No official summary available for this bill.
[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6291 Introduced in House (IH)]
<DOC>
119th CONGRESS
1st Session
H. R. 6291
To amend the Children's Online Privacy Protection Act of 1998 to
strengthen protections relating to the online collection, use, and
disclosure of personal information of children and teens, and for other
purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
November 25, 2025
Mr. Walberg (for himself and Ms. Lee of Florida) introduced the
following bill; which was referred to the Committee on Energy and
Commerce
_______________________________________________________________________
A BILL
To amend the Children's Online Privacy Protection Act of 1998 to
strengthen protections relating to the online collection, use, and
disclosure of personal information of children and teens, 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 ``Children and
Teens' Online Privacy Protection Act''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Amendments to Children's Online Privacy Protection Act of 1998.
Sec. 3. Reports.
Sec. 4. Severability.
SEC. 2. AMENDMENTS TO CHILDREN'S ONLINE PRIVACY PROTECTION ACT OF 1998.
(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 (2) to read as follows:
``(2) Operator.--The term `operator'--
``(A) means any person--
``(i) who, for commercial purposes,
operates or provides a website, 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 of users of the
website, service, or application;
``(II) allows another person to
collect personal information directly
from users of the website, service, or
application (in which case, the
operator is deemed to have collected
the information); or
``(III) allows users of the
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 organization described
in section 501(c)(3) of the Internal Revenue Code of
1986 and exempt from taxation under section 501(a) of
such Code.'';
(2) 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 if 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 provided to
children or teens; and
``(ii) does not disclose or use the
personal information for any other purpose;
and''; and
(B) in subparagraph (B)--
(i) in the matter preceding clause (i)--
(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''; and
(ii) in clause (i), by striking ``a
website'' and inserting ``such a website,
service, or application'';
(3) 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) 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 a website, online
service, online application, or mobile
application of the operator;
``(vii) a photograph, video, or audio file
that contains the image or voice of a child or
teen;
``(viii) geolocation information;
``(ix) information generated from the
measurement or technological processing of the
biological, physical, or physiological
characteristics of an individual, including--
``(I) fingerprints;
``(II) voice prints;
``(III) iris or retina imagery
scans;
``(IV) facial templates;
``(V) deoxyribonucleic acid (DNA)
information; and
``(VI) gait;
``(x) 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; and
``(xi) any other identifier that the
Commission determines permits the physical or
online contacting of an individual.
``(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 in the privacy
policy of a website, online service, online
application, or mobile application of the
operator regarding--
``(I) the collection and use of
such an audio file; and
``(II) the deletion policy relating
to such an audio file;
``(iii) only uses the voice contained in
the audio file as a replacement for written
words to perform a task or otherwise engage
with such website, service, or application,
including by conducting a search or 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)(vi)(II), 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--
``(aa) the integrity of the
website, service, or
application; or
``(bb) the personal
information or security of
users;
``(VII) ensure compliance with
Federal or State law; and
``(VIII) fulfill a request of a
child or teen under subparagraph (A),
(B), or (C) of section 1303(b)(2).
``(ii) Condition.--Except as permitted
under clause (i), information collected through
the activities described in clause (i) may not
be used or disclosed to contact an individual
(including through individual-specific
advertising provided to children or teens), to
amass a profile on an individual, in connection
with processes that encourage or prompt use of
a website or online service, or for any other
purpose.'';
(4) 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 of
personal information, 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, 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, and disclosure,
as applicable, of the personal information; and
``(ii) any subsequent use of the personal
information.'';
(5) 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) by striking ``website or online service
directed to children'' each place it appears and
inserting ``website, online service, online
application, or mobile application directed to
children'';
(C) by striking ``commercial website or online
service'' each place it 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 a portion thereof, is directed
to children, the Commission shall apply a totality of
circumstances test considering competent and reliable
evidence regarding the intended audience of the
website, service, or application.''; and
(6) by adding at the end the following:
``(13) Online application.--The term `online application'
means an internet-connected software program.
``(14) Mobile application.--The term `mobile application'
means a software program that runs on the operating system of--
``(A) a cellular telephone;
``(B) a tablet computer; or
``(C) a similar portable computing device that
transmits data over a wireless connection.
``(15) Geolocation information.--The term `geolocation
information' means information sufficient to identify a street
name and name of a city or town.
``(16) Teen.--The term `teen' means an individual over the
age of 12 and under the age of 17.
``(17) High-impact social media company.--The term `high-
impact social media company' means a website, online service,
online application, or mobile application of an operator that--
``(A) generates $3,000,000,000 or more in annual
revenue, including any revenue generated by any
affiliate of such operator;
``(B) has 300,000,000 or more monthly active users
for not fewer than 3 of the preceding 12 months on the
website, online service, online application, or mobile
application of such operator; and
``(C) constitutes an online product or service that
is primarily used by users to access or share user-
generated content.
``(18) Knowledge.--The term `knowledge' means--
``(A) with respect to a high-impact social media
company, the operator has actual knowledge, or
willfully disregarded information that would lead a
reasonable and prudent person to determine, that a user
is a child or teen; and
``(B) with respect to an operator that does not
meet the requirements of subparagraph (A), actual
knowledge.
``(19) 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 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
child or teen to whom the product or
service is marketed; or
``(ii) profiling of such child or teen or
group of children or teens.
``(B) Exclusions.--The term `individual-specific
advertising to children or teens' does not include--
``(i) advertising or marketing to an
individual or to a device of an individual in
response to a 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, or mobile application 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 through independent measurement; or
``(iv) advertising or marketing directed to
a device used by both adult and child or teen
members of a household, if such advertising or
marketing is directed only to services
accessible through an adult user profile.
``(C) Rule of construction.--Nothing in
subparagraph (A) may be construed to prohibit an
operator with knowledge that a user is a child or teen
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 a child or teen.
``(20) 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)); and
``(B) an elementary school or secondary school (as
such terms are defined in section 8101 of the
Elementary and Secondary Education Act of 1965 (20
U.S.C. 7801)).''.
(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 knowledge that a user of such website,
service, or application is a child or teen--
``(A) to collect personal information from a child
or teen in a manner that violates the regulations
promulgated under subsection (b);
``(B) to collect, use, disclose to third parties,
or maintain personal information of a child or teen for
the purpose of providing individual-specific
advertising to children or teens (or to allow another
person to collect, use, disclose, or maintain such
information for such purpose);
``(C) to collect 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 or
State law;
``(D) to 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; or
``(E) with respect to the personal information of a
child or teen--
``(i) to store such information in a
covered nation (as defined in section 4872(f)
of title 10, United States Code), unless notice
of such storage is provided to the parent of
such child or to such teen, as the case may be;
``(ii) to transfer such information to such
a nation, unless notice of such transfer is
provided to the parent of such child or to such
teen, as the case may be; or
``(iii) to provide such a nation with
access to such information, unless notice of
such access is provided to the parent of such
child or to such teen, as the case may be.'';
and
(B) in paragraph (2)--
(i) in the heading, by striking ``parent''
and inserting ``parent or teen'';
(ii) by striking ``an operator of such a
website or online service nor the operator's
agent'' and inserting ``an operator of such a
website, service, or application nor an agent
of such an operator''; and
(iii) 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
that has knowledge 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 and
a 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''; and
(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 how the operator uses such
information or from the 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''
before the semicolon;
(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 of the operator
and'' after ``the opportunity
at any time''; and
(bb) by striking ``from
that child; and'' and inserting
``of the child;'';
(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''; and
(V) in clause (iv), as so
redesignated, by striking ``from that
child;'' and inserting ``of the child,
if such information is available to the
operator at the time the parent makes
the request;'';
(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, upon the request of a
teen (or a parent of the teen) who has provided
personal information to the operator, to provide to the
teen or parent (upon authentication of the teen or
parent through reasonable means)--
``(i) a description of the specific types
of personal information collected from the teen
by 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;
``(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 of the
operator;
``(iii) the ability to refuse to permit the
operator any further use or maintenance, in
retrievable form or online collection, of
personal information of the teen;
``(iv) the opportunity to challenge the
accuracy of the personal information and, if
the teen or parent establishes the inaccuracy
of the personal information, to have such
inaccurate personal information corrected; and
``(v) notwithstanding any other provision
of law, a means that is reasonable under the
circumstances for the teen or parent to obtain
any personal information collected from the
teen, if such information is available to the
operator at the time the teen or parent 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 inserting ``or
teen, as applicable,'' after
``parent''; and
(bb) by inserting ``or
teen'' after ``child'' each
place the term appears;
(v) in subparagraph (D)--
(I) in the matter preceding clause
(i)--
(aa) by inserting ``or
teen'' after ``child'' each
place the term appears; and
(bb) by striking
``participant on the site'' and
inserting ``who is a user of a
website, online service, online
application, or mobile
application'';
(II) in clause (ii), by inserting
``or teen'' after ``child'';
(III) in clause (iii), by striking
``site'' and inserting ``website,
service, or application''; and
(IV) 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''; and
(vi) in subparagraph (E)--
(I) in the matter preceding clause
(i), by striking ``website or online
service'' and insert ``website,
service, or application''; and
(II) in clause (i), by striking
``its website'' and inserting ``the
website, service, or application'';
(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
promulgated under this subsection 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 requires--
``(A) the operator to--
``(i) limit the collection, use, and
disclosure by the operator of the personal
information of a child or teen who is a student
served by the educational agency or institution
to solely educational purposes and for no other
commercial purposes;
``(ii) provide notice to the educational
agency or institution regarding the specific
types of personal information the operator
collects from such a child or teen, 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) 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) upon request by the educational
agency or institution--
``(I) provide the educational
agency or institution with a means to
review the personal information
collected from such a child or teen;
``(II) prevent any further use,
maintenance, or collection of personal
information of such a child or teen;
and
``(III) delete personal information
collected from such a child or teen or
content or information submitted by
such a child or teen to the website,
online service, online application, or
mobile application of the operator;
``(B) a representative of the educational agency or
institution to provide--
``(i) the name of the representative;
``(ii) the title of the representative at
the educational agency or institution; and
``(iii) an acknowledgment that the
representative has authority to permit the
collection, use, and disclosure of personal
information of children or teens who are
students served by the educational agency or
institution on behalf of the educational agency
or institution; and
``(C) the educational agency or institution to--
``(i) provide on a publicly available
website of the educational agency or
institution a notice that--
``(I) identifies the operator with
which the educational agency or
institution has entered into a written
agreement under this paragraph; and
``(II) includes 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 who is a student served
by the educational agency or institution) or a
parent or teen (in the case of a teen who is a
student served by the educational agency or
institution); and
``(iii) upon the request of a parent (in
the case of such a child) or a parent or teen
(in the case of such a teen), request the
operator provide a means to review the personal
information of such child or teen and provide
such 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 promulgated
under this subsection shall permit an operator 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 online collection, of personal information of the child
or teen.''; and
(E) by adding at the end the following new
paragraphs:
``(5) Continuation of service.--The regulations promulgated
under this subsection 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 paragraphs (1)(B)(ii) and
(1)(C)(ii), 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
information.
``(6) Rule of construction.--A request to delete or correct
personal information of a child or teen (under the regulations
promulgated under paragraphs (1)(B) or (1)(C), respectively)
may not be construed--
``(A) to 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) to require an operator to delete or correct
information that--
``(i) the operator is required to maintain
under any other provision of Federal or State
law; 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 has requested that the
content or information be deleted or corrected,
including content or information submitted by
the user that was republished or resubmitted by
another person; or
``(C) to prohibit an operator from--
``(i) retaining a record of the request for
deletion or correction and the information
necessary to comply with a request made under
the regulations promulgated under paragraphs
(1)(B) or (1)(C);
``(ii) preventing, detecting, protecting
against, or responding to security incidents,
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 of the
operator; or
``(iv) ensuring that the personal
information of the child or teen 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 an
operator to use a common verifiable consent
mechanism that 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
verifiable consent 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 detailing the results of the feasibility
assessment required by subparagraph (A)(i).
``(C) Regulations.--If the Commission determines in
the feasibility assessment required by subparagraph
(A)(i) that the use of a common verifiable consent
mechanism is feasible and meets the requirements of
this title, the Commission shall promulgate regulations
to permit the use of such a common verifiable consent
mechanism in accordance with such determination.'';
(4) in subsection (c), by striking ``a regulation
prescribed under subsection (a)'' and inserting ``subsection
(a)(1) or a regulation promulgated under subsection (b)''; and
(5) by amending subsection (d) to read as follows:
``(d) Preemption.--No State, or political subdivision of a State,
may maintain, enforce, prescribe, or continue in effect any law, rule,
regulation, requirement, standard, or other provision having the force
and effect of law that relates to the provisions of this Act.''.
(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 website of the Commission any
report or documentation required under this title to be
submitted to the Commission.
``(2) Restrictions on publication.--Notwithstanding the
publication requirement described in paragraph (1), the
restrictions described in sections 6(f) and 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 (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 regulation''; and
(2) by adding at the end the following new subsection:
``(f) 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 per the Regulatory
Flexibility Act of 1980 (5 U.S.C. 601 et seq.).''.
SEC. 3. REPORTS.
(a) Oversight Report.--Not later than 3 years after the date of the
enactment of this Act, the Federal Trade 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 detailing the processes of high-impact social media companies to
ensure that, for such companies that are websites, online services,
online applications, or mobile applications directed to children, such
websites, services, or applications operate in accordance with this
Act, including the amendments made by this Act and the regulations
promulgated under this Act.
(b) Enforcement Report.--Not later than 1 year after the date of
the enactment of this Act, and annually thereafter, the Federal Trade
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 details 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) (referred to in this
subsection as the ``Act'') and the outcome of each such action.
(2) The number of investigations or inquiries into
potential violations of the Act during the reporting year.
(3) The 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.
SEC. 4. SEVERABILITY.
If any provision of this Act or the application of this Act to any
person or circumstance is held invalid, the remaining provisions of
this Act and the application of this Act to other persons or
circumstances shall not be affected.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Energy and Commerce.
Referred to the Subcommittee on Commerce, Manufacturing, and Trade.
Subcommittee Consideration and Mark-up Session Held
Forwarded by Subcommittee to Full Committee by the Yeas and Nays: 14 - 10.
Llama 3.2 · runs locally in your browser
Ask anything about this bill. The AI reads the full text to answer.
Enter to send · Shift+Enter for new line