S. 278

106 S278 IS: Kids Off Social Media Act
 U.S. Senate
 2025-01-28
 text/xml
 EN
 Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.
 II  119th CONGRESS  1st Session  S. 278  IN THE SENATE OF THE UNITED STATES   January 28, 2025   Mr. Schatz  (for himself,  Mr. Cruz ,  Mr. Murphy ,  Mrs. Britt ,  Mr. Welch ,  Mr. Budd ,  Mr. King ,  Mr. Curtis ,  Mr. Warner , and  Mr. Fetterman ) introduced the following bill; which was read twice and referred to the  Committee on Commerce, Science, and Transportation    A BILL
To prohibit users who are under age 13 from accessing social media platforms, to prohibit the use of personalized recommendation systems on individuals under age 17, and limit the use of social media in schools.
1.
Short title; table of contents
(a)
Short title
This Act may be cited as the   Kids Off Social Media Act  .
(b)
Table of contents
The table of contents for this Act is as follows:
Sec. 1. Short title; table of contents.
TITLE I—Kids Off Social Media Act
Sec. 101. Short title.
Sec. 102. Definitions.
Sec. 103. No children under 13.
Sec. 104. Prohibition on the use of personalized recommendation systems on children or teens.
Sec. 105. Determination of whether an operator has knowledge fairly implied on the basis of objective circumstances that an individual is a child or teen.
Sec. 106. Enforcement.
Sec. 107. Relationship to other laws.
Sec. 108. Effective date.
TITLE II—Eyes on the Board Act of 2025
Sec. 201. Short title.
Sec. 202. Updating the Children’s Internet Protection Act to include social media platforms.
Sec. 203. Internet safety policies.
TITLE III—Severability
Sec. 301. Severability.
I
Kids Off Social Media Act
101.
Short title
This title may be referred to as the   Kids Off Social Media Act  .
102.
Definitions
In this title:
(1)
Personalized recommendation system
The term  personalized recommendation system  means a fully or partially automated system used to suggest, promote, or rank content, including other users or posts, based on the personal data of users.
(2)
Child
The term  child  means an individual under the age of 13.
(3)
Commission
The term  Commission  means the Federal Trade Commission.
(4)
Know or knows
The term  know  or  knows  means to have actual knowledge or knowledge fairly implied on the basis of objective circumstances.
(5)
Personal data
The term  personal data  has the same meaning as the term  personal information  as defined in section 1302 of the Children’s Online Privacy Protection Act ( 15 U.S.C. 6501 ) .
(6)
Social medial platform
(A)
In general
The term  social media platform  means a public-facing website, online service, online application, or mobile application that—
(i)
is directed to consumers;
(ii)
collects personal data;
(iii)
primarily derives revenue from advertising or the sale of personal data; and
(iv)
as its primary function provides a community forum for user-generated content, including messages, videos, and audio files among users where such content is primarily intended for viewing, resharing, or platform-enabled distributed social endorsement or comment.
(B)
Limitation
The term  social medial platform  does not include a platform that, as its primary function for consumers, provides or facilitates any of the following:
(i)
The purchase and sale of commercial goods.
(ii)
Teleconferencing or videoconferencing services that allow reception and transmission of audio or video signals for real-time communication, provided that the real-time communication is initiated by using a unique link or identifier to facilitate access.
(iii)
Crowd-sourced reference guides such as encyclopedias and dictionaries.
(iv)
Cloud storage, file sharing, or file collaboration services, including such services that allow collaborative editing by invited users.
(v)
The playing or creation of video games.
(vi)
Content that consists primarily of news, sports, sports coverage, entertainment, or other information or content that is not user-generated but is preselected by the platform and for which any chat, comment, or interactive functionality is incidental, directly related to, or dependent on the provision of the content provided by the platform.
(vii)
Business, product, or travel information including user reviews or rankings of such businesses, products, or other travel information.
(viii)
Educational information, experiences, training, or instruction provided to build knowledge, skills, or a craft, district-sanctioned or school-sanctioned learning management systems and school information systems for the purposes of schools conveying content related to the education of students, or services or services on behalf of or in support of an elementary school or secondary school, as such terms are defined in section 8101 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801 ).
(ix)
An email service.
(x)
A wireless messaging service, including such a service provided through short message service or multimedia messaging protocols, that is not a component of, or linked to, a social media platform and where the predominant or exclusive function of the messaging service is direct messaging consisting of the transmission of text, photos, or videos that are sent by electronic means, where messages are transmitted from the sender to the recipient and are not posted publicly or within a social media platform.
(xi)
A broadband internet access service (as such term is defined for purposes of section 8.1(b) of title 47, Code of Federal Regulations, or any successor regulation).
(xii)
A virtual private network or similar service that exists solely to route internet traffic between locations.
(7)
Teen
The term  teen  means an individual over the age of 12 and under the age of 17.
(8)
User
The term  user  means, with respect to a social media platform, an individual who registers an account or creates a profile on the social media platform.
103.
No children under 13
(a)
No accounts for children under 13
A social media platform shall not permit an individual to create or maintain an account or profile if it knows that the individual is a child.
(b)
Termination of existing accounts belonging to children
A social media platform shall terminate any existing account or profile of a user who the social media platform knows is a child.
(c)
Deletion of children's personal data
(1)
In general
Subject to paragraph (2), upon termination of an existing account or profile of a user pursuant to subsection (b), a social media platform shall immediately delete all personal data collected from the user or submitted by the user to the social media platform.
(2)
Children's access to personal data
To the extent technically feasible and not in violation of any licensing agreement, a social media platform shall allow the user of an existing account or profile that the social media platform has terminated under subsection (b), from the date such termination occurs to the date that is 90 days after such date, to request, and shall provide to such user upon such request, a copy of the personal data collected from the user or submitted by the user to the social media platform both—
(A)
in a manner that is readable and which a reasonable person can understand; and
(B)
in a portable, structured, and machine-readable format.
(d)
Rule of Construction
Nothing in subsection (c) shall be construed to prohibit a social media platform from retaining a record of the termination of an account or profile and the minimum information necessary for the purposes of ensuring compliance with this section.
104.
Prohibition on the use of personalized recommendation systems on children or teens
(a)
In general
(1)
Prohibition on use of personalized recommendation systems on children or teens
Except as provided in paragraph (2), a social media platform shall not use the personal data of a user or visitor in a personalized recommendation system to display content if the platform knows that the user or visitor is a child or teen.
(2)
Exception
A social media platform may use a personalized recommendation system to display content to a child or teen if the system only uses the following personal data of the child or teen:
(A)
The type of device used by the child or teen.
(B)
The languages used by the child or teen to communicate.
(C)
The city or town in which the child or teen is located.
(D)
The fact that the individual is a child or teen.
(E)
The age of the child or teen.
(b)
Rule of construction
The prohibition in subsection (a) shall not be construed to—
(1)
prevent a social media platform from providing search results to a child or teen deliberately or independently searching for (such as by typing a phrase into a search bar or providing spoken input), or specifically requesting, content, so long as such results are not based on the personal data of the child or teen (except to the extent permitted under subsection (a)(2));
(2)
prevent a social media platform from taking reasonable measures to—
(A)
block, detect, or prevent the distribution of unlawful or obscene material;
(B)
block or filter spam, or protect the security of a platform or service; or
(C)
prevent criminal activity; or
(3)
prohibit a social media platform from displaying user-generated content that has been selected, followed, or subscribed to by a teen account holder as long as the display of the content is based on a chronological format.
105.
Determination of whether an operator has knowledge fairly implied on the basis of objective circumstances that an individual is a child or teen
(a)
Rules of construction
For purposes of enforcing this title, in making a determination as to whether a social media platform has knowledge fairly implied on the basis of objective circumstances that a user is a child or teen, the Commission or the attorney general of a State, as applicable, shall rely on competent and reliable evidence, taking into account the totality of circumstances, including whether a reasonable and prudent person under the circumstances would have known that the user is a child or teen.
(b)
Protections for privacy
Nothing in this title, including a determination described in subsection (a), shall be construed to require a social media platform to—
(1)
implement an age gating or age verification functionality; or
(2)
affirmatively collect any personal data with respect to the age of users that the social media platform is not already collecting in the normal course of business.
(c)
Restriction on use and retention of personal data
If a social media platform or a third party acting on behalf of a social media platform voluntarily collects personal data for the purpose of complying with this title, the social media platform or a third party shall not—
(1)
use any personal data collected specifically for a purpose other than for sole compliance with the obligations under this title; or
(2)
retain any personal data collected from a user for longer than is necessary to comply with the obligations under this title or than is minimally necessary to demonstrate compliance with this title.
106.
Enforcement
(a)
Enforcement by commission
(1)
Unfair or deceptive acts or practices
A violation of this title shall be treated as a violation of a rule defining an unfair or deceptive 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 commission
(A)
In general
The Commission shall enforce this title 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 Federal Trade Commission Act ( 15 U.S.C. 41 et seq. ) were incorporated into and made a part of this title.
(B)
Privileges and immunities
Any person who violates this title 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 title shall be construed to limit the authority of the Commission under any other provision of law.
(b)
Enforcement by states
(1)
Authorization
Subject to paragraph (3), in any case in which the attorney general of a State has reason to believe that an interest of the residents of the State has been or is threatened or adversely affected by the engagement of a social media platform in a practice that violates this title, the attorney general of the State may, as parens patriae, bring a civil action against the social media platform on behalf of the residents of the State in an appropriate district court of the United States to—
(A)
enjoin that practice;
(B)
enforce compliance with this title;
(C)
on behalf of residents of the States, obtain damages, restitution, or other compensation, each of which shall be distributed in accordance with State law; or
(D)
obtain such other relief as the court may consider to be appropriate.
(2)
Rights of federal trade commission
(A)
Notice to federal trade commission
(i)
In general
The attorney general of a State shall notify the Commission in writing that the attorney general intends to bring a civil action under paragraph (1) before the filing of the civil action.
(ii)
Contents
The notification required under clause (i) with respect to a civil action shall include a copy of the complaint to be filed to initiate the civil action.
(iii)
Clause (i) shall not apply with respect to the filing of an action by an attorney general of a State under this paragraph if the attorney general of the State determines that it not feasible to provide the notice required in that clause before filing the action.
(B)
Intervention by federal trade commission
Upon receiving notice under subparagraph (A)(i), the Commission shall have the right to intervene in the action that is the subject of the notice.
(3)
Effect of intervention
If the Commission intervenes in an action under paragraph (1), it shall have the right—
(A)
to be heard with respect to any matter that arises in that action; and
(B)
file a petition for appeal.
(4)
Investigatory powers
Nothing in this subsection may be construed to prevent the attorney general of a State from exercising the powers conferred on the attorney general by the laws of the State to—
(A)
conduct investigations;
(B)
administer oaths or affirmations; or
(C)
compel the attendance of witnesses or the production of documentary or other evidence.
(5)
Preemptive action by federal trade commission
In any case in which an action is instituted by or on behalf of the Commission for a violation of this Act, no State may , during the pendency of that action, institute a separate civil action under paragraph (1) against any defendant named in the complaint in the action instituted by or on behalf of the Commission for that violation.
(6)
Venue; service of process
(A)
Venue
Any action brought under paragraph (1) may be brought in—
(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)
another court of competent jurisdiction.
(B)
Service of process
In an action brought under paragraph (1), process may be served in any district in which the defendant—
(i)
is an inhabitant; or
(ii)
may be found.
107.
Relationship to other laws
The provisions of this title shall preempt any State law, rule, or regulation only to the extent that such State law, rule, or regulation conflicts with a provision of this title. Nothing in this title shall be construed to prohibit a State from enacting a law, rule, or regulation that provides greater protection to children or teens than the protection provided by the provisions of this title. Nothing in this title shall be construed to—
(1)
affect the application of—
(A)
section 444 of the General Education Provisions Act ( 20 U.S.C. 1232g , commonly known as the  Family Educational Rights and Privacy Act of 1974 ) or other Federal or State laws governing student privacy; or
(B)
the Children’s Online Privacy Protection Act of 1998 ( 15 U.S.C. 6501 et seq. ) or any rule or regulation promulgated under such Act; or
(2)
authorize any action that would conflict with section 18(h) of the Federal Trade Commission Act ( 15 U.S.C. 57a(h) ).
108.
Effective date
This title shall take effect 1 year after the date of enactment of this Act.
II
Eyes on the Board Act of 2025
201.
Short title
This title may be cited as the   Eyes on the Board Act of 2025  .
202.
Updating the Children’s Internet Protection Act to include social media platforms
(a)
In general
Section 1721 of the Children’s Internet Protection Act (title XVII of  Public Law 106–554 ) is amended—
(1)
by redesignating subsections (f) through (h) as subsections (g) through (i), respectively; and
(2)
by inserting after subsection (e) the following:
(f)
Limitation on use of school broadband subsidies for access to social media platforms
(1)
Definitions
In this subsection:
(A)
Commission
The term  Commission  means the Federal Communications Commission.
(B)
Section 254(h)
The term  section 254(h)  means section 254(h) of the Communications Act of 1934 ( 47 U.S.C. 254(h) ).
(C)
Social media platform
The term  social media platform —
(i)
means any website, online service, online application, or mobile application that—
(I)
serves the public; and
(II)
primarily provides a forum for users to communicate user-generated content, including messages, videos, images, and audio files, to other online users; and
(ii)
does not include—
(I)
an internet service provider;
(II)
electronic mail;
(III)
an online service, application, or website—
(aa)
that consists primarily of content that is not user-generated, but is preselected by the provider; and
(bb)
for which any chat, comment, or interactive functionality is incidental to, directly related to, or dependent on the provision of content described in item (aa);
(IV)
an online service, application, or website—
(aa)
that is non-commercial and primarily designed for educational purposes; and
(bb)
the revenue of which is not primarily derived from advertising or the sale of personal data;
(V)
a wireless messaging service, including such a service provided through a short messaging service or multimedia service protocols—
(aa)
that is not a component of, or linked to, a website, online service, online application, or mobile application described in clause (i); and
(bb)
the predominant or exclusive function of which is direct messaging consisting of the transmission of text, photos, or videos that—
(AA)
are sent by electronic means from the sender to a recipient; and
(BB)
are not posted publicly or on a website, online service, online application, or mobile application described in clause (i);
(VI)
a teleconferencing or video conferencing service that allows for the reception and transmission of audio or video signals for real-time communication that is initiated by using a unique link or identifier to facilitate access;
(VII)
a product or service that primarily functions as business-to-business software or a cloud storage, file sharing, or file collaboration service; or
(VIII)
an organization that is not organized to carry on business for the profit of the organization or of the members of the organization.
(D)
Technology protection measure
The term  technology protection measure  means a specific technology that blocks or filters access to a social media platform.
(2)
Requirements with respect to social media platforms
(A)
In general
(i)
Certification required
An elementary or secondary school that is subject to paragraph (5) of section 254(h) may not receive services at discount rates under section 254(h) unless the school, school board, local educational agency, or other authority with responsibility for administration of the school—
(I)
submits to the Commission the certification described in subparagraph (B); and
(II)
ensures that the use of the school’s supported services, devices, and networks is in accordance with the certification described in subclause (I).
(ii)
Rule of construction
Nothing in clause (i) may be construed to prohibit—
(I)
district-sanctioned or school-sanctioned learning management systems and school information systems used for purposes of schools conveying content related to the education of students; or
(II)
a teacher from using a social media platform for educational instruction.
(B)
Certification with respect to students and social media
(i)
In general
A certification under this subparagraph is a certification that the applicable school, school board, local educational agency, or other authority with responsibility for administration of the school—
(I)
is enforcing a policy of preventing students of the school from accessing social media platforms on any supported service, device, or network that includes—
(aa)
monitoring the online activities of any such service, device, or network to determine if those students are accessing social media platforms; and
(bb)
the operation of a technology protection measure with respect to those services, devices, and networks that protects against access by those students to a social media platform; and
(II)
is enforcing the operation of the technology protection measure described in subclause (I) during any use of supported services, devices, or networks by students of the school.
(ii)
Rule of construction
Nothing in this subparagraph may be construed to require the applicable school, school board, local educational agency, or other authority to track an individual website, online application, or mobile application that a student is attempting to access (or any search terms used by, or the browsing history of a student) beyond the identity of the website or application and whether access to the website or application is blocked by a technology protection measure because the website or application is a social media platform.
(C)
Timing of implementation
(i)
In general
In the case of a school to which this paragraph applies, the certification under this paragraph shall be made—
(I)
with respect to the first program funding year under section 254(h) after the date of enactment of the  Eyes on the Board Act of 2025 , not later than 120 days after the beginning of that program funding year; and
(II)
with respect to any subsequent funding year, as part of the application process for that program funding year.
(ii)
Process
(I)
Schools with measures in place
A school covered by clause (i) that has in place measures meeting the requirements necessary for certification under this paragraph shall certify its compliance with this paragraph during each annual program application cycle under section 254(h), except that, with respect to the first program funding year after the date of enactment of the  Eyes on the Board Act of 2025 , the certification shall be made not later than 120 days after the beginning of that first program funding year.
(II)
Schools without measures in place
(aa)
First 2 program years
A school covered by clause (i) that does not have in place measures meeting the requirements for certification under this paragraph—
(AA)
for the first program year after the date of enactment of the  Eyes on the Board Act of 2025  in which the school is applying for funds under section 254(h), shall certify that the school is undertaking such actions, including any necessary procurement procedures, to put in place measures meeting the requirements for certification under this paragraph; and
(BB)
for the second program year after the date of enactment of the  Eyes on the Board Act of 2025  in which the school is applying for funds under section 254(h), shall certify that the school is in compliance with this paragraph.
(bb)
Subsequent program years
Any school that is unable to certify compliance with such requirements in such second program year shall be ineligible for services at discount rates or funding in lieu of services at such rates under section 254(h) for such second year and all subsequent program years under section 254(h), until such time as such school comes into compliance with this paragraph.
(III)
Waivers
Any school subject to subclause (II) that cannot come into compliance with subparagraph (B) in such second program year may seek a waiver of subclause (II)(aa)(BB) if State or local procurement rules or regulations or competitive bidding requirements prevent the making of the certification otherwise required by such subclause. A school, school board, local educational agency, or other authority with responsibility for administration of the school shall notify the Commission of the applicability of such subclause to the school. Such notice shall certify that the school in question will be brought into compliance before the start of the third program year after the date of enactment of the  Eyes on the Board Act of 2025  in which the school is applying for funds under section 254(h).
(D)
Noncompliance
(i)
Failure to submit certification
Any school that knowingly fails to comply with the application guidelines regarding the annual submission of a certification required by this paragraph shall not be eligible for services at discount rates or funding in lieu of services at such rates under section 254(h).
(ii)
Failure to comply with certification
Any school that knowingly fails to ensure the use of its supported services, devices, and networks is in accordance with a certification under subparagraph (B) shall reimburse any funds and discounts received under section 254(h) for the period covered by such certification.
(iii)
Remedy of noncompliance
(I)
Failure to submit
A school that has failed to submit a certification under clause (i) may remedy the failure by submitting the certification to which the failure relates. Upon submittal of such certification, the school shall be eligible for services at discount rates under section 254(h).
(II)
Failure to comply
A school that has failed to comply with a certification as described in clause (ii) may remedy the failure by ensuring that the use of its supported services, devices, and networks is in accordance with such certification. Upon submittal to the Commission of a certification or other appropriate evidence of such remedy, the school shall be eligible for services at discount rates under section 254(h).
(E)
Rule of construction
Nothing in this paragraph may be construed to consider a school, school board, local educational agency, or other authority with responsibility for the administration of a school in violation of this paragraph, or subject to a delay in the processing of funding applications or requests for reimbursement, if that school, school board, local educational agency, or other authority makes a good faith effort to comply with this paragraph and to correct a known violation of this paragraph within a reasonable period of time.
(3)
Enforcement
(A)
In general
The Commission shall—
(i)
not later than 120 days after the date of enactment of the  Eyes on the Board Act of 2025 , amend the rules of the Commission to carry out this subsection; and
(ii)
subject to subparagraph (B), enforce this subsection, and any rules issued under this subsection, as if this subsection and those rules were part of the Communications Act of 1934 ( 47 U.S.C. 151 et seq. ) or the rules issued under that Act.
(B)
Limitations
(i)
Noncompliance despite good faith efforts
The Commission may not seek recovery of funding provided under section 254(h), or delay the processing of a funding application, because of the violation by a school, school board, local educational agency, or other authority with responsibility for administration of the school of any requirement of this subsection, or any rule issued under this subsection, if the school, school board, local educational agency, or other authority with responsibility for administration of the school made a good faith effort to comply with that requirement and correct any known violations of that requirement within a reasonable period of time.
(ii)
Noncompliance without good faith efforts
With respect to any violation of a requirement of this subsection, or any rule issued under this subsection, in which a school, school board, local educational agency, or other authority with responsibility for administration of the school does not make a good faith effort to comply with that requirement, or does not correct any known violation of that requirement within a reasonable period of time, the Commission shall seek recovery of the funding provided to the school under section 254(h) for such period consistent with the remedy established under paragraph (2)(D)(iii).
(4)
Exemption for certain libraries
Nothing in this subsection may be construed to require a library (as defined in section 213 of the Museum and Library Services Act ( 20 U.S.C. 9122 )), except a library of an elementary or secondary school, to comply with the requirements of this subsection or any rule issued under this subsection.
 .
(b)
Technical and conforming amendments
Section 254(h) of the Communications Act of 1934 ( 47 U.S.C. 254(h) ) is amended—
(1)
in paragraph (5)(E)—
(A)
in clause (i), in the matter preceding subclause (I), by striking  1721(h)  and inserting  1721(i) ; and
(B)
in clause (ii)(I), by striking  1721(h)  and inserting  1721(i) ; and
(2)
in paragraph (6)(E)—
(A)
in clause (i), in the matter preceding subclause (I), by striking  1721(h)  and inserting  1721(i) ; and
(B)
in clause (ii)(I), by striking  1721(h)  and inserting  1721(i) .
203.
Internet safety policies
Section 254 of the Communications Act of 1934 ( 47 U.S.C. 254 ) is amended—
(1)
in subsection (h)(5)—
(A)
in subparagraph (A)(i)—
(i)
in subclause (I), by inserting  and copies of the Internet safety policy to which each such certification pertains  before the semicolon at the end; and
(ii)
in subclause (II)—
(I)
by striking  Commission  and all that follows through the end of the subclause and inserting the following:
Commission—
(aa)
a certification that an Internet safety policy described in subclause (I) have been adopted and implemented for the school; and
  ; and
(II)
by adding at the end the following:
(bb)
copies of the Internet safety policy described in item (aa); and
  ; and
(B)
by adding at the end the following:
(G)
Database of internet safety policies
The Commission shall establish an easily accessible, public database that contains each Internet safety policy submitted to the Commission under subclauses (I) and (II) of subparagraph (A)(i).
 ; and
(2)
in subsection (l), by striking paragraph (3) and inserting the following:
(3)
Availability for review
A copy of each Internet safety policy adopted by a library under this subsection shall be made available to the Commission, upon request of the Commission, by the library for purposes of the review of the Internet safety policy by the Commission.
 .
III
Severability
301.
Severability
If any provision of this Act is determined to be unenforceable or invalid, the remaining provisions of this Act shall not be affected.