SEC. 4. Duties of the Commission.

(bb) the last day on which a bill containing the best practices could have been enacted under the expedited procedures under subsection (c).

(ii) UPDATED BEST PRACTICES.—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— (I) the deadline described in paragraph (5); or

(bb) the last day on which a bill containing the best practices could have been enacted under the expedited procedures under subsection (c).

(i) INITIAL BEST PRACTICES.—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— (I) the deadline described in paragraph (1)(A) of this subsection; or

(B) APPLICABLE DEADLINE.— (i) INITIAL BEST PRACTICES.—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— (I) the deadline described in paragraph (1)(A) of this subsection; or (II) the date that is 60 days after, as applicable— (aa) the date of the denial; or (bb) the last day on which a bill containing the best practices could have been enacted under the expedited procedures under subsection (c).

(A) IN GENERAL.—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.

(6) RESUBMISSION AFTER DENIAL OR FAILURE TO APPROVE.— (A) IN GENERAL.—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.

(5) PERIODIC UPDATES.—Not less frequently than once every 5 years, the Commission shall update and resubmit to the Attorney General recommended best practices under paragraph (1).

(2) SUPPORT REQUIREMENT.—The Commission may only recommend the best practices under paragraph (1) if not fewer than 14 members of the Commission support the best practices.

(ii) SCOPE.—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.

(III) 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.

(cc) provides the capability to transmit data to and receive data from all or substantially all internet endpoints on behalf of a consumer; and

(i) ALTERNATIVE BEST PRACTICES.—The best practices required to be developed and submitted under subparagraph (A) shall include alternatives that take into consideration— (I) the size, type of product, and business model of a provider of an interactive computer service;

(B) REQUIREMENTS.— (i) ALTERNATIVE BEST PRACTICES.—The best practices required to be developed and submitted under subparagraph (A) shall include alternatives that take into consideration— (I) the size, type of product, and business model of a provider of an interactive computer service; (II) whether an interactive computer service— (aa) is made available to the public; (bb) is primarily responsible for the transmission and storage of information on behalf of other interactive computer services; or

(A) IN GENERAL.—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.

(1) INITIAL RECOMMENDATIONS.— (A) IN GENERAL.—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.

(a) Recommended best practices.— (1) INITIAL RECOMMENDATIONS.— (A) IN GENERAL.—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. (B) REQUIREMENTS.— (i) ALTERNATIVE BEST PRACTICES.—The best practices required to be developed and submitted under subparagraph (A) shall include alternatives that take into consideration— (I) the size, type of product, and business model of a provider of an interactive computer service; (II) whether an interactive computer service— (aa) is made available to the public; (bb) is primarily responsible for the transmission and storage of information on behalf of other interactive computer services; or (cc) provides the capability to transmit data to and receive data from all or substantially all internet endpoints on behalf of a consumer; and

(3) WRITTEN FINDINGS.—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.

(2) CONSIDERATIONS.—In determining whether to approve or deny recommended best practices under paragraph (1), the Attorney General shall consider— (A) the purpose of the Commission, as set forth in section 3(b); and

(II) the Committee on the Judiciary and the Committee on Energy and Commerce of the House of Representatives.

(I) the Committee on the Judiciary and the Committee on Commerce, Science, and Transportation of the Senate; and

(ii) submit the recommended best practices to Congress, including to— (I) the Committee on the Judiciary and the Committee on Commerce, Science, and Transportation of the Senate; and

(i) publish the recommended best practices on the website of the Department of Justice and in the Federal Register; and

(B) if approved— (i) publish the recommended best practices on the website of the Department of Justice and in the Federal Register; and

(1) IN GENERAL.—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— (A) approve or deny the recommended best practices; and

(b) Publication of best practices.— (1) IN GENERAL.—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— (A) approve or deny the recommended best practices; and (B) if approved— (i) publish the recommended best practices on the website of the Department of Justice and in the Federal Register; and (ii) submit the recommended best practices to Congress, including to— (I) the Committee on the Judiciary and the Committee on Commerce, Science, and Transportation of the Senate; and (II) the Committee on the Judiciary and the Committee on Energy and Commerce of the House of Representatives.

(c) Congressional approval.— (1) DEFINITION.—In this subsection, the term “covered bill” means a bill that— (A) contains only the recommended best practices that have been submitted to Congress under subsection (b), in their entirety; and (B) is introduced under paragraph (3) of this subsection.

(2) RULES OF HOUSE OF REPRESENTATIVES AND SENATE.—This subsection is enacted by Congress— (A) 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

(B) 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.

(3) INTRODUCTION.— (A) IN GENERAL.—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— (i) in the Senate by— (I) the majority leader of the Senate, for himself or herself and the minority leader of the Senate; or (II) Members of the Senate designated by the majority leader and minority leader of the Senate; and

(ii) in the House of Representatives by— (I) 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

(II) Members of the House of Representatives designated by the majority leader and minority leader of the House of the House of Representatives.

(B) NOT IN SESSION.—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.

(C) REFERRAL.—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.

(4) FAST TRACK CONSIDERATION IN HOUSE OF REPRESENTATIVES.— (A) REPORTING AND DISCHARGE.—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.

(B) PROCEEDING TO CONSIDERATION.—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.

(C) CONSIDERATION.—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.

(5) FAST TRACK CONSIDERATION IN SENATE.— (A) REPORTING AND DISCHARGE.—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.

(B) PLACEMENT ON 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.

(C) FLOOR CONSIDERATION.— (i) IN GENERAL.—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.

(ii) DEBATE.—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.

(iii) VOTE ON PASSAGE.—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.

(iv) RULINGS OF THE CHAIR ON PROCEDURE.—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.

(6) RULES RELATING TO SENATE AND HOUSE OF REPRESENTATIVES.— (A) COORDINATION WITH ACTION BY OTHER HOUSE.—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: (i) The covered bill of the other House shall not be referred to a committee. (ii) With respect to a covered bill of the House receiving the bill— (I) the procedure in that House shall be the same as if no covered bill had been received from the other House; but (II) the vote on passage shall be on the covered bill of the other House.

(B) TREATMENT OF COVERED BILL OF 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.

(C) TREATMENT OF COMPANION MEASURES.—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.