[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 2381 Introduced in Senate (IS)]
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119th CONGRESS
1st Session
S. 2381
To require the Director of the National Institute of Standards and
Technology to develop a framework for detecting, removing, and
reporting child pornography in datasets used to train artificial
intelligence systems, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
July 22, 2025
Mr. Cornyn (for himself and Mr. Kim) introduced the following bill;
which was read twice and referred to the Committee on Commerce,
Science, and Transportation
_______________________________________________________________________
A BILL
To require the Director of the National Institute of Standards and
Technology to develop a framework for detecting, removing, and
reporting child pornography in datasets used to train artificial
intelligence systems, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Preventing Recurring Online Abuse of
Children Through Intentional Vetting of Artificial Intelligence Data
Act of 2025'' or the ``PROACTIV Artificial Intelligence Data Act of
2025''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Artificial intelligence.--The 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).
(2) Artificial intelligence developer.--The 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.
(3) Artificial intelligence deployer.--.The 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.
(4) Artificial intelligence user.--The term ``artificial
intelligence user'' means a person who uses an artificial
intelligence system for a purpose other than personal
noncommercial activity.
(5) Child pornography.--The term ``child pornography'' has
the meaning given that term in section 2256 of title 18, United
States Code.
(6) Covered dataset.--The 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.
(7) Data collector.--The 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.
(8) Director.--The term ``Director'' means the Director of
the National Institute of Standards and Technology.
SEC. 3. DEVELOPMENT OF FRAMEWORK ON DETECTING, REMOVING, AND REPORTING
CHILD PORNOGRAPHY IN CERTAIN DATASETS.
(a) In General.--Not later than 1 year after the date of the
enactment of this Act, the Director shall, in collaboration with such
other Federal agencies and public and private sector organizations as
the Director 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 pornography in covered
datasets.
(b) Contents.--The Director shall ensure that the framework
published under subsection (a) provides to artificial intelligence
developers and to data collectors guidelines, best practices,
methodologies, procedures, and processes--
(1) to detect any child pornography in covered datasets;
(2) to remove any child pornography from covered datasets;
and
(3) to regularly report to Federal, State, or local law
enforcement and the National Center for Missing and Exploited
Children any child pornography detected in covered datasets.
(c) Limitation.--The framework published under subsection (a) shall
apply to persons who are artificial intelligence developers and to data
collectors, and not to persons who are solely artificial intelligence
deployers or artificial intelligence users.
(d) Stakeholder Outreach.--In developing the framework issued under
subsection (a), the Director 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 Director considers
relevant;
(C) civil society and nonprofit organizations;
(D) artificial intelligence developers and
artificial intelligence deployers;
(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 Director
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) Research.--The Director of the National Science Foundation, in
coordination with the heads of other relevant Federal agencies, as
determined by such Director, shall support research into innovative
approaches to detecting, removing, and reporting child pornography from
covered datasets, including research conducted through the Directorate
for Technology, Innovation, and Partnerships.
SEC. 4. LIMITED LIABILITY FOR DETECTING, REMOVING, AND REPORTING CHILD
PORNOGRAPHY.
(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 developer or data collector, and such action shall be
promptly dismissed, for the detecting, removing, or reporting of child
pornography in covered datasets that is conducted in accordance with
the framework issued by the Director 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 pornography in covered datasets
if the artificial intelligence developer or data collector--
(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.
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