No official summary available for this bill.
[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6484 Introduced in House (IH)]
<DOC>
119th CONGRESS
1st Session
H. R. 6484
To protect the safety of minors on the internet, and for other
purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
December 5, 2025
Mr. Bilirakis introduced the following bill; which was referred to the
Committee on Energy and Commerce
_______________________________________________________________________
A BILL
To protect the safety of minors on the internet, 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 Online Safety
Act''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
Sec. 3. Preventing harm to minors.
Sec. 4. Safeguards for minors.
Sec. 5. Disclosure.
Sec. 6. Audit; report.
Sec. 7. Enforcement.
Sec. 8. Kids Online Safety Council.
Sec. 9. Rules of construction.
Sec. 10. Relationship to State laws.
Sec. 11. Effective date.
Sec. 12. Severability.
SEC. 2. DEFINITIONS.
In this Act:
(1) Child.--The term ``child'' means an individual who is
under the age of 13.
(2) Commission.--The term ``Commission'' means the Federal
Trade Commission.
(3) 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 (described in section 3(2) of the Americans with
Disabilities Act of 1990 (42 U.S.C. 12102(2))).
(4) Covered platform.--The term ``covered platform'' means
a platform that is a website, software, application, or
electronic service connected to the internet that--
(A) is publicly available for use by consumers;
(B) enables the creation of a username or user
identifier--
(i) that is searchable on the platform; and
(ii) that can be followed by or is
similarly accessible to other users of the
platform;
(C) as the predominant purpose of the platform,
facilitates the sharing and access to user-generated
content through text, images, video, audio, or any
other interactive medium;
(D) uses a design feature to promote user
engagement on the platform; and
(E) uses the personal information of the user to
advertise, market, or make content recommendations.
(5) Design feature.--The term ``design feature''--
(A) means any feature or component of a covered
platform that encourages or increases the frequency,
time spent, or activity of a user on the covered
platform; and
(B) includes any of the following:
(i) Infinite scrolling or auto play.
(ii) Rewards or incentives based on the
frequency, time spent, or activity of a user on
the covered platform.
(iii) Notifications and push alerts.
(iv) Badges or other visual award symbols
based on the frequency, time spent, or activity
of a minor on the covered platform.
(v) Appearance altering filters.
(6) Know; knows.--The term ``know'' or ``knows'' means to
have actual knowledge or to have acted in willful disregard.
(7) Minor.--The term ``minor'' means an individual who is
under the age of 17.
(8) 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).
(9) Parent.--The term ``parent'' means the legal guardian
of a minor.
(10) 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).
(11) Physical violence.--The term ``physical violence'' has
the meaning given the term ``crime of violence'' under section
16 of title 18, United States Code.
(12) Sexual exploitation and abuse.--The term ``sexual
exploitation and abuse'' means any of the following:
(A) Any offense, including coercion and enticement,
as 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.
(13) 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.
(14) User.--The term ``user'' means, with respect to a
covered platform, an individual who registers an account or
creates a profile on the covered platform.
(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)).
SEC. 3. PREVENTING HARM TO MINORS.
(a) In General.--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.
(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 under subsection (a) shall be appropriate to each of the
following:
(1) The size and complexity of the covered platform.
(2) The technological feasibility of addressing the harms
described in subsection (a).
(c) Rules of Construction.--
(1) Search for information and resources permitted.--
Nothing in subsection (a) may be construed to require 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).
(2) First amendment.--Nothing in this section may be
construed to allow a government entity to enforce subsection
(a) based upon the viewpoint of users expressed by or through
any speech, expression, or information protected by the First
Amendment to the Constitution of the United States.
SEC. 4. SAFEGUARDS FOR MINORS.
(a) Safeguards for Minors.--
(1) Safeguards.--A covered platform shall provide a user or
visitor to the covered platform, that the covered platform
knows is a minor, with readily accessible and easy-to-use
safeguards to, as applicable, do each of the following:
(A) Limit the ability of other users or visitors to
communicate with the minor.
(B) Limit by default design features that result in
compulsive usage of the covered platform by the minor.
(2) Option.--A covered platform shall provide a user that
the covered platform knows is a minor with a readily accessible
and easy-to-use option to limit the amount of time spent by the
minor on the covered platform.
(3) Default safeguard settings for minors.--A covered
platform shall provide that, in the case of a user or visitor
that the platform knows is a minor, the default setting for any
safeguard described under paragraph (1) is the option available
on the platform that provides the most protective level of
control that is offered by the platform with respect to privacy
and safety for that user or visitor.
(b) Parental Tools.--
(1) Tools.--A covered platform shall provide readily
accessible and easy-to-use parental tools for parents to
support a user that the platform knows is a minor with respect
to the use of the platform by that user.
(2) Requirements.--The parental tools provided by a covered
platform under paragraph (1) include each of the following:
(A) The ability to manage the privacy and account
settings of a minor, including any safeguard and option
established under subsection (a), in a manner that
allows parents to--
(i) view the privacy and account settings;
and
(ii) in the case of a user that the
platform knows is a child, change and control
the privacy and account settings.
(B) The ability to restrict purchases and financial
transactions by the minor, 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 the minor.
(3) Notice to minors.--A covered platform shall provide
clear and conspicuous notice to a user when the tools described
in this subsection are in effect and what settings or controls
have been applied.
(4) Default tools for children.--In the case of a user that
the platform knows is a child, a covered platform shall enable
the tools required under paragraph (1) by default.
(5) Application to existing accounts.--If, before the
effective date of this subsection, a covered platform provides
a parent of a user that the platform knows is a child with
notice and the ability to enable the parental tools described
under this subsection in a manner that would otherwise comply
with this subsection, and the parent opted out of enabling such
tools, the covered platform is not required to enable such
tools with respect to such user by default on and after the
date on which this subsection takes effect.
(c) Reporting Mechanism.--
(1) Reporting tools.--A covered platform shall provide each
of the following:
(A) A readily accessible and easy-to-use means for
a user and visitor to a covered platform to submit a
report to the covered platform of any harm to a minor
related to use of the covered platform.
(B) An electronic point of contact specific to
matters involving harms to a minor.
(C) Confirmation of the receipt of such report and,
within the applicable time period described in
paragraph (2), a substantive response to the individual
that submitted the report.
(2) Timing.--A covered platform shall establish an internal
process to receive and substantively respond to a report
submitted under paragraph (1) in a reasonable and timely
manner, but in no case later than--
(A) 10 days after the date on which the report is
received; and
(B) notwithstanding subparagraph (A), if the report
involves an imminent threat to the safety of a minor,
as promptly as needed to address the reported threat to
safety.
(d) Advertising of Illegal Products.--A covered platform shall not
facilitate the advertising of narcotic drugs, cannabis products,
tobacco products, gambling, or alcohol to an individual that the
covered platform knows is a minor.
(e) Rules of Application.--
(1) Accessibility.--With respect to safeguards and parental
tools described under subsections (a) and (b), a covered
platform shall provide 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
the minors most likely to access the covered platform
and does not encourage minors or parents to weaken or
disable safeguards or parental tools.
(B) Readily accessible and easy-to-use controls to
enable or disable safeguards or parental tools, as
appropriate.
(C) Information and control options in the same
language, form, and manner as the covered platform
provides the product or service used by minors and
their parents.
(2) 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 parental tools, a covered platform shall apply
changes the next time the device or user is connected to the
internet.
(f) Rules of Construction.--Nothing in this section may be
construed to do any of the following:
(1) Prevent a covered platform from taking reasonable
measures to--
(A) block, detect, or prevent the distribution of
unlawful, obscene, or other harmful material to minors
as described in section 3(a); or
(B) block or filter spam, prevent criminal
activity, or protect the security of a platform or
service.
(2) Require the disclosure of the browsing behavior, search
history, messages, contact list, or other content or metadata
of the communications of a minor.
(3) Prevent a covered platform from entering into an
agreement with a third party, whose primary or exclusive
function is to provide the safeguards or parental tools
required under subsections (a) and (b) or to assist with
meeting the requirements described under subsections (a) and
(b).
(4) Prevent a parent or user from authorizing a third party
described in subparagraph (3) to implement such safeguards or
parental tools required under subsections (a) and (b).
SEC. 5. DISCLOSURE.
(a) Notice.--
(1) Registration or purchase.--Before any registration or
purchase on a covered platform by an individual that the
platform knows is a minor, the platform shall provide clear,
conspicuous, and easy-to-understand notice on 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 the safeguards
and parental tools required under section 4.
(2) Notification.--
(A) Notice and acknowledgment.--In the case of an
individual that a covered platform knows is a child,
the platform shall provide information about the
parental tools and safeguards required under section 4
to a parent of the child and obtain verifiable parental
consent.
(B) Reasonable effort.--A covered platform shall be
deemed to have satisfied the requirement described in
subparagraph (A) if the covered platform is in
compliance with the requirements of the Children's
Online Privacy Protection Act of 1998 (15 U.S.C. 6501
et seq.) to use reasonable efforts (taking into
consideration available technology) to provide a parent
with the information described in subparagraph (A) and
to obtain verifiable parental consent.
(3) Consolidated notices.--For purposes of this section, a
covered platform may consolidate the process for providing
information and obtaining verifiable parental consent or the
consent of the minor involved (as applicable) required under
this subsection with the obligations of the covered platform to
provide relevant notice and obtain verifiable parental consent
under the Children's Online Privacy Protection Act of 1998.
(b) Advertising and Marketing Information and Labels.--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 minors on advertisements regarding the
disclosure of endorsements of products, services, or brands made for
commercial consideration by other users of the platform.
SEC. 6. AUDIT; REPORT.
(a) Audit Required.--Not later than 1 year after the date of the
enactment of this Act, and annually thereafter, a covered platform
shall have an independent, third-party auditor conduct 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 the measures, safeguards for minors, and
parental tools required under this Act.
(B) Consider widely accepted or evidence-based
approaches, best practices, frameworks, and methods
related to identifying, preventing, and mitigating the
harms to minors listed in section 3(a) of this Act.
(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 differences between children and
teens.
(B) An accounting of the following:
(i) The number of users using such covered
platform that 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 described in section 3.
(iv) The number of times that the
safeguards for minors described in section 4(a)
have been exercised during the year in which
such audit is conducted.
(v) The number of times that the parental
tools described in section 4(b) have been
exercised during the year in which such audit
is conducted.
(vi) The number of reports received by such
covered platform through the reporting
mechanism described in section 4(c) 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 covered platform
shall facilitate an audit of the covered platform required by
subsection (a) by doing the following:
(A) Provide or otherwise make available to the
independent, third-party auditor that conducts such
audit all information and materials in the possession,
custody, or control of such covered platform relevant
to such audit.
(B) Provide or otherwise make available to such
auditor access to all networks, systems, and assets
relevant to such audit.
(C) Disclose all material facts to such auditor and
not misrepresent 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 relevant
covered platform shall submit to the Commission the results of the
audit.
SEC. 7. 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. 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.
(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 State court or 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; and
(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 shall 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. 8. KIDS ONLINE SAFETY COUNCIL.
(a) Establishment.--The Secretary of Commerce shall establish a
Kids Online Safety Council (in this section referred to as the
``Council'').
(b) Duties.--The duties of the Council shall be to submit to
Congress reports with recommendations and advice on matters related to
the safety of minors online, including the following:
(1) An identification of risks, including emerging risks,
for minors who engage with covered platforms.
(2) An identification of the benefits for minors who
engaged with covered platforms.
(3) Recommendations with respect to methods for assessing,
preventing, and mitigating harms to minors online.
(4) Recommendations with respect to methods and themes for
research regarding harms to minors online.
(5) Recommendations with respect to best practices and
clear, consensus-based standards for the reports and audits
required under this Act, including best practices and standards
with respect to methods, criteria, and scope that promote
accountability.
(c) Participation.--In appointing members under subsection (c), the
Secretary shall seek to ensure that the Council includes
representatives of the following:
(1) Academic experts with specific expertise in the
prevention of harms to 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) Covered platforms.
(6) Experts in academia and civil society with specific
expertise in 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.
(d) Timing of Appointments.--Each appointment under subsection (c)
shall be made not later than the date that is 180 days after the date
on which this Act takes effect (as specified in section 14).
(e) Terms; Vacancies.--Each member of the Council shall be
appointed for the life of the Council and a vacancy in the Council
shall be filled in the manner in which the original appointment was
made.
(f) Chair; Vice Chair.--The Council, once fully appointed, shall
select a Chair and Vice Chair of the Council.
(g) Final Report.--Not later than 3 years after the date on which
this Act takes effect (as specified in section 14), the Council shall
submit to Congress a final report that includes the following:
(1) A detailed statement of the findings and conclusions of
the Council with respect to the recommendations and advice
described in subsection (b).
(2) The dissenting opinions of any member of the Council
who does not support the findings and conclusions described in
paragraph (1).
(3) Any recommendations for legislative or administrative
actions to address the online safety of minors.
(h) Termination.--The Council shall terminate on the date that is
30 days after the date on which the Council submits the final report of
the Council under subsection (h).
(i) Nonapplicability of FACA.--Chapter 10 of title 5, United States
Code, does not apply to the Council.
SEC. 9. RULES OF CONSTRUCTION.
(a) Relationship to Other Laws.--Nothing in this Act may be
construed to--
(1) 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;
(2) authorize any action in conflict with section 18(h) of
the Federal Trade Commission Act (15 U.S.C. 57a(h)); or
(3) expand, limit the scope of, or alter the meaning of
section 230 of the Communications Act of 1934 (47 U.S.C. 230).
(b) Compliance.--Nothing in this Act may be construed to restrict
the ability of a covered platform to--
(1) cooperate with a law enforcement agency regarding
activity that the covered platform reasonably and in good faith
believes may violate a Federal, State, or local law, rule, or
regulation;
(2) comply with a lawful civil, criminal, or regulatory
inquiry, subpoena, or summons from a Federal, State, local, or
other government authority;
(3) investigate, establish, exercise, respond to, or defend
against a legal claim;
(4) prevent, detect, or respond to security incidents,
identity theft, fraud, harassment, or any other malicious,
deceptive, or illegal activity; or
(5) investigate or report an individual or entity
responsible for an activity described in paragraph (4).
(c) Protections for Privacy.--Nothing in this Act may be construed
to require the affirmative collection of any personal information with
respect to the age of users that a covered platform is not already
collecting in the normal course of business.
SEC. 10. RELATIONSHIP TO STATE LAWS.
No State or political subdivision of a State may prescribe,
maintain, or enforce 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 relates to
the provisions of this Act.
SEC. 11. EFFECTIVE DATE.
Except as otherwise provided in this Act, this Act shall take
effect on the date that is 18 months after the date of the enactment of
this Act.
SEC. 12. 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 in the Nature of a Substitute (Amended) by the Yeas and Nays: 13 - 10.
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