,,ii #aagth ,,congress #b;d ,session ,s4 #cffc ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,february #af1 #bjbb ,mr4 ,blumenthal 7for himself and ,mrs4 ,blackburn7 introduced the following bill2 which was read twice and referred to the ,committee on ,commerce1 ,science1 and ,transportation ,a ,,bill ,to protect the safety of children on the internet4 #a4 ,short title2 table of contents 7a7 ,short title ,this ,act may be cited as the ,kids ,online ,safety ,act4 7b7 ,table of contents ,the table of contents for this ,act is as follows3 ,sec4 #a4 ,short title2 table of contents4 ,sec4 #b4 ,definitions4 ,sec4 #c4 ,duty of care4 ,sec4 #d4 ,safeguards for minors4 ,sec4 #e4 ,disclosure4 ,sec4 #f4 ,transparency4 ,sec4 #g4 ,independent research4 ,sec4 #h4 ,market research4 ,sec4 #i4 ,age verification study and report4 ,sec4 #aj4 ,enforcement4 ,sec4 #aa4 ,kids ,online ,safety ,council4 ,sec4 #ab4 ,authorization of appropriations4 ,sec4 #ac4 ,effective date4 ,sec4 #ad4 ,severability4 #b4 ,definitions ,in this ,act3 7#a7 ,algorithmic recommendation system ,the term algorithmic recommendation system means a fully or partially automated system used to suggest1 promote1 or rank information4 7#b7 ,covered platform ,the term covered platform means a commercial software application or electronic service that connects to the internet and that is used1 or is reasonably likely to be used1 by a minor4 7#c7 ,minor ,the term minor means an individual who is age #af or younger4 7#d7 ,parent ,the term parent includes a legal guardian or an individual with legal custody over a child4 7#e7 ,personal data ,the term personal data means information that identifies or is linked or reasonably linkable to an individual1 household1 or consumer device4 #c4 ,duty of care 7a7 ,best interests ,a covered platform has a duty to act in the best interests of a minor that uses the platform's products or services4 7b7 ,prevention of harm to minors ,in acting in the best interests of minors1 a covered platform has a duty to prevent and mitigate the heightened risks of physical1 emotional1 developmental1 or material harms to minors posed by materials on1 or engagement with1 the platform1 including-- 7#a7 promotion of self-harm1 suicide1 eating disorders1 substance abuse1 and other matters that pose a risk to physical and mental health of a minor2 7#b7 patterns of use that indicate or encourage addiction-like behaviors2 7#c7 physical harm1 online bullying1 and harassment of a minor2 7#d7 sexual exploitation1 including enticement1 grooming1 sex trafficking1 and sexual abuse of minors and trafficking of online child sexual abuse material2 7#e7 promotion and marketing of products or services that are unlawful for minors1 such as illegal drugs1 tobacco1 gambling1 or alcohol2 and 7#f7 predatory1 unfair1 or deceptive marketing practices4 #d4 ,safeguards for minors 7a7 ,safeguards for minors 7#a7 ,in general ,a covered platform shall provide a minor1 or a parent acting on a minor's behalf1 with readily accessible and easy-to-use safeguards to control their experience and personal data on the covered platform1 including settings to-- 7,a7 limit the ability of other individuals to contact or find a minor1 in particular adults with no relationship to the minor2 7,b7 prevent other individuals from viewing the minor's personal data collected by or shared on the covered platform1 in particular restricting public access to personal data2 7,c7 limit features that increase1 sustain1 or extend use of the covered platform by a minor1 such as automatic playing of media1 rewards for time spent on the platform1 and notifications2 7,d7 opt out of algorithmic recommendation systems that use a minor's personal data2 7,e7 delete the minor's account and request removal of personal data2 7,f7 restrict the sharing of the geolocation of a minor and to provide notice regarding the tracking of a minor's geolocation2 and 7,g7 limit time spent by a minor on the covered platform4 7#b7 ,default safeguard settings for minors ,a covered platform shall provide that1 in the case of a user that the platform knows or reasonably believes to be a minor1 the default setting for any safeguard described under paragraph 7#a7 shall be the strongest option available4 7#c7 ,accessibility for minors ,with respect to safeguards described under paragraph 7#a71 a covered platform shall provide information and control options in a manner that is age appropriate and does not encourage minors to weaken or turn off safeguards4 7b7 ,parental tools 7#a7 ,parental tools ,a covered platform shall provide readily accessible and easy-to-use parental tools for parents to appropriately supervise the use of the covered platform by a minor4 7#b7 ,requirements ,the parental tools provided by a covered platform shall include-- 7,a7 the ability to control privacy and account settings1 including the safeguards established under subsection 7a77#a72 7,b7 the ability to restrict purchases and financial transactions by a minor2 7,c7 the ability to track total time spent on the platform2 7,d7 a clear and conspicuous mechanism for parents to opt out of or turn off any default parental tools put in place by the covered platform2 and 7,e7 access to other information regarding a minor's use of a covered platform and control options necessary to a parent's ability to address the harms described in section #c7;b74 7#c7 ,notice to minors ,a covered platform shall provide clear and conspicuous notice to a minor when parental tools are in effect4 7#d7 ,default parental tools ,a covered platform shall provide that1 in the case of a user that the platform knows or reasonably believes to be a minor1 parental tools shall be enabled by default4 7c7 ,reporting mechanism 7#a7 ,parental reports ,a covered platform shall provide minors and parents with-- 7,a7 a readily accessible and easy-to-use means to submit reports of harms to a minor1 including harms described in section #c7;b72 7,b7 an electronic point of contact specific to matters involving harms to a minor2 and 7,c7 confirmation of the receipt of such a report and a means to track a submitted report4 7#b7 ,timing ,a covered platform shall establish an internal process to receive and respond to reports in a reasonable and timely manner4 7d7 ,illegal content ,a covered platform shall not facilitate the advertising of products or services to minors that are illegal to sell to minors based on applicable ,state or ,federal law4 #e4 ,disclosure 7a7 ,notice 7#a7 ,registration ,prior to registration1 use1 or purchase of a covered platform by a minor1 the platform shall provide clear1 accessible1 and easy-to-understand-- 7,a7 notice of the policies and practices of the covered platform with respect to personal data and safeguards for minors2 7,b7 information about how to access the safeguards and parental tools required under section #d2 and 7,c7 notice about whether the covered platform1 including any algorithmic recommendation systems used by the platform1 pose any heightened risks of harm to a minor1 including harms described in section #c7;b74 7#b7 ,parental notification ,for a minor1 or an individual that a covered platform reasonably believes is a minor1 a covered platform shall additionally provide the notice1 information1 and statement described in paragraph 7#a7 to a parent of the minor4 7#c7 ,acknowledgment ,after providing the notice1 information1 and statement described in paragraph 7#a71 but prior to initial use of the covered platform1 the covered platform shall obtain acknowledgment from a minor1 or a parent of the minor1 of the receipt of information related to the heightened risks of harm to minors referenced in the statement in paragraph 7#a77;,c74 7b7 ,algorithmic recommendation system ,a covered platform that uses an algorithmic recommendation system shall set out in its terms and conditions1 in a clear1 accessible1 and easy-to-understand manner-- 7#a7 an overview of how algorithmic recommendation systems are used by the covered platform to provide information to users of the platform who are minors1 including how such systems use personal data belonging to minors2 and 7#b7 options for minors or their parents to modify the results of the algorithmic recommendation system1 including the right to opt out or down-rank types or categories of recommendations4 7c7 ,advertising and marketing ,a covered platform that facilitates advertising aimed at minors shall provide clear1 accessible1 and easy-to-understand information and labels regarding-- 7#a7 the name of the product1 service1 or brand and the subject matter of an advertisement or marketing material2 7#b7 why the minor is being targeted for a particular advertisement or marketing material if the covered platform engages in targeted advertising1 including meaningful information about how the personal data of the minor was used to target the advertisement or marketing material2 and 7#c7 whether particular media displayed to a user is an advertisement or marketing material1 including disclosure of endorsements of products1 services1 or brands made for commercial consideration by other users of the platform4 7d7 ,resources for parents and minors ,a covered platform shall provide to minors and parents clear1 accessible1 easy-to-understand1 and comprehensive information in a prominent location regarding-- 7#a7 its policies and practices with respect to personal data and safeguards for minors2 and 7#b7 how to access the safeguards and parental tools required under section #d4 #f4 ,transparency 7a7 ,audit of systemic risks to minors 7#a7 ,in general ,not less frequently than once a year1 a covered platform shall issue a public report identifying the foreseeable risks of harm to minors based on an independent1 third-party audit conducted through reasonable inspection of the covered platform and describe the prevention and mitigation measures taken to address such risks4 7#b7 ,content 7,a7 ,transparency ,the public reports required of a covered platform under this section shall include-- 7i7 an assessment of whether the covered platform is reasonably likely to be accessed by minors2 7ii7 a description of the commercial interests of the covered platform in use by minors2 7iii7 an accounting of the number of individuals using the covered platform reasonably believed to be minors in the ,united ,states1 disaggregated by the age ranges of #j-e1 #f-i1 #aj-ab1 and #ac-af2 7iv7 an accounting of the time spent by the median and average minor in the ,united ,states on a daily1 weekly1 and monthly basis1 disaggregated by the age ranges of #j-e1 #f-i1 #aj-ab1 and #ac-af2 7v7 an accounting1 disaggregated by category of harm1 of-- 7,i7 the total number of reports of the dissemination of illegal or harmful content involving minors2 and 7,,ii7 the prevalence of content that is illegal or harmful to minors2 and 7vi7 a description of any material breaches of parental tools or assurances regarding minors1 unexpected use of the personal data of minors1 and other matters regarding non-compliance4 7,b7 ,systemic risks assessment ,the public reports required of a covered platform under this section shall include-- 7i7 an audit of the known and emerging risks to minors posed by the covered platform1 including the harms described in section #c7;b72 7ii7 an assessment of how algorithmic recommendation systems and targeted advertising systems can contribute to harms to minors2 7iii7 a description of whether and how the covered platform uses system design features to increase1 sustain1 or extend use of a product or service by a minor1 such as automatic playing of media1 rewards for time spent1 and notifications2 7iv7 a description of whether1 how1 and for what purpose the platform collects or processes geolocation1 contact information1 health data1 or other categories of personal data of heightened concern regarding minors1 as determined by the ,commission2 7v7 an evaluation of the efficacy and any issues in delivering safeguards to minors under section #d2 and 7vi7 an evaluation of any other relevant matters of public concern over risks to minors4 7,c7 ,mitigation ,the public reports required of a covered platform under this section shall include-- 7i7 a description of the safeguards and parental tools available to minors and parents on the covered platform2 7ii7 a description of interventions by the covered platform when it had or has reason to believe that harm could occur to minors2 7iii7 a description of the prevention and mitigation measures intended to be taken in response to the known and emerging risks identified in its audit of system risks1 including steps taken to-- 7,i7 adapt or remove system design features that expose minors to risks2 7,,ii7 set safeguards to their most safe settings by default2 7,,iii7 prevent the presence of illegal and illicit content on the covered platform2 and 7,,iv7 adapt algorithmic recommendation system to prioritize the best interests of users who are minors2 7iv7 a description of internal processes for handling reports and automated detection mechanisms for harms to minors1 including the rate1 timeliness1 and effectiveness of responses under the requirement of section #d7;c72 7v7 the status of implementing prevention and mitigation measures identified in prior assessments2 and 7vi7 a description of the additional measures to be taken by the covered platform to address the circumvention of safeguards and parental tools4 7#c7 ,reasonable inspection ,in conducting an inspection of the systemic risks of harm to minors1 a covered platform shall-- 7,a7 take into consideration the function of algorithmic recommendation systems2 7,b7 consult parents1 experts1 and civil society with respect to the prevention of harms to minors2 7,c7 conduct research based on experiences of minors that use the covered platform1 including harms reported under section #d7;c72 7,d7 take account of research1 including research regarding system design features1 marketing1 or product integrity1 industry best practices1 or outside research2 and 7,e7 consider indicia or inferences of age of users1 in addition to any self-declared information about the age of individuals4 7#d7 ,privacy safeguards ,in issuing the public reports required under this section1 a covered platform shall take steps to safeguard the privacy of its users1 including ensuring that data is presented in a de-anonymized1 aggregated format4 #g4 ,independent research 7a7 ,definitions ,in this section3 7#a7 ,assistant ,secretary ,the term ,assistant ,secretary means the ,assistant ,secretary of ,commerce for ,communications and ,information4 7#b7 ,eligible researcher ,the term eligible researcher means an individual or group of individuals affiliated with or employed by-- 7,a7 an institution of higher education 7as defined in section #aja of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajja772 or 7,b7 a nonprofit organization1 including any organization described in section #eja7;c7 of the ,internal ,revenue ,code of #aihf4 7#c7 ,program ,the term ,program means the program established under subsection 7b77#a74 7#d7 ,public interest research ,the term public interest research means the scientific or historical analysis of information that is performed for the primary purpose of advancing a broadly recognized public interest4 7#e7 ,qualified researcher ,the term qualified researcher means an eligible researcher who is approved by the ,assistant ,secretary to conduct public interest research regarding harms to minors under the ,program4 7b7 ,access to data on harms to minors 7#a7 ,establishment ,the ,assistant ,secretary shall establish a program under which an eligible researcher may apply for1 and a covered platform shall provide1 access to data assets from the covered platform for the sole purpose of conducting public interest research regarding harms to the safety and well-being of minors1 including matters described in section #c7;b74 7#b7 ,application requirements ,in order to be approved to access data assets from a covered platform1 an eligible researcher shall1 in the application submitted under paragraph 7#a7-- 7,a7 conduct the research for noncommercial purposes2 7,b7 demonstrate a proven record of expertise on the proposed research topic and related research methodologies2 and 7,c7 commit to fulfill1 and demonstrate a capacity to fulfill1 the specific data security and confidentiality requirements corresponding to the application4 7#c7 ,duties and rights of covered platforms 7,a7 ,access to data assets 7i7 ,in general ,if the ,assistant ,secretary approves an application under paragraph 7#a7 with respect to a covered platform1 the covered platform shall1 in a timely manner1 provide the qualified researcher with access to data assets necessary to conduct public interest research described in that paragraph4 7ii7 ,form of access ,a covered platform shall provide to a qualified researcher access to data assets under clause 7i7 through online databases1 application programming interfaces1 and data files as appropriate for the qualified researcher to undertake public interest research4 7,b7 ,nondisclosure agreement ,a covered platform may require1 as a condition of access to the data assets of the covered platform1 that a qualified researcher enter into a nondisclosure agreement regarding the release of data assets1 provided that-- 7i7 the agreement does not restrict the publication of the qualified researcher's findings2 and 7ii7 the terms of the agreement allow the qualified researcher to provide the original agreement or a copy of the agreement to the ,assistant ,secretary4 7,c7 ,appeal ,a covered platform may appeal the granting of an application under paragraph 7#a7 on the grounds that1 and the ,assistant ,secretary shall grant such appeal if-- 7i7 the covered platform does not have access to the requested data assets2 or 7ii7 providing access to the data assets will lead to significant vulnerabilities in the security of the covered platform's service4 7#d7 ,processes1 procedures1 and standards ,not later than #a year after the date of enactment of this ,act1 the ,assistant ,secretary shall establish-- 7,a7 7i7 a process by which an eligible researcher may submit an application described in paragraph 7#a72 and 7ii7 an appeals process for eligible researchers to appeal adverse decisions on applications described in paragraph 7#a7 7including a decision to grant an appeal under paragraph 7#c77;,c772 7,b7 procedures for implementation of the ,program1 including methods for-- 7i7 participation by covered platforms2 and 7ii7 verification by the ,assistant ,secretary of the credentials of eligible researchers2 7,c7 standards for privacy1 security1 and confidentiality required to participate in the ,program2 and 7,d7 standards for transparency regarding the operation and administration of the ,program4 7#e7 ,duty of confidentiality ,to protect user privacy1 a qualified researcher shall have a duty of confidentiality with respect to data assets provided by a covered platform1 which may be defined by the ,assistant ,secretary4 7#f7 ,federal agencies ,nothing in this subsection shall be construed to authorize a ,federal agency to seek access to the data of a covered platform through the ,program4 7c7 ,safe harbor for independent collection ,with respect to public interest research conducted regarding harms to minors1 including matters described in section #c7;b71 no cause of action related to terms of service violations undertaken while collecting data assets in the course of such research shall lie or be maintained in any court against the researcher conducting the research4 7d7 ,rulemaking ,the ,assistant ,secretary1 in consultation with the ,secretary of ,commerce and the ,director of the ,national ,institute of ,standards and ,technology1 shall promulgate rules in accordance with section #eec of title #e1 ,united ,states ,code1 as necessary to implement this section4 #h4 ,market research 7a7 ,market research by covered platforms ,the ,federal ,trade ,commission1 in coordination with the ,secretary of ,commerce1 shall establish guidelines for covered platforms seeking to conduct market- and product-focused research on minors or individuals it reasonably believes to be minors4 ,such guidelines shall include-- 7#a7 a standard consent form that provides minors and their parents a clear and easy-to-understand explanation of the scope and purpose of the research to be conducted1 and provides an opportunity for informed consent2 and 7#b7 recommendations for research practices for studies that may include minors1 disaggregated by the age ranges of #j-e1 #f-i1 #aj-ab1 #ac-ae1 and #af-ag4 7b7 ,guidelines ,the ,federal ,trade ,commission shall promulgate such guidelines not later than #ah months after the date of enactment of this ,act4 ,in doing so1 they shall seek input from members of the public and the representatives of the ,kids ,online ,safety ,council established under section #aa4 #i4 ,age verification study and report 7a7 ,study ,the ,director of the ,national ,institute of ,standards and ,technology1 in coordination with the ,federal ,communications ,commission1 ,federal ,trade ,commission1 and the ,secretary of ,commerce1 shall conduct a study evaluating the most technologically feasible options for developing systems to verify age at the device or operating system level4 7b7 ,contents ,such study shall consider-- 7#a7 the benefits of creating a device or operating system level age verification system2 7#b7 what information may need to be collected to create this type of age verification system2 7#c7 the accuracy of such systems and their impact or steps to improve accessibility1 including for individuals with disabilities2 7#d7 how such a system or systems could verify age while mitigating risks to user privacy and data security and safeguarding minors' personal data2 and 7#e7 the technical feasibility1 including the need for potential hardware and software changes1 including for devices currently in commerce and owned by consumers4 7c7 ,report ,not later than #a year after the date of enactment of this ,act1 the agencies described in subsection 7a7 shall submit a report containing the results of the study conducted under such subsection to the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate and the ,committee on ,energy and ,commerce of the ,house of ,representatives4 #aj4 ,enforcement 7a7 ,enforcement by ,federal ,trade ,commission 7#a7 ,unfair and deceptive acts or practices ,a violation of this ,act or a regulation promulgated under this ,act by any person shall be treated as a violation of a rule defining an unfair or deceptive act or practice prescribed under section #ah7;a77#a77;,b7 of the ,federal ,trade ,commission ,act 7#ae ,u4,s4,c4 #eg;a7a77#a77;,b774 7#b7 ,powers of the ,commission 7,a7 ,in general ,except as provided in subparagraph 7,b7 and subsection 7b71 the ,federal ,trade ,commission 7referred to in this section as the ,commission7 shall enforce this ,act and any regulation promulgated under this ,act in the same manner1 by the same means1 and with the same jurisdiction1 powers1 and duties as though all applicable terms and provisions of the ,federal ,trade ,commission ,act 7#ae ,u4,s4,c4 #da et seq47 were incorporated into and made a part of this ,act4 7,b7 ,application to common carriers and nonprofit organizations ,notwithstanding section #d1 #e7;a77#b71 or #f of the ,federal ,trade ,commission ,act 7#ae ,u4,s4,c4 #dd1 #de7;a77#b71 #df7 or any jurisdictional limitation of the ,commission1 the ,commission shall also enforce this ,act and the regulations promulgated under this ,act1 in the manner provided under this subsection1 with respect to-- 7i7 common carriers subject to the ,communications ,act of #aicd 7#dg ,u4,s4,c4 #aea et seq47 and all ,acts amendatory thereof and supplementary thereto2 and 7ii7 organizations not organized to carry on business for their own profit or that of their members4 7,c7 ,privileges and immunities ,any person that violates this ,act or a regulation promulgated under this ,act shall be subject to the penalties1 and entitled to the privileges and immunities1 provided in the ,federal ,trade ,commission ,act 7#ae ,u4,s4,c4 #da et seq474 7#c7 ,regulations ,the ,commission may promulgate regulations under section #eec of title #e1 ,united ,states ,code1 to carry out sections #d1 #e1 and #f of this ,act4 7#d7 ,authority preserved ,nothing in this section shall be construed to limit the authority of the ,commission under any other provision of law4 7b7 ,enforcement by ,state attorneys general 7#a7 ,in general 7,a7 ,civil actions ,in any case in which the attorney general of a ,state has reason to believe that an interest of the residents of that ,state has been or is threatened or adversely affected by the engagement of any person in a practice that violates this ,act or a regulation promulgated under this ,act1 the ,state1 as parens patriae1 may bring a civil action on behalf of the residents of the ,state in a district court of the ,united ,states or a ,state court of appropriate jurisdiction to-- 7i7 enjoin that practice2 7ii7 enforce compliance with this ,act or such regulation2 7iii7 on behalf of residents of the ,state1 obtain damages1 statutory damages1 restitution1 or other compensation1 each of which shall be distributed in accordance with ,state law2 or 7iv7 obtain such other relief as the court may consider to be appropriate4 7,b7 ,notice 7i7 ,in general ,before filing an action under subparagraph 7,a71 the attorney general of the ,state involved shall provide to the ,commission-- 7,i7 written notice of that action2 and 7,,ii7 a copy of the complaint for that action4 7ii7 ,exemption 7,i7 ,in general ,clause 7i7 shall not apply with respect to the filing of an action by an attorney general of a ,state under this paragraph if the attorney general of the ,state determines that it is not feasible to provide the notice described in that clause before the filing of the action4 7,,ii7 ,notification ,in an action described in subclause 7,i71 the attorney general of a ,state shall provide notice and a copy of the complaint to the ,commission at the same time as the attorney general files the action4 7#b7 ,intervention 7,a7 ,in general ,on receiving notice under paragraph 7#a77;,b71 the ,commission shall have the right to intervene in the action that is the subject of the notice4 7,b7 ,effect of intervention ,if the ,commission intervenes in an action under paragraph 7#a71 it shall have the right-- 7i7 to be heard with respect to any matter that arises in that action2 and 7ii7 to file a petition for appeal4 7#c7 ,construction ,for purposes of bringing any civil action under paragraph 7#a71 nothing in this ,act shall be construed to prevent an attorney general of a ,state from exercising the powers conferred on the attorney general by the laws of that ,state to-- 7,a7 conduct investigations2 7,b7 administer oaths or affirmations2 or 7,c7 compel the attendance of witnesses or the production of documentary and other evidence4 7#d7 ,actions by the commission ,in any case in which an action is instituted by or on behalf of the ,commission for violation of this ,act or a regulation promulgated under this ,act1 no ,state may1 during the pendency of that action1 institute an action under paragraph 7#a7 against any defendant named in the complaint in the action instituted by or on behalf of the ,commission for that violation4 7#e7 ,venue2 service of process 7,a7 ,venue ,any action brought under paragraph 7#a7 may be brought in-- 7i7 the district court of the ,united ,states that meets applicable requirements relating to venue under section #acia of title #bh1 ,united ,states ,code2 or 7ii7 a ,state court of competent jurisdiction4 7,b7 ,service of process ,in an action brought under paragraph 7#a7 in a district court of the ,united ,states1 process may be served wherever defendant-- 7i7 is an inhabitant2 or 7ii7 may be found4 #aa4 ,kids ,online ,safety ,council 7a7 ,establishment ,not later than #a year after the date of enactment of this ,act1 the ,secretary of ,commerce shall establish and convene the ,kids ,online ,safety ,council for the purpose of providing advice on the implementation of this ,act4 7b7 ,participation ,the ,kids ,online ,safety ,council shall include participation from-- 7#a7 parents1 academic experts1 health professionals1 and members of civil society with respect to the prevention of harms to minors2 7#b7 youth representation2 7#c7 representatives of covered platforms2 7#d7 representatives of the ,national ,telecommunications and ,information ,administration1 the ,national ,institute of ,standards and ,technology1 the ,federal ,trade ,commission1 and the ,department of ,justice2 and 7#e7 ,state attorneys general or their representatives4 #ab4 ,authorization of appropriations ,there are authorized to be appropriated to the ,federal ,trade ,commission such sums as may be necessary to carry out this ,act4 #ac4 ,effective date ,except as otherwise provided in this ,act1 this ,act shall take effect on the date that is #ah months after the date of enactment of this ,act4 #ad4 ,severability ,if any provision of this ,act1 or an amendment made by this ,act1 is determined to be unenforceable or invalid1 the remaining provisions of this ,act and the amendments made by this ,act shall not be affected4