[House Report 113-480]
[From the U.S. Government Publishing Office]
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.
* * * * * * *