,,ii #aaith ,,congress #b;d ,session ,s4 #ejjg ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,july #ae1 #bjbf,ms4 ,klobuchar 7for herself and ,mr4 ,schmitt7 introduced the following bill2 which was read twice and referred to the ,committee on the ,judiciary ,a ,,bill ,to restore competition in online search and digital advertising markets1 to prevent exclusionary conduct by covered platforms1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,securing ,enforcement of ,americans' ,right to ,competition at ,home ,act of #bjbf or the ,,search ,act of #bjbf4 #b4 ,definitions ,for purposes of this ,act3 7#a7 ,ads data ,the term ads data means any information related to a covered platform's election1 ranking1 and placement of search ads in response to queries1 including any user-side data used in that process4 7#b7 ,,ai search ,the term ,,ai search is a form of general search engine that uses generative ,,ai1 in conjunction with a search index1 to generate responses to a user query or prompt or other content that may provide links or citations to source material4 7#c7 ,choice screen ,the term choice screen1 with respect to a choice of default general search engine1 means a user interface that allows a user to select their option from a fair and clearly presented list that is designed in a neutral manner1 without default pre-selection1 preferential ranking1 graphic emphasis1 or other form of presentation that favors one option over another4 7#d7 ,commission ,the term ,commission means the ,federal ,trade ,commission4 7#e7 ,competitor ,the term competitor means a provider of1 or potential entrant into the market for providing1 a general search engine1 ,,ai search1 or search ads in the ,united ,states4 7#f7 ,control ,the term control1 with respect to an entity1 means-- 7,a7 ownership of1 or the power to vote1 more than #ej percent of the outstanding shares of any class of voting security of the entity2 7,b7 control in any manner over the election of a majority of the directors of the entity1 or of individuals exercising similar functions2 or 7,c7 the power to exercise influence over the management of the entity4 7#g7 ,covered platform ,the term covered platform means any entity that-- 7,a7 offers1 or controls an entity that offers1 a general search engine1 ,,ai search1 or search ads in the ,united ,states2 7,b7 offers a general search engine or ,,ai search through any platform1 service1 device1 browser1 or operating system not exclusively owned1 operated1 or controlled by the entity2 and 7,c7 during any period in the preceding #ab months1 has monthly active users in the ,united ,states accessing the general search engine or ,,ai search1 through the means described in clause 7i71 equal to not less than #dj percent of the population of the ,united ,states over the age of #ab1 as determined by the most recent decennial census of population conducted by the ,bureau of the ,census4 7#h7 ,data 7,a7 ,in general ,the term data-- 7i7 means any information1 in any form1 that is collected1 derived1 generated1 or otherwise obtained by a covered platform in connection with the offering or operation of a general search engine1 ,,ai search1 or search ads2 7ii7 includes ads data1 user-side data1 ranking signals1 information contained in or derived from a search index1 search results page composition and layout data1 and data relating to implementation of any requirement under this ,act1 including the implementation or performance of choice screens required under section #h2 and 7iii7 does not include trade secrets or proprietary source code that are not used as inputs to or outputs of a general search engine1 ,,ai search1 or search ads4 7,b7 ,rule of construction ,nothing in this definition shall be construed to require a covered platform to disclose-- 7i7 information that identifies1 or could reasonably be used to identify1 a specific individual1 except to the extent such information has been de-identified in accordance with the standards established under section #e7;e72 or 7ii7 information linking multiple queries or sessions to a single user or device4 7#i7 ,device ,the term device means a smartphone1 tablet1 laptop1 desktop1 or other device that allows a user to access a general search engine or ,,ai search4 7#aj7 ,generative ,,ai ,the term generative ,,ai means a type of artificial intelligence that creates new content including1 but not limited to1 text1 images1 code1 classifications1 and other media using machine learning models4 7#aa7 ,general search engine ,the term general search engine means a software or service that retrieves and ranks results from a search index and provides links to websites and other information in response to a user query or prompt1 including services that use generative ,,ai4 7#ab7 ,monthly active users ,the term monthly active users means the number of unique end users in the ,united ,states that submitted #a or more search queries or prompts to a general search engine or ,,ai search offered by the covered platform during a calendar month4 7#ac7 ,publisher ,the term publisher means a person that owns or controls the legal right to any information published or otherwise made available on any software1 application1 interface1 digital product1 browser1 service1 or operating system4 7#ad7 ,qualified competitor ,the term qualified competitor means a competitor that offers or intends to offer a general search engine1 ,,ai search1 or search ad solution that has a valuation greater than #a_/c of the size-of-transaction threshold under section #g;,a7a77#b7 of the ,clayton ,act 7#ae ,u4,s4,c4 #ah;a7 at the time of such offer or intent to offer4 7#ae7 ,ranking signals ,the term ranking signals means variables1 weights1 or other factors that affect how items on a search engine results page are selected1 positioned1 and ranked in response to a user query or prompt and include signals derived from user engagement1 content quality1 authoritativeness1 freshness1 and relevance4 7#af7 ,search access point ,the term search access point means any software1 application1 interface1 digital product1 browser1 service1 or operating system feature through which a user can-- 7,a7 submit a general search query or prompt2 or 7,b7 receive a response to a general search query or prompt4 7#ag7 ,search ad ,the term search ad means an advertisement1 including images and video1 that appear near non-advertising search results or links on a search engine results page or that is displayed in connection with summaries of organic search results created by ,,ai search4 7#ah7 ,search engine results page ,the term search engine results page means results provided by a general search engine1 in response to a user query1 including links and other features and content1 including from a broad index of the search index4 7#ai7 ,search index ,the term search index means a database or other data structure that stores and organizes information about online content and resources collected by web crawling1 data feeds1 licensing1 or partnerships from which a covered platform selects information to rank1 retrieve1 or condition results or responses to users in response to queries or prompts4 7#bj7 ,user-side data ,the term user-side data means data obtainable from users in the ,united ,states1 through a search engine's interaction with the user's device1 including software running on that device1 by automated means4 #c4 ,prohibitions on exclusionary conduct 7a7 ,no preferential treatment or payments ,a covered platform may not provide payments1 incentives1 or anything else of value to any entity that displays or provides access to the products or services of the covered platform1 including distributors1 device makers1 or browser developers1 for-- 7#a7 preferential treatment of a general search engine1 ,,ai search1 or search access point relative to competitors2 7#b7 making or maintaining any general search engine or ,,ai search as a default within a new or existing search access point2 7#c7 preventing or inhibiting the use of any general search engine or ,,ai search competitor2 or 7#d7 pre-installation1 placement1 or default status of any general search engine1 ,,ai search1 or search access point4 7b7 ,no exclusive agreements ,a covered platform may not enter into or enforce any existing agreement with a publisher or distributor that-- 7#a7 prevents a competitor from accessing data from the publisher or distributor2 7#b7 provides most favored nation status to the covered platform2 or 7#c7 includes any provision that would require the publisher or distributor to give the covered platform more favorable terms than those made available to any competitor4 7c7 ,no conditional access ,a covered platform may not condition access to app stores1 operating systems1 or other products or services on the distribution of its own general search engine1 search ads1 or other advertising products and services4 7d7 ,no revenue sharing tied to exclusivity ,a covered platform may not pay distributors based on usage1 revenue1 or other factors that incentivize or incorporate metrics relating to default status for its own general search engine1 search access point1 or ,,ai search products or services4 7e7 ,prior approval of acquisitions and investments in relevant markets ,a covered platform shall-- 7#a7 obtain prior written approval from the ,commission for any acquisition1 investment1 or joint venture involving a competitor in a general search engine1 ,,ai search1 or search ads product when such acquisition1 investment1 or joint venture-- 7,a7 is valued in excess of the size-of-transaction threshold under section #g;,a7a77#b7 of the ,clayton ,act 7#ae ,u4,s4,c4 #ah;a7a77#b772 or 7,b7 regardless of value1 would-- 7i7 confer on the covered platform control of1 or the ability to exercise material influence over1 a competitor2 or 7ii7 grant the covered platform exclusive or preferential access to a competitor's computational resources1 training data1 search index1 or distribution1 on terms not made available to other competitors2 and 7#b7 provide not less than #fj days advance notice to the attorney general of any ,state or territory where the covered platform offers products or services before closing such acquisition1 investment1 or joint venture4 #d4 ,prohibitions on self-preferencing 7a7 ,self-,preferencing in search ,a covered platform shall not use its control over a general search engine1 ,,ai search1 or search ads on a search access point to advantage its own services1 products1 or content1 including through-- 7#a7 preferential placement1 ranking1 or display2 7#b7 exclusive or preferential access to features1 functionality1 or data2 7#c7 degradation of competitors or competing services1 products1 or content2 or 7#d7 user interface or user design experiences that systematically bias the general search engine1 search ads1 ,,ai search1 or generative ,,ai products or services of the covered platform over those of competitors4 7b7 ,self-,preferencing on other platforms ,a covered platform shall not use its ownership or control of browsers1 operating systems1 devices1 or other products or services to preference the general search engine1 ,,ai search1 or search ads products or services of the covered platform4 #e4 ,data sharing requirements 7a7 ,search index access ,each covered platform shall provide qualified competitors with non-discriminatory access to the search index and associated ranking signals of the covered platform4 7b7 ,user-,side data access ,each covered platform shall provide qualified competitors with nondiscriminatory access to user-side data1 with privacy safeguards in accordance with subsection 7e74 7c7 ,ads data access ,each covered platform shall provide qualified competitors with non-discriminatory access to all data used to select1 rank1 and place search ads4 7d7 ,prohibition on conditioning access ,a covered platform shall not condition a publisher's inclusion1 ranking1 or participation in any core service1 such as search indexing1 on the publisher's consent to the use of their content for separate services1 including ad targeting or the training of generative ,,ai products4 7e7 ,data sharing mechanisms ,each covered platform shall provide data to qualified competitors as follows3 7#a7 ,access to data shall be provided at marginal cost via an application programming interface in a machine-readable format and updated not less frequently than once per week4 7#b7 ,data shall be filtered to remove individuals' personally identifying information1 including-- 7,a7 addresses1 social security numbers1 credit card numbers1 phone numbers1 email addresses2 and 7,b7 metadata attributes that are not generalized1 including any location data at a ,,zip ,code level4 7#c7 ,qualified competitors shall agree to contractual protections and restrictions prohibiting re-identification and limiting unrestricted onward transfers of data4 7f7 ,exception ,if the majority of the monthly active users of a covered platform come from any platform1 service1 device1 browser1 or operating system not exclusively owned1 operated1 or controlled by the covered platform1 the data sharing obligations under subsections 7a7 through 7e7 do not apply4 #f4 ,mandatory syndication 7a7 ,search syndication ,a covered platform shall license search results1 ranking signals1 and related features to qualified competitors at marginal cost1 under the following terms3 7#a7 ,syndicated content ,covered platforms shall include local1 maps1 video1 images1 and knowledge panel search feature content on any user interface under the control1 operation1 or ownership of a qualified competitor1 including on mobile and desktop computing environments4 7#b7 ,technical obligations ,covered platforms shall-- 7,a7 make syndicated content available via an application program interface2 7,b7 provide responses with latency and reliability equivalent to what the covered platform's general search engine or related products receive2 and 7,c7 only implement such measures as are necessary to protect brand integrity1 user security1 and system stability4 7#c7 ,protections for qualified competitors ,the following protections shall apply3 7,a7 ,covered platforms shall not impose restrictions on how a qualified competitor may use1 display1 or integrate syndicated results into its own products or services1 including integration with any generative ,,ai product4 7,b7 ,covered platforms shall not retain or use the syndicated queries or related metadata for any commercial or competitive purpose4 7,c7 ,qualified competitors may choose which queries and components to request and how to display them4 7,d7 ,qualified competitors shall have discretion as to what information is shared with a covered platform4 7,e7 ,qualified competitors shall have access to syndicated content for not less than #aj years from the date a license is entered into with a covered platform4 7#d7 ,rules ,the ,commission may promulgate rules necessary to implement the requirements of this subsection4 7b7 ,ads syndication ,a covered platform shall license search ad inventory to qualified competitors on a nondiscriminatory basis for renewable #a-year periods1 under the following terms3 7#a7 ,technical obligations ,the technical obligations under subsection 7a77#b7 shall apply4 7#b7 ,protections for qualified competitors ,the protections for qualified competitors under subsection 7a77#c7 shall apply4 7#c7 ,rules ,the ,commission may promulgate rules necessary to implement the requirements of this subsection4 #g4 ,advertiser transparency 7a7 ,transparency ,to enhance transparency1 the following shall apply3 7#a7 ,advertisers shall have access to query-level reports on cost-per-click1 keyword triggers1 and search engine results page position4 7#b7 ,advertisers shall be able to export all ad campaign data in real time4 7#c7 ,covered platforms shall provide exact-match keyword and negative keyword options4 7#d7 ,covered platforms shall report all material changes to their search ad auctions to the ,commission on a monthly basis4 7b7 ,rules ,the ,commission may promulgate rules necessary to implement the requirements of this section4 #h4 ,user choice requirements 7a7 ,expressing search preference 7#a7 ,in general ,on all browsers1 devices1 and search access points owned1 operated1 or controlled by a covered platform1 users shall be presented with a choice screen-- 7,a7 at initial device setup1 browser installation1 or account creation2 and 7,b7 at least once annually thereafter4 7#b7 ,ranking and selection ,qualified competitors presented on a choice screen shall be randomly ranked and selected for inclusion by objective1 transparent1 and non-pay-to-play criteria1 such as-- 7,a7 ,united ,states market share 7based on publicly verifiable data or independent assessment72 and 7,b7 consent to participate and provide technical compatibility4 7#c7 ,selection reporting ,a covered platform shall make available data on the number of impressions and selections that occurred on each choice screen1 segmented by device1 operating system1 and browser1 via real-time application programming interfaces4 7b7 ,defaults on new devices ,no covered platform may preinstall1 or require third parties to install1 its own general search engine as the default on new devices4 7c7 ,easy switching 7#a7 ,in general ,for any search access point under a covered platform's ownership1 operation1 or control1 the covered platform shall provide-- 7,a7 a permanent and easily accessible setting for users to switch defaults2 and 7,b7 support for the ability to switch defaults via a prompt from a competing app or website operated by a qualified competitor4 7#b7 ,easily accessible ,for purposes of paragraph 7#a71 a setting shall not be considered easily accessible if the process to change a default setting is materially more difficult than the process to set up1 access1 or use the covered platform's own corresponding product or service4 7d7 ,public education fund ,the ,commission1 in consultation with ,state attorneys general1 may require contributions by covered platforms to fund user education relating to general search engine and ,,ai search choice in an amount equivalent to not more than #j4je percent of the ,united ,states annual revenue of the covered platforms4 7e7 ,commission guidance ,not later than #ahj days after the date of enactment of this ,act1 the ,commission shall issue non-binding guidance on best practices for designing and reporting user choice requirements4 #i4 ,enforcement 7a7 ,civil action 7#a7 ,in general ,the ,commission1 the ,attorney ,general1 or any attorney general of a ,state may enforce this ,act only through a civil action brought before a district court of the ,united ,states4 7#b7 ,commission independent litigation authority ,if the ,commission has reason to believe that a person violated this ,act1 the ,commission may commence a civil action1 in its own name by any of its attorneys designated by it for such purpose1 to recover a civil penalty under paragraph 7f71 in a district court of the ,united ,states4 ,except as otherwise provided in section #af7;a77#c7 of the ,federal ,trade ,commission ,act 7#ae ,u4,s4,c4 #ef7;a77#c771 the ,commission shall have exclusive authority to commence or defend1 and supervise the litigation of1 any civil action under this paragraph and any appeal of such action in its own name by any of its attorneys designated by it for such purpose1 unless the ,commission authorizes the ,attorney ,general to do so4 ,the ,commission shall inform the ,attorney ,general of the exercise of such authority1 and such exercise shall not preclude the ,attorney ,general from intervening on behalf of the ,united ,states in such action and any appeal of such action as may be otherwise provided by law4 7b7 ,certification of compliance ,not later than ,march #ca of each calendar year1 each covered platform shall submit to the ,commission a certification of compliance that includes-- 7#a7 a sworn statement certified under penalty of perjury by a compliance officer of the entity that-- 7,a7 the covered platform is in compliance with the requirements of this ,act2 or 7,b7 identifies with specificity any provision with which the covered platform is not in full compliance and describes the steps being taken to achieve compliance2 and 7#b7 monthly active user data for each month of the preceding calendar year1 calculated as described in section #b7f77;,b71 disaggregated by general search engine and ,,ai search4 7c7 ,optional certification of non-,coverage ,any entity that offers a general search engine1 ,,ai search1 or search ads in the ,united ,states may submit to the ,commission1 not later than ,march #ca of each calendar year1 a certification of non-coverage with this ,act that includes-- 7#a7 monthly active user data for each month of the preceding calendar year1 calculated as described in section #b7f77;,b71 or if the entity is unable to measure monthly active users directly1 other research or survey data that demonstrates the entity did not meet the threshold set forth in that section at any time during the preceding #ab-month period2 and 7#b7 a sworn statement that the entity is not a covered platform1 certified under penalty of perjury by a senior officer of the entity1 attesting to the accuracy and completeness of the data submitted4 7d7 ,confidentiality ,certifications and supporting data submitted under this section shall be treated as confidential commercial information4 7e7 ,compliance officers ,each covered platform shall appoint an internal compliance officer who shall certify annual compliance with this ,act4 7f7 ,penalties ,any covered platform found to violate this ,act shall be subject to a civil penalty of not more than #ae percent of ,united ,states annual revenue of the covered platform4 7g7 ,internal antitrust1 anti-,spoliation1 and compliance education 7#a7 ,training required ,a covered platform shall annually provide not less than #aj hours of in-person training on antitrust laws1 legal obligations to preserve evidence in anticipation of litigation1 and compliance with this ,act1 in consultation with the ,commission1 to-- 7,a7 all chief-level executives2 7,b7 any employee who is serving or has served as the covered platform's general counsel or president of global affairs2 7,c7 all employees in the covered platform's legal department2 and 7,d7 all employees subject to a litigation hold in any proceeding to enforce or challenge this ,act4 7#b7 ,penalty for failure to complete ,any employee required to complete the training described in paragraph 7#a7 who fails to complete such training shall be personally subject to a civil penalty of not more than #aj percent of their total annual compensation1 including salary and stock awards or options4 #aj4 ,remedies 7a7 ,in general ,when determining a remedy for1 or in a final judgment addressing any violation of1 section #b of the ,sherman ,act1 in addition to any other civil or criminal penalties provided under any applicable section of law1 such remedy or final judgment shall-- 7#a7 unfetter the relevant market or markets from the harm caused by the violation2 7#b7 terminate the illegal monopoly or monopolies2 7#c7 deny to the defendant the fruits of its statutory violations2 and 7#d7 ensure there remain no practices in place that are likely to result in a future violation by the defendant of section #b of the ,sherman ,act4 7b7 ,consideration of effects ,in any civil action brought under section #i7;a7 of this ,act1 the court shall not consider1 deem relevant1 or be constrained by any effects on markets1 products1 or services outside of the relevant market or markets that were the subject of the underlying violation4 #aa4 ,standing ,notwithstanding any other provision of law1 if the ,commission1 ,department of ,justice1 or any of their officials fail to defend this ,act in any challenge to its validity1 constitutionality1 or enforceability1 the attorney general of any ,state may intervene in any court action challenging this ,act for the purpose of such defense4 ,the reasonable fees and costs of defending the action shall be charged jointly to the ,commission and ,department of ,justice1 and shall be satisfied promptly4 #ab4 ,enforcement and judicial review ,all rules and guidance promulgated pursuant to this ,act shall be promulgated in accordance with the requirements of1 and be subject to judicial review in accordance with1 chapter #e of title #e1 ,united ,states ,code4 #ac4 ,rule of construction ,nothing in this ,act may be construed to limit-- 7#a7 any authority of the ,department of ,justice or the ,commission under the antitrust laws 7as defined in the first section of the ,clayton ,act 7#ae ,u4,s4,c4 #ab771 the ,federal ,trade ,commission ,act 7#ae ,u4,s4,c4 #da et seq471 or any other provision of law2 7#b7 the application of any other provision of law2 or 7#c7 any equitable remedies available under any other provision of law4 #ad4 ,severability ,if any provision of this ,act1 or the application of such a provision to any person or circumstance1 is held to be unconstitutional or otherwise invalid or unenforceable1 the remaining provisions of this ,act1 and the application of such provisions to any person or circumstance shall not be affected thereby4 #ae4 ,effective date2 sunset2 termination of obligations 7a7 ,effective date 7#a7 ,prohibitions ,sections #c and #d shall take effect on the date that is #ij days after the date of enactment of this ,act4 7#b7 ,data sharing and transparency ,sections #e through #h shall take effect-- 7,a7 with respect to an entity that is a covered platform as of the date of enactment of this ,act1 on the date that is #a year after such date of enactment2 and 7,b7 with respect to an entity that is not a covered platform as of the date of enactment of this ,act1 on the date that is #a year after the date the entity becomes a covered platform4 7b7 ,sunset ,this ,act shall cease to be effective on the date that is #aj years after the date of enactment of this ,act1 unless ,congress extends such period4