,,ii #aagth ,,congress #ast ,session ,s4 #gig ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,march #ag 7legislative day1 ,march #af71 #bjba,mr4 ,schatz 7for himself and ,mr4 ,thune7 introduced the following bill2 which was read twice and referred to the ,committee on ,commerce1 ,science1 and ,transportation ,a ,,bill ,to require transparency1 accountability1 and protections for consumers online4 #a4 ,short title ,this ,act may be cited as the ,platform ,accountability and ,consumer ,transparency ,act or the ,,pact ,act4 #b4 ,definitions ,in this ,act3 7#a7 ,commission ,except as otherwise provided1 the term ,commission means the ,federal ,trade ,commission4 7#b7 ,demonetize ,the term demonetize1 with respect to content on an interactive computer service1 means to take action to prohibit the information content provider that generated or disseminated the content from receiving direct financial compensation from the interactive computer service provider based on the content4 7#c7 ,deprioritize ,the term deprioritize1 with respect to content on an interactive computer service1 means to take affirmative1 content-specific action to reduce the priority level of the content4 7#d7 ,illegal activity ,the term illegal activity means activity conducted by an information content provider that has been determined by a trial or appellate ,federal or ,state court to violate ,federal criminal or civil law4 7#e7 ,illegal content ,the term illegal content means information provided by an information content provider that has been determined by a trial or appellate ,federal or ,state court to violate-- 7,a7 ,federal criminal or civil law2 or 7,b7 ,state defamation law4 7#f7 ,individual provider ,the term individual provider means a provider of an interactive computer service that1 during the most recent #ab-month period-- 7,a7 received fewer than #ajj1jjj unique monthly visitors2 and 7,b7 accrued revenue of less than #a1jjj1jjj4 7#g7 ,information content provider ,the term information content provider has the meaning given the term in section #bcj of the ,communications ,act of #aicd 7#dg ,u4,s4,c4 #bcj74 7#h7 ,interactive computer service ,the term interactive computer service has the meaning given the term in section #bcj of the ,communications ,act of #aicd 7#dg ,u4,s4,c4 #bcj74 7#i7 ,potentially policy-violating content ,the term potentially policy-violating content means content that may violate the acceptable use policy of the provider of an interactive computer service4 7#aj7 ,small business provider ,the term small business provider means a provider of an interactive computer service that is not an individual provider and1 during the most recent #ab-month period-- 7,a7 received fewer than #a1jjj1jjj unique monthly visitors2 and 7,b7 accrued revenue of less than #ej1jjj1jjj4 #c4 ,findings ,congress finds the following3 7#a7 ,technological advancements involving the internet and interactive computer service providers have led to innovations that offer substantial benefit to the people and the economy of the ,united ,states4 7#b7 ,people in the ,united ,states increasingly rely on interactive computer services to communicate1 gather information1 and conduct transactions that are central to our economic1 political1 social1 and cultural life4 7#c7 ,the content moderation decisions made by providers of interactive computer services shape the online information ecosystem available to people in the ,united ,states and impact free expression4 7#d7 ,there is a compelling government interest in having providers of interactive computer services provide information to the public about their content moderation policies and practices because of the impact those policies may have on the speech interests of their consumers4 7#e7 ,the people of the ,united ,states benefit from transparent information about the decisions interactive computer service providers make regarding their content moderation practices1 including removing1 maintaining1 blocking1 amplifying1 prioritizing1 or deprioritizing information provided by other consumers4 7#f7 ,the ,federal ,government should hold interactive computer service providers accountable when they fail to respond to consumers' concerns about their content moderation decisions4 7#g7 ,federal and ,state court decisions and ,federal statutes and regulations that apply to offline commerce do not always govern online commerce and communications4 7#h7 ,the rights of consumers should extend to online commerce and communications to provide a level playing field for all consumers and companies1 and to prevent wrongdoing and victimization of people in the ,united ,states4 #d4 ,policy ,it is the policy of the ,united ,states-- 7#a7 to preserve the internet and other interactive computer services as forums for diversity of political discourse1 opportunities for cultural development1 and places for intellectual and commercial activity2 7#b7 to ensure consumers have accessible and clear information about the acceptable use policies of interactive computer service providers so that consumers are informed about the content moderation policies and practices of those providers when they participate in1 or engage with1 those services2 7#c7 to create accountability and transparency measures to diminish the likelihood that interactive computer service providers are engaging in unfair or deceptive practices2 7#d7 to encourage the development and use of technologies that minimize illegal activities and content and potentially policy-violating content2 7#e7 to ensure that the consumer rights of users of interactive computer services are maintained and extended to activities that the users may participate in online2 and 7#f7 to hold interactive computer service providers accountable1 and exempt them from immunity protections under section #bcj of the ,communications ,act of #aicd 7commonly known as section #bcj of the ,communications ,decency ,act of #aiif7 7#dg ,u4,s4,c4 #bcj71 when they help develop illegal content or contribute to illegal content or conduct online4 #e4 ,transparency and process requirements 7a7 ,acceptable use policy 7#a7 ,publication of acceptable use policy ,a provider of an interactive computer service shall publish an acceptable use policy in accordance with paragraph 7#b7 in a location that is easily accessible to the user4 7#b7 ,contents of policy ,the acceptable use policy of a provider of an interactive computer service shall-- 7,a7 reasonably inform users about the types of content that are allowed on the interactive computer service2 7,b7 explain the steps the provider takes to ensure content complies with the acceptable use policy2 7,c7 explain the means by which users can notify the provider of potentially policy-violating content1 illegal content1 or illegal activity1 which shall include-- 7i7 subject to subsection 7e71 making available a live company representative through a toll-free telephone number during regular business hours for not fewer than #h hours per day and #e days per week to assist users with the process of making a complaint2 7ii7 an email address or relevant intake mechanism to handle user complaints2 and 7iii7 subject to subsection 7e71 a complaint system described in subsection 7b72 and 7,d7 include publication of a biannual transparency report outlining actions taken to enforce the policy1 as described in subsection 7d74 7b7 ,complaint system ,subject to subsection 7e71 a provider of an interactive computer service shall provide a system that is easily accessible to a user through which the user may submit in good faith1 and track1 a complaint regarding any content or activity on the interactive computer service1 including a complaint regarding-- 7#a7 potentially policy-violating content1 illegal content1 or illegal activity2 or 7#b7 a decision of the interactive computer service provider to remove content posted by the information content provider4 7c7 ,processing of complaints 7#a7 ,complaints regarding illegal content1 illegal activity1 or potentially policy-violating content 7,a7 ,illegal content or illegal activity 7i7 ,in general ,subject to subsection 7e71 and except as provided in clause 7ii71 if a provider of an interactive computer service receives notice of illegal content or illegal activity on the interactive computer service that substantially complies with the requirements under paragraph 7#c77;,b77ii7 of section #bcj7;c7 of the ,communications ,act of #aicd 7#dg ,u4,s4,c4 #bcj7;c771 as added by section #f7;a71 the provider shall remove the content or stop the activity not later than #d days after receiving the notice1 subject to reasonable exceptions1 including concerns about the legitimacy of the notice4 7ii7 ,timeline for notice emanating from default judgments and stipulated agreements ,if a notice of illegal content or illegal activity described in clause 7i7 emanates from a default judgment or stipulated agreement1 that clause shall be applied by substituting #aj days for #d days4 7,b7 ,potentially policy-violating content ,subject to subsection 7e71 if a provider of an interactive computer service receives a complaint made in good faith through the complaint system of the provider established under subsection 7b7 regarding potentially policy-violating content on the interactive computer service1 the provider shall1 not later than #ad days after receiving the complaint-- 7i7 review the content2 7ii7 determine whether the content adheres to the acceptable use policy of the provider2 and 7iii7 initiate appropriate steps based on the determination made under clause 7ii71 subject to reasonable extensions in cases requiring extraordinary investigation4 7#b7 ,process after removal of content 7,a7 ,removal based on user complaint 7i7 ,in general ,subject to clause 7ii71 if a provider of an interactive computer service removes potentially policy-violating content based on a user complaint1 the provider of the interactive computer service shall1 concurrently with the removal-- 7,i7 notify the information content provider and the complainant of the removal and explain why the content was removed2 7,,ii7 allow the information content provider to appeal the decision2 and 7,,iii7 notify the information content provider and the complainant of-- 7aa7 the determination regarding the appeal under subclause 7,,ii72 and 7bb7 in the case of a reversal of the decision to remove the content in question1 the reason for the reversal4 7ii7 ,exceptions ,a provider of an interactive computer service shall not be required to provide an information content provider with notice or an opportunity to appeal under clause 7i7 if-- 7,i7 the provider of the interactive computer service is unable to contact the information content provider after taking reasonable steps to do so2 or 7,,ii7 7aa7 the provider of the interactive computer service reasonably believes that such notice would risk imminent harm to any person or impede law enforcement activities2 or 7bb7 a law enforcement agency1 based on a reasonable belief that such notice would interfere with an ongoing investigation1 requests that the provider of the interactive computer service not provide such notice4 7,b7 ,removal based on moderation decisions of interactive computer service provider ,if a provider of an interactive computer service receives notice1 through a complaint from the information content provider1 that the provider of the interactive computer service removed content of the information content provider that the information content provider believes does not violate the acceptable use policy of the provider of the interactive computer service1 the provider of the interactive computer service shall1 not later than #ad days after receiving notice-- 7i7 review the content2 7ii7 determine whether the content adheres to the acceptable use policy of the provider of the interactive computer service2 7iii7 take appropriate steps based on the determination made under clause 7ii72 and 7iv7 notify the information content provider regarding the determination made under clause 7ii7 and steps taken under clause 7iii74 7d7 ,biannual transparency report 7#a7 ,in general ,subject to subsection 7e71 as part of the acceptable use policy required under subsection 7a71 a provider of an interactive computer service shall publish a transparency report every #f months in accordance with this subsection4 7#b7 ,requirements ,a provider of an interactive computer service shall include in the transparency report required under paragraph 7#a7-- 7,a7 the total number of unique monthly visitors to the interactive computer service during the preceding #f-month and #ab-month periods2 7,b7 the number of instances during the preceding #f-month period in which illegal content1 illegal activity1 or potentially policy-violating content was flagged-- 7i7 due to a complaint by a user of the interactive computer service2 7ii7 internally1 by-- 7,i7 an employee or contractor of the provider2 or 7,,ii7 an internal automated detection tool1 not including content or activity identified as-- 7aa7 spam2 or 7bb7 fraudulent activity2 or 7iii7 by another type of entity1 such as a government agency1 third-party researcher1 or other provider of an interactive computer service2 7,c7 the number of instances during the preceding #f-month period in which the interactive computer service provider took action with respect to illegal content1 illegal activity1 or known potentially policy-violating content due to its nature as illegal content1 illegal activity1 or known potentially policy-violating content1 respectively1 and the type of action taken1 including the number of instances of content removal1 content demonetization1 content deprioritization1 appending content with an assessment1 account suspension1 account removal1 or any other action taken in accordance with the acceptable use policy of the provider1 categorized by-- 7i7 the category of rule violated1 with respect to the acceptable use policy2 7ii7 the source of the flag1 including government1 user1 internal automated detection tool1 coordination with other interactive computer service providers1 or personnel employed or contracted for by the provider2 7iii7 the country of the information content provider2 and 7iv7 whether the action was in response to a coordinated campaign1 as determined by the interactive computer service provider2 7,d7 the number of instances during the preceding #f-month period in which the interactive computer service provider decided to not take action under subsection 7c77#a77;,b77iii7 with respect to content that violated the acceptable use policy of the provider2 7,e7 7i7 the number of instances during the preceding #f-month period in which an information content provider appealed a decision to remove potentially policy-violating content2 and 7ii7 the percentage of appeals described in clause 7i7 that resulted in the restoration of content2 7,f7 a descriptive summary of the kinds of tools1 practices1 actions1 and techniques used during the preceding #f-month period in enforcing the acceptable use policy of the interactive computer service provider that does not jeopardize the effectiveness of these tools2 and 7,g7 any other information with respect to the preceding #f-month period that would enhance the effectiveness of the transparency report1 as determined by the interactive computer service provider4 7#c7 ,privacy ,an interactive computer service provider shall publish the transparency report under paragraph 7#a7 in a manner that preserves the privacy of information content providers4 7#d7 ,format ,a provider of an interactive computer service shall publish the information described in paragraph 7#b7 with an open license1 in a machine-readable and open format1 and in a location that is easily accessible to consumers4 7e7 ,individual and small business provider exemptions 7#a7 ,individual providers ,the following provisions shall not apply to an individual provider3 7,a7 ,clauses 7i7 and 7iii7 of subsection 7a77#b77;,c7 7relating to a live company representative and a complaint system1 respectively74 7,b7 ,subsection 7b7 7relating to a complaint system74 7,c7 ,paragraphs 7#a77;,b7 and 7#b7 of subsection 7c7 7relating to processing complaints regarding potentially policy-violating content and the process after removal of such content1 respectively74 7,d7 ,subsection 7d7 7relating to a transparency report74 7#b7 ,small business providers 7,a7 ,in general ,the following provisions shall not apply to a small business provider3 7i7 ,subsection 7a77#b77;,c77i7 7relating to a live company representative74 7ii7 ,subsection 7d7 7relating to a transparency report74 7,b7 ,deadline for processing complaints regarding potentially policy-violating content ,subsection 7c77#a77;,b7 shall be applied to a small business provider by substituting #ba days for #ad days4 7f7 ,internet infrastructure service exemption ,subsections 7a7 through 7e7 shall not apply to-- 7#a7 a provider of an interactive computer service that is used by another interactive computer service for the management1 control1 or operation of that other interactive computer service1 including for services such as web hosting1 domain registration1 content delivery networks1 caching1 security1 back-end data storage1 and cloud management2 or 7#b7 a provider of broadband internet access service1 as that term is defined in section #h4a7;b7 of title #dg1 ,code of ,federal ,regulations 7or any successor regulation74 7g7 ,enforcement by ,commission 7#a7 ,unfair or deceptive acts or practices 7,a7 ,in general ,a violation of subsection 7c77#a77;,b71 7c77#b71 or 7d7 shall be treated as a violation of a rule defining an unfair or deceptive act or practice under section #ah7;a77#a77;,b7 of the ,federal ,trade ,commission ,act 7#ae ,u4,s4,c4 #eg;a7a77#a77;,b774 7,b7 ,limitation on authority ,nothing in subparagraph 7,a7 shall be construed to supersede paragraph 7#a7 or 7#b7 of section #bcj7;c7 of the ,communications ,act of #aicd 7#dg ,u4,s4,c4 #bcj7;c77 or to otherwise authorize the ,commission to review any action or decision by a provider of an interactive computer service related to the application of the acceptable use policy of the provider4 7#b7 ,powers of ,commission 7,a7 ,in general ,except as provided in subparagraph 7,c71 the ,commission shall enforce this section 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 ,privileges and immunities ,except as provided in subparagraph 7,c71 any person who violates this section shall be subject to the penalties and entitled to the privileges and immunities provided in the ,federal ,trade ,commission ,act 7#ae ,u4,s4,c4 #da et seq474 7,c7 ,nonprofit organizations ,notwithstanding section #d of the ,federal ,trade ,commission ,act 7#ae ,u4,s4,c4 #dd7 or any jurisdictional limitation of the ,commission1 the ,commission shall also enforce this section1 in the same manner provided in subparagraphs 7,a7 and 7,b7 of this paragraph1 with respect to organizations not organized to carry on business for their own profit or that of their members4 7h7 ,no effect on other laws ,nothing in this section shall impair1 limit1 expand1 or otherwise affect the scope or application of-- 7#a7 rule #fe of the ,federal ,rules of ,civil ,procedure2 7#b7 section #afea of title #bh1 ,united ,states ,code 7commonly known as the ,all ,writs ,act72 or 7#c7 any law pertaining to intellectual property1 including-- 7,a7 title #ag1 ,united ,states ,code2 and 7,b7 the ,act entitled 8,an ,act to provide for the registration and protection of trademarks used in commerce1 to carry out the provisions of certain international conventions1 and for other purposes01 approved ,july #e1 #aidf 7commonly known as the ,trademark ,act of #aidf or the ,lanham ,act7 7#ae ,u4,s4,c4 #ajea et seq474 7i7 ,,gao report on whistleblower protection and awards ,not later than #a year after the date of enactment of this ,act1 the ,comptroller ,general of the ,united ,states shall submit a report to ,congress assessing the viability1 including the anticipated cost and benefit to consumers1 of establishing a whistleblower protection and award program for employees and contractors of interactive computer services1 to be administered by the ,commission1 that would enable reporting and enforcement of violations of consumer protections that take place online4 7j7 ,,nist voluntary framework 7#a7 ,in general ,not later than #ah months after the date of enactment of this ,act1 the ,director of the ,national ,institute of ,standards and ,technology shall develop a voluntary framework1 with input from relevant experts1 that consists of nonbinding standards1 guidelines1 and best practices to manage risk and shared challenges related to1 for the purposes of this ,act1 good faith moderation practices by interactive computer service providers4 7#b7 ,contents ,the framework developed under paragraph 7#a7 shall include-- 7,a7 technical standards and processes for the sharing of information among providers of an interactive computer service2 7,b7 recommendations on automated detection tools and the appropriate nature and level of human review to correct for machine error in assessing nuanced or context-specific issues2 7,c7 standards and processes for providing researchers access to data to conduct scientific1 historical1 statistical1 and other relevant research1 including with respect to content that is removed1 demonetized1 or deprioritized by the provider of an interactive computer service2 and 7,d7 methods to strengthen the capacity of a provider of an interactive computer service to authenticate documentation of a determination by a court that content or an activity violates ,federal law or ,state defamation law4 #f4 ,protection exemptions 7a7 ,exemption from liability protection ,section #bcj7;c7 of the ,communications ,act of #aicd 7#dg ,u4,s4,c4 #bcj7;c77 is amended by adding at the end the following3 7#c7 ,protection exemption 7,a7 ,in general ,subject to subparagraph 7,b71 the protection under paragraph 7#a7 shall not apply to a provider of an interactive computer service1 with respect to illegal content shared or illegal activity occurring on the interactive computer service1 if the provider-- 7i7 has actual knowledge of the illegal content or illegal activity2 and 7ii7 does not remove the illegal content or stop the illegal activity-- 7,i7 within #d days of acquiring that knowledge1 subject to reasonable exceptions based on concerns about the legitimacy of the notice2 or 7,,ii7 if the knowledge is acquired from a notice that emanates from a default judgment or stipulated agreement-- 7aa7 within #aj days of acquiring that knowledge2 or 7bb7 if the provider seeks to vacate the default judgment or stipulated agreement under subparagraph 7,b77i77,,iii7 and the proceeding initiated under that subparagraph results in a determination that the default judgment or stipulated agreement should remain intact1 within #bd hours of that determination4 7,b7 ,notice emanating from default judgment or stipulated agreement 7i7 ,vacatur of default judgment or stipulated agreement ,subparagraph 7,a7 shall not apply to a provider of an interactive computer service if-- 7,i7 a notice of illegal content or illegal activity described in that subparagraph emanates from a default judgment or stipulated agreement2 7,,ii7 the notice described in subclause 7,i7 does not include a sworn affidavit with sufficient evidence to constitute a prima facie showing in support of each underlying cause of action upon which the default judgment or stipulated agreement was obtained2 7,,iii7 not later than #aj days after receiving the notice1 the interactive computer service provider files1 in good faith1 to intervene and seek to vacate the default judgment or stipulated agreement in the court in which the judgment was obtained2 and 7,,iv7 the proceeding initiated under subclause 7,,iii7 results in vacatur of the default judgment or stipulated agreement4 7ii7 ,costs and fees ,if the proceeding initiated under clause 7i77,,iii7 results in a determination that the default judgment or stipulated agreement was sought fraudulently1 the provider of the interactive computer service may seek reimbursement of costs and fees relating to the proceeding4 7,c7 ,notice of illegal content or illegal activity 7i7 ,in general ,a provider of an interactive computer service shall be deemed to have actual knowledge of illegal content or illegal activity for purposes of subparagraph 7,a7 only if the provider receives notice of such content or activity that substantially complies with the requirements under clause 7ii7 of this subparagraph4 7ii7 ,elements ,notice of illegal content or illegal activity provided to a provider of an interactive computer service as described in clause 7i7 shall be in writing and include the following3 7,i7 ,a copy of the order from a trial or appellate ,federal or ,state court1 in its entirety1 and unsealed if the court has ordered it to be sealed1 under which the content or activity was determined to violate ,federal criminal or civil law or ,state defamation law1 and to the extent available1 any references substantiating the validity of the order1 such as the web addresses of public court docket information4 7,,ii7 ,information that is reasonably sufficient to allow the provider to identify and locate the illegal content or illegal activity1 including each user or account engaged in the illegal activity and specific locations of content or accounts involved in the illegal content or activity1 such as ,u,r,ls1 links1 or unique usernames4 7,,iii7 ,information reasonably sufficient to permit the provider to contact the complaining party1 which shall include-- 7aa7 if the complaining party is a user of the interactive computer service1 information identifying the user account2 and 7bb7 if the complaining party is not a user of the interactive computer service1 an email address of the complaining party4 7,,iv7 ,a statement by the complaining party1 made under penalty of perjury in accordance with section #agdf of title #bh1 ,united ,states ,code1 that-- 7aa7 the information in the notice is accurate2 and 7bb7 the content or activity described in the notice has been determined by a trial or appellate ,federal or ,state court to violate ,federal criminal or civil law or ,state defamation law4 7,d7 ,notice to information content provider before removal or stopping ,a provider of an interactive computer service that receives notice of illegal content or illegal activity shall notify the information content provider before removing the content or stopping the activity1 subject to commercially reasonable expectations4 7,e7 ,limitations for internet infrastructure services ,subparagraph 7,a7 shall not apply with respect to-- 7i7 an interactive computer service that is used by another interactive computer service for the management1 control1 or operation of that other interactive computer service1 including for services such as web hosting1 domain registration1 content delivery networks1 caching1 security1 back-end data storage1 and cloud management2 or 7ii7 a provider of broadband internet access service1 as that term is defined in section #h4a7;b7 of title #dg1 ,code of ,federal ,regulations 7or any successor regulation74 7,f7 ,monitoring or affirmative fact-seeking not required ,nothing in this paragraph shall be construed to condition the applicability of paragraph 7#a7 to a provider of an interactive computer service on the provider monitoring the interactive computer service or affirmatively seeking facts indicating illegal content or illegal activity in order to identify instances of content or activity additional to any instances about which the provider has received notice4 7,g7 ,enforcement exemption ,nothing in this paragraph shall be construed to impair or limit the application of paragraph 7#a7 or 7#b7 of subsection 7e74 7,h7 ,no effect on other laws ,nothing in this paragraph shall impair1 limit1 expand1 or otherwise affect the scope or application of-- 7i7 rule #fe of the ,federal ,rules of ,civil ,procedure2 7ii7 section #afea of title #bh1 ,united ,states ,code 7commonly known as the ,all ,writs ,act72 or 7iii7 any law pertaining to intellectual property1 including-- 7,i7 title #ag1 ,united ,states ,code2 and 7,,ii7 the ,act entitled 8,an ,act to provide for the registration and protection of trademarks used in commerce1 to carry out the provisions of certain international conventions1 and for other purposes01 approved ,july #e1 #aidf 7commonly known as the 8,trademark ,act of #aidf0 or the ,lanham ,act7 7#ae ,u4,s4,c4 #ajea et seq474 4 7b7 ,definitions ,section #bcj7;f7 of the ,communications ,act of #aicd 7#dg ,u4,s4,c4 #bcj7;f77 is amended by adding at the end the following3 7#e7 ,illegal activity ,the term illegal activity means activity conducted by an information content provider that has been determined by a trial or appellate ,federal or ,state court to violate ,federal criminal or civil law4 7#f7 ,illegal content ,the term illegal content means information provided by an information content provider that has been determined by a trial or appellate ,federal or ,state court to violate-- 7,a7 ,federal criminal or civil law2 or 7,b7 ,state defamation law4 4 7c7 ,technical correction ,section #bcj7;c77#b77;,b7 of the ,communications ,act of #aicd 7#dg ,u4,s4,c4 #bcj7;c77#b77;,b77 is amended by striking paragraph 7#a7 and inserting subparagraph 7,a74 #g4 ,federal and ,state enforcement ,section #bcj7;e77#a7 of the ,communications ,act of #aicd 7#dg ,u4,s4,c4 #bcj7;e77 is amended to read as follows3 7#a7 ,no effect on ,federal criminal or civil law ,nothing in this section shall be construed to limit1 impair1 or prevent the enforcement or investigation by the ,federal ,government or a ,state attorney general1 as applicable1 of-- 7,a7 any other ,federal criminal or civil statute2 or 7,b7 any regulation of an ,executive agency 7as defined in section #aje of title #e1 ,united ,states ,code7 or an establishment in the legislative branch of the ,federal ,government4 4 #h4 ,severability ,if any provision of this ,act or an amendment made by this ,act1 or the application of such a provision or amendment to any person or circumstance1 is held to be unenforceable or invalid1 the remaining provisions of this ,act and amendments made by this ,act1 and the application of the provision or amendment so held to other persons not similarly situated or to other circumstances1 shall not be affected thereby4 #i4 ,effective date ,this ,act and the amendments made by this ,act shall take effect on the date that is #ah months after the date of enactment of this ,act4