[Congressional Record Volume 170, Number 120 (Wednesday, July 24, 2024)]
[Senate]
[Pages S5389-S5394]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 3078. Mr. THUNE (for Mr. Lee) submitted an amendment intended to 
be proposed by Mr. Thune to the bill S. 2073, to amend title 31, United 
States Code, to require agencies to include a list of outdated or 
duplicative reporting requirements in annual budget justifications, and 
for other purposes; which was ordered to lie on the table; as follows:

       Strike title I and insert the following:

                      TITLE I--KIDS ONLINE SAFETY

     SEC. 101. DEFINITIONS.

       In this title:
       (1) Child.--The term ``child'' means an individual who is 
     under the age of 13.
       (2) Compulsive usage.--The term ``compulsive usage'' means 
     any response stimulated by external factors that causes an 
     individual to engage in repetitive behavior reasonably likely 
     to cause psychological distress.
       (3) Covered platform.--
       (A) In general.--The term ``covered platform'' means an 
     online platform, online video game, messaging application, or 
     video streaming service that connects to the internet and 
     that is used, or is reasonably likely to be used, by a minor.
       (B) Exceptions.--The term ``covered platform'' does not 
     include--
       (i) an entity acting in its capacity as a provider of--

       (I) a common carrier service subject to the Communications 
     Act of 1934 (47 U.S.C. 151 et seq.) and all Acts amendatory 
     thereof and supplementary thereto;
       (II) a broadband internet access service (as such term is 
     defined for purposes of section 8.1(b) of title 47, Code of 
     Federal Regulations, or any successor regulation);
       (III) an email service;
       (IV) a teleconferencing or video conferencing service that 
     allows reception and transmission of audio or video signals 
     for real-time communication, provided that--

       (aa) the service is not an online platform, including a 
     social media service or social network; and
       (bb) the real-time communication is initiated by using a 
     unique link or identifier to facilitate access; or

       (V) a wireless messaging service, including such a service 
     provided through short messaging service or multimedia 
     messaging service protocols, that is not a component of, or 
     linked to, an online platform and where the predominant or 
     exclusive function is direct messaging consisting of the 
     transmission of text, photos or videos that are sent by 
     electronic means, where messages are transmitted from the 
     sender to a recipient, and are not posted within an online 
     platform or publicly;

       (ii) an organization not organized to carry on business for 
     its own profit or that of its members;
       (iii) any public or private preschool, elementary, or 
     secondary school, or any institution of vocational, 
     professional, or higher education;
       (iv) a library (as defined in section 213(1) of the Library 
     Services and Technology Act (20 U.S.C. 9122(1)));
       (v) a news or sports coverage website or app where--

       (I) the inclusion of video content on the website or app is 
     related to the website or app's own gathering, reporting, or 
     publishing of news content or sports coverage; and
       (II) the website or app is not otherwise an online 
     platform;

       (vi) a product or service that primarily functions as 
     business-to-business software, a cloud storage, file sharing, 
     or file collaboration service, provided that the product or 
     service is not an online platform; or
       (vii) a virtual private network or similar service that 
     exists solely to route internet traffic between locations.
       (4) Design feature.--The term ``design feature'' means any 
     feature or component of a covered platform that will 
     encourage or increase the frequency, time spent, or activity 
     of minors on the covered platform. Design features include--
       (A) infinite scrolling or auto play;
       (B) rewards for time spent on the platform;
       (C) notifications;
       (D) personalized recommendation systems;
       (E) in-game purchases; or
       (F) appearance altering filters.
       (5) Geolocation.--The term ``geolocation'' means 
     information sufficient to identify street name and name of a 
     city or town.
       (6) Individual-specific advertising to minors.--
       (A) In general.--The term ``individual-specific advertising 
     to minors'' means advertising or any other effort to market a 
     product or service that is directed to a specific minor or a 
     device that is linked or reasonably linkable to a minor based 
     on--
       (i) the personal data of--

       (I) the minor; or
       (II) a group of minors who are similar in sex, age, income 
     level, race, or ethnicity to the specific minor to whom the 
     product or service is marketed;

       (ii) profiling of a minor or group of minors; or
       (iii) a unique identifier of the device.
       (B) Exclusions.--The term ``individual-specific advertising 
     to minors'' shall not include--
       (i) advertising or marketing to an individual or the device 
     of an individual in response to the individual's specific 
     request for information or feedback, such as a minor's 
     current search query;
       (ii) contextual advertising, such as when an advertisement 
     is displayed based on the content of the covered platform on 
     which the advertisement appears and does not vary based on 
     personal data related to the viewer;
       (iii) processing personal data solely for measuring or 
     reporting advertising or content performance, reach, or 
     frequency, including independent measurement;

[[Page S5390]]

       (C) Rule of construction.--Nothing in subparagraph (A) 
     shall be construed to prohibit a covered platform that knows 
     an individual is under the age of 17 from delivering 
     advertising or marketing that is age-appropriate for the 
     individual involved and intended for a child or teen audience 
     (as applicable), so long as the covered platform does not use 
     any personal data other than whether the user is under the 
     age of 17 to deliver such advertising or marketing.
       (7) Know or knows.--The term ``know'' or ``knows'' means to 
     have actual knowledge or knowledge fairly implied on the 
     basis of objective circumstances.
       (8) Mental health disorder.--The term ``mental health 
     disorder'' has the meaning given the term ``mental disorder'' 
     in the Diagnostic and Statistical Manual of Mental Health 
     Disorders, 5th Edition (or the most current successor 
     edition).
       (9) Microtransaction.--
       (A) In general.--The term ``microtransaction'' means a 
     purchase made in an online video game (including a purchase 
     made using a virtual currency that is purchasable or 
     redeemable using cash or credit or that is included as part 
     of a paid subscription service).
       (B) Inclusions.--Such term includes a purchase involving 
     surprise mechanics, new characters, or in-game items.
       (C) Exclusions.--Such term does not include--
       (i) a purchase made in an online video game using a virtual 
     currency that is earned through gameplay and is not otherwise 
     purchasable or redeemable using cash or credit or included as 
     part of a paid subscription service; or
       (ii) a purchase of additional levels within the game or an 
     overall expansion of the game.
       (10) Minor.--The term ``minor'' means an individual who is 
     under the age of 17.
       (11) Online platform.--The term ``online platform'' means 
     any public-facing website, online service, online 
     application, or mobile application that predominantly 
     provides a community forum for user generated content, such 
     as sharing videos, images, games, audio files, or other 
     content, including a social media service, social network, or 
     virtual reality environment.
       (12) Online video game.--The term ``online video game'' 
     means a video game, including an educational video game, that 
     connects to the internet and that--
       (A) allows a user to--
       (i) create and upload content other than content that is 
     incidental to gameplay, such as character or level designs 
     created by the user, preselected phrases, or short 
     interactions with other users;
       (ii) engage in microtransactions within the game; or
       (iii) communicate with other users; or
       (B) incorporates individual-specific advertising to minors.
       (13) Parent.--The term ``parent'' has the meaning given 
     that term in section 1302 of the Children's Online Privacy 
     Protection Act (15 U.S.C. 6501).
       (14) Personal data.--The term ``personal data'' has the 
     same meaning as the term ``personal information'' as defined 
     in section 1302 of the Children's Online Privacy Protection 
     Act (15 U.S.C. 6501).
       (15) Personalized recommendation system.--The term 
     ``personalized recommendation system'' means a fully or 
     partially automated system used to suggest, promote, or rank 
     content, including other users, hashtags, or posts, based on 
     the personal data of users. A recommendation system that 
     suggests, promotes, or ranks content based solely on the 
     user's language, city or town, or age shall not be considered 
     a personalized recommendation system.
       (16) Sexual exploitation and abuse.--The term ``sexual 
     exploitation and abuse'' means any of the following:
       (A) Coercion and enticement, as described in section 2422 
     of title 18, United States Code.
       (B) Child sexual abuse material, as described in sections 
     2251, 2252, 2252A, and 2260 of title 18, United States Code.
       (C) Trafficking for the production of images, as described 
     in section 2251A of title 18, United States Code.
       (D) Sex trafficking of children, as described in section 
     1591 of title 18, United States Code.
       (17) User.--The term ``user'' means, with respect to a 
     covered platform, an individual who registers an account or 
     creates a profile on the covered platform.

     SEC. 102. DUTY OF CARE.

       (a) Prevention of Harm to Minors.--A covered platform shall 
     exercise reasonable care in the creation and implementation 
     of any design feature to prevent and mitigate the following 
     harms to minors:
       (1) Consistent with evidence-informed medical information, 
     content that is distributed with the intent to exacerbate the 
     following mental health disorders: anxiety, depression, 
     eating disorders, substance use disorders, and suicidal 
     behaviors.
       (2) Patterns of use that indicate or encourage addiction-
     like behaviors by minors.
       (3) Physical violence, online bullying, and harassment of 
     the minor.
       (4) Sexual exploitation and abuse of minors.
       (5) Promotion and marketing of narcotic drugs (as defined 
     in section 102 of the Controlled Substances Act (21 U.S.C. 
     802)), tobacco products, gambling, or alcohol.
       (6) Promotion and marketing of obscene matter (as that term 
     is used in section 1470 of title 18, United States Code).
       (7) Predatory, unfair, or deceptive marketing practices, or 
     other financial harms.
       (b) Limitation.--Nothing in subsection (a) shall be 
     construed to require a covered platform to prevent or 
     preclude any minor from--
       (1) deliberately and independently searching for, or 
     specifically requesting, content; or
       (2) accessing resources and information regarding the 
     prevention or mitigation of the harms described in subsection 
     (a).

     SEC. 103. SAFEGUARDS FOR MINORS.

       (a) Safeguards for Minors.--
       (1) Safeguards.--A covered platform shall provide a user or 
     visitor that the covered platform knows is a minor with 
     readily-accessible and easy-to-use safeguards to, as 
     applicable--
       (A) limit the ability of other users or visitors to 
     communicate with the minor;
       (B) prevent other users or visitors, whether registered or 
     not, 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 design features that encourage or increase the 
     frequency, time spent, or activity of minors on the covered 
     platform, such as infinite scrolling, auto playing, rewards 
     for time spent on the platform, notifications, and other 
     design features that result in compulsive usage of the 
     covered platform by the minor;
       (D) control personalized recommendation systems, including 
     the ability for a minor to have at least 1 of the following 
     options--
       (i) opt out of such personalized recommendation systems, 
     while still allowing the display of content based on a 
     chronological format; or
       (ii) limit types or categories of recommendations from such 
     systems; and
       (E) restrict the sharing of the geolocation of the minor 
     and provide notice regarding the tracking of the minor's 
     geolocation.
       (2) Options.--A covered platform shall provide a user that 
     the covered platform knows is a minor with readily-accessible 
     and easy-to-use options to--
       (A) delete the minor's account and delete any personal data 
     collected from, or shared by, the minor on the covered 
     platform; or
       (B) limit the amount of time spent by the minor on the 
     covered platform.
       (3) Default safeguard settings for minors.--A covered 
     platform shall provide that, in the case of a user or visitor 
     that the platform knows is a minor, the default setting for 
     any safeguard described under paragraph (1) shall be the 
     option available on the platform that provides the most 
     protective level of control that is offered by the platform 
     over privacy and safety for that user or visitor.
       (b) Parental Tools.--
       (1) Tools.--A covered platform shall provide readily-
     accessible and easy-to-use settings for parents to support a 
     user that the platform knows is a minor with respect to the 
     user's use of the platform.
       (2) Requirements.--The parental tools provided by a covered 
     platform shall include--
       (A) the ability to manage a minor's privacy and account 
     settings, including the safeguards and options established 
     under subsection (a), in a manner that allows parents to--
       (i) view the privacy and account settings; and
       (ii) in the case of a user that the platform knows is a 
     child, change and control the privacy and account settings;
       (B) the ability to restrict purchases and financial 
     transactions by the minor, where applicable; and
       (C) the ability to view metrics of total time spent on the 
     covered platform and restrict time spent on the covered 
     platform by the minor.
       (3) Notice to minors.--A covered platform shall provide 
     clear and conspicuous notice to a user when the tools 
     described in this subsection are in effect and what settings 
     or controls have been applied.
       (4) Default tools.--A covered platform shall provide that, 
     in the case of a user that the platform knows is a child, the 
     tools required under paragraph (1) shall be enabled by 
     default.
       (5) Application to existing accounts.--If, prior to the 
     effective date of this subsection, a covered platform 
     provided a parent of a user that the platform knows is a 
     child with notice and the ability to enable the parental 
     tools described under this subsection in a manner that would 
     otherwise comply with this subsection, and the parent opted 
     out of enabling such tools, the covered platform is not 
     required to enable such tools with respect to such user by 
     default when this subsection takes effect.
       (c) Reporting Mechanism.--
       (1) Reports submitted by parents, minors, and schools.--A 
     covered platform shall provide--
       (A) a readily-accessible and easy-to-use means to submit 
     reports to the covered platform of harms to a minor;
       (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, 
     within the applicable time period described in paragraph (2), 
     a substantive response to the individual that submitted the 
     report.
       (2) Timing.--A covered platform shall establish an internal 
     process to receive and substantively respond to such reports 
     in a reasonable and timely manner, but in no case later 
     than--

[[Page S5391]]

       (A) 10 days after the receipt of a report, if, for the most 
     recent calendar year, the platform averaged more than 
     10,000,000 active users on a monthly basis in the United 
     States;
       (B) 21 days after the receipt of a report, if, for the most 
     recent calendar year, the platform averaged less than 
     10,000,000 active users on a monthly basis in the United 
     States; and
       (C) notwithstanding subparagraphs (A) and (B), if the 
     report involves an imminent threat to the safety of a minor, 
     as promptly as needed to address the reported threat to 
     safety.
       (d) Advertising of Illegal Products.--A covered platform 
     shall not facilitate the advertising of narcotic drugs (as 
     defined in section 102 of the Controlled Substances Act (21 
     U.S.C. 802)), tobacco products, gambling, or alcohol to an 
     individual that the covered platform knows is a minor.
       (e) Rules of Application.--
       (1) Accessibility.--With respect to safeguards and parental 
     tools described under subsections (a) and (b), a covered 
     platform shall provide--
       (A) information and control options in a clear and 
     conspicuous manner that takes into consideration the 
     differing ages, capacities, and developmental needs of the 
     minors most likely to access the covered platform and does 
     not encourage minors or parents to weaken or disable 
     safeguards or parental tools;
       (B) readily-accessible and easy-to-use controls to enable 
     or disable safeguards or parental tools, as appropriate; and
       (C) information and control options in the same language, 
     form, and manner as the covered platform provides the product 
     or service used by minors and their parents.
       (2) Dark patterns prohibition.--It shall be unlawful for 
     any covered platform to design, modify, or manipulate a user 
     interface of a covered platform with the purpose or 
     substantial effect of subverting or impairing user autonomy, 
     decision-making, or choice with respect to safeguards or 
     parental tools required under this section.
       (3) Timing considerations.--
       (A) No interruption to gameplay.--Subsections (a)(1)(C) and 
     (b)(3) shall not require an online video game to interrupt 
     the natural sequence of game play, such as progressing 
     through game levels or finishing a competition.
       (B) Application of changes to offline devices or 
     accounts.--If a user's device or user account does not have 
     access to the internet at the time of a change to parental 
     tools, a covered platform shall apply changes the next time 
     the device or user is connected to the internet.
       (4) Rules of construction.--Nothing in this section shall 
     be construed to--
       (A) prevent a covered platform from taking reasonable 
     measures to--
       (i) block, detect, or prevent the distribution of unlawful, 
     obscene, or other harmful material to minors as described in 
     section 102(a); or
       (ii) block or filter spam, prevent criminal activity, or 
     protect the security of a platform or service;
       (B) require the disclosure of a minor's browsing behavior, 
     search history, messages, contact list, or other content or 
     metadata of their communications;
       (C) prevent a covered platform from using a personalized 
     recommendation system to display content to a minor if the 
     system only uses information on--
       (i) the language spoken by the minor;
       (ii) the city the minor is located in; or
       (iii) the minor's age; or
       (D) prevent an online video game from disclosing a username 
     or other user identification for the purpose of competitive 
     gameplay or to allow for the reporting of users.
       (f) Device or Console Controls.--
       (1) In general.--Nothing in this section shall be construed 
     to prohibit a covered platform from integrating its products 
     or service with, or duplicate controls or tools provided by, 
     third-party systems, including operating systems or gaming 
     consoles, to meet the requirements imposed under subsections 
     (a) and (b) relating to safeguards for minors and parental 
     tools, provided that--
       (A) the controls or tools meet such requirements; and
       (B) the minor or parent is provided sufficient notice of 
     the integration and use of the parental tools.
       (2) Preservation of protections.--In the event of a 
     conflict between the controls or tools of a third-party 
     system, including operating systems or gaming consoles, and a 
     covered platform, the covered platform is not required to 
     override the controls or tools of a third-party system if it 
     would undermine the protections for minors from the 
     safeguards or parental tools imposed under subsections (a) 
     and (b).

     SEC. 104. DISCLOSURE.

       (a) Notice.--
       (1) Registration or purchase.--Prior to registration or 
     purchase of a covered platform by an individual that the 
     platform knows is a minor, the platform shall provide clear, 
     conspicuous, 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 103; and
       (C) notice about whether the covered platform uses or makes 
     available to minors a product, service, or design feature, 
     including any personalized recommendation system, that poses 
     any heightened risk of harm to minors.
       (2) Notification.--
       (A) Notice and acknowledgment.--In the case of an 
     individual that a covered platform knows is a child, the 
     platform shall additionally provide information about the 
     parental tools and safeguards required under section 103 to a 
     parent of the child and obtain verifiable parental consent 
     (as defined in section 1302(9) of the Children's Online 
     Privacy Protection Act (15 U.S.C. 6501(9))) from the parent 
     prior to the initial use of the covered platform by the 
     child.
       (B) Reasonable effort.--A covered platform shall be deemed 
     to have satisfied the requirement described in subparagraph 
     (A) if the covered platform is in compliance with the 
     requirements of the Children's Online Privacy Protection Act 
     (15 U.S.C. 6501 et seq.) to use reasonable efforts (taking 
     into consideration available technology) to provide a parent 
     with the information described in subparagraph (A) and to 
     obtain verifiable parental consent as required.
       (3) Consolidated notices.--For purposes of this title, a 
     covered platform may consolidate the process for providing 
     information under this subsection and obtaining verifiable 
     parental consent or the consent of the minor involved (as 
     applicable) as required under this subsection with its 
     obligations to provide relevant notice and obtain verifiable 
     consent under the Children's Online Privacy Protection Act 
     (15 U.S.C. 6501 et seq.).
       (4) Guidance.--The Federal Trade Commission may issue 
     guidance to assist covered platforms in complying with the 
     specific notice requirements of this subsection.
       (b) Personalized Recommendation System.--A covered platform 
     that operates a personalized recommendation system shall set 
     out in its terms and conditions, in a clear, conspicuous, and 
     easy-to-understand manner--
       (1) an overview of how such personalized recommendation 
     system is used by the covered platform to provide information 
     to minors, including how such systems use the personal data 
     of minors; and
       (2) information about options for minors or their parents 
     to opt out of or control the personalized recommendation 
     system (as applicable).
       (c) Advertising and Marketing Information and Labels.--
       (1) Information and labels.--A covered platform that 
     facilitates advertising aimed at users that the platform 
     knows are minors shall provide clear, conspicuous, and easy-
     to-understand labels and information, which can be provided 
     through a link to another web page or disclosure, to minors 
     on advertisements regarding--
       (A) the name of the product, service, or brand and the 
     subject matter of an advertisement;
       (B) if the covered platform engages in individual-specific 
     advertising to minors, why a particular advertisement is 
     directed to a specific minor, including material information 
     about how the minor's personal data is used to direct the 
     advertisement to the minor; and
       (C) whether particular media displayed to the minor 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.
       (2) Guidance.--The Federal Trade Commission may issue 
     guidance to assist covered platforms in complying with the 
     requirements of this subsection, including guidance about the 
     minimum level of information and labels for the disclosures 
     required under paragraph (1).
       (d) Resources for Parents and Minors.--A covered platform 
     shall provide to minors and parents clear, conspicuous, easy-
     to-understand, and comprehensive information in a prominent 
     location, which may include a link to a web page, regarding--
       (1) its policies and practices with respect to personal 
     data and safeguards for minors; and
       (2) how to access the safeguards and tools required under 
     section 103.
       (e) Resources in Additional Languages.--A covered platform 
     shall ensure, to the extent practicable, that the disclosures 
     required by this section are made available in the same 
     language, form, and manner as the covered platform provides 
     any product or service used by minors and their parents.

     SEC. 105. TRANSPARENCY.

       (a) In General.--Subject to subsection (b), not less 
     frequently than once a year, a covered platform shall issue a 
     public report describing the reasonably foreseeable risks of 
     harms to minors and assessing the prevention and mitigation 
     measures taken to address such risk based on an independent, 
     third-party audit conducted through reasonable inspection of 
     the covered platform.
       (b) Scope of Application.--The requirements of this section 
     shall apply to a covered platform if--
       (1) for the most recent calendar year, the platform 
     averaged more than 10,000,000 active users on a monthly basis 
     in the United States; and
       (2) the platform predominantly provides a community forum 
     for user-generated content and discussion, including sharing 
     videos, images, games, audio files, discussion in a virtual 
     setting, or other content, such as acting as a social media 
     platform, virtual reality environment, or a social network 
     service.

[[Page S5392]]

       (c) Content.--
       (1) Transparency.--The public reports required of a covered 
     platform under this section shall include--
       (A) an assessment of the extent to which the platform is 
     likely to be accessed by minors;
       (B) a description of the commercial interests of the 
     covered platform in use by minors;
       (C) an accounting, based on the data held by the covered 
     platform, of--
       (i) the number of users using the covered platform that the 
     platform knows to be minors in the United States;
       (ii) the median and mean amounts of time spent on the 
     platform by users known to be minors in the United States who 
     have accessed the platform during the reporting year on a 
     daily, weekly, and monthly basis; and
       (iii) the amount of content being accessed by users that 
     the platform knows to be minors in the United States that is 
     in English, and the top 5 non-English languages used by users 
     accessing the platform in the United States;
       (D) an accounting of total reports received regarding, and 
     the prevalence (which can be based on scientifically valid 
     sampling methods using the content available to the covered 
     platform in the normal course of business) of content related 
     to, the harms described in section 102(a), disaggregated by 
     category of harm and language, including English and the top 
     5 non-English languages used by users accessing the platform 
     from the United States (as identified under subparagraph 
     (C)(iii)); and
       (E) a description of any material breaches of parental 
     tools or assurances regarding minors, representations 
     regarding the use of the personal data of minors, and other 
     matters regarding non-compliance with this title.
       (2) Reasonably foreseeable risk of harm to minors.--The 
     public reports required of a covered platform under this 
     section shall include--
       (A) an assessment of the reasonably foreseeable risk of 
     harms to minors posed by the covered platform, specifically 
     identifying those physical, mental, developmental, or 
     financial harms described in section 102(a);
       (B) a description of whether and how the covered platform 
     uses design features that encourage or increase the 
     frequency, time spent, or activity of minors on the covered 
     platform, such as infinite scrolling, auto playing, rewards 
     for time spent on the platform, notifications, and other 
     design features that result in compulsive usage of the 
     covered platform by the minor;
       (C) a description of whether, how, and for what purpose the 
     platform collects or processes categories of personal data 
     that may cause reasonably foreseeable risk of harms to 
     minors;
       (D) an evaluation of the efficacy of safeguards for minors 
     and parental tools under section 103, and any issues in 
     delivering such safeguards and the associated parental tools;
       (E) an evaluation of any other relevant matters of public 
     concern over risk of harms to minors associated with the use 
     of the covered platform; and
       (F) an assessment of differences in risk of harm to minors 
     across different English and non-English languages and 
     efficacy of safeguards in those languages.
       (3) Mitigation.--The public reports required of a covered 
     platform under this section shall include, for English and 
     the top 5 non-English languages used by users accessing the 
     platform from the United States (as identified under 
     paragraph (2)(C)(iii)))--
       (A) a description of the safeguards and parental tools 
     available to minors and parents on the covered platform;
       (B) a description of interventions by the covered platform 
     when it had or has reason to believe that harms to minors 
     could occur;
       (C) a description of the prevention and mitigation measures 
     intended to be taken in response to the known and emerging 
     risks identified in its assessment of reasonably foreseeable 
     risks of harms to minors, including steps taken to--
       (i) prevent harms to minors, including adapting or removing 
     design features or addressing through parental tools;
       (ii) provide the most protective level of control over 
     privacy and safety by default; and
       (iii) adapt recommendation systems to mitigate reasonably 
     foreseeable risk of harms to minors, as described in section 
     102(a);
       (D) 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 103(c);
       (E) the status of implementing prevention and mitigation 
     measures identified in prior assessments; and
       (F) a description of the additional measures to be taken by 
     the covered platform to address the circumvention of 
     safeguards for minors and parental tools.
       (d) Reasonable Inspection.--In conducting an inspection of 
     the reasonably foreseeable risk of harm to minors under this 
     section, an independent, third-party auditor shall--
       (1) take into consideration the function of personalized 
     recommendation systems;
       (2) consult parents and youth experts, including youth and 
     families with relevant past or current experience, public 
     health and mental health nonprofit organizations, health and 
     development organizations, and civil society with respect to 
     the prevention of harms to minors;
       (3) conduct research based on experiences of minors that 
     use the covered platform, including reports under section 
     103(c) and information provided by law enforcement;
       (4) take account of research, including research regarding 
     design features, marketing, or product integrity, industry 
     best practices, or outside research;
       (5) consider indicia or inferences of age of users, in 
     addition to any self-declared information about the age of 
     users; and
       (6) take into consideration differences in risk of 
     reasonably foreseeable harms and effectiveness of safeguards 
     across English and non-English languages.
       (e) Cooperation With Independent, Third-party Audit.--To 
     facilitate the report required by subsection (c), a covered 
     platform shall--
       (1) provide or otherwise make available to the independent 
     third-party conducting the audit all information and material 
     in its possession, custody, or control that is relevant to 
     the audit;
       (2) provide or otherwise make available to the independent 
     third-party conducting the audit access to all network, 
     systems, and assets relevant to the audit; and
       (3) disclose all relevant facts to the independent third-
     party conducting the audit, and not misrepresent in any 
     manner, expressly or by implication, any relevant fact.
       (f) Privacy Safeguards.--
       (1) In general.--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-identified, aggregated format such 
     that it is not reasonably linkable to any user.
       (2) Rule of construction.--This section shall not be 
     construed to require the disclosure of information that will 
     lead to material vulnerabilities for the privacy of users or 
     the security of a covered platform's service or create a 
     significant risk of the violation of Federal or State law.
       (3) Definition of de-identified.--As used in this 
     subsection, the term ``de-identified'' means data that does 
     not identify and is not linked or reasonably linkable to a 
     device that is linked or reasonably linkable to an 
     individual, regardless of whether the information is 
     aggregated
       (g) Location.--The public reports required under this 
     section should be posted by a covered platform on an easy to 
     find location on a publicly-available website.

     SEC. 106. RESEARCH ON SOCIAL MEDIA AND MINORS.

       (a) Definitions.--In this section:
       (1) Commission.--The term ``Commission'' means the Federal 
     Trade Commission.
       (2) National academy.--The term ``National Academy'' means 
     the National Academy of Sciences.
       (3) Secretary.--The term ``Secretary'' means the Secretary 
     of Health and Human Services.
       (b) Research on Social Media Harms.--Not later than 12 
     months after the date of enactment of this Act, the 
     Commission shall seek to enter into a contract with the 
     National Academy, under which the National Academy shall 
     conduct no less than 5 scientific, comprehensive studies and 
     reports on the risk of harms to minors by use of social media 
     and other online platforms, including in English and non-
     English languages.
       (c) Matters to Be Addressed.--In contracting with the 
     National Academy, the Commission, in consultation with the 
     Secretary, shall seek to commission separate studies and 
     reports, using the Commission's authority under section 6(b) 
     of the Federal Trade Commission Act (15 U.S.C. 46(b)), on the 
     relationship between social media and other online platforms 
     as defined in this title on the following matters:
       (1) Anxiety, depression, eating disorders, and suicidal 
     behaviors.
       (2) Substance use disorders and the use of narcotic drugs, 
     tobacco products, gambling, or alcohol by minors.
       (3) Sexual exploitation and abuse.
       (4) Addiction-like use of social media and design factors 
     that lead to unhealthy and harmful overuse of social media.
       (d) Additional Study.--Not earlier than 4 years after 
     enactment, the Commission shall seek to enter into a contract 
     with the National Academy under which the National Academy 
     shall conduct an additional study and report covering the 
     matters described in subsection (c) for the purposes of 
     providing additional information, considering new research, 
     and other matters.
       (e) Content of Reports.-- The comprehensive studies and 
     reports conducted pursuant to this section shall seek to 
     evaluate impacts and advance understanding, knowledge, and 
     remedies regarding the harms to minors posed by social media 
     and other online platforms, and may include recommendations 
     related to public policy.
       (f) Active Studies.--If the National Academy is engaged in 
     any active studies on the matters described in subsection (c) 
     at the time that it enters into a contract with the 
     Commission to conduct a study under this section, it may base 
     the study to be conducted under this section on the active 
     study, so long as it otherwise incorporates the requirements 
     of this section.
       (g) Collaboration.--In designing and conducting the studies 
     under this section, the

[[Page S5393]]

     Commission, the Secretary, and the National Academy shall 
     consult with the Surgeon General and the Kids Online Safety 
     Council.
       (h) Access to Data.--
       (1) Fact-finding authority.--The Commission may issue 
     orders under section 6(b) of the Federal Trade Commission Act 
     (15 U.S.C. 46(b)) to require covered platforms to provide 
     reports, data, or answers in writing as necessary to conduct 
     the studies required under this section.
       (2) Scope.--In exercising its authority under paragraph 
     (1), the Commission may issue orders to no more than 5 
     covered platforms per study under this section.
       (3) Confidential access.--Notwithstanding section 6(f) or 
     21 of the Federal Trade Commission Act (15 U.S.C. 46, 57b-2), 
     the Commission shall enter in agreements with the National 
     Academy to share appropriate information received from a 
     covered platform pursuant to an order under such subsection 
     (b) for a comprehensive study under this section in a 
     confidential and secure manner, and to prohibit the 
     disclosure or sharing of such information by the National 
     Academy. Nothing in this paragraph shall be construed to 
     preclude the disclosure of any such information if authorized 
     or required by any other law.

     SEC. 107. MARKET RESEARCH.

       (a) Market Research by Covered Platforms.--The Federal 
     Trade Commission, in consultation with the Secretary of 
     Commerce, shall issue guidance for covered platforms seeking 
     to conduct market- and product-focused research on minors. 
     Such guidance shall include--
       (1) a standard consent form that provides minors and their 
     parents a clear, conspicuous, and easy-to-understand 
     explanation of the scope and purpose of the research to be 
     conducted that is available in English and the top 5 non-
     English languages used in the United States;
       (2) information on how to obtain informed consent from the 
     parent of a minor prior to conducting such market- and 
     product-focused research; and
       (3) recommendations for research practices for studies that 
     may include minors, disaggregated by the age ranges of 0-5, 
     6-9, 10-12, and 13-16.
       (b) Timing.--The Federal Trade Commission shall issue such 
     guidance 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 111.

     SEC. 108. AGE VERIFICATION STUDY AND REPORT.

       (a) Study.--The Secretary of Commerce, in coordination with 
     the Federal Communications Commission and the Federal Trade 
     Commission, shall conduct a study evaluating the most 
     technologically feasible methods and 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, emphasizing minimizing 
     the amount of data collected and processed by covered 
     platforms and age verification providers for such a system;
       (5) the technical feasibility, including the need for 
     potential hardware and software changes, including for 
     devices currently in commerce and owned by consumers; and
       (6) the impact of different age verification systems on 
     competition, particularly the risk of different age 
     verification systems creating barriers to entry for small 
     companies.
       (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. 109. GUIDANCE.

       (a) In General.--Not later than 18 months after the date of 
     enactment of this Act, the Federal Trade Commission, in 
     consultation with the Kids Online Safety Council established 
     under section 111, shall issue guidance to--
       (1) provide information and examples for covered platforms 
     and auditors regarding the following, with consideration 
     given to differences across English and non-English 
     languages--
       (A) identifying design features that encourage or increase 
     the frequency, time spent, or activity of minors on the 
     covered platform;
       (B) safeguarding minors against the possible misuse of 
     parental tools;
       (C) best practices in providing minors and parents the most 
     protective level of control over privacy and safety;
       (D) using indicia or inferences of age of users for 
     assessing use of the covered platform by minors;
       (E) methods for evaluating the efficacy of safeguards set 
     forth in this title; and
       (F) providing additional parental tool options that allow 
     parents to address the harms described in section 102(a); and
       (2) outline conduct that does not have the purpose or 
     substantial effect of subverting or impairing user autonomy, 
     decision-making, or choice, or of causing, increasing, or 
     encouraging compulsive usage for a minor, such as--
       (A) de minimis user interface changes derived from testing 
     consumer preferences, including different styles, layouts, or 
     text, where such changes are not done with the purpose of 
     weakening or disabling safeguards or parental tools;
       (B) algorithms or data outputs outside the control of a 
     covered platform; and
       (C) establishing default settings that provide enhanced 
     privacy protection to users or otherwise enhance their 
     autonomy and decision-making ability.
       (b) Guidance on Knowledge Standard.--Not later than 18 
     months after the date of enactment of this Act, the Federal 
     Trade Commission shall issue guidance to provide information, 
     including best practices and examples, for covered platforms 
     to understand how the Commission would determine whether a 
     covered platform ``had knowledge fairly implied on the basis 
     of objective circumstances'' for purposes of this title.
       (c) Limitation on Federal Trade Commission Guidance.--
       (1) Effect of guidance.--No guidance issued by the Federal 
     Trade Commission with respect to this title shall--
       (A) confer any rights on any person, State, or locality; or
       (B) operate to bind the Federal Trade Commission or any 
     court, person, State, or locality to the approach recommended 
     in such guidance.
       (2) Use in enforcement actions.--In any enforcement action 
     brought pursuant to this title, the Federal Trade Commission 
     or a State attorney general, as applicable--
       (A) shall allege a violation of a provision of this title; 
     and
       (B) may not base such enforcement action on, or execute a 
     consent order based on, practices that are alleged to be 
     inconsistent with guidance issued by the Federal Trade 
     Commission with respect to this title, unless the practices 
     are alleged to violate a provision of this title.
     For purposes of enforcing this title, State attorneys general 
     shall take into account any guidance issued by the Commission 
     under subsection (b).

     SEC. 110. ENFORCEMENT.

       (a) Enforcement by Federal Trade Commission.--
       (1) Unfair and deceptive acts or practices.--A violation of 
     this title 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.--The Federal Trade Commission (referred to 
     in this section as the ``Commission'') shall enforce this 
     title 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 title.
       (B) Privileges and immunities.--Any person that violates 
     this title 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) Authority preserved.--Nothing in this title 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 a covered 
     platform has violated or is violating section 103, 104, or 
     105, 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 any practice that violates section 103, 104, or 
     105;
       (ii) enforce compliance with section 103, 104, or 105;
       (iii) on behalf of residents of the State, obtain 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

[[Page S5394]]

     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 title 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 title, no State may, during the pendency of 
     that action, institute a separate 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.
       (6) Limitation.--A violation of section 102 shall not form 
     the basis of liability in any action brought by the attorney 
     general of a State under a State law.

     SEC. 111. KIDS ONLINE SAFETY COUNCIL.

       (a) Establishment.--Not later than 180 days 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 matters related to this title.
       (b) Participation.--The Kids Online Safety Council shall 
     include diverse participation from--
       (1) academic experts, health professionals, and members of 
     civil society with expertise in mental health, substance use 
     disorders, harm reduction as it relates to early exposures to 
     pornographic material, and the prevention of harms to minors;
       (2) representatives in academia and civil society with 
     specific expertise in privacy, free expression, access to 
     information, and civil liberties;
       (3) parents and youth representation;
       (4) representatives of covered platforms;
       (5) representatives of the National Telecommunications and 
     Information Administration, the National Institute of 
     Standards and Technology, the Federal Trade Commission, the 
     Department of Justice, and the Department of Health and Human 
     Services;
       (6) State attorneys general or their designees acting in 
     State or local government;
       (7) educators; and
       (8) representatives of faith-based organizations.
       (c) Activities.--The matters to be addressed by the Kids 
     Online Safety Council shall include--
       (1) identifying emerging or current risks of harms to 
     minors associated with online platforms;
       (2) recommending measures and methods for assessing, 
     preventing, and mitigating harms to minors online;
       (3) recommending methods and themes for conducting research 
     regarding online harms to minors, including in English and 
     non-English languages; and
       (4) recommending best practices and clear, consensus-based 
     technical standards for transparency reports and audits, as 
     required under this title, including methods, criteria, and 
     scope to promote overall accountability.
       (d) Non-applicability of FACA.--The Kids Online Safety 
     Council shall not be subject to chapter 10 of title 5, United 
     States Code (commonly referred to as the ``Federal Advisory 
     Committee Act'').

     SEC. 112. EFFECTIVE DATE.

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

     SEC. 113. RULES OF CONSTRUCTION AND OTHER MATTERS.

       (a) Relationship to Other Laws.--Nothing in this title 
     shall be construed to--
       (1) preempt section 444 of the General Education Provisions 
     Act (20 U.S.C. 1232g, commonly known as the ``Family 
     Educational Rights and Privacy Act of 1974'') or other 
     Federal or State laws governing student privacy;
       (2) preempt the Children's Online Privacy Protection Act of 
     1998 (15 U.S.C. 6501 et seq.) or any rule or regulation 
     promulgated under such Act;
       (3) authorize any action that would conflict with section 
     18(h) of the Federal Trade Commission Act (15 U.S.C. 57a(h)); 
     or
       (4) expand or limit the scope of section 230 of the 
     Communications Act of 1934 (commonly known as ``section 230 
     of the Communications Decency Act of 1996'') (47 U.S.C. 230).
       (b) Determination of ``Fairly Implied on the Basis of 
     Objective Circumstances''.--For purposes of enforcing this 
     title, in making a determination as to whether covered 
     platform has knowledge fairly implied on the basis of 
     objective circumstances that a specific user is a minor, the 
     Federal Trade Commission or a State attorney general shall 
     rely on competent and reliable evidence, taking into account 
     the totality of the circumstances, including whether a 
     reasonable and prudent person under the circumstances would 
     have known that the user is a minor.
       (c) Protections for Privacy.--Nothing in this title, 
     including a determination described in subsection (b), shall 
     be construed to require--
       (1) the affirmative collection of any personal data with 
     respect to the age of users that a covered platform is not 
     already collecting in the normal course of business; or
       (2) a covered platform to implement an age gating or age 
     verification functionality.
       (d) Compliance.--Nothing in this title shall be construed 
     to restrict a covered platform's ability to--
       (1) cooperate with law enforcement agencies regarding 
     activity that the covered platform reasonably and in good 
     faith believes may violate Federal, State, or local laws, 
     rules, or regulations;
       (2) comply with a lawful civil, criminal, or regulatory 
     inquiry, subpoena, or summons by Federal, State, local, or 
     other government authorities; or
       (3) investigate, establish, exercise, respond to, or defend 
     against legal claims.
       (e) Application to Video Streaming Services.--A video 
     streaming service shall be deemed to be in compliance with 
     this title if it predominantly consists of news, sports, 
     entertainment, or other video programming content that is 
     preselected by the provider and not user-generated, and--
       (1) any chat, comment, or interactive functionality is 
     provided incidental to, directly related to, or dependent on 
     provision of such content;
       (2) if such video streaming service requires account owner 
     registration and is not predominantly news or sports, the 
     service includes the capability--
       (A) to limit a minor's access to the service, which may 
     utilize a system of age-rating;
       (B) to limit the automatic playing of on-demand content 
     selected by a personalized recommendation system for an 
     individual that the service knows is a minor;
       (C) to provide an individual that the service knows is a 
     minor with readily-accessible and easy-to-use options to 
     delete an account held by the minor and delete any personal 
     data collected from the minor on the service, or, in the case 
     of a service that allows a parent to create a profile for a 
     minor, to allow a parent to delete the minor's profile, and 
     to delete any personal data collected from the minor on the 
     service;
       (D) for a parent to manage a minor's privacy and account 
     settings, and restrict purchases and financial transactions 
     by a minor, where applicable;
       (E) to provide an electronic point of contact specific to 
     matters described in this paragraph;
       (F) to offer a clear, conspicuous, and easy-to-understand 
     notice of its policies and practices with respect to personal 
     data and the capabilities described in this paragraph; and
       (G) when providing on-demand content, to employ measures 
     that safeguard against serving advertising for narcotic drugs 
     (as defined in section 102 of the Controlled Substances Act 
     (21 U.S.C. 802)), tobacco products, gambling, or alcohol 
     directly to the account or profile of an individual that the 
     service knows is a minor.
       (f) Application to Particular Viewpoints.--Nothing in this 
     title shall be construed to require a covered platform to 
     alter a design feature in such a manner that would result in 
     particular viewpoints being throttled, suppressed, or 
     censored.
                                 ______