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KIDS Act
Introduced Mar 3, 2026 · Last action Jul 13, 2026 — Received in the Senate and Read twice and referred to the Committee on Commerce, Science, and Transportation.
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Summary
This legislation is called the KIDS Act. It is being reviewed by a committee.
Full bill text
[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 7757 Introduced in House (IH)]
<DOC>
119th CONGRESS
2d Session
H. R. 7757
To protect children and teens online, empower parents and strengthen
families, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 3, 2026
Mr. Guthrie introduced the following bill; which was referred to the
Committee on Energy and Commerce, and in addition to the Committee on
the Judiciary, for a period to be subsequently determined by the
Speaker, in each case for consideration of such provisions as fall
within the jurisdiction of the committee concerned
_______________________________________________________________________
A BILL
To protect children and teens online, empower parents and strengthen
families, and for other purposes.
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.
Sec. 106. Relationship to State laws.
TITLE II--ADDRESSING HARMS TO MINORS ON ONLINE PLATFORMS
Sec. 201. Covered platform defined.
Subtitle A--Kids Online Safety
Sec. 211. Short title.
Sec. 212. Definitions.
Sec. 213. Addressing harms to minors.
Sec. 214. Safeguards for minors and parental tools.
Sec. 215. Reporting mechanism.
Sec. 216. Disclosure.
Sec. 217. Advertising and marketing information and labels.
Sec. 218. Advertising of illegal products.
Sec. 219. Audit; report.
Sec. 220. Rules of construction.
Sec. 221. Relationship to State laws.
Subtitle B--Safe Messaging for Kids
Sec. 231. Short title.
Sec. 232. Definitions.
Sec. 233. Prohibition on ephemeral messaging features for minors.
Sec. 234. Prohibition on direct messaging features for children.
Sec. 235. Parental controls for direct messaging features for teens.
Sec. 236. Rule of construction on encryption.
Sec. 237. Relationship to State law.
Sec. 238. Effective date.
Subtitle C--Stop Profiling Youth and Kids
Sec. 241. Short title.
Sec. 242. User defined.
Sec. 243. Market research.
Sec. 244. Relationship to State laws.
Sec. 245. Effective date.
TITLE III--SOCIAL GAMING PLATFORMS
Sec. 301. Short title.
Sec. 302. Definitions.
Sec. 303. Safeguards requirements for online video game providers.
Sec. 304. Relationship to State laws.
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.
Sec. 407. Relationship to State laws.
TITLE V--RESEARCH, EDUCATION, AND BEST PRACTICES FOR PROTECTING MINORS
ONLINE
Subtitle A--Research
Sec. 501. Definitions.
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 for minors.
Part 2--AI Warnings And Resources for Education (AWARE) Act
Sec. 523. Short title.
Sec. 524. Chatbots and minors.
Subtitle C--Partnerships and Best Practices
Sec. 525. Short title.
Sec. 526. Kids Internet Safety Partnership.
TITLE VI--GENERAL PROVISIONS
Sec. 601. Enforcement.
Sec. 602. Judicial review.
Sec. 603. Rules of construction.
Sec. 604. Severability.
Sec. 605. 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) 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).
(3) 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.
(4) Commission.--The term ``Commission'' means the Federal
Trade Commission.
(5) 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.
(6) Fully automated system.--The term ``fully automated
system'' means an operation or set of operations performed on
data with minimal or no direction, instruction, prompting,
oversight, involvement, or intervention by an individual.
(7) Know; knows.--The term ``know'' or ``knows'' means to
have actual knowledge or to have acted in willful disregard.
(8) Minor.--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--
(A) a natural parent;
(B) an adoptive parent;
(C) a legal guardian; and
(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).
(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 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.
(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 parental consent.--The term ``verifiable
parental 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).
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) Child pornography; minor.--The terms ``child
pornography'' and ``minor'' have the meanings given those terms
in section 2256 of title 18, United States Code.
(2) 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).
(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) 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.
(5) 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, reasonably designed to ensure accuracy,
with respect to the covered platform of such provider to
identify minors; and
(2) prevent minors from accessing any sexual material
harmful to minors on the covered platform.
(b) Additional Requirements for Compliance.--In order to comply
with subsection (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.
(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) 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).
(e) 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 under 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 requiring
technology verification measures under section 103.
(5) Recommendations, if any, to the Commission on improving
the enforcement of this title.
SEC. 106. RELATIONSHIP TO STATE LAWS.
(a) In General.--No State, or political subdivision of a State, may
prescribe, maintain, enforce, or continue in effect any law, rule,
regulation, requirement, standard, or other provision having the force
and effect of law to the extent that such law, rule, regulation,
requirement, standard, or other provision requires a provider of a
covered platform to use technology verification measures to prevent
minors from accessing any sexual material harmful to minors on a
covered platform of such provider.
(b) Rule of Construction.--Nothing in subsection (a) may be
construed to preempt the applicability of any of the following:
(1) Any law of a State with respect to trespass, contract,
tort, or product liability.
(2) Any statutory law that creates a remedy or penalty for
criminal conduct.
(3) Any law of general applicability of a State with
respect to consumer protection.
TITLE II--ADDRESSING HARMS TO MINORS ON ONLINE PLATFORMS
SEC. 201. COVERED PLATFORM DEFINED.
In this title, 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:
(1) Is publicly available for use by consumers.
(2) Enables the creation of a username or user identifier--
(A) that is searchable on the platform by other
users through a function made available by the
platform; and
(B) that can be followed by or is similarly
accessible to other users of the platform.
(3) 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.
(4) Uses a design feature to promote user engagement on the
platform.
(5) Uses the personal information of the user to advertise,
market, or make content recommendations.
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 one 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) Geolocation information.--The term ``geolocation
information'' means information sufficient to identify a street
name and name of a city or town.
(4) Processor.--The term ``processor'' means a person who--
(A) processes personal information on behalf of a
covered platform; and
(B) does not determine the purpose and means of
processing such personal information
(5) 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.
(6) 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.
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 each of the
following:
(1) The size and complexity of the covered platform.
(2) The technical feasibility of addressing the harms
described in subsection (a).
(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.
SEC. 214. SAFEGUARDS FOR MINORS AND PARENTAL TOOLS.
(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 or visitors to
communicate with such user or visitor.
(B) Prevent the profile or personal information of
such user or visitor from being recommended or
suggested to another user or visitor who is not a
minor.
(C) Limit design features that result in compulsive
usage of the covered platform by such user or visitor.
(D) 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.
(E) 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) 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) Manage the privacy and account settings of such
user, including by using any safeguard established
under subsection (a)(1), in a manner that allows the
parent to--
(i) view the privacy and account settings;
and
(ii) change and control the privacy and
account settings.
(B) The ability to restrict purchases and financial
transactions by such user, if applicable.
(C) The ability to view metrics of total time spent
on the covered platform and restrict time spent on the
covered platform by such user.
(3) 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.
(4) 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.
(5) 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 tool with respect
to such user by default on or after such effective date.
(c) Rules of Application.--
(1) Accessibility.--With respect to any safeguard described
in subsection (a)(1) and any parental tool described in
subsection (b)(1), 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, option,
or parental tool.
(B) Readily accessible and easy-to-use controls to
enable or disable any such safeguard or parental tool,
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 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) or any parental
tool described in subsection (b)(1).
(d) 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 providing any safeguard described in
subsection (a)(1) or any parental tool described in subsection
(b)(1) or otherwise assisting with meeting the requirements
described in subsections (a) and (b).
(3) Prevent a parent or user from authorizing a third party
described in paragraph (2) to implement any safeguard described
in subsection (a)(1) or any parental tool described in
subsection (b)(1) .
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 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 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) or any parental tool
described in section 214(b)(1).
(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) or any parental tool
described in section 214(b)(1) to a parent of such user
or visitor and obtain verifiable parental consent with
respect to any such safeguard or parental tool.
(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) and to obtain the verifiable parental
consent described in subparagraph (A) of this
paragraph.
(b) Consolidated Notices.--For purposes of this section, a provider
of a covered platform may consolidate the process for providing
information and obtaining verifiable parental consent required by this
section with the obligations of the provider to provide relevant notice
and obtain verifiable parental 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.
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)
or any parental tool described in section 214(b)(1).
(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 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 in 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. RULES OF CONSTRUCTION.
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. RELATIONSHIP TO STATE LAWS.
No State, or political subdivision of a State, may prescribe,
maintain, enforce, or continue in effect any law, rule, regulation,
requirement, standard, or other provision having the force and effect
of law if such law, rule, regulation, requirement, standard, or other
provision conflicts with the provisions of this subtitle.
Subtitle B--Safe Messaging for Kids
SEC. 231. SHORT TITLE.
This subtitle may be cited as the ``Safe Messaging for Kids Act''
or the ``SMK Act''.
SEC. 232. DEFINITIONS.
In this subtitle:
(1) App.--The term ``app'' means a software application
that may be run or directed by a user on a computer, mobile
device, or any other general purpose computing device.
(2) App store.--The term ``app store'' means a publicly
available software application that distributes and facilitates
the download onto a mobile device of an app from a third-party
developer by a user of a computer, mobile device, or any other
general purpose computing device.
(3) Covered user.--The term ``covered user'' means a user
of a covered platform if the provider of such covered platform
knows that such user is a minor.
(4) 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.
(5) 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 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 (if such
deletion does not automatically occur for each
recipient of the communication or by the
default design of such function); or
(ii) standard data volatility in transit or
temporary caching not designed to make such a
communication permanently inaccessible after
viewing or a short, predetermined time.
(6) Mobile device.--The term ``mobile device'' means a
phone or general-purpose tablet that provides cellular or
wireless connectivity, is capable of connecting to the
internet, and is capable of running an app.
(7) Parental direct messaging controls.--The term
``parental direct messaging controls'' means a set of tools or
settings that a provider of a covered platform provides to a
parent of a covered user of the covered platform that allows
the parent to manage the use of a direct messaging feature by
such covered user.
(8) Teen covered user.--The term ``teen covered user''
means a covered user who has attained the age of 13.
(9) Unapproved contact.--The term ``unapproved contact'',
with respect to a covered user for whom parental direct
messaging controls have been activated, means a user of a
covered platform with respect to whom the teen covered user may
not use a direct messaging feature unless a parent of such teen
covered user has provided verifiable parental consent under
this subtitle.
(10) Verifiable parental consent.--The term ``verifiable
parental consent''--
(A) has the meaning given that term in section 2 of
this Act; and
(B) includes ongoing mechanisms for parents to
activate and manage parental direct messaging controls
provided under this subtitle.
SEC. 233. PROHIBITION ON EPHEMERAL MESSAGING FEATURES FOR MINORS.
A provider of a covered platform may not offer, provide, or enable
any ephemeral messaging feature of such covered platform to any covered
user of the covered platform.
SEC. 234. PROHIBITION ON DIRECT MESSAGING FEATURES FOR CHILDREN.
A provider of a covered platform may not offer, provide, or enable
any direct messaging feature of such covered platform to any covered
user of the covered platform under the age of 13 years.
SEC. 235. PARENTAL CONTROLS FOR DIRECT MESSAGING FEATURES FOR TEENS.
(a) Requirement.--A provider of a covered platform that offers,
provides, or enables any direct messaging feature of such covered
platform to any teen covered user of the covered platform shall provide
easily accessible and usable parental direct messaging controls to a
parent of such teen covered user that the parent may activate and
manage by providing verifiable parental consent.
(b) Accessibility; Usability; Awareness.--The parental direct
messaging controls described in subsection (a) shall meet the following
requirements:
(1) Be clearly and conspicuously accessible to a parent of
a teen covered user through--
(A) the settings of a profile of the teen covered
user; and
(B) any parental portal or interface offered by the
covered platform.
(2) Be designed to be user-friendly with clear explanations
of the manner in which the parental direct messaging controls
operate.
(c) Functionality of Controls.--As a default setting on a covered
platform, the parental direct messaging controls described in
subsection (a) shall allow a parent of a teen covered user of the
covered platform to do the following (unless the parent adjusts the
default setting with respect to any of the following by providing
verifiable parental consent):
(1) Receive a timely notification that--
(A) alerts the parent about a request from an
unapproved contact who seeks to use a direct messaging
feature of the covered platform with respect to the
teen covered user; and
(B) allows the parent to approve or deny the
request before the unapproved contact and the teen
covered user engage in any direct messaging through any
such direct messaging feature.
(2) View and manage a list of any contacts approved for
engaging in direct messaging with the teen covered user through
any direct messaging feature of the covered platform.
(3) Be informed if the teen covered user changes the age
listed on a profile of the teen covered user on the covered
platform (if any such change affects the applicability of such
parental direct messaging controls).
(4) Disable any direct messaging feature of any such
profile.
(5) Prevent any specific user, any specific group of users,
or other users in general, from initiating or continuing to
engage in direct messaging with the teen covered user through
any direct messaging feature of the covered platform.
(6) Enable the teen covered user to set a profile of the
teen covered user on the covered platform as hidden on any
search such that--
(A) other users are prevented from searching for
and finding such profile;
(B) other users are prevented from seeing the
current online or offline status of the teen covered
user; and
(C) other users are prevented from initiating or
continuing to engage in direct messaging with the teen
covered user through any direct messaging feature of
the covered platform.
(d) No Degradation of Other Features or Services.--A provider of a
covered platform may not degrade the functionality or availability of
any other feature or service of the covered platform for a teen covered
user of the covered platform based on the activation or management of
parental direct messaging controls by a parent of the teen covered user
under this section (except as necessary to implement any such parental
direct messaging controls).
(e) No Circumvention.--A provider of a covered platform shall take
reasonable measures to prevent a teen covered user of the covered
platform from easily circumventing parental direct messaging controls
activated and managed by a parent of the teen covered user under this
section.
SEC. 236. RULE OF CONSTRUCTION ON ENCRYPTION.
No requirement under this subtitle to restrict any feature for a
covered user or to provide parental direct messaging controls for a
direct 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.
SEC. 237. RELATIONSHIP TO STATE LAW.
(a) In General.--No State, or political subdivision of a State, may
prescribe, maintain, enforce, or continue in effect any law, rule,
regulation, requirement, standard, or other provision having the force
and effect of law to the extent that such law, rule, regulation,
requirement, standard, or other provision--
(1) directly prohibits ephemeral or direct messaging on a
covered platform for users under 13; or
(2) regulates parental direct messaging controls on covered
platforms for teen covered users.
(b) Rule of Construction.--Nothing in subsection (a) may be
construed to preempt the applicability of any of the following:
(1) Any law of a State with respect to trespass, contract,
tort, or product liability.
(2) Any statutory law that creates a remedy or penalty for
criminal conduct.
(3) Any law of general applicability of a State with
respect to consumer protection.
SEC. 238. EFFECTIVE DATE.
(a) In General.--Except as provided in subsection (b), this
subtitle shall take effect on the date that is 180 days after the date
of the enactment of this Act.
(b) Exception.--The effective date described in subsection (a) does
not apply with respect to section 235.
Subtitle C--Stop Profiling Youth and Kids
SEC. 241. SHORT TITLE.
This subtitle may be cited as the ``Stop Profiling Youth and Kids
Act'' or the ``SPY Kids Act''.
SEC. 242. USER DEFINED.
In this subtitle, the term ``user'', with respect to a covered
platform, means an individual who registers an account or creates a
profile on the covered platform.
SEC. 243. 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. 244. RELATIONSHIP TO STATE LAWS.
(a) In General.--No State, or political subdivision of a State, may
prescribe, maintain, enforce, or continue in effect any law, rule,
regulation, requirement, standard, or other provision having the force
and effect of law to the extent that such law, rule, regulation,
requirement, standard, or other provision regulates the ability of a
covered platform to conduct market or product-focused research on a
minor.
(b) Rule of Construction.--Nothing in subsection (a) may be
construed to preempt the applicability of any of the following:
(1) Any law of a State with respect to trespass, contract,
tort, or product liability.
(2) Any statutory law that creates a remedy or penalty for
criminal conduct.
(3) Any law of general applicability of a State with
respect to consumer protection.
SEC. 245. 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 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) 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.
(5) 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 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.
SEC. 304. RELATIONSHIP TO STATE LAWS.
(a) In General.--No State, or political subdivision of a State, may
prescribe, maintain, enforce, or continue in effect any law, rule,
regulation, requirement, standard, or other provision having the force
and effect of law to the extent that such law, rule, regulation,
requirement, standard, or other provision regulates the provision of a
covered communication tool or other safeguard by an online video game
provider under this Act.
(b) Rule of Construction.--Nothing in subsection (a) may be
construed to preempt the applicability of any of the following:
(1) Any law of a State with respect to trespass, contract,
tort, or product liability.
(2) Any statutory law that creates a remedy or penalty for
criminal conduct.
(3) Any law of general applicability of a State with
respect to consumer protection.
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.
SEC. 403. CERTAIN STATEMENTS PROHIBITED.
A chatbot provider may not provide to a covered user of a relevant
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) any access to sexual material harmful to
minors;
(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).
SEC. 407. RELATIONSHIP TO STATE LAWS.
(a) In General.--No State, or political subdivision of a State, may
prescribe, maintain, enforce, or continue in effect any law, rule,
regulation, requirement, standard, or other provision having the force
and effect of law, if such law, rule, regulation, requirement,
standard, or other provision conflicts with this Act.
(b) Rule of Construction.--Nothing in subsection (a) may be
construed to preempt the applicability of any of the following:
(1) Any law of a State with respect to trespass, contract,
tort, or product liability.
(2) Any statutory law that creates a remedy or penalty for
criminal conduct.
(3) Any law of general applicability of a State with
respect to consumer protection.
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 the Committee on Energy and
Commerce of the House of Representatives and 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.
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.
(a) In General.--The Commission, in coordination with the Secretary
of Health and Human Services (acting through the Assistant Secretary
for Mental Health and Substance Use), shall--
(1) conduct a study on social media platform use by minors,
including with respect to--
(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; and
(G) potential harmful effects and benefits for
minors from extended social media platform use; and
(2) not later than 3 years after the date of the enactment
of this Act, submit to Congress a report on the findings of the
study conducted under paragraph (1), including any recommended
policy changes based on such findings.
(b) Exemption.--Subchapter I of chapter 35 of title 44, United
States Code (commonly known as the ``Paperwork Reduction Act'') does
not apply to this section.
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 and the Administrator of the Drug Enforcement
Administration, shall submit to the relevant congressional committees
and publish on the website of the Commission a report on the ability of
minors to access fentanyl, including through pressed pills, on 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 on social
media platforms.
(b) Consultation Required.--In developing the report required by
subsection (a), the Commission shall consult with 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 paragraphs (3) and (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, or 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 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 and recommendations resulting from the review
described in subsection (a).
(c) Exemption.--Subchapter I of chapter 35 of title 44, United
States Code (commonly known as the ``Paperwork Reduction Act'') does
not apply to this section.
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
Committee on Energy and Commerce of the House of Representatives and
the Committees on Commerce, Science, and Transportation and 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 FOR MINORS.
(a) Amendment.--Subtitle A of the Protecting Children in the 21st
Century Act (15 U.S.C. 6551 et seq.) is amended 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 activities 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.''.
(b) Technical and Conforming Amendments.--The table of contents for
subtitle A of the Protecting Children in the 21st Century Act (15
U.S.C. 6551 et seq.) is amended--
(1) by striking the items related to sections 211 through
214 and 216; and
(2) inserting before section 215 the following:
``Sec. 211. Public awareness and educational campaign.
``Sec. 212. Annual report.
``Sec. 213. Definitions.''.
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. CHATBOTS AND 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--
(1) the risks and benefits of chatbot use;
(2) privacy and data collection practices; and
(3) best practices for parents supporting the safe use of
chatbots by minors.
(c) Youville.--The Commission shall, in a manner appropriate for
minors, 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--
(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; and
(C) widely accepted or evidence-based best
practices that account for minors of different ages
and--
(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--
(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; and
(G) limitations and opt-outs related to
personalized recommendation systems and chatbots.
(d) Stakeholders.--In coordinating with stakeholders under
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) a website, online service, online
application, or mobile application provides to
a parent of a user who the service or
application 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 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 parental
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--GENERAL PROVISIONS
SEC. 601. 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. 602. JUDICIAL REVIEW.
(a) Right of Action.--A petition for review that challenges the
constitutionality of this Act or the constitutionality of any action,
finding, or determination under this Act may be filed only in the
United States Court of Appeals for the District of Columbia Circuit.
(b) Exclusive Jurisdiction.--The United States Court of Appeals for
the District of Columbia Circuit 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.
(c) Statute of Limitations.--A challenge to this Act may only be
brought--
(1) in the case of a challenge to the constitutionality of
this Act, not later than 90 days after the date of the
enactment of this Act; and
(2) in the case of a challenge to the constitutionality of
any action, finding, or determination under this Act, not later
than 60 days after the date of such action, finding, or
determination.
SEC. 603. 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 the taking of reasonable measures to block or
filter spam, prevent criminal activity, or protect the security
of a platform or service.
(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).
(6) Restrict the ability to--
(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; or
(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) Design, build, or implement any feature, function,
software, hardware, or other capability for the purpose of
weakening, undermining, circumventing, or overcoming any
security control, including encryption, that is used to protect
the privacy or security of any communication or data of a user.
(10) Require indefinite retention of data of a user.
(11) Require the affirmative collection of any personal
information with respect to age that is not collected already
in the normal course of business.
SEC. 604. 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. 605. 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.
<all>Official legislative text sourced from the public record (cached on CivicsHQ).
Official source
View the original bill, actions, and full legislative record on Congress.gov.
Status
Passed Both Chambers
- 1Introduced
- 2Committee
- 3Floor
- 4Passed
- 5Signed
Timeline reflects current normalized status only. Full action history is not yet stored in the API.
Sponsors
- Rep. Guthrie, Brett [R-KY-2]RHouseKY
Cosponsors
Votes
HouseRoll Call 228Jun 29, 2026
On motion to suspend the rules and pass the bill, as amended Agreed to by the Yeas and Nays: (2/3 required): 267 - 117 (Roll no. 228). (text: CR H4280-4292)
Vote totals recorded, but member positions were not captured.