I 

118TH CONGRESS 

2D SESSION H. R. 7534 

To amend the Children’s Online Privacy Protection Act of 1998 to improve 

protections for children, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 5, 2024 

Mr. AUCHINCLOSS introduced the following bill; which was referred to the 

Committee on Energy and Commerce, and in addition to the Committee 

on Education and the Workforce, 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 amend the Children’s Online Privacy Protection Act of 

1998 to improve protections for children, and for other 

purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Verifying Kids’ Online 

5 Privacy Act’’. 

6 SEC. 2. CHILDREN’S ONLINE PRIVACY PROTECTION. 

7 (a) CHILD DEFINED.—Section 1302(1) of the Chil8 dren’s Online Privacy Protection Act of 1998 (15 U.S.C. 


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1 6501(1)) is amended by striking ‘‘age of 13’’ and inserting 

2 ‘‘age of 16’’. 

3 (b) VERIFICATION OF AGE REQUIRED.—Section 

4 1303(b) of the Children’s Online Privacy Protection Act 

5 of 1998 (15 U.S.C. 6502(b)) is amended by adding at the 

6 end the following: 

7 ‘‘(4) VERIFICATION OF AGE REQUIRED.—The 

8 regulations shall— 

9 ‘‘(A) require each operator to verify the 

10 age of each individual accessing the website or 

11 online service of such operator to determine 

12 whether such individual is a child; and 

13 ‘‘(B) with respect to information collected 

14 from an individual to verify the age of such in15 dividual, prohibit each operator— 

16 ‘‘(i) from selling or transferring such 

17 information or otherwise making use of 

18 such information for a purpose other than 

19 age verification; and 

20 ‘‘(ii) from further using or maintain21 ing in retrievable form such information 

22 with respect to such individual on and 

23 after the date that is 30 days after the 

24 date on which an account or similar reg25 istration, of such individual and associated 


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1 with such information, is closed or other2 wise terminated.’’. 

3 (c) REGULATIONS.—Not later than 180 days after 

4 the date of the enactment of this Act, the Federal Trade 

5 Commission shall promulgate regulations to implement 

6 the amendments made by subsections (a) and (b), includ7 ing regulations that, as necessary— 

8 (1) revise the regulations promulgated under 

9 section 1303(b) of the Children’s Online Privacy 

10 Protection Act of 1998 (15 U.S.C. 6502(b)); 

11 (2) require the revision of, or adoption of new, 

12 guidelines approved pursuant to section 1304 of the 

13 Children’s Online Privacy Protection Act of 1998 

14 (15 U.S.C. 6503) and establish a process under 

15 which an operator may satisfy requirements relating 

16 to age verification by following a set of self-regu17 latory guidelines approved under such section; and 

18 (3) take other actions the Commission deter19 mines necessary to implement the amendments. 

20 (d) APPLICABILITY.—The amendments made by sub21 sections (a) and (b)— 

22 (1) shall apply to activities occurring on and 

23 after the date on which the regulations promulgated 

24 under subsection (c) take effect; and 


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1 (2) do not apply with respect to an individual 

2 accessing a website or online service of an operator 

3 if such individual established an account or similar 

4 registration with respect to such website or online 

5 service before the date on which the regulations pro6 mulgated under subsection (c) take effect. 

7 (e) CHILDREN’S ONLINE SAFETY FUND.— 

8 (1) ESTABLISHMENT.—There is established in 

9 the Treasury of the United States a fund to be 

10 known as the ‘‘Children’s Online Safety Fund’’ (in 

11 this subsection referred to as the ‘‘Fund’’). 

12 (2) DEPOSITS.—On and after the date of the 

13 enactment of this Act, civil penalty amounts ob14 tained by a Federal entity under the Children’s On15 line Privacy Protection Act of 1998 (15 U.S.C. 6501 

16 et seq.) shall be deposited into the Fund. 

17 (3) USE OF FUND.— 

18 (A) AVAILABILITY TO SECRETARY OF EDU19 CATION FOR GRANTS.—Amounts in the Fund 

20 shall be available, without further appropria21 tion, to the Secretary of Education to carry out 

22 a program under which the Secretary awards 

23 grants to local educational agencies to support 

24 digital literacy programming for children with 

25 respect to online safety. 


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1 (B) REGULATIONS.—Not later than 180 

2 days after the date of the enactment of this 

3 Act, the Secretary of Education shall promul4 gate regulations necessary to carry out the 

5 grant program described in subparagraph (A), 

6 which shall include— 

7 (i) standards for the digital literacy 

8 programming to be supported with grant 

9 funds; and 

10 (ii) in consultation with the Secretary 

11 of Health and Human Services, require12 ments that such programming prioritize 

13 education on mental health and appro14 priate social media use. 

Æ 


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