makings

    The Committee estimates that H.R. 4263 would require no 
directed rule makings.

                      Advisory Committee Statement

    No advisory committees within the meaning of section 5(b) 
of the Federal Advisory Committee Act were created by this 
legislation.

                  Applicability to Legislative Branch

    The Committee finds that the legislation does not relate to 
the terms and conditions of employment or access to public 
services or accommodations within the meaning of section 
102(b)(3) of the Congressional Accountability Act.

             Section-by-Section Analysis of the Legislation


Section 1.   Short Title.
    This section provides that this bill may be cited as the 
``Social Media Working Group Act of 2014''.

Section 2.   Use of This that and the Other.
    This section adds a new section to the Homeland Security 
Act, section 318, with the following provisions:

Establishment

    This subsection requires the Secretary of the Department of 
Homeland Security to establish within the Department a social 
media working group (Group).
    The Committee understands that the current Virtual Social 
Media Working Group has been established for several years and 
has made progress is producing documents relevant to social 
media practices and lessons learned from Superstorm Sandy. The 
Committee's intent in authorizing this group is to not to 
federalize or inhibit the current group's work, but rather to 
enhance the existing work by allowing additional parties that 
are playing a vital role in this area to have an opportunity to 
provide insight and expertise to the group.

Purpose
    This section states the purpose of the Group, which is to 
provide guidance and recommendations to the first responder 
community on the role of social media before, during, and after 
a terrorist attack or other emergency.

Membership

    This section delineates the required membership of the 
Group. The Under Secretary of Science and Technology will Chair 
the Group and a representative from a State or local government 
entity will serve as the Group's co-chair. Following the 
``Whole Community'' approach, this Group will be composed of 
nine representatives from various Department of Homeland 
Security components and offices, other Federal agencies, and 
non-governmental organizations. In addition, there must be an 
equal or greater number of representatives from State, local, 
and tribal emergency preparedness and response agencies, 
universities, and non-profit disaster relief organizations. The 
Group must include no fewer than three representatives from the 
private sector. The section requires the Under Secretary to 
establish term limits for individuals appointed to the Group.
    During the two Subcommittee hearings on social media, the 
Committee learned about the innovative ideas from State and 
local practitioners for the use of social media in emergency 
management. The Committee stresses the importance of having 
equal or greater representation of State and local officials 
than Federal officials in the group. It is the State and local 
first responders' first hand knowledge and expertise on how to 
utilize social media during response efforts that is imperative 
to the help the Nation continue to build and sustain the core 
capabilities addressed in the National Preparedness Goal.

Consultation with Non-Members

    This section allows, when practicable, for the Group to 
work with other bodies in the public and private sector to 
carry out subsection (b).

Meetings

    This section requires the Group to hold an initial meeting 
not later than 90 days after the enactment of the bill, and 
biannually thereafter, or at the call of the Chair. These 
meetings may be held in person or virtually.

Nonapplicability of FACA

    This section exempts the Group from the Federal Advisory 
Committee Act (5 U.S.C. App.).

Reports

    This section requires the Group to submit a report to 
Congress, not later than March 30th each year, that focuses on 
the best practices and lessons learned on the use of social 
media during recent response efforts and provides 
recommendations on how to improve information sharing and use 
of social media by the Department.

         Changes in Existing Law Made by the Bill, as Reported

  In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, as reported, are shown as follows (new matter is 
printed in italic and existing law in which no change is 
proposed is shown in roman):

                     HOMELAND SECURITY ACT OF 2002


SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

  (a) * * *
  (b) Table of Contents.--The table of contents for this Act is 
as follows:

     * * * * * * *

    TITLE III--SCIENCE AND TECHNOLOGY IN SUPPORT OF HOMELAND SECURITY

     * * * * * * *
Sec. 318. Social media working group.

           *       *       *       *       *       *       *


TITLE III--SCIENCE AND TECHNOLOGY IN SUPPORT OF HOMELAND SECURITY

           *       *       *       *       *       *       *


SEC. 318. SOCIAL MEDIA WORKING GROUP.

  (a) Establishment.--The Secretary shall establish within the 
Department a social media working group (in this section 
referred to as the ``Group'').
  (b) Purpose.--In order to enhance information sharing between 
the Department and appropriate stakeholders, the Group shall 
provide guidance and best practices to the emergency 
preparedness and response community on the use of social media 
technologies before, during, and after a terrorist attack or 
other emergency.
  (c) Membership.--
          (1) In general.--The Under Secretary for Science and 
        Technology shall serve as the permanent chairperson of 
        the Group, and shall designate, on a rotating basis, a 
        representative from a State or local government who is 
        a member of the Group to serve as co-chairperson. The 
        Under Secretary shall establish term limits for 
        individuals appointed to the Group pursuant to 
        paragraph (2). Membership of the Group shall be 
        composed of a cross section of subject matter experts 
        from Federal, State, local, tribal, and nongovernmental 
        organization practitioners, including representatives 
        from the following entities:
                  (A) The Office of Public Affairs of the 
                Department.
                  (B) The Office of the Chief Information 
                Officer of the Department.
                  (C) The Privacy Office of the Department.
                  (D) The Federal Emergency Management Agency.
                  (E) The Office of Disability Integration and 
                Coordination of the Federal Emergency 
                Management Agency.
                  (F) The American Red Cross.
                  (G) The Forest Service.
                  (H) The Centers for Disease Control and 
                Prevention.
                  (I) The United States Geological Survey.
                  (J) The National Oceanic and Atmospheric 
                Administration.
          (2) Additional members.--The Under Secretary for 
        Science and Technology shall appoint, on a rotating 
        basis, qualified individuals to the Group. The total 
        number of such additional members shall--
                  (A) be equal to or greater than the total 
                number of regular members under paragraph (1); 
                and
                  (B) include--
                          (i) not fewer than three 
                        representatives from the private 
                        sector; and
                          (ii) representatives from--
                                  (I) State, local, and tribal 
                                entities, including from--
                                          (aa) law enforcement;
                                          (bb) fire services;
                                          (cc) emergency 
                                        management services; 
                                        and
                                          (dd) public health 
                                        entities;
                                  (II) universities and 
                                academia; and
                                  (III) non-profit disaster 
                                relief organizations.
  (d) Consultation With Non-members.--To the extent 
practicable, the Group shall work with existing bodies in the 
public and private sectors to carry out subsection (b).
  (e) Meetings.--
          (1) Initial meeting.--Not later than 90 days after 
        the date of the enactment of this section, the Group 
        shall hold its initial meeting. Such initial meeting 
        may be held virtually.
          (2) Subsequent meetings.--After the initial meeting 
        under paragraph (1), the Group shall meet at least 
        twice each year, or at the call of the Chairperson. 
        Such subsequent meetings may be held virtually.
  (f) Nonapplicability of FACA.--The Federal Advisory Committee 
Act (5 U.S.C. App.) shall not apply to the Group.
  (g) Reports.--Not later than March 30 of each year, the Group 
shall submit to the appropriate congressional committees a 
report that includes the following:
          (1) A review of current and emerging social media 
        technologies being used to support preparedness and 
        response activities related to terrorist attacks and 
        other emergencies.
          (2) A review of best practices and lessons learned on 
        the use of social media during the response to 
        terrorist attacks and other emergencies that occurred 
        during the period covered by the report at issue.
          (3) Recommendations to improve the Department's use 
        of social media for emergency management purposes.
          (4) Recommendations to improve public awareness of 
        the type of information disseminated through social 
        media, and how to access such information, during a 
        terrorist attack or other emergency.
          (5) Recommendations to improve information sharing 
        among the Department and its components.
          (6) Recommendations to improve information sharing 
        among State and local governments.
          (7) A review of available training for Federal, 
        State, local, and tribal officials on the use of social 
        media in response to a terrorist attack or other 
        emergency.
          (8) A summary of coordination efforts with the 
        private sector to discuss and resolve legal, 
        operational, technical, privacy, and security concerns.

           *       *       *       *       *       *       *