[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 3663 Introduced in Senate (IS)]

<DOC>






117th CONGRESS
  2d Session
                                S. 3663

           To protect the safety of children on the internet.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           February 16, 2022

    Mr. Blumenthal (for himself and Mrs. Blackburn) introduced the 
 following bill; which was read twice and referred to the Committee on 
                 Commerce, Science, and Transportation

_______________________________________________________________________

                                 A BILL


 
           To protect the safety of children on the internet.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Kids Online Safety 
Act''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
Sec. 3. Duty of care.
Sec. 4. Safeguards for minors.
Sec. 5. Disclosure.
Sec. 6. Transparency.
Sec. 7. Independent research.
Sec. 8. Market research.
Sec. 9. Age verification study and report.
Sec. 10. Enforcement.
Sec. 11. Kids Online Safety Council.
Sec. 12. Authorization of appropriations.
Sec. 13. Effective date.
Sec. 14. Severability.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Algorithmic recommendation system.--The term 
        ``algorithmic recommendation system'' means a fully or 
        partially automated system used to suggest, promote, or rank 
        information.
            (2) Covered platform.--The term ``covered platform'' means 
        a commercial software application or electronic service that 
        connects to the internet and that is used, or is reasonably 
        likely to be used, by a minor.
            (3) Minor.--The term ``minor'' means an individual who is 
        age 16 or younger.
            (4) Parent.--The term ``parent'' includes a legal guardian 
        or an individual with legal custody over a child.
            (5) Personal data.--The term ``personal data'' means 
        information that identifies or is linked or reasonably linkable 
        to an individual, household, or consumer device.

SEC. 3. DUTY OF CARE.

    (a) Best Interests.--A covered platform has a duty to act in the 
best interests of a minor that uses the platform's products or 
services.
    (b) Prevention of Harm to Minors.--In acting in the best interests 
of minors, a covered platform has a duty to prevent and mitigate the 
heightened risks of physical, emotional, developmental, or material 
harms to minors posed by materials on, or engagement with, the 
platform, including--
            (1) promotion of self-harm, suicide, eating disorders, 
        substance abuse, and other matters that pose a risk to physical 
        and mental health of a minor;
            (2) patterns of use that indicate or encourage addiction-
        like behaviors;
            (3) physical harm, online bullying, and harassment of a 
        minor;
            (4) sexual exploitation, including enticement, grooming, 
        sex trafficking, and sexual abuse of minors and trafficking of 
        online child sexual abuse material;
            (5) promotion and marketing of products or services that 
        are unlawful for minors, such as illegal drugs, tobacco, 
        gambling, or alcohol; and
            (6) predatory, unfair, or deceptive marketing practices.

SEC. 4. SAFEGUARDS FOR MINORS.

    (a) Safeguards for Minors.--
            (1) In general.--A covered platform shall provide a minor, 
        or a parent acting on a minor's behalf, with readily accessible 
        and easy-to-use safeguards to control their experience and 
        personal data on the covered platform, including settings to--
                    (A) limit the ability of other individuals to 
                contact or find a minor, in particular adults with no 
                relationship to the minor;
                    (B) prevent other individuals from viewing the 
                minor's personal data collected by or shared on the 
                covered platform, in particular restricting public 
                access to personal data;
                    (C) limit features that increase, sustain, or 
                extend use of the covered platform by a minor, such as 
                automatic playing of media, rewards for time spent on 
                the platform, and notifications;
                    (D) opt out of algorithmic recommendation systems 
                that use a minor's personal data;
                    (E) delete the minor's account and request removal 
                of personal data;
                    (F) restrict the sharing of the geolocation of a 
                minor and to provide notice regarding the tracking of a 
                minor's geolocation; and
                    (G) limit time spent by a minor on the covered 
                platform.
            (2) Default safeguard settings for minors.--A covered 
        platform shall provide that, in the case of a user that the 
        platform knows or reasonably believes to be a minor, the 
        default setting for any safeguard described under paragraph (1) 
        shall be the strongest option available.
            (3) Accessibility for minors.--With respect to safeguards 
        described under paragraph (1), 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 
        safeguards.
    (b) Parental Tools.--
            (1) 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 
        minor.
            (2) Requirements.--The parental tools provided by a covered 
        platform shall include--
                    (A) the ability to control privacy and account 
                settings, including the safeguards established under 
                subsection (a)(1);
                    (B) the ability to restrict purchases and financial 
                transactions by a minor;
                    (C) the ability to track total time spent on the 
                platform;
                    (D) a clear and conspicuous mechanism for parents 
                to opt out of or turn off any default parental tools 
                put in place by the covered platform; and
                    (E) 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 3(b).
            (3) Notice to minors.--A covered platform shall provide 
        clear and conspicuous notice to a minor when parental tools are 
        in effect.
            (4) Default parental tools.--A covered platform shall 
        provide that, in the case of a user that the platform knows or 
        reasonably believes to be a minor, parental tools shall be 
        enabled by default.
    (c) Reporting Mechanism.--
            (1) Parental reports.--A covered platform shall provide 
        minors and parents with--
                    (A) a readily accessible and easy-to-use means to 
                submit reports of harms to a minor, including harms 
                described in section 3(b);
                    (B) an electronic point of contact specific to 
                matters involving harms to a minor; and
                    (C) confirmation of the receipt of such a report 
                and a means to track a submitted report.
            (2) Timing.--A covered platform shall establish an internal 
        process to receive and respond to reports in a reasonable and 
        timely manner.
    (d) 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 law.

SEC. 5. DISCLOSURE.

    (a) Notice.--
            (1) Registration.--Prior to registration, use, or purchase 
        of a covered platform by a minor, the platform shall provide 
        clear, accessible, and easy-to-understand--
                    (A) notice of the policies and practices of the 
                covered platform with respect to personal data and 
                safeguards for minors;
                    (B) information about how to access the safeguards 
                and parental tools required under section 4; and
                    (C) notice about whether the covered platform, 
                including any algorithmic recommendation systems used 
                by the platform, pose any heightened risks of harm to a 
                minor, including harms described in section 3(b).
            (2) Parental notification.--For a minor, or an individual 
        that a covered platform reasonably believes is a minor, a 
        covered platform shall additionally provide the notice, 
        information, and statement described in paragraph (1) to a 
        parent of the minor.
            (3) Acknowledgment.--After providing the notice, 
        information, and statement described in paragraph (1), but 
        prior to initial use of the covered platform, the covered 
        platform shall obtain acknowledgment from a minor, or a parent 
        of the minor, of the receipt of information related to the 
        heightened risks of harm to minors referenced in the statement 
        in paragraph (1)(C).
    (b) Algorithmic Recommendation System.--A covered platform that 
uses an algorithmic recommendation system shall set out in its terms 
and conditions, in a clear, accessible, and easy-to-understand manner--
            (1) an overview of how algorithmic recommendation systems 
        are used by the covered platform to provide information to 
        users of the platform who are minors, including how such 
        systems use personal data belonging to minors; and
            (2) options for minors or their parents to modify the 
        results of the algorithmic recommendation system, including the 
        right to opt out or down-rank types or categories of 
        recommendations.
    (c) Advertising and Marketing.--A covered platform that facilitates 
advertising aimed at minors shall provide clear, accessible, and easy-
to-understand information and labels regarding--
            (1) the name of the product, service, or brand and the 
        subject matter of an advertisement or marketing material;
            (2) why the minor is being targeted for a particular 
        advertisement or marketing material if the covered platform 
        engages in targeted advertising, including meaningful 
        information about how the personal data of the minor was used 
        to target the advertisement or marketing material; and
            (3) whether particular media displayed to a user is an 
        advertisement or marketing material, including disclosure of 
        endorsements of products, services, or brands made for 
        commercial consideration by other users of the platform.
    (d) Resources for Parents and Minors.--A covered platform shall 
provide to minors and parents clear, accessible, easy-to-understand, 
and comprehensive information in a prominent location regarding--
            (1) its policies and practices with respect to personal 
        data and safeguards for minors; and
            (2) how to access the safeguards and parental tools 
        required under section 4.

SEC. 6. TRANSPARENCY.

    (a) Audit of Systemic Risks to Minors.--
            (1) In general.--Not less frequently than once a year, a 
        covered platform shall issue a public report identifying the 
        foreseeable risks of harm to minors based on an independent, 
        third-party audit conducted through reasonable inspection of 
        the covered platform and describe the prevention and mitigation 
        measures taken to address such risks.
            (2) Content.--
                    (A) Transparency.--The public reports required of a 
                covered platform under this section shall include--
                            (i) an assessment of whether the covered 
                        platform is reasonably likely to be accessed by 
                        minors;
                            (ii) a description of the commercial 
                        interests of the covered platform in use by 
                        minors;
                            (iii) an accounting of the number of 
                        individuals using the covered platform 
                        reasonably believed to be minors in the United 
                        States, disaggregated by the age ranges of 0-5, 
                        6-9, 10-12, and 13-16;
                            (iv) an accounting of the time spent by the 
                        median and average minor in the United States 
                        on a daily, weekly, and monthly basis, 
                        disaggregated by the age ranges of 0-5, 6-9, 
                        10-12, and 13-16;
                            (v) an accounting, disaggregated by 
                        category of harm, of--
                                    (I) the total number of reports of 
                                the dissemination of illegal or harmful 
                                content involving minors; and
                                    (II) the prevalence of content that 
                                is illegal or harmful to minors; and
                            (vi) a description of any material breaches 
                        of parental tools or assurances regarding 
                        minors, unexpected use of the personal data of 
                        minors, and other matters regarding non-
                        compliance.
                    (B) Systemic risks assessment.--The public reports 
                required of a covered platform under this section shall 
                include--
                            (i) an audit of the known and emerging 
                        risks to minors posed by the covered platform, 
                        including the harms described in section 3(b);
                            (ii) an assessment of how algorithmic 
                        recommendation systems and targeted advertising 
                        systems can contribute to harms to minors;
                            (iii) a description of whether and how the 
                        covered platform uses system design features to 
                        increase, sustain, or extend use of a product 
                        or service by a minor, such as automatic 
                        playing of media, rewards for time spent, and 
                        notifications;
                            (iv) a description of whether, how, and for 
                        what purpose the platform collects or processes 
                        geolocation, contact information, health data, 
                        or other categories of personal data of 
                        heightened concern regarding minors, as 
                        determined by the Commission;
                            (v) an evaluation of the efficacy and any 
                        issues in delivering safeguards to minors under 
                        section 4; and
                            (vi) an evaluation of any other relevant 
                        matters of public concern over risks to minors.
                    (C) Mitigation.--The public reports required of a 
                covered platform under this section shall include--
                            (i) a description of the safeguards and 
                        parental tools available to minors and parents 
                        on the covered platform;
                            (ii) a description of interventions by the 
                        covered platform when it had or has reason to 
                        believe that harm could occur to minors;
                            (iii) 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 risks, 
                        including steps taken to--
                                    (I) adapt or remove system design 
                                features that expose minors to risks;
                                    (II) set safeguards to their most 
                                safe settings by default;
                                    (III) prevent the presence of 
                                illegal and illicit content on the 
                                covered platform; and
                                    (IV) adapt algorithmic 
                                recommendation system to prioritize the 
                                best interests of users who are minors;
                            (iv) a description of internal processes 
                        for handling reports and automated detection 
                        mechanisms for harms to minors, including the 
                        rate, timeliness, and effectiveness of 
                        responses under the requirement of section 
                        4(c);
                            (v) the status of implementing prevention 
                        and mitigation measures identified in prior 
                        assessments; and
                            (vi) a description of the additional 
                        measures to be taken by the covered platform to 
                        address the circumvention of safeguards and 
                        parental tools.
            (3) Reasonable inspection.--In conducting an inspection of 
        the systemic risks of harm to minors, a covered platform 
        shall--
                    (A) take into consideration the function of 
                algorithmic recommendation systems;
                    (B) consult parents, experts, and civil society 
                with respect to the prevention of harms to minors;
                    (C) conduct research based on experiences of minors 
                that use the covered platform, including harms reported 
                under section 4(c);
                    (D) take account of research, including research 
                regarding system design features, marketing, or product 
                integrity, industry best practices, or outside 
                research; and
                    (E) consider indicia or inferences of age of users, 
                in addition to any self-declared information about the 
                age of individuals.
            (4) Privacy safeguards.--In issuing the public reports 
        required under this section, a covered platform shall take 
        steps to safeguard the privacy of its users, including ensuring 
        that data is presented in a de-anonymized, aggregated format.

SEC. 7. INDEPENDENT RESEARCH.

    (a) Definitions.--In this section:
            (1) Assistant secretary.--The term ``Assistant Secretary'' 
        means the Assistant Secretary of Commerce for Communications 
        and Information.
            (2) Eligible researcher.--The term ``eligible researcher'' 
        means an individual or group of individuals affiliated with or 
        employed by--
                    (A) an institution of higher education (as defined 
                in section 101 of the Higher Education Act of 1965 (20 
                U.S.C. 1001)); or
                    (B) a nonprofit organization, including any 
                organization described in section 501(c) of the 
                Internal Revenue Code of 1986.
            (3) Program.--The term ``Program'' means the program 
        established under subsection (b)(1).
            (4) 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 interest.
            (5) 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 Program.
    (b) Access to Data on Harms to Minors.--
            (1) Establishment.--The Assistant Secretary shall establish 
        a program under which an eligible researcher may apply for, and 
        a covered platform shall provide, 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 minors, including matters described in section 3(b).
            (2) Application requirements.--In order to be approved to 
        access data assets from a covered platform, an eligible 
        researcher shall, in the application submitted under paragraph 
        (1)--
                    (A) conduct the research for noncommercial 
                purposes;
                    (B) demonstrate a proven record of expertise on the 
                proposed research topic and related research 
                methodologies; and
                    (C) commit to fulfill, and demonstrate a capacity 
                to fulfill, the specific data security and 
                confidentiality requirements corresponding to the 
                application.
            (3) Duties and rights of covered platforms.--
                    (A) Access to data assets.--
                            (i) In general.--If the Assistant Secretary 
                        approves an application under paragraph (1) 
                        with respect to a covered platform, the covered 
                        platform shall, in a timely manner, provide the 
                        qualified researcher with access to data assets 
                        necessary to conduct public interest research 
                        described in that paragraph.
                            (ii) Form of access.--A covered platform 
                        shall provide to a qualified researcher access 
                        to data assets under clause (i) through online 
                        databases, application programming interfaces, 
                        and data files as appropriate for the qualified 
                        researcher to undertake public interest 
                        research.
                    (B) Nondisclosure agreement.--A covered platform 
                may require, as a condition of access to the data 
                assets of the covered platform, that a qualified 
                researcher enter into a nondisclosure agreement 
                regarding the release of data assets, provided that--
                            (i) the agreement does not restrict the 
                        publication of the qualified researcher's 
                        findings; and
                            (ii) the terms of the agreement allow the 
                        qualified researcher to provide the original 
                        agreement or a copy of the agreement to the 
                        Assistant Secretary.
                    (C) Appeal.--A covered platform may appeal the 
                granting of an application under paragraph (1) on the 
                grounds that, and the Assistant Secretary shall grant 
                such appeal if--
                            (i) the covered platform does not have 
                        access to the requested data assets; or
                            (ii) providing access to the data assets 
                        will lead to significant vulnerabilities in the 
                        security of the covered platform's service.
            (4) Processes, procedures, and standards.--Not later than 1 
        year after the date of enactment of this Act, the Assistant 
        Secretary shall establish--
                    (A)(i) a process by which an eligible researcher 
                may submit an application described in paragraph (1); 
                and
                    (ii) an appeals process for eligible researchers to 
                appeal adverse decisions on applications described in 
                paragraph (1) (including a decision to grant an appeal 
                under paragraph (3)(C));
                    (B) procedures for implementation of the Program, 
                including methods for--
                            (i) participation by covered platforms; and
                            (ii) verification by the Assistant 
                        Secretary of the credentials of eligible 
                        researchers;
                    (C) standards for privacy, security, and 
                confidentiality required to participate in the Program; 
                and
                    (D) standards for transparency regarding the 
                operation and administration of the Program.
            (5) Duty of confidentiality.--To protect user privacy, a 
        qualified researcher shall have a duty of confidentiality with 
        respect to data assets provided by a covered platform, which 
        may be defined by the Assistant Secretary.
            (6) 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 Program.
    (c) Safe Harbor for Independent Collection.--With respect to public 
interest research conducted regarding harms to minors, including 
matters described in section 3(b), 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 research.
    (d) Rulemaking.--The Assistant Secretary, in consultation with the 
Secretary of Commerce and the Director of the National Institute of 
Standards and Technology, shall promulgate rules in accordance with 
section 553 of title 5, United States Code, as necessary to implement 
this section.

SEC. 8. MARKET RESEARCH.

    (a) Market Research by Covered Platforms.--The Federal Trade 
Commission, in coordination with the Secretary of Commerce, shall 
establish guidelines for covered platforms seeking to conduct market- 
and product-focused research on minors or individuals it reasonably 
believes to be minors. Such guidelines shall include--
            (1) 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 conducted, and provides an 
        opportunity for informed consent; and
            (2) recommendations for research practices for studies that 
        may include minors, disaggregated by the age ranges of 0-5, 6-
        9, 10-12, 13-15, and 16-17.
    (b) Guidelines.--The Federal Trade Commission shall promulgate such 
guidelines not later than 18 months after the date of enactment of this 
Act. In doing so, they shall seek input from members of the public and 
the representatives of the Kids Online Safety Council established under 
section 11.

SEC. 9. AGE VERIFICATION STUDY AND REPORT.

    (a) Study.--The Director of the National Institute of Standards and 
Technology, in coordination with the Federal Communications Commission, 
Federal Trade Commission, and the Secretary of Commerce, shall conduct 
a study evaluating the most technologically feasible options for 
developing systems to verify age at the device or operating system 
level.
    (b) Contents.--Such study shall consider--
            (1) the benefits of creating a device or operating system 
        level age verification system;
            (2) what information may need to be collected to create 
        this type of age verification system;
            (3) the accuracy of such systems and their impact or steps 
        to improve accessibility, including for individuals with 
        disabilities;
            (4) how such a system or systems could verify age while 
        mitigating risks to user privacy and data security and 
        safeguarding minors' personal data; and
            (5) the technical feasibility, including the need for 
        potential hardware and software changes, including for devices 
        currently in commerce and owned by consumers.
    (c) Report.--Not later than 1 year after the date of enactment of 
this Act, the agencies described in subsection (a) shall submit a 
report containing the results of the study conducted under such 
subsection to the Committee on Commerce, Science, and Transportation of 
the Senate and the Committee on Energy and Commerce of the House of 
Representatives.

SEC. 10. ENFORCEMENT.

    (a) Enforcement by Federal Trade Commission.--
            (1) 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 
        18(a)(1)(B) of the Federal Trade Commission Act (15 U.S.C. 
        57a(a)(1)(B)).
            (2) Powers of the commission.--
                    (A) In general.--Except as provided in subparagraph 
                (B) and subsection (b), the Federal Trade Commission 
                (referred to in this section as the ``Commission'') 
                shall enforce this Act and any regulation promulgated 
                under this Act in the same manner, by the same means, 
                and with the same jurisdiction, powers, and duties as 
                though all applicable terms and provisions of the 
                Federal Trade Commission Act (15 U.S.C. 41 et seq.) 
                were incorporated into and made a part of this Act.
                    (B) Application to common carriers and nonprofit 
                organizations.--Notwithstanding section 4, 5(a)(2), or 
                6 of the Federal Trade Commission Act (15 U.S.C. 44, 
                45(a)(2), 46) or any jurisdictional limitation of the 
                Commission, the Commission shall also enforce this Act 
                and the regulations promulgated under this Act, in the 
                manner provided under this subsection, with respect 
                to--
                            (i) common carriers subject to the 
                        Communications Act of 1934 (47 U.S.C. 151 et 
                        seq.) and all Acts amendatory thereof and 
                        supplementary thereto; and
                            (ii) organizations not organized to carry 
                        on business for their own profit or that of 
                        their members.
                    (C) Privileges and immunities.--Any person that 
                violates this Act or a regulation promulgated under 
                this Act shall be subject to the penalties, and 
                entitled to the privileges and immunities, provided in 
                the Federal Trade Commission Act (15 U.S.C. 41 et 
                seq.).
            (3) Regulations.--The Commission may promulgate regulations 
        under section 553 of title 5, United States Code, to carry out 
        sections 4, 5, and 6 of this Act.
            (4) Authority preserved.--Nothing in this section shall be 
        construed to limit the authority of the Commission under any 
        other provision of law.
    (b) Enforcement by State Attorneys General.--
            (1) In general.--
                    (A) 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 Act, the State, as 
                parens patriae, 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--
                            (i) enjoin that practice;
                            (ii) enforce compliance with this Act or 
                        such regulation;
                            (iii) on behalf of residents of the State, 
                        obtain damages, statutory damages, restitution, 
                        or other compensation, each of which shall be 
                        distributed in accordance with State law; or
                            (iv) obtain such other relief as the court 
                        may consider to be appropriate.
                    (B) Notice.--
                            (i) In general.--Before filing an action 
                        under subparagraph (A), the attorney general of 
                        the State involved shall provide to the 
                        Commission--
                                    (I) written notice of that action; 
                                and
                                    (II) a copy of the complaint for 
                                that action.
                            (ii) Exemption.--
                                    (I) In general.--Clause (i) 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 action.
                                    (II) Notification.--In an action 
                                described in subclause (I), 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 
                                action.
            (2) Intervention.--
                    (A) In general.--On receiving notice under 
                paragraph (1)(B), the Commission shall have the right 
                to intervene in the action that is the subject of the 
                notice.
                    (B) Effect of intervention.--If the Commission 
                intervenes in an action under paragraph (1), it shall 
                have the right--
                            (i) to be heard with respect to any matter 
                        that arises in that action; and
                            (ii) to file a petition for appeal.
            (3) Construction.--For purposes of bringing any civil 
        action under paragraph (1), 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--
                    (A) conduct investigations;
                    (B) administer oaths or affirmations; or
                    (C) compel the attendance of witnesses or the 
                production of documentary and other evidence.
            (4) 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 
        Act, no State may, during the pendency of that action, 
        institute an action under paragraph (1) against any defendant 
        named in the complaint in the action instituted by or on behalf 
        of the Commission for that violation.
            (5) Venue; service of process.--
                    (A) Venue.--Any action brought under paragraph (1) 
                may be brought in--
                            (i) the district court of the United States 
                        that meets applicable requirements relating to 
                        venue under section 1391 of title 28, United 
                        States Code; or
                            (ii) a State court of competent 
                        jurisdiction.
                    (B) Service of process.--In an action brought under 
                paragraph (1) in a district court of the United States, 
                process may be served wherever defendant--
                            (i) is an inhabitant; or
                            (ii) may be found.

SEC. 11. KIDS ONLINE SAFETY COUNCIL.

    (a) Establishment.--Not later than 1 year after the date of 
enactment of this Act, the Secretary of Commerce shall establish and 
convene the Kids Online Safety Council for the purpose of providing 
advice on the implementation of this Act.
    (b) Participation.--The Kids Online Safety Council shall include 
participation from--
            (1) parents, academic experts, health professionals, and 
        members of civil society with respect to the prevention of 
        harms to minors;
            (2) youth representation;
            (3) representatives of covered platforms;
            (4) representatives of the National Telecommunications and 
        Information Administration, the National Institute of Standards 
        and Technology, the Federal Trade Commission, and the 
        Department of Justice; and
            (5) State attorneys general or their representatives.

SEC. 12. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated to the Federal Trade 
Commission such sums as may be necessary to carry out this Act.

SEC. 13. EFFECTIVE DATE.

    Except as otherwise provided in this Act, this Act shall take 
effect on the date that is 18 months after the date of enactment of 
this Act.

SEC. 14. SEVERABILITY.

    If any provision of this Act, or an amendment made by this Act, is 
determined to be unenforceable or invalid, the remaining provisions of 
this Act and the amendments made by this Act shall not be affected.
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