Kids Off Social Media Act

Bill Number

S. 278

Origin Chamber

Senate

Congress

119th Congress, Session 1

Policy Area

Science, Technology, Communications

Status

Introduced

Latest Action

2025-06-30: Placed on Senate Legislative Calendar under General Orders. Calendar No. 108.

Last Updated

2026-04-21T17:47:05Z

AI-Generated Summary

Purpose of the Legislation

The "Kids Off Social Media Act" (S. 278) aims to protect children under 13 and teens under 17 from potential harms of social media by banning their access to platforms, restricting personalized content recommendations based on their data, and limiting social media use in schools. It seeks to reduce exposure to addictive algorithms and inappropriate content while updating existing internet safety laws for educational settings.

Key Provisions

• Title I: Kids Off Social Media Act
• Definitions: Defines key terms like "social media platform" (public websites or apps focused on user-generated content, revenue from ads or data sales, excluding e-commerce, email, gaming, or educational tools); "child" (under 13); "teen" (13-16); "personalized recommendation system" (automated tools suggesting content based on user data); and "personal data" (as per the Children's Online Privacy Protection Act, or COPPA, which covers info like names, locations, or online identifiers).
• Ban on Accounts for Children Under 13 (Sec. 103): Platforms must not allow account creation or maintenance if they know the user is under 13; existing accounts must be terminated, and personal data deleted immediately (with a 90-day window for users to request a copy in readable, portable format). Platforms can retain minimal records for compliance.
• Prohibition on Personalized Recommendations for Under 17 (Sec. 104): Platforms cannot use personal data in recommendation systems for children or teens, except limited data like device type, language, location (city/town), age, or child/teen status. Exceptions allow search results (not data-based), blocking illegal/obscene content, spam/security measures, or chronological display of followed/subscribed content.
• Knowledge Determination (Sec. 105): Platforms are deemed to "know" a user's age based on objective evidence (e.g., what a reasonable person would infer); no mandatory age verification or extra data collection required. Any voluntary age data collection must be used only for compliance and deleted when no longer needed.
• Enforcement (Sec. 106): Violations treated as unfair/deceptive practices under FTC Act; FTC enforces with civil penalties. State attorneys general can sue on behalf of residents (with notice to FTC, which can intervene); no private right of action.
• Relationship to Other Laws (Sec. 107): Preempts conflicting state laws but allows stronger state protections; does not affect COPPA, student privacy laws (e.g., FERPA), or FTC limits on regulated entities.
• Effective Date (Sec. 108): Takes effect 1 year after enactment.

• Title II: Eyes on the Board Act of 2025
• Updates to Children's Internet Protection Act (CIPA) (Sec. 202): Amends CIPA (part of the Communications Act) to require elementary/secondary schools receiving E-Rate broadband discounts to certify blocking student access to social media platforms via technology filters (e.g., software that blocks sites). Schools must monitor for compliance but not track individual browsing history beyond site identity.
• Timeline: Existing compliant schools certify annually; non-compliant schools get 2 years to implement (with waivers for procurement delays); after that, ineligible for discounts until fixed. Noncompliance leads to fund reimbursement, but good-faith efforts allow remedies without penalties.
• Excludes school libraries; allows teacher use for education or sanctioned learning systems. FCC must update rules within 120 days and enforce like other Communications Act violations.
• Internet Safety Policies (Sec. 203): Schools/libraries must submit copies of their internet safety policies with E-Rate applications; FCC creates a public database of these policies. Libraries provide policies upon FCC request.

• Title III: Severability (Sec. 301): If any part is invalid, the rest remains in effect.

Significant Changes to Existing Law

• Builds on COPPA (1998) by extending age-based restrictions to social media without requiring new data collection.
• Amends CIPA (2000) to explicitly include social media blocking in school E-Rate programs (previously focused on pornographic/harmful content), adding certification requirements, timelines for compliance, and a public policy database.
• Introduces state enforcement alongside FTC for social media rules, similar to consumer protection laws, but with preemption only for conflicts (allowing states to go further).
• No changes to free speech laws (e.g., Section 230), but carves out exceptions for safety measures.

Potential Impacts

• Government Agencies: FTC gains enforcement tools for social media age rules, potentially increasing workload/cases; FCC must revise rules and oversee school certifications, affecting E-Rate administration (which subsidizes ~$2-3 billion annually in school broadband). State AGs get new litigation authority.
• Citizens: Children under 13 lose social media access, reducing privacy risks but limiting online expression; teens under 17 get non-personalized feeds, potentially decreasing addictive content but altering user experience. Parents may need to monitor compliance; data deletion protects privacy but could complicate account recovery.
• Schools: Must invest in filtering tech (costs offset by E-Rate for compliant schools); non-compliance risks losing discounts, straining budgets in underfunded districts. Enhances student safety but may limit educational tools if over-blocked.
• International Relations: Minimal direct impact, as it applies to U.S.-based platforms and schools; could influence global standards if major platforms (e.g., Meta, TikTok) adapt worldwide.

Main Stakeholders Affected

• Social Media Platforms: Operators (e.g., Facebook, Instagram, TikTok) must verify/terminate young accounts, disable recommendations, and delete data, facing fines up to $50,000+ per violation under FTC rules.
• Children and Teens: Primary beneficiaries through reduced exposure; under-13s fully barred, 13-16s get limited features.
• Parents and Guardians: Gain protections for minors but may handle data requests or alternative supervision.
• Schools and Educators: Required to block access for E-Rate eligibility; teachers retain some flexibility for instruction.
• Regulators and States: FTC/FCC enforce; AGs pursue cases, potentially leading to multi-state actions.

Notable Legal, Constitutional, or Political Implications

• Legal: Relies on FTC's "unfair practices" authority (broad but challenged in courts); state suits as "parens patriae" (acting as parent for residents) could lead to varied enforcement. Aligns with COPPA/CIPA without mandating ID verification, avoiding biometric privacy issues.
• Constitutional: May raise First Amendment concerns over content restrictions (e.g., recommendations as speech), but exceptions for searches/follows and safety measures mitigate; no direct impact on Section 230 immunity for platforms.
• Political: Bipartisan support (introduced by Sens. Schatz, Cruz, et al.) reflects growing consensus on youth mental health/tech addiction; could spur similar state laws or platform self-regulation, but enforcement challenges (e.g., age detection without verification) may invite lawsuits or amendments.

This summary was generated by AI and may contain inaccuracies. Refer to the official source document for the authoritative text.

Sponsor

Sen. Schatz, Brian [D-HI]

Cosponsors (14)

Sen. Cruz, Ted [R-TX], Sen. Murphy, Christopher [D-CT], Sen. Britt, Katie Boyd [R-AL], Sen. Welch, Peter [D-VT], Sen. Budd, Ted [R-NC], Sen. King, Angus S., Jr. [I-ME], Sen. Curtis, John R. [R-UT], Sen. Warner, Mark R. [D-VA], Sen. Fetterman, John [D-PA], Sen. Slotkin, Elissa [D-MI], Sen. Alsobrooks, Angela D. [D-MD], Sen. Kelly, Mark [D-AZ], Sen. McCormick, David [R-PA], Sen. Graham, Lindsey [R-SC]

Recent Actions

• 2025-06-30: Placed on Senate Legislative Calendar under General Orders. Calendar No. 108.
• 2025-06-30: Committee on Commerce, Science, and Transportation. Reported by Senator Cruz without amendment. With written report No. 119-33.
• 2025-06-30: Committee on Commerce, Science, and Transportation. Reported by Senator Cruz without amendment. With written report No. 119-33.
• 2025-02-05: Committee on Commerce, Science, and Transportation. Ordered to be reported without amendment favorably.
• 2025-01-28: Read twice and referred to the Committee on Commerce, Science, and Transportation.
• 2025-01-28: Introduced in Senate

Bill Versions

• Kids Off Social Media Act — issued 2025-01-28 — PDF (35 pages)
• Kids Off Social Media Act — issued 2025-06-30 — PDF (36 pages)

Related Bills

• H.R. 7399 (119th Congress)