Kids Online Safety Act

Bill Number

H.R. 6484

Origin Chamber

House

Congress

119th Congress, Session 1

Policy Area

Commerce

Status

Introduced

Latest Action

2025-12-11: Forwarded by Subcommittee to Full Committee in the Nature of a Substitute (Amended) by the Yeas and Nays: 13 - 10.

Last Updated

2025-12-13T09:07:00Z

AI-Generated Summary

Purpose of the Legislation

The Kids Online Safety Act aims to enhance the safety of minors (individuals under 17) on online platforms by requiring social media-like services to prevent harms, implement protective tools, and promote transparency. It focuses on reducing risks like violence, exploitation, and addictive features while respecting free speech and privacy.

Key Provisions

• Definitions: Establishes terms such as "covered platform" (public internet sites or apps that allow searchable user profiles, sharing of user-generated content like text or videos, promote engagement through features like infinite scrolling or notifications, and use personal data for ads); "minor" (under 17); "child" (under 13); "compulsive usage" (persistent use that impairs daily life, similar to a disability under federal law); and harms like "sexual exploitation and abuse" (e.g., child pornography or trafficking offenses).

• Preventing Harm to Minors (Sec. 3): Covered platforms must create and enforce policies to address threats including physical violence (acts like assault), sexual exploitation, promotion of illegal substances (narcotic drugs, tobacco, cannabis, alcohol), gambling, and financial scams targeting minors. Policies must consider platform size and technology feasibility, but cannot block minors from searching for or accessing harm-prevention resources.

• Safeguards for Minors (Sec. 4):
• Platforms must offer easy tools for known minors to limit communications from others and curb addictive design features (e.g., auto-play videos or rewards for engagement) by default.
• Provide options to cap time spent on the platform.
• Default settings must be the most privacy- and safety-protective available.
• Parental tools allow guardians to manage settings, restrict purchases/time, and view usage stats; these are enabled by default for known children (under 13), with consent required.
• A reporting system for harms to minors, with responses within 10 days (or faster for urgent threats).
• Ban ads for illegal products (drugs, tobacco, etc.) to known minors.
• Tools must be age-appropriate, multilingual, and accessible.

• Disclosure Requirements (Sec. 5): Before minors register or buy on platforms, provide clear notices about safeguards and tools. For children, obtain verifiable parental consent (as defined under existing children's privacy law). Include labels on ads disclosing paid endorsements.

• Audits and Reporting (Sec. 6): Platforms undergo annual independent audits assessing minor access, usage time, harm-prevention policies, tool usage, report handling, data collection from minors, and design processes. Audits consult experts and parents; results go to the Federal Trade Commission (FTC) within 30 days.

• Enforcement (Sec. 7): Violations treated as unfair or deceptive practices under FTC rules, allowing FTC investigations, penalties, and remedies. States can sue on behalf of residents (with notice to FTC), but federal actions take precedence during pendency.

• Kids Online Safety Council (Sec. 8): A temporary advisory group under the Commerce Secretary, including experts, parents, educators, platforms, and civil liberties advocates. It provides Congress with reports on online risks/benefits for minors, mitigation strategies, and best practices for audits; terminates after 3 years.

• Other Elements:
• Rules of Construction (Sec. 9): Does not override children's privacy laws (COPPA), limit platform cooperation with law enforcement, or require new age data collection. Platforms can use third parties for tools.
• Preemption (Sec. 10): Overrides conflicting state or local laws.
• Effective Date (Sec. 11): 18 months after enactment.
• Severability (Sec. 12): Invalid parts do not affect the rest.

Significant Changes to Existing Law

• Builds on the Children's Online Privacy Protection Act (COPPA, 1998) by integrating parental consent but adds broader safeguards for teens (13-16), not just children under 13.
• Treats violations as enforceable under the FTC Act (1914), expanding FTC authority without altering Section 230 of the Communications Act (1996), which shields platforms from liability for user content.
• Introduces mandatory annual audits and a federal advisory council, new mechanisms absent in prior laws.
• Preempts state laws, centralizing regulation federally, unlike patchwork state approaches (e.g., some states' social media age limits).

Potential Impacts

• Government Agencies: Increases FTC workload for enforcement, audits review, and coordination with states; Commerce Secretary oversees the advisory council, potentially informing future policies.
• Citizens: Minors gain default protections against harms and addiction, with easier parental oversight; parents get tools to monitor usage without invading privacy. Could reduce exposure to dangerous content but might limit access to beneficial information.
• International Relations: Minimal direct impact, as it applies to U.S.-based platforms and users; however, global platforms may adapt U.S. operations to comply, indirectly affecting international users.
• Broader effects include higher compliance costs for platforms (e.g., audits, tool development), potentially raising service fees or altering features; improved minor safety could decrease societal costs from online harms like mental health issues.

Main Stakeholders Affected

• Covered Platforms: Social media companies (e.g., those like Instagram or TikTok) must redesign features, implement tools, and conduct audits, facing penalties for non-compliance.
• Minors and Parents: Primary beneficiaries through enhanced safety and controls; children under 13 face stricter defaults.
• Federal Trade Commission (FTC): Gains enforcement role, including reviewing audits and intervening in state suits.
• State Attorneys General: Can pursue actions but with federal oversight.
• Advisory Council Members: Experts, parents, educators, and advocates contribute to recommendations.
• Nonprofits and Researchers: Involved in audits and council, influencing standards.

Notable Legal, Constitutional, or Political Implications

• Constitutional: Explicitly protects First Amendment rights by prohibiting enforcement based on viewpoint discrimination; allows minors to access harm-prevention info, balancing safety with free expression.
• Legal: Reinforces privacy by not requiring new personal data collection and preserving COPPA; enables platform defenses for security or legal compliance. Preemption may limit state innovation, sparking federalism debates.
• Political: Could face pushback from tech industry over costs and innovation stifling, versus support from child safety advocates. The advisory council fosters bipartisan input, but its temporary nature limits long-term influence; enforcement via existing FTC powers avoids creating new bureaucracy.

This summary was generated by AI and may contain inaccuracies. Refer to the official source document for the authoritative text.

Sponsor

Rep. Bilirakis, Gus M. [R-FL-12]

Recent Actions

• 2025-12-11: Forwarded by Subcommittee to Full Committee in the Nature of a Substitute (Amended) by the Yeas and Nays: 13 - 10.
• 2025-12-11: Subcommittee Consideration and Mark-up Session Held
• 2025-12-05: Referred to the Subcommittee on Commerce, Manufacturing, and Trade.
• 2025-12-05: Referred to the House Committee on Energy and Commerce.
• 2025-12-05: Introduced in House
• 2025-12-05: Introduced in House

Bill Versions

• Kids Online Safety Act — issued 2025-12-05 — PDF (27 pages)