[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1291 Introduced in Senate (IS)]

<DOC>






118th CONGRESS
  1st Session
                                S. 1291

 To require that social media platforms verify the age of their users, 
 prohibit the use of algorithmic recommendation systems on individuals 
  under age 18, require parental or guardian consent for social media 
   users under age 18, and prohibit users who are under age 13 from 
                   accessing social media platforms.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             April 26, 2023

   Mr. Schatz (for himself, Mr. Cotton, Mr. Murphy, and Mrs. Britt) 
introduced the following bill; which was read twice and referred to the 
           Committee on Commerce, Science, and Transportation

_______________________________________________________________________

                                 A BILL


 
 To require that social media platforms verify the age of their users, 
 prohibit the use of algorithmic recommendation systems on individuals 
  under age 18, require parental or guardian consent for social media 
   users under age 18, and prohibit users who are under age 13 from 
                   accessing social media platforms.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Protecting Kids on Social Media 
Act''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Algorithmic recommendation system.--The term 
        ``algorithmic recommendation system'' means a fully or 
        partially automated system that suggests, promotes, or ranks 
        information for, or presents advertising to, an individual.
            (2) Commission.--The term ``Commission'' means the Federal 
        Trade Commission.
            (3) Individual.--The term ``individual'' means a social 
        media platform user who habitually resides in the United 
        States.
            (4) Minor.--The term ``minor'' means an individual who is 
        at least 13 years of age but under 18 years of age.
            (5) Personal data.--The term ``personal data'' means 
        information that identifies or is linked or reasonably linkable 
        to an individual, household, or consumer device.
            (6) Social media platform.--The term ``social media 
        platform'' means an online application or website that--
                    (A) offers services to users in the United States;
                    (B) allows users to create accounts to publish or 
                distribute to the public or to other users text, 
                images, videos, or other forms of media content; and
                    (C) provides the functions described in paragraph 
                (B) other than in support of--
                            (i) facilitating commercial transactions;
                            (ii) facilitating teleconferencing and 
                        videoconferencing features that are limited to 
                        certain participants in the teleconference or 
                        videoconference and are not posted publicly or 
                        for broad distribution to other users;
                            (iii) facilitating subscription-based 
                        content or newsletters;
                            (iv) facilitating crowd-sourced content for 
                        reference guides such as encyclopedias and 
                        dictionaries;
                            (v) providing cloud-based electronic 
                        storage, including cloud-based storage that 
                        allows collaborative editing by invited users;
                            (vi) making video games available for play 
                        by users;
                            (vii) reporting or disseminating news;
                            (viii) providing other kinds of information 
                        concerning businesses, products, or travel 
                        information, including user reviews or rankings 
                        of such businesses, products, or other travel 
                        information;
                            (ix) providing educational information or 
                        instruction 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);
                            (x) facilitating electronic mail or direct 
                        messaging between users (except for message 
                        boards or applications where users can add 
                        themselves to messaging groups consisting of 
                        large numbers of users) consisting of text, 
                        photos, or videos that are not posted publicly 
                        and are visible only to the senders and 
                        recipients; or
                            (xi) any other function that provides 
                        content to end users but does not allow the 
                        dissemination of user-generated content.

SEC. 3. REASONABLE STEPS FOR AGE VERIFICATION.

    (a) In General.--A social media platform shall take reasonable 
steps beyond merely requiring attestation, taking into account existing 
age verification technologies, to verify the age of individuals who are 
account holders on the platform.
    (b) Restriction on Use and Retention of Information.--A social 
media platform shall not--
            (1) use any information collected as part of the platform's 
        age verification process for any other purpose; or
            (2) retain any information collected from a user as part of 
        the age verification process except to the extent necessary to 
        prove that the platform has taken reasonable steps to verify 
        the age of the user.
    (c) Rule of Construction.--Nothing in this section shall be 
construed to require a social media platform to require users to 
provide government-issued identification for age verification.
    (d) Existing Accounts.--A social media platform shall not be 
required to verify the age of account holders on the platform for any 
account that, as of the date of enactment of this Act, has existed for 
90 days or more, until 2 years after the date of enactment of this Act.
    (e) Unverified Accounts.--A social media platform shall not permit 
an individual to create a user account (or continue to use an existing 
user account after the date that is 2 years after the date of enactment 
of this Act) if the individual's age has not been verified.
    (f) Safe Harbor.--A social media platform that, for age 
verification purposes, relies in good faith on information provided by 
the Pilot Program described in section 7 to verify the age of a user 
shall be deemed to have taken reasonable steps to verify the age of 
that user on the platform.

SEC. 4. NO CHILDREN UNDER 13.

    A social media platform shall not permit an individual to use the 
platform (other than merely viewing content, as long as such viewing 
does not involve logging in or interacting with the content or other 
users) unless the individual is known or reasonably believed to be age 
13 or older according to the age verification process used by the 
platform.

SEC. 5. PARENT OR GUARDIAN CONSENT FOR MINORS.

    (a) In General.--A social media platform shall take reasonable 
steps beyond merely requiring attestation, taking into account current 
parent or guardian relationship verification technologies and 
documentation, to require the affirmative consent of a parent or 
guardian to create an account for any individual who the social media 
platform knows or reasonably believes to be a minor according to the 
age verification process used by the platform.
    (b) Restriction on Use and Retention of Information.--A social 
media platform shall not--
            (1) use any information collected as part of the parent or 
        guardian consent process for any other purpose; or
            (2) retain any information collected as part of the parent 
        or guardian verification process except to the extent necessary 
        to--
                    (A) provide confirmation of the affirmative consent 
                of a parent or guardian for a minor user to create an 
                account;
                    (B) preserve the ability of the parent or guardian 
                to revoke such consent; and
                    (C) prove that the platform has taken reasonable 
                steps to obtain the affirmative consent of a parent or 
                guardian for a minor user to create an account.
    (c) Ability To Revoke Consent.--A social media platform shall take 
reasonable steps to provide a parent or guardian who has consented to 
their child's social media use with the ability to revoke such consent.
    (d) Effect of Revocation of Consent.--A social media platform that 
receives a revocation of consent under subsection (c) shall suspend, 
delete, or otherwise disable the account of the minor user for whom 
consent was revoked.
    (e) Rule of Construction.--Nothing in this section shall be 
construed to require a social media platform to require minor users or 
their parents or guardians to provide government-issued identification 
for relationship verification or the provision of affirmative consent 
to create an account.
    (f) Safe Harbor.--A social media platform that, for parent or 
guardian relationship verification purposes, relies in good faith on 
information provided by the Pilot Program described in section 7 shall 
be deemed to have taken reasonable steps to verify the parent or 
guardian relationship of the parent or guardian granting consent for a 
minor user to create an account under this section.

SEC. 6. PROHIBITION ON THE USE OF ALGORITHMIC RECOMMENDATION SYSTEMS ON 
              TEENS UNDER 18.

    (a) In General.--A social media platform shall not use the personal 
data of an individual in an algorithmic recommendation system unless 
the platform knows or reasonably believes that the individual is age 18 
or older according to the age verification process used by the 
platform.
    (b) Rule of Construction.--The prohibition in subsection (a) shall 
not be construed to prevent the suggestion of information or provision 
of advertising to an individual based on context where the information 
or advertising is related to the content being viewed by the 
individual, as long as such information is suggested or advertising is 
provided solely based on context and is not targeted or recommended 
based on personal data of the individual.

SEC. 7. SECURE DIGITAL IDENTIFICATION CREDENTIAL PILOT PROGRAM.

    (a) In General.--Not later than 2 years after the date of enactment 
of this Act, the Secretary of Commerce (referred to in this section as 
the ``Secretary'') shall establish a pilot program (referred to in this 
Act as the ``Pilot Program'') for providing a secure digital 
identification credential to individuals who are citizens and lawful 
residents of the United States at no cost to the individual.
    (b) Pilot Program Parameters.--The Pilot Program shall do the 
following:
            (1) Allow individuals to verify their age, or their parent 
        or guardian relationship with a minor user, by uploading copies 
        of government-issued and other forms of identification (such as 
        records issued by an educational institution), or by validating 
        the authenticity of identity information provided by the 
        individual using electronic records of State departments of 
        motor vehicles, the Internal Revenue Service, the Social 
        Security Administration, State agencies responsible for vital 
        records, or other governmental or professional records 
        providers that the Secretary determines are able to reliably 
        assist in the verification of identity information.
            (2) Meet or exceed the highest cybersecurity standards 
        expected of secure consumer products such as financial or 
        healthcare records or that are required to obtain access to 
        government systems.
            (3) Provide users with the ability to--
                    (A) obtain a secure digital identification 
                credential that they may use to verify their age or 
                parent or guardian relationship with enrolled social 
                media platforms; and
                    (B) control what data they choose to allow the 
                pilot program to share with a social media platform, 
                without sharing copies of the underlying verification 
                documents or any information that the user does not 
                affirmatively agree to share with those social media 
                platforms.
            (4) Not retain copies of underlying governmental records 
        after verifying the information provided by the user.
            (5) Provide users with the ability to disable or delete 
        their secure digital identification credential and any 
        associated records kept by the Pilot Program at any time.
            (6) Keep no records of the social media platforms where 
        users have verified their identity using a secure digital 
        identification credential, other than aggregate data that is 
        anonymized so that it cannot be linked to individual users.
    (c) Access.--Information regarding individual users of the Pilot 
Program shall be confidential, and no officer or employee of the United 
States, or any other person who has or had access to such information 
due to their involvement with the Pilot Program, shall disclose any 
such information to any entity, including law enforcement agencies, 
except--
            (1) with the consent of the user;
            (2) in connection with oversight by an Inspector General 
        related to the proper implementation of this Act;
            (3) in connection with an investigation into a user for 
        committing fraud against the Pilot Program; or
            (4) pursuant to a court order.
    (d) Voluntary Program.--The Pilot Program described in subsection 
(a) shall be voluntary, and nothing in this Act shall be construed to 
require any individual or social media platform to use the Pilot 
Program.
    (e) Social Media Platform Enrollment.--
            (1) The Secretary may establish regulations for social 
        media platform enrollment in the Pilot Program to ensure that 
        enrolled social media platforms employ appropriate privacy and 
        technical protections sufficient to prevent the abuse or 
        improper release of Pilot Program information relating to 
        individual users.
            (2) The Secretary may revoke the enrollment of any social 
        media platform to protect the integrity and security of the 
        Pilot Program information.
    (f) Authority To Enter Agreements.--The Secretary shall have the 
authority to enter into memoranda of agreement with Federal, State, 
tribal, or nongovernmental entities, including entering into contracts 
with private identity verification technology providers, to facilitate 
the establishment and operation of the Pilot Program.
    (g) Design Report to Congress.--Not later than 1 year after the 
date of enactment of this Act, the Secretary shall submit to the 
Committee on Commerce of the Senate, the Committee on Appropriations of 
the Senate, the Committee on Energy and Commerce of the House of 
Representatives, and the Committee on Appropriations of the House of 
Representatives, a report outlining the proposed design of the Pilot 
Program, including estimated costs and the identification of any legal 
or other barriers identified as impeding the creation and functioning 
of the Pilot Program.
    (h) Allowable Use.--The Pilot Program shall be used only to 
establish online age verification and parental consent for purposes of 
social media platform participation, and may not be used to establish 
eligibility for any government benefit or legal status.
    (i) Sunset.--The Pilot Program shall end on the later of--
            (1) September 30 of the eighth year that begins after the 
        date of enactment of this Act; and
            (2) September 30 of the fifth year that begins after the 
        date on which the Pilot Program begins providing secure digital 
        identification credentials to individuals.
    (j) Authorization.--There are authorized to be appropriated to the 
Secretary such sums as may be necessary to carry out the provisions of 
this section.

SEC. 8. ENFORCEMENT.

    (a) Enforcement by Commission.--
            (1) Unfair or deceptive acts or practices.--A violation of 
        this Act by a social media platform 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.--Except as provided in subparagraph 
                (C), 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 Federal Trade 
                Commission Act (15 U.S.C. 41 et seq.) were incorporated 
                into and made a part of this Act.
                    (B) Privileges and immunities.--Except as provided 
                in subparagraph (C), any person who 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.).
                    (C) Nonprofit organizations and common carriers.--
                Notwithstanding section 4 or 5(a)(2) of the Federal 
                Trade Commission Act (15 U.S.C. 44, 45(a)(2)) or any 
                jurisdictional limitation of the Commission, the 
                Commission shall also enforce this Act, in the same 
                manner provided in subparagraphs (A) and (B) of this 
                paragraph, with respect to--
                            (i) organizations not organized to carry on 
                        business for their own profit or that of their 
                        members; and
                            (ii) common carriers subject to the 
                        Communications Act of 1934 (47 U.S.C. 151 et 
                        seq.).
    (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 Act, the 
        attorney general of the State may, as parens patriae, bring a 
        civil action against the online service provider or person on 
        behalf of the residents of the State in an appropriate district 
        court of the United States to obtain appropriate relief, 
        including civil penalties in the amount determined under 
        paragraph (2).
            (2) Civil penalties.--A social media platform that is 
        found, in an action brought under paragraph (1), to have 
        knowingly or repeatedly violated sections this Act shall, in 
        addition to any other penalty otherwise applicable to a 
        violation of this Act, be liable for a civil penalty equal to 
        the amount calculated by multiplying--
                    (A) the greater of--
                            (i) the number of days during which the 
                        social media platform was not in compliance 
                        with that section; or
                            (ii) the number of end users who were 
                        harmed as a result of the violation; by
                    (B) an amount not to exceed the maximum civil 
                penalty for which a person, partnership, or corporation 
                may be liable under section 5(m)(1)(A) of the Federal 
                Trade Commission Act (15 U.S.C. 45(m)(1)(A)) (including 
                any adjustments for inflation).
            (3) Rights of federal trade commission.--
                    (A) Notice to federal trade commission.--
                            (i) In general.--Except as provided in 
                        clause (iii), 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 initiating 
                        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) Exception.--If it is not feasible for 
                        the attorney general of a State to provide the 
                        notification required under clause (i) before 
                        initiating a civil action under paragraph (1), 
                        the attorney general shall notify the 
                        Commission immediately upon instituting the 
                        civil action.
                    (B) Intervention by federal trade commission.--The 
                Commission may--
                            (i) intervene in any civil action brought 
                        by the attorney general of a State under 
                        paragraph (1); and
                            (ii) upon intervening--
                                    (I) be heard on all matters arising 
                                in the civil action; and
                                    (II) file petitions for appeal of a 
                                decision in the civil action.
            (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.--If the 
        Commission institutes a civil action or an administrative 
        action with respect to a violation of this Act, the attorney 
        general of a State may not, during the pendency of the action, 
        bring a civil action under paragraph (1) against any defendant 
        named in the complaint of the Commission based on the same set 
        of facts giving rise to the alleged violation with respect to 
        which the Commission instituted the action.
            (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.
            (7) Actions by other state officials.--
                    (A) In general.--In addition to civil actions 
                brought by attorneys general under paragraph (1), any 
                other consumer protection officer of a State who is 
                authorized by the State to do so may bring a civil 
                action under paragraph (1), subject to the same 
                requirements and limitations that apply under this 
                subsection to civil actions brought by attorneys 
                general.
                    (B) Savings provision.--Nothing in this subsection 
                may be construed to prohibit an authorized official of 
                a State from initiating or continuing any proceeding in 
                a court of the State for a violation of any civil or 
                criminal law of the State.
    (c) Extraterritorial Jurisdiction.--There is extraterritorial 
jurisdiction over any violation of this Act if such violation involves 
an individual in the United States or if any act in furtherance of the 
violation was committed in the United States.

SEC. 9. EFFECTIVE DATE.

     This Act shall take effect 1 year after the date of enactment of 
this Act.
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