How Is This Bill Enforced
Verbatim statutory text on the left; plain-language analysis and a per-section checklist on the right. Numbered markers cross-link to the matching checklist row.
This Act may be cited as the ''Preventing Recurring Online Abuse of Children Through Intentional Vetting of Artificial IntelligenceArtificial intelligenceThe term "artificial intelligence" has the meaning given that term in section 238(g) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Public Law 115–232; 10 U.S.C. note prec. 4061).Sec. 2(1) Data Act of 2025'' or the ''PROACTIV Artificial IntelligenceArtificial intelligenceThe term "artificial intelligence" has the meaning given that term in section 238(g) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Public Law 115–232; 10 U.S.C. note prec. 4061).Sec. 2(1) Data Act of 2025''.
Establishes the short title of the Act as the PROACTIV Artificial Intelligence Data Act of 2025. This section creates no compliance obligations.
(1) ARTIFICIAL INTELLIGENCEArtificial intelligenceThe term "artificial intelligence" has the meaning given that term in section 238(g) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Public Law 115–232; 10 U.S.C. note prec. 4061).Sec. 2(1).—The term ''artificial intelligenceArtificial intelligenceThe term "artificial intelligence" has the meaning given that term in section 238(g) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Public Law 115–232; 10 U.S.C. note prec. 4061).Sec. 2(1)'' has the meaning given that term in section 238(g) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Public Law 115–232; 10 U.S.C. note prec. 4061).
(2) ARTIFICIAL INTELLIGENCE DEVELOPERArtificial intelligence developerThe term "artificial intelligence developer" means a person who designs, codes, or produces an artificial intelligence system and makes such system commercially available, whether for profit or not.Sec. 2(2).—The term ''artificial intelligence developerArtificial intelligence developerThe term "artificial intelligence developer" means a person who designs, codes, or produces an artificial intelligence system and makes such system commercially available, whether for profit or not.Sec. 2(2)'' means a person who designs, codes, or produces an artificial intelligenceArtificial intelligenceThe term "artificial intelligence" has the meaning given that term in section 238(g) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Public Law 115–232; 10 U.S.C. note prec. 4061).Sec. 2(1) system and makes such system commercially available, whether for profit or not.
(3) ARTIFICIAL INTELLIGENCE DEPLOYERArtificial intelligence deployerThe term "artificial intelligence deployer" means a person who integrates an artificial intelligence system into the products or services of the person and makes those products or services commercially available, whether for profit or not.Sec. 2(3).—The term ''artificial intelligence deployerArtificial intelligence deployerThe term "artificial intelligence deployer" means a person who integrates an artificial intelligence system into the products or services of the person and makes those products or services commercially available, whether for profit or not.Sec. 2(3)'' means a person who integrates an artificial intelligenceArtificial intelligenceThe term "artificial intelligence" has the meaning given that term in section 238(g) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Public Law 115–232; 10 U.S.C. note prec. 4061).Sec. 2(1) system into the products or services of the person and makes those products or services commercially available, whether for profit or not.
(4) ARTIFICIAL INTELLIGENCE USERArtificial intelligence userThe term "artificial intelligence user" means a person who uses an artificial intelligence system for a purpose other than personal noncommercial activity.Sec. 2(4).—The term ''artificial intelligence userArtificial intelligence userThe term "artificial intelligence user" means a person who uses an artificial intelligence system for a purpose other than personal noncommercial activity.Sec. 2(4)'' means a person who uses an artificial intelligenceArtificial intelligenceThe term "artificial intelligence" has the meaning given that term in section 238(g) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Public Law 115–232; 10 U.S.C. note prec. 4061).Sec. 2(1) system for a purpose other than personal noncommercial activity.
(5) CHILD PORNOGRAPHYChild pornographyThe term "child pornography" has the meaning given that term in section 2256 of title 18, United States Code.Sec. 2(5).—The term ''child pornographyChild pornographyThe term "child pornography" has the meaning given that term in section 2256 of title 18, United States Code.Sec. 2(5)'' has the meaning given that term in section 2256 of title 18, United States Code.
(6) COVERED DATASETCovered datasetThe term "covered dataset" means a set of data that— (A) is collected for the purpose of training an artificial intelligence system; and (B) was created using automated data crawlers or data scraping tools, whether or not directed by a human operator.Sec. 2(6).—The term ''covered datasetCovered datasetThe term "covered dataset" means a set of data that— (A) is collected for the purpose of training an artificial intelligence system; and (B) was created using automated data crawlers or data scraping tools, whether or not directed by a human operator.Sec. 2(6)'' means a set of data that— (A) is collected for the purpose of training an artificial intelligenceArtificial intelligenceThe term "artificial intelligence" has the meaning given that term in section 238(g) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Public Law 115–232; 10 U.S.C. note prec. 4061).Sec. 2(1) system; and (B) was created using automated data crawlers or data scraping tools, whether or not directed by a human operator.
(7) DATA COLLECTORData collectorThe term "data collector" means any person who specializes in collecting, preparing, cleaning, labeling, transforming for algorithmic compatibility, and organizing large amounts of data for the purpose of training an artificial intelligence system.Sec. 2(7).—The term ''data collectorData collectorThe term "data collector" means any person who specializes in collecting, preparing, cleaning, labeling, transforming for algorithmic compatibility, and organizing large amounts of data for the purpose of training an artificial intelligence system.Sec. 2(7)'' means any person who specializes in collecting, preparing, cleaning, labeling, transforming for algorithmic compatibility, and organizing large amounts of data for the purpose of training an artificial intelligenceArtificial intelligenceThe term "artificial intelligence" has the meaning given that term in section 238(g) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Public Law 115–232; 10 U.S.C. note prec. 4061).Sec. 2(1) system.
(8) DIRECTORDirectorThe term "Director" means the Director of the National Institute of Standards and Technology.Sec. 2(8).—The term ''DirectorDirectorThe term "Director" means the Director of the National Institute of Standards and Technology.Sec. 2(8)'' means the Director of the National Institute of Standards and Technology.
Defines the key terms used throughout the Act. The bill covers artificial intelligence developers and data collectors as the primary regulated parties. The framework explicitly does not apply to persons who are solely artificial intelligence deployers or artificial intelligence users. The scope is further limited by the definition of covered dataset, which requires that the data was both collected for AI training purposes and created using automated data crawlers or scraping tools.
(a) 1 IN GENERAL.—Not later than 1 year after the date of the enactment of this Act, the DirectorDirectorThe term "Director" means the Director of the National Institute of Standards and Technology.Sec. 2(8) shall, in collaboration with such other Federal agencies and public and private sector organizations as the DirectorDirectorThe term "Director" means the Director of the National Institute of Standards and Technology.Sec. 2(8) considers appropriate, including the National Science Foundation, the National Center for Missing and Exploited Children, and the Department of Justice, develop and publish a voluntary framework for detecting, removing, and reporting child pornographyChild pornographyThe term "child pornography" has the meaning given that term in section 2256 of title 18, United States Code.Sec. 2(5) in covered datasetsCovered datasetThe term "covered dataset" means a set of data that— (A) is collected for the purpose of training an artificial intelligence system; and (B) was created using automated data crawlers or data scraping tools, whether or not directed by a human operator.Sec. 2(6).
(b) 1 CONTENTS.—The DirectorDirectorThe term "Director" means the Director of the National Institute of Standards and Technology.Sec. 2(8) shall ensure that the framework published under subsection (a) provides to artificial intelligence developersArtificial intelligence developerThe term "artificial intelligence developer" means a person who designs, codes, or produces an artificial intelligence system and makes such system commercially available, whether for profit or not.Sec. 2(2) and to data collectorsData collectorThe term "data collector" means any person who specializes in collecting, preparing, cleaning, labeling, transforming for algorithmic compatibility, and organizing large amounts of data for the purpose of training an artificial intelligence system.Sec. 2(7) guidelines, best practices, methodologies, procedures, and processes— (1) to detect any child pornographyChild pornographyThe term "child pornography" has the meaning given that term in section 2256 of title 18, United States Code.Sec. 2(5) in covered datasetsCovered datasetThe term "covered dataset" means a set of data that— (A) is collected for the purpose of training an artificial intelligence system; and (B) was created using automated data crawlers or data scraping tools, whether or not directed by a human operator.Sec. 2(6); (2) to remove any child pornographyChild pornographyThe term "child pornography" has the meaning given that term in section 2256 of title 18, United States Code.Sec. 2(5) from covered datasetsCovered datasetThe term "covered dataset" means a set of data that— (A) is collected for the purpose of training an artificial intelligence system; and (B) was created using automated data crawlers or data scraping tools, whether or not directed by a human operator.Sec. 2(6); and (3) to regularly report to Federal, State, or local law enforcement and the National Center for Missing and Exploited Children any child pornographyChild pornographyThe term "child pornography" has the meaning given that term in section 2256 of title 18, United States Code.Sec. 2(5) detected in covered datasetsCovered datasetThe term "covered dataset" means a set of data that— (A) is collected for the purpose of training an artificial intelligence system; and (B) was created using automated data crawlers or data scraping tools, whether or not directed by a human operator.Sec. 2(6).
(c) LIMITATION.—The framework published under subsection (a) shall apply to persons who are artificial intelligence developersArtificial intelligence developerThe term "artificial intelligence developer" means a person who designs, codes, or produces an artificial intelligence system and makes such system commercially available, whether for profit or not.Sec. 2(2) and to data collectorsData collectorThe term "data collector" means any person who specializes in collecting, preparing, cleaning, labeling, transforming for algorithmic compatibility, and organizing large amounts of data for the purpose of training an artificial intelligence system.Sec. 2(7), and not to persons who are solely artificial intelligence deployersArtificial intelligence deployerThe term "artificial intelligence deployer" means a person who integrates an artificial intelligence system into the products or services of the person and makes those products or services commercially available, whether for profit or not.Sec. 2(3) or artificial intelligence usersArtificial intelligence userThe term "artificial intelligence user" means a person who uses an artificial intelligence system for a purpose other than personal noncommercial activity.Sec. 2(4).
(d) 2 STAKEHOLDER OUTREACH.—In developing the framework issued under subsection (a), the DirectorDirectorThe term "Director" means the Director of the National Institute of Standards and Technology.Sec. 2(8) shall— (1) solicit input from— (A) institutions of higher education (as defined in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001)); (B) any Federal agency the DirectorDirectorThe term "Director" means the Director of the National Institute of Standards and Technology.Sec. 2(8) considers relevant; (C) civil society and nonprofit organizations; (D) artificial intelligence developersArtificial intelligence developerThe term "artificial intelligence developer" means a person who designs, codes, or produces an artificial intelligence system and makes such system commercially available, whether for profit or not.Sec. 2(2) and artificial intelligence deployersArtificial intelligence deployerThe term "artificial intelligence deployer" means a person who integrates an artificial intelligence system into the products or services of the person and makes those products or services commercially available, whether for profit or not.Sec. 2(3); (E) Federal laboratories (as defined in section 4 of the Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 3703)); and (F) any other such stakeholder the DirectorDirectorThe term "Director" means the Director of the National Institute of Standards and Technology.Sec. 2(8) considers appropriate; and (2) provide an opportunity for public comment on the guidelines, best practices, methodologies, procedures, and processes developed as part of the framework.
(e) 3 RESEARCH.—The Director of the National Science Foundation, in coordination with the heads of other relevant Federal agencies, as determined by such DirectorDirectorThe term "Director" means the Director of the National Institute of Standards and Technology.Sec. 2(8), shall support research into innovative approaches to detecting, removing, and reporting child pornographyChild pornographyThe term "child pornography" has the meaning given that term in section 2256 of title 18, United States Code.Sec. 2(5) from covered datasetsCovered datasetThe term "covered dataset" means a set of data that— (A) is collected for the purpose of training an artificial intelligence system; and (B) was created using automated data crawlers or data scraping tools, whether or not directed by a human operator.Sec. 2(6), including research conducted through the Directorate for Technology, Innovation, and Partnerships.
This is the operative core of the bill. It directs the NIST Director to develop and publish, within one year of enactment, a voluntary framework providing AI developers and data collectors with guidelines, best practices, methodologies, procedures, and processes for detecting, removing, and reporting child pornography in covered datasets. The framework must be developed in collaboration with NSF, NCMEC, DOJ, and other agencies and organizations. The scope is expressly limited to AI developers and data collectors — deployers and users are excluded.
The Director must solicit input from higher education institutions, federal agencies, civil society, AI developers and deployers, and federal laboratories, and must provide an opportunity for public comment. Separately, NSF is directed to support research into innovative CSAM detection and removal approaches, including through its Directorate for Technology, Innovation, and Partnerships.
(a) IN GENERAL.—Except as provided in subsection (b), no cause of action shall lie or be maintained in any court against an artificial intelligence developerArtificial intelligence developerThe term "artificial intelligence developer" means a person who designs, codes, or produces an artificial intelligence system and makes such system commercially available, whether for profit or not.Sec. 2(2) or data collectorData collectorThe term "data collector" means any person who specializes in collecting, preparing, cleaning, labeling, transforming for algorithmic compatibility, and organizing large amounts of data for the purpose of training an artificial intelligence system.Sec. 2(7), and such action shall be promptly dismissed, for the detecting, removing, or reporting of child pornographyChild pornographyThe term "child pornography" has the meaning given that term in section 2256 of title 18, United States Code.Sec. 2(5) in covered datasetsCovered datasetThe term "covered dataset" means a set of data that— (A) is collected for the purpose of training an artificial intelligence system; and (B) was created using automated data crawlers or data scraping tools, whether or not directed by a human operator.Sec. 2(6) that is conducted in accordance with the framework issued by the DirectorDirectorThe term "Director" means the Director of the National Institute of Standards and Technology.Sec. 2(8) under section 3(a).
(b) INTENTIONAL, RECKLESS, GROSSLY NEGLIGENT, OR OTHER MISCONDUCT.—Subsection (a) shall not apply to a cause of action for detecting, removing, or reporting child pornographyChild pornographyThe term "child pornography" has the meaning given that term in section 2256 of title 18, United States Code.Sec. 2(5) in covered datasetsCovered datasetThe term "covered dataset" means a set of data that— (A) is collected for the purpose of training an artificial intelligence system; and (B) was created using automated data crawlers or data scraping tools, whether or not directed by a human operator.Sec. 2(6) if the artificial intelligence developerArtificial intelligence developerThe term "artificial intelligence developer" means a person who designs, codes, or produces an artificial intelligence system and makes such system commercially available, whether for profit or not.Sec. 2(2) or data collectorData collectorThe term "data collector" means any person who specializes in collecting, preparing, cleaning, labeling, transforming for algorithmic compatibility, and organizing large amounts of data for the purpose of training an artificial intelligence system.Sec. 2(7)— (1) engaged in intentional misconduct; (2) acted, or failed to act— (A) with actual malice; (B) with reckless disregard to a substantial risk of causing injury without legal justification; or (C) with gross negligence; or (3) engaged in any activity that violates section 2251 of title 18, United States Code.
(c) RULE OF CONSTRUCTION.—Nothing in this Act shall be construed to affect the protections and obligations of section 2258A of title 18, United States Code.
Creates a limited liability safe harbor for AI developers and data collectors who conduct CSAM detection, removal, and reporting in accordance with the NIST framework published under Section 3. No cause of action may lie or be maintained against such parties when their CSAM screening activities conform to the framework. The safe harbor does not apply where the entity engaged in intentional misconduct, acted with actual malice, reckless disregard, or gross negligence, or violated 18 U.S.C. § 2251 (sexual exploitation of children). A savings clause preserves existing obligations under 18 U.S.C. § 2258A (mandatory CSAM reporting by electronic service providers).