[Senate Report 119-33]
[From the U.S. Government Publishing Office]
Calendar No. 108
119th Congress} { Report
SENATE
1st Session } { 119-33
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KIDS OFF SOCIAL MEDIA ACT
__________
R E P O R T
OF THE
COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION
ON
S. 278
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
June 30, 2025.--Ordered to be printed
__________
U.S. GOVERNMENT PUBLISHING OFFICE
WASHINGTON : 2025
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SENATE COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION
one hundred nineteenth congress
first session
TED CRUZ, Texas, Chairman
JOHN THUNE, South Dakota MARIA CANTWELL, Washington
ROGER F. WICKER, Mississippi AMY KLOBUCHAR, Minnesota
DEB FISCHER, Nebraska BRIAN SCHATZ, Hawaii
JERRY MORAN, Kansas EDWARD J. MARKEY, Massachusetts
DAN SULLIVAN, Alaska GARY C. PETERS, Michigan
MARSHA BLACKBURN, Tennessee TAMMY BALDWIN, Wisconsin
TODD YOUNG, Indiana TAMMY DUCKWORTH, Illinois
TED BUDD, North Carolina JACKY ROSEN, Nevada
ERIC SCHMITT, Missouri BEN RAY LUJAN, New Mexico
JOHN CURTIS, Utah JOHN W. HICKENLOOPER, Colorado
BERNIE MORENO, Ohio JOHN FETTERMAN, Pennsylvania
TIM SHEEHY, Montana ANDY KIM, New Jersey
SHELLEY MOORE CAPITO, West Virginia LISA BLUNT ROCHESTER, Delaware
CYNTHIA M. LUMMIS, Wyoming
Brad Grantz, Majority Staff Director
Lila Harper Helms, Democratic Staff Director
Calendar No. 108
119th Congress} { Report
SENATE
1st Session } { 119-33
======================================================================
KIDS OFF SOCIAL MEDIA ACT
_______
June 30, 2025.--Ordered to be printed
_______
Mr. Cruz, from the Committee on Commerce, Science, and Transportation,
submitted the following
R E P O R T
[To accompany S. 278]
[Including cost estimate of the Congressional Budget Office]
The Committee on Commerce, Science, and Transportation, to
which was referred the bill (S. 278) 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,
having considered the same, reports favorably thereon without
amendment and recommends that the bill do pass.
Purpose of the Bill
The purpose of S. 278 is to require social media companies
to implement a number of policies to protect young users,
including requirements that social media platforms prohibit
children under age 13 from creating or maintaining a social
media account and not use the personal data of a child or teen
to display targeted, personalized content to such child or
teen. It would also require similar protections from elementary
or secondary schools that receive certain Federal funds by
requiring them to certify that they block or filter access to
certain social media platforms on any such school's federally
supported services, devices, and networks.
Background and Needs
Given the prevalence of internet connected devices in our
society, children are often introduced to social media use at a
young age. Numerous studies, as well as hearings held before
the Committee's Subcommittee on Consumer Protection, Product
Safety, and Data Security, document the significant physical
and mental health harms to children from social media use, as
well as safety concerns that arise when predators have access
to children through their online accounts and activities.
Studies have shown a strong relationship between social
media use and poor mental health, especially among children.
From 2019 to 2021, overall media use among teens and tweens
(ages 8 to 12) increased by 17 percent, with tweens using
screens for 5 hours and 33 minutes per day and teens using
screens for 8 hours and 39 minutes.\1\
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\1\Victoria Rideout et al., The Common Sense Census: Media Use by
Tweens and Teens, 2021, at p. 16, Common Sense Media, 2022 (https://
www.commonsensemedia.org/sites/default/files/research/report/8-18-
census-integrated-report-final-web_0.pdf).
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The risk of harm from social media continues as children
reach high school age. The Centers for Disease Control and
Prevention's Youth Risk Behavior Survey found that frequent
social media use among high school students was associated with
higher prevalence of bullying victimization, persistent
feelings of sadness and hopelessness, and thoughts of
suicide.\2\
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\2\Emily Young et al., Frequent Social Media Use and Experiences
with Bullying Victimization, Persistent Feelings of Sadness or
Hopelessness, and Suicide Risk Among High School Students--Youth Risk
Behavior Survey, United States, 2023, Centers for Disease Control,
Morbidity and Mortality Weekly, October 10, 2024 (https://www.cdc.gov/
mmwr/volumes/73/su/su7304a3.htm?s_cid=su7304a3-w).
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A May 2023 advisory by the U.S. Surgeon General stated that
up to 95 percent of youth between ages 13-17 reported using
social media, with over a third using it ``almost
constantly.''\3\ Teens who spend more than 3 hours per day on
social media face double the risk of poor mental health
outcomes.\4\
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\3\U.S. Department of Health and Human Services, ``Surgeon General
Issues New Advisory About Effects Social Media Use Has on Youth Mental
Health,'' May 23, 2023 (https://www.hhs.gov/about/news/2023/05/23/
surgeon-general-issues-new-advisory-about-effects-social-media-use-has-
youth-mental-health.html).
\4\Ibid.
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A phone-based childhood--predominantly spent on social
media--has been documented to lead to social awkwardness,
reduced self-confidence, a more sedentary childhood, fragmented
attention, disrupted learning, addiction, and social
withdrawal.\5\
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\5\Jonathan Haidt, ``End The Phone-Based Childhood Now,'' The
Atlantic, March 13, 2024 (https://www.theatlantic.com/technology/
archive/2024/03/teen-childhood-smartphone-use-mental-health-effects/
677722/).
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The U.S. Surgeon General has stated there is not enough
evidence to conclude social media is sufficiently safe for
children and adolescents.\6\ The Surgeon General cited studies
showing that when children and teens reduce or eliminate
exposure to social media for longer than a month it improves
mental health.\7\
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\6\See supra n.4. (https://www.hhs.gov/about/news/2023/05/23/
surgeon-general-issues-new-advisory-about-effects-social-media-use-has-
youth-mental-health.html).
\7\Ibid.
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Parents intuitively understand the harms associated with
their child's use of social media. For example, a survey
conducted by Count on Mothers shows that over 90 percent of
mothers agree that there should be a minimum of age 13 for
social media.\8\
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\8\Count on Mothers, ``Mothers' Views on the Protecting Kids on
Social Media Act,'' June 2023 (https://www.countonmothers.org/
research#June2023).
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The Subcommittee on Consumer Protection, Product Safety,
and Data Security has held a number of hearings to explore
harms to children and teens caused by social media use.
On October 2, 2021, the Subcommittee on Consumer
Protection, Product Safety, and Data Security heard from a
whistleblower and former Facebook (now Meta) employee who
testified that Meta prioritized user engagement, which fueled
growth and profit, over the wellbeing of young users. The
witness further testified that Meta's policies, practices, and
the extent of its internal research on harms to youth on its
platforms lack transparency, both to the public and independent
researchers.\9\
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\9\Prepared statement of Frances Haugen, submitted to the Senate
Committee on Commerce, Science, and Transportation, Subcommittee on
Consumer Protection, Data Security, and Product Safety, for hearing on
``Protecting Kids Online: Testimony from a Facebook Whistleblower,''
117th Congress, October 5, 2021 (https://www.commerce.senate.gov/2021/
10/protecting
%20kids%20online:%20testimony%20from%20a%20facebook%20whistleblower).
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The subcommittee held other hearings on September 30,
2021,\10\ October 26, 2021,\11\ and December 8, 2021,\12\ to
examine how online platforms--particularly social media
platforms--harm young users. These hearings highlighted that
algorithmic recommendation systems and targeted advertisements
push age-inappropriate, potentially life-threatening content on
youth, such as content encouraging dieting and eating disorder
behaviors, reckless and dangerous driving, and viral challenges
to perform life-threatening stunts. The hearings suggested that
external oversight and regulation may be necessary to ensure
the safety of minors online because the platforms have failed
in doing so on their own.
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\10\Hearing on ``Protecting Kids Online: Facebook, Instagram, and
Mental Health Harms,'' Senate Committee on Commerce, Science, and
Transportation, Subcommittee on Consumer Protection, Product Safety,
and Data Security, 117th Congress, October 5, 2021 (https://
www.commerce.senate.gov/2021/9/protecting-kids-online-facebook-
instagram-and-mental-health-harms).
\11\Hearing on ``Protecting Kids Online: Snapchat, TikTok, and
YouTube,'' Senate Committee on Commerce, Science, and Transportation,
Subcommittee on Consumer Protection, Product Safety, and Data Security,
117th Congress, October 26, 2021 (https://www.commerce.senate.gov/2021/
10/protecting-kids-online-snapchat-tiktok-and-youtube).
\12\Hearing on ``Protecting Kids Online: Instagram and Reforms for
Young Users,'' Senate Committee on Commerce, Science, and
Transportation, Subcommittee on Consumer Protection, Product Safety,
and Data Security, 117th Congress, December 8, 2021 (https://
www.commerce.senate.gov/2021/12/protecting-kids-online-instagram-and-
reforms-for-young-users).
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S. 278 responds to the concerns that social media platforms
have not taken appropriate steps to protect children or teens
online.
Summary of Provisions
S. 278 would do the following:
Require a social media platform to prohibit an
individual from creating or maintaining an account or
profile if the platform knows that such individual is a
child under the age of 13.
Require a social media platform to terminate any
existing account or profile of a user who the social
media platform knows is a child.
Prohibit a social media platform from using the
personal data of a child or teen in a personalized
recommendation system to display content to a user or
visitor the platform knows is a child or teen.
Establish a standard for the Federal Trade
Commission (FTC) or the attorney general of a State to
make a determination as to whether a social media
platform has knowledge that a user is a child or teen.
Authorize the FTC to enforce violations of title I
of this Act as a violation of a rule defining an unfair
or deceptive act or practice prescribed under section
18 of the Federal Trade Commission Act.\13\
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\13\15 U.S.C. 57a.
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Authorize the attorney general of a State to enforce
violations of title I of this Act.
Preempt any State law, rule, or regulation only to
the extent that such State law, rule, or regulation
conflicts with a provision of title I. Clarifies that
nothing in title I should 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.
Update the Children's Internet Protection Act\14\ to
require the school, school board, local educational
agency, or other authority with responsibility for
administration of an elementary or secondary school
that is subject to paragraph (5) of section 254(h) of
the Communications Act of 1934\15\ to certify that it
is enforcing a policy to prevent students from
accessing, and has in place measures to block or
filter, certain social media platforms on any such
school's federally supported services, devices, and
networks. Determine that any covered school that is
unable to certify such compliance is ineligible to
receive service at discount rates under section 254(h)
until such school comes into compliance.
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\14\15 U.S.C. 6501 et seq.
\15\47 U.S.C. 254(h).
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Require the Federal Communications Commission (FCC)
to enforce violations of title II of this Act. Limit
the FCC from seeking recovery of funding or delay the
processing of a fund application due to a violation of
title II if the school, school board, local educational
agency, or other authority made a good faith effort to
comply with the requirements in title II and correct
any known violations of such requirements within a
reasonable period of time.
Require the FCC to establish an easily accessible,
public database that contains each internet safety
policy that is required to be submitted to the FCC
under title II.
Legislative History
S. 278 was introduced on January 28, 2025, by Senator
Schatz (for himself and Senators Cruz, Murphy, Britt, Welch,
Budd, King, Curtis, Warner, and Fetterman) and was referred to
the Committee on Commerce, Science, and Transportation of the
Senate. On February 5, 2025, the Committee met in open
Executive Session and, by voice vote, ordered S. 278 reported
favorably without amendment.
Estimated Costs
In accordance with paragraph 11(a) of rule XXVI of the
Standing Rules of the Senate and section 403 of the
Congressional Budget Act of 1974, the Committee provides the
following cost estimate, prepared by the Congressional Budget
Office:
The bill would:
Prohibit social media platforms from
allowing children to create accounts and from
recommending certain content to children or teens based
on their personal data
Require schools to block access to social
media as a condition of receiving discounted broadband
service through the E-Rate program of the Federal
Communications Commission (FCC)
Impose intergovernmental and private-sector
mandates
Estimated budgetary effects would mainly stem from:
Increases in spending subject to
appropriation for the Federal Trade Commission and FCC
to implement and enforce the bill's requirements
Increases in direct spending and revenues
associated with administrative costs of the Universal
Service Administrative Company
Increases in civil penalties
Bill summary: S. 278 would prohibit social media platforms
from allowing children to create accounts and from recommending
certain content to children or teens based on their personal
data. The Federal Trade Commission (FTC) would be required to
enforce those prohibitions.
The bill also would require schools to block access to
social media on school-provided services, networks, and devices
as a condition of receiving discounted broadband service
through the E-Rate program of the Federal Communications
Commission (FCC). The FCC would be required to enforce that
requirement. Finally, S. 278 would direct the FCC to collect
information from schools about their Internet safety policies
and establish a public database of those policies.
Estimated Federal cost: The estimated costs fall within
budget function 370 (commerce and housing credit).
Basis of estimate: CBO assumes that S. 278 will be enacted
before the end of fiscal year 2025.
Spending subject to appropriation: Using information from
the affected agencies, CBO estimates that implementing S. 278
would cost $4 million over the 2025-2030 period; any related
spending would be subject to the availability of appropriated
funds.
CBO estimates that the FTC would need three additional
lawyers and technologists in its Bureau of Consumer Protection
to enforce violations at a cost of about $235,000 per employee
in 2025. On that basis, and accounting for anticipated
inflation, CBO estimates that it would cost the FTC $4 million
over the 2025-2030 period to implement the requirements in the
bill.
CBO estimates that it would cost the FCC less than $500,000
to provide guidance to E-Rate recipients and to establish and
maintain the public database. Because the FCC is authorized to
collect fees each year sufficient to offset the appropriated
costs of its regulatory activities, CBO estimates that the net
cost to the FCC would be negligible, assuming appropriation
actions consistent with that authority.
Direct spending and revenues: In total, CBO estimates that
enacting S. 278 would increase revenues and direct spending by
an insignificant amount over the 2025-2035 period.
The Universal Service Administrative Company (USAC), which
administers the E-Rate program on behalf of the FCC, already
oversees compliance with E-Rate policies as part of its normal
duties; therefore, S. 278 would not create substantial new
responsibilities. In addition, CBO expects that many schools
already block social media access under current policy, and
that schools would generally comply with the new requirements
under the bill. Therefore, CBO estimates that any additional
costs for USAC to oversee schools' social media policies would
be insignificant. Under current law, USAC levies assessments on
telecommunications carriers to fund its operations; the
collection of those assessments is recorded in the budget as
revenue and the spending of those assessments is classified as
direct spending. On that basis, CBO estimates that the increase
in the deficit from increases in revenues and direct spending
would be negligible.
The bill would authorize the FTC to collect civil monetary
penalties from businesses found in violation of the bill, along
with pursuing other remedies. Civil monetary penalties are
generally remitted to the Treasury and recorded as revenues.
CBO estimates that the additional revenues collected through
2035 would be insignificant.
The extent to which businesses would violate the new rules
after they go into effect is uncertain. Furthermore, if a
business does violate the new rules and the FTC chooses to
proceed with an enforcement action, the extent to which the
agency pursues civil penalties versus other remedies is also
uncertain, as is the amount of time it would take to resolve a
case.
Pay-As-You-Go considerations: The Statutory Pay-As-You-Go
Act of 2010 establishes budget-reporting and enforcement
procedures for legislation affecting direct spending or
revenues. CBO estimates that enacting the bill would increase
direct spending and revenues by less than $500,000 in every
year and over the 2025-2035 period.
Increase in long-term net direct spending and deficits: CBO
estimates that enacting S. 278 would increase net direct
spending by an insignificant amount in all of the four
consecutive 10-year periods beginning in 2036.
CBO estimates that enacting S. 278 would not increase on-
budget deficits in any of the four consecutive 10-year periods
beginning in 2036.
Mandates: The bill would impose intergovernmental and
private-sector mandates as defined in the Unfunded Mandates
Reform Act (UMRA). CBO estimates that the total cost of those
mandates would not exceed the thresholds established in UMRA
for intergovernmental and private-sector mandates ($103 million
and $206 million in 2025, respectively, adjusted annually for
inflation).
S. 278 would impose an intergovernmental mandate by
preempting state laws governing access to social media
platforms for people under the age of 17. Although the
preemption would limit the application of state laws, it would
impose no duty on state governments that would result in
additional spending or loss of revenue.
The bill would impose private-sector mandates by
prohibiting social media platforms from allowing children under
the age of 13 to create and maintain accounts. Social media
platforms also would be required to delete those accounts and
supply a copy, upon request, of the personal data of that child
user. In addition, social media platforms would be prohibited
from using automated systems to promote content based on
personal data for people under the age of 17. The incremental
cost of the mandates would be small because social media
platforms already voluntarily comply, or their current business
practices would allow the platforms to easily comply with
provisions of the bill.
If the FCC increases annual fee collections to offset the
costs of implementing provisions in the bill, S. 278 would
increase the cost of an existing private-sector mandate on
entities required to pay those fees. CBO estimates that the
incremental cost of the mandate would be small.
Estimate prepared by: Federal costs: David Hughes;
Mandates: Rachel Austin.
Estimate reviewed by: Justin Humphrey, Chief, Finance,
Housing, and Education Cost Estimates Unit; Kathleen
FitzGerald, Chief, Public and Private Mandates Unit; H. Samuel
Papenfuss, Deputy Director of Budget Analysis.
Estimate approved by: Phillip L. Swagel, Director,
Congressional Budget Office.
Regulatory Impact Statement
In accordance with paragraph 11(b) of rule XXVI of the
Standing Rules of the Senate, the Committee provides the
following evaluation of the regulatory impact of the
legislation, as reported:
number of persons covered
Title I of S. 278 would cover the following entities and
any employees retained by them: (1) Social media platforms; (2)
the FTC; and (3) State attorneys general.
Title II of S. 278 would cover all elementary or secondary
schools that are subject to paragraph (5) of section 254(h) of
the Communications Act of 1934\16\ and receive services at
discount rates under section 254(h).
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\16\47 U.S.C. 254(h).
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economic impact
S. 278's primary economic impact would be from costs to or
changes in revenue for social media platforms that result from:
(1) prohibiting children from creating or maintaining a social
media account or profile, or (2) prohibiting use of personal
data of a child or teen in a personalized recommendation system
to display content to such child or teen.
Further, S. 278 may have an economic impact on elementary
or secondary schools due to the cost of acquiring new or
extending existing legally required technology protection
measures, such as internet firewalls, to prohibit student
access to certain social media platforms on any federally
supported service, device, or network. Should schools not
comply, they could also lose funding currently supported
through FCC's programs.
privacy
S. 278 is expected to strengthen the privacy of children
online. It does so by: (1) prohibiting social media companies
from permitting children under 13 years of age from creating or
maintaining a social media account and (2) prohibiting the use
of a child or teen's personal data in a personalized
recommendation system to display content to such child or teen.
paperwork
Title I of S. 278 is not expected to generate any
additional paperwork. Title II of S. 278 would have minimal
impact on paperwork for elementary or secondary schools.
Paperwork would be limited to providing, as a condition of
receiving funding under section 254(h) of the Communications
Act,\17\ the necessary certifications and screen use policies
for parents to the FCC to demonstrate compliance with the
requirements of title II.
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\17\Ibid.
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Congressionally Directed Spending
In compliance with paragraph 4(b) of rule XLIV of the
Standing Rules of the Senate, the Committee provides that no
provisions contained in the bill, as reported, meet the
definition of congressionally directed spending items under the
rule.
Section-by-Section Analysis
Section 1. Short title; table of contents.
This section would provide that the bill may be cited as
the ``Kids Off Social Media Act'', and it would include a table
of contents.
TITLE I--KIDS OFF SOCIAL MEDIA ACT
Section 101. Short title.
This section would provide that title I may be cited as the
``Kids Off Social Media Act''.
Section 102. Definitions.
This section would define the term ``personalized
recommendation system'' to mean 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; the
term ``child'' to mean an individual under the age of 13; the
term ``Commission'' to mean the Federal Trade Commission; the
terms ``know'' and ``knows'' to mean to have actual knowledge
or knowledge fairly implied on the basis of objective
circumstances; the term ``personal data'' to mean the term
``personal information'' as defined in section 1302 of the
Children's Online Privacy Protection Act; the term ``social
media platform'' to mean a public-facing website, online
service, online application, or mobile application that (1) is
directed to consumers, (2) collects personal data, (3)
primarily derives revenue from the advertising or the sale of
personal data, and (4) 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. This section also
contains a number of express limitations to the scope of the
term ``social media platform''. This section would further
define the term ``teen'' to mean an individual over the age of
12 and under the age of 17 and the term ``user'' to mean, with
respect to a social media platform, an individual who registers
an account or creates a profile on the social media platform.
Section 103. No children under 13.
This section would prohibit a social media platform from
permitting an individual to create or maintain an account or
profile on such social media platform if it knows that the
individual is a child. This section would further require a
social media platform to terminate any existing account or
profile of a user who the social media platform knows is a
child.
For any accounts or profiles of a child deleted in
accordance with this section, a social media platform would be
required to delete all personal data collected from the user or
submitted by the user to the platform. Such deletion would need
to take place after the platform provides the user of such
existing account or profile with the opportunity to request and
receive a copy of the user's personal data within 90 days after
the platform terminates such account or profile.
Section 104. Prohibition on the use of personalized recommendation
systems on children or teens.
This section would prohibit a social media platform from
using a user or visitor's personal data in a personalized
recommendation system to display content if the platform knows
that the user is a child or teen. This section would provide
exceptions to allow for the use of the following categories of
personal data in a personalized recommendation system:
The type of device used by the child or teen.
The languages used by the child or teen to
communicate.
The city or town in which the child or teen is
located.
The fact that the individual is a child or teen.
The age of the child or teen.
This section would also include a rule of construction.
This section could not be construed to prevent a child or teen
from deliberately or independently requesting content so long
as such results are not based on the personal data of the child
or teen. Social media platforms would also not be prevented
from taking measures to stop unlawful or obscene material,
block or filter spam or protect the security of a platform, or
prevent criminal activity. This section could also not be
construed to prohibit a social media platform from displaying
content that a teen account holder has selected, followed, or
subscribed to, provided that such display is in chronological
format.
Section 105. Determination of whether an operator has knowledge fairly
implied on the basis of objective circumstances that an
individual is a child or teen.
This section would provide that for purposes of this title,
in making a determination of whether a social media platform
has knowledge fairly implied on the basis of objective
circumstances that a user is a child or teen, the FTC 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.
Such determination shall not be construed to require a
social media platform to implement an age gating or age
verification functionality or 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.
By adopting this determination, a social media platform
would no longer be able to rely only on self-reporting or self-
attestation of age submitted by a user, nor would a social
media company be able to ignore objective facts indicating that
a user is a child.
Further, this section would provide that if any social
media platform or party acting on the platform's behalf
voluntarily collects personal data to comply with this title,
the platform or party shall not use such data for any purpose
other than sole compliance with this title or retain any
personal data collected for longer than necessary to comply
with the obligations under this title or minimally necessary to
demonstrate compliance with this title.
Section 106. Enforcement.
This section would provide that the FTC shall enforce
violations of this title as violations of a rule defining an
unfair or deceptive act or practice prescribed under section
18(a)(1)(B) of the Federal Trade Commission Act.\18\
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\18\15 U.S.C. 57a.
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This section would further provide that the attorney
general of a State may, subject to the requirements in this
title, bring a civil action against a social media platform for
violations of this title committed against the residents of the
applicable State.
Section 107. Relationship to other laws.
This section would state that 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. It would also clarify that 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.
Section 108. Effective date.
This section would provide that this title shall take
effect 1 year after the date of enactment of this Act.
TITLE II--EYES ON THE BOARD ACT OF 2025
Section 201. Short title.
This section would provide that title II may be cited as
the ``Eyes on the Board Act of 2025''.
Section 202. Updating the children's internet protection act to include
social media platforms.
This section would expand the Children's Internet
Protection Act to require schools to certify that they are
enforcing a policy to prevent students from accessing, and have
in place measures to block or filter students' access to
certain social media platforms on federally supported services,
devices, and networks, as a condition of receiving services at
discount rates under section 254(h) of the Communications Act
of 1934.\19\
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\19\47 U.S.C. 254(h).
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It would further clarify that these requirements do not
prohibit district-sanctioned or school-sanctioned learning
management systems and school information systems used for
purposes of conveying content related to the education of
students; or teachers from using a social media platform for
educational instruction.
Finally, this section would clarify that the FCC may not
seek recovery of funding or delay the processing of a fund
application from a school due to a violation of this title if
the school, school board, local educational agency, or other
authority made a good faith effort to comply with the
requirements in this title and correct any known violations of
such requirements within a reasonable period of time.
Section 203. Internet safety policies.
This section would require elementary or secondary schools
that receive Federal funding under section 254(h) of the
Communications Act of 1934 to submit copies of their internet
safety policies to the FCC, to be made available in an easily
accessible, public database.
TITLE III--SEVERABILITY
Section 301. Severability.
This section would establish that if any provision of this
Act, or amendment made by this Act, is determined to be
unenforceable or invalid, the remaining provision of this Act
and the amendments made by this Act shall not be affected.
Changes in Existing Law
In compliance with paragraph 12 of rule XXVI of the
Standing Rules of the Senate, changes in existing law made by
the bill, as reported, are shown as follows (existing law
proposed to be omitted is enclosed in black brackets, new
material is printed in italic, existing law in which no change
is proposed is shown in roman):
COMMUNICATIONS ACT OF 1934
* * * * * * *
[47 U.S.C. 254]
SEC. 254. UNIVERSAL SERVICE.
(a) * * *
* * * * * * *
(h) Telecommunications Services for Certain Providers.--
(1) * * *
* * * * * * *
(5) Requirements for certain schools with computers
having internet access.--
(A) Internet safety.--
(i) In general.--Except as provided
in clause (ii), an elementary or
secondary school having computers with
Internet access may not receive
services at discount rates under
paragraph (1)(B) unless the school,
school board, local educational agency,
or other authority with responsibility
for administration of the school--
(I) submits to the Commission
the certifications described in
subparagraphs (B) and (C) and
copies of the Internet safety
policy to which each such
certification pertains;
(II) submits to the
[Commission a certification
that an Internet safety policy
has been adopted and
implemented for the school
under subsection (l); and]
Commission--
(aa) a certification
that an Internet safety
policy described in
subclause (I) have been
adopted and implemented
for the school; and
(bb) copies of the
Internet safety policy
described in item (aa);
and
* * * * * * *
(E) Timing of implementation.--
(i) In general.--Subject to clause
(ii) in the case of any school covered
by this paragraph as of the effective
date of this paragraph under section
[1721(h)] 1721(i) of the Children's
Internet Protection Act, the
certification under subparagraphs (B)
and (C) shall be made--
(I) * * *
(II) * * *
(ii) Process.--
(I) Schools with internet
safety policy and technology
protection measures in place.--
A school covered by clause (i)
that has in place an Internet
safety policy and technology
protection measures meeting the
requirements necessary for
certification under
subparagraphs (B) and (C) shall
certify its compliance with
subparagraphs (B) and (C)
during each annual program
application cycle under this
subsection, except that with
respect to the first program
funding year after the
effective date of this
paragraph under section
[1721(h)] 1721(i) of the
Children's Internet Protection
Act, the certifications shall
be made not later than 120 days
after the beginning of such
first program funding year.
(II) * * *
(III) * * *
(F) * * *
(6) Requirements for certain libraries with computers
having internet access.--
(A) * * *
* * * * * * *
(E) Timing of implementation.--
(i) In general.--Subject to clause
(ii) in the case of any library covered
by this paragraph as of the effective
date of this paragraph under section
[1721(h)] 1721(i) of the Children's
Internet Protection Act, the
certification under subparagraphs (B)
and (C) shall be made--
(I) * * *
(II) * * *
(ii) Process.--
(I) Libraries with internet
safety policy and technology
protection measures in place.--
A library covered by clause (i)
that has in place an Internet
safety policy and technology
protection measures meeting the
requirements necessary for
certification under
subparagraphs (B) and (C) shall
certify its compliance with
subparagraphs (B) and (C)
during each annual program
application cycle under this
subsection, except that with
respect to the first program
funding year after the
effective date of this
paragraph under section
[1721(h)] 1721(i) of the
Children's Internet Protection
Act, the certifications shall
be made not later than 120 days
after the beginning of such
first program funding year.
(II) * * *
(III) * * *
(F) * * *
(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).
* * * * * * *
(l) Internet Safety Policy Requirement for Schools and
Libraries.--
(1) * * *
(2) * * *
[(3) Availability for review.--Each Internet safety
policy adopted under this subsection shall be made
available to the Commission, upon request of the
Commission, by the school, school board, local
educational agency, library, or other authority
responsible for adopting such Internet safety policy
for purposes of the review of such Internet safety
policy by the Commission.]
(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.
(4) * * *
* * * * * * *
CONSOLIDATED APPROPRIATIONS ACT, 2001
[Public Law 106-554]
* * * * * * *
TITLE XVII--CHILDREN'S INTERNET PROTECTION
[Children's Internet Protection Act]
* * * * * * *
Subtitle B--Universal Service Discounts
SEC. 1721. REQUIREMENT FOR SCHOOLS AND LIBRARIES TO ENFORCE INTERNET
SAFETY POLICIES WITH TECHNOLOGY PROTECTION MEASURES
FOR COMPUTERS WITH INTERNET ACCESS AS CONDITION OF
UNIVERSAL SERVICE DISCOUNTS.
(a) * * *
* * * * * * *
(e) * * *
(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.
[(f)](g) Regulations.--
(1) Requirement.--The Federal Communications
Commission shall prescribe regulations for purposes of
administering the provisions of paragraphs (5) and (6)
of section 254(h) of the Communications Act of 1934, as
amended by this section.
(2) Deadline.--Notwithstanding any other provision of
law, the Commission shall prescribe regulations under
paragraph (1) so as to ensure that such regulations
take effect 120 days after the date of the enactment of
this Act.
[(g)](h) Availability of Certain Funds for Acquisition of
Technology Protection Measures.--
(1) In general.--Notwithstanding any other provision
of law, funds available under section 3134 or part A of
title VI of the Elementary and Secondary Education Act
of 1965, or under section 231 of the Library Services
and Technology Act, may be used for the purchase or
acquisition of technology protection measures that are
necessary to meet the requirements of this title and
the amendments made by this title. No other sources of
funds for the purchase or acquisition of such measures
are authorized by this title, or the amendments made by
this title.
(2) Technology protection measure defined.--In this
section, the term ``technology protection measure'' has
the meaning given that term in section 1703.
[(h)](i) Effective Date.--The amendments made by this section
shall take effect 120 days after the date of the enactment of
this Act.
* * * * * * *
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