Enforcement

(a) Civil action (1) In general The Commission, the Attorney General, or any attorney general of a State may enforce this Act only through a civil action brought before a district court of the United States. (2) Commission independent litigation authority If the Commission has reason to believe that a person violated this Act, the Commission may commence a civil action, in its own name by any of its attorneys designated by it for such purpose, to recover a civil penalty under paragraph (f), in a district court of the United States. Except as otherwise provided in section 16(a)(3) of the Federal Trade Commission Act (15 U.S.C. 56(a)(3)), the Commission shall have exclusive authority to commence or defend, and supervise the litigation of, 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 purpose, unless the Commission authorizes the Attorney General to do so. The Commission shall inform the Attorney General of the exercise of such authority, 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 law. (b) Certification of compliance Not later than March 31 of each calendar year, each covered platform shall submit to the Commission a certification of compliance that includes— (1) a sworn statement certified under penalty of perjury by a compliance officer of the entity that— (A) the covered platform is in compliance with the requirements of this Act; or (B) identifies with specificity any provision with which the covered platform is not in full compliance and describes the steps being taken to achieve compliance; and (2) monthly active user data for each month of the preceding calendar year, calculated as described in section 2(6)(B), disaggregated by general search engine and AI search. (c) Optional certification of non-Coverage Any entity that offers a general search engine, AI search, or search ads in the United States may submit to the Commission, not later than March 31 of each calendar year, a certification of non-coverage with this Act that includes— (1) monthly active user data for each month of the preceding calendar year, calculated as described in section 2(6)(B), or if the entity is unable to measure monthly active users directly, 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 12-month period; and (2) a sworn statement that the entity is not a covered platform, certified under penalty of perjury by a senior officer of the entity, attesting to the accuracy and completeness of the data submitted. (d) Confidentiality Certifications and supporting data submitted under this section shall be treated as confidential commercial information. (e) Compliance officers Each covered platform shall appoint an internal compliance officer who shall certify annual compliance with this Act. (f) Penalties Any covered platform found to violate this Act shall be subject to a civil penalty of not more than 15 percent of United States annual revenue of the covered platform. (g) Internal antitrust, anti-Spoliation, and compliance education (1) Training required A covered platform shall annually provide not less than 10 hours of in-person training on antitrust laws, legal obligations to preserve evidence in anticipation of litigation, and compliance with this Act, in consultation with the Commission, to— (A) all chief-level executives; (B) any employee who is serving or has served as the covered platform's general counsel or president of global affairs; (C) all employees in the covered platform's legal department; and (D) all employees subject to a litigation hold in any proceeding to enforce or challenge this Act. (2) Penalty for failure to complete Any employee required to complete the training described in paragraph (1) who fails to complete such training shall be personally subject to a civil penalty of not more than 10 percent of their total annual compensation, including salary and stock awards or options.