[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 7757 Introduced in House (IH)]
<DOC>
119th CONGRESS
2d Session
H. R. 7757
To protect children and teens online, empower parents and strengthen
families, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 3, 2026
Mr. Guthrie introduced the following bill; which was referred to the
Committee on Energy and Commerce, and in addition to the Committee on
the Judiciary, for a period to be subsequently determined by the
Speaker, in each case for consideration of such provisions as fall
within the jurisdiction of the committee concerned
_______________________________________________________________________
A BILL
To protect children and teens online, empower parents and strengthen
families, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Kids Internet and
Digital Safety Act'' or the ``KIDS Act''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
TITLE I--SHIELDING MINORS FROM OBSCENITY
Sec. 101. Short title.
Sec. 102. Definitions.
Sec. 103. Technology verification measures.
Sec. 104. Consultation requirements.
Sec. 105. GAO report.
Sec. 106. Relationship to State laws.
TITLE II--ADDRESSING HARMS TO MINORS ON ONLINE PLATFORMS
Sec. 201. Covered platform defined.
Subtitle A--Kids Online Safety
Sec. 211. Short title.
Sec. 212. Definitions.
Sec. 213. Addressing harms to minors.
Sec. 214. Safeguards for minors and parental tools.
Sec. 215. Reporting mechanism.
Sec. 216. Disclosure.
Sec. 217. Advertising and marketing information and labels.
Sec. 218. Advertising of illegal products.
Sec. 219. Audit; report.
Sec. 220. Rules of construction.
Sec. 221. Relationship to State laws.
Subtitle B--Safe Messaging for Kids
Sec. 231. Short title.
Sec. 232. Definitions.
Sec. 233. Prohibition on ephemeral messaging features for minors.
Sec. 234. Prohibition on direct messaging features for children.
Sec. 235. Parental controls for direct messaging features for teens.
Sec. 236. Rule of construction on encryption.
Sec. 237. Relationship to State law.
Sec. 238. Effective date.
Subtitle C--Stop Profiling Youth and Kids
Sec. 241. Short title.
Sec. 242. User defined.
Sec. 243. Market research.
Sec. 244. Relationship to State laws.
Sec. 245. Effective date.
TITLE III--SOCIAL GAMING PLATFORMS
Sec. 301. Short title.
Sec. 302. Definitions.
Sec. 303. Safeguards requirements for online video game providers.
Sec. 304. Relationship to State laws.
TITLE IV--ARTIFICIAL INTELLIGENCE CHATBOTS
Sec. 401. Short title.
Sec. 402. Definitions.
Sec. 403. Certain statements prohibited.
Sec. 404. Disclosure required.
Sec. 405. Policies required.
Sec. 406. Rule of construction.
Sec. 407. Relationship to State laws.
TITLE V--RESEARCH, EDUCATION, AND BEST PRACTICES FOR PROTECTING MINORS
ONLINE
Subtitle A--Research
Sec. 501. Definitions.
Part 1--Safe Social Media Act
Sec. 511. Short title.
Sec. 512. Report by Commission on social media use by minors.
Part 2--No Fentanyl on Social Media Act
Sec. 513. Short title.
Sec. 514. Report on the ability of minors to access fentanyl through
social media platforms.
Part 3--Assessing Safety Tools for Parents and Minors Act
Sec. 515. Short title.
Sec. 516. Industry review and report.
Part 4--Study on Chatbots and Mental Health of Minors
Sec. 517. Study required.
Sec. 518. Consultation.
Sec. 519. Report.
Subtitle B--Education
Part 1--Promoting a Safe Internet for Minors Act
Sec. 521. Short title.
Sec. 522. Online safety for minors.
Part 2--AI Warnings And Resources for Education (AWARE) Act
Sec. 523. Short title.
Sec. 524. Chatbots and minors.
Subtitle C--Partnerships and Best Practices
Sec. 525. Short title.
Sec. 526. Kids Internet Safety Partnership.
TITLE VI--GENERAL PROVISIONS
Sec. 601. Enforcement.
Sec. 602. Judicial review.
Sec. 603. Rules of construction.
Sec. 604. Severability.
Sec. 605. Effective date.
SEC. 2. DEFINITIONS.
In this Act:
(1) Agency.--The term ``agency'' has the meaning given that
term in section 551 of title 5, United States Code.
(2) Artificial intelligence.--The term ``artificial
intelligence'' has the meaning given that term in section 5002
of the National Artificial Intelligence Initiative Act of 2020
(15 U.S.C. 9401).
(3) Chatbot.--The term ``chatbot'' means an artificial
intelligence system, marketed to and available for use by
consumers, that engages in interactive, natural-language
communication with a user and generates or selects content in
response to user inputs (including text, voice, or other
inputs) using a conversational context.
(4) Commission.--The term ``Commission'' means the Federal
Trade Commission.
(5) Design feature.--The term ``design feature''--
(A) means any feature or component of a covered
platform that encourages an increase in or increases
the frequency of use or time spent by a user who is a
minor with respect to such covered platform; and
(B) includes--
(i) infinite scrolling or auto play;
(ii) rewards or incentives based on
frequency of use or time spent;
(iii) notifications and push alerts;
(iv) badges or other visual award symbols
based on frequency of use or time spent;
(v) appearance altering filters; and
(vi) personalized recommendation systems.
(6) Fully automated system.--The term ``fully automated
system'' means an operation or set of operations performed on
data with minimal or no direction, instruction, prompting,
oversight, involvement, or intervention by an individual.
(7) Know; knows.--The term ``know'' or ``knows'' means to
have actual knowledge or to have acted in willful disregard.
(8) Minor.--The term ``minor'' means an individual under
the age of 17 years.
(9) Narcotic drug.--The term ``narcotic drug'' has the
meaning given that term in section 102 of the Controlled
Substances Act (21 U.S.C. 802).
(10) Parent.--The term ``parent'', with respect to a minor,
means an adult with the legal right to make decisions on behalf
of the minor, including--
(A) a natural parent;
(B) an adoptive parent;
(C) a legal guardian; and
(D) an individual with legal custody over the
minor.
(11) Personal information.--The term ``personal
information'' has the meaning given that term in section 1302
of the Children's Online Privacy Protection Act of 1998 (15
U.S.C. 6501).
(12) Personalized recommendation system.--The term
``personalized recommendation system''--
(A) means a fully automated system used to suggest,
promote, or rank content, including other users,
hashtags, and posts, based on the personal information
of a user; and
(B) does not include a fully automated system that
suggests, promotes, or ranks content based solely on
the language, city or town, or age of a user.
(13) Sexual material harmful to minors.--The term ``sexual
material harmful to minors'' means a picture, image, graphic
image file, film, videotape, or other visual depiction that--
(A)(i) taken as a whole and with respect to minors,
appeals to the prurient interest in nudity, sex, or
excretion;
(ii) depicts, describes, or represents, in
a patently offensive way with respect to what
is suitable for minors, an actual or simulated
sexual act or sexual contact, actual or
simulated normal or perverted sexual acts, or
lewd exhibition of the genitals; and
(iii) taken as a whole, lacks serious
literary, artistic, political, or scientific
value as to minors; or
(B) is child pornography.
(14) State.--The term ``State'' means each State of the
United States, the District of Columbia, each commonwealth,
territory, or possession of the United States, and each
federally recognized Indian Tribe.
(15) Verifiable parental consent.--The term ``verifiable
parental consent'' has the meaning given that term in section
1302 of the Children's Online Privacy Protection Act of 1998
(15 U.S.C. 6501).
TITLE I--SHIELDING MINORS FROM OBSCENITY
SEC. 101. SHORT TITLE.
This title may be cited as the ``Shielding Children's Retinas from
Egregious Exposure on the Net Act'' or the ``SCREEN Act''.
SEC. 102. DEFINITIONS.
In this title:
(1) Child pornography; minor.--The terms ``child
pornography'' and ``minor'' have the meanings given those terms
in section 2256 of title 18, United States Code.
(2) Covered platform.--The term ``covered platform'' means
a website or other online platform--
(A) that is accessible by the public;
(B) with respect to which more than one-third of
the material made available thereon is sexual material
harmful to minors; and
(C) with respect to which the provider of such
platform knowingly makes available the sexual material
harmful to minors described in subparagraph (B).
(3) Sexual act; sexual contact.--The terms ``sexual act''
and ``sexual contact'' have the meanings given those terms in
section 2246 of title 18, United States Code.
(4) Technology verification measure.--The term ``technology
verification measure'' means technology that employs a system
or process to determine whether it is more likely than not that
a user of a covered platform is a minor.
(5) Technology verification measure data.--The term
``technology verification measure data'' means data that--
(A) is collected or processed for the purpose of
fulfilling a request by an individual to access a
covered platform or material on a covered platform; and
(B) is collected or processed for the purpose of
utilizing or providing a technology verification
measure pursuant to this title.
SEC. 103. TECHNOLOGY VERIFICATION MEASURES.
(a) Covered Platform Requirements.--Beginning on the date that is 1
year after the date of the enactment of this Act, a provider of a
covered platform shall--
(1) adopt and utilize commercially available technology
verification measures, reasonably designed to ensure accuracy,
with respect to the covered platform of such provider to
identify minors; and
(2) prevent minors from accessing any sexual material
harmful to minors on the covered platform.
(b) Additional Requirements for Compliance.--In order to comply
with subsection (a), a provider of a covered platform (or a third party
contracted by a provider of a covered platform with respect to such
covered platform) shall, with respect to a covered platform of the
provider, carry out the following:
(1) Use a technology verification measure in order to
verify the age of a user.
(2) Provide that a user confirming that the user is not a
minor is not sufficient to verify age.
(3) Provide clear and conspicuous notice containing
information on the technology verification measures and other
policies and procedures related to the technology verification
measure data used to comply with this title.
(4) Take reasonable measures to address circumvention of
technology verification measures.
(5) Not transfer, disclose, or retain any technology
verification measure data beyond what is strictly necessary to
use a technology verification measure pursuant to this title.
(c) Use of Third Parties.--
(1) In general.--A provider of a covered platform may
contract with a third party to use technology verification
measures for purposes of complying with subsection (a).
(2) Obligations; liability.--A provider of a covered
platform who contracts with a third party as described in
paragraph (1) is not relieved from any obligation or liability
under this title.
(d) Technology Verification Measure Data Security.--A provider of a
covered platform (or a third party contracted by a provider of a
covered platform with respect to such covered platform) shall
establish, implement, and maintain reasonable administrative,
technical, and physical data security practices to protect the
confidentiality, integrity, and availability of technology verification
measure data collected with respect to the covered platform of such
provider (including by a third party contracted by such covered
provider with respect to such covered platform).
(e) Rule of Construction.--Nothing in this section may be construed
to require the submission of government-issued identification of any
individual to a covered platform or a third party contracted by a
provider of a covered platform to use a technology verification
measure.
SEC. 104. CONSULTATION REQUIREMENTS.
In carrying out this title, the Commission shall consult with the
following individuals, including with respect to the applicable
standards and metrics for making a determination on whether a user of a
covered platform is or is not a minor:
(1) Individuals with experience in computer science and
software engineering.
(2) Individuals with experience in--
(A) advocating for online child safety; or
(B) providing services to minors who have been
victimized by online child exploitation.
(3) Individuals with experience in consumer protection and
online privacy.
(4) Individuals who supply technology verification measure
products or have expertise in technology verification measures.
(5) Individuals with experience in data security and
cryptography.
SEC. 105. GAO REPORT.
Not later than 3 years after the date of the enactment of this Act,
the Comptroller General of the United States shall submit to Congress a
report that includes the following:
(1) An analysis of the effectiveness of the technology
verification measures required under section 103.
(2) An analysis of the rate of compliance with such section
by providers of covered platforms and third parties contracted
by such providers with respect to such covered platforms.
(3) An analysis of the data privacy and security measures
used by covered platforms with respect to age verification
processes.
(4) An analysis of the expression, speech, behavioral,
economic, psychological, and societal effects of requiring
technology verification measures under section 103.
(5) Recommendations, if any, to the Commission on improving
the enforcement of this title.
SEC. 106. RELATIONSHIP TO STATE LAWS.
(a) In General.--No State, or political subdivision of a State, may
prescribe, maintain, enforce, or continue in effect any law, rule,
regulation, requirement, standard, or other provision having the force
and effect of law to the extent that such law, rule, regulation,
requirement, standard, or other provision requires a provider of a
covered platform to use technology verification measures to prevent
minors from accessing any sexual material harmful to minors on a
covered platform of such provider.
(b) Rule of Construction.--Nothing in subsection (a) may be
construed to preempt the applicability of any of the following:
(1) Any law of a State with respect to trespass, contract,
tort, or product liability.
(2) Any statutory law that creates a remedy or penalty for
criminal conduct.
(3) Any law of general applicability of a State with
respect to consumer protection.
TITLE II--ADDRESSING HARMS TO MINORS ON ONLINE PLATFORMS
SEC. 201. COVERED PLATFORM DEFINED.
In this title, the term ``covered platform'' means a platform that
is a website, software, application, or electronic service connected to
the internet that meets the following requirements:
(1) Is publicly available for use by consumers.
(2) Enables the creation of a username or user identifier--
(A) that is searchable on the platform by other
users through a function made available by the
platform; and
(B) that can be followed by or is similarly
accessible to other users of the platform.
(3) As the primary purpose of the platform, facilitates the
sharing and access to user-generated content through text,
images, video, audio, or any other interactive medium.
(4) Uses a design feature to promote user engagement on the
platform.
(5) Uses the personal information of the user to advertise,
market, or make content recommendations.
Subtitle A--Kids Online Safety
SEC. 211. SHORT TITLE.
This subtitle may be cited as the ``Kids Online Safety Act''.
SEC. 212. DEFINITIONS.
In this subtitle:
(1) Child.--The term ``child'' means an individual who is
under the age of 13.
(2) Compulsive usage.--The term ``compulsive usage'' means
a persistent and repetitive use of a covered platform that
substantially limits one or more major life activities of an
individual (as described in section 3 of the Americans with
Disabilities Act of 1990 (42 U.S.C. 12102)).
(3) Geolocation information.--The term ``geolocation
information'' means information sufficient to identify a street
name and name of a city or town.
(4) Processor.--The term ``processor'' means a person who--
(A) processes personal information on behalf of a