Sec. 4. Duties of the Commission
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Not later than 18 months after the date on which a majority of the members of the Commission required to be appointed under section 3(c)(1)(C) have been so appointed, the Commission shall develop and submit to the Attorney General recommended best practices that providers of interactive computer services may choose to engage in to prevent, reduce, and respond to the online sexual exploitation of children, including the enticement, grooming, sex trafficking, and sexual abuse of children and the proliferation of online child sexual abuse material. The best practices required to be developed and submitted under subparagraph
(A)shall include alternatives that take into consideration— the size, type of product, and business model of a provider of an interactive computer service; whether an interactive computer service— is made available to the public; is primarily responsible for the transmission and storage of information on behalf of other interactive computer services; or provides the capability to transmit data to and receive data from all or substantially all internet endpoints on behalf of a consumer; and whether a type of product, business model, product design, or other factors related to the provision of an interactive computer service could make a product or service susceptible to the use and facilitation of online child sexual exploitation. Notwithstanding paragraph (3), the alternatives described in clause
(i)of this subparagraph may exclude certain matters required to be addressed under paragraph (3), as the Commission determines appropriate based on the nature of particular products or services or other factors relevant to the purposes of this Act. The Commission may only recommend the best practices under paragraph
(1)if not fewer than 14 members of the Commission support the best practices. The matters addressed by the recommended best practices developed and submitted by the Commission under paragraph
(1)shall include— preventing, identifying, disrupting, and reporting child sexual exploitation; coordinating with non-profit organizations and other providers of interactive computer services to preserve, remove from view, and report child sexual exploitation; retaining child sexual exploitation content and related user identification and location data; receiving and triaging reports of child sexual exploitation by users of interactive computer services, including self-reporting; implementing a standard rating and categorization system to identify the type and severity of child sexual abuse material; training and supporting content moderators who review child sexual exploitation content for the purposes of preventing and disrupting online child sexual exploitation; preparing and issuing transparency reports, including disclosures in terms of service, relating to identifying, categorizing, and reporting child sexual exploitation and efforts to prevent and disrupt online child sexual exploitation; coordinating with voluntary initiatives offered among and to providers of interactive computer services relating to identifying, categorizing, and reporting child sexual exploitation; employing age rating and age gating systems to reduce child sexual exploitation; offering parental control products that enable customers to limit the types of websites, social media platforms, and internet content that are accessible to children; and contractual and operational practices to ensure third parties, contractors, and affiliates comply with the best practices. In developing best practices under paragraph (1), the Commission shall consider— the cost and technical limitations of implementing the best practices; the impact on competition, product and service quality, data security, and privacy; the impact on the ability of law enforcement agencies to investigate and prosecute child sexual exploitation and rescue victims; and the current state of technology. Not less frequently than once every 5 years, the Commission shall update and resubmit to the Attorney General recommended best practices under paragraph (1). If, with respect to recommended best practices submitted under paragraph (1), the best practices are denied under subsection (b)(1)(A) or a bill that contains the best practices is not enacted under the expedited procedures under subsection (c), the Commission may resubmit recommended best practices to the Attorney General until the applicable deadline. For purposes of subparagraph (A), in the case of resubmission of initial recommended best practices that were submitted under paragraph
(1)before any bill that contains best practices has been enacted under the expedited procedures under subsection (c), the applicable deadline is the later of— the deadline described in paragraph (1)(A) of this subsection; or the date that is 60 days after, as applicable— the date of the denial; or the last day on which a bill containing the best practices could have been enacted under the expedited procedures under subsection (c). For purposes of subparagraph (A), in the case of resubmission of updated recommended best practices that were submitted under paragraph
(1)in accordance with paragraph (5), the applicable deadline is the later of— the deadline described in paragraph (5); or the date that is 60 days after, as applicable— the date of the denial; or the last day on which a bill containing the best practices could have been enacted under the expedited procedures under subsection (c). Not later than 30 days after the date on which the Commission submits recommended best practices under subsection (a), including updated recommended best practices under paragraph
(5)of that subsection, the Attorney General, upon agreement with the Secretary of Homeland Security and the Chairman of the Federal Trade Commission, shall— approve or deny the recommended best practices; and if approved— publish the recommended best practices on the website of the Department of Justice and in the Federal Register; and submit the recommended best practices to Congress, including to— the Committee on the Judiciary and the Committee on Commerce, Science, and Transportation of the Senate; and the Committee on the Judiciary and the Committee on Energy and Commerce of the House of Representatives. In determining whether to approve or deny recommended best practices under paragraph (1), the Attorney General shall consider— the purpose of the Commission, as set forth in section 3(b); and the relevant considerations set forth in subsection (a)(4) of this section. Any denial of the recommended best practices by the Attorney General under paragraph
(1)shall be accompanied by public written findings setting forth the basis for, and reasons supporting, the denial. In this subsection, the term covered bill means a bill that— contains only the recommended best practices that have been submitted to Congress under subsection (b), in their entirety; and is introduced under paragraph
(3)of this subsection. This subsection is enacted by Congress— as an exercise of the rulemaking power of the Senate and the House of Representatives, respectively, and as such is deemed a part of the rules of each House, respectively, but applicable only with respect to the procedure to be followed in that House in the case of a covered bill, and it supersedes other rules only to the extent that it is inconsistent with such rules; and with full recognition of the constitutional right of either House to change the rules (so far as relating to the procedure of that House) in the same manner, and to the same extent, as in the case of any other rule of that House. On the day on which recommended best practices are submitted to Congress under subsection (b), a covered bill containing those best practices shall be introduced— in the Senate by— the majority leader of the Senate, for himself or herself and the minority leader of the Senate; or Members of the Senate designated by the majority leader and minority leader of the Senate; and in the House of Representatives by— the majority leader of the House of Representatives, for himself or herself and the minority leader of the House of the House of Representatives; or Members of the House of Representatives designated by the majority leader and minority leader of the House of the House of Representatives. If either House is not in session on the day on which recommended best practices are submitted to Congress under subsection (b), a covered bill containing the best practices shall be introduced in that House, as provided in subparagraph (A), on the first day thereafter on which that House is in session. A covered bill introduced under this paragraph shall be referred by the Presiding Officers of the respective Houses to the appropriate committee, or, in the case of a bill containing provisions within the jurisdiction of 2 or more committees, jointly to such committees for consideration of those provisions within their respective jurisdictions. Any committee of the House of Representatives to which a covered bill is referred shall report it to the House not later than 45 calendar days after the date of introduction under paragraph (3). If a committee fails to report the covered bill within that period, the committee shall be discharged from further consideration of the covered bill and the covered bill shall be referred to the appropriate calendar. After each committee authorized to consider a covered bill reports it to the House or has been discharged from its consideration, it shall be in order, not later than 60 calendar days after the date of introduction under paragraph (3), to move to proceed to consider the covered bill in the House. All points of order against the motion are waived. Such a motion shall not be in order after the House has disposed of a motion to proceed on the covered bill. The previous question shall be considered as ordered on the motion to its adoption without intervening motion. The motion shall not be debatable. A motion to reconsider the vote by which the motion is disposed of shall not be in order. The covered bill shall be considered as read. All points of order against the covered bill and against its consideration are waived. The previous question shall be considered as ordered on the covered bill to its passage without intervening motion except 10 hours of debate equally divided and controlled by the proponent and an opponent. A motion to reconsider the vote on passage of the covered bill shall not be in order. Any committee of the Senate to which a covered bill is referred shall report it to the Senate not later than 45 calendar days after the date of introduction under paragraph (3). If a committee fails to report the covered bill within that period, the committee shall be discharged from further consideration of the covered bill and the covered bill shall be referred to the appropriate calendar. After each committee authorized to consider a covered bill reports it to the Senate or has been discharged from its consideration, it shall be in order, not later than 60 calendar days after the date of introduction under paragraph
(3)of this subsection, to place the covered bill on the calendar. Notwithstanding Rule XXII of the Standing Rules of the Senate, it is in order at any time during the period beginning on the 60th day after the date on which the covered bill was introduced under paragraph
(3)and ending on the 65th day after the date on which the covered bill was introduced under that paragraph (even though a previous motion to the same effect has been disagreed to) to move to proceed to the consideration of the covered bill, and all points of order against the covered bill (and against consideration of the covered bill) are waived. The motion to proceed is not debatable. The motion is not subject to a motion to postpone. A motion to reconsider the vote by which the motion is agreed to or disagreed to shall not be in order. If a motion to proceed to the consideration of the covered bill is agreed to, the covered bill shall remain the unfinished business until disposed of. Debate on the covered bill, and on all debatable motions and appeals in connection therewith, shall be limited to not more than 10 hours, which shall be divided equally between the majority and minority leaders or their designees. A motion further to limit debate is in order and not debatable. An amendment to, or a motion to postpone, or a motion to proceed to the consideration of other business, or a motion to recommit the covered bill is not in order. The vote on passage shall occur immediately following the conclusion of the debate on a covered bill, and a single quorum call at the conclusion of the debate if requested in accordance with the rules of the Senate. Appeals from the decisions of the Chair relating to the application of the rules of the Senate, as the case may be, to the procedure relating to a covered bill shall be decided without debate. If, before the passage by one House of a covered bill of that House, that House receives from the other House a covered bill, then the following procedures shall apply: The covered bill of the other House shall not be referred to a committee. With respect to a covered bill of the House receiving the bill— the procedure in that House shall be the same as if no covered bill had been received from the other House; but the vote on passage shall be on the covered bill of the other House. If one House fails to introduce or consider a covered bill under this section, the covered bill of the other House shall be entitled to expedited floor procedures under this section. If, following passage of the covered bill in the Senate, the Senate then receives the companion measure from the House of Representatives, the companion measure shall not be debatable. Not later than 1 year after the date on which a bill that contains recommended best practices submitted to Congress under subsection
(b)is enacted under the expedited procedures under subsection (c), and annually thereafter, an officer of a provider of an interactive computer service may submit a written certification to the Attorney General stating that the provider— has conducted a thorough review of the implementation and operation of the best practices; and has a reasonable basis to conclude that review does not reveal any material non-compliance with the requirements of the best practices. The Attorney General shall maintain on the website of the Department of Justice a public list of each provider of an interactive computer service for which a certification has been submitted under subsection (d). Whenever the Attorney General has reason to believe that an officer of a provider of an interactive computer service has filed a false certification under subsection (d), the Attorney General may issue in writing, and cause to be served upon the provider, a civil investigative demand requiring the provider to— produce any documentary material relevant to such certification for inspection and copying; answer in writing written interrogatories with respect to such documentary material; give oral testimony concerning such documentary material; or furnish any combination of such material, answers, or testimony. If a civil investigative demand issued under subparagraph
(A)is an express demand for any product of discovery, the Attorney General shall— cause to be served, in any manner authorized under section 3733 of title 31, United States Code, a copy of the demand upon the person from whom the discovery was obtained; and notify the person to whom the demand is issued of the date on which the copy was served. Each civil investigative demand issued under paragraph
(1)shall— state the nature of the Attorney General’s belief that a false certification has been filed under subsection (d); if the demand is for production of documentary material— describe the class or classes of documentary material to be produced thereunder with such definiteness and certainty as to permit such material to be fairly identified; prescribe a return date or dates that will provide a reasonable period of time within which the material so demanded may be assembled and made available for inspection and copying; and identify the custodian to whom the material shall be made available; if the demand is for answers to written interrogatories— propound with definiteness and certainty the written interrogatories to be answered; prescribe a date or dates at which time answers to written interrogatories shall be submitted; and identify the custodian to whom the answers shall be submitted; and if the demand is for the giving of oral testimony— prescribe a date, time, and place at which oral testimony shall be commenced; and identify— an investigator who shall conduct the examination; and the custodian to whom the transcript of the examination shall be submitted. Any civil investigative demand issued under paragraph
(1)that is an express demand for any product of discovery shall not be returned or returnable until 20 days after a copy of the demand has been served upon the person from whom the discovery was obtained. Subject to subparagraph (B), subsections
(b)through
(l)of section 3733 of title 31, United States Code, shall apply with respect to a civil investigative demand issued under paragraph
(1)of this subsection in the same manner as those subsections apply to a civil investigative demand issued under subsection
(a)of such section 3733. For purposes of subparagraph (A), a reference in section 3733 of title 31, United States Code, to— a violation of a false claims law shall be deemed to be a reference to the filing of a false certification under subsection
(d)of this section; a false claims law investigation shall be deemed to be a reference to an inquiry into whether any person is or has been engaged in filing a false certification under subsection
(d)of this section; and a false claims law investigator shall be deemed to be a reference to— any attorney or investigator employed by the Department of Justice who is charged with the duty of enforcing or carrying into effect this section; or any officer or employee of the United States acting under the direction and supervision of an attorney or investigator described in subclause
(I)in connection with an inquiry into whether any person is or has been engaged in filing a false certification under subsection
(d)of this section.