mission, in consultation with the Kids Online Safety Coun-
cil established under section 111, shall issue guidance to— 
(1) provide information and examples for cov-
ered platforms and auditors regarding, with consid-
eration given to differences across English and non- 
English languages— 
(A) identifying design features that en-
courage or increase the frequency, time spent, 
or activity of minors on the covered platform; 
(B) safeguarding minors against the pos-
sible misuse of parental tools; 
(C) best practices in providing minors and 
parents the most protective level of control over 
safety; 
(D) using indicia or inferences of age of 
users for assessing use of the covered platform 
by minors; 
(E) methods for evaluating the efficacy of 
safeguards set forth in this Act; and 
(F) providing additional parental tool op-
tions that allow parents to address the harms 
described in section 102(a); and 
(2) outline conduct that does not have the pur-
pose or substantial effect of subverting or impairing 
user autonomy, decision making, or choice, or of 
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causing, increasing, or encouraging compulsive usage 
for a minor, such as— 
(A) de minimis user interface changes de-
rived from testing consumer preferences, includ-
ing different styles, layouts, or text, where such 
changes are not done with the purpose of weak-
ening or disabling safeguards or parental tools; 
and 
(B) establishing default settings that pro-
vide enhanced protection to users or otherwise 
enhance their autonomy and decision-making 
ability. 
(b) GUIDANCE
TO SCHOOLS.—Not later than 18 
months after the date of enactment of this Act, the Sec-
retary of Education, in consultation with the Federal 
Trade Commission and the Kids Online Safety Council es-
tablished under section 111, shall issue guidance to assist 
elementary and secondary schools in using the notice, safe-
guards and tools provided under this Act and providing 
information on online safety for students and teachers. 
(c) LIMITATION ON FEDERAL TRADE COMMISSION 
GUIDANCE.— 
(1) EFFECT
OF
GUIDANCE.—No guidance 
issued by the Federal Trade Commission with re-
spect to this Act shall— 
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(A) confer any rights on any person, State, 
or locality; or 
(B) operate to bind the Federal Trade 
Commission or any court, person, State, or lo-
cality to the approach recommended in such 
guidance. 
(2) USE IN ENFORCEMENT ACTIONS.—In any 
enforcement action brought pursuant to this Act, the 
Federal Trade Commission or a State attorney gen-
eral, as applicable— 
(A) shall allege a violation of a provision of 
this Act; and 
(B) may not base such enforcement action 
on, or execute a consent order based on, prac-
tices that are alleged to be inconsistent with 
guidance issued by the Federal Trade Commis-
sion with respect to this Act, unless the prac-
tices are alleged to violate a provision of this 
Act. 
SEC. 110. ENFORCEMENT. 
(a) ENFORCEMENT BY FEDERAL TRADE COMMIS-
SION.— 
(1) UNFAIR AND DECEPTIVE ACTS OR PRAC-
TICES.—A violation of this Act shall be treated as 
a violation of a rule defining an unfair or deceptive 
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act or practice prescribed under section 18(a)(1)(B) 
of the Federal Trade Commission Act (15 U.S.C. 
57a(a)(1)(B)). 
(2) POWERS OF THE COMMISSION.— 
(A) IN
GENERAL.—The Federal Trade 
Commission (referred to in this section as the 
‘‘Commission’’) shall enforce this Act in the 
same manner, by the same means, and with the 
same jurisdiction, powers, and duties as though 
all applicable terms and provisions of the Fed-
eral Trade Commission Act (15 U.S.C. 41 et 
seq.) were incorporated into and made a part of 
this Act. 
(B) PRIVILEGES
AND
IMMUNITIES.—Any 
person that violates this Act shall be subject to 
the penalties, and entitled to the privileges and 
immunities, provided in the Federal Trade 
Commission Act (15 U.S.C. 41 et seq.). 
(3) AUTHORITY PRESERVED.—Nothing in this 
Act shall be construed to limit the authority of the 
Commission under any other provision of law. 
(b) ENFORCEMENT
BY STATE ATTORNEYS GEN-
ERAL.— 
(1) IN GENERAL.— 
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(A) 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 103, 104, or 105, the State, 
as parens patriae, 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— 
(i) enjoin any practice that violates 
section 103, 104, or 105; 
(ii) enforce compliance with section 
103, 104, or 105; 
(iii) on behalf of residents of the 
State, obtain damages, restitution, or other 
compensation, each of which shall be dis-
tributed in accordance with State law; or 
(iv) obtain such other relief as the 
court may consider to be appropriate. 
(B) NOTICE.— 
(i) IN GENERAL.—Before filing an ac-
tion under subparagraph (A), the attorney 
general of the State involved shall provide 
to the Commission— 
(I) written notice of that action; 
and 
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(II) a copy of the complaint for 
that action. 
(ii) EXEMPTION.— 
(I) IN
GENERAL.—Clause (i) 
shall not apply with respect to the fil-
ing of an action by an attorney gen-
eral 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 action. 
(II) NOTIFICATION.—In an ac-
tion described in subclause (I), the at-
torney 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 action. 
(2) INTERVENTION.— 
(A) IN
GENERAL.—On receiving notice 
under paragraph (1)(B), the Commission shall 
have the right to intervene in the action that is 
the subject of the notice. 
(B) EFFECT
OF
INTERVENTION.—If the 
Commission intervenes in an action under para-
graph (1), it shall have the right— 
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(i) to be heard with respect to any 
matter that arises in that action; and 
(ii) to file a petition for appeal. 
(3) CONSTRUCTION.—For purposes of bringing 
any civil action under paragraph (1), nothing in this 
Act shall be construed to prevent an attorney gen-
eral of a State from exercising the powers conferred 
on the attorney general by the laws of that State 
to— 
(A) conduct investigations; 
(B) administer oaths or affirmations; or 
(C) compel the attendance of witnesses or 
the production of documentary and other evi-
dence. 
(4) ACTIONS
BY
THE
COMMISSION.—In any 
case in which an action is instituted by or on behalf 
of the Commission for violation of this Act, no State 
may, during the pendency of that action, institute a 
separate action under paragraph (1) against any de-
fendant named in the complaint in the action insti-
tuted by or on behalf of the Commission for that 
violation. 
(5) VENUE; SERVICE OF PROCESS.— 
(A) VENUE.—Any action brought under 
paragraph (1) may be brought in— 
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(i) the district court of the United 
States that meets applicable requirements 
relating to venue under section 1391 of 
title 28, United States Code; or 
(ii) a State court of competent juris-
diction. 
(B) SERVICE OF PROCESS.—In an action 
brought under paragraph (1) in a district court 
of the United States, process may be served 
wherever defendant— 
(i) is an inhabitant; or 
(ii) may be found. 
(6) LIMITATION.—A violation of section 102 
shall not form the basis of liability in any action 
brought by the attorney general of a State under a 
State law. 
SEC. 111. KIDS ONLINE SAFETY COUNCIL. 
(a) ESTABLISHMENT.—Not later than 180 days after 
the date of enactment of this Act, the Secretary of Com-
merce shall establish and convene the Kids Online Safety 
Council for the purpose of providing advice on matters re-
lated to this Act. 
(b) PARTICIPATION.—The Kids Online Safety Coun-
cil shall include diverse participation from— 
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(1) academic experts, health professionals, and 
members of civil society with expertise in mental 
health, substance use disorders, and the prevention 
of harms to minors; 
(2) representatives in academia and civil society 
with specific expertise in privacy and civil liberties; 
(3) parents and youth representation; 
(4) representatives of covered platforms; 
(5) representatives of the National Tele-
communications and Information Administration, 
the National Institute of Standards and Technology, 
the Federal Trade Commission, the Department of 
Justice, and the Department of Health and Human 
Services; 
(6) State attorneys general or their designees 
acting in State or local government; 
(7) educators; and 
(8) representatives of communities of socially 
disadvantaged individuals (as defined in section 8 of 
the Small Business Act (15 U.S.C. 637)). 
(c) ACTIVITIES.—The matters to be addressed by the 
Kids Online Safety Council shall include— 
(1) identifying emerging or current risks of 
harms to minors associated with online platforms; 
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(2) recommending measures and methods for 
assessing, preventing, and mitigating harms to mi-
nors online; 
(3) recommending methods and themes for con-
ducting research regarding online harms to minors, 
including in English and non-English languages; and 
(4) recommending best practices and clear, con-
sensus-based technical standards for transparency 
reports and audits, as required under this Act, in-
cluding methods, criteria, and scope to promote 
overall accountability. 
(d) NON-APPLICABILITY OF FACA.—The Kids On-
line Safety Council shall not be subject to chapter 10 of 
title 5, United States Code (commonly referred to as the 
‘‘Federal Advisory Committee Act’’). 
SEC. 112. EFFECTIVE DATE. 
Except as otherwise provided in this title, this title 
shall take effect on the date that is 18 months after the 
date of enactment of this Act. 
SEC. 113. RULES OF CONSTRUCTION AND OTHER MATTERS. 
(a) RELATIONSHIP TO OTHER LAWS.—Nothing in 
this title shall be construed to— 
(1) preempt section 444 of the General Edu-
cation Provisions Act (20 U.S.C. 1232g, commonly 
known as the ‘‘Family Educational Rights and Pri-
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vacy Act of 1974’’) or other Federal or State laws 
governing student privacy; 
(2) preempt the Children’s Online Privacy Pro-
tection Act of 1998 (15 U.S.C. 6501 et seq.) or any 
rule or regulation promulgated under such Act; or 
(3) authorize any action that would conflict 
with section 18(h) of the Federal Trade Commission 
Act (15 U.S.C. 57a(h)). 
(b) PROTECTIONS FOR PRIVACY.—Nothing in this 
title shall be construed to require— 
(1) 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 business; or 
(2) a covered platform to implement an age 
gating or age verification functionality. 
(c) COMPLIANCE.—Nothing in this title shall be con-
strued to restrict a covered platform’s ability to— 
(1) cooperate with law enforcement agencies re-
garding activity that the covered platform reasonably 
and in good faith believes may violate Federal, 
State, or local laws, rules, or regulations; 
(2) comply with a lawful civil, criminal, or regu-
latory inquiry, subpoena, or summons by Federal, 
State, local, or other government authorities; 
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