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Congressional Daily Record
This section is about changes proposed to a bill or resolution. It mentions members such as Brian Emanuel Schatz.
Issued
June 24, 2026
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Download official Senate Record PDFReturn to issue contextSA 6266. Mr. SCHATZ submitted an amendment intended to be proposed by him to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the end of division A, add the following new titles:
TITLE XVII—KIDS OFF SOCIAL MEDIA ACT
SEC. 1701. SHORT TITLE.
This title may be referred to as the “Kids Off Social
Media Act”.
SEC. 1702. DEFINITIONS.
In this title:
(1) Personalized recommendation system.—The term
“personalized recommendation system” means a fully or
partially automated system used to suggest, promote, or rank
content, including other users or posts, based on the
personal data of users.
(2) Child.—The term “child” means an individual under
the age of 13.
(3) Commission.—The term “Commission” means the Federal
Trade Commission.
(4) Know; knows.—The term “know” or “knows” means to
have actual knowledge or knowledge fairly implied on the
basis of objective circumstances.
(5) Personal data.—The term “personal data” has the same
meaning as the term “personal information” as defined in
section 1302 of the Children's Online Privacy Protection Act
(15 U.S.C. 6501) .
(6) Social media platform.—
(A) In general.—The term “social media platform” means a
public-facing website, online service, online application, or
mobile application that—
(i) is directed to consumers;
(ii) collects personal data;
(iii) primarily derives revenue from advertising or the
sale of personal data; and
(iv) as its primary function provides a community forum for
user-generated content, including messages, videos, and audio
files among users where such content is primarily intended
for viewing, resharing, or platform-enabled distributed
social endorsement or comment.
(B) Limitation.—The term “social media platform” does
not include a platform that, as its primary function for
consumers, provides or facilitates any of the following:
(i) The purchase and sale of commercial goods.
(ii) Teleconferencing or videoconferencing services that
allow reception and transmission of audio or video signals
for real-time communication, provided that the real-time
communication is initiated by using a unique link or
identifier to facilitate access.
(iii) Crowd-sourced reference guides such as encyclopedias
and dictionaries.
(iv) Cloud storage, file sharing, or file collaboration
services, including such services that allow collaborative
editing by invited users.
(v) The playing or creation of video games.
(vi) Content that consists primarily of news, sports,
sports coverage, entertainment, or other information or
content that is not user-generated but is preselected by the
platform and for which any chat, comment, or interactive
functionality is incidental, directly related to, or
dependent on the provision of the content provided by the
platform.
(vii) Business, product, or travel information including
user reviews or rankings of such businesses, products, or
other travel information.
(viii) Educational information, experiences, training, or
instruction provided to build knowledge, skills, or a craft,
district-sanctioned or school-sanctioned learning management
systems and school information systems for the purposes of
schools conveying content related to the education of
students, or services or services on behalf of or in support
of an elementary school or secondary school, as such terms
are defined in section 8101 of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 7801).
(ix) An email service.
(x) A wireless messaging service, including such a service
provided through short message service or multimedia
messaging protocols, that is not a component of, or linked
to, a social media platform and where the predominant or
exclusive function of the messaging service is direct
messaging consisting of the transmission of text, photos, or
videos that are sent by electronic means, where messages are
transmitted from the sender to the recipient and are not
posted publicly or within a social media platform.
(xi) A broadband internet access service (as such term is
defined for purposes of section 8.1(b) of title 47, Code of
Federal Regulations, or any successor regulation).
(xii) A virtual private network or similar service that
exists solely to route internet traffic between locations.
(7) Teen.—The term “teen” means an individual over the
age of 12 and under the age of 17.
(8) User.—The term “user” means, with respect to a
social media platform, an individual who registers an account
or creates a profile on the social media platform.
SEC. 1703. NO CHILDREN UNDER 13.
(a) No Accounts for Children Under 13.—A social media
platform shall not permit an individual to create or maintain
an account or profile if it knows that the individual is a
child.
(b) Termination of Existing Accounts Belonging to
Children.—A social media platform shall terminate any
existing account or profile of a user who the social media
platform knows is a child.
(c) Deletion of Children's Personal Data.—
(1) In general.—Subject to paragraph (2), upon termination
of an existing account or profile of a user pursuant to
subsection (b), a social media platform shall immediately
delete all personal data collected from the user or submitted
by the user to the social media platform.
(2) Children's access to personal data.—To the extent
technically feasible and not in violation of any licensing
agreement, a social media platform shall allow the user of an
existing account or profile that the social media platform
has terminated under subsection (b), from the date such
termination occurs to the date that is 90 days after such
date, to request, and shall provide to such user upon such
request, a copy of the personal data collected from the user
or submitted by the user to the social media platform both—
(A) in a manner that is readable and which a reasonable
person can understand; and
(B) in a portable, structured, and machine-readable format.
(d) Rule of Construction.—Nothing in subsection (c) shall
be construed to prohibit a social media platform from
retaining a record of the termination of an account or
profile and the minimum information necessary for the
purposes of ensuring compliance with this section.
SEC. 1704. PROHIBITION ON THE USE OF PERSONALIZED
RECOMMENDATION SYSTEMS ON CHILDREN OR TEENS.
(a) In General.—
(1) Prohibition on use of personalized recommendation
systems on children or teens.—Except as provided in
paragraph (2), a social media platform shall not use the
personal data of a user or visitor in a personalized
recommendation system to display content if the platform
knows that the user or visitor is a child or teen.
(2) Exception.—A social media platform may use a
personalized recommendation system to display content to a
child or teen if the system only uses the following personal
data of the child or teen:
(A) The type of device used by the child or teen.
(B) The languages used by the child or teen to communicate.
(C) The city or town in which the child or teen is located.
(D) The fact that the individual is a child or teen.
(E) The age of the child or teen.
(b) Rule of Construction.—The prohibition in subsection
(a) shall not be construed to—
(1) prevent a social media platform from providing search
results to a child or teen deliberately or independently
searching for (such as by typing a phrase into a search bar
or providing spoken input), or specifically requesting,
content, so long as such results are not based on the
personal data of the child or teen (except to the extent
permitted under subsection (a)(2));
(2) prevent a social media platform from taking reasonable
measures to—
(A) block, detect, or prevent the distribution of unlawful
or obscene material;
(B) block or filter spam, or protect the security of a
platform or service; or
(C) prevent criminal activity; or
(3) prohibit a social media platform from displaying user-
generated content that has been selected, followed, or
subscribed to by a teen account holder as long as the display
of the content is based on a chronological format.
SEC. 1705. DETERMINATION OF WHETHER AN OPERATOR HAS KNOWLEDGE
FAIRLY IMPLIED ON THE BASIS OF OBJECTIVE
CIRCUMSTANCES THAT AN INDIVIDUAL IS A CHILD OR
TEEN.
(a) Rules of Construction.—For purposes of enforcing this
title, in making a determination as to whether a social media
platform has knowledge fairly implied on the basis of
objective circumstances that a user is a child or teen, the
Commission or the attorney general of a State, as applicable,
shall rely on competent and reliable evidence, taking into
account the totality of circumstances, including whether a
reasonable and prudent person under the circumstances would
have known that the user is a child or teen.
(b) Protections for Privacy.—Nothing in this title,
including a determination described in subsection (a), shall
be construed to require a social media platform to—
(1) implement an age gating or age verification
functionality; or
(2) affirmatively collect any personal data with respect to
the age of users that the social media platform is not
already collecting in the normal course of business.
(c) Restriction on Use and Retention of Personal Data.—If
a social media platform or a third party acting on behalf of
a social media platform voluntarily collects personal data
for the purpose of complying with this title, the social
media platform or a third party shall not—
(1) use any personal data collected specifically for a
purpose other than for sole compliance with the obligations
under this title; or
(2) retain any personal data collected from a user for
longer than is necessary to comply with the obligations under
this title or than is minimally necessary to demonstrate
compliance with this title.
SEC. 1706. ENFORCEMENT.
(a) Enforcement by Commission.—
(1) Unfair or deceptive acts or practices.—A violation of
this title shall be treated as a violation of a rule defining
an unfair or deceptive act or practice prescribed under
section 18(a)(1)(B) of the Federal Trade Commission Act (15
U.S.C. 57a(a)(1)(B)).
(2) Powers of commission.—
(A) In general.—The Commission shall enforce this title in
the same manner, by the same means, and with the same
jurisdiction, powers, and duties as though all applicable
terms and provisions of the Federal Trade Commission Act (15
U.S.C. 41 et seq.) were incorporated into and made a part of
this title.
(B) Privileges and immunities.—Any person who violates
this title shall be subject to the penalties and entitled to
the privileges and immunities provided in the Federal Trade
Commission Act (15 U.S.C. 41 et seq.).
(3) Authority preserved.—Nothing in this title shall be
construed to limit the authority of the Commission under any
other provision of law.
(b) Enforcement by States.—
(1) Authorization.—Subject to paragraph (3), in any case
in which the attorney general of a State has reason to
believe that an interest of the residents of the State has
been or is threatened or adversely affected by the engagement
of a social media platform in a practice that violates this
title, the attorney general of the State may, as parens
patriae, bring a civil action against the social media
platform on behalf of the residents of the State in an
appropriate district court of the United States to—
(A) enjoin that practice;
(B) enforce compliance with this title;
(C) on behalf of residents of the States, obtain damages,
restitution, or other compensation, each of which shall be
distributed in accordance with State law; or
(D) obtain such other relief as the court may consider to
be appropriate.
(2) Rights of federal trade commission.—
(A) Notice to federal trade commission.—
(i) In general.—Subject to 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 the filing of the civil action.
(ii) Contents.—The notification required under clause (i)
with respect to a civil action shall include a copy of the
complaint to be filed to initiate the civil action.
(iii) Exception.—Clause (i) shall not apply with respect
to the filing of an action by an attorney general of a State
under paragraph (1) if the attorney general of the State
determines that it not feasible to provide the notice
required in that clause before filing the action.
(B) Intervention by federal trade commission.—Upon
receiving notice under subparagraph (A)(i), the Commission
shall have the right to intervene in the action that is the
subject of the notice.
(3) Effect of intervention.—If the Commission intervenes
in an action under paragraph (1), it shall have the right—
(A) to be heard with respect to any matter that arises in
that action; and
(B) to file a petition for appeal.
(4) Investigatory powers.—Nothing in this subsection may
be construed to prevent the attorney general of a State from
exercising the powers conferred on the attorney general by
the laws of the State to—
(A) conduct investigations;
(B) administer oaths or affirmations; or
(C) compel the attendance of witnesses or the production of
documentary or other evidence.
(5) Preemptive action by federal trade commission.—In any
case in which an action is instituted by or on behalf of the
Commission for a violation of this title, no State may,
during the pendency of that action, institute a separate
civil action under paragraph (1) against any defendant named
in the complaint in the action instituted by or on behalf of
the Commission for that violation.
(6) Venue; service of process.—
(A) Venue.—Any action brought under paragraph (1) may be
brought in—
(i) the district court of the United States that meets
applicable requirements relating to venue under section 1391
of title 28, United States Code; or
(ii) another court of competent jurisdiction.
(B) Service of process.—In an action brought under
paragraph (1), process may be served in any district in which
the defendant—
(i) is an inhabitant; or
(ii) may be found.
SEC. 1707. RELATIONSHIP TO OTHER LAWS.
The provisions of this title shall preempt any State law,
rule, or regulation only to the extent that such State law,
rule, or regulation conflicts with a provision of this title.
Nothing in this title shall be construed to prohibit a State
from enacting a law, rule, or regulation that provides
greater protection to children or teens than the protection
provided by the provisions of this title. Nothing in this
title shall be construed to—
(1) affect the application of—
(A) section 444 of the General Education Provisions Act (20
U.S.C. 1232g, commonly known as the “Family Educational
Rights and Privacy Act of 1974”) or other Federal or State
laws governing student privacy; or
(B) the Children's Online Privacy Protection Act of 1998
(15 U.S.C. 6501 et seq.) or any rule or regulation
promulgated under such Act; or
(2) authorize any action that would conflict with section
18(h) of the Federal Trade Commission Act (15 U.S.C. 57a(h)).
SEC. 1708. EFFECTIVE DATE.
This title shall take effect 1 year after the date of
enactment of this title.
SEC. 1709. SEVERABILITY.
If any provision of this title is determined to be
unenforceable or invalid, the remaining provisions of this
title shall not be affected.
TITLE XVIII—EYES ON THE BOARD ACT OF 2026
SEC. 1801. SHORT TITLE.
This title may be cited as the “Eyes on the Board Act of
2026”.
SEC. 1802. UPDATING THE CHILDREN'S INTERNET PROTECTION ACT TO
INCLUDE SOCIAL MEDIA PLATFORMS.
(a) In General.—Section 1721 of the Children's Internet
Protection Act (title XVII of Public Law 106-554) is
amended—
(1) by redesignating subsections (f) through (h) as
subsections (g) through (i), respectively; and
(2) by inserting after subsection (e) the following:
“(f) Limitation on Use of School Broadband Subsidies for
Access to Social Media Platforms.—
“(1) Definitions.—In this subsection:
“(A) Commission.—The term `Commission' means the Federal
Communications Commission.
“(B) Section 254(h).—The term `section 254(h)' means
section 254(h) of the Communications Act of 1934 (47 U.S.C.
254(h)).
“(C) Social media platform.—The term `social media
platform'—
“(i) means any website, online service, online
application, or mobile application that—
“(I) serves the public; and
“(II) primarily provides a forum for users to communicate
user-generated content, including messages, videos, images,
and audio files, to other online users; and
“(ii) does not include—
“(I) an internet service provider;
“(II) electronic mail;
“(III) an online service, application, or website—
“(aa) that consists primarily of content that is not user-
generated, but is preselected by the provider; and
“(bb) for which any chat, comment, or interactive
functionality is incidental to, directly related to, or
dependent on the provision of content described in item (aa);
“(IV) an online service, application, or website—
“(aa) that is non-commercial and primarily designed for
educational purposes; and
“(bb) the revenue of which is not primarily derived from
advertising or the sale of personal data;
“(V) a wireless messaging service, including such a
service provided through a short messaging service or
multimedia service protocols—
“(aa) that is not a component of, or linked to, a website,
online service, online application, or mobile application
described in clause (i); and
“(bb) the predominant or exclusive function of which is
direct messaging consisting of the transmission of text,
photos, or videos that—
“(AA) are sent by electronic means from the sender to a
recipient; and
“(BB) are not posted publicly or on a website, online
service, online application, or mobile application described
in clause (i);
“(VI) a teleconferencing or video conferencing service
that allows for the reception and transmission of audio or
video signals for real-time communication that is initiated
by using a unique link or identifier to facilitate access;
“(VII) a product or service that primarily functions as
business-to-business software or a cloud storage, file
sharing, or file collaboration service; or
“(VIII) an organization that is not organized to carry on
business for the profit of the organization or of the members
of the organization.
“(D) Technology protection measure.—The term `technology
protection measure' means a specific technology that blocks
or filters access to a social media platform.
“(2) Requirements with respect to social media
platforms.—
“(A) In general.—
“(i) Certification required.—An elementary or secondary
school that is subject to paragraph (5) of section 254(h) may
not receive services at discount rates under section 254(h)
unless the school, school board, local educational agency, or
other authority with responsibility for administration of the
school—
“(I) submits to the Commission the certification described
in subparagraph (B); and
“(II) ensures that the use of the school's supported
services, devices, and networks is in accordance with the
certification described in subclause (I).
“(ii) Rule of construction.—Nothing in clause (i) may be
construed to prohibit—
“(I) district-sanctioned or school-sanctioned learning
management systems and school information systems used for
purposes of schools conveying content related to the
education of students; or
“(II) a teacher from using a social media platform for
educational instruction.
“(B) Certification with respect to students and social
media.—
“(i) In general.—A certification under this subparagraph
is a certification that the applicable school, school board,
local educational agency, or other authority with
responsibility for administration of the school—
“(I) is enforcing a policy of preventing students of the
school from accessing social media platforms on any supported
service, device, or network that includes—
“(aa) monitoring the online activities of any such
service, device, or network to determine if those students
are accessing social media platforms; and
“(bb) the operation of a technology protection measure
with respect to those services, devices, and networks that
protects against
access by those students to a social media platform; and
“(II) is enforcing the operation of the technology
protection measure described in subclause (I) during any use
of supported services, devices, or networks by students of
the school.
“(ii) Rule of construction.—Nothing in this subparagraph
may be construed to require the applicable school, school
board, local educational agency, or other authority to track
an individual website, online application, or mobile
application that a student is attempting to access (or any
search terms used by, or the browsing history of a student)
beyond the identity of the website or application and whether
access to the website or application is blocked by a
technology protection measure because the website or
application is a social media platform.
“(C) Timing of implementation.—
“(i) In general.—In the case of a school to which this
paragraph applies, the certification under this paragraph
shall be made—
“(I) with respect to the first program funding year under
section 254(h) after the date of enactment of the Eyes on the
Board Act of 2026, 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 2026,
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 2026 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 2026 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 2026 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 2026, amend the rules of the
Commission to carry out this subsection; and
“(ii) subject to subparagraph (B), enforce this
subsection, and any rules issued under this subsection, as if
this subsection and those rules were part of the
Communications Act of 1934 (47 U.S.C. 151 et seq.) or the
rules issued under that Act.
“(B) Limitations.—
“(i) Noncompliance despite good faith efforts.—The
Commission may not seek recovery of funding provided under
section 254(h), or delay the processing of a funding
application, because of the violation by a school, school
board, local educational agency, or other authority with
responsibility for administration of the school of any
requirement of this subsection, or any rule issued under this
subsection, if the school, school board, local educational
agency, or other authority with responsibility for
administration of the school made a good faith effort to
comply with that requirement and correct any known violations
of that requirement within a reasonable period of time.
“(ii) Noncompliance without good faith efforts.—With
respect to any violation of a requirement of this subsection,
or any rule issued under this subsection, in which a school,
school board, local educational agency, or other authority
with responsibility for administration of the school does not
make a good faith effort to comply with that requirement, or
does not correct any known violation of that requirement
within a reasonable period of time, the Commission shall seek
recovery of the funding provided to the school under section
254(h) for such period consistent with the remedy established
under paragraph (2)(D)(iii).
“(4) Exemption for certain libraries.—Nothing in this
subsection may be construed to require a library (as defined
in section 213 of the Museum and Library Services Act (20
U.S.C. 9122)), except a library of an elementary or secondary
school, to comply with the requirements of this subsection or
any rule issued under this subsection.”.
(b) Technical and Conforming Amendments.—Section 254(h) of
the Communications Act of 1934 (47 U.S.C. 254(h)) is
amended—
(1) in paragraph (5)(E)—
(A) in clause (i), in the matter preceding subclause (I),
by striking “1721(h)” and inserting “1721(i)”; and
(B) in clause (ii)(I), by striking “1721(h)” and
inserting “1721(i)”; and
(2) in paragraph (6)(E)—
(A) in clause (i), in the matter preceding subclause (I),
by striking “1721(h)” and inserting “1721(i)”; and
(B) in clause (ii)(I), by striking “1721(h)” and
inserting “1721(i)”.
SEC. 1803. INTERNET SAFETY POLICIES.
Section 254 of the Communications Act of 1934 (47 U.S.C.
254) is amended—
(1) in subsection (h)(5)—
(A) in subparagraph (A)(i)—
(i) in subclause (I), by inserting “and copies of the
Internet safety policy to which each such certification
pertains” before the semicolon at the end; and
(ii) in subclause (II)—
(I) by striking “Commission” and all that follows through
the end of the subclause and inserting the following:
“Commission—
“(aa) a certification that an Internet safety policy
described in subclause (I) have been adopted and implemented
for the school; and”; and
(II) by adding at the end the following:
“(bb) copies of the Internet safety policy described in
item (aa); and”; and
(B) by adding at the end the following:
“(G) Database of internet safety policies.—The Commission
shall establish an easily accessible, public database that
contains each Internet safety policy submitted to the
Commission under subclauses (I) and (II) of subparagraph
(A)(i).”; and
(2) in subsection (l), by striking paragraph (3) and
inserting the following:
“(3) Availability for review.—A copy of each Internet
safety policy adopted by a library under this subsection
shall be made available to the Commission, upon request of
the Commission, by the library for purposes of the review of
the Internet safety policy by the Commission.”.
SEC. 1804. SEVERABILITY.
If any provision of this title is determined to be
unenforceable or invalid, the remaining provisions of this
title shall not be affected.