,in the ,senate of the ,united ,states1 ,july #cj1 #bjbd4 ,senate ,amendments to ,house ,amendment3 ,that the ,senate agree to the amendment of the ,house of ,representatives to the bill 7,s4 #bjgc7 8,an ,act to amend title #ca1 ,united ,states ,code1 to require agencies to include a list of outdated or duplicative reporting requirements in annual budget justifications1 and for other purposes401 with the following ,in lieu of the matter proposed to be inserted1 insert the following3 #a4 ,short title2 table of contents 7a7 ,short title ,this ,act may be cited as the ,kids ,online ,safety and ,privacy ,act4 7b7 ,table of contents ,the table of contents for this ,act is as follows3 ,sec4 #a4 ,short title2 table of contents4,,title ,i--,keeping ,kids ,safe ,online,subtitle ,a--,kids ,online ,safety,sec4 #aja4 ,definitions4,sec4 #ajb4 ,duty of care4,sec4 #ajc4 ,safeguards for minors4,sec4 #ajd4 ,disclosure4,sec4 #aje4 ,transparency4,sec4 #ajf4 ,research on social media and minors4,sec4 #ajg4 ,market research4,sec4 #ajh4 ,age verification study and report4,sec4 #aji4 ,guidance4,sec4 #aaj4 ,enforcement4,sec4 #aaa4 ,kids online safety council4,sec4 #aab4 ,effective date4,sec4 #aac4 ,rules of construction and other matters4,subtitle ,b--,filter ,bubble ,transparency,sec4 #abj4 ,definitions4,sec4 #aba4 ,requirement to allow users to see unmanipulated content on internet platforms4,subtitle ,c--,relationship to ,state laws2 severability,sec4 #acj4 ,relationship to ,state laws4,sec4 #aca4 ,severability4,,title ,,ii--,children and ,teens' ,online ,privacy,sec4 #bja4 ,online collection1 use1 disclosure1 and deletion of personal information of children and teens4,sec4 #bjb4 ,study and reports of mobile and online application oversight and enforcement4,sec4 #bjc4 ,,gao study4,sec4 #bjd4 ,severability4,,title ,,iii--,eliminating ,useless ,reports,sec4 #cja4 ,sunsets for agency reports4 ,i ,keeping ,kids ,safe ,online ,a ,kids ,online ,safety #aja4 ,definitions ,in this subtitle3 7#a7 ,child ,the term child means an individual who is under the age of #ac4 7#b7 ,compulsive usage ,the term compulsive usage means any response stimulated by external factors that causes an individual to engage in repetitive behavior reasonably likely to cause psychological distress4 7#c7 ,covered platform 7,a7 ,in general ,the term covered platform means an online platform1 online video game1 messaging application1 or video streaming service that connects to the internet and that is used1 or is reasonably likely to be used1 by a minor4 7,b7 ,exceptions ,the term covered platform does not include-- 7i7 an entity acting in its capacity as a provider of-- 7,i7 a common carrier service subject to the ,communications ,act of #aicd 7#dg ,u4,s4,c4 #aea et seq47 and all ,acts amendatory thereof and supplementary thereto2 7,,ii7 a broadband internet access service 7as such term is defined for purposes of section #h4a7;b7 of title #dg1 ,code of ,federal ,regulations1 or any successor regulation72 7,,iii7 an email service2 7,,iv7 a teleconferencing or video conferencing service that allows reception and transmission of audio or video signals for real-time communication1 provided that-- 7aa7 the service is not an online platform1 including a social media service or social network2 and 7bb7 the real-time communication is initiated by using a unique link or identifier to facilitate access2 or 7,v7 a wireless messaging service1 including such a service provided through short messaging service or multimedia messaging service protocols1 that is not a component of1 or linked to1 an online platform and where the predominant or exclusive function is direct messaging consisting of the transmission of text1 photos or videos that are sent by electronic means1 where messages are transmitted from the sender to a recipient1 and are not posted within an online platform or publicly2 7ii7 an organization not organized to carry on business for its own profit or that of its members2 7iii7 any public or private preschool1 elementary1 or secondary school1 or any institution of vocational1 professional1 or higher education2 7iv7 a library 7as defined in section #bac7a7 of the ,library ,services and ,technology ,act 7#bj ,u4,s4,c4 #iabb7a7772 7v7 a news or sports coverage website or app where-- 7,i7 the inclusion of video content on the website or app is related to the website or app's own gathering1 reporting1 or publishing of news content or sports coverage2 and 7,,ii7 the website or app is not otherwise an online platform2 7vi7 a product or service that primarily functions as business-to-business software1 a cloud storage1 file sharing1 or file collaboration service1 provided that the product or service is not an online platform2 or 7vii7 a virtual private network or similar service that exists solely to route internet traffic between locations4 7#d7 ,design feature ,the term design feature means any feature or component of a covered platform that will encourage or increase the frequency1 time spent1 or activity of minors on the covered platform4 ,design features include but are not limited to-- 7,a7 infinite scrolling or auto play2 7,b7 rewards for time spent on the platform2 7,c7 notifications2 7,d7 personalized recommendation systems2 7,e7 in-game purchases2 or 7,f7 appearance altering filters4 7#e7 ,geolocation ,the term geolocation has the meaning given the term geolocation information in section #acjb of the ,children's ,online ,privacy ,protection ,act of #aiih 7#ae ,u4,s4,c4 #feja71 as added by section #bja7;a74 7#f7 ,know or knows ,the term know or knows means to have actual knowledge or knowledge fairly implied on the basis of objective circumstances4 7#g7 ,mental health disorder ,the term mental health disorder has the meaning given the term mental disorder in the ,diagnostic and ,statistical ,manual of ,mental ,health ,disorders1 #eth ,edition 7or the most current successor edition74 7#h7 ,microtransaction 7,a7 ,in general ,the term microtransaction means a purchase made in an online video game 7including a purchase made using a virtual currency that is purchasable or redeemable using cash or credit or that is included as part of a paid subscription service74 7,b7 ,inclusions ,such term includes a purchase involving surprise mechanics1 new characters1 or in-game items4 7,c7 ,exclusions ,such term does not include-- 7i7 a purchase made in an online video game using a virtual currency that is earned through gameplay and is not otherwise purchasable or redeemable using cash or credit or included as part of a paid subscription service2 or 7ii7 a purchase of additional levels within the game or an overall expansion of the game4 7#i7 ,minor ,the term minor means an individual who is under the age of #ag4 7#aj7 ,online platform ,the term online platform means any public-facing website1 online service1 online application1 or mobile application that predominantly provides a community forum for user generated content1 such as sharing videos1 images1 games1 audio files1 or other content1 including a social media service1 social network1 or virtual reality environment4 7#aa7 ,online video game ,the term online video game means a video game1 including an educational video game1 that connects to the internet and that allows a user to-- 7,a7 create and upload content other than content that is incidental to gameplay1 such as character or level designs created by the user1 preselected phrases1 or short interactions with other users2 7,b7 engage in microtransactions within the game2 or 7,c7 communicate with other users4 7#ab7 ,parent ,the term parent has the meaning given that term in section #acjb of the ,children's ,online ,privacy ,protection ,act 7#ae ,u4,s4,c4 #feja74 7#ac7 ,personal data ,the term personal data has the same meaning as the term personal information as defined in section #acjb of the ,children's ,online ,privacy ,protection ,act 7#ae ,u4,s4,c4 #feja74 7#ad7 ,personalized recommendation system ,the term personalized recommendation system means a fully or partially automated system used to suggest1 promote1 or rank content1 including other users1 hashtags1 or posts1 based on the personal data of users4 ,a recommendation system that suggests1 promotes1 or ranks content based solely on the user's language1 city or town1 or age shall not be considered a personalized recommendation system4 7#ae7 ,sexual exploitation and abuse ,the term sexual exploitation and abuse means any of the following3 7,a7 ,coercion and enticement1 as described in section #bdbb of title #ah1 ,united ,states ,code4 7,b7 ,child sexual abuse material1 as described in sections #bbea1 #bbeb1 #bbeb;,a1 and #bbfj of title #ah1 ,united ,states ,code4 7,c7 ,trafficking for the production of images1 as described in section #bbea;,a of title #ah1 ,united ,states ,code4 7,d7 ,sex trafficking of children1 as described in section #aeia of title #ah1 ,united ,states ,code4 7#af7 ,user ,the term user means1 with respect to a covered platform1 an individual who registers an account or creates a profile on the covered platform4 #ajb4 ,duty of care 7a7 ,prevention of harm to minors ,a covered platform shall exercise reasonable care in the creation and implementation of any design feature to prevent and mitigate the following harms to minors3 7#a7 ,consistent with evidence-informed medical information1 the following mental health disorders3 anxiety1 depression1 eating disorders1 substance use disorders1 and suicidal behaviors4 7#b7 ,patterns of use that indicate or encourage addiction-like behaviors by minors4 7#c7 ,physical violence1 online bullying1 and harassment of the minor4 7#d7 ,sexual exploitation and abuse of minors4 7#e7 ,promotion and marketing of narcotic drugs 7as defined in section #ajb of the ,controlled ,substances ,act 7#ba ,u4,s4,c4 #hjb771 tobacco products1 gambling1 or alcohol4 7#f7 ,predatory1 unfair1 or deceptive marketing practices1 or other financial harms4 7b7 ,limitation ,nothing in subsection 7a7 shall be construed to require a covered platform to prevent or preclude any minor from-- 7#a7 deliberately and independently searching for1 or specifically requesting1 content2 or 7#b7 accessing resources and information regarding the prevention or mitigation of the harms described in subsection 7a74 #ajc4 ,safeguards for minors 7a7 ,safeguards for minors 7#a7 ,safeguards ,a covered platform shall provide a user or visitor that the covered platform knows is a minor with readily-accessible and easy-to-use safeguards to1 as applicable-- 7,a7 limit the ability of other users or visitors to communicate with the minor2 7,b7 prevent other users or visitors1 whether registered or not1 from viewing the minor's personal data collected by or shared on the covered platform1 in particular restricting public access to personal data2 7,c7 limit design features that encourage or increase the frequency1 time spent1 or activity of minors on the covered platform1 such as infinite scrolling1 auto playing1 rewards for time spent on the platform1 notifications1 and other design features that result in compulsive usage of the covered platform by the minor2 7,d7 control personalized recommendation systems1 including the ability for a minor to have at least #a of the following options-- 7i7 opt out of such personalized recommendation systems1 while still allowing the display of content based on a chronological format2 or 7ii7 limit types or categories of recommendations from such systems2 and 7,e7 restrict the sharing of the geolocation of the minor and provide notice regarding the tracking of the minor's geolocation4 7#b7 ,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 platform4 7#c7 ,default safeguard settings for minors ,a covered platform shall provide that1 in the case of a user or visitor that the platform knows is a minor1 the default setting for any safeguard described under paragraph 7#a7 shall be the option available on the platform that provides the most protective level of control that is offered by the platform over privacy and safety for that user or visitor4 7b7 ,parental tools 7#a7 ,tools ,a covered platform shall provide readily-accessible and easy-to-use settings for parents to support a user that the platform knows is a minor with respect to the user's use of the platform4 7#b7 ,requirements ,the parental tools provided by a covered platform shall include-- 7,a7 the ability to manage a minor's privacy and account settings1 including the safeguards and options established under subsection 7a71 in a manner that allows parents to-- 7i7 view the privacy and account settings2 and 7ii7 in the case of a user that the platform knows is a child1 change and control the privacy and account settings2 7,b7 the ability to restrict purchases and financial transactions by the minor1 where applicable2 and 7,c7 the ability to view metrics of total time spent on the covered platform and restrict time spent on the covered platform by the minor4 7#c7 ,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 applied4 7#d7 ,default tools ,a covered platform shall provide that1 in the case of a user that the platform knows is a child1 the tools required under paragraph 7#a7 shall be enabled by default4 7#e7 ,application to existing accounts ,if1 prior to the effective date of this subsection1 a covered platform provided a parent of a user that the platform knows is a child with notice and the ability to enable the parental tools described under this subsection in a manner that would otherwise comply with this subsection1 and the parent opted out of enabling such tools1 the covered platform is not required to enable such tools with respect to such user by default when this subsection takes effect4 7c7 ,reporting mechanism 7#a7 ,reports submitted by parents1 minors1 and schools ,a covered platform shall provide-- 7,a7 a readily-accessible and easy-to-use means to submit reports to the covered platform of harms to a minor2 7,b7 an electronic point of contact specific to matters involving harms to a minor2 and 7,c7 confirmation of the receipt of such a report and1 within the applicable time period described in paragraph 7#b71 a substantive response to the individual that submitted the report4 7#b7 ,timing ,a covered platform shall establish an internal process to receive and substantively respond to such reports in a reasonable and timely manner1 but in no case later than-- 7,a7 #aj days after the receipt of a report1 if1 for the most recent calendar year1 the platform averaged more than #aj1jjj1jjj active users on a monthly basis in the ,united ,states2 7,b7 #ba days after the receipt of a report1 if1 for the most recent calendar year1 the platform averaged less than #aj1jjj1jjj active users on a monthly basis in the ,united ,states2 and 7,c7 notwithstanding subparagraphs 7,a7 and 7,b71 if the report involves an imminent threat to the safety of a minor1 as promptly as needed to address the reported threat to safety4 7d7 ,advertising of illegal products ,a covered platform shall not facilitate the advertising of narcotic drugs 7as defined in section #ajb of the ,controlled ,substances ,act 7#ba ,u4,s4,c4 #hjb771 tobacco products1 gambling1 or alcohol to an individual that the covered platform knows is a minor4 7e7 ,rules of application 7#a7 ,accessibility ,with respect to safeguards and parental tools described under subsections 7a7 and 7b71 a covered platform shall provide-- 7,a7 information and control options in a clear and conspicuous manner that takes into consideration the differing ages1 capacities1 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 tools2 7,b7 readily-accessible and easy-to-use controls to enable or disable safeguards or parental tools1 as appropriate2 and 7,c7 information and control options in the same language1 form1 and manner as the covered platform provides the product or service used by minors and their parents4 7#b7 ,dark patterns prohibition ,it shall be unlawful for any covered platform to design1 modify1 or manipulate a user interface of a covered platform with the purpose or substantial effect of subverting or impairing user autonomy1 decision-making1 or choice with respect to safeguards or parental tools required under this section4 7#c7 ,timing considerations 7,a7 ,no interruption to gameplay ,subsections 7a77#a77;,c7 and 7b77#c7 shall not require an online video game to interrupt the natural sequence of game play1 such as progressing through game levels or finishing a competition4 7,b7 ,application of changes to offline devices or accounts ,if a user's device or user account does not have access to the internet at the time of a change to parental tools1 a covered platform shall apply changes the next time the device or user is connected to the internet4 7#d7 ,rules of construction ,nothing in this section shall be construed to-- 7,a7 prevent a covered platform from taking reasonable measures to-- 7i7 block1 detect1 or prevent the distribution of unlawful1 obscene1 or other harmful material to minors as described in section #ajb7;a72 or 7ii7 block or filter spam1 prevent criminal activity1 or protect the security of a platform or service2 7,b7 require the disclosure of a minor's browsing behavior1 search history1 messages1 contact list1 or other content or metadata of their communications2 7,c7 prevent a covered platform from using a personalized recommendation system to display content to a minor if the system only uses information on-- 7i7 the language spoken by the minor2 7ii7 the city the minor is located in2 or 7iii7 the minor's age2 or 7,d7 prevent an online video game from disclosing a username or other user identification for the purpose of competitive gameplay or to allow for the reporting of users4 7f7 ,device or console controls 7#a7 ,in general ,nothing in this section shall be construed to prohibit a covered platform from integrating its products or service with1 or duplicate controls or tools provided by1 third-party systems1 including operating systems or gaming consoles1 to meet the requirements imposed under subsections 7a7 and 7b7 relating to safeguards for minors and parental tools1 provided that-- 7,a7 the controls or tools meet such requirements2 and 7,b7 the minor or parent is provided sufficient notice of the integration and use of the parental tools4 7#b7 ,preservation of protections ,in the event of a conflict between the controls or tools of a third-party system1 including operating systems or gaming consoles1 and a covered platform1 the covered platform is not required to override the controls or tools of a third-party system if it would undermine the protections for minors from the safeguards or parental tools imposed under subsections 7a7 and 7b74 #ajd4 ,disclosure 7a7 ,notice 7#a7 ,registration or purchase ,prior to registration or purchase of a covered platform by an individual that the platform knows is a minor1 the platform shall provide clear1 conspicuous1 and easy-to-understand-- 7,a7 notice of the policies and practices of the covered platform with respect to safeguards for minors required under section #ajc2 7,b7 information about how to access the safeguards and parental tools required under section #ajc2 and 7,c7 notice about whether the covered platform uses or makes available to minors a product1 service1 or design feature1 including any personalized recommendation system1 that poses any heightened risk of harm to minors4 7#b7 ,notification 7,a7 ,notice and acknowledgment ,in the case of an individual that a covered platform knows is a child1 the platform shall additionally provide information about the parental tools and safeguards required under section #ajc to a parent of the child and obtain verifiable consent 7as defined in section #acjb7i7 of the ,children's ,online ,privacy ,protection ,act 7#ae ,u4,s4,c4 #feja7i777 from the parent prior to the initial use of the covered platform by the child4 7,b7 ,reasonable effort ,a covered platform shall be deemed to have satisfied the requirement described in subparagraph 7,a7 if the covered platform is in compliance with the requirements of the ,children's ,online ,privacy ,protection ,act 7#ae ,u4,s4,c4 #feja et seq47 to use reasonable efforts 7taking into consideration available technology7 to provide a parent with the information described in subparagraph 7,a7 and to obtain verifiable consent as required4 7#c7 ,consolidated notices ,for purposes of this subtitle1 a covered platform may consolidate the process for providing information under this subsection and obtaining verifiable consent or the consent of the minor involved 7as applicable7 as required under this subsection with its obligations to provide relevant notice and obtain verifiable consent under the ,children's ,online ,privacy ,protection ,act 7#ae ,u4,s4,c4 #feja et seq474 7#d7 ,guidance ,the ,federal ,trade ,commission may issue guidance to assist covered platforms in complying with the specific notice requirements of this subsection4 7b7 ,personalized recommendation system ,a covered platform that operates a personalized recommendation system shall set out in its terms and conditions1 in a clear1 conspicuous1 and easy-to-understand manner-- 7#a7 an overview of how such personalized recommendation system is used by the covered platform to provide information to minors1 including how such systems use the personal data of minors2 and 7#b7 information about options for minors or their parents to opt out of or control the personalized recommendation system 7as applicable74 7c7 ,advertising and marketing information and labels 7#a7 ,information and labels ,a covered platform shall provide clear1 conspicuous1 and easy-to-understand labels and information1 which can be provided through a link to another web page or disclosure1 to minors on advertisements regarding-- 7,a7 the name of the product1 service1 or brand and the subject matter of an advertisement2 and 7,b7 whether particular media displayed to the minor is an advertisement or marketing material1 including disclosure of endorsements of products1 services1 or brands made for commercial consideration by other users of the platform4 7#b7 ,guidance ,the ,federal ,trade ,commission may issue guidance to assist covered platforms in complying with the requirements of this subsection1 including guidance about the minimum level of information and labels for the disclosures required under paragraph 7#a74 7d7 ,resources for parents and minors ,a covered platform shall provide to minors and parents clear1 conspicuous1 easy-to-understand1 and comprehensive information in a prominent location1 which may include a link to a web page1 regarding-- 7#a7 its policies and practices with respect to safeguards for minors required under section #ajc2 and 7#b7 how to access the safeguards and tools required under section #ajc4 7e7 ,resources in additional languages ,a covered platform shall ensure1 to the extent practicable1 that the disclosures required by this section are made available in the same language1 form1 and manner as the covered platform provides any product or service used by minors and their parents4 #aje4 ,transparency 7a7 ,in general ,subject to subsection 7b71 not less frequently than once a year1 a covered platform shall issue a public report describing the reasonably foreseeable risks of harms to minors and assessing the prevention and mitigation measures taken to address such risk based on an independent1 third-party audit conducted through reasonable inspection of the covered platform4 7b7 ,scope of application ,the requirements of this section shall apply to a covered platform if-- 7#a7 for the most recent calendar year1 the platform averaged more than #aj1jjj1jjj active users on a monthly basis in the ,united ,states2 and 7#b7 the platform predominantly provides a community forum for user-generated content and discussion1 including sharing videos1 images1 games1 audio files1 discussion in a virtual setting1 or other content1 such as acting as a social media platform1 virtual reality environment1 or a social network service4 7c7 ,content 7#a7 ,transparency ,the public reports required of a covered platform under this section shall include-- 7,a7 an assessment of the extent to which the platform is likely to be accessed by minors2 7,b7 a description of the commercial interests of the covered platform in use by minors2 7,c7 an accounting1 based on the data held by the covered platform1 of-- 7i7 the number of users using the covered platform that the platform knows to be minors in the ,united ,states2 7ii7 the median and mean amounts of time spent on the platform by users known to be minors in the ,united ,states who have accessed the platform during the reporting year on a daily1 weekly1 and monthly basis2 and 7iii7 the amount of content being accessed by users that the platform knows to be minors in the ,united ,states that is in ,english1 and the top #e non-,english languages used by users accessing the platform in the ,united ,states2 7,d7 an accounting of total reports received regarding1 and the prevalence 7which can be based on scientifically valid sampling methods using the content available to the covered platform in the normal course of business7 of content related to1 the harms described in section #ajb7;a71 disaggregated by category of harm and language1 including ,english and the top #e non-,english languages used by users accessing the platform from the ,united ,states 7as identified under subparagraph 7,c77iii772 and 7,e7 a description of any material breaches of parental tools or assurances regarding minors1 representations regarding the use of the personal data of minors1 and other matters regarding non-compliance with this subtitle4 7#b7 ,reasonably foreseeable risk of harm to minors ,the public reports required of a covered platform under this section shall include-- 7,a7 an assessment of the reasonably foreseeable risk of harms to minors posed by the covered platform1 specifically identifying those physical1 mental1 developmental1 or financial harms described in section #ajb7;a72 7,b7 a description of whether and how the covered platform uses design features that encourage or increase the frequency1 time spent1 or activity of minors on the covered platform1 such as infinite scrolling1 auto playing1 rewards for time spent on the platform1 notifications1 and other design features that result in compulsive usage of the covered platform by the minor2 7,c7 a description of whether1 how1 and for what purpose the platform collects or processes categories of personal data that may cause reasonably foreseeable risk of harms to minors2 7,d7 an evaluation of the efficacy of safeguards for minors and parental tools under section #ajc1 and any issues in delivering such safeguards and the associated parental tools2 7,e7 an evaluation of any other relevant matters of public concern over risk of harms to minors associated with the use of the covered platform2 and 7,f7 an assessment of differences in risk of harm to minors across different ,english and non-,english languages and efficacy of safeguards in those languages4 7#c7 ,mitigation ,the public reports required of a covered platform under this section shall include1 for ,english and the top #e non-,english languages used by users accessing the platform from the ,united ,states 7as identified under paragraph 7#b77;,c77iii777-- 7,a7 a description of the safeguards and parental tools available to minors and parents on the covered platform2 7,b7 a description of interventions by the covered platform when it had or has reason to believe that harms to minors could occur2 7,c7 a description of the prevention and mitigation measures intended to be taken in response to the known and emerging risks identified in its assessment of reasonably foreseeable risks of harms to minors1 including steps taken to-- 7i7 prevent harms to minors1 including adapting or removing design features or addressing through parental tools2 7ii7 provide the most protective level of control over privacy and safety by default2 and 7iii7 adapt recommendation systems to mitigate reasonably foreseeable risk of harms to minors1 as described in section #ajb7;a72 7,d7 a description of internal processes for handling reports and automated detection mechanisms for harms to minors1 including the rate1 timeliness1 and effectiveness of responses under the requirement of section #ajc7;c72 7,e7 the status of implementing prevention and mitigation measures identified in prior assessments2 and 7,f7 a description of the additional measures to be taken by the covered platform to address the circumvention of safeguards for minors and parental tools4 7d7 ,reasonable inspection ,in conducting an inspection of the reasonably foreseeable risk of harm to minors under this section1 an independent1 third-party auditor shall-- 7#a7 take into consideration the function of personalized recommendation systems2 7#b7 consult parents and youth experts1 including youth and families with relevant past or current experience1 public health and mental health nonprofit organizations1 health and development organizations1 and civil society with respect to the prevention of harms to minors2 7#c7 conduct research based on experiences of minors that use the covered platform1 including reports under section #ajc7;c7 and information provided by law enforcement2 7#d7 take account of research1 including research regarding design features1 marketing1 or product integrity1 industry best practices1 or outside research2 7#e7 consider indicia or inferences of age of users1 in addition to any self-declared information about the age of users2 and 7#f7 take into consideration differences in risk of reasonably foreseeable harms and effectiveness of safeguards across ,english and non-,english languages4 7e7 ,cooperation with independent1 third-party audit ,to facilitate the report required by subsection 7c71 a covered platform shall-- 7#a7 provide or otherwise make available to the independent third-party conducting the audit all information and material in its possession1 custody1 or control that is relevant to the audit2 7#b7 provide or otherwise make available to the independent third-party conducting the audit access to all network1 systems1 and assets relevant to the audit2 and 7#c7 disclose all relevant facts to the independent third-party conducting the audit1 and not misrepresent in any manner1 expressly or by implication1 any relevant fact4 7f7 ,privacy safeguards 7#a7 ,in general ,in issuing the public reports required under this section1 a covered platform shall take steps to safeguard the privacy of its users1 including ensuring that data is presented in a de-identified1 aggregated format such that it is not reasonably linkable to any user4 7#b7 ,rule of construction ,this section shall not be construed to require the disclosure of information that will lead to material vulnerabilities for the privacy of users or the security of a covered platform's service or create a significant risk of the violation of ,federal or ,state law4 7#c7 ,definition of de-identified ,as used in this subsection1 the term de-identified means data that does not identify and is not linked or reasonably linkable to a device that is linked or reasonably linkable to an individual1 regardless of whether the information is aggregated 7g7 ,location ,the public reports required under this section should be posted by a covered platform on an easy to find location on a publicly-available website4 #ajf4 ,research on social media and minors 7a7 ,definitions ,in this section3 7#a7 ,commission ,the term ,commission means the ,federal ,trade ,commission4 7#b7 ,national ,academy ,the term ,national ,academy means the ,national ,academy of ,sciences4 7#c7 ,secretary ,the term ,secretary means the ,secretary of ,health and ,human ,services4 7b7 ,research on social media harms ,not later than #ab months after the date of enactment of this ,act1 the ,commission shall seek to enter into a contract with the ,national ,academy1 under which the ,national ,academy shall conduct no less than #e scientific1 comprehensive studies and reports on the risk of harms to minors by use of social media and other online platforms1 including in ,english and non-,english languages4 7c7 ,matters to be addressed ,in contracting with the ,national ,academy1 the ,commission1 in consultation with the ,secretary1 shall seek to commission separate studies and reports1 using the ,commission's authority under section #f7;b7 of the ,federal ,trade ,commission ,act 7#ae ,u4,s4,c4 #df7;b771 on the relationship between social media and other online platforms as defined in this subtitle on the following matters3 7#a7 ,anxiety1 depression1 eating disorders1 and suicidal behaviors4 7#b7 ,substance use disorders and the use of narcotic drugs1 tobacco products1 gambling1 or alcohol by minors4 7#c7 ,sexual exploitation and abuse4 7#d7 ,addiction-like use of social media and design factors that lead to unhealthy and harmful overuse of social media4 7d7 ,additional study ,not earlier than #d years after enactment1 the ,commission shall seek to enter into a contract with the ,national ,academy under which the ,national ,academy shall conduct an additional study and report covering the matters described in subsection 7c7 for the purposes of providing additional information1 considering new research1 and other matters4 7e7 ,content of reports ,the comprehensive studies and reports conducted pursuant to this section shall seek to evaluate impacts and advance understanding1 knowledge1 and remedies regarding the harms to minors posed by social media and other online platforms1 and may include recommendations related to public policy4 7f7 ,active studies ,if the ,national ,academy is engaged in any active studies on the matters described in subsection 7c7 at the time that it enters into a contract with the ,commission to conduct a study under this section1 it may base the study to be conducted under this section on the active study1 so long as it otherwise incorporates the requirements of this section4 7g7 ,collaboration ,in designing and conducting the studies under this section1 the ,commission1 the ,secretary1 and the ,national ,academy shall consult with the ,surgeon ,general and the ,kids ,online ,safety ,council4 7h7 ,access to ,data 7#a7 ,fact-finding authority ,the ,commission may issue orders under section #f7;b7 of the ,federal ,trade ,commission ,act 7#ae ,u4,s4,c4 #df7;b77 to require covered platforms to provide reports1 data1 or answers in writing as necessary to conduct the studies required under this section4 7#b7 ,scope ,in exercising its authority under paragraph 7#a71 the ,commission may issue orders to no more than #e covered platforms per study under this section4 7#c7 ,confidential access ,notwithstanding section #f7;f7 or #ba of the ,federal ,trade ,commission ,act 7#ae ,u4,s4,c4 #df1 #eg;b-#b71 the ,commission shall enter in agreements with the ,national ,academy to share appropriate information received from a covered platform pursuant to an order under such subsection 7b7 for a comprehensive study under this section in a confidential and secure manner1 and to prohibit the disclosure or sharing of such information by the ,national ,academy4 ,nothing in this paragraph shall be construed to preclude the disclosure of any such information if authorized or required by any other law4 #ajg4 ,market research 7a7 ,market research by covered platforms ,the ,federal ,trade ,commission1 in consultation with the ,secretary of ,commerce1 shall issue guidance for covered platforms seeking to conduct market- and product-focused research on minors4 ,such guidance shall include-- 7#a7 a standard consent form that provides minors and their parents a clear1 conspicuous1 and easy-to-understand explanation of the scope and purpose of the research to be conducted that is available in ,english and the top #e non-,english languages used in the ,united ,states2 7#b7 information on how to obtain informed consent from the parent of a minor prior to conducting such market- and product-focused research2 and 7#c7 recommendations for research practices for studies that may include minors1 disaggregated by the age ranges of #j-e1 #f-i1 #aj-ab1 and #ac-af4 7b7 ,timing ,the ,federal ,trade ,commission shall issue such guidance not later than #ah months after the date of enactment of this ,act4 ,in doing so1 they shall seek input from members of the public and the representatives of the ,kids ,online ,safety ,council established under section #aaa4 #ajh4 ,age verification study and report 7a7 ,study ,the ,secretary of ,commerce1 in coordination with the ,federal ,communications ,commission and the ,federal ,trade ,commission1 shall conduct a study evaluating the most technologically feasible methods and options for developing systems to verify age at the device or operating system level4 7b7 ,contents ,such study shall consider -- 7#a7 the benefits of creating a device or operating system level age verification system2 7#b7 what information may need to be collected to create this type of age verification system2 7#c7 the accuracy of such systems and their impact or steps to improve accessibility1 including for individuals with disabilities2 7#d7 how such a system or systems could verify age while mitigating risks to user privacy and data security and safeguarding minors' personal data1 emphasizing minimizing the amount of data collected and processed by covered platforms and age verification providers for such a system2 7#e7 the technical feasibility1 including the need for potential hardware and software changes1 including for devices currently in commerce and owned by consumers2 and 7#f7 the impact of different age verification systems on competition1 particularly the risk of different age verification systems creating barriers to entry for small companies4 7c7 ,report ,not later than #a year after the date of enactment of this ,act1 the agencies described in subsection 7a7 shall submit a report containing the results of the study conducted under such subsection to the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate and the ,committee on ,energy and ,commerce of the ,house of ,representatives4 #aji4 ,guidance 7a7 ,in general ,not later than #ah months after the date of enactment of this ,act1 the ,federal ,trade ,commission1 in consultation with the ,kids ,online ,safety ,council established under section #aaa1 shall issue guidance to-- 7#a7 provide information and examples for covered platforms and auditors regarding the following1 with consideration given to differences across ,english and non-,english languages-- 7,a7 identifying design features that encourage or increase the frequency1 time spent1 or activity of minors on the covered platform2 7,b7 safeguarding minors against the possible misuse of parental tools2 7,c7 best practices in providing minors and parents the most protective level of control over privacy and safety2 7,d7 using indicia or inferences of age of users for assessing use of the covered platform by minors2 7,e7 methods for evaluating the efficacy of safeguards set forth in this subtitle2 and 7,f7 providing additional parental tool options that allow parents to address the harms described in section #ajb7;a72 and 7#b7 outline conduct that does not have the purpose or substantial effect of subverting or impairing user autonomy1 decision-making1 or choice1 or of causing1 increasing1 or encouraging compulsive usage for a minor1 such as-- 7,a7 de minimis user interface changes derived from testing consumer preferences1 including different styles1 layouts1 or text1 where such changes are not done with the purpose of weakening or disabling safeguards or parental tools2 7,b7 algorithms or data outputs outside the control of a covered platform2 and 7,c7 establishing default settings that provide enhanced privacy protection to users or otherwise enhance their autonomy and decision-making ability4 7b7 ,guidance on knowledge standard ,not later than #ah months after the date of enactment of this ,act1 the ,federal ,trade ,commission shall issue guidance to provide information1 including best practices and examples1 for covered platforms to understand how the ,commission would determine whether a covered platform had knowledge fairly implied on the basis of objective circumstances for purposes of this subtitle4 7c7 ,limitation on ,federal ,trade ,commission guidance 7#a7 ,effect of guidance ,no guidance issued by the ,federal ,trade ,commission with respect to this subtitle shall-- 7,a7 confer any rights on any person1 ,state1 or locality2 or 7,b7 operate to bind the ,federal ,trade ,commission or any court1 person1 ,state1 or locality to the approach recommended in such guidance4 7#b7 ,use in enforcement actions ,in any enforcement action brought pursuant to this subtitle1 the ,federal ,trade ,commission or a ,state attorney general1 as applicable-- 7,a7 shall allege a violation of a provision of this subtitle2 and 7,b7 may not base such enforcement action on1 or execute a consent order based on1 practices that are alleged to be inconsistent with guidance issued by the ,federal ,trade ,commission with respect to this subtitle1 unless the practices are alleged to violate a provision of this subtitle4 ,for purposes of enforcing this subtitle1 ,state attorneys general shall take into account any guidance issued by the ,commission under subsection 7b74 #aaj4 ,enforcement 7a7 ,enforcement by ,federal ,trade ,commission 7#a7 ,unfair and deceptive acts or practices ,a violation of this subtitle shall be treated as a violation of a rule defining an unfair or deceptive act or practice prescribed under section #ah7;a77#a77;,b7 of the ,federal ,trade ,commission ,act 7#ae ,u4,s4,c4 #eg;a7a77#a77;,b774 7#b7 ,powers of the ,commission 7,a7 ,in general ,the ,federal ,trade ,commission 7referred to in this section as the ,commission7 shall enforce this subtitle in the same manner1 by the same means1 and with the same jurisdiction1 powers1 and duties as though all applicable terms and provisions of the ,federal ,trade ,commission ,act 7#ae ,u4,s4,c4 #da et seq47 were incorporated into and made a part of this subtitle4 7,b7 ,privileges and immunities ,any person that violates this subtitle shall be subject to the penalties1 and entitled to the privileges and immunities1 provided in the ,federal ,trade ,commission ,act 7#ae ,u4,s4,c4 #da et seq474 7#c7 ,authority preserved ,nothing in this subtitle shall be construed to limit the authority of the ,commission under any other provision of law4 7b7 ,enforcement by ,state attorneys general 7#a7 ,in general 7,a7 ,civil actions ,in any case in which the attorney general of a ,state has reason to believe that a covered platform has violated or is violating section #ajc1 #ajd1 or #aje1 the ,state1 as parens patriae1 may bring a civil action on behalf of the residents of the ,state in a district court of the ,united ,states or a ,state court of appropriate jurisdiction to-- 7i7 enjoin any practice that violates section #ajc1 #ajd1 or #aje2 7ii7 enforce compliance with section #ajc1 #ajd1 or #aje2 7iii7 on behalf of residents of the ,state1 obtain damages1 restitution1 or other compensation1 each of which shall be distributed in accordance with ,state law2 or 7iv7 obtain such other relief as the court may consider to be appropriate4 7,b7 ,notice 7i7 ,in general ,before filing an action under subparagraph 7,a71 the attorney general of the ,state involved shall provide to the ,commission-- 7,i7 written notice of that action2 and 7,,ii7 a copy of the complaint for that action4 7ii7 ,exemption 7,i7 ,in general ,clause 7i7 shall not apply with respect to the filing of an action by an attorney general of a ,state under this paragraph if the attorney general of the ,state determines that it is not feasible to provide the notice described in that clause before the filing of the action4 7,,ii7 ,notification ,in an action described in subclause 7,i71 the attorney general of a ,state shall provide notice and a copy of the complaint to the ,commission at the same time as the attorney general files the action4 7#b7 ,intervention 7,a7 ,in general ,on receiving notice under paragraph 7#a77;,b71 the ,commission shall have the right to intervene in the action that is the subject of the notice4 7,b7 ,effect of intervention ,if the ,commission intervenes in an action under paragraph 7#a71 it shall have the right-- 7i7 to be heard with respect to any matter that arises in that action2 and 7ii7 to file a petition for appeal4 7#c7 ,construction ,for purposes of bringing any civil action under paragraph 7#a71 nothing in this subtitle shall be construed to prevent an attorney general of a ,state from exercising the powers conferred on the attorney general by the laws of that ,state to-- 7,a7 conduct investigations2 7,b7 administer oaths or affirmations2 or 7,c7 compel the attendance of witnesses or the production of documentary and other evidence4 7#d7 ,actions by the commission ,in any case in which an action is instituted by or on behalf of the ,commission for violation of this subtitle1 no ,state may1 during the pendency of that action1 institute a separate action under paragraph 7#a7 against any defendant named in the complaint in the action instituted by or on behalf of the ,commission for that violation4 7#e7 ,venue2 service of process 7,a7 ,venue ,any action brought under paragraph 7#a7 may be brought in-- 7i7 the district court of the ,united ,states that meets applicable requirements relating to venue under section #acia of title #bh1 ,united ,states ,code2 or 7ii7 a ,state court of competent jurisdiction4 7,b7 ,service of process ,in an action brought under paragraph 7#a7 in a district court of the ,united ,states1 process may be served wherever defendant-- 7i7 is an inhabitant2 or 7ii7 may be found4 7#f7 ,limitation ,a violation of section #ajb shall not form the basis of liability in any action brought by the attorney general of a ,state under a ,state law4 #aaa4 ,kids online safety council 7a7 ,establishment ,not later than #ahj days after the date of enactment of this ,act1 the ,secretary of ,commerce shall establish and convene the ,kids ,online ,safety ,council for the purpose of providing advice on matters related to this subtitle4 7b7 ,participation ,the ,kids ,online ,safety ,council shall include diverse participation from-- 7#a7 academic experts1 health professionals1 and members of civil society with expertise in mental health1 substance use disorders1 and the prevention of harms to minors2 7#b7 representatives in academia and civil society with specific expertise in privacy1 free expression1 access to information1 and civil liberties2 7#c7 parents and youth representation2 7#d7 representatives of covered platforms2 7#e7 representatives of the ,national ,telecommunications and ,information ,administration1 the ,national ,institute of ,standards and ,technology1 the ,federal ,trade ,commission1 the ,department of ,justice1 and the ,department of ,health and ,human ,services2 7#f7 ,state attorneys general or their designees acting in ,state or local government2 7#g7 educators2 and 7#h7 representatives of communities of socially disadvantaged individuals 7as defined in section #h of the ,small ,business ,act 7#ae ,u4,s4,c4 #fcg774 7c7 ,activities ,the matters to be addressed by the ,kids ,online ,safety ,council shall include-- 7#a7 identifying emerging or current risks of harms to minors associated with online platforms2 7#b7 recommending measures and methods for assessing1 preventing1 and mitigating harms to minors online2 7#c7 recommending methods and themes for conducting research regarding online harms to minors1 including in ,english and non-,english languages2 and 7#d7 recommending best practices and clear1 consensus-based technical standards for transparency reports and audits1 as required under this subtitle1 including methods1 criteria1 and scope to promote overall accountability4 7d7 ,non-applicability of ,,faca ,the ,kids ,online ,safety ,council shall not be subject to chapter #aj of title #e1 ,united ,states ,code 7commonly referred to as the ,federal ,advisory ,committee ,act74 #aab4 ,effective date ,except as otherwise provided in this subtitle1 this subtitle shall take effect on the date that is #ah months after the date of enactment of this ,act4 #aac4 ,rules of construction and other matters 7a7 ,relationship to other laws ,nothing in this subtitle shall be construed to-- 7#a7 preempt section #ddd of the ,general ,education ,provisions ,act 7#bj ,u4,s4,c4 #abcb;g1 commonly known as the ,family ,educational ,rights and ,privacy ,act of #aigd7 or other ,federal or ,state laws governing student privacy2 7#b7 preempt the ,children's ,online ,privacy ,protection ,act of #aiih 7#ae ,u4,s4,c4 #feja et seq47 or any rule or regulation promulgated under such ,act2 7#c7 authorize any action that would conflict with section #ah7;h7 of the ,federal ,trade ,commission ,act 7#ae ,u4,s4,c4 #eg;a7h772 or 7#d7 expand or limit the scope of section #bcj of the ,communications ,act of #aicd 7commonly known as section #bcj of the ,communications ,decency ,act of #aiif7 7#dg ,u4,s4,c4 #bcj74 7b7 ,determination of fairly implied on the basis of objective circumstances ,for purposes of enforcing this subtitle1 in making a determination as to whether covered platform has knowledge fairly implied on the basis of objective circumstances that a specific user is a minor1 the ,federal ,trade ,commission or a ,state attorney general shall rely on competent and reliable evidence1 taking into account the totality of the circumstances1 including whether a reasonable and prudent person under the circumstances would have known that the user is a minor4 7c7 ,protections for privacy ,nothing in this subtitle1 including a determination described in subsection 7b71 shall be construed to require-- 7#a7 the affirmative collection of any personal data with respect to the age of users that a covered platform is not already collecting in the normal course of business2 or 7#b7 a covered platform to implement an age gating or age verification functionality4 7d7 ,compliance ,nothing in this subtitle shall be construed to restrict a covered platform's ability to-- 7#a7 cooperate with law enforcement agencies regarding activity that the covered platform reasonably and in good faith believes may violate ,federal1 ,state1 or local laws1 rules1 or regulations2 7#b7 comply with a lawful civil1 criminal1 or regulatory inquiry1 subpoena1 or summons by ,federal1 ,state1 local1 or other government authorities2 or 7#c7 investigate1 establish1 exercise1 respond to1 or defend against legal claims4 7e7 ,application to video streaming services ,a video streaming service shall be deemed to be in compliance with this subtitle if it predominantly consists of news1 sports1 entertainment1 or other video programming content that is preselected by the provider and not user-generated1 and-- 7#a7 any chat1 comment1 or interactive functionality is provided incidental to1 directly related to1 or dependent on provision of such content2 7#b7 if such video streaming service requires account owner registration and is not predominantly news or sports1 the service includes the capability-- 7,a7 to limit a minor's access to the service1 which may utilize a system of age-rating2 7,b7 to limit the automatic playing of on-demand content selected by a personalized recommendation system for an individual that the service knows is a minor2 7,c7 for a parent to manage a minor's privacy and account settings1 and restrict purchases and financial transactions by a minor1 where applicable2 7,d7 to provide an electronic point of contact specific to matters described in this paragraph2 7,e7 to offer a clear1 conspicuous1 and easy-to-understand notice of its policies and practices with respect to the capabilities described in this paragraph2 and 7,f7 when providing on-demand content1 to employ measures that safeguard against serving advertising for narcotic drugs 7as defined in section #ajb of the ,controlled ,substances ,act 7#ba ,u4,s4,c4 #hjb771 tobacco products1 gambling1 or alcohol directly to the account or profile of an individual that the service knows is a minor4 ,b ,filter ,bubble ,transparency #abj4 ,definitions ,in this subtitle3 7#a7 ,algorithmic ranking system ,the term algorithmic ranking system means a computational process1 including one derived from algorithmic decision-making1 machine learning1 statistical analysis1 or other data processing or artificial intelligence techniques1 used to determine the selection1 order1 relative prioritization1 or relative prominence of content from a set of information that is provided to a user on an online platform1 including the ranking of search results1 the provision of content recommendations1 the display of social media posts1 or any other method of automated content selection4 7#b7 ,approximate geolocation information ,the term approximate geolocation information means information that identifies the location of an individual1 but with a precision of less than #e miles4 7#c7 ,commission ,the term ,commission means the ,federal ,trade ,commission4 7#d7 ,connected device ,the term connected device means an electronic device that-- 7,a7 is capable of connecting to the internet1 either directly or indirectly through a network1 to communicate information at the direction of an individual2 7,b7 has computer processing capabilities for collecting1 sending1 receiving1 or analyzing data2 and 7,c7 is primarily designed for or marketed to consumers4 7#e7 ,input-transparent algorithm 7,a7 ,in general ,the term input-transparent algorithm means an algorithmic ranking system that does not use the user-specific data of a user to determine the selection1 order1 relative prioritization1 or relative prominence of information that is furnished to such user on an online platform1 unless the user-specific data is expressly provided to the platform by the user for such purpose4 7,b7 ,data expressly provided to the platform ,for purposes of subparagraph 7,a71 user-specific data that is provided by a user for the express purpose of determining the selection1 order1 relative prioritization1 or relative prominence of information that is furnished to such user on an online platform-- 7i7 shall include user-supplied search terms1 filters1 speech patterns 7if provided for the purpose of enabling the platform to accept spoken input or selecting the language in which the user interacts with the platform71 saved preferences1 the resumption of a previous search1 and the current precise geolocation information that is supplied by the user2 7ii7 shall include the user's current approximate geolocation information2 7iii7 shall include data submitted to the platform by the user that expresses the user's desire to receive particular information1 such as the social media profiles the user follows1 the video channels the user subscribes to1 or other content or sources of content on the platform the user has selected2 7iv7 shall not include the history of the user's connected device1 including the user's history of web searches and browsing1 previous geographical locations1 physical activity1 device interaction1 and financial transactions2 and 7v7 shall not include inferences about the user or the user's connected device1 without regard to whether such inferences are based on data described in clause 7i7 or 7iii74 7#f7 ,online platform ,the term online platform means any public-facing website1 online service1 online application1 or mobile application that predominantly provides a community forum for user-generated content1 such as sharing videos1 images1 games1 audio files1 or other content1 including a social media service1 social network1 or virtual reality environment4 7#g7 ,opaque algorithm 7,a7 ,in general ,the term opaque algorithm means an algorithmic ranking system that determines the selection1 order1 relative prioritization1 or relative prominence of information that is furnished to such user on an online platform based1 in whole or part1 on user-specific data that was not expressly provided by the user to the platform for such purpose4 7,b7 ,exception for age-appropriate content filters ,such term shall not include an algorithmic ranking system used by an online platform if-- 7i7 the only user-specific data 7including inferences about the user7 that the system uses is information relating to the age of the user2 and 7ii7 such information is only used to restrict a user's access to content on the basis that the individual is not old enough to access such content4 7#h7 ,precise geolocation information ,the term precise geolocation information means geolocation information that identifies an individual's location to within a range of #e miles or less4 7#i7 ,user-specific data ,the term user-specific data means information relating to an individual or a specific connected device that would not necessarily be true of every individual or device4 #aba4 ,requirement to allow users to see unmanipulated content on internet platforms 7a7 ,in general ,beginning on the date that is #a year after the date of enactment of this ,act1 it shall be unlawful for any person to operate an online platform that uses an opaque algorithm unless the person complies with the requirements of subsection 7b74 7b7 ,opaque algorithm requirements 7#a7 ,in general ,the requirements of this subsection with respect to a person that operates an online platform that uses an opaque algorithm are the following3 7,a7 ,the person provides users of the platform with the following notices3 7i7 ,notice that the platform uses an opaque algorithm that uses user-specific data to select the content the user sees4 ,such notice shall be presented in a clear and conspicuous manner on the platform whenever the user interacts with an opaque algorithm for the first time1 and may be a one-time notice that can be dismissed by the user4 7ii7 ,notice1 to be included in the terms and conditions of the online platform1 in a clear1 accessible1 and easily comprehensible manner that is to be updated whenever the online platform makes a material change1 of-- 7,i7 the most salient features1 inputs1 and parameters used by the algorithm2 7,,ii7 how any user-specific data used by the algorithm is collected or inferred about a user of the platform1 and the categories of such data2 7,,iii7 any options that the online platform makes available for a user of the platform to opt out or exercise options under subparagraph 7,b71 modify the profile of the user or to influence the features1 inputs1 or parameters used by the algorithm2 and 7,,iv7 any quantities1 such as time spent using a product or specific measures of engagement or social interaction1 that the algorithm is designed to optimize1 as well as a general description of the relative importance of each quantity for such ranking4 7,b7 ,the online platform enables users to easily switch between the opaque algorithm and an input-transparent algorithm in their use of the platform4 7#b7 ,rule of construction ,nothing in this subsection shall be construed to require an online platform to disclose any information1 including data or algorithms-- 7,a7 relating to a trade secret or other protected intellectual property2 7,b7 that is confidential business information2 or 7,c7 that is privileged4 7#c7 ,prohibition on differential pricing ,an online platform shall not deny1 charge different prices or rates for1 or condition the provision of a service or product to a user based on the user's election to use an input-transparent algorithm in their use of the platform1 as provided under paragraph 7#a77;,b74 7c7 ,enforcement by ,federal ,trade ,commission 7#a7 ,unfair or deceptive acts or practices ,a violation of this section by an operator of an online platform shall be treated as a violation of a rule defining an unfair or deceptive act or practice prescribed under section #ah7;a77#a77;,b7 of the ,federal ,trade ,commission ,act 7#ae ,u4,s4,c4 #eg;a7a77#a77;,b774 7#b7 ,powers of commission 7,a7 ,in general ,the ,federal ,trade ,commission shall enforce this section in the same manner1 by the same means1 and with the same jurisdiction1 powers1 and duties as though all applicable terms and provisions of the ,federal ,trade ,commission ,act 7#ae ,u4,s4,c4 #da et seq47 were incorporated into and made a part of this section4 7,b7 ,privileges and immunities ,any person who violates this section shall be subject to the penalties and entitled to the privileges and immunities provided in the ,federal ,trade ,commission ,act 7#ae ,u4,s4,c4 #da et seq474 7,c7 ,authority preserved ,nothing in this section shall be construed to limit the authority of the ,commission under any other provision of law4 7d7 ,rule of construction to preserve personalized blocks ,nothing in this section shall be construed to limit or prohibit an online platform's ability to1 at the direction of an individual user or group of users1 restrict another user from searching for1 finding1 accessing1 or interacting with such user's or group's account1 content1 data1 or online community4 ,c ,relationship to ,state laws2 severability #acj4 ,relationship to ,state laws ,the provisions of this title shall preempt any ,state law1 rule1 or regulation only to the extent that such ,state law1 rule1 or regulation conflicts with a provision of this title4 ,nothing in this title shall be construed to prohibit a ,state from enacting a law1 rule1 or regulation that provides greater protection to minors than the protection provided by the provisions of this title4 #aca4 ,severability ,if any provision of this title1 or an amendment made by this title1 is determined to be unenforceable or invalid1 the remaining provisions of this title and the amendments made by this title shall not be affected4 ,,ii ,children and ,teen's ,online ,privacy #bja4 ,online collection1 use1 disclosure1 and deletion of personal information of children and teens 7a7 ,definitions ,section #acjb of the ,children's ,online ,privacy ,protection ,act of #aiih 7#ae ,u4,s4,c4 #feja7 is amended-- 7#a7 by amending paragraph 7#b7 to read as follows3 7#b7 ,operator ,the term operator-- 7,a7 means any person-- 7i7 who1 for commercial purposes1 in interstate or foreign commerce operates or provides a website on the internet1 an online service1 an online application1 or a mobile application2 and 7ii7 who-- 7,i7 collects or maintains1 either directly or through a service provider1 personal information from or about the users of that website1 service1 or application2 7,,ii7 allows another person to collect personal information directly from users of that website1 service1 or application 7in which case1 the operator is deemed to have collected the information72 or 7,,iii7 allows users of that website1 service1 or application to publicly disclose personal information 7in which case1 the operator is deemed to have collected the information72 and 7,b7 does not include any nonprofit entity that would otherwise be exempt from coverage under section #e of the ,federal ,trade ,commission ,act 7#ae ,u4,s4,c4 #de74 2 7#b7 in paragraph 7#d7-- 7,a7 by amending subparagraph 7,a7 to read as follows3 7,a7 the release of personal information collected from a child or teen by an operator for any purpose1 except where the personal information is provided to a person other than an operator who-- 7i7 provides support for the internal operations of the website1 online service1 online application1 or mobile application of the operator1 excluding any activity relating to individual-specific advertising to children or teens2 and 7ii7 does not disclose or use that personal information for any other purpose2 and 2 and 7,b7 in subparagraph 7,b7-- 7i7 by inserting or teen after child each place the term appears2 7ii7 by striking website or online service and inserting website1 online service1 online application1 or mobile application2 and 7iii7 by striking actual knowledge and inserting actual knowledge or knowledge fairly implied on the basis of objective circumstances2 7#c7 by striking paragraph 7#h7 and inserting the following3 7#h7 ,personal information 7,a7 ,in general ,the term personal information means individually identifiable information about an individual collected online1 including-- 7i7 a first and last name2 7ii7 a home or other physical address including street name and name of a city or town2 7iii7 an e-mail address2 7iv7 a telephone number2 7v7 a ,social ,security number2 7vi7 any other identifier that the ,commission determines permits the physical or online contacting of a specific individual2 7vii7 a persistent identifier that can be used to recognize a specific child or teen over time and across different websites1 online services1 online applications1 or mobile applications1 including but not limited to a customer number held in a cookie1 an ,internet ,protocol 7,,ip7 address1 a processor or device serial number1 or unique device identifier1 but excluding an identifier that is used by an operator solely for providing support for the internal operations of the website1 online service1 online application1 or mobile application2 7viii7 a photograph1 video1 or audio file where such file contains a specific child's or teen's image or voice2 7ix7 geolocation information2 7x7 information generated from the measurement or technological processing of an individual's biological1 physical1 or physiological characteristics that is used to identify an individual1 including-- 7,i7 fingerprints2 7,,ii7 voice prints2 7,,iii7 iris or retina imagery scans2 7,,iv7 facial templates2 7,v7 deoxyribonucleic acid 7,,dna7 information2 or 7,,vi7 gait2 or 7xi7 information linked or reasonably linkable to a child or teen or the parents of that child or teen 7including any unique identifier7 that an operator collects online from the child or teen and combines with an identifier described in this subparagraph4 7,b7 ,exclusion ,the term personal information shall not include an audio file that contains a child's or teen's voice so long as the operator-- 7i7 does not request information via voice that would otherwise be considered personal information under this paragraph2 7ii7 provides clear notice of its collection and use of the audio file and its deletion policy in its privacy policy2 7iii7 only uses the voice within the audio file solely as a replacement for written words1 to perform a task1 or engage with a website1 online service1 online application1 or mobile application1 such as to perform a search or fulfill a verbal instruction or request2 and 7iv7 only maintains the audio file long enough to complete the stated purpose and then immediately deletes the audio file and does not make any other use of the audio file prior to deletion4 7,c7 ,support for the internal operations of a website1 online service1 online application1 or mobile application 7i7 ,in general ,for purposes of subparagraph 7,a77vii71 the term support for the internal operations of a website1 online service1 online application1 or mobile application means those activities necessary to-- 7,i7 maintain or analyze the functioning of the website1 online service1 online application1 or mobile application2 7,,ii7 perform network communications2 7,,iii7 authenticate users of1 or personalize the content on1 the website1 online service1 online application1 or mobile application2 7,,iv7 serve contextual advertising1 provided that any persistent identifier is only used as necessary for technical purposes to serve the contextual advertisement1 or cap the frequency of advertising2 7,v7 protect the security or integrity of the user1 website1 online service1 online application1 or mobile application2 7,,vi7 ensure legal or regulatory compliance1 or 7,,vii7 fulfill a request of a child or teen as permitted by subparagraphs 7,a7 through 7,c7 of section #acjc7;b77#b74 7ii7 ,condition ,except as specifically permitted under clause 7i71 information collected for the activities listed in clause 7i7 cannot be used or disclosed to contact a specific individual1 including through individual-specific advertising to children or teens1 to amass a profile on a specific individual1 in connection with processes that encourage or prompt use of a website or online service1 or for any other purpose4 2 7#d7 by amending paragraph 7#i7 to read as follows3 7#i7 ,verifiable consent ,the term verifiable consent means any reasonable effort 7taking into consideration available technology71 including a request for authorization for future collection1 use1 and disclosure described in the notice1 to ensure that1 in the case of a child1 a parent of the child1 or1 in the case of a teen1 the teen-- 7,a7 receives direct notice of the personal information collection1 use1 and disclosure practices of the operator2 and 7,b7 before the personal information of the child or teen is collected1 freely and unambiguously authorizes-- 7i7 the collection1 use1 and disclosure1 as applicable1 of that personal information2 and 7ii7 any subsequent use of that personal information4 2 7#e7 in paragraph 7#aj7-- 7,a7 in the paragraph header1 by striking ,website or online service directed to children and inserting ,website1 online service1 online application1 or mobile application directed to children2 7,b7 by striking website or online service each place it appears and inserting website1 online service1 online application1 or mobile application2 and 7,c7 by adding at the end the following new subparagraph3 7,c7 ,rule of construction ,in considering whether a website1 online service1 online application1 or mobile application1 or portion thereof1 is directed to children1 the ,commission shall apply a totality of circumstances test and will also consider competent and reliable empirical evidence regarding audience composition and evidence regarding the intended audience of the website1 online service1 online application1 or mobile application4 2 and 7#f7 by adding at the end the following3 7#ac7 ,connected device ,the term connected device means a device that is capable of connecting to the internet1 directly or indirectly1 or to another connected device4 7#ad7 ,online application ,the term online application-- 7,a7 means an internet-connected software program2 and 7,b7 includes a service or application offered via a connected device4 7#ae7 ,mobile application ,the term mobile application-- 7,a7 means a software program that runs on the operating system of-- 7i7 a cellular telephone2 7ii7 a tablet computer2 or 7iii7 a similar portable computing device that transmits data over a wireless connection2 and 7,b7 includes a service or application offered via a connected device4 7#af7 ,geolocation information ,the term geolocation information means information sufficient to identify a street name and name of a city or town4 7#ag7 ,teen ,the term teen means an individual who has attained age #ac and is under the age of #ag4 7#ah7 ,individual-specific advertising to children or teens 7,a7 ,in general ,the term individual-specific advertising to children or teens means advertising or any other effort to market a product or service that is directed to a specific child or teen or a connected device that is linked or reasonably linkable to a child or teen based on-- 7i7 the personal information from-- 7,i7 the child or teen2 or 7,,ii7 a group of children or teens who are similar in sex1 age1 household income level1 race1 or ethnicity to the specific child or teen to whom the product or service is marketed2 7ii7 profiling of a child or teen or group of children or teens2 or 7iii7 a unique identifier of the connected device4 7,b7 ,exclusions ,the term individual-specific advertising to children or teens shall not include-- 7i7 advertising or marketing to an individual or the device of an individual in response to the individual's specific request for information or feedback1 such as a child's or teen's current search query2 7ii7 contextual advertising1 such as when an advertisement is displayed based on the content of the website1 online service1 online application1 mobile application1 or connected device in which the advertisement appears and does not vary based on personal information related to the viewer2 or 7iii7 processing personal information solely for measuring or reporting advertising or content performance1 reach1 or frequency1 including independent measurement4 7,c7 ,rule of construction ,nothing in subparagraph 7,a7 shall be construed to prohibit an operator with actual knowledge or knowledge fairly implied on the basis of objective circumstances that a user is under the age of #ag from delivering advertising or marketing that is age-appropriate and intended for a child or teen audience1 so long as the operator does not use any personal information other than whether the user is under the age of #ag4 4 7b7 ,online collection1 use1 disclosure1 and deletion of personal information of children and teens ,section #acjc of the ,children's ,online ,privacy ,protection ,act of #aiih 7#ae ,u4,s4,c4 #fejb7 is amended-- 7#a7 by striking the heading and inserting the following3 ,online collection1 use1 disclosure1 and deletion of personal information of children and teens42 7#b7 in subsection 7a7-- 7,a7 by amending paragraph 7#a7 to read as follows3 7#a7 ,in general ,it is unlawful for an operator of a website1 online service1 online application1 or mobile application directed to children or for any operator of a website1 online service1 online application1 or mobile application with actual knowledge or knowledge fairly implied on the basis of objective circumstances that a user is a child or teen-- 7,a7 to collect personal information from a child or teen in a manner that violates the regulations prescribed under subsection 7b72 7,b7 except as provided in subparagraphs 7,b7 and 7,c7 of section #acjb7ah71 to collect1 use1 disclose to third parties1 or maintain personal information of a child or teen for purposes of individual-specific advertising to children or teens 7or to allow another person to collect1 use1 disclose1 or maintain such information for such purpose72 7,c7 to collect the personal information of a child or teen except when the collection of the personal information is-- 7i7 consistent with the context of a particular transaction or service or the relationship of the child or teen with the operator1 including collection necessary to fulfill a transaction or provide a product or service requested by the child or teen2 or 7ii7 required or specifically authorized by ,federal or ,state law2 or 7,d7 to store or transfer the personal information of a child or teen outside of the ,united ,states unless the operator provides direct notice to the parent of the child1 in the case of a child1 or to the teen1 in the case of a teen1 that the child's or teen's personal information is being stored or transferred outside of the ,united ,states2 or 7,e7 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 required or specifically authorized by ,federal or ,state law4 2 and 7,b7 in paragraph 7#b7-- 7i7 in the header1 by striking parent and inserting parent or teen 7ii7 by striking ,notwithstanding paragraph 7#a7 and inserting ,notwithstanding paragraph 7#a77;,a72 7iii7 by striking of such a website or online service2 and 7iv7 by striking subsection 7b77#a77;,b77iii7 to the parent of a child and inserting subsection 7b77#a77;,b77iv7 to the parent of a child or under subsection 7b77#a77;,c77iv7 to a teen2 7#c7 in subsection 7b7-- 7,a7 in paragraph 7#a7-- 7i7 in subparagraph 7,a7-- 7,i7 by striking operator of any website and all that follows through from a child and inserting operator of a website1 online service1 online application1 or mobile application directed to children or that has actual knowledge or knowledge fairly implied on the basis of objective circumstances that a user is a child or teen2 7,,ii7 in clause 7i7-- 7aa7 by striking notice on the website and inserting clear and conspicuous notice on the website2 7bb7 by inserting or teens after children2 7cc7 by striking 1 and the operator's and inserting 1 the operator's2 and 7dd7 by striking 2 and and inserting 1 the rights and opportunities available to the parent of the child or teen under subparagraphs 7,b7 and 7,c71 and the procedures or mechanisms the operator uses to ensure that personal information is not collected from children or teens except in accordance with the regulations promulgated under this paragraph22 7,,iii7 in clause 7ii7-- 7aa7 by striking parental2 7bb7 by inserting or teens after children2 7cc7 by striking the semicolon at the end and inserting 2 and2 and 7,,iv7 by inserting after clause 7ii7 the following new clause3 7iii7 to obtain verifiable consent from a parent of a child or from a teen before using or disclosing personal information of the child or teen for any purpose that is a material change from the original purposes and disclosure practices specified to the parent of the child or the teen under clause 7i72 2 7ii7 in subparagraph 7,b7-- 7,i7 in the matter preceding clause 7i71 by striking website or online service and inserting operator2 7,,ii7 in clause 7i71 by inserting and the method by which the operator obtained the personal information1 and the purposes for which the operator collects1 uses1 discloses1 and retains the personal information before the semicolon2 7,,iii7 in clause 7ii7-- 7aa7 by inserting to delete personal information collected from the child or content or information submitted by the child to a website1 online service1 online application1 or mobile application and after the opportunity at any time2 and 7bb7 by striking 2 and and inserting a semicolon2 7,,iv7 by redesignating clause 7iii7 as clause 7iv7 and inserting after clause 7ii7 the following new clause3 7iii7 the opportunity to challenge the accuracy of the personal information and1 if the parent of the child establishes the inaccuracy of the personal information1 to have the inaccurate personal information corrected2 2 and 7,v7 in clause 7iv71 as so redesignated1 by inserting 1 if such information is available to the operator at the time the parent makes the request before the semicolon2 7iii7 by redesignating subparagraphs 7,c7 and 7,d7 as subparagraphs 7,d7 and 7,e71 respectively2 7iv7 by inserting after subparagraph 7,b7 the following new subparagraph3 7,c7 require the operator to provide1 upon the request of a teen under this subparagraph who has provided personal information to the operator1 upon proper identification of that teen-- 7i7 a description of the specific types of personal information collected from the teen by the operator1 the method by which the operator obtained the personal information1 and the purposes for which the operator collects1 uses1 discloses1 and retains the personal information2 7ii7 the opportunity at any time to delete personal information collected from the teen or content or information submitted by the teen to a website1 online service1 online application1 or mobile application and to refuse to permit the operator's further use or maintenance in retrievable form1 or online collection1 of personal information from the teen2 7iii7 the opportunity to challenge the accuracy of the personal information and1 if the teen establishes the inaccuracy of the personal information1 to have the inaccurate personal information corrected2 and 7iv7 a means that is reasonable under the circumstances for the teen to obtain any personal information collected from the teen1 if such information is available to the operator at the time the teen makes the request2 2 7v7 in subparagraph 7,d71 as so redesignated-- 7,i7 by striking a child's and inserting a child's or teen's2 and 7,,ii7 by inserting or teen after the child2 and 7vi7 by amending subparagraph 7,e71 as so redesignated1 to read as follows3 7,e7 require the operator to establish1 implement1 and maintain reasonable security practices to protect the confidentiality1 integrity1 and accessibility of personal information of children or teens collected by the operator1 and to protect such personal information against unauthorized access4 2 7,b7 in paragraph 7#b7-- 7i7 in the matter preceding subparagraph 7,a71 by striking verifiable parental consent and inserting verifiable consent2 7ii7 in subparagraph 7,a7-- 7,i7 by inserting or teen after collected from a child2 7,,ii7 by inserting or teen after request from the child2 and 7,,iii7 by inserting or teen or to contact another child or teen after to recontact the child2 7iii7 in subparagraph 7,b7-- 7,i7 by striking parent or child and inserting parent or teen2 and 7,,ii7 by striking parental consent each place the term appears and inserting verifiable consent2 7iv7 in subparagraph 7,c7-- 7,i7 in the matter preceding clause 7i71 by inserting or teen after child each place the term appears2 7,,ii7 in clause 7i7-- 7aa7 by inserting or teen after child each place the term appears2 and 7bb7 by inserting or teen1 as applicable1 after parent each place the term appears2 and 7,,iii7 in clause 7ii7-- 7aa7 by striking without notice to the parent and inserting without notice to the parent or teen1 as applicable12 and 7bb7 by inserting or teen after child each place the term appears2 and 7v7 in subparagraph 7,d7-- 7,i7 in the matter preceding clause 7i71 by inserting or teen after child each place the term appears2 7,,ii7 in clause 7ii71 by inserting or teen after child2 and 7,,iii7 in the flush text following clause 7iii7-- 7aa7 by inserting or teen1 as applicable1 after parent each place the term appears2 and 7bb7 by inserting or teen after child2 7,c7 by redesignating paragraph 7#c7 as paragraph 7#d7 and inserting after paragraph 7#b7 the following new paragraph3 7#c7 ,application to operators acting under agreements with educational agencies or institutions ,the regulations may provide that verifiable consent under paragraph 7#a77;,a77ii7 is not required for an operator that is acting under a written agreement with an educational agency or institution 7as defined in section #ddd of the ,general ,education ,provisions ,act 7commonly known as the ,family ,educational ,rights and ,privacy ,act of #aigd7 7#bj ,u4,s4,c4 #abcb;g7a77#c77 that1 at a minimum1 requires the-- 7,a7 operator to-- 7i7 limit its collection1 use1 and disclosure of the personal information from a child or teen to solely educational purposes and for no other commercial purposes2 7ii7 provide the educational agency or institution with a notice of the specific types of personal information the operator will collect from the child or teen1 the method by which the operator will obtain the personal information1 and the purposes for which the operator will collect1 use1 disclose1 and retain the personal information2 7iii7 provide the educational agency or institution with a link to the operator's online notice of information practices as required under subsection 7b77#a77;,a77i72 and 7iv7 provide the educational agency or institution1 upon request1 with a means to review the personal information collected from a child or teen1 to prevent further use or maintenance or future collection of personal information from a child or teen1 and to delete personal information collected from a child or teen or content or information submitted by a child or teen to the operator's website1 online service1 online application1 or mobile application2 7,b7 representative of the educational agency or institution to acknowledge and agree that they have authority to authorize the collection1 use1 and disclosure of personal information from children or teens on behalf of the educational agency or institution1 along with such authorization1 their name1 and title at the educational agency or institution2 and 7,c7 educational agency or institution to-- 7i7 provide on its website a notice that identifies the operator with which it has entered into a written agreement under this subsection and provides a link to the operator's online notice of information practices as required under paragraph 7#a77;,a77i72 7ii7 provide the operator's notice regarding its information practices1 as required under subparagraph 7,a77ii71 upon request1 to a parent1 in the case of a child1 or a parent or teen1 in the case of a teen2 and 7iii7 upon the request of a parent1 in the case of a child1 or a parent or teen1 in the case of a teen1 request the operator provide a means to review the personal information from the child or teen and provide the parent1 in the case of a child1 or parent or teen1 in the case of the teen1 a means to review the personal information4 2 7,d7 by amending paragraph 7#d71 as so redesignated1 to read as follows3 7#d7 ,termination of service ,the regulations shall permit the operator of a website1 online service1 online application1 or mobile application to terminate service provided to a child whose parent has refused1 or a teen who has refused1 under the regulations prescribed under paragraphs 7#a77;,b77ii7 and 7#a77;,c77ii71 to permit the operator's further use or maintenance in retrievable form1 or future online collection of1 personal information from that child or teen4 2 and 7,e7 by adding at the end the following new paragraphs3 7#e7 ,continuation of service ,the regulations shall prohibit an operator from discontinuing service provided to a child or teen on the basis of a request by the parent of the child or by the teen1 under the regulations prescribed under subparagraph 7,b7 or 7,c7 of paragraph 7#a71 respectively1 to delete personal information collected from the child or teen1 to the extent that the operator is capable of providing such service without such information4 7#f7 ,rule of construction ,a request made pursuant to subparagraph 7,b7 or 7,c7 of paragraph 7#a7 to delete or correct personal information of a child or teen shall not be construed-- 7,a7 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 jurisdiction2 7,b7 to require an operator or third party delete or correct information that-- 7i7 any other provision of ,federal or ,state law requires the operator or third party to maintain2 or 7ii7 was submitted to the website1 online service1 online application1 or mobile application of the operator by any person other than the user who is attempting to erase or otherwise eliminate the content or information1 including content or information submitted by the user that was republished or resubmitted by another person2 or 7,c7 to prohibit an operator from-- 7i7 retaining a record of the deletion request and the minimum information necessary for the purposes of ensuring compliance with a request made pursuant to subparagraph 7,b7 or 7,c72 7ii7 preventing1 detecting1 protecting against1 or responding to security incidents1 identity theft1 or fraud1 or reporting those responsible for such actions2 7iii7 protecting the integrity or security of a website1 online service1 online application or mobile application2 or 7iv7 ensuring that the child's or teen's information remains deleted4 7#g7 ,common verifiable consent mechanism 7,a7 ,in general 7i7 ,feasibility of mechanism ,the ,commission shall assess the feasibility1 with notice and public comment1 of allowing operators the option to use a common verifiable consent mechanism that fully meets the requirements of this title4 7ii7 ,requirements ,the feasibility assessment described in clause 7i7 shall consider whether a single operator could use a common verifiable consent mechanism to obtain verifiable consent1 as required under this title1 from a parent of a child or from a teen on behalf of multiple1 listed operators that provide a joint or related service4 7,b7 ,report ,not later than #a year after the date of enactment of this paragraph1 the ,commission shall submit a report to the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate and the ,committee on ,energy and ,commerce of the ,house of ,representatives with the findings of the assessment required by subparagraph 7,a74 7,c7 ,regulations ,if the ,commission finds that the use of a common verifiable consent mechanism is feasible and would meet the requirements of this title1 the ,commission shall issue regulations to permit the use of a common verifiable consent mechanism in accordance with the findings outlined in such report4 2 7#d7 in subsection 7c71 by striking a regulation prescribed under subsection 7a7 and inserting subparagraph 7,b71 7,c71 7,d71 or 7,e7 of subsection 7a77#a71 or of a regulation prescribed under subsection 7b712 and 7#e7 by striking subsection 7d7 and inserting the following3 7d7 ,relationship to ,state law ,the provisions of this title shall preempt any ,state law1 rule1 or regulation only to the extent that such ,state law1 rule1 or regulation conflicts with a provision of this title4 ,nothing in this title shall be construed to prohibit any ,state from enacting a law1 rule1 or regulation that provides greater protection to children or teens than the provisions of this title4 4 7c7 ,safe harbors ,section #acjd of the ,children's ,online ,privacy ,protection ,act of #aiih 7#ae ,u4,s4,c4 #fejc7 is amended-- 7#a7 in subsection 7b77#a71 by inserting and teens after children2 and 7#b7 by adding at the end the following3 7d7 ,publication 7#a7 ,in general ,subject to the restrictions described in paragraph 7#b71 the ,commission shall publish on the internet website of the ,commission any report or documentation required by regulation to be submitted to the ,commission to carry out this section4 7#b7 ,restrictions on publication ,the restrictions described in section #f7;f7 and section #ba of the ,federal ,trade ,commission ,act 7#ae ,u4,s4,c4 #df7;f71 #eg;b-#b7 applicable to the disclosure of information obtained by the ,commission shall apply in same manner to the disclosure under this subsection of information obtained by the ,commission from a report or documentation described in paragraph 7#a74 4 7d7 ,actions by ,states ,section #acje of the ,children's ,online ,privacy ,protection ,act of #aiih 7#ae ,u4,s4,c4 #fejd7 is amended-- 7#a7 in subsection 7a77#a7-- 7,a7 in the matter preceding subparagraph 7,a71 by inserting section #acjc7;a77#a7 or before any regulation2 and 7,b7 in subparagraph 7,b71 by inserting section #acjc7;a77#a7 or before the regulation2 and 7#b7 in subsection 7d7-- 7,a7 by inserting section #acjc7;a77#a7 or before any regulation2 and 7,b7 by inserting section #acjc7;a77#a7 or before that regulation4 7e7 ,administration and applicability of ,act ,section #acjf of the ,children's ,online ,privacy ,protection ,act of #aiih 7#ae ,u4,s4,c4 #feje7 is amended-- 7#a7 in subsection 7b7-- 7,a7 in paragraph 7#a71 by striking 1 in the case of and all that follows through the ,board of ,directors of the ,federal ,deposit ,insurance ,corporation2 and inserting the following3 by the appropriate ,federal banking agency1 with respect to any insured depository institution 7as those terms are defined in section #c of that ,act 7#ab ,u4,s4,c4 #ahac7722 and 7,b7 by striking paragraph 7#b7 and redesignating paragraphs 7#c7 through 7#f7 as paragraphs 7#b7 through 7#e71 respectively2 7#b7 in subsection 7d7-- 7,a7 by inserting section #acjc7;a77#a7 or before a rule2 and 7,b7 by striking such rule and inserting section #acjc7;a77#a7 or a rule of the ,commission under section #acjc2 and 7#c7 by adding at the end the following new subsections3 7f7 ,determination of whether an operator has knowledge fairly implied on the basis of objective circumstances 7#a7 ,rule of construction ,for purposes of enforcing this title or a regulation promulgated under this title1 in making a determination as to whether an operator has knowledge fairly implied on the basis of objective circumstances that a specific user is a child or teen1 the ,commission or ,state attorneys general shall rely on competent and reliable evidence1 taking into account the totality of the circumstances1 including whether a reasonable and prudent person under the circumstances would have known that the user is a child or teen4 ,nothing in this title1 including a determination described in the preceding sentence1 shall be construed to require an operator to-- 7,a7 affirmatively collect any personal information with respect to the age of a child or teen that an operator is not already collecting in the normal course of business2 or 7,b7 implement an age gating or age verification functionality4 7#b7 ,commission guidance 7,a7 ,in general ,within #ahj days of enactment1 the ,commission shall issue guidance to provide information1 including best practices and examples for operators to understand the ,commission's determination of whether an operator has knowledge fairly implied on the basis of objective circumstances that a user is a child or teen4 7,b7 ,limitation ,no guidance issued by the ,commission with respect to this title shall confer any rights on any person1 ,state1 or locality1 nor shall operate to bind the ,commission or any person to the approach recommended in such guidance4 ,in any enforcement action brought pursuant to this title1 the ,commission or ,state attorney general1 as applicable1 shall allege a specific violation of a provision of this title4 ,the ,commission or ,state attorney general1 as applicable1 may not base an enforcement action on1 or execute a consent order based on1 practices that are alleged to be inconsistent with any such guidance1 unless the practices allegedly violate this title4 ,for purposes of enforcing this title or a regulation promulgated under this title1 ,state attorneys general shall take into account any guidance issued by the ,commission under subparagraph 7,a74 7g7 ,additional requirement ,any regulations issued 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 #aihj 7#e ,u4,s4,c4 #fja et seq474 4 #bjb4 ,study and reports of mobile and online application oversight and enforcement 7a7 ,oversight report ,not later than #c years after the date of enactment of this ,act1 the ,federal ,trade ,commission shall submit to the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate and the ,committee on ,energy and ,commerce of the ,house of ,representatives a report on the processes of platforms that offer mobile and online applications for ensuring that1 of those applications that are websites1 online services1 online applications1 or mobile applications directed to children1 the applications operate in accordance with-- 7#a7 this title1 the amendments made by this title1 and rules promulgated under this title2 and 7#b7 rules promulgated by the ,commission under section #ah of the ,federal ,trade ,commission ,act 7#ae ,u4,s4,c4 #eg;a7 relating to unfair or deceptive acts or practices in marketing4 7b7 ,enforcement report ,not later than #a year after the date of enactment of this ,act1 and each year thereafter1 the ,federal ,trade ,commission shall submit to the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate and the ,committee on ,energy and ,commerce of the ,house of ,representatives a report that addresses1 at a minimum-- 7#a7 the number of actions brought by the ,commission during the reporting year to enforce the ,children's ,online ,privacy ,protection ,act of #aiih 7#ae ,u4,s4,c4 #feja7 7referred to in this subsection as the ,act7 and the outcome of each such action2 7#b7 the total number of investigations or inquiries into potential violations of the ,act2 during the reporting year2 7#c7 the total number of open investigations or inquiries into potential violations of the ,act as of the time the report is submitted2 7#d7 the number and nature of complaints received by the ,commission relating to an allegation of a violation of the ,act during the reporting year2 and 7#e7 policy or legislative recommendations to strengthen online protections for children and teens4 #bjc4 ,,gao study 7a7 ,study ,the ,comptroller ,general of the ,united ,states 7in this section referred to as the ,comptroller ,general7 shall conduct a study on the privacy of teens who use financial technology products4 ,such study shall-- 7#a7 identify the type of financial technology products that teens are using2 7#b7 identify the potential risks to teens' privacy from using such financial technology products2 and 7#c7 determine whether existing laws are sufficient to address such risks to teens' privacy4 7b7 ,report ,not later than #a year after the date of enactment of this section1 the ,comptroller ,general shall submit to ,congress a report containing the results of the study conducted under subsection 7a71 together with recommendations for such legislation and administrative action as the ,comptroller ,general determines appropriate4 #bjd4 ,severability ,if any provision of this title1 or an amendment made by this title1 is determined to be unenforceable or invalid1 the remaining provisions of this title and the amendments made by this title shall not be affected4 ,,iii ,eliminating ,useless ,reports #cja4 ,sunsets for agency reports 7a7 ,in general ,section #aabe of title #ca1 ,united ,states ,code1 is amended-- 7#a7 by redesignating subsection 7c7 as subsection 7d72 7#b7 by striking subsections 7a7 and 7b7 and inserting the following3 7a7 ,definitions ,in this section3 7#a7 ,budget justification materials ,the term budget justification materials has the meaning given the term in section #c7;b77#b7 of the ,federal ,funding ,accountability and ,transparency ,act of #bjjf 7#ca ,u4,s4,c4 #faja note2 ,public ,law #aji-bhb74 7#b7 ,plan or report ,the term plan or report means any plan or report submitted to ,congress1 any committee of ,congress1 or subcommittee thereof1 by not less than #a agency-- 7,a7 in accordance with ,federal law2 or 7,b7 at the direction or request of a congressional report4 7#c7 ,recurring plan or report ,the term recurring plan or report means a plan or report submitted on a recurring basis4 7#d7 ,relevant congressional committee ,the term relevant congressional committee-- 7,a7 means a congressional committee to which a recurring plan or report is required to be submitted2 and 7,b7 does not include any plan or report that is required to be submitted solely to the ,committee on ,armed ,services of the ,house of ,representatives or the ,senate4 7b7 ,agency identification of unnecessary reports 7#a7 ,in general ,the head of each agency shall include in the budget justification materials of the agency the following3 7,a7 ,subject to paragraphs 7#b7 and 7#c71 the following3 7i7 ,a list of each recurring plan or report submitted by the agency4 7ii7 ,an identification of whether the recurring plan or report listed in clause 7i7 was included in the most recent report issued by the ,clerk of the ,house of ,representatives concerning the reports that any agency is required by law or directed or requested by a committee report to make to ,congress1 any committee of ,congress1 or subcommittee thereof4 7iii7 ,if applicable1 the unique alphanumeric identifier for the recurring plan or report as required by section #gbdc7;b77#a77;,c77vii7 of the ,james ,m4 ,inhofe ,national ,defense ,authorization ,act for ,fiscal ,year #bjbc 7,public ,law #aag-bfc74 7iv7 ,the identification of any recurring plan or report the head of the agency determines to be outdated or duplicative4 7,b7 ,with respect to each recurring plan or report identified in subparagraph 7,a77iv71 the following3 7i7 ,a recommendation on whether to sunset1 modify1 consolidate1 or reduce the frequency of the submission of the recurring plan or report4 7ii7 ,a citation to each provision of law or directive or request in a congressional report that requires or requests the submission of the recurring plan or report4 7iii7 ,a list of the relevant congressional committees for the recurring plan or report4 7,c7 ,a justification explaining1 with respect to each recommendation described in subparagraph 7,b77i7 relating to a recurring plan or report-- 7i7 why the head of the agency made the recommendation1 which may include an estimate of the resources expended by the agency to prepare and submit the recurring plan or report2 and 7ii7 the understanding of the head of the agency of the purpose of the recurring plan or report4 7#b7 ,agency consultation 7,a7 ,in general ,in preparing the list required under paragraph 7#a77;,a71 if1 in submitting a recurring plan or report1 an agency is required to coordinate or consult with another agency or entity1 the head of the agency submitting the recurring plan or report shall consult with the head of each agency or entity with whom consultation or coordination is required4 7,b7 ,inclusion in list ,if1 after a consultation under subparagraph 7,a71 the head of each agency or entity consulted under that subparagraph agrees that a recurring plan or report is outdated or duplicative1 the head of the agency required to submit the recurring plan or report shall-- 7i7 include the recurring plan or report in the list described in paragraph 7#a77;,a72 and 7ii7 identify each agency or entity with which the head of the agency is required to coordinate or consult in submitting the recurring plan or report4 7,c7 ,disagreement ,if the head of any agency or entity consulted under subparagraph 7,a7 does not agree that a recurring plan or report is outdated or duplicative1 the head of the agency required to submit the recurring plan or report shall not include the recurring plan or report in the list described in paragraph 7#a77;,a74 7#c7 ,government-wide or multi-agency plan and report submissions ,with respect to a recurring plan or report required to be submitted by not less than #b agencies1 the ,director of the ,office of ,management and ,budget shall-- 7,a7 determine whether the requirement to submit the recurring plan or report is outdated or duplicative2 and 7,b7 make recommendations to ,congress accordingly4 7#d7 ,plan and report submissions conformity to the access to congressionally mandated reports act ,with respect to an agency recommendation1 citation1 or justification made under subparagraph 7,b7 or 7,c7 of paragraph 7#a7 or a recommendation by the ,director of the ,office of ,management and ,budget under paragraph 7#c71 the agency or ,director1 as applicable1 shall also provide this information to the ,director of the ,government ,publishing ,office in conformity with the agency submission requirements under section #gbdd7;a7 of the ,james ,m4 ,inhofe ,national ,defense ,authorization ,act for ,fiscal ,year #bjbc 7,public ,law #aag-bfc2 chapter #da of title #dd note7 in conformity with guidance issued by the ,director of the ,office of ,management and ,budget under section #gbdd7;b7 of such ,act4 7c7 ,rule of construction on agency requirements ,nothing in this section shall be construed to exempt the head of an agency from a requirement to submit a recurring plan or report4 2 and 7#c7 in subsection 7d71 as so redesignated1 by striking in the budget of the ,united ,states ,government1 as provided by section #aaje7;a77#cg7 and inserting in the budget justification materials of each agency4 7b7 ,budget contents ,section #aaje7;a7 of title #ca1 ,united ,states ,code1 is amended by striking paragraph 7#ci74 7c7 ,conformity to the access to ,congressionally ,mandated ,reports ,act 7#a7 ,amendment ,subsections 7a7 and 7b7 of section #gbdd of the ,james ,m4 ,inhofe ,national ,defense ,authorization ,act for ,fiscal ,year #bjbc 7,public ,law #aag-bfc2 chapter #da of title #dd1 ,united ,states ,code1 note71 are amended to read as follows3 7a7 ,submission of electronic copies of reports ,not earlier than #cj days or later than #fj days after the date on which a congressionally mandated report is submitted to either ,house of ,congress or to any committee of ,congress or subcommittee thereof1 the head of the ,federal agency submitting the congressionally mandated report shall submit to the ,director the information required under subparagraphs 7,a7 through 7,d7 of section #gbdc7;b77#a7 with respect to the congressionally mandated report4 ,notwithstanding section #gbdf1 nothing in this subtitle shall relieve a ,federal agency of any other requirement to publish the congressionally mandated report on the online portal of the ,federal agency or otherwise submit the congressionally mandated report to ,congress or specific committees of ,congress1 or subcommittees thereof4 7b7 ,guidance ,not later than #ahj days after the date of the enactment of this subsection and periodically thereafter as appropriate1 the ,director of the ,office of ,management and ,budget1 in consultation with the ,director1 shall issue guidance to agencies on the implementation of this subtitle as well as the requirements of section #aabe7;b7 of title #ca1 ,united ,states ,code4 4 7#b7 ,updated ,,omb ,guidance ,not later than #ahj days after the date of the enactment of this ,act1 the ,director of the ,office of ,management and ,budget shall issue updated guidance to agencies to ensure that the requirements under subsections 7a7 and 7b7 of section #aabe of title #ca1 ,united ,states ,code1 as amended by this ,act1 for agency submissions of recommendations and justifications for plans and reports to sunset1 modify1 consolidate1 or reduce the frequency of the submission of are also submitted as a separate attachment in conformity with the agency submission requirements of electronic copies of reports submitted by agencies under section #gbdd7;a7 of the ,james ,m4 ,inhofe ,national ,defense ,authorization ,act for ,fiscal ,year #bjbc 7,public ,law #aag-bfc2 chapter #da of title #dd1 ,united ,states ,code1 note7 for publication on the online portal established under section #gbdc of such ,act4 ,amend the title so as to read3 ,an ,act to protect the safety and privacy of children on the internet44 ,secretary