[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 2597 Introduced in Senate (IS)]

<DOC>






118th CONGRESS
  1st Session
                                S. 2597

   To amend the Clayton Act to establish a new Federal commission to 
  regulate digital platforms, including with respect to competition, 
             transparency, privacy, and national security.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             July 27, 2023

Ms. Warren (for herself and Mr. Graham) introduced the following bill; 
  which was read twice and referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
   To amend the Clayton Act to establish a new Federal commission to 
  regulate digital platforms, including with respect to competition, 
             transparency, privacy, and national security.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Digital Consumer Protection 
Commission Act of 2023''.

                   TITLE I--AMENDMENTS TO CLAYTON ACT

SEC. 101. ESTABLISHMENT OF DIGITAL CONSUMER PROTECTION COMMISSION.

    The Clayton Act (15 U.S.C. 12 et seq.) is amended--
            (1) by striking ``That (a)'' and inserting the following:

              ``DIVISION A--ORIGINAL ANTITRUST PROVISIONS

    ``Section 1. (a) The term'';
            (2) in division A, as so designated, by adding at the end 
        the following:
    ``Sec. 29. (a) Any reference to `this Act' in this division shall 
be deemed to be a reference to this division.
    ``(b) Any reference to the Clayton Act in any other provision of 
law shall be deemed to be a reference to this division unless the 
provision specifically references division B of this Act or a provision 
in division B of this Act.''; and
            (3) by adding at the end the following:

          ``DIVISION B--DIGITAL CONSUMER PROTECTION COMMISSION

``SEC. 2001. TABLE OF CONTENTS.

    ``The table of contents for this division is as follows:

``Sec. 2001. Table of contents.
``Sec. 2002. Definitions.
   ``TITLE I--ESTABLISHMENT OF DIGITAL CONSUMER PROTECTION COMMISSION

      ``Subtitle A--Commission Structure, Jurisdiction, and Powers

``Sec. 2111. Establishment.
``Sec. 2112. Commissioners.
``Sec. 2113. Designation of acting chairperson; sessions; seal.
``Sec. 2114. Commission jurisdiction.
``Sec. 2115. Commission powers.
``Sec. 2116. Rulemaking authority.
``Sec. 2117. Advisory boards.
``Sec. 2118. Complaints.
                    ``Subtitle B--Dominant Platforms

``Sec. 2121. Dominant platforms.
                    ``TITLE II--TRANSPARENCY REFORM

``Sec. 2201. Transparency practices and appeal rights.
``Sec. 2202. Best practices.
                    ``TITLE III--COMPETITION REFORM

                     ``Subtitle A--Antitrust Review

``Sec. 2311. Abuses of dominance.
``Sec. 2312. Platform conflicts of interest.
``Sec. 2313. Future acquisitions.
``Sec. 2314. Retrospective reviews.
``Sec. 2315. Additional remedies.
``Sec. 2316. Contractual transparency.
``Sec. 2317. Prohibition on abusive acts or practices.
``Sec. 2318. Data brokers.
          ``Subtitle B--Data Portability and Interoperability.

``Sec. 2321. Data portability and interoperability.
                      ``Subtitle C--Miscellaneous

``Sec. 2331. Rule of construction.
                       ``TITLE IV--PRIVACY REFORM

         ``Subtitle A--Covered Entity Duties and Requirements.

``Sec. 2411. Duty of loyalty.
``Sec. 2412. Duty of care.
``Sec. 2413. Duty of mitigation.
``Sec. 2414. Duty of confidentiality; data collection and processing.
``Sec. 2415. Limitations on targeted advertising.
``Sec. 2416. Rights of data subjects to access, correction, 
                            portability, and deletion.
``Sec. 2417. Right to know.
                   ``Subtitle B--Data Security Reform

``Sec. 2421. Data security safeguards.
``Sec. 2422. Civil penalties and damages for data breaches.
                      ``Subtitle C--Miscellaneous

``Sec. 2431. Authority to propose and establish heightened requirements 
                            for dominant platform operators.
                  ``TITLE V--NATIONAL SECURITY REFORM

``Sec. 2501. Corporate citizenship and ownership.
``Sec. 2502. Limitation of data processing in restricted countries.
``Sec. 2503. Bot and country-of-origin identifications.
        ``TITLE VI--LICENSES FOR OPERATORS OF DOMINANT PLATFORMS

``Sec. 2601. Licensing office.
``Sec. 2602. Requirement for operators of dominant platforms to obtain 
                            licenses.
``Sec. 2603. Revocation of license.
``Sec. 2604. Compliance certification.
               ``TITLE VII--ENFORCEMENT BY OTHER ENTITIES

``Sec. 2701. Enforcement by States, private parties, and Federal 
                            agencies.
``Sec. 2702. Exclusive jurisdiction.
                      ``TITLE VIII--MISCELLANEOUS

``Sec. 2801. Funding.
``Sec. 2802. Interagency cooperation.
``Sec. 2803. Effective date.
``Sec. 2804. Rules of construction.
``Sec. 2805. Severability.

``SEC. 2002. DEFINITIONS.

    ``In this division:
            ``(1) Algorithm.--
                    ``(A) In general.--The term `algorithm' means a 
                computational process derived from machine learning, 
                statistics, or other data processing or artificial 
                intelligence techniques, that processes data for the 
                purpose of--
                            ``(i) making a decision or facilitating 
                        human decision-making;
                            ``(ii) generating content;
                            ``(iii) the display of search results or 
                        rankings; or
                            ``(iv) any other method of automated 
                        decision-making, content selection, or content 
                        amplification.
                    ``(B) Temporal scope.--The term `algorithm' 
                encompasses a computational process described in 
                subparagraph (A) as it evolves over time, not just at 
                its original point of creation.
            ``(2) Business user.--The term `business user', with 
        respect to a platform, means a person that uses or plans to use 
        the platform for the sale or provision of products or services.
            ``(3) Child.--The term `child' means an individual younger 
        than 18 years of age.
            ``(4) Clear and conspicuous.--The term `clear and 
        conspicuous', with respect to a disclosure, means the 
        disclosure is easily noticeable and easily understandable by 
        ordinary consumers, including in each of the following ways:
                    ``(A) In any communication that is solely visual or 
                solely audible, the disclosure shall be made through 
                the same means through which the communication is 
                presented.
                    ``(B) A visual disclosure, by its size, contrast, 
                location, the length of time it appears, and other 
                characteristics, shall stand out from any accompanying 
                text or other visual elements so that the disclosure is 
                easily noticed, read, and understood.
                    ``(C) An audible disclosure, including by telephone 
                or streaming video, shall be delivered in a volume, 
                speed, and cadence sufficient for an ordinary consumer 
                to easily hear and understand the disclosure.
                    ``(D) In any communication using an interactive 
                electronic medium, such as the internet or software, 
                the disclosure shall be unavoidable.
                    ``(E) The disclosure shall--
                            ``(i) use diction and syntax understandable 
                        to ordinary consumers; and
                            ``(ii) appear in each language in which the 
                        communication in which the disclosure appears 
                        is presented.
                    ``(F) The disclosure shall comply with the 
                requirements under this paragraph in each medium 
                through which the disclosure appears, including all 
                electronic devices and face-to-face communications.
                    ``(G) The disclosure may not be contradicted or 
                mitigated by, or inconsistent with, anything else in 
                the communication.
                    ``(H) If the representation or sales practice 
                targets a specific audience, such as children, the 
                elderly, or the terminally ill, the term `ordinary 
                consumer', as used in this paragraph, includes 
                reasonable members of that audience.
            ``(5) Commission.--The term `Commission', except as 
        otherwise provided, means the Digital Consumer Protection 
        Commission established under section 2111.
            ``(6) Control.--The term `control', with respect to a 
        person or platform, means--
                    ``(A) holding not less than 25 percent of the stock 
                of the person or platform;
                    ``(B) having the right to not less than 25 percent 
                of the profits of the person or platform;
                    ``(C) having the right to not less than 25 percent 
                of the assets of the person or platform, in the event 
                of the dissolution of the person or platform;
                    ``(D) if the person or platform is a corporation, 
                having the power to designate not less than 25 percent 
                of the directors of the person or platform;
                    ``(E) if the person or platform is a trust, having 
                the power to designate not less than 25 percent of the 
                trustees; or
                    ``(F) otherwise exercising substantial ability to 
                direct the actions of the person or platform.
            ``(7) Covered breach.--The term `covered breach' means any 
        instance in which not less than 1 piece of personal data held 
        by a covered entity is exposed, or is reasonably likely to have 
        been exposed, to an unauthorized party.
            ``(8) Covered entity.--
                    ``(A) In general.--Subject to subparagraph (B), the 
                term `covered entity'--
                            ``(i) means any person that collects, 
                        processes, or transfers personal data and--
                                    ``(I) is subject to the Federal 
                                Trade Commission Act (15 U.S.C. 41 et 
                                seq.); or
                                    ``(II) is--
                                            ``(aa) a bank, savings and 
                                        loan institution described in 
                                        section 18(f)(3) of the Federal 
                                        Trade Commission Act (15 U.S.C. 
                                        57a(f)(3)), or Federal credit 
                                        union described in section 
                                        18(f)(4) of such Act;
                                            ``(bb) a common carrier 
                                        subject to the Acts to regulate 
                                        commerce (as defined in section 
                                        4 of the Federal Trade 
                                        Commission Act (15 U.S.C. 44));
                                            ``(cc) an air carrier or 
                                        foreign air carrier subject to 
                                        the Federal Aviation Act of 
                                        1958 (49 U.S.C. App. 1301 et 
                                        seq.); or
                                            ``(dd) a person, 
                                        partnership, or corporation 
                                        subject to the Packers and 
                                        Stockyards Act, 1921, as 
                                        amended; and
                            ``(ii) includes any person that controls, 
                        is controlled by, or is under common control 
                        with the covered entity.
                    ``(B) Exclusions.--Such term does not include--
                            ``(i) a Federal, State, Tribal, 
                        territorial, or local government entity such as 
                        a body, authority, board, bureau, commission, 
                        district, agency, or political subdivision of 
                        the Federal Government or a State, Tribal, 
                        territorial, or local government;
                            ``(ii) a person that is collecting, 
                        processing, or transferring personal data on 
                        behalf of a Federal, State, Tribal, 
                        territorial, or local government entity, in so 
                        far as such person is acting as a service 
                        provider to the government entity; or
                            ``(iii) an entity that serves as a 
                        congressionally designated nonprofit, national 
                        resource center, and clearinghouse to provide 
                        assistance to victims, families, child-serving 
                        professionals, and the general public on 
                        missing and exploited children issues.
            ``(9) Critical trading partner.--The term `critical trading 
        partner' means an entity that has the ability to restrict or 
        impede the access of a business user to--
                    ``(A) the users or customers of the business user; 
                or
                    ``(B) a tool or service that the business user 
                needs to effectively serve the users or customers of 
                the business user.
            ``(10) Data broker.--The term `data broker' means a person 
        that collects, buys, licenses, or infers data about individuals 
        and then sells, licenses, or trades that data in a commercial 
        transaction.
            ``(11) Data processing.--The term `data processing'--
                    ``(A) means any operation or set of operations that 
                is performed on personal data or on sets of personal 
                data, whether or not by automated means, such as 
                collection, recording, organization, structuring, 
                storage, adaptation or alteration, retrieval, 
                consultation, use, disclosure by transmission, 
                dissemination or otherwise making available, alignment 
                or combination, restriction, or erasure or destruction; 
                and
                    ``(B) includes the sale, resale, licensing, or 
                trading of personal data.
            ``(12) De-identified data.--The term `de-identified data' 
        means data, derived from sensitive personal data, that cannot 
        reasonably be used to infer information about, or otherwise be 
        linked to, an identified or identifiable individual or 
        household, or a device linked to such an individual or 
        household.
            ``(13) Dominant platform.--The term `dominant platform' has 
        the meaning given the term in section 2121.
            ``(14) Governmental entity.--The term `governmental entity' 
        means a department or agency of--
                    ``(A) the United States;
                    ``(B) a State or political subdivision thereof; or
                    ``(C) a foreign country or political subdivision 
                thereof.
            ``(15) Operator.--The term `operator', with respect to a 
        platform, means a person that owns or controls the platform.
            ``(16) Personal data.--The term `personal data'--
                    ``(A) means information collected through activity 
                on a platform that identifies or is linked or 
                reasonably linkable to--
                            ``(i) a user of the platform or any 
                        individual; or
                            ``(ii) a device routinely used by or 
                        associated with a user of the platform or any 
                        individual; and
                    ``(B) does not include--
                            ``(i) de-identified data; or
                            ``(ii) publicly available information.
            ``(17) Platform.--The term `platform' means a website, 
        online or mobile application, operating system, online 
        advertising exchange, digital assistant, or other digital 
        service that--
                    ``(A) enables a user to--
                            ``(i) generate content that can be viewed 
                        by other users on the website, online or mobile 
                        application, operating system, online 
                        advertising exchange, digital assistant, or 
                        other digital service; or
                            ``(ii) interact with other content on the 
                        website, online or mobile application, 
                        operating system, online advertising exchange, 
                        digital assistant, or other digital service;
                    ``(B) facilitates the offering, sale, purchase, 
                payment, or shipping of products or services, including 
                software applications and online advertising, among 
                consumers or businesses not controlled by the website, 
                online or mobile application, operating system, online 
                advertising exchange, digital assistant, or other 
                digital service; or
                    ``(C) enables user searches or queries that access 
                or display a large volume of information.
            ``(18) Platform conflict of interest.--The term `platform 
        conflict of interest' means the conflict of interest that 
        arises when a person owns or controls a platform while 
        simultaneously--
                    ``(A) owning or controlling a line of business that 
                competes against third parties on that platform, if the 
                person has the ability and incentive to, or does--
                            ``(i) advantage its own business on the 
                        platform over third-party competitors on the 
                        platform; or
                            ``(ii) disadvantage the business of third-
                        party competitors on the platform; or
                    ``(B) representing both buyers and sellers for 
                transactions or business on the platform.
            ``(19) Restricted country.--The term `restricted country' 
        means a country for which a prohibition or a policy of denial 
        applies under section 126.1 of title 22, Code of Federal 
        Regulations (or a successor regulation).
            ``(20) Sensitive personal data.--
                    ``(A) In general.--The term `sensitive personal 
                data' means any of the following forms of personal 
                data:
                            ``(i) A unique, government-issued 
                        identifier, such as a Social Security number, 
                        passport number, or driver's license number, 
                        that is not required to be displayed to the 
                        public.
                            ``(ii) Date of birth.
                            ``(iii) Cellphone number.
                            ``(iv) Any data that describes or reveals--
                                    ``(I) the search for, attempt to 
                                obtain, or receipt of any health 
                                services;
                                    ``(II) any past, present, or future 
                                disability, physical health condition, 
                                mental health condition, or health 
                                condition of an individual; or
                                    ``(III) any treatment or diagnosis 
                                of a disability or condition described 
                                in subclause (II).
                            ``(v) A financial account number, debit 
                        card number, or credit card number, or any 
                        required security or access code, password, or 
                        credentials allowing access to a financial 
                        account.
                            ``(vi) Credit scores related to financial 
                        capacity.
                            ``(vii) Household or personal income.
                            ``(viii) Biometric information.
                            ``(ix) A persistent identifier.
                            ``(x) Precise geolocation information.
                            ``(xi) The contents of a private 
                        communication of an individual, such as an 
                        email, a text, a direct message, or mail, or 
                        the identity of the parties subject to the 
                        communication.
                            ``(xii) Account log-in credentials, such as 
                        a user name or email address, in combination 
                        with a password or security question and answer 
                        that would permit access to an online account.
                            ``(xiii) Data revealing an individual's 
                        racial or ethnic origin or religious beliefs.
                            ``(xiv) Data revealing sexual orientation, 
                        gender identity, or sex characteristics.
                            ``(xv) Data pertaining to an individual's 
                        sex life.
                            ``(xvi) Data about online activity that 
                        addresses or reveals a category of covered data 
                        described in another clause of this 
                        subparagraph.
                            ``(xvii) Data that is calendar information, 
                        address book information, phone or text logs, 
                        photos, or videos maintained for private use on 
                        an individual's device.
                            ``(xviii) Any data collected or processed 
                        by a platform operator from which the platform 
                        operator infers data described in another 
                        clause of this subparagraph.
                            ``(xix) Any other category of data 
                        designated by the Commission pursuant to a 
                        rulemaking under section 553 of title 5, United 
                        States Code.
                    ``(B) Biometric information.--For purposes of 
                subparagraph (A), the term `biometric information'--
                            ``(i) means the physiological or biological 
                        characteristics of an individual, including 
                        deoxyribonucleic acid; and
                            ``(ii) includes--
                                    ``(I) imagery of the iris, retina, 
                                fingerprint, face, hand, palm, vein 
                                patterns, and voice recordings, from 
                                which an identifier template, such as a 
                                faceprint, a minutiae template, or a 
                                voiceprint, can be extracted; and
                                    ``(II) keystroke patterns or 
                                rhythms, gait patterns or rhythms, and 
                                sleep, health, or exercise data that 
                                contain identifying information.
                    ``(C) Persistent identifier.--For purposes of 
                subparagraph (A), the term `persistent identifier' 
                means a technologically derived identifier that 
                identifies an individual, or is linked or reasonably 
                linkable to an individual over time and across services 
                and platforms, which may include a customer number held 
                in a cookie, a static internet protocol address, a 
                processor or device serial number, or another unique 
                device identifier.
                    ``(D) Precise geolocation information.--For 
                purposes of subparagraph (A), the term `precise 
                geolocation information' means data capable of 
                determining the past or present physical location of an 
                individual or an individual's device, with sufficient 
                precision to identify street-level location information 
                of an individual or device or the location of an 
                individual or device within a range of 5,280 feet or 
                less.
            ``(21) State.--The term `State' includes the District of 
        Columbia and any territory or possession of the United States.
            ``(22) Terms of service.--The term `terms of service' means 
        any agreement between an operator of a platform and a user of 
        the platform, including terms of service, terms of use, a 
        privacy policy, a use of data policy, a cookies policy, an 
        advertisement policy, a community-standards policy, commercial 
        terms, a safety policy, and a content-moderation policy.
            ``(23) User.--The term `user', with respect to a platform--
                    ``(A) means a person that--
                            ``(i) engages with the platform; or
                            ``(ii) logs into or uses services provided 
                        by the platform over the internet or any other 
                        digital network; and
                    ``(B) includes a business user of the platform.

   ``TITLE I--ESTABLISHMENT OF DIGITAL CONSUMER PROTECTION COMMISSION

      ``Subtitle A--Commission Structure, Jurisdiction, and Powers

``SEC. 2111. ESTABLISHMENT.

    ``There is established an independent regulatory commission to be 
known as the `Digital Consumer Protection Commission', which shall be 
constituted as provided in this division and execute and enforce the 
provisions of this division.

``SEC. 2112. COMMISSIONERS.

    ``(a) Number of Commissioners; Appointment.--The Commission shall 
be composed of 5 commissioners appointed by the President, by and with 
the advice and consent of the Senate.
    ``(b) Terms of Office.--
            ``(1) In general.--A commissioner shall be appointed for a 
        term of 5 years and may be removed by the President only for 
        neglect of duty or malfeasance in office.
            ``(2) Initial commissioners.--The commissioners first 
        appointed to the Commission shall continue in office for terms 
        of 1, 2, 3, 4, and 5 years, respectively, from the date of 
        enactment of this division, the term of each to be designated 
        by the President at the time of nomination.
    ``(c) Qualifications.--
            ``(1) Political parties.--Not more than 3 commissioners may 
        be members of the same political party.
            ``(2) Conflicts of interest.--
                    ``(A) In general.--No commissioner or person 
                employed by the Commission may--
                            ``(i) be financially interested in any 
                        platform operator;
                            ``(ii) be financially interested in any 
                        company or other entity that--
                                    ``(I) controls any platform 
                                operator; or
                                    ``(II) derives a significant 
                                portion of its total income from 
                                ownership of stocks, bonds, or other 
                                securities of any platform operator; or
                            ``(iii) be employed by, hold any official 
                        relation to, or own any stocks, bonds, or other 
                        securities of, any platform operator.
                    ``(B) 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 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 commissioners.
                            ``(iii) Publication.--If the Commission 
                        exercises the waiver authority under clause 
                        (i), the Commission shall publish notice of 
                        that action in the Federal Register.
                    ``(C) Exceptions.--
                            ``(i) In general.--Nothing in this 
                        paragraph shall be construed to prevent a 
                        commissioner or a person employed by the 
                        Commission from owning or trading--
                                    ``(I) a widely held investment 
                                fund, if the widely held investment 
                                fund--
                                            ``(aa) does not present a 
                                        conflict of interest; and
                                            ``(bb) is diversified;
                                    ``(II) shares of Settlement Common 
                                Stock issued under section 7(g)(1)(A) 
                                of the Alaska Native Claims Settlement 
                                Act (43 U.S.C. 1606(g)(1)(A));
                                    ``(III) shares of Settlement Common 
                                Stock, as defined in section 3 of the 
                                Alaska Native Claims Settlement Act (43 
                                U.S.C. 1602);
                                    ``(IV) a United States Treasury 
                                bill, note, or bond;
                                    ``(V) an investment fund held in a 
                                Federal, State, or local government 
                                employee retirement plan;
                                    ``(VI) an interest in a small 
                                business concern, if the small business 
                                concern does not present a conflict of 
                                interest; or
                                    ``(VII) any stock, bond, commodity, 
                                future, or other form of security, 
                                including an interest in a hedge fund, 
                                a derivative, option, or other complex 
                                investment vehicle received as 
                                compensation from the primary 
                                occupation of the spouse of the 
                                commissioner or person employed by the 
                                Commission.
                            ``(ii) Definitions.--In this subparagraph:
                                    ``(I) Commodity.--The term 
                                `commodity' has the meaning given that 
                                term in section 1a of the Commodity 
                                Exchange Act (7 U.S.C. 1a).
                                    ``(II) Diversified.--The term 
                                `diversified', with respect to an 
                                investment fund, means that the 
                                investment fund does not have a stated 
                                policy of overly concentrating its 
                                investments.
                                    ``(III) Security.--The term 
                                `security' has the meaning given that 
                                term in section 3(a) of Securities 
                                Exchange Act of 1934 (15 U.S.C. 
                                78c(a)).
                                    ``(IV) Small business concern.--The 
                                term `small business concern' has the 
                                meaning given that term under section 3 
                                of the Small Business Act (15 U.S.C. 
                                632).
                                    ``(V) Widely held investment 
                                fund.--The term `widely held investment 
                                fund' means a widely held investment 
                                fund described in section 102(f)(8) of 
                                the Ethics in Government Act of 1978 (5 
                                U.S.C. App.).
    ``(d) Vacancies.--
            ``(1) Filling vacancies.--Any commissioner appointed to 
        fill a vacancy occurring prior to the expiration of the term 
        for which the predecessor of the commissioner was appointed 
        shall be appointed only for the remainder of that term.
            ``(2) Service after expiration of term.--A commissioner--
                    ``(A) except as provided in subparagraph (B), may 
                continue to serve after the expiration of the term of 
                the commissioner until a successor is appointed and has 
                been confirmed and taken the oath of office; and
                    ``(B) may not continue to serve after the end of 
                the session of the Congress during which the term of 
                the commissioner expires.
            ``(3) Acting commissioner.--
                    ``(A) In general.--If a vacancy exists more than 90 
                days after the date on which the President first 
                submits to the Senate a nomination of a person to fill 
                a vacancy on the Commission, the President may appoint 
                an acting commissioner to serve on the Commission until 
                the vacancy is filled, subject to subparagraph (B).
                    ``(B) Maximum term.--An acting commissioner 
                appointed under subparagraph (A) may serve on the 
                Commission for not more than 210 days.
    ``(e) Employment.--A commissioner may not engage in any other 
business, vocation, or employment while serving on the Commission.
    ``(f) Chairperson.--
            ``(1) Designation.--The President shall designate 1 
        commissioner to serve as the chairperson of the Commission.
            ``(2) Duties.--The chairperson of the Commission shall 
        oversee the executive and administrative operations of the 
        Commission, including functions of the Commission with respect 
        to--
                    ``(A) the appointment and employment of hearing 
                examiners in accordance with the provisions of title 5, 
                United States Code;
                    ``(B) the selection, appointment, and fixing of the 
                compensation of any personnel that the chairperson 
                determines necessary, including an executive director;
                    ``(C) the supervision of personnel employed by or 
                assigned to the Commission, except that each 
                commissioner may select and supervise personnel for the 
                personal staff of that commissioner;
                    ``(D) the distribution of business among personnel 
                and among administrative units of the Commission; and
                    ``(E) the procurement of services of experts and 
                consultants in accordance with section 3109 of title 5, 
                United States Code.
    ``(g) 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 chairperson of the Commission, during the 
        period of service as chairperson, 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.
    ``(h) Employees.--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.

``SEC. 2113. DESIGNATION OF ACTING CHAIRPERSON; SESSIONS; SEAL.

    ``(a) Designation of Acting Chairperson.--The chairperson of the 
Commission may designate any other commissioner as acting chairperson 
to act in the place and stead of the chairperson during the 
chairperson's absence.
    ``(b) Sessions of Commission.--
            ``(1) Presiding official.--The chairperson (or the acting 
        chairperson in the absence of the chairperson) shall preside at 
        all sessions of the Commission.
            ``(2) Quorum.--Three members of the Commission shall 
        constitute a quorum for the transaction of business.
            ``(3) Vote.--Each commissioner, including the chairperson, 
        shall have 1 vote.
            ``(4) Majority vote.--Actions of the Commission shall be 
        determined by a majority vote of the members present.
    ``(c) Seal.--The Commission shall have an official seal which shall 
be judicially noticed.

``SEC. 2114. COMMISSION JURISDICTION.

    ``(a) Functions.--The Commission shall--
            ``(1) implement and enforce the provisions of this 
        division; and
            ``(2) promote competition, privacy, national security, and 
        transparency on platforms.
    ``(b) Jurisdiction; Oversight.--The Commission shall have 
jurisdiction and oversight over--
            ``(1) all covered entities, including all platform 
        operators; and
            ``(2) any employee of a covered entity, including a 
        platform operator, who the Commission believes--
                    ``(A) may have violated this division, a rule 
                promulgated under this division, or an administrative 
                order issued under this division; or
                    ``(B) may have knowledge regarding a violation of 
                this division, a rule promulgated under this division, 
                or an administrative order issued under this division.

``SEC. 2115. COMMISSION POWERS.

    ``(a) Investigative Authority.--
            ``(1) Scope.--
                    ``(A) In general.--The Commission may investigate 
                any facts, conditions, practices, or matters that the 
                Commission may find necessary or proper to--
                            ``(i) determine whether any covered entity 
                        (including any platform operator) or any 
                        employee described in section 2114(b)(2) has 
                        violated or is about to violate any provision 
                        of this division, a rule promulgated under this 
                        division, or an administrative order issued 
                        under this division; or
                            ``(ii) aid in--
                                    ``(I) the enforcement of this 
                                division;
                                    ``(II) prescribing rules or 
                                regulations under this division; or
                                    ``(III) obtaining information to 
                                serve as a basis for recommending 
                                further legislation concerning the 
                                matters to which this division relates.
                    ``(B) Statements; publication of information.--The 
                Commission--
                            ``(i) may permit any person, platform, or 
                        platform operator to file with the Commission a 
                        statement in writing under oath or otherwise, 
                        as the Commission shall determine, as to any or 
                        all facts and circumstances concerning a matter 
                        which may be the subject of investigation; and
                            ``(ii) in the discretion of the Commission, 
                        may publish information concerning any subject 
                        of investigation described in clause (i).
            ``(2) Attendance of witnesses and production of 
        documents.--
                    ``(A) In general.--For the purpose of any 
                investigation or any other proceeding under this 
                division, the Commission, or any officer designated by 
                the Commission, may administer oaths and affirmations, 
                subpoena witnesses, compel their attendance, take 
                evidence, and require the production of any books, 
                papers, correspondence, memoranda, contracts, 
                agreements, or other records that the Commission finds 
                relevant or material to the inquiry.
                    ``(B) Location.--The attendance of witnesses and 
                the production of any records described in subparagraph 
                (A) may be required from any place in the United States 
                at any designated place of hearing.
                    ``(C) Witness fees and mileage.--The Commission 
                shall pay witnesses summoned to appear before the 
                Commission the same fees and mileage that are paid 
                witnesses in the courts of the United States.
            ``(3) Resort to courts of united states for failure to obey 
        subpoena; punishment.--
                    ``(A) In general.--In case of contumacy by, or 
                refusal to obey a subpoena issued to, any person, the 
                Commission may invoke the aid of any court of the 
                United States within the jurisdiction of which the 
                investigation or proceeding is carried on, or where the 
                person resides or carries on business, in requiring--
                            ``(i) the attendance and testimony of 
                        witnesses; and
                            ``(ii) the production of books, papers, 
                        correspondence, memoranda, contracts, 
                        agreements, and other records.
                    ``(B) Court order.--
                            ``(i) In general.--A court of the United 
                        States whose aid is invoked under subparagraph 
                        (A) may issue an order requiring the applicable 
                        person to appear before the Commission or a 
                        member or officer designated by the Commission, 
                        there to produce records, if so ordered, or to 
                        give testimony touching the matter under 
                        investigation or in question.
                            ``(ii) Contempt.--A court may punish any 
                        failure to obey an order of the court issued 
                        under clause (i) as a contempt thereof.
                    ``(C) Service of process.--All process in any case 
                under this paragraph may be served in the judicial 
                district whereof the applicable person is an inhabitant 
                or wherever the person may be found or may be doing 
                business.
                    ``(D) Criminal penalty.--
                            ``(i) Offense.--It shall be unlawful for a 
                        person to willfully fail or refuse to attend 
                        and testify or to answer any lawful inquiry or 
                        to produce books, papers, correspondence, 
                        memoranda, contracts, agreements, or other 
                        records, if in the power of the person so to 
                        do, in obedience to a subpoena of the 
                        Commission under this paragraph.
                            ``(ii) Penalty.--Any person who violates 
                        clause (i) shall be fined not more than 
                        $100,000, imprisoned for not more than 1 year, 
                        or both.
            ``(4) Testimony by deposition.--
                    ``(A) Instance of party.--The testimony of any 
                witness may be taken, at the instance of a party, in 
                any proceeding or investigation pending before the 
                Commission, by deposition, at any time after the 
                proceeding is at issue.
                    ``(B) Commission order.--The Commission may order 
                testimony to be taken by deposition in any proceeding 
                or investigation pending before the Commission, at any 
                stage of the proceeding or investigation.
                    ``(C) Person taking deposition.--A deposition under 
                subparagraph (A) or (B) may be taken before any person 
                authorized to administer oaths not being of counsel or 
                attorney to either of the parties, nor interested in 
                the proceeding or investigation.
                    ``(D) Notice.--The party or the party's attorney 
                proposing to take a deposition under subparagraph (A) 
                or (B) shall first give notice in writing to the 
                opposite party or the opposite party's attorney of 
                record, as either may be nearest, which notice shall 
                state the name of the witness and the time and place of 
                the taking of the deposition.
                    ``(E) Compulsion to appear, depose, and produce 
                documentary evidence.--Any person may be compelled to 
                appear and depose, and to produce documentary evidence, 
                in the same manner as witnesses may be compelled to 
                appear and testify and produce documentary evidence 
                before the Commission, as provided in paragraphs (2) 
                and (3).
                    ``(F) Writing.--Testimony in a deposition under 
                subparagraph (A) or (B) shall be reduced to writing by 
                the person taking the deposition, or under the 
                direction of that person, and shall, after the 
                testimony has been reduced to writing, be signed by the 
                deponent.
            ``(5) Deposition of witness in a foreign country.--
                    ``(A) In general.--If a witness whose testimony may 
                be desired to be taken by deposition is in a foreign 
                country, the deposition may be taken before an officer 
                or person designated by the Commission, or agreed upon 
                by the parties by stipulation in writing to be filed 
                with the Commission.
                    ``(B) Filing of depositions.--All depositions taken 
                under subparagraph (A) shall be promptly filed with the 
                Commission.
            ``(6) Deposition fees.--A witness whose deposition is taken 
        as authorized under this subsection, and the person or officer 
        taking the deposition, shall be entitled to the same fees as 
        are paid for like services in the courts of the United States.
    ``(b) Hearings; Rules of Procedure.--
            ``(1) Hearings.--
                    ``(A) In general.--Hearings under this division may 
                be held before the Commission or any representative of 
                the Commission designated by the Commission.
                    ``(B) Records.--The Commission shall keep 
                appropriate records of any hearing described in 
                subparagraph (A).
                    ``(C) Admission of parties.--In any proceeding 
                before it, the Commission, in accordance with any rules 
                that the Commission may prescribe, may admit as a 
                party--
                            ``(i) any interested State, State 
                        commission, or municipality;
                            ``(ii) any representative of interested 
                        consumers or security holders;
                            ``(iii) any competitor of a party to the 
                        proceeding; or
                            ``(iv) any other person whose participation 
                        in the proceeding may be in the public 
                        interest, as determined by the Commission.
            ``(2) Rules of procedure.--
                    ``(A) In general.--The Commission--
                            ``(i) shall adopt rules of practice and 
                        procedure that govern each hearing, 
                        investigation, or proceeding under this 
                        division; and
                            ``(ii) need not apply the Federal Rules of 
                        Evidence in the conduct of a hearing, 
                        investigation, or proceeding under this 
                        division.
                    ``(B) Effect of informalities.--No informality in 
                any hearing, investigation, or proceeding or in the 
                manner of taking testimony shall invalidate any order, 
                decision, or rule issued under the authority of this 
                division.
    ``(c) Administrative Enforcement.--In addition to other orders 
authorized under this division, the Commission may, after providing 
notice and an opportunity for a hearing--
            ``(1) issue an order enjoining a person from engaging in a 
        practice or behavior that violates this division or a rule 
        promulgated under this division;
            ``(2) issue an order imposing a civil penalty on a person 
        for a violation of this division, a rule promulgated under this 
        division, or an administrative order issued under this 
        division, not later than 6 years after the date on which the 
        violation occurs, not to exceed 15 percent of the total annual 
        revenue of the person's ultimate parent entity during the 
        preceding 12-month period;
            ``(3) for any person against which an administrative or 
        judicial order is entered determining that the person engaged 
        in a violation of this division, a rule promulgated under this 
        division, or an administrative order issued under this 
        division, issue an order debarring the person from 
        participating in Federal contracts for a period of not less 
        than 3 and not more than 7 years;
            ``(4) issue an order barring any individual who has 
        violated this division, a rule promulgated under this division, 
        or an administrative order issued under this division from 
        participating as a stockholder, officer, board member, 
        employee, or consultant of an entity in the same market, as 
        determined by the Commission, in which the individual committed 
        the violation;
            ``(5) issue an order imposing personal liability on an 
        individual who is the chief executive officer, chief financial 
        officer, or chief security officer (or the respective 
        equivalents) of a person that has violated this division, a 
        rule promulgated under this division, or an administrative 
        order issued under this division for payment of damages and 
        penalties relating to the violation by the person;
            ``(6) issue an order requiring disgorgement of all ill-
        gotten gains made by engaging in a violation of this division, 
        a rule promulgated under this division, or an administrative 
        order issued under this division; and
            ``(7) issue an order requiring restitution to all parties 
        injured by a violation of this division, a rule promulgated 
        under this division, or an administrative order issued under 
        this division.
    ``(d) Review of Orders.--
            ``(1) Administrative review.--
                    ``(A) Application for rehearing.--
                            ``(i) In general.--Not later than 30 days 
                        after the Commission issues a final order in a 
                        proceeding under this division, any person 
                        aggrieved by the order may apply for a 
                        rehearing.
                            ``(ii) Contents.--An application for 
                        rehearing under clause (i) shall set forth 
                        specifically each ground upon which the 
                        application is based.
                    ``(B) Commission action.--
                            ``(i) In general.--Upon application under 
                        subparagraph (A), the Commission shall--
                                    ``(I) grant or deny rehearing; or
                                    ``(II) abrogate or modify the order 
                                of the Commission without further 
                                hearing.
                            ``(ii) Application deemed denied.--If the 
                        Commission does not act upon an application for 
                        rehearing filed under subparagraph (A) during 
                        the 30-day period beginning on the date of 
                        filing, the application shall be deemed to have 
                        been denied for purposes of paragraph (2)(A).
                    ``(C) Modification of order.--Until the Commission 
                has filed the record in a proceeding in a court of 
                appeals, as provided in paragraph (2), the Commission 
                may at any time, upon reasonable notice and in such 
                manner as the Commission shall determine proper, modify 
                or set aside, in whole or in part, any finding or order 
                made or issued by the Commission under this division.
            ``(2) Judicial review.--
                    ``(A) Petition for review.--A party to a proceeding 
                under this division aggrieved by a final order issued 
                by the Commission in the proceeding may only obtain a 
                review of the order in the United States Court of 
                Appeals for the District of Columbia Circuit, by filing 
                in that court, not later than 60 days after the date on 
                which the Commission disposes of the application for 
                rehearing under paragraph (1), a written petition 
                praying that the order of the Commission be modified or 
                set aside in whole or in part.
                    ``(B) Transmittal to commission.--Upon the filing 
                of a petition under subparagraph (A), the clerk of the 
                United States Court of Appeals for the District of 
                Columbia Circuit shall forthwith transmit a copy of the 
                petition to the Commission.
                    ``(C) Filing of record.--Upon receipt of a copy of 
                a petition under subparagraph (B), 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) Jurisdiction of court.--
                            ``(i) Jurisdiction upon filing of 
                        petition.--Upon the filing of a petition under 
                        subparagraph (A) with respect to an order, the 
                        United States Court of Appeals for the District 
                        of Columbia Circuit shall have jurisdiction to 
                        affirm, modify, or set aside the order in whole 
                        or in part.
                            ``(ii) Exclusive jurisdiction upon filing 
                        of record.--Upon the filing of the record upon 
                        which the order complained of was entered under 
                        subparagraph (C), the United States Court of 
                        Appeals for the District of Columbia Circuit 
                        shall have exclusive jurisdiction to affirm, 
                        modify, or set aside the order in whole or in 
                        part.
                    ``(E) Failure to object during administrative 
                review.--In a review under this paragraph, the United 
                States Court of Appeals for the District of Columbia 
                Circuit may not consider an objection to an order of 
                the Commission unless the objection was urged before 
                the Commission in the application for rehearing under 
                paragraph (1), unless there is reasonable ground for 
                failure to so object.
                    ``(F) Findings of fact.--In a review under this 
                paragraph, the findings of the Commission as to the 
                facts (including definition of relevant markets and 
                market shares), if supported by substantial evidence, 
                shall be conclusive.
                    ``(G) Consideration of additional evidence.--
                            ``(i) In general.--If a party applies to 
                        the United States Court of Appeals for the 
                        District of Columbia Circuit for leave to 
                        adduce additional evidence, and shows to the 
                        satisfaction of the court that the additional 
                        evidence is material and that there were 
                        reasonable grounds for failure to adduce the 
                        evidence in the proceedings before the 
                        Commission, the court may order the additional 
                        evidence to be taken before the Commission and 
                        to be adduced upon the hearing in such manner 
                        and upon such terms and conditions as to the 
                        court may seem proper.
                            ``(ii) Commission actions.--The 
                        Commission--
                                    ``(I) may modify its findings as to 
                                the facts by reason of additional 
                                evidence taken under clause (i); and
                                    ``(II) shall file with the court--
                                            ``(aa) the modified or new 
                                        findings which, if supported by 
                                        substantial evidence, shall be 
                                        conclusive; and
                                            ``(bb) its recommendation, 
                                        if any, for the modification or 
                                        setting aside of the original 
                                        order.
                    ``(H) Judgment and decree of court.--The judgment 
                and decree of the United States Court of Appeals for 
                the District of Columbia Circuit under this paragraph, 
                affirming, modifying, or setting aside, in whole or in 
                part, any order of the Commission, shall be final, 
                subject to review by the Supreme Court of the United 
                States upon writ of certiorari.
            ``(3) Stay of commission's order.--
                    ``(A) Administrative review.--The filing of an 
                application for rehearing under paragraph (1) shall 
                not, unless specifically ordered by the Commission, 
                operate as a stay of the Commission's order.
                    ``(B) Judicial review.--The commencement of 
                proceedings under paragraph (2) shall not, unless 
                specifically ordered by the United States Court of 
                Appeals for the District of Columbia Circuit, operate 
                as a stay of the Commission's order.
    ``(e) Referral of Evidence for Criminal Proceedings.--
            ``(1) Authority.--
                    ``(A) In general.--If the Commission obtains 
                evidence that any person, either domestic or foreign, 
                has engaged in conduct that may constitute a violation 
                of Federal criminal law--
                            ``(i) the Commission may transmit the 
                        evidence to the Attorney General; and
                            ``(ii) the Attorney General may institute 
                        criminal proceedings under any applicable 
                        statute.
                    ``(B) Relation to other authorities.--Nothing in 
                subparagraph (A) shall affect any other authority of 
                the Commission to disclose information.
            ``(2) International information.--The Commission shall 
        endeavor to ensure, with respect to memoranda of understanding 
        and international agreements it may conclude, that material it 
        has obtained from foreign law enforcement agencies acting to 
        investigate or pursue the enforcement of foreign criminal laws 
        may be used for the purpose of investigation, prosecution, or 
        prevention of violations of United States criminal laws.
    ``(f) Independent Litigation Authority.--In addition to the 
administrative enforcement described in subsection (c), if the 
Commission has reason to believe that a covered entity, including a 
platform operator, has engaged in a practice that violates this 
division, a rule promulgated under this division, or an administrative 
order issued under this division, the Commission may bring a civil 
action in an applicable district court of the United States (as 
provided in section 2702) to--
            ``(1) enjoin any further such violation by the covered 
        entity;
            ``(2) enforce compliance with this division, the rule 
        promulgated under this division, or the administrative order 
        issued under this division;
            ``(3) obtain a permanent, temporary, or preliminary 
        injunction;
            ``(4) obtain civil penalties not to exceed 15 percent of 
        the total annual revenue of the ultimate parent entity of the 
        covered entity during the preceding 12-month period;
            ``(5) obtain damages (whether actual, punitive, or 
        otherwise), restitution, disgorgement of unjust enrichment, or 
        other compensation on behalf of aggrieved persons; or
            ``(6) obtain any other appropriate equitable relief.
    ``(g) Monitoring.--
            ``(1) Regulations.--The Commission may--
                    ``(A) promulgate regulations to facilitate 
                monitoring by the Commission to identify violations of 
                this division, rules promulgated under this division, 
                and administrative orders issued under this division; 
                and
                    ``(B) require operators of dominant platforms to 
                prepare plans to prevent or address violations of this 
                division, rules promulgated under this division, and 
                administrative orders issued under this division.
            ``(2) AI techniques.--The regulations described in 
        paragraph (1)(A) may require operators of dominant platforms to 
        file a notice with the Commission regarding computational 
        processes derived from artificial intelligence techniques that 
        are made available to the public.
    ``(h) Reports to Congress.--Not later than 1 year after the date of 
enactment of this division, and semiannually thereafter, the Director, 
in coordination with the commissioners, shall submit to the Committee 
on the Judiciary of the Senate and the Committee on the Judiciary of 
the House of Representatives a report that addresses, at a minimum--
            ``(1) the number of administrative or judicial actions 
        brought by the Commission during the reporting period to 
        enforce this division and the outcome of each such enforcement 
        action;
            ``(2) the number of open investigations or inquiries into 
        potential violations of this division as of the time the report 
        is submitted;
            ``(3) the number and nature of complaints received by the 
        Commission under section 2118 during the reporting period;
            ``(4) an anonymized summary of the complaints received by 
        the Commission under section 2118 for the reporting period;
            ``(5) policy or legislative recommendations to strengthen 
        the enforcement of this division; and
            ``(6) the number of compliance requests and appeals 
        submitted by users to dominant platform operators under 
        subsections (b) and (c), respectively, of section 2201, based 
        on reports received from the dominant platform operators under 
        section 2201(e)(2).

``SEC. 2116. RULEMAKING AUTHORITY.

    ``(a) In General.--In accordance with section 553 of title 5, 
United States Code, the Commission may--
            ``(1) promulgate rules to implement any provision of this 
        division; and
            ``(2) issue such procedural and administrative rules as are 
        necessary to the exercise the functions of the Commission.
    ``(b) Initial Rules.--Not later than 1 year after the date of 
enactment of this division, the Commission shall, in accordance with 
section 553 of title 5, United States Code, promulgate initial rules to 
implement titles II, III, IV, and V of this division.

``SEC. 2117. ADVISORY BOARDS.

    ``(a) Establishment.--The Commission may establish an advisory 
board for a particular subject matter for the purpose of recommending 
rules to implement this division.
    ``(b) Term.--An advisory board established under subsection (a) 
shall have an initial term of 180 days, which may be extended by the 
Commission by not more than 90 days, subject to subsection (g).
    ``(c) Membership.--An advisory board established under subsection 
(a) shall be composed of 15 members approved by the Commission, of 
whom--
            ``(1) 5 shall be representatives of platforms, not more 
        than 2 of whom shall be representatives of dominant platforms;
            ``(2) 5 shall be academics, experts, or public-interest 
        advocates who--
                    ``(A) are not affiliated with commercial 
                enterprises; and
                    ``(B) have expertise in the particular subject 
                matter; and
            ``(3) 5 shall be technical experts in engineering, computer 
        science, or another field determined relevant by the 
        Commission.
    ``(d) Selection.--
            ``(1) Consensus.--Except as provided in paragraph (2), the 
        Commission shall select the members of an advisory board 
        established under subsection (a) by consensus.
            ``(2) Proportional.--If the commissioners are unable to 
        reach consensus regarding the members of an advisory board 
        established under subsection (a), the commissioners shall 
        select the members of the advisory board in proportion to the 
        commissioners' membership in political parties, as follows:
                    ``(A) For each political party represented on the 
                Commission, the commissioners who are members of that 
                political party shall jointly select a number of 
                advisory board members that bears the same relationship 
                to the total number of advisory board members as the 
                number of those commissioners bears to the total number 
                of commissioners.
                    ``(B) Any commissioners who are not members of a 
                political party shall jointly select a number of 
                advisory board members that bears the same relationship 
                to the total number of advisory board members as the 
                number of those commissioners bears to the total number 
                of commissioners.
    ``(e) Employee Status.--A member of an advisory board established 
under subsection (a) shall not be considered an employee of the 
Commission.
    ``(f) Non-Binding Recommendations.--The recommended rules adopted 
by an advisory board established under subsection (a) shall not be 
binding on the Commission.
    ``(g) Meetings.--The Commission shall establish a public schedule 
for an advisory board established under subsection (a), under which the 
advisory board shall meet not less frequently than monthly.
    ``(h) Adoption.--The Commission may, by a majority vote of the 
Commission, adopt any recommended rules adopted by an advisory board 
established under subsection (a).
    ``(i) Required Initial Advisory Boards.--Not later than 60 days 
after the date of enactment of this division, the Commission shall 
establish the following initial advisory boards, the initial terms of 
which may not be extended beyond 180 days:
            ``(1) A competition advisory board for the purpose of 
        recommending rules to implement title III.
            ``(2) A privacy advisory board for the purpose of 
        recommending rules to implement title IV.
            ``(3) A national security and public safety advisory board 
        for the purpose of recommending rules to implement title V.
            ``(4) An artificial intelligence advisory board for the 
        purpose of recommending rules to implement this division as it 
        relates to artificial intelligence.

``SEC. 2118. COMPLAINTS.

    ``(a) In General.--
            ``(1) Establishment of process.--The Commission shall 
        establish a process to receive complaints from the public 
        alleging violations of this division, a rule promulgated under 
        this division, or an administrative order issued under this 
        division.
            ``(2) Management of process.--The Director of the Office of 
        Licensing for Dominant Platforms established under section 2601 
        (in this section referred to as the `Director') shall manage 
        the complaint process established under paragraph (1).
    ``(b) Collecting and Tracking Complaints.--The Director shall--
            ``(1) establish a unit whose functions shall include 
        establishing a single, toll-free telephone number, a website, 
        and a database to facilitate the centralized collection of, 
        monitoring of, and response to complaints described in 
        subsection (a)(1); and
            ``(2) coordinate with the Federal Trade Commission, the 
        Attorney General, and other Federal agencies to route 
        complaints to those agencies, where appropriate.
    ``(c) Confidentiality.--The Director shall--
            ``(1) subject to paragraph (2), make complaints submitted 
        under this section publicly available; and
            ``(2) ensure that the confidentiality of personally 
        identifiable information in the complaints described in 
        paragraph (1) is protected.

                    ``Subtitle B--Dominant Platforms

``SEC. 2121. DOMINANT PLATFORMS.

    ``(a) Definitions.--In this section:
            ``(1) Consumer price index.--The term `Consumer Price 
        Index' means the Consumer Price Index for All Urban Consumers 
        published by the Bureau of Labor Statistics.
            ``(2) Dominant platform.--
                    ``(A) In general.--The term `dominant platform' 
                means a platform that--
                            ``(i) has been designated as a dominant 
                        platform under subsection (c); and
                            ``(ii) meets the requirements under 
                        subparagraph (B) or (C) of this paragraph.
                    ``(B) Platform owned or controlled by publicly 
                traded company.--The requirements under this 
                subparagraph are that the platform--
                            ``(i) is owned or controlled by a person 
                        that--
                                    ``(I) is a publicly traded company; 
                                and
                                    ``(II) is a critical trading 
                                partner for the sale or provision of 
                                any product or service offered on or 
                                directly related to the platform; and
                            ``(ii)(I) at any point during the 12-month 
                        period preceding a designation under subsection 
                        (c) or the 12-month period preceding an alleged 
                        violation of this division, a rule promulgated 
                        under this division, or an administrative order 
                        issued under this division, had not fewer 
                        than--
                                    ``(aa) 50,000,000 United States-
                                based monthly active users; or
                                    ``(bb) 100,000 United States-based 
                                monthly active business users; and
                            ``(II) during--
                                    ``(aa) the 2-year period preceding 
                                a designation under subsection (c) or 
                                the 2-year period preceding an alleged 
                                violation of this division, a rule 
                                promulgated under this division, or an 
                                administrative order issued under this 
                                division--
                                            ``(AA) at any point, was 
                                        owned or controlled by a person 
                                        with United States net annual 
                                        sales of greater than 
                                        $550,000,000,000, adjusted for 
                                        inflation on the basis of the 
                                        Consumer Price Index; or
                                            ``(BB) during any 180-day 
                                        period during the 2-year 
                                        period, had an average market 
                                        capitalization greater than 
                                        $550,000,000,000, adjusted for 
                                        inflation on the basis of the 
                                        Consumer Price Index; or
                                    ``(bb) at any point during the 12-
                                month period preceding a designation 
                                under subsection (c) or at any point 
                                during the 12-month period preceding an 
                                alleged violation of this division, a 
                                rule promulgated under this division, 
                                or an administrative order issued under 
                                this division, had not fewer than 
                                1,000,000,000 worldwide monthly active 
                                users.
                    ``(C) Platform not owned or controlled by publicly 
                traded company.--The requirements under this 
                subparagraph are that the platform--
                            ``(i) is owned or controlled by a person 
                        that--
                                    ``(I) is not a publicly traded 
                                company; and
                                    ``(II) is a critical trading 
                                partner for the sale or provision of 
                                any product or service offered on or 
                                directly related to the platform; and
                            ``(ii)(I) at any point during the 12-month 
                        period preceding a designation under subsection 
                        (c) or the 12-month period preceding an alleged 
                        violation of this division, a rule promulgated 
                        under this division, or an administrative order 
                        issued under this division, had not fewer 
                        than--
                                    ``(aa) 25,000,000 United States-
                                based monthly active users; or
                                    ``(bb) 75,000 United States-based 
                                monthly active business users; and
                            ``(II) at any point--
                                    ``(aa) during the 2-year period 
                                preceding a designation under 
                                subsection (c) or the 2-year period 
                                preceding an alleged violation of this 
                                division, a rule promulgated under this 
                                division, or an administrative order 
                                issued under this division, was owned 
                                or controlled by a person with assets 
                                or earnings, before interest, taxes, 
                                depreciation, and amortization, in the 
                                previous fiscal year of greater than 
                                $30,000,000,000, adjusted for inflation 
                                on the basis of the Consumer Price 
                                Index; or
                                    ``(bb) during the 12-month period 
                                preceding a designation under 
                                subsection (c) or the 12-month period 
                                preceding an alleged violation of this 
                                division, a rule promulgated under this 
                                division, or an administrative order 
                                issued under this division, had not 
                                fewer than 1,000,000,000 worldwide 
                                monthly active users.
            ``(3) Publicly traded company.--The term `publicly traded 
        company'--
                    ``(A) means any company whose principal class of 
                shares--
                            ``(i) is listed on a stock exchange; and
                            ``(ii) can be readily purchased or sold by 
                        the public; and
                    ``(B) includes all subsidiaries of a company 
                described in subparagraph (A).
    ``(b) Affirmative Duty To Report.--
            ``(1) In general.--Not later than December 31st of each 
        calendar year that begins after the date of enactment of this 
        division, a platform operator described in paragraph (2) shall 
        report to the Commission, for each platform that the operator 
        operates--
                    ``(A) the number of unique monthly visitors based 
                in the United States that visited the platform each 
                month of that calendar year; and
                    ``(B) any other information that the Commission may 
                require.
            ``(2) Platform operators required to report.--A platform 
        operator described in this paragraph is a platform operator 
        that--
                    ``(A) owns or controls a platform that had not 
                fewer than 25,000,000 unique monthly visitors based in 
                the United States for a majority of months during the 
                preceding 6 months; or
                    ``(B) has United States net annual sales or a 
                market capitalization greater than $250,000,000,000, 
                adjusted annually for inflation based on the change in 
                the Consumer Price Index.
    ``(c) Designation.--
            ``(1) Official designation through publication.--Subject to 
        paragraph (3), the Commission shall officially designate a 
        platform that meets the requirements under subparagraph (B) or 
        (C) of subsection (a)(2) as a dominant platform by publishing 
        the designation in the Federal Register.
            ``(2) Duration of designation.--The designation of a 
        platform as a dominant platform under paragraph (1) shall apply 
        indefinitely, regardless of whether there is a change in 
        control or ownership of the platform, unless the Commission 
        removes the designation under subsection (d).
            ``(3) Rules.--The Commission may, as the Commission 
        determines appropriate, promulgate rules to--
                    ``(A) adjust a numeric threshold in subsection (a) 
                or (b), provided that the Commission may not adjust any 
                numeric threshold below the value in the applicable 
                subsection; or
                    ``(B) define additional characteristics that a 
                platform must have in order to be designated as a 
                dominant platform under paragraph (1).
    ``(d) Removal of Dominant Platform Designation.--
            ``(1) Request.--If a platform designated as a dominant 
        platform under subsection (c) ceases to meet the qualifications 
        for such a designation, the operator of the platform may submit 
        to the Commission a request for removal of the designation, 
        along with evidence that the platform no longer so qualifies.
            ``(2) Determination.--
                    ``(A) In general.--Not later than 120 days after 
                receiving a request under paragraph (1), the Commission 
                shall determine whether to grant the request.
                    ``(B) Denied requests.--The denial under 
                subparagraph (A) of a request submitted under paragraph 
                (1) shall be treated as an order subject to review 
                under section 2115(d).
    ``(e) Avoidance.--
            ``(1) In general.--It shall be unlawful for an operator of 
        a platform to take any action to intentionally avoid having the 
        platform meet the qualifications for designation as a dominant 
        platform.
            ``(2) Rules.--The Commission may promulgate rules to 
        clarify actions that constitute a violation of paragraph (1).

                    ``TITLE II--TRANSPARENCY REFORM

``SEC. 2201. TRANSPARENCY PRACTICES AND APPEAL RIGHTS.

    ``(a) Transparency.--
            ``(1) In general.--With respect to products and services 
        offered through a dominant platform, the operator of the 
        dominant platform--
                    ``(A) shall make publicly available, through clear 
                and conspicuous disclosure, the dominant platform's 
                terms of service, which shall include the criteria the 
                operator employs in content-moderation practices;
                    ``(B) shall implement and maintain reasonable and 
                user-friendly appeals processes for decisions about 
                content restrictions on the dominant platform, in 
                accordance with subsection (c);
                    ``(C) if the operator restricts access to content 
                published by a user of the dominant platform (including 
                by blocking, deleting, or restricting access to a post 
                or link, limiting the reach of a post or the user, 
                deplatforming or suspending the user or the posts of 
                the user, or excluding or deprioritizing posts or other 
                materials of the user from search results), shall, 
                except as provided in paragraph (2), provide the user 
                with a notice, as soon as is reasonably practical, and 
                not later than 24 hours after restricting access, 
                that--
                            ``(i) acknowledges that the action was 
                        taken and provides the justification for the 
                        action, with reference to the terms of service 
                        of the dominant platform; and
                            ``(ii) clearly explains the process by 
                        which the user may appeal the decision, 
                        including the deadline to submit the appeal; 
                        and
                    ``(D) not later than 7 days after the date on which 
                the operator receives a request from a user under 
                subsection (b) to remove content, if the operator does 
                not remove the content, shall provide the user with a 
                notice that--
                            ``(i) acknowledges the refusal to remove 
                        the content and provides the justification for 
                        the refusal; and
                            ``(ii) clearly explains the process by 
                        which the user may appeal the decision, 
                        including the deadline to submit the appeal.
            ``(2) Exceptions to notice requirement.--The requirement to 
        issue a notice under paragraph (1)(C) shall not apply if--
                    ``(A) that notice would risk imminent harm to 
                others;
                    ``(B) the operator reasonably believes that the 
                material relates to terrorism, including domestic 
                terrorism, or other criminal activity, provided that 
                such lack of notice does not discriminate on the basis 
                of a protected class; or
                    ``(C) a law enforcement agency requests that the 
                notice not be made and provides a substantive 
                justification for that request.
    ``(b) Compliance Requests.--If a user of a dominant platform 
believes the operator of the dominant platform is in violation of its 
terms of service, the user may request that the operator comply with 
the terms of service.
    ``(c) Appeals to Operators of Dominant Platforms.--If an operator 
of a dominant platform issues a notice required by subparagraph (C) or 
(D) of subsection (a)(1), the operator shall provide an appeals process 
that meets the following requirements:
            ``(1) A user may request an appeal through an `opt-in' 
        option that--
                    ``(A) does not require the user to provide 
                additional information; and
                    ``(B) is available immediately following issuance 
                of the notice.
            ``(2) Not later than 7 days after the date on which the 
        user requests an appeal as described in paragraph (1), the 
        operator shall provide the user with--
                    ``(A) a statement describing with particularity the 
                reasonable factual basis for the decision that 
                triggered the notice requirement, including by citing 
                each specific provision of the terms of service or 
                other policy upon which the decision was based; and
                    ``(B) an opportunity, for a period of not fewer 
                than 30 days beginning immediately after provision of 
                the statement under subparagraph (A), to present 
                reasons for which the operator should reverse its 
                decision.
            ``(3) The operator shall make a final determination on the 
        appeal not later than 7 days after the date on which the user 
        presents reasons under paragraph (2)(B).
    ``(d) Complaints to the Commission.--
            ``(1) Complaints.--
                    ``(A) In general.--A user who is subject to an 
                adverse final decision from an operator of a dominant 
                platform under subsection (c) may submit a complaint to 
                the Commission regarding a violation of subsection (a) 
                or (c).
                    ``(B) Limit.--A user may not submit more than 1 
                complaint under subparagraph (A) per alleged violation.
            ``(2) Compliance.--The Commission, after providing notice 
        and an opportunity for a hearing to the relevant parties, may--
                    ``(A) issue an order requiring an operator of a 
                dominant platform in violation of subsection (a) or (c) 
                to comply with the applicable subsection; and
                    ``(B) impose a civil penalty on an operator of a 
                dominant platform for a violation described in 
                subparagraph (A), in accordance with section 
                2115(c)(2).
    ``(e) Record-Keeping; Reports to Commission.--
            ``(1) Records.--
                    ``(A) In general.--An operator of a dominant 
                platform shall keep a record of each--
                            ``(i) compliance request regarding a 
                        violation of terms of service submitted by a 
                        user under subsection (b);
                            ``(ii) instance in which the operator does 
                        not provide a notice under paragraph (1)(C) of 
                        subsection (a) in accordance with an exception 
                        under paragraph (2) of that subsection, 
                        including a specification of the applicable 
                        exception; and
                            ``(iii) appeal submitted by a user under 
                        subsection (c).
                    ``(B) Contents.--A record described in subparagraph 
                (A) shall--
                            ``(i) describe the disposition of the 
                        compliance request or appeal by an operator of 
                        a dominant platform; and
                            ``(ii) categorize the subject matter of the 
                        compliance request or appeal in accordance with 
                        rules developed by the Commission.
            ``(2) Reports to commission.--In accordance with rules 
        promulgated by the Commission, on a quarterly and annual basis, 
        an operator of a dominant platform shall submit to the 
        Commission a report that--
                    ``(A) details the number of compliance requests and 
                appeals described in paragraph (1)(A) that were 
                submitted to the operator during the reporting period;
                    ``(B) categorizes the nature of each compliance 
                request or appeal described in subparagraph (A);
                    ``(C) describes the disposition of each compliance 
                request or appeal described in subparagraph (A); and
                    ``(D) provides, for each exception under paragraph 
                (2) of subsection (a), the number of times the operator 
                did not provide a notice under paragraph (1)(C) of that 
                subsection in accordance with that exception.

``SEC. 2202. BEST PRACTICES.

    ``The Commission shall establish a standardized policy that 
operators of dominant platforms can adopt regarding content moderation 
and appeals of content-moderation decisions that complies with 
subsections (a) and (b) of section 2201.

                    ``TITLE III--COMPETITION REFORM

                     ``Subtitle A--Antitrust Review

``SEC. 2311. ABUSES OF DOMINANCE.

    ``(a) Definitions.--In this section:
            ``(1) No-poach agreement.--The term `no-poach agreement' 
        means any agreement between 2 or more employers, including 
        contractor-subcontractor agreements, whether written, verbal, 
        or inferred, that prohibits or restricts one employer from 
        soliciting or hiring the employees or former employees of 
        another employer.
            ``(2) Noncompete agreement.--The term `noncompete 
        agreement' means an agreement, entered into between a person 
        and any individual who performs work for the person that 
        restricts the individual from performing, after the 
        relationship for providing work terminates, any of the 
        following:
                    ``(A) Any work for another employer for a specified 
                period of time.
                    ``(B) Any work in a specific geographical area.
                    ``(C) Any work for another employer that is similar 
                to the work performed by the individual for the person.
            ``(3) Predispute arbitration agreement.--The term 
        `predispute arbitration agreement' means an agreement to 
        arbitrate a dispute that has not yet arisen at the time of the 
        making of the agreement.
            ``(4) Predispute class-action waiver.--The term `predispute 
        class-action waiver' means an agreement, whether or not part of 
        a predispute arbitration agreement, that would prohibit, or 
        waive the right of, one of the participants to the agreement to 
        participate in a joint, class, or collective action in a 
        judicial, arbitral, administrative, or other forum, concerning 
        a dispute that has not yet arisen at the time of the making of 
        the agreement.
            ``(5) Self-preferencing.--The term `self-preferencing' 
        means, with respect to an operator of a dominant platform--
                    ``(A) advantaging the products, services, or lines 
                of business of the operator on the platform over the 
                products, services, or lines of business of another 
                business user;
                    ``(B) excluding or disadvantaging the products, 
                services, or lines of business of another business user 
                relative to the products, services, or lines of 
                business of the operator;
                    ``(C) interfering with or restricting the ability 
                of any business user of the platform to set prices for 
                its products or services, whether or not those products 
                or services are offered on the platform; or
                    ``(D) conditioning access to the platform or 
                preferred status or placement on the platform on the 
                purchase or use of other products or services offered 
                by the covered platform operator.
            ``(6) Tying arrangements.--The term `tying arrangement' 
        means any agreement, including an agreement that is written, 
        verbal, or inferred from conduct, through which the seller 
        conditions the sale of 1 product, service, or contract on the 
        agreement of a customer to purchase or obtain another distinct 
        product, service, or contract.
            ``(7) Undue discrimination.--The term `undue 
        discrimination' means--
                    ``(A) making or granting any preference or 
                advantage to any person or subjecting any person to any 
                undue prejudice or disadvantage when compared to 
                similarly situated customers, suppliers, users, or 
                trading partners; or
                    ``(B) maintaining any difference in prices, rates, 
                charges, services, facilities, access, terms of 
                service, licenses, contractual terms, or any other 
                aspect among similarly situated customers, suppliers, 
                users, or trading partners.
    ``(b) Prohibition.--It shall be unlawful for any operator of a 
dominant platform to abuse, or attempt to abuse, its dominance or 
otherwise engage in conduct that harms competition or creates or helps 
maintain an unfair method of competition, a monopoly, or a monopsony, 
regardless of any alleged procompetitive benefits or efficiencies.
    ``(c) Presumptive Violations.--The following practices by an 
operator of a dominant platform shall constitute presumptive violations 
of subsection (b):
            ``(1) Undue discrimination.
            ``(2) Tying arrangements.
            ``(3) Self-preferencing.
            ``(4) Predispute arbitration agreements or predispute 
        class-action waivers with users, customers, trading partners, 
        or employees.
            ``(5) Noncompete agreements, except in the case of a 
        legitimate acquisition or sale of a business or assets.
            ``(6) No-poach agreements.
    ``(d) Rebuttal.--A defendant may rebut a violation of subsection 
(b), including the presumptive violations described in subsection (c), 
with clear and convincing evidence that the alleged practice did not 
result in any harm to the relevant aggrieved party.
    ``(e) Rulemaking.--The Commission may promulgate rules to--
            ``(1) further define the presumptive violations listed in 
        subsection (c); or
            ``(2) identify and define additional practices that 
        constitute presumptive violations of subsection (b).

``SEC. 2312. PLATFORM CONFLICTS OF INTEREST.

    ``(a) Prohibition.--It shall be unlawful for any operator of a 
dominant platform to maintain, or engage in any action that creates, a 
platform conflict of interest.
    ``(b) Remedy.--The Commission or a court, as applicable, may issue 
an order requiring an operator of a dominant platform to eliminate any 
platform conflict of interest by implementing--
            ``(1) divestitures, which, to the extent practicable, shall 
        be specified, standalone business units or lines; and
            ``(2) other actions necessary to eliminate the platform 
        conflict of interest.
    ``(c) Rulemaking.--The Commission may promulgate rules--
            ``(1) to further define critical trading partners, the 
        prohibition in subsection (a) or the remedy in subsection (b); 
        or
            ``(2) as it determines appropriate to carry out this 
        section.

``SEC. 2313. FUTURE ACQUISITIONS.

    ``(a) Notification.--Any operator of a dominant platform required 
to file a notification under section 7A of division A shall 
simultaneously file that notification with the Commission.
    ``(b) Violation.--
            ``(1) In general.--Except as provided in paragraph (2), it 
        shall be unlawful for an operator of a dominant platform to 
        acquire, directly or indirectly, the whole or any part of the 
        stock, other share capital, or assets of (or to be acquired by) 
        another person engaged in commerce or in any activity affecting 
        commerce unless the parties to the acquisition demonstrate, by 
        clear and convincing evidence, that the acquisition would serve 
        the public interest.
            ``(2) Exclusion.--Paragraph (1) shall not apply to any 
        acquisition that is not subject to section 7A of division A.
    ``(c) Order.--Not later than the end of the 120-day period 
beginning on the date on which the notification described in subsection 
(a) is filed with the Commission, the Commission shall, after providing 
notice and an opportunity for a hearing to the parties of an 
acquisition described in subsection (a), issue an order barring the 
consummation of the acquisition if the Commission determines that the 
parties to the acquisition failed to demonstrate that the acquisition 
would serve the public interest.
    ``(d) Standards Regarding the Public Interest.--
            ``(1) In general.--For the purposes of this section, 
        effects on the public interest include effects on--
                    ``(A) competition;
                    ``(B) workers;
                    ``(C) consumers;
                    ``(D) customer choice;
                    ``(E) sellers;
                    ``(F) local, rural, or low-income communities;
                    ``(G) privacy;
                    ``(H) national security or public safety;
                    ``(I) quality;
                    ``(J) entrepreneurship;
                    ``(K) innovation;
                    ``(L) price; or
                    ``(M) accessibility of goods or services.
            ``(2) Inherent harms.--In addition to other effects that 
        may be assessed when evaluating an acquisition for which any 
        party (or its ultimate parent entity) is the operator of a 
        dominant platform, the acquisition would not serve the public 
        interest if--
                    ``(A) another party to the acquisition offers 
                overlapping, competing, or functionally equivalent 
                services or products;
                    ``(B) another party to the acquisition is a 
                critical trading partner in the supply chains or 
                business ecosystems of the parties; or
                    ``(C) the acquisition would create a platform 
                conflict of interest.
            ``(3) Potential harms.--In addition to other effects that 
        may be assessed when evaluating an acquisition for which any 
        party (or its ultimate parent entity) is the operator of a 
        dominant platform, it may be determined that the acquisition 
        would not serve the public interest if--
                    ``(A) the acquisition would result in a 
                postacquisition market share of greater than 33 percent 
                of any relevant market (including labor markets);
                    ``(B) the acquisition would--
                            ``(i) result in a Herfindahl-Hirschman 
                        Index greater than 1,800 in any relevant 
                        market; and
                            ``(ii) increase the Herfindahl-Hirschman 
                        Index by more than 100 in any relevant market; 
                        or
                    ``(C) the acquisition would result in an 
                aggregation of data or access to data in a matter that 
                harms the competitive process or creates or helps 
                maintain a monopoly, a monopsony, market power, or 
                unfair methods of competition.
    ``(e) Nonreportable Acquisitions.--Nothing in this section shall 
prevent the Commission from barring the consummation of--
            ``(1) any acquisition for which the operator of a dominant 
        platform is not required to file a notification under section 
        7A of division A if the Commission determines that the 
        acquisition would not serve the public interest; or
            ``(2) any acquisition that would result in a dominant 
        platform if the Commission determines that the acquisition 
        would not serve the public interest.

``SEC. 2314. RETROSPECTIVE REVIEWS.

    ``(a) In General.--The Commission may retrospectively review any 
acquisition--
            ``(1) consummated by the operator of a dominant platform; 
        or
            ``(2) that resulted in a dominant platform.
    ``(b) Material Harm to the Public Interest.--If, after the review 
under subsection (a), the Commission determines that the acquisition 
materially harmed the public interest, the Commission, as applicable, 
may order a remedy to improve the public interest, restore competition, 
or otherwise address the anticompetitive or harmful impacts of the 
acquisition, including--
            ``(1) unwinding the acquisition; or
            ``(2) requiring that the acquiring person make 
        divestitures, which, to the extent practicable, shall be 
        specified, standalone business units or lines.
    ``(c) Standards Regarding Material Harm to the Public Interest.--
For the purposes of this section, in addition to other effects on the 
public interest that may be assessed (including those described in 
section 313), an acquisition described in subsection (a) materially 
harms the public interest under subsection (b) if--
            ``(1) the operator of a dominant platform acquired a 
        critical trading partner;
            ``(2) the acquisition resulted in a postacquisition market 
        share of greater than 50 percent of any relevant market 
        (including labor markets); or
            ``(3) the acquisition--
                    ``(A) resulted in a Herfindahl-Hirschman Index 
                greater than 2,500 in any relevant market; and
                    ``(B) increased the Herfindahl-Hirschman Index by 
                more than 200 in any relevant market.

``SEC. 2315. ADDITIONAL REMEDIES.

    ``(a) In General.--The Commission may investigate any platform 
operator for violations of this title and order remedies, including 
structural, behavioral, or other remedies, to restore competition.
    ``(b) Divestitures.--The Commission may order divestitures, which, 
to the extent practicable, shall be specified, standalone business 
units or lines, with respect to any previously completed acquisition to 
which a platform operator was a party.
    ``(c) Divestiture Buyers.--The Commission shall approve any 
proposed divestiture buyer unless the Commission determines that--
            ``(1) selling the divested assets to the proposed buyer 
        would harm the public interest;
            ``(2) the proposed buyer does not have a material incentive 
        to use the divested assets to compete in the relevant market; 
        or
            ``(3) the proposed buyer lacks the sufficient acumen, 
        experience, or financial capability to compete in the relevant 
        market over the long term or is otherwise unlikely to do so 
        based on the historical activity of the buyer.

``SEC. 2316. CONTRACTUAL TRANSPARENCY.

    ``The Commission may promulgate rules that require operators of 
dominant platforms to file with the Commission or make publicly 
available, in such forms as the Commission may designate, certain 
pricing or other contractual terms, including pricing terms for 
business users of the dominant platform.

``SEC. 2317. PROHIBITION ON ABUSIVE ACTS OR PRACTICES.

    ``(a) Declaration of Unlawfulness.--An abusive act or practice 
committed by a covered entity is unlawful.
    ``(b) Abusive Act or Practice Defined.--
            ``(1) In general.--For purposes of this section, the term 
        `abusive act or practice' means any conduct that--
                    ``(A) materially interferes with the ability of a 
                user of a platform owned or controlled by a covered 
                entity to understand a term, condition, benefit, or 
                consequence of an agreement between the covered entity 
                and the user; or
                    ``(B) takes unreasonable advantage of--
                            ``(i) a lack of understanding on the part 
                        of a user of a platform owned or controlled by 
                        a covered entity of the material risks, costs, 
                        or conditions of a product or service offered 
                        by the covered entity;
                            ``(ii) the inability of a user of a 
                        platform owned or controlled by a covered 
                        entity to protect the interests of the user in 
                        selecting or using a product or service of the 
                        covered entity; or
                            ``(iii) the reasonable reliance by a user 
                        of a platform owned or controlled by a covered 
                        entity on the representation of the covered 
                        entity to act in the best interests of the 
                        user.
            ``(2) Commission enforcement.--The Commission may 
        promulgate rules to further define the term `abusive act or 
        practice' for purposes of this section.

``SEC. 2318. DATA BROKERS.

    ``An operator of a dominant platform may not, for monetary or other 
consideration, sell, resell, license, or trade to a data broker 
personal data, except in accordance with other laws permitting 
disclosure of personal data and rules promulgated by the Commission to 
implement this section.

          ``Subtitle B--Data Portability and Interoperability.

``SEC. 2321. DATA PORTABILITY AND INTEROPERABILITY.

    ``(a) Data Portability.--An operator of a dominant platform, with 
respect to the dominant platform, shall maintain a set of interfaces 
that are transparent and accessible to third parties (including 
application programming interfaces) to provide a user (or a third party 
authorized by a user), upon the request of the user (or such a third 
party) and free of charge, with effective portability of data provided 
by the user or generated through the activity of the user in the 
context of the use of the relevant core platform service of the 
dominant platform, including by providing free of charge tools to 
facilitate the effective exercise of that data portability.
    ``(b) Interoperability.--An operator of a dominant platform, with 
respect to the dominant platform, shall, free of charge--
            ``(1) allow a business user, provider of services, provider 
        of ancillary services, or provider of hardware access to and 
        interoperability with the same hardware features and software 
        features accessed or controlled via an operating system that 
        are available to services on the dominant platform or hardware 
        provided by the operator;
            ``(2) provide a business user (or a third party authorized 
        by a business user), upon the request of the business user (or 
        such a third party), with continuous and real-time access and 
        use of aggregated and non-aggregated data, that is provided for 
        or generated in the context of the use of the relevant core 
        platform services of the dominant platform or ancillary 
        services offered by the dominant platform to the business user 
        and each end user engaging with a product or service provided 
        by the business user; and
            ``(3) provide, at the request of a business user, the 
        possibility and necessary tools to access and analyze data on 
        the dominant platform without a transfer from the dominant 
        platform.
    ``(c) Security Measures.--Nothing in subsection (a) or (b) shall be 
construed to prohibit an operator of a dominant platform from taking 
indispensable measures, duly justified by the operator, to ensure that 
data portability and interoperability do not--
            ``(1) compromise the integrity of the operating system, 
        hardware features, or software features provided by the 
        operator; or
            ``(2) undermine end-user data protection or cyber security.

                      ``Subtitle C--Miscellaneous

``SEC. 2331. RULE OF CONSTRUCTION.

    ``Nothing in this title shall be construed to limit liability under 
the Federal Trade Commission Act (15 U.S.C. 12 et seq.) or the 
antitrust laws, as defined in section 1(a) of division A.

                       ``TITLE IV--PRIVACY REFORM

         ``Subtitle A--Covered Entity Duties and Requirements.

``SEC. 2411. DUTY OF LOYALTY.

    ``A covered entity may not process personal data or design 
information technologies in a way that substantially conflicts with the 
best interests of a person with respect to--
            ``(1) the experience of the person when using a platform 
        owned or controlled by the covered entity; or
            ``(2) the personal data of the person.

``SEC. 2412. DUTY OF CARE.

    ``(a) In General.--A covered entity may not design or employ 
services or algorithms, or process, collect, store, or transfer 
personal data, in a manner that causes or is likely to cause any of the 
following:
            ``(1) Physical, economic, relational, or reputational 
        injury to a person.
            ``(2) Psychological injuries that would be highly offensive 
        to a reasonable person.
            ``(3) Discrimination on the basis of a person's or class of 
        persons' actual or perceived race, color, ethnicity, sex 
        (including sexual orientation, gender identity, and sex 
        characteristics), religion, national origin, familial status, 
        biometric information, or disability status.
            ``(4) Discrimination regarding a decision that produces a 
        legal effect or similarly significant effect concerning a 
        person.
    ``(b) Definition.--For purposes of subsection (a)(4), the term 
`decision that produces a legal effect or similarly significant effect 
concerning a person' includes denial or degradation of consequential 
services or support, such as financial or lending services, housing, 
insurance, educational enrollment, criminal justice, employment 
opportunities, health care services, and access to basic necessities, 
such as food and water.
    ``(c) Exceptions.--Subsection (a) shall not apply to--
            ``(1) the design or employment of services or algorithms, 
        or the processing, collecting, storing, or transferring of 
        personal data, for the purpose of--
                    ``(A) a covered entity's self-testing to prevent or 
                mitigate unlawful discrimination;
                    ``(B) diversifying an applicant, participant, or 
                customer pool; or
                    ``(C) providing resources for the prevention of 
                harm, consistent with evidence-based medical 
                information; or
            ``(2) any private club or group not open to the public, as 
        described in section 201(e) of the Civil Rights Act of 1964 (42 
        U.S.C. 2000a(e)).

``SEC. 2413. DUTY OF MITIGATION.

    ``(a) In General.--A covered entity shall mitigate the heightened 
risks of physical, emotional, developmental, or material harms posed by 
materials on, or engagement with, any platform owned or controlled by 
the covered entity, including--
            ``(1) promotion of self-harm and other matters that pose a 
        risk to physical and mental health consistent with evidence-
        based medical information;
            ``(2) patterns of use that indicate or encourage addiction-
        like behaviors;
            ``(3) physical harm, online bullying, and harassment; and
            ``(4) predatory, unfair, or deceptive marketing practices.
    ``(b) Safeguards.--A covered entity shall--
            ``(1) provide a user of a platform owned or controlled by 
        the covered entity with readily accessible and easy-to-use 
        safeguards to control the experience and personal data of the 
        user, including settings to--
                    ``(A) limit the ability of other persons to contact 
                or find the user;
                    ``(B) prevent other persons from viewing the 
                personal data of the user that is collected by the 
                covered entity or shared on the platform, and in 
                particular restrict public access to that personal 
                data;
                    ``(C) limit features that increase, sustain, or 
                extend use of the platform, such as automatic playing 
                of media, rewards for time spent on the platform, and 
                notifications;
                    ``(D) opt out of algorithmic recommendation systems 
                that use personal data;
                    ``(E) delete the user's account and request removal 
                of personal data;
                    ``(F)(i) restrict the sharing of the geolocation of 
                the user; and
                    ``(ii) provide notice regarding the tracking of the 
                geolocation of the user; and
                    ``(G) limit time spent by the user on the platform; 
                and
            ``(2) by default, set the safeguards provided under 
        paragraph (1) at the most protective setting.

``SEC. 2414. DUTY OF CONFIDENTIALITY; DATA COLLECTION AND PROCESSING.

    ``(a) Requirement for a Legitimate Basis for Processing Data.--A 
covered entity may only process the personal data of a person if 1 or 
more of the following applies:
            ``(1) Processing is necessary--
                    ``(A) for the performance of a contract to which 
                the person is party; or
                    ``(B) in order to take steps at the request of the 
                person before entering into a contract.
            ``(2) Processing is necessary for compliance with a legal 
        obligation to which the covered entity is subject.
            ``(3) Processing is necessary in order to protect the vital 
        interests of the person or another individual.
            ``(4) Processing is necessary for the performance of a task 
        carried out in the public interest or in the exercise of 
        official authority vested in the covered entity.
            ``(5) Processing is necessary for the purposes of the 
        legitimate interests pursued by the covered entity, unless 
        those interests are overridden by the interests (including 
        constitutional rights, civil rights, and civil liberties) of 
        the person that require protection of personal data, in 
        particular if the person is a child.
    ``(b) Purpose Limitation Requirement.--A covered entity--
            ``(1) shall articulate to a person through clear and 
        conspicuous disclosure a specific, explicit, and legitimate 
        purpose for any processing of personal data of the person; and
            ``(2) may not process personal data in a manner that is 
        incompatible with the purpose articulated under paragraph (1).
    ``(c) Data Minimization Requirement.--A covered entity shall ensure 
that all personal data that the covered entity collects and processes 
is adequate, relevant, and limited to what is necessary in relation to 
the purposes for which the covered entity processes the personal data.
    ``(d) Accuracy Requirement.--A covered entity shall--
            ``(1) ensure that personal data that the covered entity 
        maintains regarding a person is accurate;
            ``(2) where necessary, keep the personal data described in 
        paragraph (1) up-to-date; and
            ``(3) take every reasonable step to erase or rectify 
        without delay any personal data that the covered entity 
        maintains regarding a person that is inaccurate.
    ``(e) Storage Limitation Requirement.--A covered entity shall 
ensure that personal data that the covered entity maintains regarding a 
person is kept in a form that permits identification of data subjects 
for no longer than is necessary for the purposes for which the data is 
processed.
    ``(f) Governmental Entities.--A covered entity may not transfer to, 
share with, or otherwise provide or make available to any governmental 
entity personal data absent a search warrant, except in accordance with 
rules promulgated by the Commission to implement this section.
    ``(g) Rulemaking.--The Commission shall promulgate rules to 
implement this section and to protect the confidentiality of personal 
data.

``SEC. 2415. LIMITATIONS ON TARGETED ADVERTISING.

    ``(a) Prohibited Cross-Platform Targeted Advertising.--A covered 
entity that is an operator of a platform may not target advertising to 
a user of the platform based on the user's personal data obtained from 
the user's activity across other, distinctly branded platforms.
    ``(b) Permissible Targeted Advertising.--A covered entity that is 
an operator of a platform may target advertising to a user of the 
platform--
            ``(1) based on the user's first-party personal data 
        obtained from the user's activity on that platform; or
            ``(2) in response to the user's request for information or 
        feedback.

``SEC. 2416. RIGHTS OF DATA SUBJECTS TO ACCESS, CORRECTION, 
              PORTABILITY, AND DELETION.

    ``(a) Access to and Portability of Personal Data.--A person shall 
have the right to--
            ``(1) access all personal data of the person that is 
        processed by a covered entity;
            ``(2) access all information pertaining to the collection 
        and processing of the personal data of the person by a covered 
        entity, including--
                    ``(A) where, or from whom, the covered entity 
                obtained the personal data, such as whether the 
                personal data was obtained--
                            ``(i) from the person or a third party; and
                            ``(ii) online or offline;
                    ``(B) the types of third parties to which the 
                covered entity has disclosed or will disclose the 
                personal data;
                    ``(C) the purposes of the processing;
                    ``(D) the categories of the personal data;
                    ``(E) the names of third parties to which the 
                covered entity has disclosed the personal data and a 
                log showing when the disclosure occurred; and
                    ``(F) the period of retention of the personal data;
            ``(3) obtain any personal data of the person that has been 
        processed by a covered entity in a structured, readily usable, 
        portable, and machine-readable format;
            ``(4) with respect to personal data of the person that is 
        stored by a covered entity, transmit or cause the covered 
        entity to transmit the personal data to another covered entity, 
        where technically feasible; and
            ``(5) request that a covered entity stop collecting and 
        processing the personal data of the person.
    ``(b) Correction and Deletion of Personal Data.--A person shall 
have the right to--
            ``(1) correct inaccurate personal data of the person that 
        is stored by a covered entity; and
            ``(2) delete all the personal data of the user that is 
        stored by a covered entity.
    ``(c) Exercise of Rights.--
            ``(1) In general.--A covered entity shall provide a person 
        with a reasonable means to exercise the rights provided under 
        subsections (a) and (b) in a request form that--
                    ``(A) contains a clear and conspicuous disclosure 
                of the rights;
                    ``(B) is made available at no additional cost and 
                with no transactional penalty to the person; and
                    ``(C) is in English and any other language in which 
                the covered entity communicates with the person, as 
                applicable.
            ``(2) Deadline to comply with request.--The Commission 
        shall promulgate rules to establish deadlines for a covered 
        entity to comply with a request under paragraph (1).

``SEC. 2417. RIGHT TO KNOW.

    ``(a) In General.--A person shall have the right to know what 
personal data a covered entity will collect and process about the 
person (including through a data processor), including the categories 
and specific pieces of personal data the covered entity processes, 
before giving consent for the collection and processing of the personal 
data of the user.
    ``(b) Meaningful Notice.--
            ``(1) In general.--A covered entity shall make publicly 
        available--
                    ``(A) a current long-form privacy policy;
                    ``(B) a current short-form privacy policy; and
                    ``(C) all privacy policies that were previously in 
                effect.
            ``(2) Requirements for privacy policies.--
                    ``(A) In general.--A covered entity shall make each 
                current privacy policy of the covered entity 
                persistently and conspicuously available at or prior 
                to--
                            ``(i) the point of sale of, subscription 
                        to, or sign up for a product or service; or
                            ``(ii) at or prior to the point of creation 
                        of an account with a platform owned or 
                        controlled by the covered entity.
                    ``(B) Short-form privacy policy.--The short-form 
                privacy policy required under paragraph (1) shall--
                            ``(i) use plain language; and
                            ``(ii) include--
                                    ``(I) the personal data being 
                                processed;
                                    ``(II) whether personal data will 
                                be processed for purposes of targeted 
                                advertisements or monetization; and
                                    ``(III) the period of retention of 
                                the personal data expressed in exact 
                                dates.
            ``(3) Rulemaking.--The Commission shall promulgate rules 
        specifying requirements for the privacy policies required by 
        this subsection, including rules regarding the online and 
        offline accessibility, time of availability, and contents of 
        the policies.
            ``(4) Standardized short-form privacy policy.--The 
        Commission shall establish a standardized short-form privacy 
        policy that complies with paragraph (2)(B) and any associated 
        rules promulgated by the Commission.

                   ``Subtitle B--Data Security Reform

``SEC. 2421. DATA SECURITY SAFEGUARDS.

    ``(a) In General.--A covered entity shall ensure appropriate 
security of personal data, including protection against unauthorized or 
unlawful processing and against accidental loss, destruction, or 
damage, using reasonable technical, physical, and organizational 
safeguards and using reasonably designed technological systems to 
protect persons exposed by their interactions with the covered entity.
    ``(b) Information Security Program.--
            ``(1) In general.--As part of the duty to ensure 
        appropriate security of personal data under subsection (a), a 
        covered entity shall establish and implement, and thereafter 
        maintain, a comprehensive information security program 
        (referred to in this subsection as the `Information Security 
        Program') that is designed to protect the security, 
        confidentiality, and integrity of personal data.
            ``(2) Requirements.--To satisfy the requirement under 
        paragraph (1), a covered entity shall, at a minimum--
                    ``(A) document in writing the content, 
                implementation, and maintenance of the Information 
                Security Program;
                    ``(B) designate 1 or more qualified employees to 
                coordinate and be responsible for the Information 
                Security Program;
                    ``(C) not less frequently than once every 12 
                months, and promptly following a covered breach, assess 
                and document internal and external risks to the 
                security, confidentiality, or integrity of personal 
                data that could result in the unauthorized disclosure, 
                misuse, loss, alteration, destruction, or other 
                compromise of such personal data;
                    ``(D) design, implement, and document safeguards 
                that--
                            ``(i) address the internal and external 
                        risks to the security, confidentiality, or 
                        integrity of personal data that the covered 
                        entity identifies under subparagraph (C); and
                            ``(ii) take into account the sensitivity of 
                        the personal data at issue;
                    ``(E) not less frequently than once every 12 
                months, and promptly following a covered breach, assess 
                the sufficiency of any safeguards in place to address 
                the risks to the security, confidentiality, or 
                integrity of personal data, which shall include an 
                evaluation of safeguards in each area of relevant 
                operation, including--
                            ``(i) employee training and management;
                            ``(ii) information systems, such as network 
                        and software design, information processing, 
                        storage, transmission, and disposal; and
                            ``(iii) prevention, detection, and response 
                        to attacks, intrusions, or other system 
                        failures; and
                    ``(F)(i) not less frequently than once every 12 
                months and promptly following a covered breach, test 
                and monitor the effectiveness of the safeguards 
                described in subparagraph (E); and
                    ``(ii) modify the Information Security Program 
                based on the results of testing and monitoring under 
                clause (i).

``SEC. 2422. CIVIL PENALTIES AND DAMAGES FOR DATA BREACHES.

    ``(a) Standard Penalty.--
            ``(1) In general.--The Commission may issue an order to--
                    ``(A) impose on a covered entity a civil penalty of 
                $150 for each covered breach of the personal data of a 
                person held by the covered entity; and
                    ``(B) pay $50 of the amount collected for a civil 
                penalty under subparagraph (A) to the affected person.
            ``(2) Cap.--The total amount collected from a covered 
        entity under paragraph (1) in a single administrative action 
        may not exceed 50 percent of the revenue of the ultimate parent 
        entity of the covered entity during the preceding calendar 
        year.
    ``(b) Enhanced Penalty.--
            ``(1) In general.--The Commission may double the amount of 
        a civil penalty imposed under subsection (a)(1)(A) and the 
        corresponding amount paid to an affected person under 
        subsection (a)(1)(B) if the covered entity fails to notify the 
        Commission or the affected person of the covered breach by the 
        date that is 30 days after the date on which the covered entity 
        knew or had reason to know of the covered breach.
            ``(2) Cap.--The total amount collected from a covered 
        entity under paragraph (1) may not exceed 75 percent of the 
        revenue of the ultimate parent entity of the covered entity 
        during the preceding calendar year.
    ``(c) Safe Harbor.--Neither the Commission nor any State, person, 
or other Federal agency may (as applicable) issue an order under 
subsection (a) or bring an action against a covered entity for a 
covered breach if the covered entity has complied with section 2421 and 
any rules promulgated by the Commission to implement that section.
    ``(d) Damages.--In a civil action brought by an affected person 
under section 2701(b) for a violation of section 2421 that resulted in 
a covered breach, the court may award damages in an amount that is the 
greater of--
            ``(1) $100 per covered breach; or
            ``(2) actual damages.

                      ``Subtitle C--Miscellaneous

``SEC. 2431. AUTHORITY TO PROPOSE AND ESTABLISH HEIGHTENED REQUIREMENTS 
              FOR DOMINANT PLATFORM OPERATORS.

    ``For purposes of this title--
            ``(1) an advisory board established under section 2117 may 
        propose heightened requirements for covered entities that are 
        operators of dominant platforms; and
            ``(2) the Commission may promulgate rules under section 
        2116 with heightened requirements for covered entities that are 
        operators of dominant platforms.

                  ``TITLE V--NATIONAL SECURITY REFORM

``SEC. 2501. CORPORATE CITIZENSHIP AND OWNERSHIP.

    ``(a) Definition.--In this section, the term `foreign adversary' 
has the meaning given the term in section 8(c) of the Secure and 
Trusted Communications Networks Act of 2019 (47 U.S.C. 1607(c)).
    ``(b) Corporate Citizenship.--
            ``(1) In general.--An operator of a dominant platform 
        shall--
                    ``(A) be a citizen of the United States; or
                    ``(B) own a subsidiary corporation--
                            ``(i) that is a citizen of the United 
                        States; and
                            ``(ii) the number of directors of which who 
                        are noncitizens is less than half of the number 
                        of directors necessary to constitute a quorum.
            ``(2) Directors.--No director of a subsidiary corporation 
        described in paragraph (1)(B) may be a citizen of a foreign 
        adversary.
    ``(c) Ownership.--If more than 10 percent of the owners of an 
operator of a dominant platform are citizens of a foreign adversary, 
the operator of the dominant platform shall sequester any back-end 
data, algorithm, or information about United States users on the 
dominant platform so that the back-end data, algorithm, or information 
is inaccessible to any subsidiary, affiliate, director, employee, or 
agent of the operator of the dominant platform that is based outside of 
the United States.
    ``(d) Review by Committee on Foreign Investment in the United 
States.--
            ``(1) In general.--The Committee on Foreign Investment in 
        the United States shall--
                    ``(A) treat the application of a foreign person (as 
                defined in section 800.224 of title 31, Code of Federal 
                Regulations (or a successor regulation)) for a license 
                under title VI as a covered transaction, as defined in 
                subsection (a) of section 721 of the Defense Production 
                Act of 1950 (50 U.S.C. 4565); and
                    ``(B) review and, as appropriate, investigate the 
                application in accordance with the procedures set forth 
                in such section 721.
            ``(2) Denial of license.--If the Committee determines 
        pursuant to paragraph (1) that providing a license under title 
        VI to a foreign person threatens to impair the national 
        security of the United States, the Office of Licensing for 
        Dominant Platforms shall deny the application for the license.
            ``(3) Consultation with department of justice.--The 
        Committee may, in its discretion, consult with the National 
        Security Division of the Department of Justice in making a 
        determination under paragraph (1).

``SEC. 2502. LIMITATION OF DATA PROCESSING IN RESTRICTED COUNTRIES.

    ``An operator of a dominant platform may not process the personal 
data of a United States person in any restricted country.

``SEC. 2503. BOT AND COUNTRY-OF-ORIGIN IDENTIFICATIONS.

    ``(a) Bots.--An operator of a dominant platform shall identify any 
post on the dominant platform that is generated by a software program 
as a post by a non-human user.
    ``(b) Country of Origin.--An operator of a dominant platform shall 
publicly identify the country of origin of any post on the dominant 
platform.
    ``(c) Scope.--An identification described in subsection (a) or (b) 
shall publicly accompany the post anywhere that the post appears on the 
dominant platform.

        ``TITLE VI--LICENSES FOR OPERATORS OF DOMINANT PLATFORMS

``SEC. 2601. LICENSING OFFICE.

    ``(a) Establishment.--There is established within the Commission 
the Office of Licensing for Dominant Platforms (referred to in this 
section as the `Office').
    ``(b) Director.--
            ``(1) Establishment of position.--There is established the 
        position of Director of the Office, who shall be the head of 
        the Office.
            ``(2) Appointment; term.--
                    ``(A) Appointment.--The Director shall be appointed 
                by the President.
                    ``(B) Term.--The Director shall be appointed for a 
                term of 4 years, unless removed before the end of that 
                term by the President for neglect of duty or 
                malfeasance in office.
                    ``(C) Vacancy.--A vacancy in the position of 
                Director that occurs before the expiration of the term 
                for which a Director was appointed shall be filled in 
                the manner established under subparagraph (A), and the 
                Director appointed to fill that vacancy shall be 
                appointed only for the remainder of that term.
                    ``(D) Service after end of term.--An individual may 
                serve as the Director after the expiration of the term 
                for which the individual was appointed until a 
                successor has been appointed.
    ``(c) Duties.--The Office shall--
            ``(1) review and grant license applications for operators 
        of dominant platforms;
            ``(2) monitor whether operators of dominant platforms have 
        obtained a license in accordance with this title;
            ``(3) monitor and manage complaints submitted under section 
        2118;
            ``(4) except as provided in paragraph (5)(B), refer any 
        violation of this title, a rule promulgated to implement this 
        title, or an administrative order issued to enforce this title 
        to the appropriate Federal agency for enforcement; and
            ``(5) when appropriate--
                    ``(A) rescind the license of an operator of a 
                dominant platform under section 2602; or
                    ``(B) revoke the license of an operator of a 
                dominant platform under section 2603.

``SEC. 2602. REQUIREMENT FOR OPERATORS OF DOMINANT PLATFORMS TO OBTAIN 
              LICENSES.

    ``(a) In General.--The Office shall grant a license to each 
operator of a platform designated as a dominant platform under section 
2121, subject to any subsequent rescission or revocation of the license 
under this title.
    ``(b) Consequences of Failure to Obtain License.--An operator of a 
dominant platform may not operate as a corporation, body corporate, 
body politic, joint-stock company, or limited liability company, as 
applicable, for the purposes of Federal law if the operator of the 
dominant platform does not have a license granted by the Commission 
under subsection (a).
    ``(c) Rescissions.--The Office shall rescind a license granted to 
an operator of a platform under subsection (a) if the Commission grants 
a request to remove the designation of that operator's platform as a 
dominant platform under section 2121(d).

``SEC. 2603. REVOCATION OF LICENSE.

    ``(a) Filing of Revocation Petition.--The Office may file a 
petition with the Commission to revoke the license of an operator of a 
dominant platform.
    ``(b) Timing of Response and Decision.--If a revocation petition is 
filed under subsection (a) with respect to an operator of a dominant 
platform--
            ``(1) not later than 180 days after the date on which the 
        petition is filed, the operator may file a response that 
        explains why revoking the license of the operator is not 
        justified in consideration of the factors described in 
        subsection (c)(2); and
            ``(2) the Commission shall issue a ruling with respect to 
        the petition not later than 180 days after the earlier of the 
        date that is--
                    ``(A) 180 days after the date on which the petition 
                is filed; or
                    ``(B) the date on which the operator files a 
                response under paragraph (1).
    ``(c) Granting Revocation Petition.--
            ``(1) In general.--The Commission, after consideration of 
        the factors described in paragraph (2), may grant a revocation 
        petition that is filed under subsection (a).
            ``(2) Factors.--In determining whether to grant a 
        revocation petition under paragraph (1) with respect to an 
        operator of a dominant platform, the Commission shall consider 
        whether the operator--
                    ``(A) subject to paragraph (4), has engaged in 
                repeated, egregious, and illegal misconduct (including 
                violations of this division, a rule promulgated under 
                this division, or an administrative order issued under 
                this division) that has caused significant harm to--
                            ``(i) users of the dominant platform or 
                        employees, shareholders, or business partners 
                        of the operator; or
                            ``(ii) communities in which the operator 
                        does business; and
                    ``(B) has not undertaken measures to address the 
                causes of the misconduct described in subparagraph (A), 
                such as terminating the employment of any officer or 
                executive of the operator who oversaw that misconduct.
            ``(3) Review of granting of petition.--A decision by the 
        Commission to grant a revocation petition under this subsection 
        shall be subject to judicial review under section 706 of title 
        5, United States Code, provided that a complaint is filed in 
        the appropriate court not later than 90 days after the date on 
        which the petition is granted.
    ``(d) Revocation of License.--If the Commission grants a revocation 
petition under subsection (c) with respect to an operator of a dominant 
platform, the Office shall revoke the license of that operator on the 
date that is 1 year after the later of--
            ``(1) the date on which the Commission grants the petition; 
        or
            ``(2) the date on which the Commission determines that 
        judicial review under section 706 of title 5, United States 
        Code, as described in subsection (c)(3), will not invalidate 
        the decision by the Commission to grant the revocation.
    ``(e) Effect of Revocation.--An operator of a dominant platform 
whose license is revoked under this section--
            ``(1) shall not be treated as a corporation, body 
        corporate, body politic, joint-stock company, or limited 
        liability company, as applicable, for the purposes of Federal 
        law; and
            ``(2) may not operate in the United States.
    ``(f) Rulemaking.--The Commission may issue any rules as necessary 
to carry out this section.

``SEC. 2604. COMPLIANCE CERTIFICATION.

    ``(a) Certification.--On an annual basis, the chief executive 
officer, the chief financial officer, and the chief information 
security officer (or the respective equivalents) of an operator of a 
dominant platform shall jointly certify to the Office, in a manner 
prescribed by the Commission, that the operator is in compliance with 
titles II, III, IV, and V of this division, any rules promulgated to 
implement those titles, and any administrative orders issued to enforce 
those titles.
    ``(b) False Statements.--
            ``(1) Offense.--It shall be unlawful for an individual 
        certifying compliance under subsection (a) to knowingly--
                    ``(A) falsify, conceal, or cover up by any trick, 
                scheme, or device a material fact;
                    ``(B) make any materially false, fictitious, or 
                fraudulent statement or representation; or
                    ``(C) make or use any false writing or document 
                knowing the same to contain any materially false, 
                fictitious, or fraudulent statement or entry.
            ``(2) Penalty.--Any individual who violates paragraph (1) 
        shall be fined not more than $10,000,000, imprisoned for not 
        more than 5 years, or both.
            ``(3) Rulemaking.--The Commission may promulgate rules for 
        dominant platforms necessary to ensure that an individual who 
        is directed by an operator of a dominant platform to certify 
        compliance under this section is provided sufficient resources 
        to make such determinations.

               ``TITLE VII--ENFORCEMENT BY OTHER ENTITIES

``SEC. 2701. ENFORCEMENT BY STATES, PRIVATE PARTIES, AND FEDERAL 
              AGENCIES.

    ``(a) Enforcement by States.--
            ``(1) In general.--In any case in which 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 the engagement of any covered entity, 
        including any platform operator, in a practice that violates 
        title II, III, IV, or V, or a rule promulgated to implement any 
        of those titles, the attorney general of the State may, as 
        parens patriae, bring a civil action on behalf of the residents 
        of the State in an applicable district court of the United 
        States (as provided in section 2702) to--
                    ``(A) enjoin any further such violation by the 
                covered entity;
                    ``(B) enforce compliance with the applicable title 
                or rule, including through deletion of the relevant 
                data;
                    ``(C) obtain a permanent, temporary, or preliminary 
                injunction;
                    ``(D) in an action joined by the Commission, obtain 
                civil penalties not to exceed 15 percent of the total 
                annual revenue of the ultimate parent entity of the 
                covered entity during the preceding 12-month period;
                    ``(E) obtain damages (whether actual, punitive, or 
                otherwise), restitution, disgorgement of unjust 
                enrichment, or other compensation on behalf of 
                aggrieved persons; or
                    ``(F) obtain any other appropriate equitable 
                relief.
            ``(2) Relationship with state-law claims.--If the attorney 
        general of a State has authority to bring an action under State 
        law directed at acts or practices that also violate a title or 
        rule described in paragraph (1), the attorney general may 
        assert a claim under State law and a claim under that paragraph 
        in the same civil action.
            ``(3) Investigatory powers.--Nothing in this subsection may 
        be construed to prevent the attorney general of a State from 
        exercising the powers conferred on the attorney general by the 
        laws of the State to--
                    ``(A) conduct investigations;
                    ``(B) administer oaths or affirmations; or
                    ``(C) compel the attendance of witnesses or the 
                production of documentary or other evidence.
    ``(b) Private Enforcement.--Any person whose interest has been or 
is threatened or adversely affected by the engagement of any covered 
entity, including any platform operator, in a practice that violates 
title II, IV, or V, section 2311 or 2321, or a rule promulgated to 
implement any of those titles or sections, may bring a civil action in 
an applicable district court of the United States (as provided in 
section 2702) to--
            ``(1) enjoin any further such violation by the covered 
        entity;
            ``(2) enforce compliance with the applicable title, 
        section, or rule, including through deletion of the relevant 
        data;
            ``(3) obtain a permanent, temporary, or preliminary 
        injunction;
            ``(4) obtain damages (whether actual, statutory (as 
        provided under section 2422), punitive, or otherwise), 
        restitution, or other compensation;
            ``(5) obtain reasonable attorney fees, including litigation 
        expenses, and costs; or
            ``(6) obtain any other appropriate equitable relief.
    ``(c) Federal Agencies.--
            ``(1) Federal trade commission.--
                    ``(A) Enforcement authority.--Except as provided in 
                this paragraph and in section 2702, the Federal Trade 
                Commission shall enforce titles III and IV in the same 
                manner, by the same means, and with the same 
                jurisdiction, powers, and duties as though all 
                applicable terms of the Federal Trade Commission Act 
                (15 U.S.C. 41 et seq.) were incorporated into and made 
                a part of such titles.
                    ``(B) Scope of jurisdiction.--Notwithstanding 
                sections 4, 5(a)(2), or 6 of the Federal Trade 
                Commission Act (15 U.S.C. 44, 45(a)(2), 46), or any 
                jurisdictional limitation of the Federal Trade 
                Commission, the Federal Trade Commission shall also 
                enforce titles III and IV, in the same manner provided 
                in subparagraph (A), with respect to any covered 
                entity, including banks, savings and loan institutions 
                described in section 18(f)(3) of the Federal Trade 
                Commission Act (15 U.S.C. 57a(f)(3)), Federal credit 
                unions described in section 18(f)(4) of such Act, 
                common carriers subject to the Acts to regulate 
                commerce (as defined in section 4 of the Federal Trade 
                Commission Act (15 U.S.C. 44)), air carriers and 
                foreign air carriers subject to the Federal Aviation 
                Act of 1958 (49 U.S.C. App. 1301 et seq.), and persons, 
                partnerships, or corporations insofar as they are 
                subject to the Packers and Stockyards Act, 1921, as 
                amended.
            ``(2) Department of justice.--The Attorney General shall 
        enforce title III in the same manner, by the same means, and 
        with the same jurisdiction, powers, and duties as though all 
        applicable terms of the Sherman Act (15 U.S.C. 1 et seq.), 
        division A of this Act, and Antitrust Civil Process Act (15 
        U.S.C. 1311 et seq.) were incorporated into and made a part of 
        that title.
    ``(d) Considerations for Punitive Damages.--In assessing the amount 
of punitive damages to award in an action brought under section 2115(f) 
or this section, the court shall consider each relevant circumstance 
presented by a party to the action, including--
            ``(1) the nature and seriousness of the misconduct;
            ``(2) the number of violations;
            ``(3) the persistence of the misconduct;
            ``(4) the length of time over which the misconduct 
        occurred;
            ``(5) the willfulness of the defendant's misconduct; and
            ``(6) the defendant's assets, liabilities, and net worth.

``SEC. 2702. EXCLUSIVE JURISDICTION.

    ``(a) District Courts.--
            ``(1) State actions.--The district court of the United 
        States for the judicial district in which the capital of the 
        State is located shall have exclusive jurisdiction of an action 
        brought by a State attorney general under section 2701(a).
            ``(2) Private and federal actions.--The following district 
        courts shall have exclusive jurisdiction of an action brought 
        under section 2115(f) or subsection (b) or (c) of section 2701:
                    ``(A) The United States District Court for the 
                District of Columbia.
                    ``(B) The district court of the United States for 
                any judicial district in which--
                            ``(i) the violation took place; or
                            ``(ii) any defendant resides or does 
                        business.
            ``(3) Other challenges.--The United States District Court 
        for the District of Columbia shall have exclusive jurisdiction 
        of any action challenging the constitutionality of any 
        provision of this division.
    ``(b) Court of Appeals.--The United States Court of Appeals for the 
District of Columbia Circuit shall have exclusive jurisdiction of 
appeals from all decisions in actions described in subsection (a).

                      ``TITLE VIII--MISCELLANEOUS

``SEC. 2801. FUNDING.

    ``(a) Authorizations of Appropriations.--There is authorized to be 
appropriated to the Commission to carry out the functions of the 
Commission $500,000,000 for--
            ``(1) fiscal year 2023; and
            ``(2) each fiscal year thereafter.
    ``(b) Penalties.--The Commission may use any amounts collected from 
civil penalties, damages, and settlements under this division that are 
not returned to consumers to carry out the functions of the Commission, 
without further appropriation.

``SEC. 2802. INTERAGENCY COOPERATION.

    ``(a) In General.--To facilitate interagency cooperation regarding 
the execution and enforcement of this division, the Commission may 
enter into memoranda of understanding with other Federal agencies.
    ``(b) Required Cooperation.--Not later than 180 days after the date 
of enactment of this division, the Commission shall enter into a 
memorandum of understanding with--
            ``(1) the Federal Trade Commission, to facilitate 
        cooperation regarding the execution and enforcement of titles 
        III and IV, including enforcement under section 2701(c)(1); and
            ``(2) the Attorney General, to facilitate cooperation 
        regarding any criminal proceedings and the execution and 
        enforcement of title III, including enforcement under section 
        2701(c)(2).

``SEC. 2803. EFFECTIVE DATE.

    ``(a) In General.--Except as provided in subsection (b), this 
division shall take effect on the date that is 1 year after the date of 
enactment of this division.
    ``(b) Exception.--Subtitle A of title III shall take effect on the 
date of enactment of this division.

``SEC. 2804. RULES OF CONSTRUCTION.

    ``(a) In General.--Nothing in this division shall be construed to--
            ``(1) preempt the law of any State that provides greater 
        protections to users of platforms and consumers generally than 
        the protections provided under this division; or
            ``(2) limit the Federal Trade Commission, the Attorney 
        General, or any other Federal agency from taking any action.
    ``(b) Effect of Findings, Actions, and Conclusions.--No finding 
reached, action taken, or conclusion drawn by the Commission under this 
division shall limit or impact the enforcement of any other law by the 
Federal Trade Commission, the Attorney General, or any other Federal 
agency.

``SEC. 2805. SEVERABILITY.

    ``If any provision of this division, or the application of such a 
provision to any person or circumstance, is held to be 
unconstitutional, the remaining provisions of this division, and the 
application of the provision to any other person or circumstance, shall 
not be affected thereby.''.

                   TITLE II--AMENDMENTS TO OTHER LAWS

SEC. 201. EXECUTIVE ACCOUNTABILITY FOR OPERATORS OF DOMINANT PLATFORMS.

    (a) Criminal Liability.--Part I of title 18, United States Code, is 
amended by inserting after chapter 27 the following:

                    ``CHAPTER 28--DOMINANT PLATFORMS

``Sec.
``571. Negligence of executive officers.
``Sec. 571. Negligence of executive officers
    ``(a) Definitions.--In this section--
            ``(1) the term `executive officer', with respect to a 
        corporation, means an individual who--
                    ``(A) is described in section 240.3b-7 of title 17, 
                Code of Federal Regulations, or any successor thereto; 
                and
                    ``(B) by reason of the position of the individual 
                in the corporation, has the responsibility and 
                authority to take necessary measures to prevent or 
                remedy violations of law; and
            ``(2) the terms `dominant platform' and `operator' have the 
        meanings given those terms in section 2002 of the Clayton Act.
    ``(b) Criminal Liability.--
            ``(1) In general.--It shall be unlawful for an executive 
        officer of a corporation that is an operator of a dominant 
        platform to negligently permit or fail to prevent a violation 
        of law described in paragraph (2).
            ``(2) Violations described.--A violation of law described 
        in this paragraph is--
                    ``(A) a criminal violation of Federal or State law 
                for which the operator of a dominant platform is 
                convicted or enters into a deferred prosecution or non-
                prosecution agreement;
                    ``(B) a civil violation of Federal or State law--
                            ``(i) for which the operator of a dominant 
                        platform is found liable or enters into a 
                        settlement agreement with any Federal or State 
                        agency; and
                            ``(ii) that affects the health, safety, 
                        finances, or personal data of--
                                    ``(I) not less than 1 percent of 
                                the population of the United States; or
                                    ``(II) not less than 1 percent of 
                                the population of a State; or
                    ``(C) a criminal or civil violation of Federal or 
                State law--
                            ``(i) for which the operator of a dominant 
                        platform is convicted or found liable, as the 
                        case may be; and
                            ``(ii) if, during the 5-year period 
                        preceding the commission of the violation--
                                    ``(I) a court entered a criminal or 
                                civil judgment against the operator of 
                                the dominant platform relating to a 
                                different violation;
                                    ``(II) the operator of the dominant 
                                platform entered into a deferred 
                                prosecution agreement or non-
                                prosecution agreement relating to a 
                                different violation; or
                                    ``(III) the operator of the 
                                dominant platform entered into a 
                                settlement with a Federal or State 
                                agency relating to a different 
                                violation.
    ``(c) Penalty.--Any executive officer who violates subsection (b) 
shall--
            ``(1) for a first offense, be fined under this title, 
        imprisoned for not more than 1 year, or both; and
            ``(2) for a second or subsequent offense, be fined under 
        this title, imprisoned for not more than 3 years, or both.''.
    (b) Technical and Conforming Amendment.--The tables of chapters in 
part I of title 18, United States Code, is amended by inserting after 
the item relating to chapter 27 the following:

``28.  Dominant platforms...................................     571''.

SEC. 202. CRIMINAL FINES UNDER THE SHERMAN ACT.

    The Sherman Act (15 U.S.C. 1 et seq.) is amended--
            (1) in section 1 (15 U.S.C. 1), in the second sentence--
                    (A) by striking ``$100,000,000'' and inserting 
                ``$500,000,000''; and
                    (B) by striking ``$1,000,000'' and inserting 
                ``$2,000,000'';
            (2) in section 2 (15 U.S.C. 2)--
                    (A) by striking ``$100,000,000'' and inserting 
                ``$500,000,000''; and
                    (B) by striking ``$1,000,000'' and inserting 
                ``$2,000,000''; and
            (3) in section 3 (15 U.S.C. 3)--
                    (A) by striking ``$100,000,000'' and inserting 
                ``$500,000,000''; and
                    (B) by striking ``$1,000,000'' and inserting 
                ``$2,000,000''.

SEC. 203. CRIMINAL FINES UNDER THE ROBINSON-PATMAN ACT.

    Section 3 of the Act of June 19, 1936 (commonly known as the 
``Robinson-Patman Act'') (15 U.S.C. 13a), is amended by striking 
``$5,000'' and inserting ``10,000''.

SEC. 204. DIRECTING THE ATTORNEY GENERAL TO DEVELOP VICTIM-CENTERED 
              GUIDANCE.

    (a) Victim-Centered Guidance.--
            (1) In general.--Not later than 18 months after the date of 
        enactment of this Act, the Attorney General, in consultation 
        with Federal, State, and local law enforcement agencies and 
        prosecutors, sex trafficking victim advocates, sex trafficking 
        survivors, and pediatric mental health experts, shall develop 
        and publish victim-centered guidance to strengthen protections 
        for child sex trafficking victims testifying against human 
        traffickers, including--
                    (A) practices to minimize the adverse consequences 
                of testifying on child sex trafficking victim 
                witnesses, including the use of closed circuit 
                television testimony or digitally recorded depositions;
                    (B) safe travel, lodging, and accompaniment for 
                child sex trafficking victim witnesses;
                    (C) use of child advocacy centers and family 
                justice centers, where appropriate; and
                    (D) safety planning, including post-trial safety 
                planning.
            (2) Training required.--Not later than 180 days after the 
        publication of the guidance required under paragraph (1), the 
        Attorney General shall disseminate and provide training to each 
        office of the United States Attorney on the victim-centered 
        guidance.
    (b) Training on Victim-Centered Protocols.--
            (1) Department of justice training and policy for law 
        enforcement officers, prosecutors, and judges.--Subsection 
        (c)(1)(A) of the Combat Human Trafficking Act of 2015 (34 
        U.S.C. 20709(c)(1)(A)) is amended--
                    (A) in clause (iii), by striking ``and'' at the 
                end;
                    (B) in clause (iv)(II), by striking the period at 
                the end and inserting ``; and''; and
                    (C) by adding at the end the following:
                            ``(v) protections for child sex trafficking 
                        victims testifying against human traffickers 
                        based on the victim-centered guidance published 
                        by the Attorney General in accordance with 
                        section 204(a)(1) of the Digital Consumer 
                        Protection Commission Act of 2023.''.
            (2) Federal prosecutors.--Subsection (c)(1)(B) of the 
        Combat Human Trafficking Act of 2015 (34 U.S.C. 20709(c)(1)(B)) 
        is amended to read as follows:
                    ``(B) Federal prosecutors.--The Attorney General 
                shall ensure that each anti-human trafficking program 
                operated by the Department of Justice for United States 
                attorneys or other Federal prosecutors includes 
                training on--
                            ``(i) seeking restitution for offenses 
                        under chapter 77 of title 18, United States 
                        Code, to ensure that each United States 
                        attorney or other Federal prosecutor, upon 
                        obtaining a conviction for such an offense, 
                        requests a specific amount of restitution for 
                        each victim of the offense without regard to 
                        whether the victim requests restitution; and
                            ``(ii) victim-centered guidance to 
                        strengthen protections for child sex 
                        trafficking victims testifying against human 
                        traffickers based on victim-centered guidance 
                        published by the Attorney General in accordance 
                        with section 204(a)(1) of the Digital Consumer 
                        Protection Commission Act of 2023.''.
    (c) Additional Uses for Victim-Centered Child Human Trafficking 
Deterrence Block Grant.--Section 203(b)(1) of the Trafficking Victims 
Protection Reauthorization Act of 2005 (34 U.S.C. 20703(b)(1)) is 
amended--
            (1) in subparagraph (D), by striking ``and'' at the end;
            (2) in subparagraph (E), by adding ``and'' at the end; and
            (3) by adding at the end the following:
                    ``(F) strengthen protections for child sex 
                trafficking victims testifying against human 
                traffickers based on victim-centered guidance published 
                by the Attorney General in accordance with section 
                204(a)(1) of the Digital Consumer Protection Commission 
                Act of 2023.''.

SEC. 205. USE OF TERM ``CHILD SEXUAL ABUSE MATERIAL''.

    (a) Sense of Congress.--It is the sense of Congress that the term 
``child sexual abuse material'' has the same legal meaning as the term 
``child pornography'', as that term was used in Federal statutes and 
case law before the date of enactment of this Act.
    (b) Amendments.--
            (1) Title 5, united states code.--Chapter 65 of title 5, 
        United States Code, is amended--
                    (A) in section 6502(a)(2)(B), by striking ``child 
                pornography'' and inserting ``child sexual abuse 
                material''; and
                    (B) in section 6504(c)(2)(F), by striking ``child 
                pornography'' and inserting ``child sexual abuse 
                material''.
            (2) Homeland security act of 2002.--The Homeland Security 
        Act of 2002 (6 U.S.C. 101 et seq.) is amended--
                    (A) in section 307(b)(3)(D) (6 U.S.C. 
                187(b)(3)(D)), by striking ``child pornography'' and 
                inserting ``child sexual abuse material''; and
                    (B) in section 890A (6 U.S.C. 473)--
                            (i) in subsection (b)(2)(A)(ii), by 
                        striking ``child pornography'' and inserting 
                        ``child sexual abuse material''; and
                            (ii) in subsection (e)(3)(B)(ii), by 
                        striking ``child pornography'' and inserting 
                        ``child sexual abuse material''.
            (3) Immigration and nationality act.--Section 101(a)(43)(I) 
        of the Immigration and Nationality Act (8 U.S.C. 
        1101(a)(43)(I)) is amended by striking ``child pornography'' 
        and inserting ``child sexual abuse material''.
            (4) Small business jobs act of 2010.--Section 3011(c) of 
        the Small Business Jobs Act of 2010 (12 U.S.C. 5710(c)) is 
        amended by striking ``child pornography'' and inserting ``child 
        sexual abuse material''.
            (5) Broadband data improvement act.--Section 214(a)(2) of 
        the Broadband Data Improvement Act (15 U.S.C. 6554(a)(2)) is 
        amended by striking ``child pornography'' and inserting ``child 
        sexual abuse material''.
            (6) CAN-SPAM act of 2003.--Section 4(b)(2)(B) of the CAN-
        SPAM Act of 2003 (15 U.S.C. 7703(b)(2)(B)) is amended by 
        striking ``child pornography'' and inserting ``child sexual 
        abuse material''.
            (7) Title 18, united states code.--Title 18, United States 
        Code, is amended--
                    (A) in section 1956(c)(7)(D), by striking ``child 
                pornography'' each place the term appears and inserting 
                ``child sexual abuse material'';
                    (B) in chapter 110--
                            (i) in section 2251(e), by striking ``child 
                        pornography'' and inserting ``child sexual 
                        abuse material'';
                            (ii) in section 2252(b)--
                                    (I) in paragraph (1), by striking 
                                ``child pornography'' and inserting 
                                ``child sexual abuse material''; and
                                    (II) in paragraph (2), by striking 
                                ``child pornography'' and inserting 
                                ``child sexual abuse material'';
                            (iii) in section 2252A--
                                    (I) in the section heading, by 
                                striking ``material constituting or 
                                containing child pornography'' and 
                                inserting ``child sexual abuse 
                                material'';
                                    (II) in subsection (a)--
                                            (aa) in paragraph (1), by 
                                        striking ``child pornography'' 
                                        and inserting ``child sexual 
                                        abuse material'';
                                            (bb) in paragraph (2)--

                                                    (AA) in 
                                                subparagraph (A), by 
                                                striking ``child 
                                                pornography'' and 
                                                inserting ``child 
                                                sexual abuse 
                                                material''; and

                                                    (BB) in 
                                                subparagraph (B), by 
                                                striking ``material 
                                                that contains child 
                                                pornography'' and 
                                                inserting ``child 
                                                sexual abuse 
                                                material'';

                                            (cc) in paragraph (3)(A), 
                                        by striking ``child 
                                        pornography'' and inserting 
                                        ``child sexual abuse 
                                        material'';
                                            (dd) in paragraph (4)--

                                                    (AA) in 
                                                subparagraph (A), by 
                                                striking ``child 
                                                pornography'' and 
                                                inserting ``child 
                                                sexual abuse 
                                                material''; and

                                                    (BB) in 
                                                subparagraph (B), by 
                                                striking ``child 
                                                pornography'' and 
                                                inserting ``child 
                                                sexual abuse 
                                                material'';

                                            (ee) in paragraph (5)--

                                                    (AA) in 
                                                subparagraph (A), by 
                                                striking ``material 
                                                that contains an image 
                                                of child pornography'' 
                                                and inserting ``item 
                                                containing child sexual 
                                                abuse material''; and

                                                    (BB) in 
                                                subparagraph (B), by 
                                                striking ``material 
                                                that contains an image 
                                                of child pornography'' 
                                                and inserting ``item 
                                                containing child sexual 
                                                abuse material''; and

                                            (ff) in paragraph (7)--

                                                    (AA) by striking 
                                                ``child pornography'' 
                                                and inserting ``child 
                                                sexual abuse 
                                                material''; and

                                                    (BB) by striking 
                                                the period at the end 
                                                and inserting a comma;

                                    (III) in subsection (b)--
                                            (aa) in paragraph (1), by 
                                        striking ``child pornography'' 
                                        and inserting ``child sexual 
                                        abuse material''; and
                                            (bb) in paragraph (2), by 
                                        striking ``child pornography'' 
                                        each place the term appears and 
                                        inserting ``child sexual abuse 
                                        material'';
                                    (IV) in subsection (c)--
                                            (aa) in paragraph (1)(A), 
                                        by striking ``child 
                                        pornography'' and inserting 
                                        ``child sexual abuse 
                                        material'';
                                            (bb) in paragraph (2), by 
                                        striking ``child pornography'' 
                                        and inserting ``child sexual 
                                        abuse material''; and
                                            (cc) in the undesignated 
                                        matter following paragraph (2), 
                                        by striking ``child 
                                        pornography'' and inserting 
                                        ``child sexual abuse 
                                        material'';
                                    (V) in subsection (d)(1), by 
                                striking ``child pornography'' and 
                                inserting ``child sexual abuse 
                                material''; and
                                    (VI) in subsection (e), by striking 
                                ``child pornography'' each place the 
                                term appears and inserting ``child 
                                sexual abuse material'';
                            (iv) in section 2256(8)--
                                    (I) by striking ``child 
                                pornography'' and inserting ``child 
                                sexual abuse material''; and
                                    (II) by striking the period at the 
                                end and inserting a semicolon;
                            (v) in section 2257A(h)--
                                    (I) in paragraph (1)(A)(iii)--
                                            (aa) by inserting a comma 
                                        after ``marketed'';
                                            (bb) by striking ``such 
                                        than'' and inserting ``such 
                                        that''; and
                                            (cc) by striking ``a visual 
                                        depiction that is child 
                                        pornography'' and inserting 
                                        ``child sexual abuse 
                                        material''; and
                                    (II) in paragraph (2), by striking 
                                ``any visual depiction that is child 
                                pornography'' and inserting ``child 
                                sexual abuse material'';
                            (vi) in section 2258A--
                                    (I) in subsection (a)(2)--
                                            (aa) in subparagraph (A), 
                                        by striking ``child 
                                        pornography'' and inserting 
                                        ``child sexual abuse 
                                        material''; and
                                            (bb) in subparagraph (B), 
                                        by striking ``child 
                                        pornography'' and inserting 
                                        ``child sexual abuse 
                                        material'';
                                    (II) in subsection (b)--
                                            (aa) in paragraph (4)--

                                                    (AA) in the 
                                                paragraph heading, by 
                                                striking ``Visual 
                                                depictions of apparent 
                                                child pornography'' and 
                                                inserting ``Apparent 
                                                child sexual abuse 
                                                material''; and

                                                    (BB) by striking 
                                                ``visual depiction of 
                                                apparent child 
                                                pornography'' and 
                                                inserting ``apparent 
                                                child sexual abuse 
                                                material''; and

                                            (bb) in paragraph (5), by 
                                        striking ``visual depiction of 
                                        apparent child pornography'' 
                                        and inserting ``apparent child 
                                        sexual abuse material''; and
                                    (III) in subsection (g)(2)(B), by 
                                striking ``visual depictions of 
                                apparent child pornography'' and 
                                inserting ``apparent child sexual abuse 
                                material'';
                            (vii) in section 2258C--
                                    (I) in the section heading, by 
                                striking ``Use to combat child 
                                pornography of technical elements 
                                relating to reports made to the 
                                CyberTipline'' and inserting ``Use of 
                                technical elements from reports made to 
                                the CyberTipline to combat child sexual 
                                abuse material'';
                                    (II) in subsection (a)--
                                            (aa) in paragraph (2), by 
                                        striking ``child pornography'' 
                                        and inserting ``child sexual 
                                        abuse material''; and
                                            (bb) in paragraph (3), by 
                                        striking ``the actual visual 
                                        depictions of apparent child 
                                        pornography'' and inserting 
                                        ``any apparent child sexual 
                                        abuse material'';
                                    (III) in subsection (d), by 
                                striking ``child pornography visual 
                                depiction'' and inserting ``child 
                                sexual abuse material visual 
                                depiction''; and
                                    (IV) in subsection (e), by striking 
                                ``child pornography visual depiction'' 
                                and inserting ``child sexual abuse 
                                material visual depiction'';
                            (viii) in section 2259--
                                    (I) in paragraph (b)(2)--
                                            (aa) in the paragraph 
                                        heading, by striking ``child 
                                        pornography'' and inserting 
                                        ``child sexual abuse 
                                        material'';
                                            (bb) in the matter 
                                        preceding subparagraph (A), by 
                                        striking ``child pornography'' 
                                        and inserting ``child sexual 
                                        abuse material''; and
                                            (cc) in subparagraph (A), 
                                        by striking ``child 
                                        pornography'' and inserting 
                                        ``child sexual abuse 
                                        material'';
                                    (II) in subsection (c)--
                                            (aa) in paragraph (1)--

                                                    (AA) in the 
                                                paragraph heading, by 
                                                striking ``Child 
                                                pornography 
                                                production'' and 
                                                inserting ``Production 
                                                of child sexual abuse 
                                                material'';

                                                    (BB) by striking 
                                                ``child pornography 
                                                production'' and 
                                                inserting ``production 
                                                of child sexual abuse 
                                                material''; and

                                                    (CC) by striking 
                                                ``production of child 
                                                pornography'' and 
                                                inserting ``production 
                                                of child sexual abuse 
                                                material'';

                                            (bb) in paragraph (2), in 
                                        the matter preceding 
                                        subparagraph (A), by striking 
                                        ``trafficking in child 
                                        pornography offenses'' each 
                                        place the term appears and 
                                        inserting ``offenses for 
                                        trafficking in child sexual 
                                        abuse material''; and
                                            (cc) in paragraph (3)--

                                                    (AA) in the 
                                                paragraph heading, by 
                                                striking ``child 
                                                pornography'' and 
                                                inserting ``child 
                                                sexual abuse 
                                                material''; and

                                                    (BB) by striking 
                                                ``child pornography'' 
                                                and inserting ``child 
                                                sexual abuse 
                                                material''; and

                                    (III) in subsection (d)(1)--
                                            (aa) in subparagraph (A)--

                                                    (AA) by striking 
                                                ``child pornography'' 
                                                each place the term 
                                                appears and inserting 
                                                ``child sexual abuse 
                                                material''; and

                                                    (BB) by striking 
                                                ``Child Pornography 
                                                Victims Reserve'' and 
                                                inserting ``Reserve for 
                                                Victims of Child Sexual 
                                                Abuse Material'';

                                            (bb) in subparagraph (B), 
                                        by striking ``child 
                                        pornography'' and inserting 
                                        ``child sexual abuse 
                                        material''; and
                                            (cc) in subparagraph (C)--

                                                    (AA) by striking 
                                                ``child pornography'' 
                                                and inserting ``child 
                                                sexual abuse 
                                                material''; and

                                                    (BB) by striking 
                                                ``Child Pornography 
                                                Victims Reserve'' and 
                                                inserting ``Reserve for 
                                                Victims of Child Sexual 
                                                Abuse Material'';

                            (ix) in section 2259A--
                                    (I) in the section heading, by 
                                striking ``child pornography cases'' 
                                and inserting ``cases involving child 
                                sexual abuse material'';
                                    (II) in subsection (a)--
                                            (aa) in paragraph (2), by 
                                        striking ``child pornography'' 
                                        and inserting ``child sexual 
                                        abuse material''; and
                                            (bb) in paragraph (3), by 
                                        striking ``a child pornography 
                                        production offense'' and 
                                        inserting ``an offense for 
                                        production of child sexual 
                                        abuse material''; and
                                    (III) in subsection (d)(2)(B), by 
                                striking ``child pornography production 
                                or trafficking offense that the 
                                defendant committed'' and inserting 
                                ``offense for production of child 
                                sexual abuse material or trafficking in 
                                child sexual abuse material committed 
                                by the defendant''; and
                            (x) in section 2259B--
                                    (I) in the section heading, by 
                                striking ``Child pornography victims 
                                reserve'' and inserting ``Reserve for 
                                child sexual abuse material'';
                                    (II) in subsection (a), by striking 
                                ``Child Pornography Victims Reserve'' 
                                each place the term appears and 
                                inserting ``Reserve for Victims of 
                                Child Sexual Abuse Material'';
                                    (III) in subsection (b), by 
                                striking ``Child Pornography Victims 
                                Reserve'' each place the term appears 
                                and inserting ``Reserve for Victims of 
                                Child Sexual Abuse Material''; and
                                    (IV) in subsection (c), by striking 
                                ``Child Pornography Victims Reserve'' 
                                and inserting ``Reserve for Victims of 
                                Child Sexual Abuse Material'';
                    (C) in chapter 117--
                            (i) in section 2423(f)(3), by striking 
                        ``child pornography'' and inserting ``child 
                        sexual abuse material''; and
                            (ii) in section 2427--
                                    (I) in the section heading, by 
                                striking ``child pornography'' and 
                                inserting ``child sexual abuse 
                                material''; and
                                    (II) by striking ``child 
                                pornography'' and inserting ``child 
                                sexual abuse material'';
                    (D) in section 2516--
                            (i) in paragraph (1)(c), by striking 
                        ``material constituting or containing child 
                        pornography'' and inserting ``child sexual 
                        abuse material''; and
                            (ii) in paragraph (2), by striking ``child 
                        pornography production'' and inserting 
                        ``production of child sexual abuse material'';
                    (E) in section 3014(h)(3), by striking ``child 
                pornography victims'' and inserting ``victims of child 
                sexual abuse material'';
                    (F) in section 3509--
                            (i) in subsection (a)(6), by striking 
                        ``child pornography'' and inserting ``child 
                        sexual abuse material''; and
                            (ii) in subsection (m)--
                                    (I) in the subsection heading, by 
                                striking ``Child Pornography'' and 
                                inserting ``Child Sexual Abuse 
                                Material'';
                                    (II) in paragraph (1), by striking 
                                ``property or material that constitutes 
                                child pornography (as defined by 
                                section 2256 of this title)'' and 
                                inserting ``child sexual abuse material 
                                (as defined by section 2256 of this 
                                title), or property or items containing 
                                such material,'';
                                    (III) in paragraph (2)--
                                            (aa) in subparagraph (A)--

                                                    (AA) by striking 
                                                ``property or material 
                                                that constitutes child 
                                                pornography (as defined 
                                                by section 2256 of this 
                                                title)'' and inserting 
                                                ``child sexual abuse 
                                                material (as defined by 
                                                section 2256 of this 
                                                title), or property or 
                                                items containing such 
                                                material,''; and

                                                    (BB) by striking 
                                                ``the property or 
                                                material'' and 
                                                inserting ``the child 
                                                sexual abuse material, 
                                                property, or items''; 
                                                and

                                            (bb) in subparagraph (B), 
                                        by striking ``property or 
                                        material'' each place the term 
                                        appears and inserting ``child 
                                        sexual abuse material, 
                                        property, or items''; and
                                    (IV) in paragraph (3)--
                                            (aa) by striking ``property 
                                        or material that constitutes 
                                        child pornography, as defined 
                                        under section 2256(8)'' and 
                                        inserting ``child sexual abuse 
                                        material (as defined by section 
                                        2256 of this title)'';
                                            (bb) by striking ``such 
                                        child pornography'' and 
                                        inserting ``such child sexual 
                                        abuse material''; and
                                            (cc) by striking ``Such 
                                        property or material'' and 
                                        inserting ``Such child sexual 
                                        abuse material''; and
                    (G) in section 3632(d)(4)(D)(xlii), by striking 
                ``material constituting or containing child 
                pornography'' and inserting ``child sexual abuse 
                material''.
            (8) Tariff act of 1930.--Section 583(a)(2)(B) of the Tariff 
        Act of 1930 (19 U.S.C. 1583(a)(2)(B)) is amended by striking 
        ``child pornography'' and inserting ``child sexual abuse 
        material''.
            (9) Elementary and secondary education act of 1965.--
        Section 4121 of the Elementary and Secondary Education Act of 
        1965 (20 U.S.C. 7131) is amended--
                    (A) in subsection (a)--
                            (i) in paragraph (1)(A)(ii), by striking 
                        ``child pornography'' and inserting ``child 
                        sexual abuse material''; and
                            (ii) in paragraph (2)(A)(ii), by striking 
                        ``child pornography'' and inserting ``child 
                        sexual abuse material''; and
                    (B) in subsection (e)(5)--
                            (i) in the paragraph heading, by striking 
                        ``Child pornography'' and inserting ``Child 
                        sexual abuse material''; and
                            (ii) by striking ``child pornography'' and 
                        inserting ``child sexual abuse material''.
            (10) Museum and library services act.--Section 224(f) of 
        the Museum and Library Services Act (20 U.S.C. 9134(f)) is 
        amended--
                    (A) in paragraph (1)--
                            (i) in subparagraph (A)(i)(II), by striking 
                        ``child pornography'' and inserting ``child 
                        sexual abuse material''; and
                            (ii) in subparagraph (B)(i)(II), by 
                        striking ``child pornography'' and inserting 
                        ``child sexual abuse material''; and
                    (B) in paragraph (7)(A)--
                            (i) in the subparagraph heading, by 
                        striking ``Child pornography'' and inserting 
                        ``Child sexual abuse material''; and
                            (ii) by striking ``child pornography'' and 
                        inserting ``child sexual abuse material''.
            (11) Omnibus crime control and safe streets act of 1968.--
        Section 3031(b)(3) of title I of the Omnibus Crime Control and 
        Safe Streets Act of 1968 (34 U.S.C. 10721(b)(3)) is amended by 
        striking ``child pornography'' and inserting ``child sexual 
        abuse material''.
            (12) Juvenile justice and delinquency prevention act of 
        1974.--Section 404(b)(1)(K) of the Juvenile Justice and 
        Delinquency Prevention Act of 1974 (34 U.S.C. 11293(b)(1)(K)) 
        is amended--
                    (A) in clause (i)(I)(aa), by striking ``child 
                pornography'' and inserting ``child sexual abuse 
                material''; and
                    (B) in clause (ii), by striking ``child 
                pornography'' and inserting ``child sexual abuse 
                material''.
            (13) Victims of crime act of 1984.--Section 1402(d)(6)(A) 
        of the Victims of Crime Act of 1984 (34 U.S.C. 20101(d)(6)(A)) 
        is amended by striking ``Child Pornography Victims Reserve'' 
        and inserting ``Reserve for Victims of Child Sexual Abuse 
        Material''.
            (14) Victims of child abuse act of 1990.--The Victims of 
        Child Abuse Act of 1990 (34 U.S.C. 20301 et seq.) is amended--
                    (A) in section 212(4) (34 U.S.C. 20302(4)), by 
                striking ``child pornography'' and inserting ``child 
                sexual abuse material'';
                    (B) in section 214(b) (34 U.S.C. 20304(b))--
                            (i) in the subsection heading, by striking 
                        ``Child Pornography'' and inserting ``Child 
                        Sexual Abuse Material''; and
                            (ii) by striking ``child pornography'' and 
                        inserting ``child sexual abuse material''; and
                    (C) in section 226(c)(6) (34 U.S.C. 20341(c)(6)), 
                by striking ``child pornography'' and inserting ``child 
                sexual abuse material''.
            (15) Sex offender registration and notification act.--
        Section 111 of the Sex Offender Registration and Notification 
        Act (34 U.S.C. 20911) is amended--
                    (A) in paragraph (3)(B)(iii), by striking ``child 
                pornography'' and inserting ``child sexual abuse 
                material''; and
                    (B) in paragraph (7)(G), by striking ``child 
                pornography'' and inserting ``child sexual abuse 
                material''.
            (16) Adam walsh child protection and safety act of 2006.--
        Section 143(b)(3) of the Adam Walsh Child Protection and Safety 
        Act of 2006 (34 U.S.C. 20942(b)(3)) is amended by striking 
        ``child pornography and enticement cases'' and inserting 
        ``cases involving child sexual abuse material and enticement of 
        children''.
            (17) PROTECT our children act of 2008.--The PROTECT Our 
        Children Act of 2008 (34 U.S.C. 21101 et seq.) is amended--
                    (A) in section 101(c) (34 U.S.C. 21111(c))--
                            (i) in paragraph (16)--
                                    (I) in the matter preceding 
                                subparagraph (A), by striking ``child 
                                pornography trafficking'' and inserting 
                                ``trafficking in child sexual abuse 
                                material'';
                                    (II) in subparagraph (A), by 
                                striking ``child pornography'' and 
                                inserting ``child sexual abuse 
                                material'';
                                    (III) in subparagraph (B), by 
                                striking ``child pornography'' and 
                                inserting ``child sexual abuse 
                                material'';
                                    (IV) in subparagraph (C), by 
                                striking ``child pornography'' and 
                                inserting ``child sexual abuse 
                                material''; and
                                    (V) in subparagraph (D), by 
                                striking ``child pornography'' and 
                                inserting ``child sexual abuse 
                                material''; and
                            (ii) in paragraph (17)(A), by striking 
                        ``child pornography'' and inserting ``child 
                        sexual abuse material''; and
                    (B) in section 105(e)(1)(C) (34 U.S.C. 
                21115(e)(1)(C)), by striking ``child pornography 
                trafficking'' and inserting ``trafficking in child 
                sexual abuse material''.
            (18) Social security act.--Section 471(a)(20)(A)(i) of the 
        Social Security Act (42 U.S.C. 671(a)(20)(A)(i)) is amended by 
        striking ``child pornography'' and inserting ``offenses 
        involving child sexual abuse material''.
            (19) Privacy protection act of 1980.--Section 101 of the 
        Privacy Protection Act of 1980 (42 U.S.C. 2000aa) is amended--
                    (A) in subsection (a)(1), by striking ``child 
                pornography'' and inserting ``child sexual abuse 
                material''; and
                    (B) in subsection (b)(1), by striking ``child 
                pornography'' and inserting ``child sexual abuse 
                material''.
            (20) Child care and development block grant act of 1990.--
        Section 658H(c)(1) of the Child Care and Development Block 
        Grant Act of 1990 (42 U.S.C. 9858f(c)(1)) is amended--
                    (A) in subparagraph (D)(iii), by striking ``child 
                pornography'' and inserting ``offenses relating to 
                child sexual abuse material''; and
                    (B) in subparagraph (E), by striking ``child 
                pornography'' and inserting ``child sexual abuse 
                material''.
            (21) Communications act of 1934.--Title II of the 
        Communications Act of 1934 (47 U.S.C. 201 et seq.) is amended--
                    (A) in section 223 (47 U.S.C. 223)--
                            (i) in subsection (a)(1)--
                                    (I) in subparagraph (A), in the 
                                undesignated matter following clause 
                                (ii), by striking ``child pornography'' 
                                and inserting ``which constitutes child 
                                sexual abuse material''; and
                                    (II) in subparagraph (B), in the 
                                undesignated matter following clause 
                                (ii), by striking ``child pornography'' 
                                and inserting ``which constitutes child 
                                sexual abuse material''; and
                            (ii) in subsection (d)(1), in the 
                        undesignated matter following subparagraph (B), 
                        by striking ``child pornography'' and inserting 
                        ``that constitutes child sexual abuse 
                        material''; and
                    (B) in section 254(h) (47 U.S.C. 254(h))--
                            (i) in paragraph (5)--
                                    (I) in subparagraph (B)(i)(II), by 
                                striking ``child pornography'' and 
                                inserting ``child sexual abuse 
                                material''; and
                                    (II) in subparagraph (C)(i)(II), by 
                                striking ``child pornography'' and 
                                inserting ``child sexual abuse 
                                material'';
                            (ii) in paragraph (6)--
                                    (I) in subparagraph (B)(i)(II), by 
                                striking ``child pornography'' and 
                                inserting ``child sexual abuse 
                                material''; and
                                    (II) in subparagraph (C)(i)(II), by 
                                striking ``child pornography'' and 
                                inserting ``child sexual abuse 
                                material''; and
                            (iii) in paragraph (7)(F)--
                                    (I) in the subparagraph heading, by 
                                striking ``Child pornography'' and 
                                inserting ``Child sexual abuse 
                                material''; and
                                    (II) by striking ``child 
                                pornography'' and inserting ``child 
                                sexual abuse material''.
    (c) Table of Sections Amendments.--
            (1) Chapter 110 of title 18.--The table of sections for 
        chapter 110 of title 18, United States Code, is amended--
                    (A) by striking the item relating to section 2252A 
                and inserting the following:

``2252A. Certain activities relating to child sexual abuse material.'';
                    (B) by striking the item relating to section 2258C 
                and inserting the following:

``2258C. Use of technical elements from reports made to the 
                            CyberTipline to combat child sexual abuse 
                            material.'';
                    (C) by striking the item relating to section 2259A 
                and inserting the following:

``2259A. Assessments in cases involving child sexual abuse material.'';
                and
                    (D) by striking the item relating to section 2259B 
                and inserting the following:

``2259B. Reserve for victims of child sexual abuse material.''.
            (2) Chapter 117 of title 18.--The table of sections for 
        chapter 117 of title 18, United States Code, is amended by 
        striking the item relating to section 2427 and inserting the 
        following:

``2427. Inclusion of offenses relating to child sexual abuse material 
                            in definition of sexual activity for which 
                            any person can be charged with a criminal 
                            offense.''.
    (d) Amendment to the Federal Sentencing Guidelines.--Pursuant to 
its authority under section 994(p) of title 28, United States Code, and 
in accordance with this section, the United States Sentencing 
Commission shall amend the Federal sentencing guidelines, including 
application notes, to replace the terms ``child pornography'' and 
``child pornographic material'' with ``child sexual abuse material''.
    (e) Effective Date.--The amendments made by this section to title 
18 of the United States Code shall apply to conduct that occurred 
before, on, or after the date of enactment of this Act.

SEC. 206. INELIGIBILITY DUE TO DISQUALIFYING MENTAL STATUS.

    (a) Unlawful Acts Related to Firearms.--Section 922 of title 18, 
United States Code, is amended by striking ``adjudicated as a mental 
defective'' each place such term appears and inserting ``adjudicated as 
ineligible due to disqualifying mental status''.
    (b) Possession by Restricted Persons.--Section 175b(d)(2)(F) of 
title 18, United States Code, is amended by striking ``adjudicated as a 
mental defective'' and inserting ``adjudicated as ineligible due to 
disqualifying mental status''.
    (c) Unlawful Acts Related to Explosives.--Section 842 of title 18, 
United States Code, is amended--
            (1) in subsection (d)(6), by striking ``adjudicated a 
        mental defective'' and inserting ``adjudicated as ineligible 
        due to disqualifying mental status''; and
            (2) in subsection (i)(4), by striking ``adjudicated as a 
        mental defective'' and inserting ``adjudicated as ineligible 
        due to disqualifying mental status''.
    (d) NICS Improvement Amendments Act of 2007.--The NICS Improvement 
Amendments Act of 2007 (34 U.S.C. 40902 et seq.) is amended--
            (1) by striking ``adjudicated as a mental defective'' each 
        place such term appears and inserting ``adjudicated as 
        ineligible due to disqualifying mental status''; and
            (2) in section 101(c)(3) (34 U.S.C. 40911(c)(3))--
                    (A) in the matter preceding subparagraph (A), by 
                striking ``adjudicate a person as a mental defective'' 
                and inserting ``adjudicate a person as ineligible due 
                to disqualifying mental status''; and
                    (B) in subparagraph (A), by striking ``adjudicate 
                the person as a mental defective'' and inserting 
                ``adjudicate the person as ineligible due to 
                disqualifying mental status''.
                                 <all>