,,ii #aahth ,,congress #ast ,session ,s4 #beig ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,july #bg1 #bjbc ,ms4 ,warren 7for herself and ,mr4 ,graham7 introduced the following bill2 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 platforms1 including with respect to competition1 transparency1 privacy1 and national security4 #a4 ,short title ,this ,act may be cited as the ,digital ,consumer ,protection ,commission ,act of #bjbc4 ,i ,amendments to ,clayton ,act #aja4 ,establishment of ,digital ,consumer ,protection ,commission ,the ,clayton ,act 7#ae ,u4,s4,c4 #ab et seq47 is amended-- 7#a7 by striking ,that 7a7 and inserting the following3 ,a ,original antitrust provisions #a4 7a7 ,the term 2 7#b7 in division ,a1 as so designated1 by adding at the end the following3 #bi4 7a7 ,any reference to this ,act in this division shall be deemed to be a reference to this division4 7b7 ,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 ,act4 2 and 7#c7 by adding at the end the following3 ,b ,digital ,consumer ,protection ,commission #bjja4 ,table of contents ,the table of contents for this division is as follows3 ,sec4 #bjja4 ,table of contents4 ,sec4 #bjjb4 ,definitions4 ,,title ,i--,establishment of ,digital ,consumer ,protection ,commission ,subtitle ,a--,commission structure1 jurisdiction1 and powers ,sec4 #baaa4 ,establishment4 ,sec4 #baab4 ,commissioners4 ,sec4 #baac4 ,designation of acting chairperson2 sessions2 seal4 ,sec4 #baad4 ,commission jurisdiction4 ,sec4 #baae4 ,commission powers4 ,sec4 #baaf4 ,rulemaking authority4 ,sec4 #baag4 ,advisory boards4 ,sec4 #baah4 ,complaints4 ,subtitle ,b--,dominant platforms ,sec4 #baba4 ,dominant platforms4 ,,title ,,ii--,transparency reform ,sec4 #bbja4 ,transparency practices and appeal rights4 ,sec4 #bbjb4 ,best practices4 ,,title ,,iii--,competition reform ,subtitle ,a--,antitrust review ,sec4 #bcaa4 ,abuses of dominance4 ,sec4 #bcab4 ,platform conflicts of interest4 ,sec4 #bcac4 ,future acquisitions4 ,sec4 #bcad4 ,retrospective reviews4 ,sec4 #bcae4 ,additional remedies4 ,sec4 #bcaf4 ,contractual transparency4 ,sec4 #bcag4 ,prohibition on abusive acts or practices4 ,sec4 #bcah4 ,data brokers4 ,subtitle ,b--,data portability and interoperability4 ,sec4 #bcba4 ,data portability and interoperability4 ,subtitle ,c--,miscellaneous ,sec4 #bcca4 ,rule of construction4 ,,title ,,iv--,privacy reform ,subtitle ,a--,covered entity duties and requirements4 ,sec4 #bdaa4 ,duty of loyalty4 ,sec4 #bdab4 ,duty of care4 ,sec4 #bdac4 ,duty of mitigation4 ,sec4 #bdad4 ,duty of confidentiality2 data collection and processing4 ,sec4 #bdae4 ,limitations on targeted advertising4 ,sec4 #bdaf4 ,rights of data subjects to access1 correction1 portability1 and deletion4 ,sec4 #bdag4 ,right to know4 ,subtitle ,b--,data security reform ,sec4 #bdba4 ,data security safeguards4 ,sec4 #bdbb4 ,civil penalties and damages for data breaches4 ,subtitle ,c--,miscellaneous ,sec4 #bdca4 ,authority to propose and establish heightened requirements for dominant platform operators4 ,,title ,v--,national ,security ,reform ,sec4 #beja4 ,corporate citizenship and ownership4 ,sec4 #bejb4 ,limitation of data processing in restricted countries4 ,sec4 #bejc4 ,bot and country-of-origin identifications4 ,,title ,,vi--,licenses for operators of dominant platforms ,sec4 #bfja4 ,licensing office4 ,sec4 #bfjb4 ,requirement for operators of dominant platforms to obtain licenses4 ,sec4 #bfjc4 ,revocation of license4 ,sec4 #bfjd4 ,compliance certification4 ,,title ,,vii--,enforcement by other entities ,sec4 #bgja4 ,enforcement by ,states1 private parties1 and ,federal agencies4 ,sec4 #bgjb4 ,exclusive jurisdiction4 ,,title ,,viii--,miscellaneous ,sec4 #bhja4 ,funding4 ,sec4 #bhjb4 ,interagency cooperation4 ,sec4 #bhjc4 ,effective date4 ,sec4 #bhjd4 ,rules of construction4 ,sec4 #bhje4 ,severability4 #bjjb4 ,definitions ,in this division3 7#a7 ,algorithm 7,a7 ,in general ,the term algorithm means a computational process derived from machine learning1 statistics1 or other data processing or artificial intelligence techniques1 that processes data for the purpose of-- 7i7 making a decision or facilitating human decision-making2 7ii7 generating content2 7iii7 the display of search results or rankings2 or 7iv7 any other method of automated decision-making1 content selection1 or content amplification4 7,b7 ,temporal scope ,the term algorithm encompasses a computational process described in subparagraph 7,a7 as it evolves over time1 not just at its original point of creation4 7#b7 ,business user ,the term business user1 with respect to a platform1 means a person that uses or plans to use the platform for the sale or provision of products or services4 7#c7 ,child ,the term child means an individual younger than #ah years of age4 7#d7 ,clear and conspicuous ,the term clear and conspicuous1 with respect to a disclosure1 means the disclosure is easily noticeable and easily understandable by ordinary consumers1 including in each of the following ways3 7,a7 ,in any communication that is solely visual or solely audible1 the disclosure shall be made through the same means through which the communication is presented4 7,b7 ,a visual disclosure1 by its size1 contrast1 location1 the length of time it appears1 and other characteristics1 shall stand out from any accompanying text or other visual elements so that the disclosure is easily noticed1 read1 and understood4 7,c7 ,an audible disclosure1 including by telephone or streaming video1 shall be delivered in a volume1 speed1 and cadence sufficient for an ordinary consumer to easily hear and understand the disclosure4 7,d7 ,in any communication using an interactive electronic medium1 such as the internet or software1 the disclosure shall be unavoidable4 7,e7 ,the disclosure shall-- 7i7 use diction and syntax understandable to ordinary consumers2 and 7ii7 appear in each language in which the communication in which the disclosure appears is presented4 7,f7 ,the disclosure shall comply with the requirements under this paragraph in each medium through which the disclosure appears1 including all electronic devices and face-to-face communications4 7,g7 ,the disclosure may not be contradicted or mitigated by1 or inconsistent with1 anything else in the communication4 7,h7 ,if the representation or sales practice targets a specific audience1 such as children1 the elderly1 or the terminally ill1 the term ordinary consumer1 as used in this paragraph1 includes reasonable members of that audience4 7#e7 ,commission ,the term ,commission1 except as otherwise provided1 means the ,digital ,consumer ,protection ,commission established under section #baaa4 7#f7 ,control ,the term control1 with respect to a person or platform1 means-- 7,a7 holding not less than #be percent of the stock of the person or platform2 7,b7 having the right to not less than #be percent of the profits of the person or platform2 7,c7 having the right to not less than #be percent of the assets of the person or platform1 in the event of the dissolution of the person or platform2 7,d7 if the person or platform is a corporation1 having the power to designate not less than #be percent of the directors of the person or platform2 7,e7 if the person or platform is a trust1 having the power to designate not less than #be percent of the trustees2 or 7,f7 otherwise exercising substantial ability to direct the actions of the person or platform4 7#g7 ,covered breach ,the term covered breach means any instance in which not less than #a piece of personal data held by a covered entity is exposed1 or is reasonably likely to have been exposed1 to an unauthorized party4 7#h7 ,covered entity 7,a7 ,in general ,subject to subparagraph 7,b71 the term covered entity-- 7i7 means any person that collects1 processes1 or transfers personal data and-- 7,i7 is subject to the ,federal ,trade ,commission ,act 7#ae ,u4,s4,c4 #da et seq472 or 7,,ii7 is-- 7aa7 a bank1 savings and loan institution described in section #ah7;f77#c7 of the ,federal ,trade ,commission ,act 7#ae ,u4,s4,c4 #eg;a7f77#c771 or ,federal credit union described in section #ah7;f77#d7 of such ,act2 7bb7 a common carrier subject to the ,acts to regulate commerce 7as defined in section #d of the ,federal ,trade ,commission ,act 7#ae ,u4,s4,c4 #dd772 7cc7 an air carrier or foreign air carrier subject to the ,federal ,aviation ,act of #aieh 7#di ,u4,s4,c4 ,app4 #acja et seq472 or 7dd7 a person1 partnership1 or corporation subject to the ,packers and ,stockyards ,act1 #aiba1 as amended2 and 7ii7 includes any person that controls1 is controlled by1 or is under common control with the covered entity4 7,b7 ,exclusions ,such term does not include-- 7i7 a ,federal1 ,state1 ,tribal1 territorial1 or local government entity such as a body1 authority1 board1 bureau1 commission1 district1 agency1 or political subdivision of the ,federal ,government or a ,state1 ,tribal1 territorial1 or local government2 7ii7 a person that is collecting1 processing1 or transferring personal data on behalf of a ,federal1 ,state1 ,tribal1 territorial1 or local government entity1 in so far as such person is acting as a service provider to the government entity2 or 7iii7 an entity that serves as a congressionally designated nonprofit1 national resource center1 and clearinghouse to provide assistance to victims1 families1 child-serving professionals1 and the general public on missing and exploited children issues4 7#i7 ,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-- 7,a7 the users or customers of the business user2 or 7,b7 a tool or service that the business user needs to effectively serve the users or customers of the business user4 7#aj7 ,data broker ,the term data broker means a person that collects1 buys1 licenses1 or infers data about individuals and then sells1 licenses1 or trades that data in a commercial transaction4 7#aa7 ,data processing ,the term data processing-- 7,a7 means any operation or set of operations that is performed on personal data or on sets of personal data1 whether or not by automated means1 such as collection1 recording1 organization1 structuring1 storage1 adaptation or alteration1 retrieval1 consultation1 use1 disclosure by transmission1 dissemination or otherwise making available1 alignment or combination1 restriction1 or erasure or destruction2 and 7,b7 includes the sale1 resale1 licensing1 or trading of personal data4 7#ab7 ,de-identified data ,the term de-identified data means data1 derived from sensitive personal data1 that cannot reasonably be used to infer information about1 or otherwise be linked to1 an identified or identifiable individual or household1 or a device linked to such an individual or household4 7#ac7 ,dominant platform ,the term dominant platform has the meaning given the term in section #baba4 7#ad7 ,governmental entity ,the term governmental entity means a department or agency of-- 7,a7 the ,united ,states2 7,b7 a ,state or political subdivision thereof2 or 7,c7 a foreign country or political subdivision thereof4 7#ae7 ,operator ,the term operator1 with respect to a platform1 means a person that owns or controls the platform4 7#af7 ,personal data ,the term personal data-- 7,a7 means information collected through activity on a platform that identifies or is linked or reasonably linkable to-- 7i7 a user of the platform or any individual2 or 7ii7 a device routinely used by or associated with a user of the platform or any individual2 and 7,b7 does not include-- 7i7 de-identified data2 or 7ii7 publicly available information4 7#ag7 ,platform ,the term platform means a website1 online or mobile application1 operating system1 online advertising exchange1 digital assistant1 or other digital service that-- 7,a7 enables a user to-- 7i7 generate content that can be viewed by other users on the website1 online or mobile application1 operating system1 online advertising exchange1 digital assistant1 or other digital service2 or 7ii7 interact with other content on the website1 online or mobile application1 operating system1 online advertising exchange1 digital assistant1 or other digital service2 7,b7 facilitates the offering1 sale1 purchase1 payment1 or shipping of products or services1 including software applications and online advertising1 among consumers or businesses not controlled by the website1 online or mobile application1 operating system1 online advertising exchange1 digital assistant1 or other digital service2 or 7,c7 enables user searches or queries that access or display a large volume of information4 7#ah7 ,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-- 7,a7 owning or controlling a line of business that competes against third parties on that platform1 if the person has the ability and incentive to1 or does-- 7i7 advantage its own business on the platform over third-party competitors on the platform2 or 7ii7 disadvantage the business of third-party competitors on the platform2 or 7,b7 representing both buyers and sellers for transactions or business on the platform4 7#ai7 ,restricted country ,the term restricted country means a country for which a prohibition or a policy of denial applies under section #abf4a of title #bb1 ,code of ,federal ,regulations 7or a successor regulation74 7#bj7 ,sensitive personal data 7,a7 ,in general ,the term sensitive personal data means any of the following forms of personal data3 7i7 ,a unique1 government-issued identifier1 such as a ,social ,security number1 passport number1 or driver's license number1 that is not required to be displayed to the public4 7ii7 ,date of birth4 7iii7 ,cellphone number4 7iv7 ,any data that describes or reveals-- 7,i7 the search for1 attempt to obtain1 or receipt of any health services2 7,,ii7 any past1 present1 or future disability1 physical health condition1 mental health condition1 or health condition of an individual2 or 7,,iii7 any treatment or diagnosis of a disability or condition described in subclause 7,,ii74 7v7 ,a financial account number1 debit card number1 or credit card number1 or any required security or access code1 password1 or credentials allowing access to a financial account4 7vi7 ,credit scores related to financial capacity4 7vii7 ,household or personal income4 7viii7 ,biometric information4 7ix7 ,a persistent identifier4 7x7 ,precise geolocation information4 7xi7 ,the contents of a private communication of an individual1 such as an email1 a text1 a direct message1 or mail1 or the identity of the parties subject to the communication4 7xii7 ,account log-in credentials1 such as a user name or email address1 in combination with a password or security question and answer that would permit access to an online account4 7xiii7 ,data revealing an individual's racial or ethnic origin or religious beliefs4 7xiv7 ,data revealing sexual orientation1 gender identity1 or sex characteristics4 7xv7 ,data pertaining to an individual's sex life4 7xvi7 ,data about online activity that addresses or reveals a category of covered data described in another clause of this subparagraph4 7xvii7 ,data that is calendar information1 address book information1 phone or text logs1 photos1 or videos maintained for private use on an individual's device4 7xviii7 ,any data collected or processed by a platform operator from which the platform operator infers data described in another clause of this subparagraph4 7xix7 ,any other category of data designated by the ,commission pursuant to a rulemaking under section #eec of title #e1 ,united ,states ,code4 7,b7 ,biometric information ,for purposes of subparagraph 7,a71 the term biometric information-- 7i7 means the physiological or biological characteristics of an individual1 including deoxyribonucleic acid2 and 7ii7 includes-- 7,i7 imagery of the iris1 retina1 fingerprint1 face1 hand1 palm1 vein patterns1 and voice recordings1 from which an identifier template1 such as a faceprint1 a minutiae template1 or a voiceprint1 can be extracted2 and 7,,ii7 keystroke patterns or rhythms1 gait patterns or rhythms1 and sleep1 health1 or exercise data that contain identifying information4 7,c7 ,persistent identifier ,for purposes of subparagraph 7,a71 the term persistent identifier means a technologically derived identifier that identifies an individual1 or is linked or reasonably linkable to an individual over time and across services and platforms1 which may include a customer number held in a cookie1 a static internet protocol address1 a processor or device serial number1 or another unique device identifier4 7,d7 ,precise geolocation information ,for purposes of subparagraph 7,a71 the term precise geolocation information means data capable of determining the past or present physical location of an individual or an individual's device1 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 #e1bhj feet or less4 7#ba7 ,state ,the term ,state includes the ,district of ,columbia and any territory or possession of the ,united ,states4 7#bb7 ,terms of service ,the term terms of service means any agreement between an operator of a platform and a user of the platform1 including terms of service1 terms of use1 a privacy policy1 a use of data policy1 a cookies policy1 an advertisement policy1 a community-standards policy1 commercial terms1 a safety policy1 and a content-moderation policy4 7#bc7 ,user ,the term user1 with respect to a platform-- 7,a7 means a person that-- 7i7 engages with the platform2 or 7ii7 logs into or uses services provided by the platform over the internet or any other digital network2 and 7,b7 includes a business user of the platform4 ,i ,establishment of ,digital ,consumer ,protection ,commission ,a ,commission structure1 jurisdiction1 and powers #baaa4 ,establishment ,there is established an independent regulatory commission to be known as the ,digital ,consumer ,protection ,commission1 which shall be constituted as provided in this division and execute and enforce the provisions of this division4 #baab4 ,commissioners 7a7 ,number of commissioners2 appointment ,the ,commission shall be composed of #e commissioners appointed by the ,president1 by and with the advice and consent of the ,senate4 7b7 ,terms of office 7#a7 ,in general ,a commissioner shall be appointed for a term of #e years and may be removed by the ,president only for neglect of duty or malfeasance in office4 7#b7 ,initial commissioners ,the commissioners first appointed to the ,commission shall continue in office for terms of #a1 #b1 #c1 #d1 and #e years1 respectively1 from the date of enactment of this division1 the term of each to be designated by the ,president at the time of nomination4 7c7 ,qualifications 7#a7 ,political parties ,not more than #c commissioners may be members of the same political party4 7#b7 ,conflicts of interest 7,a7 ,in general ,no commissioner or person employed by the ,commission may-- 7i7 be financially interested in any platform operator2 7ii7 be financially interested in any company or other entity that-- 7,i7 controls any platform operator2 or 7,,ii7 derives a significant portion of its total income from ownership of stocks1 bonds1 or other securities of any platform operator2 or 7iii7 be employed by1 hold any official relation to1 or own any stocks1 bonds1 or other securities of1 any platform operator4 7,b7 ,waiver 7i7 ,in general ,subject to section #bjh of title #ah1 ,united ,states ,code1 the ,commission may waive1 from time to time1 the application of the prohibitions under subparagraph 7,a7 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 minimal4 7ii7 ,no waiver for commissioners ,the waiver authority under clause 7i7 shall not apply with respect to commissioners4 7iii7 ,publication ,if the ,commission exercises the waiver authority under clause 7i71 the ,commission shall publish notice of that action in the ,federal ,register4 7,c7 ,exceptions 7i7 ,in general ,nothing in this paragraph shall be construed to prevent a commissioner or a person employed by the ,commission from owning or trading-- 7,i7 a widely held investment fund1 if the widely held investment fund-- 7aa7 does not present a conflict of interest2 and 7bb7 is diversified2 7,,ii7 shares of ,settlement ,common ,stock issued under section #g7;g77#a77;,a7 of the ,alaska ,native ,claims ,settlement ,act 7#dc ,u4,s4,c4 #afjf7;g77#a77;,a772 7,,iii7 shares of ,settlement ,common ,stock1 as defined in section #c of the ,alaska ,native ,claims ,settlement ,act 7#dc ,u4,s4,c4 #afjb72 7,,iv7 a ,united ,states ,treasury bill1 note1 or bond2 7,v7 an investment fund held in a ,federal1 ,state1 or local government employee retirement plan2 7,,vi7 an interest in a small business concern1 if the small business concern does not present a conflict of interest2 or 7,,vii7 any stock1 bond1 commodity1 future1 or other form of security1 including an interest in a hedge fund1 a derivative1 option1 or other complex investment vehicle received as compensation from the primary occupation of the spouse of the commissioner or person employed by the ,commission4 7ii7 ,definitions ,in this subparagraph3 7,i7 ,commodity ,the term commodity has the meaning given that term in section #a;a of the ,commodity ,exchange ,act 7#g ,u4,s4,c4 #a;a74 7,,ii7 ,diversified ,the term diversified1 with respect to an investment fund1 means that the investment fund does not have a stated policy of overly concentrating its investments4 7,,iii7 ,security ,the term security has the meaning given that term in section #c7;a7 of ,securities ,exchange ,act of #aicd 7#ae ,u4,s4,c4 #gh;c7a774 7,,iv7 ,small business concern ,the term small business concern has the meaning given that term under section #c of the ,small ,business ,act 7#ae ,u4,s4,c4 #fcb74 7,v7 ,widely held investment fund ,the term widely held investment fund means a widely held investment fund described in section #ajb7;f77#h7 of the ,ethics in ,government ,act of #aigh 7#e ,u4,s4,c4 ,app474 7d7 ,vacancies 7#a7 ,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 term4 7#b7 ,service after expiration of term ,a commissioner-- 7,a7 except as provided in subparagraph 7,b71 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 office2 and 7,b7 may not continue to serve after the end of the session of the ,congress during which the term of the commissioner expires4 7#c7 ,acting commissioner 7,a7 ,in general ,if a vacancy exists more than #ij days after the date on which the ,president first submits to the ,senate a nomination of a person to fill a vacancy on the ,commission1 the ,president may appoint an acting commissioner to serve on the ,commission until the vacancy is filled1 subject to subparagraph 7,b74 7,b7 ,maximum term ,an acting commissioner appointed under subparagraph 7,a7 may serve on the ,commission for not more than #baj days4 7e7 ,employment ,a commissioner may not engage in any other business1 vocation1 or employment while serving on the ,commission4 7f7 ,chairperson 7#a7 ,designation ,the ,president shall designate #a commissioner to serve as the chairperson of the ,commission4 7#b7 ,duties ,the chairperson of the ,commission shall oversee the executive and administrative operations of the ,commission1 including functions of the ,commission with respect to-- 7,a7 the appointment and employment of hearing examiners in accordance with the provisions of title #e1 ,united ,states ,code2 7,b7 the selection1 appointment1 and fixing of the compensation of any personnel that the chairperson determines necessary1 including an executive director2 7,c7 the supervision of personnel employed by or assigned to the ,commission1 except that each commissioner may select and supervise personnel for the personal staff of that commissioner2 7,d7 the distribution of business among personnel and among administrative units of the ,commission2 and 7,e7 the procurement of services of experts and consultants in accordance with section #caji of title #e1 ,united ,states ,code4 7g7 ,salary of ,commissioners 7#a7 ,in general ,each ,commissioner shall receive an annual salary at the annual rate payable from time to time for grade #af of the pay scale of the ,securities and ,exchange ,commission1 payable in monthly installments4 7#b7 ,chair ,the chairperson of the ,commission1 during the period of service as chairperson1 shall receive an annual salary at the annual rate payable from time to time for grade #ag of the pay scale of the ,securities and ,exchange ,commission4 7h7 ,employees ,the ,commission may1 subject to the civil service laws and the ,classification ,act of #aidi1 as amended1 appoint such officers1 engineers1 accountants1 attorneys1 inspectors1 examiners1 and other employees as are necessary in the exercise of its functions4 #baac4 ,designation of acting chairperson2 sessions2 seal 7a7 ,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 absence4 7b7 ,sessions of ,commission 7#a7 ,presiding official ,the chairperson 7or the acting chairperson in the absence of the chairperson7 shall preside at all sessions of the ,commission4 7#b7 ,quorum ,three members of the ,commission shall constitute a quorum for the transaction of business4 7#c7 ,vote ,each commissioner1 including the chairperson1 shall have #a vote4 7#d7 ,majority vote ,actions of the ,commission shall be determined by a majority vote of the members present4 7c7 ,seal ,the ,commission shall have an official seal which shall be judicially noticed4 #baad4 ,commission jurisdiction 7a7 ,functions ,the ,commission shall-- 7#a7 implement and enforce the provisions of this division2 and 7#b7 promote competition1 privacy1 national security1 and transparency on platforms4 7b7 ,jurisdiction2 oversight ,the ,commission shall have jurisdiction and oversight over-- 7#a7 all covered entities1 including all platform operators2 and 7#b7 any employee of a covered entity1 including a platform operator1 who the ,commission believes-- 7,a7 may have violated this division1 a rule promulgated under this division1 or an administrative order issued under this division2 or 7,b7 may have knowledge regarding a violation of this division1 a rule promulgated under this division1 or an administrative order issued under this division4 #baae4 ,commission powers 7a7 ,investigative authority 7#a7 ,scope 7,a7 ,in general ,the ,commission may investigate any facts1 conditions1 practices1 or matters that the ,commission may find necessary or proper to-- 7i7 determine whether any covered entity 7including any platform operator7 or any employee described in section #baad7;b77#b7 has violated or is about to violate any provision of this division1 a rule promulgated under this division1 or an administrative order issued under this division2 or 7ii7 aid in-- 7,i7 the enforcement of this division2 7,,ii7 prescribing rules or regulations under this division2 or 7,,iii7 obtaining information to serve as a basis for recommending further legislation concerning the matters to which this division relates4 7,b7 ,statements2 publication of information ,the ,commission-- 7i7 may permit any person1 platform1 or platform operator to file with the ,commission a statement in writing under oath or otherwise1 as the ,commission shall determine1 as to any or all facts and circumstances concerning a matter which may be the subject of investigation2 and 7ii7 in the discretion of the ,commission1 may publish information concerning any subject of investigation described in clause 7i74 7#b7 ,attendance of witnesses and production of documents 7,a7 ,in general ,for the purpose of any investigation or any other proceeding under this division1 the ,commission1 or any officer designated by the ,commission1 may administer oaths and affirmations1 subpoena witnesses1 compel their attendance1 take evidence1 and require the production of any books1 papers1 correspondence1 memoranda1 contracts1 agreements1 or other records that the ,commission finds relevant or material to the inquiry4 7,b7 ,location ,the attendance of witnesses and the production of any records described in subparagraph 7,a7 may be required from any place in the ,united ,states at any designated place of hearing4 7,c7 ,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 ,states4 7#c7 ,resort to courts of ,united ,states for failure to obey subpoena2 punishment 7,a7 ,in general ,in case of contumacy by1 or refusal to obey a subpoena issued to1 any person1 the ,commission may invoke the aid of any court of the ,united ,states within the jurisdiction of which the investigation or proceeding is carried on1 or where the person resides or carries on business1 in requiring-- 7i7 the attendance and testimony of witnesses2 and 7ii7 the production of books1 papers1 correspondence1 memoranda1 contracts1 agreements1 and other records4 7,b7 ,court order 7i7 ,in general ,a court of the ,united ,states whose aid is invoked under subparagraph 7,a7 may issue an order requiring the applicable person to appear before the ,commission or a member or officer designated by the ,commission1 there to produce records1 if so ordered1 or to give testimony touching the matter under investigation or in question4 7ii7 ,contempt ,a court may punish any failure to obey an order of the court issued under clause 7i7 as a contempt thereof4 7,c7 ,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 business4 7,d7 ,criminal penalty 7i7 ,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 books1 papers1 correspondence1 memoranda1 contracts1 agreements1 or other records1 if in the power of the person so to do1 in obedience to a subpoena of the ,commission under this paragraph4 7ii7 ,penalty ,any person who violates clause 7i7 shall be fined not more than #ajj1jjj1 imprisoned for not more than #a year1 or both4 7#d7 ,testimony by deposition 7,a7 ,instance of party ,the testimony of any witness may be taken1 at the instance of a party1 in any proceeding or investigation pending before the ,commission1 by deposition1 at any time after the proceeding is at issue4 7,b7 ,commission order ,the ,commission may order testimony to be taken by deposition in any proceeding or investigation pending before the ,commission1 at any stage of the proceeding or investigation4 7,c7 ,person taking deposition ,a deposition under subparagraph 7,a7 or 7,b7 may be taken before any person authorized to administer oaths not being of counsel or attorney to either of the parties1 nor interested in the proceeding or investigation4 7,d7 ,notice ,the party or the party's attorney proposing to take a deposition under subparagraph 7,a7 or 7,b7 shall first give notice in writing to the opposite party or the opposite party's attorney of record1 as either may be nearest1 which notice shall state the name of the witness and the time and place of the taking of the deposition4 7,e7 ,compulsion to appear1 depose1 and produce documentary evidence ,any person may be compelled to appear and depose1 and to produce documentary evidence1 in the same manner as witnesses may be compelled to appear and testify and produce documentary evidence before the ,commission1 as provided in paragraphs 7#b7 and 7#c74 7,f7 ,writing ,testimony in a deposition under subparagraph 7,a7 or 7,b7 shall be reduced to writing by the person taking the deposition1 or under the direction of that person1 and shall1 after the testimony has been reduced to writing1 be signed by the deponent4 7#e7 ,deposition of witness in a foreign country 7,a7 ,in general ,if a witness whose testimony may be desired to be taken by deposition is in a foreign country1 the deposition may be taken before an officer or person designated by the ,commission1 or agreed upon by the parties by stipulation in writing to be filed with the ,commission4 7,b7 ,filing of depositions ,all depositions taken under subparagraph 7,a7 shall be promptly filed with the ,commission4 7#f7 ,deposition fees ,a witness whose deposition is taken as authorized under this subsection1 and the person or officer taking the deposition1 shall be entitled to the same fees as are paid for like services in the courts of the ,united ,states4 7b7 ,hearings2 rules of procedure 7#a7 ,hearings 7,a7 ,in general ,hearings under this division may be held before the ,commission or any representative of the ,commission designated by the ,commission4 7,b7 ,records ,the ,commission shall keep appropriate records of any hearing described in subparagraph 7,a74 7,c7 ,admission of parties ,in any proceeding before it1 the ,commission1 in accordance with any rules that the ,commission may prescribe1 may admit as a party-- 7i7 any interested ,state1 ,state commission1 or municipality2 7ii7 any representative of interested consumers or security holders2 7iii7 any competitor of a party to the proceeding2 or 7iv7 any other person whose participation in the proceeding may be in the public interest1 as determined by the ,commission4 7#b7 ,rules of procedure 7,a7 ,in general ,the ,commission-- 7i7 shall adopt rules of practice and procedure that govern each hearing1 investigation1 or proceeding under this division2 and 7ii7 need not apply the ,federal ,rules of ,evidence in the conduct of a hearing1 investigation1 or proceeding under this division4 7,b7 ,effect of informalities ,no informality in any hearing1 investigation1 or proceeding or in the manner of taking testimony shall invalidate any order1 decision1 or rule issued under the authority of this division4 7c7 ,administrative enforcement ,in addition to other orders authorized under this division1 the ,commission may1 after providing notice and an opportunity for a hearing-- 7#a7 issue an order enjoining a person from engaging in a practice or behavior that violates this division or a rule promulgated under this division2 7#b7 issue an order imposing a civil penalty on a person for a violation of this division1 a rule promulgated under this division1 or an administrative order issued under this division1 not later than #f years after the date on which the violation occurs1 not to exceed #ae percent of the total annual revenue of the person's ultimate parent entity during the preceding #ab-month period2 7#c7 for any person against which an administrative or judicial order is entered determining that the person engaged in a violation of this division1 a rule promulgated under this division1 or an administrative order issued under this division1 issue an order debarring the person from participating in ,federal contracts for a period of not less than #c and not more than #g years2 7#d7 issue an order barring any individual who has violated this division1 a rule promulgated under this division1 or an administrative order issued under this division from participating as a stockholder1 officer1 board member1 employee1 or consultant of an entity in the same market1 as determined by the ,commission1 in which the individual committed the violation2 7#e7 issue an order imposing personal liability on an individual who is the chief executive officer1 chief financial officer1 or chief security officer 7or the respective equivalents7 of a person that has violated this division1 a rule promulgated under this division1 or an administrative order issued under this division for payment of damages and penalties relating to the violation by the person2 7#f7 issue an order requiring disgorgement of all ill-gotten gains made by engaging in a violation of this division1 a rule promulgated under this division1 or an administrative order issued under this division2 and 7#g7 issue an order requiring restitution to all parties injured by a violation of this division1 a rule promulgated under this division1 or an administrative order issued under this division4 7d7 ,review of orders 7#a7 ,administrative review 7,a7 ,application for rehearing 7i7 ,in general ,not later than #cj days after the ,commission issues a final order in a proceeding under this division1 any person aggrieved by the order may apply for a rehearing4 7ii7 ,contents ,an application for rehearing under clause 7i7 shall set forth specifically each ground upon which the application is based4 7,b7 ,commission action 7i7 ,in general ,upon application under subparagraph 7,a71 the ,commission shall-- 7,i7 grant or deny rehearing2 or 7,,ii7 abrogate or modify the order of the ,commission without further hearing4 7ii7 ,application deemed denied ,if the ,commission does not act upon an application for rehearing filed under subparagraph 7,a7 during the #cj-;day period beginning on the date of filing1 the application shall be deemed to have been denied for purposes of paragraph 7#b77;,a74 7,c7 ,modification of order ,until the ,commission has filed the record in a proceeding in a court of appeals1 as provided in paragraph 7#b71 the ,commission may at any time1 upon reasonable notice and in such manner as the ,commission shall determine proper1 modify or set aside1 in whole or in part1 any finding or order made or issued by the ,commission under this division4 7#b7 ,judicial review 7,a7 ,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 ,circuit1 by filing in that court1 not later than #fj days after the date on which the ,commission disposes of the application for rehearing under paragraph 7#a71 a written petition praying that the order of the ,commission be modified or set aside in whole or in part4 7,b7 ,transmittal to ,commission ,upon the filing of a petition under subparagraph 7,a71 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 ,commission4 7,c7 ,filing of record ,upon receipt of a copy of a petition under subparagraph 7,b71 the ,commission shall file with the court the record upon which the order complained of was entered1 as provided in section #baab of title #bh1 ,united ,states ,code4 7,d7 ,jurisdiction of court 7i7 ,jurisdiction upon filing of petition ,upon the filing of a petition under subparagraph 7,a7 with respect to an order1 the ,united ,states ,court of ,appeals for the ,district of ,columbia ,circuit shall have jurisdiction to affirm1 modify1 or set aside the order in whole or in part4 7ii7 ,exclusive jurisdiction upon filing of record ,upon the filing of the record upon which the order complained of was entered under subparagraph 7,c71 the ,united ,states ,court of ,appeals for the ,district of ,columbia ,circuit shall have exclusive jurisdiction to affirm1 modify1 or set aside the order in whole or in part4 7,e7 ,failure to object during administrative review ,in a review under this paragraph1 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 7#a71 unless there is reasonable ground for failure to so object4 7,f7 ,findings of fact ,in a review under this paragraph1 the findings of the ,commission as to the facts 7including definition of relevant markets and market shares71 if supported by substantial evidence1 shall be conclusive4 7,g7 ,consideration of additional evidence 7i7 ,in general ,if a party applies to the ,united ,states ,court of ,appeals for the ,district of ,columbia ,circuit for leave to adduce additional evidence1 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 ,commission1 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 proper4 7ii7 ,commission actions ,the ,commission-- 7,i7 may modify its findings as to the facts by reason of additional evidence taken under clause 7i72 and 7,,ii7 shall file with the court-- 7aa7 the modified or new findings which1 if supported by substantial evidence1 shall be conclusive2 and 7bb7 its recommendation1 if any1 for the modification or setting aside of the original order4 7,h7 ,judgment and decree of court ,the judgment and decree of the ,united ,states ,court of ,appeals for the ,district of ,columbia ,circuit under this paragraph1 affirming1 modifying1 or setting aside1 in whole or in part1 any order of the ,commission1 shall be final1 subject to review by the ,supreme ,court of the ,united ,states upon writ of certiorari4 7#c7 ,stay of ,commission's order 7,a7 ,administrative review ,the filing of an application for rehearing under paragraph 7#a7 shall not1 unless specifically ordered by the ,commission1 operate as a stay of the ,commission's order4 7,b7 ,judicial review ,the commencement of proceedings under paragraph 7#b7 shall not1 unless specifically ordered by the ,united ,states ,court of ,appeals for the ,district of ,columbia ,circuit1 operate as a stay of the ,commission's order4 7e7 ,referral of evidence for criminal proceedings 7#a7 ,authority 7,a7 ,in general ,if the ,commission obtains evidence that any person1 either domestic or foreign1 has engaged in conduct that may constitute a violation of ,federal criminal law-- 7i7 the ,commission may transmit the evidence to the ,attorney ,general2 and 7ii7 the ,attorney ,general may institute criminal proceedings under any applicable statute4 7,b7 ,relation to other authorities ,nothing in subparagraph 7,a7 shall affect any other authority of the ,commission to disclose information4 7#b7 ,international information ,the ,commission shall endeavor to ensure1 with respect to memoranda of understanding and international agreements it may conclude1 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 investigation1 prosecution1 or prevention of violations of ,united ,states criminal laws4 7f7 ,independent litigation authority ,in addition to the administrative enforcement described in subsection 7c71 if the ,commission has reason to believe that a covered entity1 including a platform operator1 has engaged in a practice that violates this division1 a rule promulgated under this division1 or an administrative order issued under this division1 the ,commission may bring a civil action in an applicable district court of the ,united ,states 7as provided in section #bgjb7 to-- 7#a7 enjoin any further such violation by the covered entity2 7#b7 enforce compliance with this division1 the rule promulgated under this division1 or the administrative order issued under this division2 7#c7 obtain a permanent1 temporary1 or preliminary injunction2 7#d7 obtain civil penalties not to exceed #ae percent of the total annual revenue of the ultimate parent entity of the covered entity during the preceding #ab-month period2 7#e7 obtain damages 7whether actual1 punitive1 or otherwise71 restitution1 disgorgement of unjust enrichment1 or other compensation on behalf of aggrieved persons2 or 7#f7 obtain any other appropriate equitable relief4 7g7 ,monitoring 7#a7 ,regulations ,the ,commission may-- 7,a7 promulgate regulations to facilitate monitoring by the ,commission to identify violations of this division1 rules promulgated under this division1 and administrative orders issued under this division2 and 7,b7 require operators of dominant platforms to prepare plans to prevent or address violations of this division1 rules promulgated under this division1 and administrative orders issued under this division4 7#b7 ,,ai techniques ,the regulations described in paragraph 7#a77;,a7 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 public4 7h7 ,reports to ,congress ,not later than #a year after the date of enactment of this division1 and semiannually thereafter1 the ,director1 in coordination with the commissioners1 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 addresses1 at a minimum-- 7#a7 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 action2 7#b7 the number of open investigations or inquiries into potential violations of this division as of the time the report is submitted2 7#c7 the number and nature of complaints received by the ,commission under section #baah during the reporting period2 7#d7 an anonymized summary of the complaints received by the ,commission under section #baah for the reporting period2 7#e7 policy or legislative recommendations to strengthen the enforcement of this division2 and 7#f7 the number of compliance requests and appeals submitted by users to dominant platform operators under subsections 7b7 and 7c71 respectively1 of section #bbja1 based on reports received from the dominant platform operators under section #bbja7;e77#b74 #baaf4 ,rulemaking authority 7a7 ,in general ,in accordance with section #eec of title #e1 ,united ,states ,code1 the ,commission may-- 7#a7 promulgate rules to implement any provision of this division2 and 7#b7 issue such procedural and administrative rules as are necessary to the exercise the functions of the ,commission4 7b7 ,initial rules ,not later than #a year after the date of enactment of this division1 the ,commission shall1 in accordance with section #eec of title #e1 ,united ,states ,code1 promulgate initial rules to implement titles ,,ii1 ,,iii1 ,,iv1 and ,v of this division4 #baag4 ,advisory boards 7a7 ,establishment ,the ,commission may establish an advisory board for a particular subject matter for the purpose of recommending rules to implement this division4 7b7 ,term ,an advisory board established under subsection 7a7 shall have an initial term of #ahj days1 which may be extended by the ,commission by not more than #ij days1 subject to subsection 7g74 7c7 ,membership ,an advisory board established under subsection 7a7 shall be composed of #ae members approved by the ,commission1 of whom-- 7#a7 #e shall be representatives of platforms1 not more than #b of whom shall be representatives of dominant platforms2 7#b7 #e shall be academics1 experts1 or public-interest advocates who-- 7,a7 are not affiliated with commercial enterprises2 and 7,b7 have expertise in the particular subject matter2 and 7#c7 #e shall be technical experts in engineering1 computer science1 or another field determined relevant by the ,commission4 7d7 ,selection 7#a7 ,consensus ,except as provided in paragraph 7#b71 the ,commission shall select the members of an advisory board established under subsection 7a7 by consensus4 7#b7 ,proportional ,if the commissioners are unable to reach consensus regarding the members of an advisory board established under subsection 7a71 the commissioners shall select the members of the advisory board in proportion to the commissioners' membership in political parties1 as follows3 7,a7 ,for each political party represented on the ,commission1 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 commissioners4 7,b7 ,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 commissioners4 7e7 ,employee status ,a member of an advisory board established under subsection 7a7 shall not be considered an employee of the ,commission4 7f7 ,non-,binding recommendations ,the recommended rules adopted by an advisory board established under subsection 7a7 shall not be binding on the ,commission4 7g7 ,meetings ,the ,commission shall establish a public schedule for an advisory board established under subsection 7a71 under which the advisory board shall meet not less frequently than monthly4 7h7 ,adoption ,the ,commission may1 by a majority vote of the ,commission1 adopt any recommended rules adopted by an advisory board established under subsection 7a74 7i7 ,required initial advisory boards ,not later than #fj days after the date of enactment of this division1 the ,commission shall establish the following initial advisory boards1 the initial terms of which may not be extended beyond #ahj days3 7#a7 ,a competition advisory board for the purpose of recommending rules to implement title ,,iii4 7#b7 ,a privacy advisory board for the purpose of recommending rules to implement title ,,iv4 7#c7 ,a national security and public safety advisory board for the purpose of recommending rules to implement title ,v4 7#d7 ,an artificial intelligence advisory board for the purpose of recommending rules to implement this division as it relates to artificial intelligence4 #baah4 ,complaints 7a7 ,in general 7#a7 ,establishment of process ,the ,commission shall establish a process to receive complaints from the public alleging violations of this division1 a rule promulgated under this division1 or an administrative order issued under this division4 7#b7 ,management of process ,the ,director of the ,office of ,licensing for ,dominant ,platforms established under section #bfja 7in this section referred to as the ,director7 shall manage the complaint process established under paragraph 7#a74 7b7 ,collecting and tracking complaints ,the ,director shall-- 7#a7 establish a unit whose functions shall include establishing a single1 toll-free telephone number1 a website1 and a database to facilitate the centralized collection of1 monitoring of1 and response to complaints described in subsection 7a77#a72 and 7#b7 coordinate with the ,federal ,trade ,commission1 the ,attorney ,general1 and other ,federal agencies to route complaints to those agencies1 where appropriate4 7c7 ,confidentiality ,the ,director shall-- 7#a7 subject to paragraph 7#b71 make complaints submitted under this section publicly available2 and 7#b7 ensure that the confidentiality of personally identifiable information in the complaints described in paragraph 7#a7 is protected4 ,b ,dominant platforms #baba4 ,dominant platforms 7a7 ,definitions ,in this section3 7#a7 ,consumer ,price ,index ,the term ,consumer ,price ,index means the ,consumer ,price ,index for ,all ,urban ,consumers published by the ,bureau of ,labor ,statistics4 7#b7 ,dominant platform 7,a7 ,in general ,the term dominant platform means a platform that-- 7i7 has been designated as a dominant platform under subsection 7c72 and 7ii7 meets the requirements under subparagraph 7,b7 or 7,c7 of this paragraph4 7,b7 ,platform owned or controlled by publicly traded company ,the requirements under this subparagraph are that the platform-- 7i7 is owned or controlled by a person that-- 7,i7 is a publicly traded company2 and 7,,ii7 is a critical trading partner for the sale or provision of any product or service offered on or directly related to the platform2 and 7ii7 7,i7 at any point during the #ab-month period preceding a designation under subsection 7c7 or the #ab-month period preceding an alleged violation of this division1 a rule promulgated under this division1 or an administrative order issued under this division1 had not fewer than-- 7aa7 #ej1jjj1jjj ,united ,states-based monthly active users2 or 7bb7 #ajj1jjj ,united ,states-based monthly active business users2 and 7,,ii7 during-- 7aa7 the #b-year period preceding a designation under subsection 7c7 or the #b-year period preceding an alleged violation of this division1 a rule promulgated under this division1 or an administrative order issued under this division-- 7,,aa7 at any point1 was owned or controlled by a person with ,united ,states net annual sales of greater than #eej1jjj1jjj1jjj1 adjusted for inflation on the basis of the ,consumer ,price ,index2 or 7,,bb7 during any #ahj-;day period during the #b-year period1 had an average market capitalization greater than #eej1jjj1jjj1jjj1 adjusted for inflation on the basis of the ,consumer ,price ,index2 or 7bb7 at any point during the #ab-month period preceding a designation under subsection 7c7 or at any point during the #ab-month period preceding an alleged violation of this division1 a rule promulgated under this division1 or an administrative order issued under this division1 had not fewer than #a1jjj1jjj1jjj worldwide monthly active users4 7,c7 ,platform not owned or controlled by publicly traded company ,the requirements under this subparagraph are that the platform-- 7i7 is owned or controlled by a person that-- 7,i7 is not a publicly traded company2 and 7,,ii7 is a critical trading partner for the sale or provision of any product or service offered on or directly related to the platform2 and 7ii7 7,i7 at any point during the #ab-month period preceding a designation under subsection 7c7 or the #ab-month period preceding an alleged violation of this division1 a rule promulgated under this division1 or an administrative order issued under this division1 had not fewer than-- 7aa7 #be1jjj1jjj ,united ,states-based monthly active users2 or 7bb7 #ge1jjj ,united ,states-based monthly active business users2 and 7,,ii7 at any point-- 7aa7 during the #b-year period preceding a designation under subsection 7c7 or the #b-year period preceding an alleged violation of this division1 a rule promulgated under this division1 or an administrative order issued under this division1 was owned or controlled by a person with assets or earnings1 before interest1 taxes1 depreciation1 and amortization1 in the previous fiscal year of greater than #cj1jjj1jjj1jjj1 adjusted for inflation on the basis of the ,consumer ,price ,index2 or 7bb7 during the #ab-month period preceding a designation under subsection 7c7 or the #ab-month period preceding an alleged violation of this division1 a rule promulgated under this division1 or an administrative order issued under this division1 had not fewer than #a1jjj1jjj1jjj worldwide monthly active users4 7#c7 ,publicly traded company ,the term publicly traded company-- 7,a7 means any company whose principal class of shares-- 7i7 is listed on a stock exchange2 and 7ii7 can be readily purchased or sold by the public2 and 7,b7 includes all subsidiaries of a company described in subparagraph 7,a74 7b7 ,affirmative duty ,to report 7#a7 ,in general ,not later than ,december #cast of each calendar year that begins after the date of enactment of this division1 a platform operator described in paragraph 7#b7 shall report to the ,commission1 for each platform that the operator operates-- 7,a7 the number of unique monthly visitors based in the ,united ,states that visited the platform each month of that calendar year2 and 7,b7 any other information that the ,commission may require4 7#b7 ,platform operators required to report ,a platform operator described in this paragraph is a platform operator that-- 7,a7 owns or controls a platform that had not fewer than #be1jjj1jjj unique monthly visitors based in the ,united ,states for a majority of months during the preceding #f months2 or 7,b7 has ,united ,states net annual sales or a market capitalization greater than #bej1jjj1jjj1jjj1 adjusted annually for inflation based on the change in the ,consumer ,price ,index4 7c7 ,designation 7#a7 ,official designation through publication ,subject to paragraph 7#c71 the ,commission shall officially designate a platform that meets the requirements under subparagraph 7,b7 or 7,c7 of subsection 7a77#b7 as a dominant platform by publishing the designation in the ,federal ,register4 7#b7 ,duration of designation ,the designation of a platform as a dominant platform under paragraph 7#a7 shall apply indefinitely1 regardless of whether there is a change in control or ownership of the platform1 unless the ,commission removes the designation under subsection 7d74 7#c7 ,rules ,the ,commission may1 as the ,commission determines appropriate1 promulgate rules to-- 7,a7 adjust a numeric threshold in subsection 7a7 or 7b71 provided that the ,commission may not adjust any numeric threshold below the value in the applicable subsection2 or 7,b7 define additional characteristics that a platform must have in order to be designated as a dominant platform under paragraph 7#a74 7d7 ,removal of dominant platform designation 7#a7 ,request ,if a platform designated as a dominant platform under subsection 7c7 ceases to meet the qualifications for such a designation1 the operator of the platform may submit to the ,commission a request for removal of the designation1 along with evidence that the platform no longer so qualifies4 7#b7 ,determination 7,a7 ,in general ,not later than #abj days after receiving a request under paragraph 7#a71 the ,commission shall determine whether to grant the request4 7,b7 ,denied requests ,the denial under subparagraph 7,a7 of a request submitted under paragraph 7#a7 shall be treated as an order subject to review under section #baae7;d74 7e7 ,avoidance 7#a7 ,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 platform4 7#b7 ,rules ,the ,commission may promulgate rules to clarify actions that constitute a violation of paragraph 7#a74 ,,ii ,transparency reform #bbja4 ,transparency practices and appeal rights 7a7 ,transparency 7#a7 ,in general ,with respect to products and services offered through a dominant platform1 the operator of the dominant platform-- 7,a7 shall make publicly available1 through clear and conspicuous disclosure1 the dominant platform's terms of service1 which shall include the criteria the operator employs in content-moderation practices2 7,b7 shall implement and maintain reasonable and user-friendly appeals processes for decisions about content restrictions on the dominant platform1 in accordance with subsection 7c72 7,c7 if the operator restricts access to content published by a user of the dominant platform 7including by blocking1 deleting1 or restricting access to a post or link1 limiting the reach of a post or the user1 deplatforming or suspending the user or the posts of the user1 or excluding or deprioritizing posts or other materials of the user from search results71 shall1 except as provided in paragraph 7#b71 provide the user with a notice1 as soon as is reasonably practical1 and not later than #bd hours after restricting access1 that-- 7i7 acknowledges that the action was taken and provides the justification for the action1 with reference to the terms of service of the dominant platform2 and 7ii7 clearly explains the process by which the user may appeal the decision1 including the deadline to submit the appeal2 and 7,d7 not later than #g days after the date on which the operator receives a request from a user under subsection 7b7 to remove content1 if the operator does not remove the content1 shall provide the user with a notice that-- 7i7 acknowledges the refusal to remove the content and provides the justification for the refusal2 and 7ii7 clearly explains the process by which the user may appeal the decision1 including the deadline to submit the appeal4 7#b7 ,exceptions to notice requirement ,the requirement to issue a notice under paragraph 7#a77;,c7 shall not apply if-- 7,a7 that notice would risk imminent harm to others2 7,b7 the operator reasonably believes that the material relates to terrorism1 including domestic terrorism1 or other criminal activity1 provided that such lack of notice does not discriminate on the basis of a protected class2 or 7,c7 a law enforcement agency requests that the notice not be made and provides a substantive justification for that request4 7b7 ,compliance requests ,if a user of a dominant platform believes the operator of the dominant platform is in violation of its terms of service1 the user may request that the operator comply with the terms of service4 7c7 ,appeals to operators of dominant platforms ,if an operator of a dominant platform issues a notice required by subparagraph 7,c7 or 7,d7 of subsection 7a77#a71 the operator shall provide an appeals process that meets the following requirements3 7#a7 ,a user may request an appeal through an opt-in option that-- 7,a7 does not require the user to provide additional information2 and 7,b7 is available immediately following issuance of the notice4 7#b7 ,not later than #g days after the date on which the user requests an appeal as described in paragraph 7#a71 the operator shall provide the user with-- 7,a7 a statement describing with particularity the reasonable factual basis for the decision that triggered the notice requirement1 including by citing each specific provision of the terms of service or other policy upon which the decision was based2 and 7,b7 an opportunity1 for a period of not fewer than #cj days beginning immediately after provision of the statement under subparagraph 7,a71 to present reasons for which the operator should reverse its decision4 7#c7 ,the operator shall make a final determination on the appeal not later than #g days after the date on which the user presents reasons under paragraph 7#b77;,b74 7d7 ,complaints to the ,commission 7#a7 ,complaints 7,a7 ,in general ,a user who is subject to an adverse final decision from an operator of a dominant platform under subsection 7c7 may submit a complaint to the ,commission regarding a violation of subsection 7a7 or 7c74 7,b7 ,limit ,a user may not submit more than #a complaint under subparagraph 7,a7 per alleged violation4 7#b7 ,compliance ,the ,commission1 after providing notice and an opportunity for a hearing to the relevant parties1 may-- 7,a7 issue an order requiring an operator of a dominant platform in violation of subsection 7a7 or 7c7 to comply with the applicable subsection2 and 7,b7 impose a civil penalty on an operator of a dominant platform for a violation described in subparagraph 7,a71 in accordance with section #baae7;c77#b74 7e7 ,record-,keeping2 reports to ,commission 7#a7 ,records 7,a7 ,in general ,an operator of a dominant platform shall keep a record of each-- 7i7 compliance request regarding a violation of terms of service submitted by a user under subsection 7b72 7ii7 instance in which the operator does not provide a notice under paragraph 7#a77;,c7 of subsection 7a7 in accordance with an exception under paragraph 7#b7 of that subsection1 including a specification of the applicable exception2 and 7iii7 appeal submitted by a user under subsection 7c74 7,b7 ,contents ,a record described in subparagraph 7,a7 shall-- 7i7 describe the disposition of the compliance request or appeal by an operator of a dominant platform2 and 7ii7 categorize the subject matter of the compliance request or appeal in accordance with rules developed by the ,commission4 7#b7 ,reports to ,commission ,in accordance with rules promulgated by the ,commission1 on a quarterly and annual basis1 an operator of a dominant platform shall submit to the ,commission a report that-- 7,a7 details the number of compliance requests and appeals described in paragraph 7#a77;,a7 that were submitted to the operator during the reporting period2 7,b7 categorizes the nature of each compliance request or appeal described in subparagraph 7,a72 7,c7 describes the disposition of each compliance request or appeal described in subparagraph 7,a72 and 7,d7 provides1 for each exception under paragraph 7#b7 of subsection 7a71 the number of times the operator did not provide a notice under paragraph 7#a77;,c7 of that subsection in accordance with that exception4 #bbjb4 ,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 7a7 and 7b7 of section #bbja4 ,,iii ,competition reform ,a ,antitrust review #bcaa4 ,abuses of dominance 7a7 ,definitions ,in this section3 7#a7 ,no-poach agreement ,the term no-poach agreement means any agreement between #b or more employers1 including contractor-subcontractor agreements1 whether written1 verbal1 or inferred1 that prohibits or restricts one employer from soliciting or hiring the employees or former employees of another employer4 7#b7 ,noncompete agreement ,the term noncompete agreement means an agreement1 entered into between a person and any individual who performs work for the person that restricts the individual from performing1 after the relationship for providing work terminates1 any of the following3 7,a7 ,any work for another employer for a specified period of time4 7,b7 ,any work in a specific geographical area4 7,c7 ,any work for another employer that is similar to the work performed by the individual for the person4 7#c7 ,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 agreement4 7#d7 ,predispute class-action waiver ,the term predispute class-action waiver means an agreement1 whether or not part of a predispute arbitration agreement1 that would prohibit1 or waive the right of1 one of the participants to the agreement to participate in a joint1 class1 or collective action in a judicial1 arbitral1 administrative1 or other forum1 concerning a dispute that has not yet arisen at the time of the making of the agreement4 7#e7 ,self-preferencing ,the term self-preferencing means1 with respect to an operator of a dominant platform-- 7,a7 advantaging the products1 services1 or lines of business of the operator on the platform over the products1 services1 or lines of business of another business user2 7,b7 excluding or disadvantaging the products1 services1 or lines of business of another business user relative to the products1 services1 or lines of business of the operator2 7,c7 interfering with or restricting the ability of any business user of the platform to set prices for its products or services1 whether or not those products or services are offered on the platform2 or 7,d7 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 operator4 7#f7 ,tying arrangements ,the term tying arrangement means any agreement1 including an agreement that is written1 verbal1 or inferred from conduct1 through which the seller conditions the sale of #a product1 service1 or contract on the agreement of a customer to purchase or obtain another distinct product1 service1 or contract4 7#g7 ,undue discrimination ,the term undue discrimination means-- 7,a7 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 customers1 suppliers1 users1 or trading partners2 or 7,b7 maintaining any difference in prices1 rates1 charges1 services1 facilities1 access1 terms of service1 licenses1 contractual terms1 or any other aspect among similarly situated customers1 suppliers1 users1 or trading partners4 7b7 ,prohibition ,it shall be unlawful for any operator of a dominant platform to abuse1 or attempt to abuse1 its dominance or otherwise engage in conduct that harms competition or creates or helps maintain an unfair method of competition1 a monopoly1 or a monopsony1 regardless of any alleged procompetitive benefits or efficiencies4 7c7 ,presumptive violations ,the following practices by an operator of a dominant platform shall constitute presumptive violations of subsection 7b73 7#a7 ,undue discrimination4 7#b7 ,tying arrangements4 7#c7 ,self-preferencing4 7#d7 ,predispute arbitration agreements or predispute class-action waivers with users1 customers1 trading partners1 or employees4 7#e7 ,noncompete agreements1 except in the case of a legitimate acquisition or sale of a business or assets4 7#f7 ,no-poach agreements4 7d7 ,rebuttal ,a defendant may rebut a violation of subsection 7b71 including the presumptive violations described in subsection 7c71 with clear and convincing evidence that the alleged practice did not result in any harm to the relevant aggrieved party4 7e7 ,rulemaking ,the ,commission may promulgate rules to-- 7#a7 further define the presumptive violations listed in subsection 7c72 or 7#b7 identify and define additional practices that constitute presumptive violations of subsection 7b74 #bcab4 ,platform conflicts of interest 7a7 ,prohibition ,it shall be unlawful for any operator of a dominant platform to maintain1 or engage in any action that creates1 a platform conflict of interest4 7b7 ,remedy ,the ,commission or a court1 as applicable1 may issue an order requiring an operator of a dominant platform to eliminate any platform conflict of interest by implementing-- 7#a7 divestitures1 which1 to the extent practicable1 shall be specified1 standalone business units or lines2 and 7#b7 other actions necessary to eliminate the platform conflict of interest4 7c7 ,rulemaking ,the ,commission may promulgate rules-- 7#a7 to further define critical trading partners1 the prohibition in subsection 7a7 or the remedy in subsection 7b72 or 7#b7 as it determines appropriate to carry out this section4 #bcac4 ,future acquisitions 7a7 ,notification ,any operator of a dominant platform required to file a notification under section #g;,a of division ,a shall simultaneously file that notification with the ,commission4 7b7 ,violation 7#a7 ,in general ,except as provided in paragraph 7#b71 it shall be unlawful for an operator of a dominant platform to acquire1 directly or indirectly1 the whole or any part of the stock1 other share capital1 or assets of 7or to be acquired by7 another person engaged in commerce or in any activity affecting commerce unless the parties to the acquisition demonstrate1 by clear and convincing evidence1 that the acquisition would serve the public interest4 7#b7 ,exclusion ,paragraph 7#a7 shall not apply to any acquisition that is not subject to section #g;,a of division ,a4 7c7 ,order ,not later than the end of the #abj-;day period beginning on the date on which the notification described in subsection 7a7 is filed with the ,commission1 the ,commission shall1 after providing notice and an opportunity for a hearing to the parties of an acquisition described in subsection 7a71 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 interest4 7d7 ,standards regarding the public interest 7#a7 ,in general ,for the purposes of this section1 effects on the public interest include effects on-- 7,a7 competition2 7,b7 workers2 7,c7 consumers2 7,d7 customer choice2 7,e7 sellers2 7,f7 local1 rural1 or low-income communities2 7,g7 privacy2 7,h7 national security or public safety2 7,i7 quality2 7,j7 entrepreneurship2 7,k7 innovation2 7,l7 price2 or 7,m7 accessibility of goods or services4 7#b7 ,inherent harms ,in addition to other effects that may be assessed when evaluating an acquisition for which any party 7or its ultimate parent entity7 is the operator of a dominant platform1 the acquisition would not serve the public interest if-- 7,a7 another party to the acquisition offers overlapping1 competing1 or functionally equivalent services or products2 7,b7 another party to the acquisition is a critical trading partner in the supply chains or business ecosystems of the parties2 or 7,c7 the acquisition would create a platform conflict of interest4 7#c7 ,potential harms ,in addition to other effects that may be assessed when evaluating an acquisition for which any party 7or its ultimate parent entity7 is the operator of a dominant platform1 it may be determined that the acquisition would not serve the public interest if-- 7,a7 the acquisition would result in a postacquisition market share of greater than #cc percent of any relevant market 7including labor markets72 7,b7 the acquisition would-- 7i7 result in a ,herfindahl-,hirschman ,index greater than #a1hjj in any relevant market2 and 7ii7 increase the ,herfindahl-,hirschman ,index by more than #ajj in any relevant market2 or 7,c7 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 monopoly1 a monopsony1 market power1 or unfair methods of competition4 7e7 ,nonreportable acquisitions ,nothing in this section shall prevent the ,commission from barring the consummation of-- 7#a7 any acquisition for which the operator of a dominant platform is not required to file a notification under section #g;,a of division ,a if the ,commission determines that the acquisition would not serve the public interest2 or 7#b7 any acquisition that would result in a dominant platform if the ,commission determines that the acquisition would not serve the public interest4 #bcad4 ,retrospective reviews 7a7 ,in general ,the ,commission may retrospectively review any acquisition-- 7#a7 consummated by the operator of a dominant platform2 or 7#b7 that resulted in a dominant platform4 7b7 ,material harm to the public interest ,if1 after the review under subsection 7a71 the ,commission determines that the acquisition materially harmed the public interest1 the ,commission1 as applicable1 may order a remedy to improve the public interest1 restore competition1 or otherwise address the anticompetitive or harmful impacts of the acquisition1 including-- 7#a7 unwinding the acquisition2 or 7#b7 requiring that the acquiring person make divestitures1 which1 to the extent practicable1 shall be specified1 standalone business units or lines4 7c7 ,standards regarding material harm to the public interest ,for the purposes of this section1 in addition to other effects on the public interest that may be assessed 7including those described in section #cac71 an acquisition described in subsection 7a7 materially harms the public interest under subsection 7b7 if-- 7#a7 the operator of a dominant platform acquired a critical trading partner2 7#b7 the acquisition resulted in a postacquisition market share of greater than #ej percent of any relevant market 7including labor markets72 or 7#c7 the acquisition-- 7,a7 resulted in a ,herfindahl-,hirschman ,index greater than #b1ejj in any relevant market2 and 7,b7 increased the ,herfindahl-,hirschman ,index by more than #bjj in any relevant market4 #bcae4 ,additional remedies 7a7 ,in general ,the ,commission may investigate any platform operator for violations of this title and order remedies1 including structural1 behavioral1 or other remedies1 to restore competition4 7b7 ,divestitures ,the ,commission may order divestitures1 which1 to the extent practicable1 shall be specified1 standalone business units or lines1 with respect to any previously completed acquisition to which a platform operator was a party4 7c7 ,divestiture buyers ,the ,commission shall approve any proposed divestiture buyer unless the ,commission determines that-- 7#a7 selling the divested assets to the proposed buyer would harm the public interest2 7#b7 the proposed buyer does not have a material incentive to use the divested assets to compete in the relevant market2 or 7#c7 the proposed buyer lacks the sufficient acumen1 experience1 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 buyer4 #bcaf4 ,contractual transparency ,the ,commission may promulgate rules that require operators of dominant platforms to file with the ,commission or make publicly available1 in such forms as the ,commission may designate1 certain pricing or other contractual terms1 including pricing terms for business users of the dominant platform4 #bcag4 ,prohibition on abusive acts or practices 7a7 ,declaration of unlawfulness ,an abusive act or practice committed by a covered entity is unlawful4 7b7 ,abusive act or practice defined 7#a7 ,in general ,for purposes of this section1 the term abusive act or practice means any conduct that-- 7,a7 materially interferes with the ability of a user of a platform owned or controlled by a covered entity to understand a term1 condition1 benefit1 or consequence of an agreement between the covered entity and the user2 or 7,b7 takes unreasonable advantage of-- 7i7 a lack of understanding on the part of a user of a platform owned or controlled by a covered entity of the material risks1 costs1 or conditions of a product or service offered by the covered entity2 7ii7 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 entity2 or 7iii7 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 user4 7#b7 ,commission enforcement ,the ,commission may promulgate rules to further define the term abusive act or practice for purposes of this section4 #bcah4 ,data brokers ,an operator of a dominant platform may not1 for monetary or other consideration1 sell1 resell1 license1 or trade to a data broker personal data1 except in accordance with other laws permitting disclosure of personal data and rules promulgated by the ,commission to implement this section4 ,b ,data portability and interoperability4 #bcba4 ,data portability and interoperability 7a7 ,data portability ,an operator of a dominant platform1 with respect to the dominant platform1 shall maintain a set of interfaces that are transparent and accessible to third parties 7including application programming interfaces7 to provide a user 7or a third party authorized by a user71 upon the request of the user 7or such a third party7 and free of charge1 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 platform1 including by providing free of charge tools to facilitate the effective exercise of that data portability4 7b7 ,interoperability ,an operator of a dominant platform1 with respect to the dominant platform1 shall1 free of charge-- 7#a7 allow a business user1 provider of services1 provider of ancillary services1 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 operator2 7#b7 provide a business user 7or a third party authorized by a business user71 upon the request of the business user 7or such a third party71 with continuous and real-time access and use of aggregated and non-aggregated data1 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 user2 and 7#c7 provide1 at the request of a business user1 the possibility and necessary tools to access and analyze data on the dominant platform without a transfer from the dominant platform4 7c7 ,security measures ,nothing in subsection 7a7 or 7b7 shall be construed to prohibit an operator of a dominant platform from taking indispensable measures1 duly justified by the operator1 to ensure that data portability and interoperability do not-- 7#a7 compromise the integrity of the operating system1 hardware features1 or software features provided by the operator2 or 7#b7 undermine end-user data protection or cyber security4 ,c ,miscellaneous #bcca4 ,rule of construction ,nothing in this title shall be construed to limit liability under the ,federal ,trade ,commission ,act 7#ae ,u4,s4,c4 #ab et seq47 or the antitrust laws1 as defined in section #a7;a7 of division ,a4 ,,iv ,privacy reform ,a ,covered entity duties and requirements4 #bdaa4 ,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-- 7#a7 the experience of the person when using a platform owned or controlled by the covered entity2 or 7#b7 the personal data of the person4 #bdab4 ,duty of care 7a7 ,in general ,a covered entity may not design or employ services or algorithms1 or process1 collect1 store1 or transfer personal data1 in a manner that causes or is likely to cause any of the following3 7#a7 ,physical1 economic1 relational1 or reputational injury to a person4 7#b7 ,psychological injuries that would be highly offensive to a reasonable person4 7#c7 ,discrimination on the basis of a person's or class of persons' actual or perceived race1 color1 ethnicity1 sex 7including sexual orientation1 gender identity1 and sex characteristics71 religion1 national origin1 familial status1 biometric information1 or disability status4 7#d7 ,discrimination regarding a decision that produces a legal effect or similarly significant effect concerning a person4 7b7 ,definition ,for purposes of subsection 7a77#d71 the term decision that produces a legal effect or similarly significant effect concerning a person includes denial or degradation of consequential services or support1 such as financial or lending services1 housing1 insurance1 educational enrollment1 criminal justice1 employment opportunities1 health care services1 and access to basic necessities1 such as food and water4 7c7 ,exceptions ,subsection 7a7 shall not apply to-- 7#a7 the design or employment of services or algorithms1 or the processing1 collecting1 storing1 or transferring of personal data1 for the purpose of-- 7,a7 a covered entity's self-testing to prevent or mitigate unlawful discrimination2 7,b7 diversifying an applicant1 participant1 or customer pool2 or 7,c7 providing resources for the prevention of harm1 consistent with evidence-based medical information2 or 7#b7 any private club or group not open to the public1 as described in section #bja7;e7 of the ,civil ,rights ,act of #aifd 7#db ,u4,s4,c4 #bjjj;a7e774 #bdac4 ,duty of mitigation 7a7 ,in general ,a covered entity shall mitigate the heightened risks of physical1 emotional1 developmental1 or material harms posed by materials on1 or engagement with1 any platform owned or controlled by the covered entity1 including-- 7#a7 promotion of self-harm and other matters that pose a risk to physical and mental health consistent with evidence-based medical information2 7#b7 patterns of use that indicate or encourage addiction-like behaviors2 7#c7 physical harm1 online bullying1 and harassment2 and 7#d7 predatory1 unfair1 or deceptive marketing practices4 7b7 ,safeguards ,a covered entity shall-- 7#a7 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 user1 including settings to-- 7,a7 limit the ability of other persons to contact or find the user2 7,b7 prevent other persons from viewing the personal data of the user that is collected by the covered entity or shared on the platform1 and in particular restrict public access to that personal data2 7,c7 limit features that increase1 sustain1 or extend use of the platform1 such as automatic playing of media1 rewards for time spent on the platform1 and notifications2 7,d7 opt out of algorithmic recommendation systems that use personal data2 7,e7 delete the user's account and request removal of personal data2 7,f7 7i7 restrict the sharing of the geolocation of the user2 and 7ii7 provide notice regarding the tracking of the geolocation of the user2 and 7,g7 limit time spent by the user on the platform2 and 7#b7 by default1 set the safeguards provided under paragraph 7#a7 at the most protective setting4 #bdad4 ,duty of confidentiality2 data collection and processing 7a7 ,requirement for a legitimate basis for processing data ,a covered entity may only process the personal data of a person if #a or more of the following applies3 7#a7 ,processing is necessary-- 7,a7 for the performance of a contract to which the person is party2 or 7,b7 in order to take steps at the request of the person before entering into a contract4 7#b7 ,processing is necessary for compliance with a legal obligation to which the covered entity is subject4 7#c7 ,processing is necessary in order to protect the vital interests of the person or another individual4 7#d7 ,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 entity4 7#e7 ,processing is necessary for the purposes of the legitimate interests pursued by the covered entity1 unless those interests are overridden by the interests 7including constitutional rights1 civil rights1 and civil liberties7 of the person that require protection of personal data1 in particular if the person is a child4 7b7 ,purpose limitation requirement ,a covered entity-- 7#a7 shall articulate to a person through clear and conspicuous disclosure a specific1 explicit1 and legitimate purpose for any processing of personal data of the person2 and 7#b7 may not process personal data in a manner that is incompatible with the purpose articulated under paragraph 7#a74 7c7 ,data minimization requirement ,a covered entity shall ensure that all personal data that the covered entity collects and processes is adequate1 relevant1 and limited to what is necessary in relation to the purposes for which the covered entity processes the personal data4 7d7 ,accuracy requirement ,a covered entity shall-- 7#a7 ensure that personal data that the covered entity maintains regarding a person is accurate2 7#b7 where necessary1 keep the personal data described in paragraph 7#a7 up-to-date2 and 7#c7 take every reasonable step to erase or rectify without delay any personal data that the covered entity maintains regarding a person that is inaccurate4 7e7 ,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 processed4 7f7 ,governmental entities ,a covered entity may not transfer to1 share with1 or otherwise provide or make available to any governmental entity personal data absent a search warrant1 except in accordance with rules promulgated by the ,commission to implement this section4 7g7 ,rulemaking ,the ,commission shall promulgate rules to implement this section and to protect the confidentiality of personal data4 #bdae4 ,limitations on targeted advertising 7a7 ,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 other1 distinctly branded platforms4 7b7 ,permissible targeted advertising ,a covered entity that is an operator of a platform may target advertising to a user of the platform-- 7#a7 based on the user's first-party personal data obtained from the user's activity on that platform2 or 7#b7 in response to the user's request for information or feedback4 #bdaf4 ,rights of data subjects to access1 correction1 portability1 and deletion 7a7 ,access to and portability of personal data ,a person shall have the right to-- 7#a7 access all personal data of the person that is processed by a covered entity2 7#b7 access all information pertaining to the collection and processing of the personal data of the person by a covered entity1 including-- 7,a7 where1 or from whom1 the covered entity obtained the personal data1 such as whether the personal data was obtained-- 7i7 from the person or a third party2 and 7ii7 online or offline2 7,b7 the types of third parties to which the covered entity has disclosed or will disclose the personal data2 7,c7 the purposes of the processing2 7,d7 the categories of the personal data2 7,e7 the names of third parties to which the covered entity has disclosed the personal data and a log showing when the disclosure occurred2 and 7,f7 the period of retention of the personal data2 7#c7 obtain any personal data of the person that has been processed by a covered entity in a structured1 readily usable1 portable1 and machine-readable format2 7#d7 with respect to personal data of the person that is stored by a covered entity1 transmit or cause the covered entity to transmit the personal data to another covered entity1 where technically feasible2 and 7#e7 request that a covered entity stop collecting and processing the personal data of the person4 7b7 ,correction and deletion of personal data ,a person shall have the right to-- 7#a7 correct inaccurate personal data of the person that is stored by a covered entity2 and 7#b7 delete all the personal data of the user that is stored by a covered entity4 7c7 ,exercise of rights 7#a7 ,in general ,a covered entity shall provide a person with a reasonable means to exercise the rights provided under subsections 7a7 and 7b7 in a request form that-- 7,a7 contains a clear and conspicuous disclosure of the rights2 7,b7 is made available at no additional cost and with no transactional penalty to the person2 and 7,c7 is in ,english and any other language in which the covered entity communicates with the person1 as applicable4 7#b7 ,deadline to comply with request ,the ,commission shall promulgate rules to establish deadlines for a covered entity to comply with a request under paragraph 7#a74 #bdag4 ,right to know 7a7 ,in general ,a person shall have the right to know what personal data a covered entity will collect and process about the person 7including through a data processor71 including the categories and specific pieces of personal data the covered entity processes1 before giving consent for the collection and processing of the personal data of the user4 7b7 ,meaningful notice 7#a7 ,in general ,a covered entity shall make publicly available-- 7,a7 a current long-form privacy policy2 7,b7 a current short-form privacy policy2 and 7,c7 all privacy policies that were previously in effect4 7#b7 ,requirements for privacy policies 7,a7 ,in general ,a covered entity shall make each current privacy policy of the covered entity persistently and conspicuously available at or prior to-- 7i7 the point of sale of1 subscription to1 or sign up for a product or service2 or 7ii7 at or prior to the point of creation of an account with a platform owned or controlled by the covered entity4 7,b7 ,short-form privacy policy ,the short-form privacy policy required under paragraph 7#a7 shall-- 7i7 use plain language2 and 7ii7 include-- 7,i7 the personal data being processed2 7,,ii7 whether personal data will be processed for purposes of targeted advertisements or monetization2 and 7,,iii7 the period of retention of the personal data expressed in exact dates4 7#c7 ,rulemaking ,the ,commission shall promulgate rules specifying requirements for the privacy policies required by this subsection1 including rules regarding the online and offline accessibility1 time of availability1 and contents of the policies4 7#d7 ,standardized short-form privacy policy ,the ,commission shall establish a standardized short-form privacy policy that complies with paragraph 7#b77;,b7 and any associated rules promulgated by the ,commission4 ,b ,data security reform #bdba4 ,data security safeguards 7a7 ,in general ,a covered entity shall ensure appropriate security of personal data1 including protection against unauthorized or unlawful processing and against accidental loss1 destruction1 or damage1 using reasonable technical1 physical1 and organizational safeguards and using reasonably designed technological systems to protect persons exposed by their interactions with the covered entity4 7b7 ,information security program 7#a7 ,in general ,as part of the duty to ensure appropriate security of personal data under subsection 7a71 a covered entity shall establish and implement1 and thereafter maintain1 a comprehensive information security program 7referred to in this subsection as the ,information ,security ,program7 that is designed to protect the security1 confidentiality1 and integrity of personal data4 7#b7 ,requirements ,to satisfy the requirement under paragraph 7#a71 a covered entity shall1 at a minimum-- 7,a7 document in writing the content1 implementation1 and maintenance of the ,information ,security ,program2 7,b7 designate #a or more qualified employees to coordinate and be responsible for the ,information ,security ,program2 7,c7 not less frequently than once every #ab months1 and promptly following a covered breach1 assess and document internal and external risks to the security1 confidentiality1 or integrity of personal data that could result in the unauthorized disclosure1 misuse1 loss1 alteration1 destruction1 or other compromise of such personal data2 7,d7 design1 implement1 and document safeguards that-- 7i7 address the internal and external risks to the security1 confidentiality1 or integrity of personal data that the covered entity identifies under subparagraph 7,c72 and 7ii7 take into account the sensitivity of the personal data at issue2 7,e7 not less frequently than once every #ab months1 and promptly following a covered breach1 assess the sufficiency of any safeguards in place to address the risks to the security1 confidentiality1 or integrity of personal data1 which shall include an evaluation of safeguards in each area of relevant operation1 including-- 7i7 employee training and management2 7ii7 information systems1 such as network and software design1 information processing1 storage1 transmission1 and disposal2 and 7iii7 prevention1 detection1 and response to attacks1 intrusions1 or other system failures2 and 7,f7 7i7 not less frequently than once every #ab months and promptly following a covered breach1 test and monitor the effectiveness of the safeguards described in subparagraph 7,e72 and 7ii7 modify the ,information ,security ,program based on the results of testing and monitoring under clause 7i74 #bdbb4 ,civil penalties and damages for data breaches 7a7 ,standard penalty 7#a7 ,in general ,the ,commission may issue an order to-- 7,a7 impose on a covered entity a civil penalty of #aej for each covered breach of the personal data of a person held by the covered entity2 and 7,b7 pay #ej of the amount collected for a civil penalty under subparagraph 7,a7 to the affected person4 7#b7 ,cap ,the total amount collected from a covered entity under paragraph 7#a7 in a single administrative action may not exceed #ej percent of the revenue of the ultimate parent entity of the covered entity during the preceding calendar year4 7b7 ,enhanced penalty 7#a7 ,in general ,the ,commission may double the amount of a civil penalty imposed under subsection 7a77#a77;,a7 and the corresponding amount paid to an affected person under subsection 7a77#a77;,b7 if the covered entity fails to notify the ,commission or the affected person of the covered breach by the date that is #cj days after the date on which the covered entity knew or had reason to know of the covered breach4 7#b7 ,cap ,the total amount collected from a covered entity under paragraph 7#a7 may not exceed #ge percent of the revenue of the ultimate parent entity of the covered entity during the preceding calendar year4 7c7 ,safe harbor ,neither the ,commission nor any ,state1 person1 or other ,federal agency may 7as applicable7 issue an order under subsection 7a7 or bring an action against a covered entity for a covered breach if the covered entity has complied with section #bdba and any rules promulgated by the ,commission to implement that section4 7d7 ,damages ,in a civil action brought by an affected person under section #bgja7;b7 for a violation of section #bdba that resulted in a covered breach1 the court may award damages in an amount that is the greater of-- 7#a7 #ajj per covered breach2 or 7#b7 actual damages4 ,c ,miscellaneous #bdca4 ,authority to propose and establish heightened requirements for dominant platform operators ,for purposes of this title-- 7#a7 an advisory board established under section #baag may propose heightened requirements for covered entities that are operators of dominant platforms2 and 7#b7 the ,commission may promulgate rules under section #baaf with heightened requirements for covered entities that are operators of dominant platforms4 ,v ,national ,security ,reform #beja4 ,corporate citizenship and ownership 7a7 ,definition ,in this section1 the term foreign adversary has the meaning given the term in section #h7;c7 of the ,secure and ,trusted ,communications ,networks ,act of #bjai 7#dg ,u4,s4,c4 #afjg7;c774 7b7 ,corporate citizenship 7#a7 ,in general ,an operator of a dominant platform shall-- 7,a7 be a citizen of the ,united ,states2 or 7,b7 own a subsidiary corporation-- 7i7 that is a citizen of the ,united ,states2 and 7ii7 the number of directors of which who are noncitizens is less than half of the number of directors necessary to constitute a quorum4 7#b7 ,directors ,no director of a subsidiary corporation described in paragraph 7#a77;,b7 may be a citizen of a foreign adversary4 7c7 ,ownership ,if more than #aj percent of the owners of an operator of a dominant platform are citizens of a foreign adversary1 the operator of the dominant platform shall sequester any back-end data1 algorithm1 or information about ,united ,states users on the dominant platform so that the back-end data1 algorithm1 or information is inaccessible to any subsidiary1 affiliate1 director1 employee1 or agent of the operator of the dominant platform that is based outside of the ,united ,states4 7d7 ,review by ,committee on ,foreign ,investment in the ,united ,states 7#a7 ,in general ,the ,committee on ,foreign ,investment in the ,united ,states shall-- 7,a7 treat the application of a foreign person 7as defined in section #hjj4bbd of title #ca1 ,code of ,federal ,regulations 7or a successor regulation77 for a license under title ,,vi as a covered transaction1 as defined in subsection 7a7 of section #gba of the ,defense ,production ,act of #aiej 7#ej ,u4,s4,c4 #defe72 and 7,b7 review and1 as appropriate1 investigate the application in accordance with the procedures set forth in such section #gba4 7#b7 ,denial of license ,if the ,committee determines pursuant to paragraph 7#a7 that providing a license under title ,,vi to a foreign person threatens to impair the national security of the ,united ,states1 the ,office of ,licensing for ,dominant ,platforms shall deny the application for the license4 7#c7 ,consultation with ,department of ,justice ,the ,committee may1 in its discretion1 consult with the ,national ,security ,division of the ,department of ,justice in making a determination under paragraph 7#a74 #bejb4 ,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 country4 #bejc4 ,bot and country-of-origin identifications 7a7 ,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 user4 7b7 ,country of origin ,an operator of a dominant platform shall publicly identify the country of origin of any post on the dominant platform4 7c7 ,scope ,an identification described in subsection 7a7 or 7b7 shall publicly accompany the post anywhere that the post appears on the dominant platform4 ,,vi ,licenses for operators of dominant platforms #bfja4 ,licensing office 7a7 ,establishment ,there is established within the ,commission the ,office of ,licensing for ,dominant ,platforms 7referred to in this section as the ,office74 7b7 ,director 7#a7 ,establishment of position ,there is established the position of ,director of the ,office1 who shall be the head of the ,office4 7#b7 ,appointment2 term 7,a7 ,appointment ,the ,director shall be appointed by the ,president4 7,b7 ,term ,the ,director shall be appointed for a term of #d years1 unless removed before the end of that term by the ,president for neglect of duty or malfeasance in office4 7,c7 ,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 7,a71 and the ,director appointed to fill that vacancy shall be appointed only for the remainder of that term4 7,d7 ,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 appointed4 7c7 ,duties ,the ,office shall-- 7#a7 review and grant license applications for operators of dominant platforms2 7#b7 monitor whether operators of dominant platforms have obtained a license in accordance with this title2 7#c7 monitor and manage complaints submitted under section #baah2 7#d7 except as provided in paragraph 7#e77;,b71 refer any violation of this title1 a rule promulgated to implement this title1 or an administrative order issued to enforce this title to the appropriate ,federal agency for enforcement2 and 7#e7 when appropriate-- 7,a7 rescind the license of an operator of a dominant platform under section #bfjb2 or 7,b7 revoke the license of an operator of a dominant platform under section #bfjc4 #bfjb4 ,requirement for operators of dominant platforms to obtain licenses 7a7 ,in general ,the ,office shall grant a license to each operator of a platform designated as a dominant platform under section #baba1 subject to any subsequent rescission or revocation of the license under this title4 7b7 ,consequences of failure to obtain license ,an operator of a dominant platform may not operate as a corporation1 body corporate1 body politic1 joint-stock company1 or limited liability company1 as applicable1 for the purposes of ,federal law if the operator of the dominant platform does not have a license granted by the ,commission under subsection 7a74 7c7 ,rescissions ,the ,office shall rescind a license granted to an operator of a platform under subsection 7a7 if the ,commission grants a request to remove the designation of that operator's platform as a dominant platform under section #baba7;d74 #bfjc4 ,revocation of license 7a7 ,filing of revocation petition ,the ,office may file a petition with the ,commission to revoke the license of an operator of a dominant platform4 7b7 ,timing of response and decision ,if a revocation petition is filed under subsection 7a7 with respect to an operator of a dominant platform-- 7#a7 not later than #ahj days after the date on which the petition is filed1 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 7c77#b72 and 7#b7 the ,commission shall issue a ruling with respect to the petition not later than #ahj days after the earlier of the date that is-- 7,a7 #ahj days after the date on which the petition is filed2 or 7,b7 the date on which the operator files a response under paragraph 7#a74 7c7 ,granting revocation petition 7#a7 ,in general ,the ,commission1 after consideration of the factors described in paragraph 7#b71 may grant a revocation petition that is filed under subsection 7a74 7#b7 ,factors ,in determining whether to grant a revocation petition under paragraph 7#a7 with respect to an operator of a dominant platform1 the ,commission shall consider whether the operator-- 7,a7 subject to paragraph 7#d71 has engaged in repeated1 egregious1 and illegal misconduct 7including violations of this division1 a rule promulgated under this division1 or an administrative order issued under this division7 that has caused significant harm to-- 7i7 users of the dominant platform or employees1 shareholders1 or business partners of the operator2 or 7ii7 communities in which the operator does business2 and 7,b7 has not undertaken measures to address the causes of the misconduct described in subparagraph 7,a71 such as terminating the employment of any officer or executive of the operator who oversaw that misconduct4 7#c7 ,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 #gjf of title #e1 ,united ,states ,code1 provided that a complaint is filed in the appropriate court not later than #ij days after the date on which the petition is granted4 7d7 ,revocation of license ,if the ,commission grants a revocation petition under subsection 7c7 with respect to an operator of a dominant platform1 the ,office shall revoke the license of that operator on the date that is #a year after the later of-- 7#a7 the date on which the ,commission grants the petition2 or 7#b7 the date on which the ,commission determines that judicial review under section #gjf of title #e1 ,united ,states ,code1 as described in subsection 7c77#c71 will not invalidate the decision by the ,commission to grant the revocation4 7e7 ,effect of revocation ,an operator of a dominant platform whose license is revoked under this section-- 7#a7 shall not be treated as a corporation1 body corporate1 body politic1 joint-stock company1 or limited liability company1 as applicable1 for the purposes of ,federal law2 and 7#b7 may not operate in the ,united ,states4 7f7 ,rulemaking ,the ,commission may issue any rules as necessary to carry out this section4 #bfjd4 ,compliance certification 7a7 ,certification ,on an annual basis1 the chief executive officer1 the chief financial officer1 and the chief information security officer 7or the respective equivalents7 of an operator of a dominant platform shall jointly certify to the ,office1 in a manner prescribed by the ,commission1 that the operator is in compliance with titles ,,ii1 ,,iii1 ,,iv1 and ,v of this division1 any rules promulgated to implement those titles1 and any administrative orders issued to enforce those titles4 7b7 ,false statements 7#a7 ,offense ,it shall be unlawful for an individual certifying compliance under subsection 7a7 to knowingly-- 7,a7 falsify1 conceal1 or cover up by any trick1 scheme1 or device a material fact2 7,b7 make any materially false1 fictitious1 or fraudulent statement or representation2 or 7,c7 make or use any false writing or document knowing the same to contain any materially false1 fictitious1 or fraudulent statement or entry4 7#b7 ,penalty ,any individual who violates paragraph 7#a7 shall be fined not more than #aj1jjj1jjj1 imprisoned for not more than #e years1 or both4 7#c7 ,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 determinations4 ,,vii ,enforcement by other entities #bgja4 ,enforcement by ,states1 private parties1 and ,federal agencies 7a7 ,enforcement by ,states 7#a7 ,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 entity1 including any platform operator1 in a practice that violates title ,,ii1 ,,iii1 ,,iv1 or ,v1 or a rule promulgated to implement any of those titles1 the attorney general of the ,state may1 as parens patriae1 bring a civil action on behalf of the residents of the ,state in an applicable district court of the ,united ,states 7as provided in section #bgjb7 to-- 7,a7 enjoin any further such violation by the covered entity2 7,b7 enforce compliance with the applicable title or rule1 including through deletion of the relevant data2 7,c7 obtain a permanent1 temporary1 or preliminary injunction2 7,d7 in an action joined by the ,commission1 obtain civil penalties not to exceed #ae percent of the total annual revenue of the ultimate parent entity of the covered entity during the preceding #ab-month period2 7,e7 obtain damages 7whether actual1 punitive1 or otherwise71 restitution1 disgorgement of unjust enrichment1 or other compensation on behalf of aggrieved persons2 or 7,f7 obtain any other appropriate equitable relief4 7#b7 ,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 7#a71 the attorney general may assert a claim under ,state law and a claim under that paragraph in the same civil action4 7#c7 ,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-- 7,a7 conduct investigations2 7,b7 administer oaths or affirmations2 or 7,c7 compel the attendance of witnesses or the production of documentary or other evidence4 7b7 ,private enforcement ,any person whose interest has been or is threatened or adversely affected by the engagement of any covered entity1 including any platform operator1 in a practice that violates title ,,ii1 ,,iv1 or ,v1 section #bcaa or #bcba1 or a rule promulgated to implement any of those titles or sections1 may bring a civil action in an applicable district court of the ,united ,states 7as provided in section #bgjb7 to-- 7#a7 enjoin any further such violation by the covered entity2 7#b7 enforce compliance with the applicable title1 section1 or rule1 including through deletion of the relevant data2 7#c7 obtain a permanent1 temporary1 or preliminary injunction2 7#d7 obtain damages 7whether actual1 statutory 7as provided under section #bdbb71 punitive1 or otherwise71 restitution1 or other compensation2 7#e7 obtain reasonable attorney fees1 including litigation expenses1 and costs2 or 7#f7 obtain any other appropriate equitable relief4 7c7 ,federal agencies 7#a7 ,federal ,trade ,commission 7,a7 ,enforcement authority ,except as provided in this paragraph and in section #bgjb1 the ,federal ,trade ,commission shall enforce titles ,,iii and ,,iv in the same manner1 by the same means1 and with the same jurisdiction1 powers1 and duties as though all applicable terms of the ,federal ,trade ,commission ,act 7#ae ,u4,s4,c4 #da et seq47 were incorporated into and made a part of such titles4 7,b7 ,scope of jurisdiction ,notwithstanding sections #d1 #e7;a77#b71 or #f of the ,federal ,trade ,commission ,act 7#ae ,u4,s4,c4 #dd1 #de7;a77#b71 #df71 or any jurisdictional limitation of the ,federal ,trade ,commission1 the ,federal ,trade ,commission shall also enforce titles ,,iii and ,,iv1 in the same manner provided in subparagraph 7,a71 with respect to any covered entity1 including banks1 savings and loan institutions described in section #ah7;f77#c7 of the ,federal ,trade ,commission ,act 7#ae ,u4,s4,c4 #eg;a7f77#c771 ,federal credit unions described in section #ah7;f77#d7 of such ,act1 common carriers subject to the ,acts to regulate commerce 7as defined in section #d of the ,federal ,trade ,commission ,act 7#ae ,u4,s4,c4 #dd771 air carriers and foreign air carriers subject to the ,federal ,aviation ,act of #aieh 7#di ,u4,s4,c4 ,app4 #acja et seq471 and persons1 partnerships1 or corporations insofar as they are subject to the ,packers and ,stockyards ,act1 #aiba1 as amended4 7#b7 ,department of ,justice ,the ,attorney ,general shall enforce title ,,iii in the same manner1 by the same means1 and with the same jurisdiction1 powers1 and duties as though all applicable terms of the ,sherman ,act 7#ae ,u4,s4,c4 #a et seq471 division ,a of this ,act1 and ,antitrust ,civil ,process ,act 7#ae ,u4,s4,c4 #acaa et seq47 were incorporated into and made a part of that title4 7d7 ,considerations for punitive damages ,in assessing the amount of punitive damages to award in an action brought under section #baae7;f7 or this section1 the court shall consider each relevant circumstance presented by a party to the action1 including-- 7#a7 the nature and seriousness of the misconduct2 7#b7 the number of violations2 7#c7 the persistence of the misconduct2 7#d7 the length of time over which the misconduct occurred2 7#e7 the willfulness of the defendant's misconduct2 and 7#f7 the defendant's assets1 liabilities1 and net worth4 #bgjb4 ,exclusive jurisdiction 7a7 ,district courts 7#a7 ,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 #bgja7;a74 7#b7 ,private and ,federal actions ,the following district courts shall have exclusive jurisdiction of an action brought under section #baae7;f7 or subsection 7b7 or 7c7 of section #bgja3 7,a7 ,the ,united ,states ,district ,court for the ,district of ,columbia4 7,b7 ,the district court of the ,united ,states for any judicial district in which-- 7i7 the violation took place2 or 7ii7 any defendant resides or does business4 7#c7 ,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 division4 7b7 ,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 7a74 ,,viii ,miscellaneous #bhja4 ,funding 7a7 ,authorizations of appropriations ,there is authorized to be appropriated to the ,commission to carry out the functions of the ,commission #ejj1jjj1jjj for-- 7#a7 fiscal year #bjbc2 and 7#b7 each fiscal year thereafter4 7b7 ,penalties ,the ,commission may use any amounts collected from civil penalties1 damages1 and settlements under this division that are not returned to consumers to carry out the functions of the ,commission1 without further appropriation4 #bhjb4 ,interagency cooperation 7a7 ,in general ,to facilitate interagency cooperation regarding the execution and enforcement of this division1 the ,commission may enter into memoranda of understanding with other ,federal agencies4 7b7 ,required cooperation ,not later than #ahj days after the date of enactment of this division1 the ,commission shall enter into a memorandum of understanding with-- 7#a7 the ,federal ,trade ,commission1 to facilitate cooperation regarding the execution and enforcement of titles ,,iii and ,,iv1 including enforcement under section #bgja7;c77#a72 and 7#b7 the ,attorney ,general1 to facilitate cooperation regarding any criminal proceedings and the execution and enforcement of title ,,iii1 including enforcement under section #bgja7;c77#b74 #bhjc4 ,effective date 7a7 ,in general ,except as provided in subsection 7b71 this division shall take effect on the date that is #a year after the date of enactment of this division4 7b7 ,exception ,subtitle ,a of title ,,iii shall take effect on the date of enactment of this division4 #bhjd4 ,rules of construction 7a7 ,in general ,nothing in this division shall be construed to-- 7#a7 preempt the law of any ,state that provides greater protections to users of platforms and consumers generally than the protections provided under this division2 or 7#b7 limit the ,federal ,trade ,commission1 the ,attorney ,general1 or any other ,federal agency from taking any action4 7b7 ,effect of findings1 actions1 and conclusions ,no finding reached1 action taken1 or conclusion drawn by the ,commission under this division shall limit or impact the enforcement of any other law by the ,federal ,trade ,commission1 the ,attorney ,general1 or any other ,federal agency4 #bhje4 ,severability ,if any provision of this division1 or the application of such a provision to any person or circumstance1 is held to be unconstitutional1 the remaining provisions of this division1 and the application of the provision to any other person or circumstance1 shall not be affected thereby4 4 ,,ii ,amendments to other laws #bja4 ,executive accountability for operators of dominant platforms 7a7 ,criminal liability ,part ,i of title #ah1 ,united ,states ,code1 is amended by inserting after chapter #bg the following3 #bh ,dominant platforms ,sec4 #ega4 ,negligence of executive officers4 #ega4 ,negligence of executive officers 7a7 ,definitions ,in this section-- 7#a7 the term executive officer1 with respect to a corporation1 means an individual who-- 7,a7 is described in section #bdj4c;b-#g of title #ag1 ,code of ,federal ,regulations1 or any successor thereto2 and 7,b7 by reason of the position of the individual in the corporation1 has the responsibility and authority to take necessary measures to prevent or remedy violations of law2 and 7#b7 the terms dominant platform and operator have the meanings given those terms in section #bjjb of the ,clayton ,act4 7b7 ,criminal liability 7#a7 ,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 7#b74 7#b7 ,violations described ,a violation of law described in this paragraph is-- 7,a7 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 agreement2 7,b7 a civil violation of ,federal or ,state law-- 7i7 for which the operator of a dominant platform is found liable or enters into a settlement agreement with any ,federal or ,state agency2 and 7ii7 that affects the health1 safety1 finances1 or personal data of-- 7,i7 not less than #a percent of the population of the ,united ,states2 or 7,,ii7 not less than #a percent of the population of a ,state2 or 7,c7 a criminal or civil violation of ,federal or ,state law-- 7i7 for which the operator of a dominant platform is convicted or found liable1 as the case may be2 and 7ii7 if1 during the #e-year period preceding the commission of the violation-- 7,i7 a court entered a criminal or civil judgment against the operator of the dominant platform relating to a different violation2 7,,ii7 the operator of the dominant platform entered into a deferred prosecution agreement or non-prosecution agreement relating to a different violation2 or 7,,iii7 the operator of the dominant platform entered into a settlement with a ,federal or ,state agency relating to a different violation4 7c7 ,penalty ,any executive officer who violates subsection 7b7 shall-- 7#a7 for a first offense1 be fined under this title1 imprisoned for not more than #a year1 or both2 and 7#b7 for a second or subsequent offense1 be fined under this title1 imprisoned for not more than #c years1 or both4 4 7b7 ,technical and conforming amendment ,the tables of chapters in part ,i of title #ah1 ,united ,states ,code1 is amended by inserting after the item relating to chapter #bg the following3 #bh4 ,dominant platforms#ega 4 #bjb4 ,criminal fines under the ,sherman ,act ,the ,sherman ,act 7#ae ,u4,s4,c4 #a et seq47 is amended-- 7#a7 in section #a 7#ae ,u4,s4,c4 #a71 in the second sentence-- 7,a7 by striking #ajj1jjj1jjj and inserting #ejj1jjj1jjj2 and 7,b7 by striking #a1jjj1jjj and inserting #b1jjj1jjj2 7#b7 in section #b 7#ae ,u4,s4,c4 #b7-- 7,a7 by striking #ajj1jjj1jjj and inserting #ejj1jjj1jjj2 and 7,b7 by striking #a1jjj1jjj and inserting #b1jjj1jjj2 and 7#c7 in section #c 7#ae ,u4,s4,c4 #c7-- 7,a7 by striking #ajj1jjj1jjj and inserting #ejj1jjj1jjj2 and 7,b7 by striking #a1jjj1jjj and inserting #b1jjj1jjj4 #bjc4 ,criminal fines under the ,robinson-,patman ,act ,section #c of the ,act of ,june #ai1 #aicf 7commonly known as the ,robinson-,patman ,act7 7#ae ,u4,s4,c4 #ac;a71 is amended by striking #e1jjj and inserting #aj1jjj4 #bjd4 ,directing the ,attorney ,general to develop victim-centered guidance 7a7 ,victim-,centered guidance 7#a7 ,in general ,not later than #ah months after the date of enactment of this ,act1 the ,attorney ,general1 in consultation with ,federal1 ,state1 and local law enforcement agencies and prosecutors1 sex trafficking victim advocates1 sex trafficking survivors1 and pediatric mental health experts1 shall develop and publish victim-centered guidance to strengthen protections for child sex trafficking victims testifying against human traffickers1 including-- 7,a7 practices to minimize the adverse consequences of testifying on child sex trafficking victim witnesses1 including the use of closed circuit television testimony or digitally recorded depositions2 7,b7 safe travel1 lodging1 and accompaniment for child sex trafficking victim witnesses2 7,c7 use of child advocacy centers and family justice centers1 where appropriate2 and 7,d7 safety planning1 including post-trial safety planning4 7#b7 ,training required ,not later than #ahj days after the publication of the guidance required under paragraph 7#a71 the ,attorney ,general shall disseminate and provide training to each office of the ,united ,states ,attorney on the victim-centered guidance4 7b7 ,training on victim-,centered protocols 7#a7 ,department of ,justice training and policy for law enforcement officers1 prosecutors1 and judges ,subsection 7c77#a77;,a7 of the ,combat ,human ,trafficking ,act of #bjae 7#cd ,u4,s4,c4 #bjgji7;c77#a77;,a77 is amended-- 7,a7 in clause 7iii71 by striking and at the end2 7,b7 in clause 7iv77,,ii71 by striking the period at the end and inserting 2 and2 and 7,c7 by adding at the end the following3 7v7 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 #bjd7;a77#a7 of the ,digital ,consumer ,protection ,commission ,act of #bjbc4 4 7#b7 ,federal prosecutors ,subsection 7c77#a77;,b7 of the ,combat ,human ,trafficking ,act of #bjae 7#cd ,u4,s4,c4 #bjgji7;c77#a77;,b77 is amended to read as follows3 7,b7 ,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-- 7i7 seeking restitution for offenses under chapter #gg of title #ah1 ,united ,states ,code1 to ensure that each ,united ,states attorney or other ,federal prosecutor1 upon obtaining a conviction for such an offense1 requests a specific amount of restitution for each victim of the offense without regard to whether the victim requests restitution2 and 7ii7 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 #bjd7;a77#a7 of the ,digital ,consumer ,protection ,commission ,act of #bjbc4 4 7c7 ,additional uses for victim-,centered child human trafficking deterrence block grant ,section #bjc7;b77#a7 of the ,trafficking ,victims ,protection ,reauthorization ,act of #bjje 7#cd ,u4,s4,c4 #bjgjc7;b77#a77 is amended-- 7#a7 in subparagraph 7,d71 by striking and at the end2 7#b7 in subparagraph 7,e71 by adding and at the end2 and 7#c7 by adding at the end the following3 7,f7 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 #bjd7;a77#a7 of the ,digital ,consumer ,protection ,commission ,act of #bjbc4 4 #bje4 ,use of term child sexual abuse material 7a7 ,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 pornography1 as that term was used in ,federal statutes and case law before the date of enactment of this ,act4 7b7 ,amendments 7#a7 ,title #e1 ,united ,states ,code ,chapter #fe of title #e1 ,united ,states ,code1 is amended-- 7,a7 in section #fejb7;a77#b77;,b71 by striking child pornography and inserting child sexual abuse material2 and 7,b7 in section #fejd7;c77#b77;,f71 by striking child pornography and inserting child sexual abuse material4 7#b7 ,homeland ,security ,act of #bjjb ,the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #aja et seq47 is amended-- 7,a7 in section #cjg7;b77#c77;,d7 7#f ,u4,s4,c4 #ahg7;b77#c77;,d771 by striking child pornography and inserting child sexual abuse material2 and 7,b7 in section #hij;,a 7#f ,u4,s4,c4 #dgc7-- 7i7 in subsection 7b77#b77;,a77ii71 by striking child pornography and inserting child sexual abuse material2 and 7ii7 in subsection 7e77#c77;,b77ii71 by striking child pornography and inserting child sexual abuse material4 7#c7 ,immigration and ,nationality ,act ,section #aja7;a77#dc77;,i7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja7;a77#dc77;,i77 is amended by striking child pornography and inserting child sexual abuse material4 7#d7 ,small ,business ,jobs ,act of #bjaj ,section #cjaa7;c7 of the ,small ,business ,jobs ,act of #bjaj 7#ab ,u4,s4,c4 #egaj7;c77 is amended by striking child pornography and inserting child sexual abuse material4 7#e7 ,broadband ,data ,improvement ,act ,section #bad7;a77#b7 of the ,broadband ,data ,improvement ,act 7#ae ,u4,s4,c4 #feed7;a77#b77 is amended by striking child pornography and inserting child sexual abuse material4 7#f7 ,,can-,,spam ,act of #bjjc ,section #d7;b77#b77;,b7 of the ,,can-,,spam ,act of #bjjc 7#ae ,u4,s4,c4 #ggjc7;b77#b77;,b77 is amended by striking child pornography and inserting child sexual abuse material4 7#g7 ,title #ah1 ,united ,states ,code ,title #ah1 ,united ,states ,code1 is amended-- 7,a7 in section #aief7;c77#g77;,d71 by striking child pornography each place the term appears and inserting child sexual abuse material2 7,b7 in chapter #aaj-- 7i7 in section #bbea7;e71 by striking child pornography and inserting child sexual abuse material2 7ii7 in section #bbeb7;b7-- 7,i7 in paragraph 7#a71 by striking child pornography and inserting child sexual abuse material2 and 7,,ii7 in paragraph 7#b71 by striking child pornography and inserting child sexual abuse material2 7iii7 in section #bbeb;,a-- 7,i7 in the section heading1 by striking material constituting or containing child pornography and inserting child sexual abuse material2 7,,ii7 in subsection 7a7-- 7aa7 in paragraph 7#a71 by striking child pornography and inserting child sexual abuse material2 7bb7 in paragraph 7#b7-- 7,,aa7 in subparagraph 7,a71 by striking child pornography and inserting child sexual abuse material2 and 7,,bb7 in subparagraph 7,b71 by striking material that contains child pornography and inserting child sexual abuse material2 7cc7 in paragraph 7#c77;,a71 by striking child pornography and inserting child sexual abuse material2 7dd7 in paragraph 7#d7-- 7,,aa7 in subparagraph 7,a71 by striking child pornography and inserting child sexual abuse material2 and 7,,bb7 in subparagraph 7,b71 by striking child pornography and inserting child sexual abuse material2 7ee7 in paragraph 7#e7-- 7,,aa7 in subparagraph 7,a71 by striking material that contains an image of child pornography and inserting item containing child sexual abuse material2 and 7,,bb7 in subparagraph 7,b71 by striking material that contains an image of child pornography and inserting item containing child sexual abuse material2 and 7ff7 in paragraph 7#g7-- 7,,aa7 by striking child pornography and inserting child sexual abuse material2 and 7,,bb7 by striking the period at the end and inserting a comma2 7,,iii7 in subsection 7b7-- 7aa7 in paragraph 7#a71 by striking child pornography and inserting child sexual abuse material2 and 7bb7 in paragraph 7#b71 by striking child pornography each place the term appears and inserting child sexual abuse material2 7,,iv7 in subsection 7c7-- 7aa7 in paragraph 7#a77;,a71 by striking child pornography and inserting child sexual abuse material2 7bb7 in paragraph 7#b71 by striking child pornography and inserting child sexual abuse material2 and 7cc7 in the undesignated matter following paragraph 7#b71 by striking child pornography and inserting child sexual abuse material2 7,v7 in subsection 7d77#a71 by striking child pornography and inserting child sexual abuse material2 and 7,,vi7 in subsection 7e71 by striking child pornography each place the term appears and inserting child sexual abuse material2 7iv7 in section #bbef7h7-- 7,i7 by striking child pornography and inserting child sexual abuse material2 and 7,,ii7 by striking the period at the end and inserting a semicolon2 7v7 in section #bbeg;,a7h7-- 7,i7 in paragraph 7#a77;,a77iii7-- 7aa7 by inserting a comma after marketed2 7bb7 by striking such than and inserting such that2 and 7cc7 by striking a visual depiction that is child pornography and inserting child sexual abuse material2 and 7,,ii7 in paragraph 7#b71 by striking any visual depiction that is child pornography and inserting child sexual abuse material2 7vi7 in section #bbeh;,a-- 7,i7 in subsection 7a77#b7-- 7aa7 in subparagraph 7,a71 by striking child pornography and inserting child sexual abuse material2 and 7bb7 in subparagraph 7,b71 by striking child pornography and inserting child sexual abuse material2 7,,ii7 in subsection 7b7-- 7aa7 in paragraph 7#d7-- 7,,aa7 in the paragraph heading1 by striking ,visual depictions of apparent child pornography and inserting ,apparent child sexual abuse material2 and 7,,bb7 by striking visual depiction of apparent child pornography and inserting apparent child sexual abuse material2 and 7bb7 in paragraph 7#e71 by striking visual depiction of apparent child pornography and inserting apparent child sexual abuse material2 and 7,,iii7 in subsection 7g77#b77;,b71 by striking visual depictions of apparent child pornography and inserting apparent child sexual abuse material2 7vii7 in section #bbeh;,c-- 7,i7 in the section heading1 by striking ,use to combat child pornography of technical elements relating to reports made to the ,cyber,tipline and inserting ,use of technical elements from reports made to the ,cyber,tipline to combat child sexual abuse material2 7,,ii7 in subsection 7a7-- 7aa7 in paragraph 7#b71 by striking child pornography and inserting child sexual abuse material2 and 7bb7 in paragraph 7#c71 by striking the actual visual depictions of apparent child pornography and inserting any apparent child sexual abuse material2 7,,iii7 in subsection 7d71 by striking child pornography visual depiction and inserting child sexual abuse material visual depiction2 and 7,,iv7 in subsection 7e71 by striking child pornography visual depiction and inserting child sexual abuse material visual depiction2 7viii7 in section #bbei-- 7,i7 in paragraph 7b77#b7-- 7aa7 in the paragraph heading1 by striking child pornography and inserting child sexual abuse material2 7bb7 in the matter preceding subparagraph 7,a71 by striking child pornography and inserting child sexual abuse material2 and 7cc7 in subparagraph 7,a71 by striking child pornography and inserting child sexual abuse material2 7,,ii7 in subsection 7c7-- 7aa7 in paragraph 7#a7-- 7,,aa7 in the paragraph heading1 by striking ,child pornography production and inserting ,production of child sexual abuse material2 7,,bb7 by striking child pornography production and inserting production of child sexual abuse material2 and 7,,cc7 by striking production of child pornography and inserting production of child sexual abuse material2 7bb7 in paragraph 7#b71 in the matter preceding subparagraph 7,a71 by striking trafficking in child pornography offenses each place the term appears and inserting offenses for trafficking in child sexual abuse material2 and 7cc7 in paragraph 7#c7-- 7,,aa7 in the paragraph heading1 by striking child pornography and inserting child sexual abuse material2 and 7,,bb7 by striking child pornography and inserting child sexual abuse material2 and 7,,iii7 in subsection 7d77#a7-- 7aa7 in subparagraph 7,a7-- 7,,aa7 by striking child pornography each place the term appears and inserting child sexual abuse material2 and 7,,bb7 by striking ,child ,pornography ,victims ,reserve and inserting ,reserve for ,victims of ,child ,sexual ,abuse ,material2 7bb7 in subparagraph 7,b71 by striking child pornography and inserting child sexual abuse material2 and 7cc7 in subparagraph 7,c7-- 7,,aa7 by striking child pornography and inserting child sexual abuse material2 and 7,,bb7 by striking ,child ,pornography ,victims ,reserve and inserting ,reserve for ,victims of ,child ,sexual ,abuse ,material2 7ix7 in section #bbei;,a-- 7,i7 in the section heading1 by striking child pornography cases and inserting cases involving child sexual abuse material2 7,,ii7 in subsection 7a7-- 7aa7 in paragraph 7#b71 by striking child pornography and inserting child sexual abuse material2 and 7bb7 in paragraph 7#c71 by striking a child pornography production offense and inserting an offense for production of child sexual abuse material2 and 7,,iii7 in subsection 7d77#b77;,b71 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 defendant2 and 7x7 in section #bbei;,b-- 7,i7 in the section heading1 by striking ,child pornography victims reserve and inserting ,reserve for child sexual abuse material2 7,,ii7 in subsection 7a71 by striking ,child ,pornography ,victims ,reserve each place the term appears and inserting ,reserve for ,victims of ,child ,sexual ,abuse ,material2 7,,iii7 in subsection 7b71 by striking ,child ,pornography ,victims ,reserve each place the term appears and inserting ,reserve for ,victims of ,child ,sexual ,abuse ,material2 and 7,,iv7 in subsection 7c71 by striking ,child ,pornography ,victims ,reserve and inserting ,reserve for ,victims of ,child ,sexual ,abuse ,material2 7,c7 in chapter #aag-- 7i7 in section #bdbc7;f77#c71 by striking child pornography and inserting child sexual abuse material2 and 7ii7 in section #bdbg-- 7,i7 in the section heading1 by striking child pornography and inserting child sexual abuse material2 and 7,,ii7 by striking child pornography and inserting child sexual abuse material2 7,d7 in section #beaf-- 7i7 in paragraph 7#a77;c71 by striking material constituting or containing child pornography and inserting child sexual abuse material2 and 7ii7 in paragraph 7#b71 by striking child pornography production and inserting production of child sexual abuse material2 7,e7 in section #cjad7;h77#c71 by striking child pornography victims and inserting victims of child sexual abuse material2 7,f7 in section #ceji-- 7i7 in subsection 7a77#f71 by striking child pornography and inserting child sexual abuse material2 and 7ii7 in subsection 7m7-- 7,i7 in the subsection heading1 by striking ,child ,pornography and inserting ,child ,sexual ,abuse ,material2 7,,ii7 in paragraph 7#a71 by striking property or material that constitutes child pornography 7as defined by section #bbef of this title7 and inserting child sexual abuse material 7as defined by section #bbef of this title71 or property or items containing such material12 7,,iii7 in paragraph 7#b7-- 7aa7 in subparagraph 7,a7-- 7,,aa7 by striking property or material that constitutes child pornography 7as defined by section #bbef of this title7 and inserting child sexual abuse material 7as defined by section #bbef of this title71 or property or items containing such material12 and 7,,bb7 by striking the property or material and inserting the child sexual abuse material1 property1 or items2 and 7bb7 in subparagraph 7,b71 by striking property or material each place the term appears and inserting child sexual abuse material1 property1 or items2 and 7,,iv7 in paragraph 7#c7-- 7aa7 by striking property or material that constitutes child pornography1 as defined under section #bbef7h7 and inserting child sexual abuse material 7as defined by section #bbef of this title72 7bb7 by striking such child pornography and inserting such child sexual abuse material2 and 7cc7 by striking ,such property or material and inserting ,such child sexual abuse material2 and 7,g7 in section #cfcb7;d77#d77;,d77xlii71 by striking material constituting or containing child pornography and inserting child sexual abuse material4 7#h7 ,tariff ,act of #aicj ,section #ehc7;a77#b77;,b7 of the ,tariff ,act of #aicj 7#ai ,u4,s4,c4 #aehc7;a77#b77;,b77 is amended by striking child pornography and inserting child sexual abuse material4 7#i7 ,elementary and ,secondary ,education ,act of #aife ,section #daba of the ,elementary and ,secondary ,education ,act of #aife 7#bj ,u4,s4,c4 #gaca7 is amended-- 7,a7 in subsection 7a7-- 7i7 in paragraph 7#a77;,a77ii71 by striking child pornography and inserting child sexual abuse material2 and 7ii7 in paragraph 7#b77;,a77ii71 by striking child pornography and inserting child sexual abuse material2 and 7,b7 in subsection 7e77#e7-- 7i7 in the paragraph heading1 by striking ,child pornography and inserting ,child sexual abuse material2 and 7ii7 by striking child pornography and inserting child sexual abuse material4 7#aj7 ,museum and ,library ,services ,act ,section #bbd7;f7 of the ,museum and ,library ,services ,act 7#bj ,u4,s4,c4 #iacd7;f77 is amended-- 7,a7 in paragraph 7#a7-- 7i7 in subparagraph 7,a77i77,,ii71 by striking child pornography and inserting child sexual abuse material2 and 7ii7 in subparagraph 7,b77i77,,ii71 by striking child pornography and inserting child sexual abuse material2 and 7,b7 in paragraph 7#g77;,a7-- 7i7 in the subparagraph heading1 by striking ,child pornography and inserting ,child sexual abuse material2 and 7ii7 by striking child pornography and inserting child sexual abuse material4 7#aa7 ,omnibus ,crime ,control and ,safe ,streets ,act of #aifh ,section #cjca7;b77#c7 of title ,i of the ,omnibus ,crime ,control and ,safe ,streets ,act of #aifh 7#cd ,u4,s4,c4 #ajgba7;b77#c77 is amended by striking child pornography and inserting child sexual abuse material4 7#ab7 ,juvenile ,justice and ,delinquency ,prevention ,act of #aigd ,section #djd7;b77#a77,k7 of the ,juvenile ,justice and ,delinquency ,prevention ,act of #aigd 7#cd ,u4,s4,c4 #aabic7;b77#a77,k77 is amended-- 7,a7 in clause 7i77,i77aa71 by striking child pornography and inserting child sexual abuse material2 and 7,b7 in clause 7ii71 by striking child pornography and inserting child sexual abuse material4 7#ac7 ,victims of ,crime ,act of #aihd ,section #adjb7;d77#f77;,a7 of the ,victims of ,crime ,act of #aihd 7#cd ,u4,s4,c4 #bjaja7;d77#f77;,a77 is amended by striking ,child ,pornography ,victims ,reserve and inserting ,reserve for ,victims of ,child ,sexual ,abuse ,material4 7#ad7 ,victims of ,child ,abuse ,act of #aiij ,the ,victims of ,child ,abuse ,act of #aiij 7#cd ,u4,s4,c4 #bjcja et seq47 is amended-- 7,a7 in section #bab7d7 7#cd ,u4,s4,c4 #bjcjb7d771 by striking child pornography and inserting child sexual abuse material2 7,b7 in section #bad7;b7 7#cd ,u4,s4,c4 #bjcjd7;b77-- 7i7 in the subsection heading1 by striking ,child ,pornography and inserting ,child ,sexual ,abuse ,material2 and 7ii7 by striking child pornography and inserting child sexual abuse material2 and 7,c7 in section #bbf7;c77#f7 7#cd ,u4,s4,c4 #bjcda7;c77#f771 by striking child pornography and inserting child sexual abuse material4 7#ae7 ,sex ,offender ,registration and ,notification ,act ,section #aaa of the ,sex ,offender ,registration and ,notification ,act 7#cd ,u4,s4,c4 #bjiaa7 is amended-- 7,a7 in paragraph 7#c77;,b77iii71 by striking child pornography and inserting child sexual abuse material2 and 7,b7 in paragraph 7#g77;,g71 by striking child pornography and inserting child sexual abuse material4 7#af7 ,adam ,walsh ,child ,protection and ,safety ,act of #bjjf ,section #adc7;b77#c7 of the ,adam ,walsh ,child ,protection and ,safety ,act of #bjjf 7#cd ,u4,s4,c4 #bjidb7;b77#c77 is amended by striking child pornography and enticement cases and inserting cases involving child sexual abuse material and enticement of children4 7#ag7 ,,protect ,our ,children ,act of #bjjh ,the ,,protect ,our ,children ,act of #bjjh 7#cd ,u4,s4,c4 #baaja et seq47 is amended-- 7,a7 in section #aja7;c7 7#cd ,u4,s4,c4 #baaaa7;c77-- 7i7 in paragraph 7#af7-- 7,i7 in the matter preceding subparagraph 7,a71 by striking child pornography trafficking and inserting trafficking in child sexual abuse material2 7,,ii7 in subparagraph 7,a71 by striking child pornography and inserting child sexual abuse material2 7,,iii7 in subparagraph 7,b71 by striking child pornography and inserting child sexual abuse material2 7,,iv7 in subparagraph 7,c71 by striking child pornography and inserting child sexual abuse material2 and 7,v7 in subparagraph 7,d71 by striking child pornography and inserting child sexual abuse material2 and 7ii7 in paragraph 7#ag77;,a71 by striking child pornography and inserting child sexual abuse material2 and 7,b7 in section #aje7;e77#a77;,c7 7#cd ,u4,s4,c4 #baaae7;e77#a77;,c771 by striking child pornography trafficking and inserting trafficking in child sexual abuse material4 7#ah7 ,social ,security ,act ,section #dga7;a77#bj77;,a77i7 of the ,social ,security ,act 7#db ,u4,s4,c4 #fga7;a77#bj77;,a77i77 is amended by striking child pornography and inserting offenses involving child sexual abuse material4 7#ai7 ,privacy ,protection ,act of #aihj ,section #aja of the ,privacy ,protection ,act of #aihj 7#db ,u4,s4,c4 #bjjj;aa7 is amended-- 7,a7 in subsection 7a77#a71 by striking child pornography and inserting child sexual abuse material2 and 7,b7 in subsection 7b77#a71 by striking child pornography and inserting child sexual abuse material4 7#bj7 ,child ,care and ,development ,block ,grant ,act of #aiij ,section #feh;,h7c77#a7 of the ,child ,care and ,development ,block ,grant ,act of #aiij 7#db ,u4,s4,c4 #iheh;f7c77#a77 is amended-- 7,a7 in subparagraph 7,d77iii71 by striking child pornography and inserting offenses relating to child sexual abuse material2 and 7,b7 in subparagraph 7,e71 by striking child pornography and inserting child sexual abuse material4 7#ba7 ,communications ,act of #aicd ,title ,,ii of the ,communications ,act of #aicd 7#dg ,u4,s4,c4 #bja et seq47 is amended-- 7,a7 in section #bbc 7#dg ,u4,s4,c4 #bbc7-- 7i7 in subsection 7a77#a7-- 7,i7 in subparagraph 7,a71 in the undesignated matter following clause 7ii71 by striking child pornography and inserting which constitutes child sexual abuse material2 and 7,,ii7 in subparagraph 7,b71 in the undesignated matter following clause 7ii71 by striking child pornography and inserting which constitutes child sexual abuse material2 and 7ii7 in subsection 7d77#a71 in the undesignated matter following subparagraph 7,b71 by striking child pornography and inserting that constitutes child sexual abuse material2 and 7,b7 in section #bed7;h7 7#dg ,u4,s4,c4 #bed7;h77-- 7i7 in paragraph 7#e7-- 7,i7 in subparagraph 7,b77i77,,ii71 by striking child pornography and inserting child sexual abuse material2 and 7,,ii7 in subparagraph 7,c77i77,,ii71 by striking child pornography and inserting child sexual abuse material2 7ii7 in paragraph 7#f7-- 7,i7 in subparagraph 7,b77i77,,ii71 by striking child pornography and inserting child sexual abuse material2 and 7,,ii7 in subparagraph 7,c77i77,,ii71 by striking child pornography and inserting child sexual abuse material2 and 7iii7 in paragraph 7#g77;,f7-- 7,i7 in the subparagraph heading1 by striking ,child pornography and inserting ,child sexual abuse material2 and 7,,ii7 by striking child pornography and inserting child sexual abuse material4 7c7 ,table of sections amendments 7#a7 ,chapter #aaj of title #ah ,the table of sections for chapter #aaj of title #ah1 ,united ,states ,code1 is amended-- 7,a7 by striking the item relating to section #bbeb;,a and inserting the following3 #bbeb;,a4 ,certain activities relating to child sexual abuse material4 2 7,b7 by striking the item relating to section #bbeh;,c and inserting the following3 #bbeh;,c4 ,use of technical elements from reports made to the ,cyber,tipline to combat child sexual abuse material4 2 7,c7 by striking the item relating to section #bbei;,a and inserting the following3 #bbei;,a4 ,assessments in cases involving child sexual abuse material4 2 and 7,d7 by striking the item relating to section #bbei;,b and inserting the following3 #bbei;,b4 ,reserve for victims of child sexual abuse material4 4 7#b7 ,chapter #aag of title #ah ,the table of sections for chapter #aag of title #ah1 ,united ,states ,code1 is amended by striking the item relating to section #bdbg and inserting the following3 #bdbg4 ,inclusion of offenses relating to child sexual abuse material in definition of sexual activity for which any person can be charged with a criminal offense4 4 7d7 ,amendment to the ,federal sentencing guidelines ,pursuant to its authority under section #iid7p7 of title #bh1 ,united ,states ,code1 and in accordance with this section1 the ,united ,states ,sentencing ,commission shall amend the ,federal sentencing guidelines1 including application notes1 to replace the terms child pornography and child pornographic material with child sexual abuse material4 7e7 ,effective date ,the amendments made by this section to title #ah of the ,united ,states ,code shall apply to conduct that occurred before1 on1 or after the date of enactment of this ,act4 #bjf4 ,ineligibility due to disqualifying mental status 7a7 ,unlawful acts related to firearms ,section #ibb of title #ah1 ,united ,states ,code1 is amended by striking adjudicated as a mental defective each place such term appears and inserting adjudicated as ineligible due to disqualifying mental status4 7b7 ,possession by restricted persons ,section #age;b7d77#b77;,f7 of title #ah1 ,united ,states ,code1 is amended by striking adjudicated as a mental defective and inserting adjudicated as ineligible due to disqualifying mental status4 7c7 ,unlawful acts related to explosives ,section #hdb of title #ah1 ,united ,states ,code1 is amended-- 7#a7 in subsection 7d77#f71 by striking adjudicated a mental defective and inserting adjudicated as ineligible due to disqualifying mental status2 and 7#b7 in subsection 7i77#d71 by striking adjudicated as a mental defective and inserting adjudicated as ineligible due to disqualifying mental status4 7d7 ,,nics ,improvement ,amendments ,act of #bjjg ,the ,,nics ,improvement ,amendments ,act of #bjjg 7#cd ,u4,s4,c4 #djijb et seq47 is amended-- 7#a7 by striking adjudicated as a mental defective each place such term appears and inserting adjudicated as ineligible due to disqualifying mental status2 and 7#b7 in section #aja7;c77#c7 7#cd ,u4,s4,c4 #djiaa7;c77#c77-- 7,a7 in the matter preceding subparagraph 7,a71 by striking adjudicate a person as a mental defective and inserting adjudicate a person as ineligible due to disqualifying mental status2 and 7,b7 in subparagraph 7,a71 by striking adjudicate the person as a mental defective and inserting adjudicate the person as ineligible due to disqualifying mental status4