H.R. 7399 — Kids Off Social Media Act

This section establishes definitions for terms used in this title, including "(1) 'personalized recommendation system' as a fully or partially automated system used to suggest, promote, or rank content based on users' personal data; (2) 'child' as an individual under the age of 13; (3) 'Commission' as the Federal Trade Commission; (4) 'know or knows' as having actual knowledge or knowledge fairly implied on the basis of objective circumstances; (5) 'personal data' as having the same meaning as 'personal information' under the Children's Online Privacy Protection Act of 1998 (15 U.S.C. 6501); (6) 'social media platform' as a consumer-directed website, online service, or application that collects personal data, primarily derives revenue from advertising or data sales, and mainly functions as a forum for user-generated content, excluding platforms primarily for e-commerce, videoconferencing, encyclopedias, cloud storage, gaming, news, reviews, education, email, messaging, broadband access, or VPNs; (7) 'teen' as an individual over the age of 12 and under the age of 17; and (8) 'user' as an individual who registers an account or creates a profile on a social media platform."

This section prohibits social media platforms from permitting a child under 13 years old to create or maintain an account or profile if the platform knows the individual is a child and requires termination of any existing such accounts. Upon termination, it further requires platforms to immediately delete all personal data collected from or submitted by the child (subject to a 90-day period during which the child may request a readable, portable copy) while permitting retention of minimal records necessary for compliance.

This section prohibits social media platforms from using the personal data of known children or teens in personalized recommendation systems to display content, except for the following limited data: (1) device type; (2) languages used; (3) city or town location; (4) the fact of being a child or teen; or (5) age. It clarifies that the prohibition does not prevent platforms from (1) providing search results based on deliberate user searches (using only permitted data); (2) taking reasonable measures to block or detect unlawful or obscene material, spam, security threats, or criminal activity; or (3) displaying user-generated content selected, followed, or subscribed to by a teen account holder in chronological format.

This section establishes standards for the Commission or a state attorney general to determine, when enforcing this title, whether a social media platform has knowledge fairly implied on objective circumstances that a user is a child or teen, based on competent and reliable evidence under the totality of circumstances—including whether a reasonable and prudent person would have known the user's status. It provides that nothing in this title requires a platform to (1) implement age gating or verification functionality or (2) collect user age data not already collected in the normal course of business. It further prohibits a platform or third party that voluntarily collects personal data for compliance from (1) using such data for any purpose other than compliance with this title or (2) retaining it longer than necessary for compliance or to demonstrate compliance.

This section establishes Federal Trade Commission (FTC) enforcement authority for violations of the title by treating them as violations of an FTC rule defining unfair or deceptive acts or practices under section 18(a)(1)(B) of the FTC Act (15 U.S.C. 57a(a)(1)(B)), incorporating all applicable terms, powers, penalties, privileges, and immunities of the FTC Act, and preserving the FTC's other statutory authorities. This section further authorizes state attorneys general to bring parens patriae civil actions in federal district court on behalf of state residents to enjoin violations, obtain compliance, damages, restitution, or other relief; requires 30 days' written notice to the FTC (with a copy of the complaint) before filing, unless infeasible; grants the FTC intervention rights and appeal authority; preserves state investigatory powers; preempts state actions during pendency of an FTC enforcement action against the same defendant for the same violation; and specifies venue under 28 U.S.C. §1391 or in another competent court, with nationwide service of process.

This section limits preemption under this title to state laws, rules, or regulations that conflict with its provisions and permits states to enact laws, rules, or regulations providing greater protection to children or teens. The section further specifies that the title does not affect the Family Educational Rights and Privacy Act (FERPA; 20 U.S.C. 1232g), the Children’s Online Privacy Protection Act of 1998 (COPPA; 15 U.S.C. 6501 et seq.), or authorize actions conflicting with section 18(h) of the Federal Trade Commission Act (15 U.S.C. 57a(h)).

This section amends Section 1721 of the Children’s Internet Protection Act (CIPA) by inserting a new subsection (f), redesignating existing subsections (f) through (h) as (g) through (i). The new subsection requires elementary and secondary schools subject to CIPA’s internet safety requirements under section 254(h)(5) of the Communications Act (i.e., schools receiving E-rate discounts for broadband and other services) to certify to the Federal Communications Commission that they enforce a policy preventing student access to social media platforms on school-supported services, devices, and networks through monitoring online activities and operating technology protection measures that block such platforms during student use. (As background, CIPA currently requires such schools to block or filter obscene content, child pornography, and visual depictions harmful to minors.) It defines “social media platform” as a public website, online service, application, or mobile app primarily providing forums for user-generated content (e.g., messages, videos, images, audio), excluding internet service providers, email, curated news/comment sites, non-commercial educational services, private wireless messaging, video conferencing, B2B software/cloud storage, and nonprofits; allows teacher use for instruction and school-sanctioned learning management systems; and prohibits tracking beyond identifying and blocking social media platforms. Certifications are required within 120 days of the first E-rate funding year after enactment of the Eyes on the Board Act of 2025, and annually thereafter as part of the funding application process. (Thus, noncompliant schools risk losing E-rate discounts, which cover up to 90% of eligible costs for low-income districts.)

This section amends internet safety policy requirements for schools and libraries receiving universal service discounts (i.e., E-rate program). Specifically, it (1) requires schools to submit copies of their adopted and implemented internet safety policies to the FCC along with certifications of compliance, and directs the FCC to establish an easily accessible public database containing those policies; and (2) requires libraries to make copies of their adopted internet safety policies available to the FCC upon request for Commission review.