Verifying Kids’ Online Privacy Act

Section 1302(1) of the Children's Online Privacy Protection Act of 1998 (15 U.S.C. 6501(1)) is amended by striking age of 13 and inserting age of 16.

Section 1303(b) of the Children's Online Privacy Protection Act of 1998 (15 U.S.C. 6502(b)) is amended by adding at the end the following:

The regulations shall—

(A) require each operator to verify the age of each individual accessing the website or online service of such operator to determine whether such individual is a child; and

(B) with respect to information collected from an individual to verify the age of such individual, prohibit each operator—

(i) from selling or transferring such information or otherwise making use of such information for a purpose other than age verification; and

(ii) from further using or maintaining in retrievable form such information with respect to such individual on and after the date that is 30 days after the date on which an account or similar registration, of such individual and associated with such information, is closed or otherwise terminated.

Not later than 180 days after the date of the enactment of this Act, the Federal Trade Commission shall promulgate regulations to implement the amendments made by subsections (a) and (b), including regulations that, as necessary—

(1) revise the regulations promulgated under section 1303(b) of the Children's Online Privacy Protection Act of 1998 (15 U.S.C. 6502(b));

(2) require the revision of, or adoption of new, guidelines approved pursuant to section 1304 of the Children's Online Privacy Protection Act of 1998 (15 U.S.C. 6503) and establish a process under which an operator may satisfy requirements relating to age verification by following a set of self-regulatory guidelines approved under such section; and

(3) take other actions the Commission determines necessary to implement the amendments.

The amendments made by subsections (a) and (b)—

(1) shall apply to activities occurring on and after the date on which the regulations promulgated under subsection (c) take effect; and

(2) do not apply with respect to an individual accessing a website or online service of an operator if such individual established an account or similar registration with respect to such website or online service before the date on which the regulations promulgated under subsection (c) take effect.

There is established in the Treasury of the United States a fund to be known as the Children’s Online Safety Fund (in this subsection referred to as the Fund).

On and after the date of the enactment of this Act, civil penalty amounts obtained by a Federal entity under the Children's Online Privacy Protection Act of 1998 (15 U.S.C. 6501 et seq.) shall be deposited into the Fund.

Amounts in the Fund shall be available, without further appropriation, to the Secretary of Education to carry out a program under which the Secretary awards grants to local educational agencies to support digital literacy programming for children with respect to online safety.

Not later than 180 days after the date of the enactment of this Act, the Secretary of Education shall promulgate regulations necessary to carry out the grant program described in subparagraph (A), which shall include—

(i) standards for the digital literacy programming to be supported with grant funds; and

(ii) in consultation with the Secretary of Health and Human Services, requirements that such programming prioritize education on mental health and appropriate social media use.