[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>