PROACTIV Artificial Intelligence Data Act of 2025

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).

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.

.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.

The term artificial intelligence user means a person who uses an artificial intelligence system for a purpose other than personal noncommercial activity.

The term child pornography has the meaning given that term in section 2256 of title 18, United States Code.

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.

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.

The term Director means the Director of the National Institute of Standards and Technology.

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.

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.

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.

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.

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.

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).

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.

Nothing in this Act shall be construed to affect the protections and obligations of section 2258A of title 18, United States Code.