[Congressional Record Volume 172, Number 108 (Monday, June 29, 2026)]
[House]
[Pages H4280-H4296]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
KIDS INTERNET AND DIGITAL SAFETY ACT
Mr. GUTHRIE. Mr. Speaker, I move to suspend the rules and pass the
bill (H.R. 7757) to protect children and teens online, empower parents
and strengthen families, and for other purposes, as amended.
The Clerk read the title of the bill.
The text of the bill is as follows:
H.R. 7757
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
Internet and Digital Safety Act'' or the ``KIDS 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.
TITLE I--SHIELDING MINORS FROM OBSCENITY
Sec. 101. Short title.
Sec. 102. Definitions.
Sec. 103. Technology verification measures.
Sec. 104. Consultation requirements.
Sec. 105. GAO report.
TITLE II--ONLINE PLATFORMS
Sec. 201. Definitions.
Subtitle A--Kids Online Safety
Sec. 211. Short title.
Sec. 212. Definitions.
Sec. 213. Addressing harms to minors.
Sec. 214. Safeguards for minors, parental tools, and teen messaging
controls.
Sec. 215. Reporting mechanism.
Sec. 216. Disclosure.
Sec. 217. Advertising and marketing information and labels.
Sec. 218. Advertising of illegal products to minors.
Sec. 219. Audit; report.
Sec. 220. Rule of construction on age verification.
Sec. 221. Rule of construction on encryption.
Subtitle B--Stop Profiling Youth and Kids
Sec. 231. Short title.
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Sec. 232. Know; knows defined.
Sec. 233. Market research.
Sec. 234. Effective date.
TITLE III--SOCIAL GAMING PLATFORMS
Sec. 301. Short title.
Sec. 302. Definitions.
Sec. 303. Safeguards requirements for online video game providers.
TITLE IV--ARTIFICIAL INTELLIGENCE CHATBOTS
Sec. 401. Short title.
Sec. 402. Definitions.
Sec. 403. Certain statements prohibited.
Sec. 404. Disclosure required.
Sec. 405. Policies required.
Sec. 406. Rule of construction.
TITLE V--RESEARCH, EDUCATION, AND BEST PRACTICES FOR PROTECTING MINORS
ONLINE
Subtitle A--Research
Sec. 501. Definitions.
Sec. 502. Exemption.
Part 1--Safe Social Media Act
Sec. 511. Short title.
Sec. 512. Report by Commission on social media use by minors.
Part 2--No Fentanyl on Social Media Act
Sec. 513. Short title.
Sec. 514. Report on the ability of minors to access fentanyl through
social media platforms.
Part 3--Assessing Safety Tools for Parents and Minors Act
Sec. 515. Short title.
Sec. 516. Industry review and report.
Part 4--Study on Chatbots and Mental Health of Minors
Sec. 517. Study required.
Sec. 518. Consultation.
Sec. 519. Report.
Subtitle B--Education
Part 1--Promoting a Safe Internet for Minors Act
Sec. 521. Short title.
Sec. 522. Online safety education for minors.
Part 2--AI Warnings And Resources for Education (AWARE) Act
Sec. 523. Short title.
Sec. 524. Safe chatbot use for minors.
Subtitle C--Partnerships and Best Practices
Sec. 525. Short title.
Sec. 526. Kids Internet Safety Partnership.
TITLE VI--KIDS PRIVACY PROTECTIONS
Subtitle A--COPPA 2.0
Sec. 601. Short title.
Sec. 602. Online collection, use, disclosure, and deletion of personal
information of children and teens.
Sec. 603. Study and reports of mobile and online application oversight
and enforcement.
Sec. 604. GAO study.
Sec. 605. Severability.
Subtitle B--Data Broker Disclosures
Sec. 611. Definitions.
Sec. 612. Registration requirement.
Sec. 613. Rule of construction.
TITLE VII--GENERAL PROVISIONS
Sec. 701. Enforcement.
Sec. 702. Judicial review.
Sec. 703. Rules of construction.
Sec. 704. Relationship to State laws.
Sec. 705. Severability.
Sec. 706. Effective date.
SEC. 2. DEFINITIONS.
In this Act:
(1) Agency.--The term ``agency'' has the meaning given that
term in section 551 of title 5, United States Code.
(2) Algorithm.--The term ``algorithm'' means any
computational process, model, or other automated means of
processing to rank, order, promote, recommend, amplify, or
similarly alter the delivery or display of information
(including any text, image, audio, or video post and any
page, group, account, channel, or affiliation).
(3) Artificial intelligence.--The term ``artificial
intelligence'' has the meaning given that term in section
5002 of the National Artificial Intelligence Initiative Act
of 2020 (15 U.S.C. 9401).
(4) Chatbot.--The term ``chatbot'' means an artificial
intelligence system, marketed to and available for use by
consumers, that engages in interactive, natural-language
communication with a user and generates or selects content in
response to user inputs (including text, voice, or other
inputs) using a conversational context.
(5) Commission.--The term ``Commission'' means the Federal
Trade Commission.
(6) Design feature.--The term ``design feature''--
(A) means any feature or component of a covered platform
that encourages an increase in or increases the frequency of
use or time spent by a user who is a minor with respect to
such covered platform; and
(B) includes--
(i) infinite scrolling or auto play;
(ii) rewards or incentives based on frequency of use or
time spent;
(iii) notifications and push alerts;
(iv) badges or other visual award symbols based on
frequency of use or time spent;
(v) appearance altering filters; and
(vi) personalized recommendation systems.
(7) Fully automated system.--The term ``fully automated
system'' means an algorithm the final outputs of which are,
once computed, displayed directly to a covered user without
review or alteration by a covered online platform.
(8) Minor.--Except as otherwise provided, the term
``minor'' means an individual under the age of 17 years.
(9) Narcotic drug.--The term ``narcotic drug'' has the
meaning given that term in section 102 of the Controlled
Substances Act (21 U.S.C. 802).
(10) Parent.--The term ``parent'', with respect to a minor,
means an adult with the legal right to make decisions on
behalf of the minor, including any of the following:
(A) A natural parent.
(B) An adoptive parent.
(C) A legal guardian.
(D) An individual with legal custody over the minor.
(11) Personal information.--The term ``personal
information'' has the meaning given that term in section 1302
of the Children's Online Privacy Protection Act of 1998 (15
U.S.C. 6501) (as amended by section 602(a)(4) of this Act).
(12) Personalized recommendation system.--The term
``personalized recommendation system''--
(A) means a fully automated system used to suggest,
promote, or rank content, including other users, hashtags,
and posts, based on the personal information of a user; and
(B) does not include a fully automated system that
suggests, promotes, or ranks content based solely on the
language, city or town, or age of a user.
(13) Sexual exploitation and abuse.--The term ``sexual
exploitation and abuse'' means any of the following:
(A) Any offense, including coercion and enticement,
described in section 2422 of title 18, United States Code.
(B) Child pornography (as defined in section 2256 of title
18, United States Code).
(C) Trafficking for the production of images (as described
in section 2251 of title 18, United States Code).
(D) Any offense described in section 1591 of title 18,
United States Code.
(14) State.--The term ``State'' means each State of the
United States, the District of Columbia, each commonwealth,
territory, or possession of the United States, and each
federally recognized Indian Tribe.
(15) Verifiable consent.--The term ``verifiable consent''
has the meaning given that term in section 1302 of the
Children's Online Privacy Protection Act of 1998 (15 U.S.C.
6501) (as amended by section 602(a)(5) of this Act).
TITLE I--SHIELDING MINORS FROM OBSCENITY
SEC. 101. SHORT TITLE.
This title may be cited as the ``Shielding Children's
Retinas from Egregious Exposure on the Net Act'' or the
``SCREEN Act''.
SEC. 102. DEFINITIONS.
In this title:
(1) Covered platform.--The term ``covered platform'' means
a website or other online platform--
(A) that is accessible by the public;
(B) with respect to which more than one-third of the
material made available thereon is sexual material harmful to
minors; and
(C) with respect to which the provider of such platform
knowingly makes available the sexual material harmful to
minors described in subparagraph (B).
(2) Minor.--The terms ``minor'' has the meaning given that
term in section 2256 of title 18, United States Code.
(3) Sexual act; sexual contact.--The terms ``sexual act''
and ``sexual contact'' have the meanings given those terms in
section 2246 of title 18, United States Code.
(4) Sexual material harmful to minors.--The term ``sexual
material harmful to minors'' means a picture, image, graphic
image file, film, videotape, or other visual depiction that--
(A)(i) taken as a whole and with respect to minors, appeals
to the prurient interest in nudity, sex, or excretion;
(ii) depicts, describes, or represents, in a patently
offensive way with respect to what is suitable for minors, an
actual or simulated sexual act or sexual contact, actual or
simulated normal or perverted sexual acts, or lewd exhibition
of the genitals; and
(iii) taken as a whole, lacks serious literary, artistic,
political, or scientific value as to minors; or
(B) is child pornography.
(5) Technology verification measure.--The term ``technology
verification measure'' means technology that employs a system
or process to determine whether it is more likely than not
that a user of a covered platform is a minor.
(6) Technology verification measure data.--The term
``technology verification measure data'' means data that--
(A) is collected or processed for the purpose of fulfilling
a request by an individual to access a covered platform or
material on a covered platform; and
(B) is collected or processed for the purpose of utilizing
or providing a technology verification measure pursuant to
this title.
SEC. 103. TECHNOLOGY VERIFICATION MEASURES.
(a) Covered Platform Requirements.--Beginning on the date
that is 1 year after the date of the enactment of this Act, a
provider of a covered platform shall--
(1) adopt and utilize commercially available technology
verification measures with respect to the covered platform of
such provider to identify minors; and
(2) prevent such minors from accessing any sexual material
harmful to minors on the covered platform.
(b) Additional Requirements for Compliance.--In order to
comply with subsection
[[Page H4282]]
(a), a provider of a covered platform (or a third party
contracted by a provider of a covered platform with respect
to such covered platform) shall, with respect to a covered
platform of the provider, carry out the following:
(1) Use a technology verification measure in order to
verify the age of a user.
(2) Provide that a user confirming that the user is not a
minor is not sufficient to verify age.
(3) Provide clear and conspicuous notice containing
information on the technology verification measures and other
policies and procedures related to the technology
verification measure data used to comply with this title.
(4) Take reasonable measures to address circumvention of
technology verification measures.
(5) Not transfer, disclose, or retain any technology
verification measure data beyond what is strictly necessary
to use a technology verification measure pursuant to this
title.
(6) Not collect or use technology verification measure data
for any purpose beyond what is strictly necessary to utilize
a technology verification measure pursuant to this title.
(c) Use of Third Parties.--
(1) In general.--A provider of a covered platform may
contract with a third party to use technology verification
measures for purposes of complying with subsection (a).
(2) Obligations; liability.--A provider of a covered
platform who contracts with a third party as described in
paragraph (1) is not relieved from any obligation or
liability under this title.
(d) Choice of Verification Measures.--A provider of a
covered platform may choose the specific technology
verification measures to utilize for purposes of complying
with subsection (a), if such measures satisfy subsection (b).
(e) Technology Verification Measure Data Security.--A
provider of a covered platform (or a third party contracted
by a provider of a covered platform with respect to such
covered platform) shall establish, implement, and maintain
reasonable administrative, technical, and physical data
security practices to protect the confidentiality, integrity,
and availability of technology verification measure data
collected with respect to the covered platform of such
provider (including by a third party contracted by such
covered provider with respect to such covered platform) and
protect such technology verification measure data against
unauthorized access.
(f) Rule of Construction.--Nothing in this section may be
construed to require the submission of government-issued
identification of any individual to a covered platform or a
third party contracted by a provider of a covered platform to
use a technology verification measure.
SEC. 104. CONSULTATION REQUIREMENTS.
In carrying out this title, the Commission shall consult
with the following individuals, including with respect to the
applicable standards and metrics for making a determination
on whether a user of a covered platform is or is not a minor:
(1) Individuals with experience in computer science and
software engineering.
(2) Individuals with experience in--
(A) advocating for online child safety; or
(B) providing services to minors who have been victimized
by online child exploitation.
(3) Individuals with experience in consumer protection and
online privacy.
(4) Individuals who supply technology verification measure
products or have expertise in technology verification
measures.
(5) Individuals with experience in data security and
cryptography.
SEC. 105. GAO REPORT.
Not later than 3 years after the date of the enactment of
this Act, the Comptroller General of the United States shall
submit to Congress a report that includes the following:
(1) An analysis of the effectiveness of the technology
verification measures required by section 103.
(2) An analysis of the rate of compliance with such section
by providers of covered platforms and third parties
contracted by such providers with respect to such covered
platforms.
(3) An analysis of the data privacy and security measures
used by covered platforms with respect to age verification
processes.
(4) An analysis of the expression, speech, behavioral,
economic, psychological, and societal effects of the
technology verification measures required by section 103.
(5) Recommendations, if any, to the Commission on improving
the enforcement of this title.
TITLE II--ONLINE PLATFORMS
SEC. 201. DEFINITIONS.
In this title:
(1) Covered platform.--The term ``covered platform'' means
a platform that is a website, software, application, or
electronic service connected to the internet that meets the
following requirements:
(A) Is publicly available for use by consumers.
(B) Enables the creation of a username or user identifier--
(i) that is searchable on the platform by other users
through a function made available by the platform; and
(ii) that can be followed by or is similarly accessible to
other users of the platform.
(C) As the primary purpose of the platform, facilitates the
sharing and access to user-generated content through text,
images, video, audio, or any other interactive medium.
(D) Uses a design feature to promote user engagement on the
platform.
(E) Uses the personal information of the user to advertise,
market, or make content recommendations.
(2) User.--The term ``user'', with respect to a covered
platform, means an individual who registers an account or
creates a profile on the covered platform.
Subtitle A--Kids Online Safety
SEC. 211. SHORT TITLE.
This subtitle may be cited as the ``Kids Online Safety
Act''.
SEC. 212. DEFINITIONS.
In this subtitle:
(1) Child.--The term ``child'' means an individual who is
under the age of 13.
(2) Compulsive usage.--The term ``compulsive usage'' means
a persistent and repetitive use of a covered platform that
substantially limits 1 or more major life activities of an
individual (as described in section 3 of the Americans with
Disabilities Act of 1990 (42 U.S.C. 12102)).
(3) Direct messaging feature.--
(A) In general.--The term ``direct messaging feature''
means a function of a covered platform that enables a user to
send a message, image, video, audio, or other communication
directly to another user or a specific group of users of the
covered platform.
(B) Exclusion.--The term ``direct messaging feature'' does
not include a function of a covered platform that enables a
user to post content on the covered platform to--
(i) a public or semi-public profile; or
(ii) a feed accessible to a broader group of users.
(4) Ephemeral messaging feature.--
(A) In general.--The term ``ephemeral messaging feature''
means a function of a covered platform that permanently
deletes or renders inaccessible a message, image, video,
audio, or other communication sent between users of the
covered platform (such that neither the sender nor any
recipient of such communication, nor the covered platform,
may readily retrieve or review the communication in the
original form through the covered platform)--
(i) after a predetermined period;
(ii) once viewed by such a recipient; or
(iii) upon exiting the specific chat or messaging
interface.
(B) Exceptions.--The term ``ephemeral messaging feature''
does not include--
(i) a function of a covered platform that allows a user of
the covered platform to manually delete a message, image,
video, audio, or other communication sent by such user after
the transmission of the communication;
(ii) standard data volatility in transit or temporary
caching for necessary functional and performance reasons;
(iii) the implementation of a time limited data retention
schedule based on industry best practices as part of the
explicit security policies of a covered platform or as needed
to comply with applicable law or regulation; or
(iv) a standard process by which a user may request
deletion of an account on a covered platform to include user
content.
(5) Geolocation information.--The term ``geolocation
information'' means information sufficient to identify a
street name and name of a city or town.
(6) Know; knows.--The term ``know'' or ``knows'' means to
know or should have known.
(7) Messaging controls.--The term ``messaging controls''
means a set of tools or settings that a provider of a covered
platform provides to a user of the covered platform that
allows the user to manage the use of a direct messaging
feature or an ephemeral messaging feature by such user.
(8) Teen.--The term ``teen'' means an individual who has
attained the age of 13 years and is under the age of 17
years.
(9) Unapproved contact.--The term ``unapproved contact''
means a user of a covered platform with respect to whom
another user of the covered platform has not initiated a
direct message conversation.
SEC. 213. ADDRESSING HARMS TO MINORS.
(a) In General.--A provider of a covered platform shall
establish, implement, maintain, and enforce reasonable
policies, practices, and procedures that address the
following harms to minors:
(1) Threats of physical violence so severe, pervasive, or
objectively offensive that such threats impact a major life
activity of a minor.
(2) Sexual exploitation and abuse.
(3) Distribution, sale, or use of narcotic drugs, tobacco
products, cannabis products, gambling, or alcohol.
(4) Any financial harm caused by deceptive practices.
(b) Considerations.--The policies, practices, and
procedures required by subsection (a) shall be appropriate to
the size and complexity of the covered platform.
(c) Rules of Construction.--Nothing in subsection (a) may
be construed to--
(1) require a provider of a covered platform to prevent or
preclude any minor from--
(A) deliberately and independently searching for, or
specifically requesting, content; or
(B) accessing resources and information regarding the
prevention or mitigation of the harms described in subsection
(a); or
(2) impose a duty of care on a provider of a covered
platform.
[[Page H4283]]
SEC. 214. SAFEGUARDS FOR MINORS, PARENTAL TOOLS, AND TEEN
MESSAGING CONTROLS.
(a) Safeguards for Minors.--
(1) Safeguards.--A provider of a covered platform shall
provide a user of or visitor to the covered platform who the
provider knows is a minor with readily accessible and easy-
to-use safeguards to do each of the following, as applicable:
(A) Limit the ability of other users to communicate with
such user or visitor, including through direct messages or
ephemeral messages.
(B) Prevent the profile or personal information of such
user or visitor from being recommended or suggested to
another user or visitor who the provider knows is not a
minor.
(C) Prevent other users or visitors from seeing the current
online or offline status of such user.
(D) Limit design features that encourage compulsive usage
of the covered platform by such user or visitor.
(E) Restrict the sharing of geolocation information of such
user or visitor to a third party that is not a processor and
provide notice to such user or visitor and the parent of such
user or visitor that geolocation information is collected.
(F) Control any personalized recommendation system on such
covered platform, including with respect to the ability for
such user or visitor to have--
(i) a prominently displayed option to opt out of any such
personalized recommendation system, and
(ii) a prominently displayed option to limit types or
categories of recommendations from any such personalized
recommendation system.
(2) Option.--A covered platform shall provide a user that
the covered platform knows is a minor with a readily
accessible and easy-to-use option to limit the amount of time
spent by such user on the covered platform.
(3) Default safeguard settings for minors.--A provider of a
covered platform shall ensure that, in the case of a user of
or visitor to the covered platform who the provider knows is
a minor, the default setting of any safeguard described in
paragraph (1) is the option available on the covered platform
that provides the most protective level of control with
respect to privacy and safety for such user or visitor.
(b) Parental Tools.--
(1) Tools.--A provider of a covered platform shall provide
readily accessible and easy-to-use parental tools that meet
the requirements described in paragraph (2) for a parent of a
user of the covered platform who the provider knows is a
minor.
(2) Requirements.--The parental tools described in
paragraph (1) shall allow a parent of a user of the covered
platform who the provider knows is a minor to do any of the
following:
(A) View the privacy and account settings of such user,
including the teen messaging controls described in subsection
(c)(2).
(B) In the case of a user that the covered platform knows
is a child, manage, change, and control the privacy and
account settings of such user.
(C) The ability to restrict purchases and financial
transactions by such user, if applicable.
(D) The ability to view metrics of total time spent on the
covered platform and restrict time spent on the covered
platform by such user, if such time restrictions do not
amount to full exclusion of access of such user to the
covered platform.
(E) Receive a notification when such user receives a
request from another user who seeks to initiate direct
messaging or ephemeral messaging with such user for the first
time.
(F) In the case of a user that the covered platform knows
is a child, disable any ephemeral messaging features or
direct messaging features.
(3) Notice to parents of minors.--A provider of a covered
platform shall provide clear and conspicuous notice to a
parent of a user of the covered platform who the provider
knows is a minor about the availability of the parental tools
described in paragraph (1).
(4) Notice to minors.--A provider of a covered platform
shall provide clear and conspicuous notice to a user of the
covered platform who the provider knows is a minor when any
parental tool described in paragraph (1) is in effect and any
setting or control that has been applied.
(5) Default tools for children.--A provider of a covered
platform shall ensure that, in the case of a user of or
visitor to the covered platform who the provider knows is a
child, the default setting for any parental tool described in
paragraph (1) is the option available on the covered platform
that provides the most protective level of control with
respect to privacy and safety for such user or visitor.
(6) Application to existing accounts.--If, before the
effective date of this subtitle, a provider of a covered
platform provides a parent of a user of the covered platform
who the provider knows is a child with notice and the ability
to enable a parental tool described in paragraph (1) in a
manner that would otherwise comply with this subsection and
the parent opts out of enabling any such parental tool, the
covered platform is not required to enable any such parental
tool with respect to such user by default on or after such
effective date.
(c) Additional Messaging Controls for Teens.--
(1) In general.--A provider of a covered platform that
offers, provides, or enables any direct messaging feature or
ephemeral messaging feature of such covered platform to any
user of the covered platform who the provider knows is a teen
shall provide easily accessible and usable messaging controls
described in paragraph (2) to such user that the user may
activate and manage.
(2) Teen messaging controls.--The teen messaging controls
described in this paragraph shall allow a user of the covered
platform to do any of the following:
(A) Receive a timely notification that--
(i) alerts the user about a request from an unapproved
contact who seeks to use a direct messaging feature or an
ephemeral messaging feature of the covered platform with
respect to the user; and
(ii) allows the user to approve or deny the request before
the unapproved contact and the user engage in any direct
messaging or ephemeral messaging through any such direct
messaging feature or ephemeral messaging feature.
(B) View and manage a list of any contacts approved for
engaging in direct messaging or ephemeral messaging with the
user through any direct messaging feature or any ephemeral
messaging feature of the covered platform.
(C) Disable any direct messaging feature or ephemeral
messaging feature.
(D) Prevent any specific user, any specific group of users,
or other user in general from initiating or continuing to
engage in direct messaging or ephemeral messaging with the
user through any direct messaging feature or any ephemeral
messaging feature of the covered platform.
(E) Enable the user to set a profile of the user on the
covered platform as hidden.
(d) Rules of Application.--
(1) Accessibility.--With respect to any safeguard described
in subsection (a)(1), any parental tool described in
subsection (b)(1), and any teen messaging control described
in subsection (c)(2), a provider of a covered platform shall
provide each of the following:
(A) Information and control options in a clear and
conspicuous manner that takes into consideration the
differing ages, capacities, and developmental needs of a user
of the covered platform who the provider knows is a minor
most likely to access the covered platform and does not
encourage such a user or a parent of such a user to weaken or
disable any such safeguard, parental tool, or teen messaging
control.
(B) Readily accessible and easy-to-use controls to enable
or disable any such safeguard, parental tool, or teen
messaging control, as appropriate.
(C) Information and control options in the same language,
form, and manner as the provider provides the product or
service used by such a user or a parent of such a user.
(2) Timing considerations; application of changes to
offline devices or accounts.--If the device of a user or user
account does not have access to the internet at the time of a
change to a parental tool described in subsection (b)(1), the
provider of the relevant covered platform shall apply changes
the next time the device or user is connected to the
internet.
(3) Prohibition.--A provider of a covered platform may not
knowingly use a user interface with the purpose or
substantial effect of obscuring, subverting, or impairing the
use by a user of the covered platform who the provider knows
is a minor or a parent of such a user of any safeguard
described in subsection (a)(1), any parental tool described
in subsection (b)(1), or any teen messaging control described
in subsection (c)(2).
(e) Rules of Construction.--Nothing in this section may be
construed to do any of the following:
(1) Prevent a provider of a covered platform from taking
reasonable measures to block, detect, or prevent the
distribution of unlawful, obscene, or other harmful material
to minors or any other harms to minors described in section
213(a).
(2) Prevent a provider of a covered platform from entering
into an agreement with a third party with a primary or
exclusive function of--
(A) providing--
(i) any safeguard described in subsection (a)(1);
(ii) any parental tool described in subsection (b)(1); or
(iii) any teen messaging control described in subsection
(c)(2); or
(B) otherwise assisting with meeting the requirements
described in subsections (a), (b), and (c).
(3) Prevent a parent or user from authorizing a third party
described in paragraph (2) to implement--
(A) any safeguard described in subsection (a)(1);
(B) any parental tool described in subsection (b)(1); or
(C) any teen messaging control described in subsection
(c)(2).
SEC. 215. REPORTING MECHANISM.
(a) Reporting Tools.--A provider of a covered platform
shall provide each of the following:
(1) A readily accessible and easy-to-use means for a user
of or visitor to the covered platform to submit a report to
the covered platform of any harm to a minor related to the
use of the covered platform.
(2) An electronic point of contact specific to matters
involving harms to a minor.
(3) Confirmation of the receipt of any such report and,
within the applicable time period
[[Page H4284]]
described in subsection (b), a substantive response to the
user or visitor who submitted the report.
(b) Timing.--A covered platform shall establish an internal
process to receive and substantively respond to a report
submitted under subsection (a)(1) in a reasonable and timely
manner, but in no case later than--
(1) 10 days after the date on which the report is received;
or
(2) if the report involves an imminent threat to the safety
of a minor, the date that is as prompt as needed to address
the reported threat to safety.
SEC. 216. DISCLOSURE.
(a) Notice.--
(1) Registration or purchase.--Before any registration or
purchase on a covered platform by a user of or visitor to the
covered platform who the provider knows is a minor, the
provider shall provide clear, conspicuous, and easy-to-
understand notice with respect to each of the following:
(A) The policies and practices of the covered platform with
respect to safeguards for minors.
(B) Information about how to access any safeguard described
in section 214(a)(1), any parental tool described in section
214(b)(1), and any teen messaging control described in
section 214(c)(2).
(2) Notification.--
(A) Notice and acknowledgment.--In the case of a user of or
visitor to a covered platform who the provider of the covered
platform knows is a minor, the provider shall provide
information about any safeguard described in section
214(a)(1) and any parental tool described in section
214(b)(1) to a parent of such user or visitor.
(B) Reasonable effort.--A covered platform shall be deemed
to have satisfied the requirement described in subparagraph
(A) if the provider of the covered platform is in compliance
with the requirements of the Children's Online Privacy
Protection Act of 1998 (15 U.S.C. 6501 et seq.) to use
reasonable efforts (taking into consideration commercially
available technology) to provide a parent with the
information required by paragraph (1)(B).
(b) Consolidated Notices.--For purposes of this section, a
provider of a covered platform may consolidate the process
for providing information required by this section with the
obligations of the provider to provide relevant notice and
obtain verifiable consent under the Children's Online Privacy
Protection Act of 1998.
SEC. 217. ADVERTISING AND MARKETING INFORMATION AND LABELS.
A provider of a covered platform shall provide clear,
conspicuous, and easy-to-understand labels and information,
which may be provided through a link to another web page or
disclosure, to a user of or visitor to the covered platform
who the provider knows is a minor on advertisements regarding
the disclosure of endorsements of products, services, or
brands made for commercial consideration by other users of
the covered platform.
SEC. 218. ADVERTISING OF ILLEGAL PRODUCTS TO MINORS.
A provider of a covered platform may not facilitate the
advertising of narcotic drugs, cannabis products, tobacco
products, gambling, or alcohol to a user of or visitor to the
covered platform who the provider knows is a minor.
SEC. 219. AUDIT; REPORT.
(a) Audit Required.--Not later than 18 months after the
date of the enactment of this subtitle, and annually
thereafter, a provider of a covered platform shall ensure
that an independent, third-party auditor conducts an
independent, third-party audit of the covered platform.
(b) Audit Specifications.--
(1) Criteria.--In conducting an audit required by
subsection (a), an independent, third-party auditor shall do
the following:
(A) Consider widely accepted or evidence-based approaches,
best practices, frameworks, and methods related to any
safeguard described in section 214(a)(1), any parental tool
described in section 214(b)(1), and any teen messaging
control described in section 214(c)(2).
(B) Consider widely accepted or evidence-based approaches,
best practices, frameworks, and methods related to
identifying, preventing, and mitigating the harms to minors
described in section 213(a).
(C) Consult with parents (including parents with relevant
experience), public health and mental health nonprofit
organizations, health and development organizations, and
experts in freedom of expression about methods to identify,
prevent, and mitigate such harms.
(2) Contents.--An audit required by subsection (a) shall
include the following:
(A) An assessment of the extent to which the relevant
covered platform is likely to be accessed by minors,
including with respect to any difference between children and
teens.
(B) An accounting of the following:
(i) The number of users using such covered platform who the
provider of such covered platform knows to be minors located
in the United States.
(ii) The median and mean amounts of time spent on such
covered platform by such users during the year in which such
audit is conducted.
(iii) A description of the policies, practices, and
procedures implemented to address the harms to minors
described in section 213(a).
(iv) The number of times that any safeguard described in
section 214(a)(1) has been exercised during the year in which
such audit is conducted.
(v) The number of times that any parental tool described in
section 214(b)(1) has been exercised during the year in which
such audit is conducted.
(vi) The number of times that any teen messaging control
described in section 214(c)(2) has been exercised during the
year in which such audit is conducted.
(vii) The number of reports, categorized by types of harms
to a minor, received by such covered platform through the
reporting mechanism described in section 215(a)(1) during the
year in which such audit is conducted.
(C) A description of such safeguards for minors and
parental tools that are available to minors and parents on
such covered platform.
(D) A description of how such covered platform handles
reports received through such reporting mechanism, including
the rate of response to such a report and the timeliness and
substantiveness of any such response.
(E) A description of whether, how, and for what purpose
such covered platform collects or processes categories of
personal information of minors.
(F) If the covered platform has a process used to create,
implement, or evaluate the impact of a design feature of the
covered platform used by minors, a description of such
process.
(3) Cooperation by covered platform.--A provider of a
covered platform shall facilitate an audit of the covered
platform required by subsection (a) by doing the following:
(A) Providing or otherwise making available to the
independent, third-party auditor that conducts such audit any
information or material in the possession, custody, or
control of such covered platform relevant to such audit.
(B) Providing or otherwise making available to such auditor
access to any network, system, or asset relevant to such
audit.
(C) Disclosing any material fact to such auditor and not
misrepresenting any material fact.
(c) Report to Commission.--Not later than 30 days after the
date on which an audit required by subsection (a) is
completed, the provider of the relevant covered platform
shall submit to the Commission the results of the audit.
(d) Public Report.--Not later than 45 days after the date
on which an audit required by subsection (a) is completed,
the provider of the relevant covered platform shall issue a
public report that--
(1) includes the information required by clauses (i), (ii),
(iv), (v), and (vi) of subsection (b)(2)(B); and
(2) notwithstanding paragraph (1), may include any other
information required by this section.
SEC. 220. RULE OF CONSTRUCTION ON AGE VERIFICATION.
Nothing in this subtitle may be construed to require the
provider of a covered platform to implement an age gating or
age verification functionality on the covered platform.
SEC. 221. RULE OF CONSTRUCTION ON ENCRYPTION.
No requirement under this subtitle to restrict any feature
for a user of a covered platform or to provide messaging
controls for a direct messaging feature or ephemeral
messaging feature of a covered platform may be construed to
override any protection for an encrypted communication
described in this subtitle and a provider of a covered
platform shall adhere to any such requirement, to the maximum
extent technically feasible, through means that do not
compromise the integrity of strong encryption offered to any
user of the covered platform.
Subtitle B--Stop Profiling Youth and Kids
SEC. 231. SHORT TITLE.
This subtitle may be cited as the ``Stop Profiling Youth
and Kids Act'' or the ``SPY Kids Act''.
SEC. 232. KNOW; KNOWS DEFINED.
The term ``know'' or ``knows'' means to have actual
knowledge or to have acted in willful disregard.
SEC. 233. MARKET RESEARCH.
(a) Prohibition of Research on Minors.--A provider of a
covered platform may not, in the case of a user or visitor of
the covered platform who the provider knows is a minor,
conduct market or product-focused research on such user or
visitor unless any such research is--
(1) used solely to improve the privacy, security,
transparency, or safety of the covered platform, including
with respect to a design feature or any safeguard, setting,
or tool offered to such user or visitor or a parent of such
user or visitor; or
(2) necessary for compliance with a Federal or State law.
(b) Rule of Construction.--Nothing in this subtitle may be
construed to limit the processing of personal information
solely for measuring or reporting advertising or content
performance, reach, or frequency, including through an
independent measurement.
SEC. 234. EFFECTIVE DATE.
This subtitle shall take effect on the date that is 90 days
after the date of the enactment of this Act.
TITLE III--SOCIAL GAMING PLATFORMS
SEC. 301. SHORT TITLE.
This title may be cited as the ``Safer Guarding of
Adolescents from Malicious
[[Page H4285]]
Interactions on Network Games Act'' or the ``Safer GAMING
Act''.
SEC. 302. DEFINITIONS.
(a) Definitions.--In this title:
(1) Covered communication tool.--The term ``covered
communication tool'' means a capability available to a user
of an interactive online video game that allows for the
exchange of verbal, written, or visual messages between such
user and any other user of such interactive online video
game.
(2) Covered user.--The term ``covered user'' means a user
of an interactive online video game if the online video game
provider of such interactive online video game knows that
such user is a minor.
(3) Interactive online video game.--The term ``interactive
online video game'' means a video game that--
(A) connects to the internet; and
(B) allows a user of such video game to communicate with
other users of such video game.
(4) Know; knows.--The term ``know'' or ``knows'' means know
or should have known.
(5) Minor.--The term ``minor'' means an individual under
the age of 17 years.
(6) Online video game provider.--The term ``online video
game provider'' means a person engaged in the business of
providing directly to a consumer over the internet or other
online means a digital storefront, console network, mobile or
cloud gaming platform, or similar means of digital
distribution that offers access to an interactive online
video game for use by the consumer.
(7) Video game.--The term ``video game'' means a software
program that--
(A) receives and stores data or instructions generated by
the user of such software program; and
(B) processes such data or instructions to create an
interactive game for such user to play on a computer, gaming
system, console, mobile device, or other technological means.
SEC. 303. SAFEGUARDS REQUIREMENTS FOR ONLINE VIDEO GAME
PROVIDERS.
(a) Communication Safeguards.--An online video game
provider shall provide safeguards to a parent of a covered
user of an interactive online video game of such online video
game provider that allow the parent to limit communication
between such covered user and any other user of such
interactive online video game.
(b) Features.--
(1) In general.--An online video game provider shall ensure
that the safeguards required by subsection (a) meet the
following requirements:
(A) Be accessible and easy to use.
(B) Be enabled by default on an account of a covered user
of the interactive online video game of such online video
game provider.
(C) Be set to the most protective level of control by
default on any such account.
(2) Protective level of control.--For purposes of paragraph
(1)(C), the term ``most protective level of control'' means
the relevant safeguards--
(A) are set to the most restrictive setting by default; and
(B) may be set to a less restrictive setting only by a
parent of a covered user.
(3) Other safeguards required.--An online video game
provider shall provide to a covered user and a parent of a
covered user of an interactive online video game of the
online video game provider readily accessible and easy-to-use
safeguards to do the following:
(A) Prevent a profile of such covered user or personal
information connected to such covered user from being
recommended or suggested to any other user of such
interactive online video game who is not a minor.
(B) Restrict purchases and financial transactions by such
covered user.
(C) Limit the amount of time spent by such covered user on
such interactive online video game.
(c) Device Controls.--Nothing in this section may be
construed to prohibit an online video game provider from
making available to the parent of a covered user of an
interactive online video game of the online video game
provider a single user interface that permits such parent to
do the following:
(1) Set the level or scope of any covered communication
tool with respect to multiple other users or categories of
users or set the level or scope of multiple covered
communication tools.
(2) Control the safeguards required by this section.
(d) Notice to Covered Users.--An online video game provider
shall provide clear and conspicuous notice to a covered user
of an interactive online video game of the online video game
provider when the safeguards required by this section are in
effect that describes the settings or safeguards that have
been applied.
TITLE IV--ARTIFICIAL INTELLIGENCE CHATBOTS
SEC. 401. SHORT TITLE.
This title may be cited as the ``Safeguarding Adolescents
From Exploitative BOTs Act'' or the ``SAFE BOTs Act''.
SEC. 402. DEFINITIONS.
In this title:
(1) Chatbot provider.--
(A) In general.--The term ``chatbot provider'' means a
person engaged in the business of providing a chatbot
directly to a consumer for the use of the consumer, including
through a website, mobile application, or other online means.
(B) Limitation.--A person that provides a website, mobile
application, or other online service that includes a chat
function incidental to the primary purpose of such website,
application, or service may not be treated as a chatbot
provider solely on the basis of such incidental chat
function.
(2) Covered user.--The term ``covered user'' means a user
of a chatbot if the provider of such chatbot knows that such
user is a minor.
(3) Know; knows.--The term ``know'' or ``knows'' means know
or should have known.
SEC. 403. CERTAIN STATEMENTS PROHIBITED.
A chatbot provider may not provide to a covered user a
chatbot that states to the covered user that the chatbot is a
licensed professional (unless such statement is true).
SEC. 404. DISCLOSURE REQUIRED.
(a) In General.--A chatbot provider shall clearly and
conspicuously disclose to each covered user of a chatbot of
such chat provider a disclosure of the following:
(1) The chatbot is an artificial intelligence system and
not a natural person.
(2) Resources for contacting a suicide and crisis
intervention hotline.
(b) Timing.--
(1) AI system disclosure.--A disclosure required by
subsection (a)(1) shall be made--
(A) at the initiation of the first interaction of a covered
user with a chatbot; and
(B) at any point at which, during an interaction between a
covered user and a chatbot, the covered user prompts the
chatbot about whether the chatbot is an artificial
intelligence system.
(2) Crisis resources disclosure.--A disclosure required by
subsection (a)(2) shall be made at any point at which, during
an interaction between a covered user and a chatbot, the
covered user prompts the chatbot about suicide or suicidal
ideation.
(c) Use of Plain Language.--Any disclosure required by
subsection (a) shall be made in a manner that is clear and
age-appropriate using plain language such that the disclosure
is reasonably understandable by a minor.
SEC. 405. POLICIES REQUIRED.
A chatbot provider shall establish, implement, and maintain
reasonable policies, practices, and procedures--
(1) to ensure that a chatbot of the chatbot provider
advises a covered user of the chatbot to take a break from
the chatbot at the point at which a continuous and
uninterrupted interaction of such covered user with such
chatbot has lasted for 3 hours; and
(2) to address, with respect to covered users--
(A) sexual exploitation and abuse;
(B) the promotion of gambling that is restricted from or
prohibited for minors by law; and
(C) the promotion of the distribution, sale, or use of
narcotic drugs, tobacco products, or alcohol that are
restricted from or prohibited for minors by law.
SEC. 406. RULE OF CONSTRUCTION.
Nothing in this title may be construed to require a chatbot
provider to prevent or preclude any covered user of a chatbot
of the chatbot provider from accessing resources and
information regarding the prevention or mitigation of the
harms described in section 405(2).
TITLE V--RESEARCH, EDUCATION, AND BEST PRACTICES FOR PROTECTING MINORS
ONLINE
Subtitle A--Research
SEC. 501. DEFINITIONS.
In this subtitle:
(1) Fentanyl.--The term ``fentanyl'' includes any fentanyl
analogue and fentanyl-related substance.
(2) Fentanyl-related substance.--The term ``fentanyl-
related substance'' has the meaning given that term in
subsection (e) of schedule I of section 202(c) of the
Controlled Substances Act (21 U.S.C. 812(c)).
(3) Relevant congressional committees.--The term ``relevant
congressional committees'' means--
(A) the Committee on Energy and Commerce of the House of
Representatives; and
(B) the Committee on Commerce, Science, and Transportation
of the Senate.
(4) Social media platform.--The term ``social media
platform''--
(A) means a public-facing website, internet application, or
mobile internet application, including a social network or
video sharing service--
(i) that serves the public; and
(ii) that primarily provides a forum for user-generated
content, including messages, videos, images, games, and audio
files; and
(B) does not include--
(i) a provider of broadband internet access service (as
described in section 8.1(b) of title 47, Code of Federal
Regulations, or any successor regulation); or
(ii) electronic mail.
SEC. 502. EXEMPTION.
Subchapter I of chapter 35 of title 44, United States Code
(commonly known as the ``Paperwork Reduction Act'') does not
apply to this subtitle.
PART 1--SAFE SOCIAL MEDIA ACT
SEC. 511. SHORT TITLE.
This part may be cited as the ``Safe Social Media Act''.
SEC. 512. REPORT BY COMMISSION ON SOCIAL MEDIA USE BY MINORS.
The Commission, in coordination with the Secretary of
Health and Human Services (acting through the Assistant
Secretary for Mental Health and Substance Use), shall do the
following:
(1) Conduct a study on social media platform use by minors,
including with respect to the following:
[[Page H4286]]
(A) What personal information is collected by social media
platforms with respect to minors.
(B) How such personal information is used by the algorithms
of the social media platforms.
(C) How such personal information is used with respect to
targeted advertising.
(D) How often minors use social media platforms daily.
(E) Differences in use of social media platforms related to
the age ranges of minors.
(F) Mental health effects on minors linked to the use of
social media platforms.
(G) Potential harmful effects and benefits for minors from
extended social media platform use.
(2) Not later than 3 years after the date of the enactment
of this Act, submit to the relevant congressional committees
a report on the findings of the study conducted under
paragraph (1), including any recommended policy changes based
on such findings.
PART 2--NO FENTANYL ON SOCIAL MEDIA ACT
SEC. 513. SHORT TITLE.
This part may be cited as the ``No Fentanyl on Social Media
Act''.
SEC. 514. REPORT ON THE ABILITY OF MINORS TO ACCESS FENTANYL
THROUGH SOCIAL MEDIA PLATFORMS.
(a) Report Required.--Not later than 1 year after the date
of the enactment of this Act, the Commission, in coordination
with the Secretary of Health and Human Services (acting
through the Commissioner of Food and Drugs), shall submit to
the relevant congressional committees and publish on a
website of the Commission a report on the ability of minors
to access fentanyl, including through pressed pills, through
social media platforms and that includes the following:
(1) The prevalence and ability for minors to access
fentanyl from drug sellers on social media platforms.
(2) The impact of such prevalence and access on minors,
including with respect to health risks and risks to physical
safety.
(3) How drug sellers use social media platforms to market,
sell, deliver, distribute, dispense, and engage in other
transactions related to the provision of fentanyl to minors.
(4) How design features and other characteristics of social
media platforms affect the ability of minors to access
fentanyl.
(5) Other measures taken by law enforcement, the medical
community, and others to address the issues described in
paragraphs (1) through (4).
(6) Practices, policies, and other measures taken by social
media platforms to address the ability of drug sellers to use
social media platforms and the effectiveness of such
practices, policies, and measures.
(7) Recommendations for Congress to eliminate the
prevalence and ability for minors to access fentanyl through
social media platforms.
(b) Consultation Required.--In developing the report
required by subsection (a), the Commission shall consult with
any relevant agencies and stakeholders, including parents,
social media platforms, law enforcement, medical
professionals, and other relevant experts.
(c) Redaction Permitted.--In publishing the report required
by subsection (a), the Commission, in consultation with the
Attorney General, may redact any information relating to
paragraph (3) or (5) of such subsection that may compromise
any law enforcement tactic, strategy, or technique.
PART 3--ASSESSING SAFETY TOOLS FOR PARENTS AND MINORS ACT
SEC. 515. SHORT TITLE.
This part may be cited as the ``Assessing Safety Tools for
Parents and Minors Act''.
SEC. 516. INDUSTRY REVIEW AND REPORT.
(a) Review.--Not later than 6 months after the date of the
enactment of this Act, the Commission, in consultation with
industry, parents, individuals with expertise in
communications technologies, parental controls, privacy, and
mental health, and any other appropriate entities as
determined by the Commission, shall--
(1) initiate a review of industry efforts to promote online
safety for minors through education, parental and child
safety tools, age-appropriate labels for content, privacy and
other safety settings, and any other relevant technologies or
initiatives; and
(2) examine the effectiveness of industry efforts
identified under paragraph (1) to mitigate online harms for
minors and provide recommendations for industry, Congress,
and agencies to improve online safety for minors.
(b) Submission of Report.--Not later than 3 years after the
date of the enactment of this Act, the Commission shall
submit to the relevant congressional committees a report with
any findings and recommendations resulting from the review
and examination required by subsection (a).
PART 4--STUDY ON CHATBOTS AND MENTAL HEALTH OF MINORS
SEC. 517. STUDY REQUIRED.
The Secretary of Health and Human Services, acting through
the Director of the National Institutes of Health, shall
conduct a 4-year longitudinal study to evaluate the risks and
benefits of chatbots with respect to the mental health of
minors, including with respect to loneliness, anxiety, social
skill building, social isolation, depression, self-harm, and
suicidal ideation.
SEC. 518. CONSULTATION.
In conducting the study required by section 517, the
Secretary, acting through the Director, shall consult with
the following:
(1) The Director of the National Institute of Mental
Health.
(2) Pediatric mental health experts.
(3) Technologists.
(4) Ethicists.
(5) Educators.
SEC. 519. REPORT.
Not later than 4 years after the date of the enactment of
this Act, the Secretary, acting through the Director, shall
submit to the relevant congressional committees and the
Committee on Health, Education, Labor, and Pensions of the
Senate a report on the results of the study required by
section 517 and any related recommendations.
Subtitle B--Education
PART 1--PROMOTING A SAFE INTERNET FOR MINORS ACT
SEC. 521. SHORT TITLE.
This part may be cited as the ``Promoting a Safe Internet
for Minors Act''.
SEC. 522. ONLINE SAFETY EDUCATION FOR MINORS.
(a) Amendment.--Subtitle A of the Protecting Children in
the 21st Century Act (15 U.S.C. 6551 et seq.) is amended--
(1) by striking sections 211 through 214 and 216 and
inserting the following:
``SEC. 211. PUBLIC AWARENESS AND EDUCATIONAL CAMPAIGN.
``Not later than 180 days after the date of the enactment
of this section, the Commission, in partnership with the
heads of other relevant agencies, State and local
governments, nonprofit organizations, schools, industry, law
enforcement, medical professionals, and other appropriate
entities, shall carry out a program throughout the United
States to promote the safe use of the internet by minors that
includes the following:
``(1) The identification, promotion, and encouragement of
best practices for educators, online platforms, minors, and
parents and guardians to protect minors online.
``(2) The establishment and implementation of an outreach
and education campaign throughout the United States that
promotes online safety for minors.
``(3) The facilitation of access to, and the exchange of,
information regarding online safety for minors to promote up-
to-date knowledge regarding harms and risks negatively
impacting or benefits positively impacting minors online.
``(4) The facilitation of access to publicly accessible
online safety education and public awareness efforts by other
relevant agencies, State and local governments, nonprofit
organizations, schools, industry, and other appropriate
entities.
``SEC. 212. ANNUAL REPORT.
``Not later than 1 year after the date of the enactment of
this section, and annually thereafter for 10 years, the
Commission shall submit to the Committee on Commerce,
Science, and Transportation of the Senate and the Committee
on Energy and Commerce of the House of Representatives a
report that describes the program carried out under section
211.
``SEC. 213. DEFINITIONS.
``In this subtitle:
``(1) Agency.--The term `agency' has the meaning given that
term in section 551 of title 5, United States Code.
``(2) Commission.--The term `Commission' means the Federal
Trade Commission.
``(3) Minor.--The term `minor' means an individual under
the age of 17.
``(4) Nonprofit organization.--The term `nonprofit
organization' means an organization that is described in
section 501(c)(3) of the Internal Revenue Code of 1986 and
exempt from taxation under section 501(a) of such Code.
``(5) Online safety.--The term `online safety' includes
issues regarding the use of the internet in a manner that
promotes safe online activity for minors through the
following:
``(A) Protecting minors from cybercrimes, access to
narcotics, tobacco products, gambling, alcohol, and other
adult content.
``(B) Preventing compulsive behavior online and other
adverse impacts on the physical and mental health of minors.
``(C) Facilitating the effective use of safeguards,
parental controls, and other tools to empower parents,
guardians, and minors to protect minors online.
``(6) State.--The term `State' means each of the several
States, the District of Columbia, each commonwealth,
territory, or possession of the United States, and each
federally recognized Indian Tribe.''; and
(2) by redesignating section 215 as section 214.
(b) Technical and Conforming Amendment.--The table of
contents of the Protecting Children in the 21st Century Act
(15 U.S.C. 6551 et seq.) is amended by striking the items
related to sections 211 through 216 and inserting the
following:
``Sec. 211. Public awareness and educational campaign.
``Sec. 212. Annual report.
``Sec. 213. Definitions.
``Sec. 214. Promoting online safety in schools.''.
[[Page H4287]]
PART 2--AI WARNINGS AND RESOURCES FOR EDUCATION (AWARE) ACT
SEC. 523. SHORT TITLE.
This part may be cited as the ``AI Warnings And Resources
for Education Act'' or the ``AWARE Act''.
SEC. 524. SAFE CHATBOT USE FOR MINORS.
(a) Educational Resources.--Not later than 1 year after the
date of the enactment of this Act, the Commission, in
consultation with relevant agencies, shall develop and make
available to the public educational resources for parents,
educators, and minors with respect to the safe and
responsible use of chatbots by minors.
(b) Contents.--The educational resources developed and made
available under subsection (a) shall include resources on the
following:
(1) The risks and benefits of chatbot use.
(2) Privacy and data collection practices.
(3) Best practices for parents supporting the safe use of
chatbots by minors.
(c) Youville.--The Commission, in a manner appropriate for
minors, shall model the educational resources developed and
made available under subsection (a) on the Youville program
of the Commission.
Subtitle C--Partnerships and Best Practices
SEC. 525. SHORT TITLE.
This subtitle may be cited as the ``Kids Internet Safety
Partnership Act''.
SEC. 526. KIDS INTERNET SAFETY PARTNERSHIP.
(a) Establishment.--Not later than 1 year after the date of
the enactment of this Act, the Secretary shall establish the
Kids Internet Safety Partnership.
(b) Director.--The Secretary shall appoint a Director to be
the head of the Partnership.
(c) Duties.--The duties of the Partnership shall be the
following:
(1) Coordinate with relevant agencies (including the
Commission) and stakeholders to identify the following:
(A) The risks for minors with respect to the use of
websites, online services, online applications, and mobile
applications.
(B) The benefits for minors with respect to the use of
websites, online services, online applications, and mobile
applications.
(C) Widely accepted or evidence-based best practices,
taking into account minors of different ages, to--
(i) address the risks identified under subparagraph (A);
and
(ii) preserve and enhance the benefits identified under
subparagraph (B).
(2) Not later than 1 year after the date on which the
Partnership is established, and every 2 years thereafter,
publish on a publicly available website a report that
details--
(A) the identifications made under paragraph (1); and
(B) the efficacy and adoption by websites, online services,
online applications, and mobile applications of--
(i) safeguards for minors; and
(ii) parental tools.
(3) Not later than 2 years after the date on which the
Partnership is established, publish on a publicly available
website a playbook for providers and developers of websites,
online services, online applications, and mobile applications
to facilitate the implementation of widely accepted or
evidence-based best practices that account for minors of
different ages and address the risks identified under
paragraph (1)(A) and preserve and enhance the benefits
identified under paragraph (1)(B), including best practices
with respect to the following:
(A) Age verification, assurance, and estimation techniques.
(B) Design features.
(C) Parental tools.
(D) Default privacy and account settings.
(E) Reporting systems and tools.
(F) Third-party safety software services.
(G) Limitations and opt-outs related to personalized
recommendation systems and chatbots.
(d) Stakeholders.--In coordinating with stakeholders as
required by subsection (c)(1), the Partnership shall
coordinate with the following:
(1) Academic experts with specific expertise with respect
to the prevention of risks for minors online.
(2) Researchers with specific expertise with respect to
social media.
(3) Parents and minors with demonstrated experience with
respect to the safety of minors online.
(4) Educators with demonstrated experience with respect to
the safety of minors online.
(5) Online platforms.
(6) Experts in academia and civil society with specific
expertise with respect to constitutional law, privacy, free
expression, access to information, and civil liberties.
(7) State attorneys general (or designees thereof who work
in State or local government).
(e) Sunset.--The Partnership shall terminate on the date
that is 5 years after the date on which the Partnership is
established.
(f) Definitions.--In this section:
(1) Parental tool.--The term ``parental tool''--
(A) means a tool that--
(i) the provider of a website, online service, online
application, or mobile application provides to a parent of a
user who such provider knows is a minor; and
(ii) the parent uses to support such user with respect to
the use of the website, service, or application; and
(B) includes a tool that allows a parent of a user who the
provider of such a website, service, or application knows is
a minor to--
(i) view or change the privacy and account settings of such
user;
(ii) grant or withdraw verifiable consent;
(iii) restrict the purchases and financial transactions of
such user;
(iv) view metrics of the total time spent on such website,
service, or application by such user;
(v) restrict time spent on such website, service, or
application by such user;
(vi) report illegal or harmful conduct on such website,
service, or application with respect to which such user may
be a victim; and
(vii) limit or opt-out of personalized recommendation
systems or chatbots.
(2) Partnership.--The term ``Partnership'' means the Kids
Internet Safety Partnership established under subsection (a).
(3) Secretary.--The term ``Secretary'' means the Secretary
of Commerce.
TITLE VI--KIDS PRIVACY PROTECTIONS
Subtitle A--COPPA 2.0
SEC. 601. SHORT TITLE.
This subtitle may be cited as the ``Children and Teens'
Online Privacy Protection Act''.
SEC. 602. ONLINE COLLECTION, USE, DISCLOSURE, AND DELETION OF
PERSONAL INFORMATION OF CHILDREN AND TEENS.
(a) Definitions.--Section 1302 of the Children's Online
Privacy Protection Act of 1998 (15 U.S.C. 6501) is amended--
(1) by amending paragraph (1) to read as follows:
``(1) Child.--The term `child' means an individual under
the age of 14.'';
(2) by amending paragraph (2) to read as follows:
``(2) Operator.--The term `operator'--
``(A) means any person--
``(i) who, for commercial purposes in interstate or foreign
commerce, operates or provides a website on the internet, an
online service, an online application, or a mobile
application; and
``(ii) who--
``(I) collects or maintains, either directly or through a
service provider, personal information from or about the
users of that website, service, or application;
``(II) allows another person to collect personal
information directly from users of that website, service, or
application (in which case, the operator is deemed to have
collected the information); or
``(III) allows users of that website, service, or
application to publicly disclose personal information (in
which case, the operator is deemed to have collected the
information); and
``(B) does not include any nonprofit entity that would
otherwise be exempt from coverage under section 5 of the
Federal Trade Commission Act (15 U.S.C. 45).'';
(3) in paragraph (4)--
(A) by amending subparagraph (A) to read as follows:
``(A) the release of personal information collected from a
child or teen by an operator for any purpose, except where
the personal information is provided to a person other than
an operator who--
``(i) provides support for the internal operations of the
website, online service, online application, or mobile
application of the operator, excluding any activity relating
to individual-specific advertising to children or teens; and
``(ii) does not disclose or use that personal information
for any other purpose; and''; and
(B) in subparagraph (B)--
(i) by inserting ``or teen'' after ``child'' each place the
term appears;
(ii) by striking ``website or online service'' and
inserting ``website, online service, online application, or
mobile application''; and
(iii) by striking ``actual knowledge'' and inserting
``knowledge'';
(4) by amending paragraph (8) to read as follows:
``(8) Personal information.--
``(A) In general.--The term `personal information' means
individually identifiable information about an individual
collected online, including--
``(i) a first and last name;
``(ii) a home or other physical address, including a street
name and a name of a city or town;
``(iii) an e-mail address;
``(iv) a telephone number;
``(v) a Social Security number;
``(vi) any other identifier that the Commission determines
permits the physical or online contacting of a specific
individual;
``(vii) a persistent identifier that can be used to
recognize a specific child or teen over time and across
different websites, online services, online applications, or
mobile applications, that--
``(I) includes--
``(aa) a customer number held in a cookie;
``(bb) an Internet Protocol (IP) address;
``(cc) a processor or device serial number; and
``(dd) a unique device identifier; and
``(II) excludes an identifier that is used by an operator
solely for providing support for the internal operations of
the website, online service, online application, or mobile
application;
``(viii) a photograph, video, or audio file that contains
the image or voice of a specific child or teen;
``(ix) geolocation information;
``(x) information generated from the measurement or
technological processing of an the biological, physical, or
physiological characteristics of an individual that is used
to identify an individual, including--
[[Page H4288]]
``(I) fingerprints;
``(II) voice prints;
``(III) iris or retina imagery scans;
``(IV) facial templates;
``(V) deoxyribonucleic acid (DNA) information; and
``(VI) gait; and
``(xi) information linked or reasonably linkable to a child
or teen or a parent of a child or teen (including any unique
identifier) that an operator collects online from the child
or teen and combines with an identifier described in this
subparagraph.
``(B) Exclusion.--The term `personal information' does not
include an audio file that contains the voice of a child or
teen if the operator--
``(i) does not request information via voice that would
otherwise be considered personal information under this
paragraph;
``(ii) provides clear notice of its collection and use of
the audio file and its deletion policy in its privacy policy;
``(iii) only uses the voice contained in the audio file as
a replacement for written words to perform a task or
otherwise engage with a website, online service, online
application, or mobile application, including by performing a
search and fulfilling a verbal instruction or request;
``(iv) only maintains the audio file during the period
necessary to complete the relevant task or engagement;
``(v) does not make any other use of the audio file during
such period; and
``(vi) deletes the audio file at the end of such period.
``(C) Support for the internal operations of a website,
online service, online application, or mobile application.--
``(i) In general.--For purposes of subparagraph (A)(vii),
the term `support for the internal operations of a website,
online service, online application, or mobile application'
means the activities necessary to such website, service, or
application to--
``(I) maintain or analyze functioning;
``(II) perform network communications;
``(III) authenticate users;
``(IV) personalize content;
``(V) serve contextual advertising to users (if any
persistent identifier is only used as necessary for technical
purposes to serve the contextual advertisement or cap the
frequency of contextual advertising;
``(VI) protect the security or integrity of the user,
website, online service, online application, or mobile
application;
``(VII) ensure legal or regulatory compliance, or
``(VIII) fulfill a request of a child or teen under
subparagraph (A), (B), or (C) of section 1303(b)(2).
``(ii) Condition.--Except as specifically permitted under
clause (i), information collected through the activities
described in clause (i) may not be used or disclosed to
contact a specific individual (including through individual-
specific advertising to children or teens), to amass a
profile on a specific individual, in connection with
processes that encourage or prompt use of a website or online
service, or for any other purpose.'';
(5) by amending paragraph (9) to read as follows:
``(9) Verifiable consent.--The term `verifiable consent'
means any reasonable effort (taking into consideration
available technology) by an operator, including a request for
authorization for future collection, use, and disclosure
described in the notice, to ensure that a parent of a child
(in the case of a child) or a teen (in the case of a teen)--
``(A) receives direct notice of the collection, use,
maintenance, and disclosure practices of the operator with
respect to personal information; and
``(B) before the personal information of the child or teen
is collected, freely and unambiguously authorizes--
``(i) the collection, use, maintenance, and disclosure, as
applicable, of the personal information; and
``(ii) any subsequent use of the personal information.'';
(6) in paragraph (10)--
(A) in the heading, by striking ``Website or online service
directed to children'' and inserting ``Website, online
service, online application, or mobile application directed
to children'';
(B) in subparagraph (A)--
(i) in the matter preceding clause (i), by striking
``website or online service directed to children'' and
inserting ``website, online service, online application, or
mobile application directed to children'';
(ii) in clause (i), by striking ``commercial website or
online service'' and inserting ``website, online service,
online application, or mobile application''; and
(iii) in clause (ii), by striking ``commercial website or
online service'' and inserting ``website, online service,
online application, or mobile application'';
(C) in subparagraph (B), by striking ``commercial website
or online service'' each place the term appears and inserting
``website, online service, online application, or mobile
application''; and
(D) by adding at the end the following new subparagraph:
``(C) Rule of construction.--In considering whether a
website, online service, online application, or mobile
application, or portion thereof, is directed to children, the
Commission shall apply a totality of circumstances test and
will also consider competent and reliable empirical evidence
regarding audience composition and evidence regarding the
intended audience of the website, online service, online
application, or mobile application.''; and
(7) by adding at the end the following:
``(13) Connected device.--The term `connected device' means
a device that is capable of connecting to the internet,
directly or indirectly, or to another connected device.
``(14) Online application.--The term `online application'--
``(A) means an internet-connected software program; and
``(B) includes a service or application offered via a
connected device.
``(15) Mobile application.--The term `mobile application'--
``(A) means a software program that runs on the operating
system of--
``(i) a cellular telephone;
``(ii) a tablet computer; or
``(iii) a similar portable computing device that transmits
data over a wireless connection; and
``(B) includes a service or application offered via a
connected device.
``(16) Geolocation information.--The term `geolocation
information' means information sufficient to identify a
street name and name of a city or town.
``(17) Teen.--The term `teen' means an individual who has
attained the age of 14 and is under the age of 18.
``(18) Individual-specific advertising to children or
teens.--
``(A) In general.--The term `individual-specific
advertising to children or teens' means advertising or any
other effort to market a product or service that is directed
to a specific child or teen or a connected device that is
linked or reasonably linkable to a child or teen based on--
``(i) personal information of--
``(I) the child or teen; or
``(II) a group of children or teens who are similar in sex,
age, household income level, race, or ethnicity to the
specific child or teen to whom the product or service is
marketed;
``(ii) profiling of such child or teen or group of children
or teens; or
``(iii) a unique identifier of such connected device.
``(B) Exclusions.--The term `individual-specific
advertising to children or teens' shall not include--
``(i) advertising or marketing to an individual or to a
device of an individual in response to a specific request by
the individual for information or feedback, such as a search
query by a child or teen;
``(ii) contextual advertising, including if an
advertisement is displayed based on the content of the
website, online service, online application, mobile
application, or connected device on which the advertisement
appears and does not vary based on personal information of an
individual who views the advertisement;
``(iii) processing personal information solely for
measuring or reporting advertising or content performance,
reach, or frequency, including independent measurement; or
``(iv) advertising or marketing directed to a connected
device used by both adult and child or teen members of a
household, if such advertising or marketing is directed to a
profile of an adult user.
``(C) Rule of construction.--Nothing in subparagraph (A)
shall be construed to prohibit an operator with actual
knowledge or an operator who should have known that a user is
under the age of 18 from delivering advertising or marketing
that is age-appropriate and intended for a child or teen
audience, if the operator does not use any personal
information other than whether the user is under the age of
18.
``(19) Educational agency or institution.--The term
`educational agency or institution' means--
``(A) a State educational agency or a local educational
agency (as such terms are defined in section 8101 of the
Elementary and Secondary Education Act of 1965 (20 U.S.C.
7801)); or
``(B) an institutional day or residential school, including
a public school (including a charter school) or a private
school, that provides elementary or secondary education, as
determined under State law.
``(20) Knowledge.--The term `knowledge' means the operator
has actual knowledge or should have known that a user is a
child or teen.''.
(b) Online Collection, Use, Disclosure, and Deletion of
Personal Information of Children and Teens.--Section 1303 of
the Children's Online Privacy Protection Act of 1998 (15
U.S.C. 6502) is amended--
(1) by striking the heading and inserting the following:
``online collection, use, disclosure, and deletion of
personal information of children and teens.'';
(2) in subsection (a)--
(A) by amending paragraph (1) to read as follows:
``(1) In general.--It is unlawful for an operator of a
website, online service, online application, or mobile
application directed to children or for any operator of a
website, online service, online application, or mobile
application with actual knowledge or any operator of a
website, online service, online application, or mobile
application who should have known that a user is a child or
teen to do any of the following:
``(A) Collect personal information from a child or teen in
a manner that violates the regulations promulgated under
subsection (b).
``(B) Collect, use, disclose to third parties, or maintain
personal information of a child
[[Page H4289]]
or teen for purposes of individual-specific advertising to
children or teens (or to allow another person to collect,
use, disclose, or maintain such information for such
purpose);
``(C) Otherwise collect the personal information of a child
or teen, except if the collection of the personal information
is--
``(i) consistent with the context of a particular
transaction or service or the relationship of the child or
teen with the operator, including any collection necessary to
fulfill a transaction or provide a product or service
requested by the child or teen; or
``(ii) authorized or required by Federal law (including a
regulation promulgated under subsection (b)) or State law.
``(D) Store or transfer the personal information of a child
or teen outside of the United States, unless the operator
provides direct notice to a parent of the child (in the case
of a child) or to the teen (in the case of a teen) of such
storage or transfer.
``(E) Retain the personal information of a child or teen
for longer than is reasonably necessary to fulfill a
transaction or provide a service requested by the child or
teen, except as authorized or required by Federal or State
law.''; and
(B) in paragraph (2)--
(i) in the heading, by striking ``parent'' and inserting
``parent or teen'';
(ii) by striking ``Notwithstanding paragraph (1)'' and
inserting ``Notwithstanding paragraph (1)(A)'';
(iii) by striking ``of such a website or online service'';
and
(iv) by striking ``subsection (b)(1)(B)(iii) to the parent
of a child'' and inserting ``subsection (b)(1)(B)(iv) to a
parent of a child or under subsection (b)(1)(C)(iv) to a
teen'';
(3) in subsection (b)--
(A) in paragraph (1)--
(i) in subparagraph (A)--
(I) in the matter preceding clause (i), by striking ``the
operator of any website'' and all that follows through ``from
a child'' and inserting ``an operator of a website, online
service, online application, or mobile application directed
to children or for any operator of a website, online service,
online application, or mobile application with actual
knowledge or any operator of a website, online service,
online application, or mobile application who should have
known that a user is a child or teen'';
(II) in clause (i)--
(aa) by striking ``notice on the website'' and inserting
``clear and conspicuous notice on the website, service, or
application'';
(bb) by inserting ``or teens'' after ``children'';
(cc) by striking ``, and the operator's disclosure
practices'' and inserting ``, the disclosure practices of the
operator''; and
(dd) by striking ``; and'' and inserting ``, the rights and
opportunities available to a parent of a child or teen under
subparagraphs (B) and (C), and the procedures or mechanisms
the operator uses to ensure that personal information is not
collected from children or teens (except as permitted by the
regulations promulgated under this subsection);'';
(III) in clause (ii)--
(aa) by striking ``parental'';
(bb) by inserting ``or teens'' after ``children'';
(cc) by striking the semicolon at the end and inserting ``;
and''; and
(IV) by inserting after clause (ii) the following new
clause:
``(iii) to obtain verifiable consent from a parent of a
child (in the case of a child) or from a teen (in the case of
a teen) before using or disclosing personal information of
the child or teen for any purpose that is a material change
from the original purposes and disclosure practices specified
to the parent of the child or the teen under clause (i);'';
(ii) in subparagraph (B)--
(I) in the matter preceding clause (i), by striking ``that
website or online service'' and inserting ``the operator'';
(II) in clause (i), by striking ``that operator'' and
inserting ``the operator, the method by which the operator
obtains the personal information, and the purposes for which
the operator collects, uses, discloses, and retains the
personal information'';
(III) in clause (ii)--
(aa) by inserting ``to delete personal information
collected from the child or content or information submitted
by the child to a website, online service, online
application, or mobile application and'' after ``the
opportunity at any time''; and
(bb) by striking ``; and'' and inserting a semicolon;
(IV) by redesignating clause (iii) as clause (iv) and
inserting after clause (ii) the following new clause:
``(iii) the opportunity to challenge the accuracy of the
personal information and, if the parent of the child
establishes the inaccuracy of the personal information, to
have the inaccurate personal information corrected;''; and
(V) in clause (iv), as so redesignated, by inserting ``, if
such information is available to the operator at the time the
parent makes the request'' before the semicolon;
(iii) by redesignating subparagraphs (C) and (D) as
subparagraphs (D) and (E), respectively;
(iv) by inserting after subparagraph (B) the following new
subparagraph:
``(C) require the operator to provide, upon the request of
a teen who has provided personal information to the operator,
upon proper identification of the teen--
``(i) a description of the specific types of personal
information collected from the teen by the operator, the
method by which the operator obtained the personal
information, and the purposes for which the operator
collects, uses, discloses, and retains the personal
information;
``(ii) the opportunity at any time to delete personal
information collected from the teen or content or information
submitted by the teen to a website, online service, online
application, or mobile application and to refuse to permit
the further use or maintenance in retrievable form, or online
collection, of personal information from the teen by the
operator;
``(iii) the opportunity to challenge the accuracy of the
personal information and, if the teen establishes the
inaccuracy of the personal information, to have the
inaccurate personal information corrected; and
``(iv) a means that is reasonable under the circumstances
for the teen to obtain any personal information collected
from the teen, if such information is available to the
operator at the time the teen makes the request;'';
(v) in subparagraph (D), as so redesignated--
(I) by striking ``a child's participation'' and inserting
``the participation of a child or teen''; and
(II) by inserting ``or teen'' after ``the child''; and
(vi) by amending subparagraph (E), as so redesignated, to
read as follows:
``(E) require the operator--
``(i) to establish, implement, and maintain reasonable
security practices to protect the confidentiality, integrity,
and accessibility of personal information of children or
teens collected by the operator; and
``(ii) to protect such personal information against
unauthorized access.'';
(B) in paragraph (2)--
(i) in the matter preceding subparagraph (A), by striking
``verifiable parental consent'' and inserting ``verifiable
consent'';
(ii) in subparagraph (A)--
(I) by inserting ``or teen'' after ``collected from a
child'';
(II) by inserting ``or teen'' after ``request from the
child''; and
(III) by inserting ``or teen or to contact another child or
teen'' after ``to recontact the child'';
(iii) in subparagraph (B)--
(I) by striking ``parent or child'' and inserting ``parent
or teen''; and
(II) by striking ``parental consent'' each place the term
appears and inserting ``verifiable consent'';
(iv) in subparagraph (C)--
(I) in the matter preceding clause (i), by inserting ``or
teen'' after ``child'' each place the term appears;
(II) in clause (i)--
(aa) by inserting ``or teen'' after ``child'' each place
the term appears; and
(bb) by inserting ``or teen, as applicable,'' after
``parent'' each place the term appears; and
(III) in clause (ii)--
(aa) by striking ``without notice to the parent'' and
inserting ``without notice to the parent or teen, as
applicable,''; and
(bb) by inserting ``or teen'' after ``child'' each place
the term appears; and
(v) in subparagraph (D)--
(I) in the matter preceding clause (i), by inserting ``or
teen'' after ``child'' each place the term appears;
(II) in clause (ii), by inserting ``or teen'' after
``child''; and
(III) in the flush text following clause (iii)--
(aa) by inserting ``or teen, as applicable,'' after
``parent'' each place the term appears; and
(bb) by inserting ``or teen'' after ``child'';
(C) by redesignating paragraph (3) as paragraph (4) and
inserting after paragraph (2) the following new paragraph:
``(3) Application to operators acting under agreements with
educational agencies or institutions.--The regulations may
provide that verifiable consent under paragraph (1)(A)(ii) is
not required for an operator that acts under a written
agreement with an educational agency or institution that, at
a minimum, requires the--
``(A) operator to--
``(i) limit the collection, use, and disclosure by the
operator of the personal information from a child or teen to
solely educational purposes and for no other commercial
purposes;
``(ii) provide the educational agency or institution with a
notice of the specific types of personal information the
operator will collect from the child or teen, the method by
which the operator will obtain the personal information, and
the purposes for which the operator will collect, use,
disclose, and retain the personal information;
``(iii) provide to the educational agency or institution a
link regarding the disclosure practices of the operator
described in subsection (b)(1)(A)(i); and
``(iv) provide the educational agency or institution, upon
request, with a means to review the personal information
collected from a child or teen, to prevent further use or
maintenance or future collection of personal information from
a child or teen, and to delete personal information collected
from a child or teen or content or information submitted by a
child or teen to website, online service, online application,
or mobile application of the operator;
``(B) representative of the educational agency or
institution to acknowledge and agree that the representative
has authority
[[Page H4290]]
to authorize the collection, use, and disclosure of personal
information from children or teens on behalf of the
educational agency or institution, along with such
authorization, the name of the representative, and the title
of the representative at the educational agency or
institution; and
``(C) educational agency or institution to--
``(i) provide on a website of the educational agency or
institution a notice that identifies the operator with which
the educational agency or institution has entered into a
written agreement under this subsection and provides the link
described in subparagraph (A)(iii);
``(ii) upon request, provide the notice described in
subparagraph (A)(ii) to a parent (in the case of a child) or
a parent or teen (in the case of a teen); and
``(iii) upon the request of such a parent or teen, request
the operator provide a means to review the personal
information of such a child or teen and provide the parent or
teen a means to review the personal information.'';
(D) by amending paragraph (4), as so redesignated, to read
as follows:
``(4) Termination of service.--The regulations shall permit
the operator of a website, online service, online
application, or mobile application to terminate service
provided to a child for whom a parent has refused or a teen
who has refused (under the regulations promulgated under
paragraphs (1)(B)(ii) and (1)(C)(ii), respectively) to permit
the operator any further use or maintenance, in retrievable
form or future online collection, of personal information
from the child or teen.''; and
(E) by adding at the end the following new paragraphs:
``(5) Continuation of service.--The regulations shall
prohibit an operator from discontinuing service provided to a
child or teen on the basis of a request by a parent of the
child or by the teen (under the regulations promulgated under
subparagraph (B) or (C) of paragraph (1), respectively) to
delete personal information collected from the child or teen,
to the extent that the operator is capable of providing such
service without such personal information.
``(6) Rule of construction.--A request to delete or correct
personal information of a child or teen (under the
regulations promulgated under subparagraph (B) or (C) of
paragraph (1), respectively) may not be construed to do any
of the following:
``(A) Limit the authority of a law enforcement agency to
obtain any content or information from an operator pursuant
to a lawfully executed warrant or an order of a court of
competent jurisdiction.
``(B) Require an operator or third party to delete or
correct information that--
``(i) any other provision of Federal or State law requires
the operator or third party to maintain; or
``(ii) was submitted to the website, online service, online
application, or mobile application of the operator by any
person other than the user who is attempting to erase or
otherwise eliminate the content or information, including
content or information submitted by the user that was
republished or resubmitted by another person.
``(C) Prohibit an operator from doing any of the following:
``(i) Retaining a record of the deletion request and the
minimum information necessary for the purposes of ensuring
compliance with a request made pursuant to subparagraph (B)
or (C) of paragraph (1).
``(ii) Preventing, detecting, protecting against, or
responding to any security incident, identity theft, or
fraud, or reporting a person responsible for any such action.
``(iii) Protecting the integrity or security of a website,
online service, online application or mobile application.
``(iv) Ensuring that any such personal information remains
deleted.
``(7) Common verifiable consent mechanism.--
``(A) In general.--
``(i) Feasibility of mechanism.--The Commission, with
notice and public comment, shall assess the feasibility of
allowing operators the option to use a common verifiable
consent mechanism that fully meets the requirements of this
title.
``(ii) Requirements.--The feasibility assessment required
by clause (i) shall consider whether a single operator could
use a common verifiable consent mechanism to obtain the
verifiable consent required by this title from a parent of a
child or from a teen on behalf of multiple listed operators
that provide a joint or related service.
``(B) Report.--Not later than 1 year after the date of the
enactment of this paragraph, the Commission shall submit to
the Committee on Commerce, Science, and Transportation of the
Senate and the Committee on Energy and Commerce of the House
of Representatives a report with the findings of the
feasibility assessment required by subparagraph (A)(i).
``(C) Regulations.--If the Commission finds that the use of
a common verifiable consent mechanism is feasible and would
meet the requirements of this title, the Commission shall
issue regulations to permit the use of a common verifiable
consent mechanism in accordance with the findings outlined in
such report.''; and
(4) in subsection (c), by striking ``a regulation
prescribed under subsection (a)'' and inserting
``subparagraph (B), (C), (D), or (E) of subsection (a)(1) or
of a regulation promulgated under subsection (b)''.
(c) Safe Harbors.--Section 1304 of the Children's Online
Privacy Protection Act of 1998 (15 U.S.C. 6503) is amended--
(1) in subsection (b)(1), by inserting ``and teens'' after
``children''; and
(2) by adding at the end the following:
``(d) Publication.--
``(1) In general.--Except as provided in paragraph (2), the
Commission shall publish on the internet website of the
Commission any report or documentation required by regulation
to be submitted to the Commission to carry out this title.
``(2) Restrictions on publication.--Notwithstanding the
publication requirement described in paragraph (1), the
restrictions described in sections 6(f) and section 21 of the
Federal Trade Commission Act (15 U.S.C. 46(f); 57b-2)
applicable to the disclosure of information obtained by the
Commission shall apply in the same manner to any publication
under paragraph (1).''.
(d) Actions by States.--Section 1305 of the Children's
Online Privacy Protection Act of 1998 (15 U.S.C. 6504) is
amended--
(1) in subsection (a)(1)--
(A) in the matter preceding subparagraph (A), by inserting
``section 1303(a)(1) or'' before ``any regulation''; and
(B) in subparagraph (B), by inserting ``section 1303(a)(1)
or'' before ``the regulation''; and
(2) in subsection (d)--
(A) by inserting ``section 1303(a)(1) or'' before ``any
regulation''; and
(B) by inserting ``section 1303(a)(1) or'' before ``that
regulation''.
(e) Administration and Applicability of Act.--Section 1306
of the Children's Online Privacy Protection Act of 1998 (15
U.S.C. 6505) is amended--
(1) in subsection (b)--
(A) in paragraph (1), by striking ``, in the case of'' and
all that follows through ``the Board of Directors of the
Federal Deposit Insurance Corporation;'' and inserting the
following: ``by the appropriate Federal banking agency with
respect to any insured depository institution (as such terms
are defined in section 3 of such Act (12 U.S.C. 1813));'';
and
(B) by striking paragraph (2); and
(C) by redesignating paragraphs (3) through (6) as
paragraphs (2) through (5), respectively;
(2) in subsection (d)--
(A) by striking ``a rule of the Commission under section
1303'' and inserting ``section 1303(a)(1) or a regulation
promulgated under section 1303(b)''; and
(B) by striking ``such rule'' and inserting ``such section
or such a regulation''; and
(3) by adding at the end the following new subsections:
``(f) Rule of Construction on Age Verification.--Nothing in
this title may be construed to require an operator to
implement an age gating or age verification functionality on
a website, online service, online application, or mobile
application of the operator.
``(g) Additional Requirement.--Any regulation promulgated
under this title shall include a description and analysis of
the impact of proposed and final rules on small entities
under chapter 6 of title 5, United States Code (commonly
known as the `Regulatory Flexibility Act').''.
SEC. 603. STUDY AND REPORTS OF MOBILE AND ONLINE APPLICATION
OVERSIGHT AND ENFORCEMENT.
(a) Oversight Report.--Not later than 3 years after the
date of the enactment of this subtitle, the Commission shall
submit to the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on Energy and
Commerce of the House of Representatives a report on the
processes of platforms that offer mobile and online
applications for ensuring that, of those applications that
are websites, online services, online applications, or mobile
applications directed to children, the applications operate
in accordance with--
(1) this subtitle, the amendments made by this subtitle,
and regulations promulgated under this subtitle; and
(2) any regulation under section 18(a)(1)(B) of the Federal
Trade Commission Act (15 U.S.C. 57a(a)(1)(B)) regarding
unfair or deceptive acts or practices with respect to
marketing.
(b) Enforcement Report.--Not later than 1 year after the
date of the enactment of this subtitle, and annually
thereafter, the Commission shall submit to the Committee on
Commerce, Science, and Transportation of the Senate and the
Committee on Energy and Commerce of the House of
Representatives a report that addresses the following:
(1) The number of actions brought by the Commission during
the reporting year to enforce the Children's Online Privacy
Protection Act of 1998 (15 U.S.C. 6501 et seq.) (referred to
in this subsection as the ``Act'') and the outcome of each
such action.
(2) The total number of investigations or inquiries into
potential violations of the Act during the reporting year.
(3) The total number of open investigations or inquiries
into potential violations of the Act as of the date on which
the report is submitted.
(4) The number and nature of complaints received by the
Commission relating to an allegation of a violation of the
Act during the reporting year.
(5) Policy or legislative recommendations to strengthen
online protections for children and teens.
SEC. 604. GAO STUDY.
(a) Study.--The Comptroller General of the United States
shall conduct a study on
[[Page H4291]]
the privacy and mental health of teens who use financial
technology products that shall do the following:
(1) Identify the type of financial technology products that
teens use.
(2) Identify the potential risks to the privacy and mental
health of teens that may result from the use of such
financial technology products.
(3) Determine whether existing laws are sufficient to
address any such risks.
(b) Report.--Not later than 1 year after the date of the
enactment of this section, the Comptroller General shall
submit to Congress a report that details the results of the
study conducted under subsection (a) and recommendations for
any legislative or administrative action as the Comptroller
General determines appropriate.
SEC. 605. SEVERABILITY.
If any provision of this subtitle, or any amendment made by
this subtitle, is determined to be unenforceable or invalid,
the remaining provisions of and amendments made by this
subtitle shall not be affected.
Subtitle B--Data Broker Disclosures
SEC. 611. DEFINITIONS.
In this subtitle:
(1) Covered data broker.--
(A) In general.--The term ``covered data broker'' means an
entity that, for valuable consideration, sells, licenses,
rents, trades, transfers, releases, discloses, provides
access to, or otherwise makes available to another entity
personal data of an individual the data brokers knows is a
minor that the entity did not collect directly from such
individual to another entity that is not acting as a service
provider.
(B) Exception.--The term ``covered data broker'' does not
include an entity to the extent that the entity does any of
the following:
(i) Transmits personal data of an individual, including any
communication of such individual, at the request or direction
of such individual.
(ii) Provides, maintains, or offers a product or service
with respect to which personal data, or access to such data,
is not the product or service.
(iii) Reports or publishes news or information that
concerns local, national, or international events or other
matters of public interest.
(iv) Acts as a service provider.
(2) Knows.--The term ``knows'' means to have actual
knowledge or willful disregard.
(3) Minor.--The term ``minor'' means an individual under
the age of 18 years.
(4) Personal data.--The term ``personal data'' has the
meaning given the term ``personal information'' in section
1302 of the Children's Online Privacy Protection Act of 1998
(15 U.S.C. 6501) (as amended by section 602(a)(4) of this
Act).
(5) Service provider.--The term ``service provider'' means
an entity that--
(A) collects, processes, or transfers personal data on
behalf of and at the direction of--
(i) the minor to whom such information pertains;
(ii) a parent of such a minor;
(iii) a Federal, State, or local government entity; or
(iv) an entity acting as a covered data broker or another
service provider; and
(B) receives data from or on behalf of an individual or
entity described in subparagraph (A).
SEC. 612. REGISTRATION REQUIREMENT.
(a) Data Broker Registration.--Not later than 12 months
after the date of the enactment of this subtitle, and
annually thereafter, a covered data broker shall register
with the Commission by paying the registration fee set by the
Commission under subsection (c) and by filing a registration
statement that includes the following information:
(1) The legal name of the covered data broker.
(2) A contact person and the primary physical address,
human-monitored email address, human-monitored telephone
number, and website address for the covered data broker.
(3) A description of each category of personal data sold by
the covered data broker.
(4) A statement of whether the covered data broker
implements a purchaser credentialing process.
(5) A description of any incident of unauthorized access to
personal data that the covered data broker has reported to a
Federal or State governmental entity pursuant to an
applicable law, rule, or regulation during the year before
the year in which the registration is filed and, if known,
the total number of consumers affected by each previously
reported incident of such unauthorized access.
(b) Data Broker Registry.--Not later than 18 months after
the date of the enactment of this subtitle, the Commission
shall establish and maintain on a publicly available website
of the Commission a searchable, central registry of covered
data brokers registered under subsection (a) that includes--
(1) a search feature that allows members of the public to
search for and identify covered data brokers; and
(2) for each covered data broker, the information required
by paragraphs (1) through (5) of subsection (a).
(c) Annual Registration Fee.--The Commission may charge a
covered data broker an annual registration fee of at least
$22,500 (as adjusted on January 1 each year by the percentage
increase (if any), during the preceding 12-month period, in
the Consumer Price Index for All Urban Consumers published by
the Bureau of Labor Statistics).
SEC. 613. RULE OF CONSTRUCTION.
Compliance with this subtitle shall not relieve a covered
data broker of an obligation to register with any State
covered data broker registry.
TITLE VII--GENERAL PROVISIONS
SEC. 701. ENFORCEMENT.
(a) Enforcement by Commission.--
(1) Unfair or deceptive acts or practices.--A violation of
this Act shall be treated as a violation of a regulation
under section 18(a)(1)(B) of the Federal Trade Commission Act
(15 U.S.C. 57a(a)(1)(B)) regarding unfair or deceptive acts
or practices.
(2) Powers of commission.--The Commission shall enforce
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, and any person who violates this
Act shall be subject to the penalties and entitled to the
privileges and immunities provided in the Federal Trade
Commission Act.
(3) Authority preserved.--Nothing in this title may be
construed to limit the authority of the Commission under any
other provision of law.
(b) Actions by States.--
(1) In general.--In any case in which the attorney general
of a State, or an official or agency of a State, has reason
to believe that an interest of the residents of such State
has been or is threatened or adversely affected by an act or
practice in violation of this Act, the State, as parens
patriae, may bring a civil action on behalf of the residents
of the State in an appropriate district court of the United
States to--
(A) enjoin such act or practice;
(B) enforce compliance with this Act;
(C) obtain damages, restitution, or other compensation on
behalf of residents of the State; or
(D) obtain such other legal and equitable relief as the
court may consider to be appropriate.
(2) Notice.--Before filing an action under this subsection,
the attorney general, official, or agency of the State
involved shall provide to the Commission a written notice of
such action and a copy of the complaint for such action. If
the attorney general, official, or agency determines that it
is not feasible to provide the notice described in this
paragraph before the filing of the action, the attorney
general, official, or agency shall provide written notice of
the action and a copy of the complaint to the Commission
immediately upon the filing of the action.
(3) Authority of commission.--
(A) In general.--On receiving notice under paragraph (2) of
an action under this subsection, the Commission shall have
the right--
(i) to intervene in the action;
(ii) upon so intervening--
(I) to be heard on all matters arising therein; and
(II) to file petitions for appeal.
(B) Limitation on state action while federal action is
pending.--If the Commission or the Attorney General of the
United States has instituted a civil action for violation of
this Act (referred to in this subparagraph as the ``Federal
action''), no State attorney general, official, or agency may
bring an action under this subsection during the pendency of
the Federal action against any defendant named in the
complaint in the Federal action for any violation of this Act
alleged in such complaint.
(4) Rule of construction.--For purposes of bringing a civil
action under this subsection, nothing in this Act may be
construed to prevent an attorney general, official, or agency
of a State from exercising the powers conferred on the
attorney general, official, or agency by the laws of such
State to conduct investigations, administer oaths and
affirmations, or compel the attendance of witnesses or the
production of documentary and other evidence.
SEC. 702. JUDICIAL REVIEW.
The United States District Court for the District of
Columbia shall have exclusive jurisdiction over any challenge
to the constitutionality of this Act or the constitutionality
of any action, finding, or determination under this Act.
SEC. 703. RULES OF CONSTRUCTION.
Nothing in this Act may be construed to do any of the
following:
(1) Allow a governmental entity to enforce this Act based
on a viewpoint expressed by or through any speech,
expression, or information protected by the First Amendment
to the Constitution of the United States.
(2) Prevent--
(A) the taking of reasonable measures to block or filter
spam, prevent criminal activity, or protect the security of a
platform or service; or
(B) compliance with the duties and reporting requirements
set forth in 18 U.S.C. 2258A.
(3) Require the disclosure of the browsing behavior, search
history, messages, contact list, or other content or metadata
of the communications of a minor.
(4) Limit or impair 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.
(5) Expand, limit the scope of, or alter the meaning of
section 230 of the Communications Act of 1934 (47 U.S.C.
230).
[[Page H4292]]
(6) Restrict the ability to do any of the following:
(A) Cooperate with a law enforcement agency regarding
activity reasonably and in good faith believed to violate a
Federal, State, or local law, rule, or regulation.
(B) Comply with a lawful civil, criminal, or regulatory
inquiry, subpoena, or summons from a Federal, State, local,
or other governmental authority.
(C) Investigate, establish, exercise, respond to, or defend
against a legal claim.
(D) Prevent, detect, or respond to a security incident,
identity theft, fraud, harassment, or any other malicious,
deceptive, or illegal activity.
(E) Investigate or report a person responsible for an
activity described in subparagraph (D).
(7) Decrypt or ensure an ability to decrypt an encrypted
communication of a user.
(8) Preclude the use of any form of encryption, including
end-to-end encryption, for any communication of a user.
(9) Require indefinite retention of data of a user.
(10) Require the affirmative collection of any personal
information with respect to age that is not already collected
in the normal course of business.
SEC. 704. RELATIONSHIP TO STATE LAWS.
(a) In General.--The provisions of this Act shall preempt
any law, rule, requirement, or regulation of a State, or a
political subdivision of a State, only to the extent that
such law, rule, requirement, or regulation conflicts with a
provision of this Act.
(b) Exception.--Notwithstanding subsection (a), nothing in
this Act may be construed--
(1) to preempt any law, rule, requirement, or regulation of
a State, or political subdivision of a State, with respect to
contract, tort, or product liability; or
(2) to prohibit a State, or a political subdivision of a
State, from enacting or enforcing any law, rule, requirement,
or regulation that provides greater protection to minors than
the protection provided by the provisions of this Act.
(c) Children's Online Privacy Protection Act.--Section 1303
of the Children's Online Privacy Protection Act of 1998 (15
U.S.C. 6502) is amended by striking subsection (d) and
inserting the following:
``(d) Relationship to State Law.--
``(1) In general.--The provisions of this title shall
preempt any law, rule, requirement, or regulation of a State,
or a political subdivision of a State, only to the extent
that such law, rule, requirement, or regulation conflicts
with a provision of this title.
``(2) Exception.--Notwithstanding paragraph (1), nothing in
this title may be construed--
``(A) to preempt any law, rule, requirement, or regulation
of a State, or political subdivision of a State, with respect
to contract, tort, or product liability; or
``(B) to prohibit a State, or a political subdivision of a
State, from enacting or enforcing any law, rule, requirement,
or regulation that provides greater protection to minors than
the protection provided by the provisions of this title.''.
SEC. 705. SEVERABILITY.
If any provision of this Act or the application of this Act
to any person or circumstance is held to be unconstitutional,
the remaining provisions of this Act and the application of
this Act to other persons or circumstances shall not be
affected.
SEC. 706. EFFECTIVE DATE.
Except as otherwise provided in this Act, this Act shall
take effect on the date that is 1 year after the date of the
enactment of this Act.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
Kentucky (Mr. Guthrie) and the gentleman from New Jersey (Mr. Pallone)
each will control 20 minutes.
The Chair recognizes the gentleman from Kentucky.
General Leave
Mr. GUTHRIE. Mr. Speaker, I ask unanimous consent that all Members
may have 5 legislative days to revise and extend their remarks and
include extraneous material on H.R. 7757.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Kentucky?
There was no objection.
Mr. GUTHRIE. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, I rise today in strong support of H.R. 7757, the Kids
Internet and Digital Safety Act, or the KIDS Act.
This legislation is the most comprehensive, impactful children's
online safety package Congress has considered.
I thank Ranking Member Pallone for his partnership and leadership on
this issue. Protecting children should not be a partisan issue, and I
appreciate his commitment and working with us to find common ground to
address the very real challenges facing families today.
Before I continue, I will recognize two parents who are with us in
the gallery today: Deb Schmill, mother of Becca, and Maurine Molak,
mother of David. They have experienced every parent's worst nightmare:
losing a child because of online harms.
Mr. Speaker, I thank them for their courage in sharing their stories
and for turning unimaginable loss into tireless advocacy to help
protect other children and families. Their presence here today reminds
us of what is at stake, and their voices have helped shape this
legislation.
A key part of our approach was negotiating a package of impactful
provisions. We worked hard to reach a workable compromise. The KIDS Act
incorporates 13 bipartisan Member priorities from across the House to
empower parents, protect children's and teens' privacy, and hold Big
Tech and online forums accountable.
The bill requires platforms to protect kids by default, including
limiting addictive and dangerous design features and risky messaging
functions.
It gives parents stronger tools to monitor and manage their
children's online experiences, establishes safeguards for AI chatbots,
creates new protections in online gaming environments, and requires age
verification for pornography websites to ensure kids cannot access
explicit content.
The legislation also modernizes children's privacy protections by
requiring parental consent before collecting information from children
under 14 and extending important new privacy protections to teenagers
under 18.
At its core, this legislation sends a simple message: Children
deserve a safer online experience, parents deserve a greater voice in
their children's digital lives, and technology companies must be held
accountable when they fail to protect young users.
While no single bill will solve every challenge facing families
online, this legislation represents a significant and long-overdue step
forward in establishing meaningful safeguards. It is an important
milestone, not a finish line, in the effort to better protect children
online and hold bad actors accountable.
Mr. Speaker, I urge my colleagues to support this bipartisan
legislation, and I reserve the balance of my time.
The SPEAKER pro tempore. Members are reminded not to refer to persons
in the gallery.
Mr. PALLONE. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, I rise today in strong support of the KIDS Act, which
is, as my chairman has mentioned, bipartisan legislation to protect
kids online and rein in Big Tech. I thank Chairman Guthrie for all his
work on this.
The internet, social media, and now artificial intelligence have
profoundly changed how kids and teens connect with families and
friends, how they learn about what is happening around them, and how
they participate in an ever-changing online world.
While there have been positive advancements, our kids are also
suffering from Big Tech's choke hold on their attention and their
relentless pursuit to keep them connected to their platforms. Big Tech
is using reckless practices to surveil our kids and teens, exploit
vulnerabilities to turn a profit, and promote engagement regardless of
the consequences.
For too long, Big Tech has had a free pass while kids and teens face
real harm online, including predatory design features, dangerous AI
chatbots, and data brokers profiting off of their personal information.
We simply cannot allow this to continue. It is long past time for
Congress to step in and pass legislation that protects our kids and
teens and reins in Big Tech.
Now, the bipartisan KIDS Act does just that. It is a comprehensive
bill that addresses a problem everyone in Congress cares deeply about,
and that is keeping kids and teens safe online.
The KIDS Act mandates safeguards, parental tools, and policies across
video games and social media platforms, including social gaming
platforms like Roblox and chatbots. Platforms are required to limit
addictive design features, restrict sharing minors' geolocation data,
turn off personalized recommendation systems that drive user
engagement, and a lot more.
The KIDS Act also changes the business incentives driving Big Tech's
desire to keep kids on their platforms by protecting minors' data and
expanding these critical privacy protections from the current age of 12
to teens up to the age of 17.
The bill also bans targeted advertising to kids and teens and ensures
[[Page H4293]]
that websites can collect and retain only limited kids' data that is
necessary to provide a product or service.
It also requires data brokers that sell minors' data to register with
the Federal Trade Commission and pay an annual fee, bringing
transparency to a secretive process and a crucial first step toward
ending the practice of data brokers selling kids' data.
Mr. Speaker, I can't express enough gratitude to all the parents who
have shared their stories and fought for Congress to come together to
take action to save other parents from ever experiencing what they went
through.
I know there are parents who would like Congress to go even further
in the KIDS Act. I will be clear: The KIDS Act is a floor, not a
ceiling. The preemption language in the KIDS Act is written with the
explicit intent of ensuring that States have the authority to pass and
enforce stronger State laws, including those with a duty of care. It is
also intended to ensure that ongoing lawsuits against social media
companies, chatbot providers, and social gaming companies brought by
State attorneys general and attorneys on behalf of parents and kids can
continue, including those based on a duty of care and consumer
protection laws.
I am proud to lead this legislation alongside Chairman Guthrie. For
many months now, the Energy and Commerce Committee has been working on
legislative solutions to protect our kids and teens online, and this
comprehensive, bipartisan bill is the result of those ongoing
negotiations. This is an example of the Energy and Commerce Committee
at its best.
Mr. Speaker, I am also grateful for the tireless work of
Representative Castor, a senior committee member, who has been a
steadfast champion of the strongest possible protection for kids
online.
Mr. Speaker, I urge my colleagues to vote ``yes'' on the KIDS Act to
make the internet a safer place for our kids and teens, and I reserve
the balance of my time.
{time} 1540
Mr. GUTHRIE. Mr. Speaker, I yield 4 minutes to the gentleman from
Florida (Mr. Bilirakis), my good friend who is the author and chairman
of the subcommittee who has worked tirelessly on this piece of
legislation.
Mr. BILIRAKIS. Mr. Speaker, I rise today to speak in strong in
support of H.R. 7757, the Kids Internet and Digital Safety Act, or the
KIDS Act.
This package will finally give parents real tools to protect their
kids online. A key provision in the KIDS Act is my Kids Online Safety
Act, or KOSA. I have been working on KOSA, Mr. Speaker, for 3 years,
and I am proud to see it finally reach the House floor.
The need for action has never been clearer. Nearly half of American
teenagers say they are online almost constantly, about half spend 4 or
more hours a day on screens for leisure, and 95 percent have a
smartphone in their pocket, placing them in a digital environment that
too often prioritizes engagement and profit over safety.
Big Tech platforms are not neutral. Their algorithms are designed to
maximize attention, not protect kids.
Mr. Speaker, kids are pushed toward harmful content, targeted by
predatory actors, and funneled into design features built to keep them
scrolling longer.
Families across the country have paid the price, Mr. Speaker, from
exploitation and harassment to content that fuels anxiety, depression,
eating disorders, and self-harm, unfortunately. That is why this bill
and KOSA, in particular, are so very important.
It establishes clear, targeted obligations for large online platforms
to take steps to prevent and mitigate specific harms to minors.
It focuses on addressing documented risks, such as sexual
exploitation, drug and alcohol abuse, eating disorders, and self-harm
content that can be amplified through algorithmic recommendation
systems and engagement-driven design.
KOSA requires platforms to put in place concrete safeguards, limiting
harmful design features, improving transparency around how systems
impact children, and giving parents strong tools to understand and
manage their children's online experiences.
It also ensures Big Tech is held accountable for their decisions
through FTC enforcement and State attorneys general.
Mr. Speaker, I thank the chairman of the full committee and the
excellent staff. We never gave up. We persevered, and we have a good
product, thanks to them.
I thank the ranking member as well, Mr. Pallone, and Ms. Castor, for
working with me on this piece of legislation. Again, the chairman gives
me credit, but he is responsible as well. The goal is to protect the
kids, and I appreciate all the input from the parents over the years.
Mr. Speaker, let's get this across the finish line and protect our
children.
Mr. PALLONE. Mr. Speaker, I yield 3 minutes to the gentlewoman from
Virginia (Ms. McClellan), a member of our committee.
Ms. McCLELLAN. Mr. Speaker, I rise today in support of H.R. 7757, the
bipartisan Kids Internet and Digital Safety Act, or the KIDS Act.
As a member of Gen X, who is a mom to a Gen Z teen and Gen Alpha
tween, I struggle every day to find the balance between giving our kids
the freedom they need to develop and grow and keeping them safe. I see
every day that the digital world kids face today is unlike anything
previous generations have faced before.
Every day innovators launch new technologies, applications, and
online platforms that create incredible opportunities for learning,
creativity, and connection. Those same innovations also create new
opportunities for those who would do our kids harm. New risks for
invasive data collection, cyberbullying, online exploitation, and
harmful content.
It is much harder for parents or other trusted adults today to
protect kids from these harms that they often don't see in an ecosystem
they often don't understand.
It is past time for Congress to act before more children are put at
risk. We are probably 20 years too late. We can't wait anymore.
The KIDS Act closes critical gaps in Federal law by strengthening
privacy protections for children and teens; banning targeted
advertising to minors; limiting unnecessary data collection, giving
parents and teens greater control over personal information; increasing
transparency for data brokers; and requiring online platforms to
implement stronger default safety tools that reduce harmful
interactions. Notably, it preserves every State's ability to go even
further.
While this package does not include everything that we would like to
see, we cannot let the perfect become the enemy of the good, and this
bill is a critical first step.
Our children deserve to enjoy the benefits of technology without
sacrificing their privacy, their safety, or mental health.
Mr. Speaker, I thank Ranking Member Pallone and Chairman Guthrie for
bringing Democrats and Republicans on the committee together to produce
this significant bipartisan legislation at a time when most people
believe bipartisanship is dead.
Mr. GUTHRIE. Mr. Speaker, I yield 3 minutes to the gentlewoman from
Iowa (Mrs. Miller-Meeks), a good friend who is a fantastic member of
our committee and has worked hard on these issues protecting children.
Mrs. MILLER-MEEKS. Mr. Speaker, I thank Chairman Guthrie, who has
done a fabulous job of shepherding this through the Committee on Energy
and Commerce in a bipartisan manner.
Protecting children and teens online is one of the most urgent
responsibilities we face as policymakers. As digital platforms become
central to how young people learn, communicate, innovate, and navigate
the world, we must ensure that these spaces are safe, transparent, and
designed with their well-being as the driving priority.
My bill, the SPY Kids Act, included in title II of the KIDS Act,
takes an important step toward that goal by prohibiting online
platforms from conducting market research or product-focused research
on children under 13 and by requiring verifiable parental consent
before such research can be conducted on teenagers.
The bill applies to user-generated content platforms that use
engagement-driven design features and personal data to tailor ads or
recommendations, such as social media
[[Page H4294]]
companies and social gaming platforms.
This legislation matters because the online environment our kids
encounter today is fundamentally different from anything previous
generations experienced.
Platforms are engineered to capture attention, collect sensitive
information, shape behavior, force content, and it is in ways that
young users may not recognize or be able to navigate safely.
Children and teens should not be profiled, studied, or targeted for
commercial advantage, especially without parental oversight.
By limiting how platforms can analyze and monetize minors' data, the
SPY Kids Act helps reduce the risk of manipulative marketing practices,
strengthens privacy protections, and reinforces the principle that the
well-being of America's youth must come before the business models of
technology companies.
Our goal is simple: to build an online ecosystem where children can
grow, learn, innovate, and connect without being exploited in the
process.
Mr. Speaker, I urge my colleagues to vote ``yes'' on the bill.
Mr. PALLONE. Mr. Speaker, I yield 3 minutes to the gentlewoman from
Massachusetts (Mrs. Trahan), a member of our committee.
Mrs. TRAHAN. Mr. Speaker, I thank the ranking member for yielding and
for his strong leadership on this vitally important issue.
When I joined the Energy and Commerce Committee 6 years ago, I
committed to doing everything in my power to make the internet a safer
place for my children, my two young daughters, specifically.
In the years since, I have sat in hearing after hearing where we have
talked about doing something to deliver on that promise.
I met with parents who have lived every family's worst nightmare,
parents whose children harmed themselves and even ended their lives
because executives in Silicon Valley cared more about their stock price
than the safety of our children.
I looked those parents in the eye. I cried with them as they told
their story. Then I went home to have hard conversations with my two
girls about how the apps they use, Instagram, TikTok, and others, are
engineered to make them doubt their image and question their worth.
For years, this crisis has gone unanswered, decades at this point.
Our children have been left to navigate one of the most powerful and
manipulative technologies ever built, and they have been left to do it
alone.
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This bill ends that.
To be clear, Mr. Speaker, the KIDS Act doesn't solve every problem,
but it makes one heck of a dent. It finally gives kids and teens
overdue privacy protections. It forces platforms to turn on safeguards
by default instead of burying them where no parent can find them. It
puts tools in the hands of moms and dads, and it makes companies answer
for the worst harms that they allow on their platforms.
Is it everything I want? No. I have heard from parents and advocates
who believe we should go further, and they are right that this fight
isn't over. We can and we must continue to build upon this progress,
but I refuse to tell families to wait for a better political moment or
for a perfect bill that may never come when meaningful protections are
in front of us right now.
Critically, these are protections built to last, not ones written to
be struck down in court on the day they take effect.
I thank Ranking Member Pallone for his commitment to these
negotiations, and I acknowledge the work of leaders on the committee on
this issue, including Congresswoman Kathy Castor and Congresswoman
Yvette Clarke.
Today, we pass the KIDS Act. Tomorrow, we keep fighting for safer
digital spaces for every child, especially with the rise of artificial
intelligence.
Mr. Speaker, I urge my colleagues to vote ``yes.''
Mr. GUTHRIE. Mr. Speaker, I yield 3 minutes to the gentlewoman from
Florida (Ms. Lee), who not only is a great committee member on our
committee, but is also one of the judicial minds on our committee who
is a great legal scholar.
Ms. LEE of Florida. Mr. Speaker, I rise today in support of H.R.
7757, the Kids Internet and Digital Safety Act, or the KIDS Act.
Children today are growing up in a digital world that looks
dramatically different than it did just a generation ago.
While technology has created tremendous opportunities to learn and to
connect, it has also exposed young people to online predators, sexual
exploitation, privacy violations, and increasingly sophisticated
threats driven by artificial intelligence.
Parents are doing everything they can to protect their children
online but should not have to navigate these challenges alone.
This legislation includes two bipartisan bills that I have been
honored to lead. The first is the Promoting a Safer Internet for Minors
Act.
I thank the gentleman from Florida (Mr. Soto), my colleague and
fellow Floridian, for his support and partnership on this legislation.
This bill recognizes that education is one of the strongest tools we
have to protect children before they become victims.
It directs the Federal Trade Commission to establish a nationwide
public awareness campaign that equips parents, educators, and
communities with practical, up-to-date guidance on helping children
navigate the internet safely and responsibly.
The second is COPPA 2.0, which I am proud to lead along with
Congressman Tim Walberg.
When Congress enacted the Children's Online Privacy Protection Act
nearly three decades ago, social media did not exist, and online
platforms were not collecting massive amounts of personal information
to build user profiles and deliver targeted advertising.
This bill brings our privacy laws into the modern era by extending
important protections to teenagers, limiting unnecessary data
collection, prohibiting targeted advertising to children and to teens,
creating clear expectations for tech platforms, and giving families
greater control over their personal information.
Together, these provisions reflect a simple principle: Protecting
children online requires both empowering families with the information
they need and ensuring that online platforms handle children's personal
information responsibly.
Technology will continue to evolve, and our laws must evolve with it.
I am grateful to Chairman Guthrie, Subcommittee Chairman Bilirakis,
and my colleagues on the committee for their partnership in advancing
this legislation. I urge all of my colleagues to support the KIDS Act.
Mr. PALLONE. Mr. Speaker, I yield 3 minutes to the gentlewoman from
Washington (Ms. Schrier), who is another member of our committee.
Ms. SCHRIER. Mr. Speaker, as a mom, a pediatrician, and a Member of
Congress, I rise today to support the advancement of the KIDS Act to
take some serious steps to protect our kids and their data online and
hold Big Tech accountable.
The KIDS Act includes my bill, the Kids Online Safety Act, which will
ensure that social media companies provide protections and guardrails
for kids online and are held accountable for the many harms they are
causing to our kids, from sleeplessness, to eating disorders, to self-
harm, and even harm from others.
Social media companies have gone largely unregulated for decades, all
while they have become an omnipresent and bigger and bigger part of
everyday life, including for kids.
In my 20 years as a pediatrician, I have seen the rise of mental and
behavioral health concerns for kids and teens coincide directly with
the rise of screen time and social media.
It is long past time to hold Big Tech and social media accountable.
This package includes many useful tools for parents to keep their
kids safe online, but parents can't do it alone. This package isn't
perfect, and I wish to see even more come out of negotiations with the
Senate. That is why I am continuing to call for a duty of care and
language that goes further to hold social media companies accountable
for the many harms that their platforms are causing, including serious
mental health issues, like anxiety, depression, addiction, eating
disorders, and suicidality.
[[Page H4295]]
But this package represents the first time in decades that we have
had a chance in the House to take a step forward, to finally passing
comprehensive legislation to protect our kids. I strongly urge my
colleagues to support it today so we can make it even stronger.
Mr. GUTHRIE. Mr. Speaker, I yield 5 minutes to the gentlewoman from
Illinois (Mrs. Miller), my good friend who has worked really hard to be
an important part of this package.
Mrs. MILLER of Illinois. Mr. Speaker, I thank Chairman Guthrie for
his important leadership.
Mr. Speaker, the statistics are alarming. The average age of a
child's first exposure to pornography is just 12 years old, and nearly
80 percent of America's children between 12 and 17 have already been
exposed to it.
Not only has the sexual content become intentionally easier to
access, but it has also become increasingly violent, abusive,
normalizing sexual assault, physical violence, and nonconsensual acts
for young, impressionable minds. The consequences are devastating.
Research has linked early exposure to pornography with anxiety,
addiction, depression, low self-esteem, body image disorders, and an
increased likelihood that minors will engage in risky and harmful
sexual behavior.
States across America have recognized this crisis. More than a dozen
have declared children's exposure to pornography a public health
crisis, and more than two dozen States have enacted age verification
requirements for adult websites.
Last year, the Supreme Court upheld Texas' age verification law. The
court ruled that the burden placed on adults to verify one's age is
incidental when the intent is to protect the innocence of the children.
For that reason, I am grateful that Chairman Guthrie included the
SCREEN Act in this legislative package.
Senator Mike Lee and I drafted this legislation to establish age
verification requirements for adult websites, creating a minimum
requirement that every State must meet while allowing flexibility to
enact stronger protections for children.
I am a strong supporter of the First Amendment, but constitutional
law has long recognized that its protections do not extend to
obscenity.
Our laws already require age verification to purchase alcohol,
tobacco, firearms, or to enter a casino.
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We recognize that some products and activities are simply
inappropriate for children. Pornography should be no different. The
SCREEN Act is one of the most consequential bills to protect children
in the digital age.
Today, we have an opportunity to make the internet safer for the next
generation, and I urge all my colleagues to support this legislation.
I thank Chairman Guthrie for including my bill in this package.
Mr. PALLONE. Mr. Speaker, I yield 4 minutes to the gentlewoman from
Florida (Ms. Castor), another member of our committee who also happens
to be the ranking member of our Energy Subcommittee and has been very
much involved with this issue and the KIDS Act from the very beginning.
Ms. CASTOR of Florida. Mr. Speaker, I thank the ranking member for
yielding me time.
Mr. Speaker, this is a very important step forward to protect our
kids online. I really arrived here more as a parent than a Member of
Congress, watching two daughters grow up at a time when the internet
and social media was evolving, and I just understood from a very
personal level what was happening.
Being here in Congress, listening to parents whose children had
suffered online harms, whether that was suicide or cyberbullying, the
evidence really is overwhelming now about the online risks and the
physical and mental harms suffered by kids.
Over 40 percent of kids under 12 are exposed to inappropriate
material within their first month on social media: cyberbullying and
violent and graphic content.
Excessive screen time is linked to significantly higher rates of
anxiety and depression among teens. Those spending 4 or more hours
online daily are more than twice as likely to report symptoms of both.
My colleagues on the Energy and Commerce Committee and I have spent
many Congresses--a number of Congresses--working with advocacy groups
and parents about the best way to combat the harms experienced by young
people online.
The underlying record is replete with evidence from psychologists,
pediatricians, and teachers about the impact that Big Tech has on our
kids. I have submitted their stories, reports, and research for the
Record as we update the Children's Online Privacy Protection Act, a law
that is outdated, that now will cover teens and provide much greater
safety and privacy for young people.
Mr. Speaker, I include in the Record all of these stories and
everything by reference here today. This includes the testimonies,
coalition letters, and advisory from the Surgeon General, all showing
that compulsive social media use is harmful to the health of our kids.
The documents can be found at the following links: Anxious Generation:
The Evidence (2026) https://www.anxiousgeneration.com/research/the-
evidence; Master Complaint in Meta Lawsuit (2025) https://
www.motleyrice.com/sites/default/files/documents/Less-Redacted-Omnibus-
Opposition-Brief.pdf; Pew Research Center Report: Teens, Social Media
and Mental Health (2025) https://www.pewresearch.org/wp-content/
uploads/sites/20/2025/04/PI_2025.04.22_teens-social-media-mental-
health_REPORT.pdf; Fairplay: Teen Accounts: Broken Promises, How
Instagram is Failing to Protect Minors (2025) https://
fairplayforkids.org/wp-content/uploads/2025/09/Teen-Accounts-Broken-
Promises-How-Instagram-is-failing-to-protect-minors.pdf; FTC Report: A
Look Behind the Screens, Examining the Data Practices of Social Media
and Video Streaming Services (2024); https://www.ftc.gov/system/files/
ftc_gov/pdf/Social-Media-6b-Report-9-911-2024.pdf; U.S. Surgeon
General's Advisory on Social Media and Youth Mental Health (2023)
https://www.ncbi.nlm.nih.gov/books/NBK594761/pdf/
Bookshelf_NBK594761.pdf; American Psychological Association: Health
Advisory on Social Media Use in Adolescence (2023) https://www.apa.org/
topics/social-media-internet/health-advisory-adolescent-social-media-
use.pdf
As digital threats evolve, so must our laws. The bipartisan KIDS Act
before us today responds to these realities with strong, commonsense
safeguards.
This has been a long time coming, and I really thank Chairman Guthrie
for bringing it in for a landing. My good friend, Chairman Gus
Bilirakis, and I have worked on KOSA. I appreciate the support from my
allies on privacy, Representative Walberg and now Representative Lee
who came on this Congress.
I appreciate the work of Ranking Member Pallone, Representative
Trahan, and the professional staff who really listened to the parents.
I know it is not the be all-end all, and they have my commitment to
keep pressing for the strongest privacy protections and design code
protections.
I hope the Senate adopts a very strong bill. It is there. The ball is
going to be in their court now after the House passes the KIDS Act
today, but this is an important step for kids, parents, and families in
America. How do we keep up with the technological innovations? How do
we keep up with what Big Tech wants to do to monetize children's time
online? They deserve the protections here today. They deserve this
strong step forward, and I again thank my colleagues and urge a strong
``yes'' vote.
Mr. GUTHRIE. Mr. Speaker, I have no further speakers, and I reserve
the balance of my time.
Mr. PALLONE. Mr. Speaker, I yield myself the balance of my time.
Mr. Speaker, I want everyone to understand that this KIDS Act
mandates safeguards, parental tools, and policies to keep kids safe
across the internet, from social media to video games to chatbots.
Secondly, the bill adds data minimization language, and this is so
important. It minimizes the amount of data that can be collected. This
is to prevent excessive data collection for kids and teens, provides
rights to delete access and correct data to teens
[[Page H4296]]
and parents of children, and bans targeted advertising to kids and
teens.
This bill reflects months of bipartisan negotiation between myself
and Energy and Commerce Committee Chairman Guthrie, Mr. Bilirakis, and
Ms. Castor to arrive at a package of bills that will provide meaningful
baseline protections for kids online without stopping further progress
in the States. We do not preempt the States from taking further action.
Mr. Speaker, I strongly believe this bill provides a path to passage
here in the House and also in the Senate.
I ask Members on a bipartisan basis to support the bill, and I yield
back the balance of my time.
Mr. GUTHRIE. Mr. Speaker, I yield myself the balance of my time.
Mr. Speaker, I thank the ranking member for those data protections.
That has been very important and a big part of the negotiations, and
the gentleman has been a great advocate for that. I really appreciate
it.
I mentioned Ms. Schmill and Ms. Molak when we first started. I should
mention the staff and their hard work. They had countless hours meeting
with different groups. Members were meeting with different groups and
working hard on this, but the staff has, as well.
When I first took the chairmanship, very early in my chairmanship
when my colleagues asked me to chair this committee, we sat down with a
group of people to determine our priorities.
Number one was this bill. Number one was this effort. Number one was
this issue. People talk a lot of times about how we have so many young
staffers on Capitol Hill. They are, and they are also young parents. I
have seen from both sides of the aisle, a couple of our staff members
have different opinions on other issues but sit down and put that all
aside when it comes to their children, America's children.
Mr. Speaker, I really appreciate the hard, hard work. I really
encourage my colleagues to vote for this bill tonight. I really
encourage my colleagues to vote for this bill tonight because when we
vote for this bill tonight, the House will put its imprint--and we have
worked with the Senate, but the House will put its imprint to make sure
that children are protected, parents are empowered, and Big Tech is
held accountable.
Mr. Speaker, I yield back the balance of my time.
The SPEAKER pro tempore (Mr. Moran). The question is on the motion
offered by the gentleman from Kentucky (Mr. Guthrie) that the House
suspend the rules and pass the bill, H.R. 7757, as amended.
The question was taken.
The SPEAKER pro tempore. In the opinion of the Chair, two-thirds
being in the affirmative, the ayes have it.
Mr. GUTHRIE. Mr. Speaker, on that I demand the yeas and nays.
The yeas and nays were ordered.
The SPEAKER pro tempore. Pursuant to clause 8 of rule XX, further
proceedings on this motion will be postponed.
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