H.R. 2657

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2657 Introduced in House (IH)]

<DOC>

119th CONGRESS
1st Session
H. R. 2657

To require large social media platform providers to create, maintain, 
and make available to third-party safety software providers a set of 
real-time application programming interfaces, through which a child or 
a parent or legal guardian of a child may delegate permission to a 
third-party safety software provider to manage the online interactions, 
content, and account settings of such child on the large social media 
platform on the same terms as such child, and for other purposes.

_______________________________________________________________________

IN THE HOUSE OF REPRESENTATIVES

April 3, 2025

Ms. Wasserman Schultz (for herself, Mr. Carter of Georgia, Ms. Schrier, 
Mrs. Miller-Meeks, Mr. Suozzi, and Mr. Fitzpatrick) introduced the 
following bill; which was referred to the Committee on Energy and 
Commerce

_______________________________________________________________________

A BILL

To require large social media platform providers to create, maintain, 
and make available to third-party safety software providers a set of 
real-time application programming interfaces, through which a child or 
a parent or legal guardian of a child may delegate permission to a 
third-party safety software provider to manage the online interactions, 
content, and account settings of such child on the large social media 
platform on the same terms as such child, and for other purposes.

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

SECTION 1. SHORT TITLE.

This Act may be cited as the ``Sammy's Law''.

SEC. 2. SENSE OF CONGRESS.

It is the sense of Congress that--
(1) parents and legal guardians should be empowered to use 
the services of third-party safety software providers to 
protect the children of such parents and legal guardians from 
certain harms on large social media platforms; and
(2) dangers like cyberbullying, human trafficking, illegal 
drug distribution, sexual harassment, and violence perpetrated, 
facilitated, or exacerbated through the use of certain large 
social media platforms have harmed children on such platforms.

SEC. 3. DEFINITIONS.

In this Act:
(1) Child.--The term ``child'' means any individual under 
the age of 17 years who has registered an account with a large 
social media platform.
(2) Commerce.--The term ``commerce'' has the meaning given 
such term in section 4 of the Federal Trade Commission Act (15 
U.S.C. 44).
(3) Commission.--The term ``Commission'' means the Federal 
Trade Commission.
(4) Large social media platform.--The term ``large social 
media platform''--
(A) means a service--
(i) provided through an internet website or 
a mobile application (or both);
(ii) the terms of service of which do not 
prohibit the use of the service by a child;
(iii) with any feature or features that 
enable a child to share images, text, or video 
through the internet with other users of the 
service whom such child has met, identified, or 
become aware of solely through the use of the 
service; and
(iv) that has more than 100,000,000 monthly 
global active users or generates more than 
$1,000,000,000 in gross revenue per year, 
adjusted yearly for inflation; and
(B) does not include--
(i) a service that primarily serves--
(I) to facilitate--
(aa) the sale or provision 
of professional services; or
(bb) the sale of commercial 
products; or
(II) to provide news or 
information, where the service does not 
offer the ability for content to be 
sent by a user directly to a child; or
(ii) a service that--
(I) has a feature that enables a 
user who communicates directly with a 
child through a message (including a 
text, audio, or video message) not 
otherwise available to other users of 
the service to add other users to that 
message that such child may not have 
otherwise met, identified, or become 
aware of solely through the use of the 
service; and
(II) does not have any feature or 
features described in subparagraph 
(A)(iii).
(5) Large social media platform provider.--The term ``large 
social media platform provider'' means any person who, for 
commercial purposes in or affecting commerce, provides, 
manages, operates, or controls a large social media platform.
(6) State.--The term ``State'' means each State of the 
United States, the District of Columbia, each commonwealth, 
territory, or possession of the United States, and each 
federally recognized Indian Tribe.
(7) Third-party safety software provider.--The term 
``third-party safety software provider'' means any person who, 
for commercial purposes in or affecting commerce, is authorized 
by a child (if the child is 13 years of age or older) or a 
parent or legal guardian of a child to interact with a large 
social media platform to manage the online interactions, 
content, or account settings of such child for the sole purpose 
of protecting such child from harm, including physical or 
emotional harm.
(8) User data.--The term ``user data'' means any 
information needed to have a profile on a large social media 
platform or content on a large social media platform, including 
images, video, audio, or text, that is created by or sent to a 
child on or through the account of such child with such 
platform, but only--
(A) if the information or content is created by or 
sent to such child while a delegation under section 
4(a) is in effect with respect to the account; and
(B) during a 30-day period beginning on the date on 
which the information or content is created by or sent 
to such child.

SEC. 4. PROVIDING ACCESS TO THIRD-PARTY SAFETY SOFTWARE.

(a) Duty of Large Social Media Platform Providers.--
(1) In general.--Not later than 30 days after the effective 
date of this Act (in the case of a service that is a large 
social media platform on such effective date) or not later than 
30 days after a service becomes a large social media platform 
(in the case of a service that becomes a large social media 
platform after such effective date), the large social media 
platform provider shall create, maintain, and make available to 
any third-party safety software provider registered with the 
Commission under subsection (b)(1) a set of third-party-
accessible real-time application programming interfaces, 
including any information necessary to use such interfaces, by 
which a child (if the child is 13 years of age or older) or a 
parent or legal guardian of a child may delegate permission to 
the third-party safety software provider to--
(A) manage the online interactions, content, and 
account settings of such child on the large social 
media platform on the same terms as such child; and
(B) initiate secure transfers of user data from the 
large social media platform in a commonly-used and 
machine-readable format to the third-party safety 
software provider, where the frequency of such 
transfers may not be limited by the large social media 
platform provider to less than once per hour.
(2) Revocation.--Once a child or a parent or legal guardian 
of a child makes a delegation under paragraph (1), the large 
social media platform provider shall make the application 
programming interfaces and information described in such 
paragraph available to the third-party safety software provider 
on an ongoing basis until--
(A) the child (if the child made the delegation) or 
the parent or legal guardian of such child revokes the 
delegation;
(B) the child or a parent or legal guardian of such 
child revokes or disables the registration of the 
account of such child with the large social media 
platform;
(C) the third-party safety software provider 
rejects the delegation; or
(D) one or more of the affirmations made by the 
third-party safety software provider under subsection 
(b)(1)(A) is no longer true.
(3) Secure transfer of user data.--A large social media 
platform provider shall establish and implement reasonable 
policies, practices, and procedures regarding the secure 
transfer of user data pursuant to a delegation under paragraph 
(1) from the large social media platform to a third-party 
safety software provider in order to mitigate any risks related 
to user data.
(4) Disclosure.--In the case of a delegation made by a 
child or a parent or legal guardian of a child under paragraph 
(1) with respect to the account of such child with a large 
social media platform, the large social media platform provider 
shall--
(A) disclose to such child and (if the parent or 
legal guardian made the delegation) the parent or legal 
guardian the fact that the delegation has been made;
(B) provide to such child and (if such parent or 
legal guardian made the delegation) such parent or 
legal guardian a summary of the user data that is 
transferred to the third-party safety software 
provider; and
(C) update the summary provided under subparagraph 
(B) as necessary to reflect any change to the user data 
that is transferred to the third-party safety software 
provider.
(5) Limitation.--Any management by a third-party safety 
software provider of online interactions, content, and account 
settings of a child under this subsection shall be limited to 
such management that protects such child from harm, including 
the optimization of the privacy settings of the account, stated 
user age, and marketing settings of the child.
(b) Third-Party Safety Software Providers.--
(1) Registration with commission.--A third-party safety 
software provider shall register with the Commission as a 
condition of accessing an application programming interface and 
any information under subsection (a). As a condition of such 
registration, the third-party safety software provider shall--
(A) satisfactorily demonstrate to the Commission 
that the third-party safety software provider--
(i) is a company based in the United 
States;
(ii) is not a subsidiary of any foreign-
owned company or otherwise controlled by a 
foreign person or persons;
(iii) will solely use any user data 
obtained under subsection (a) for the purpose 
of protecting a child from harm in accordance 
with any applicable terms of service and the 
provisions of this Act;
(iv) will only disclose user data obtained 
under subsection (a) as permitted by subsection 
(f);
(v) will process and maintain all user data 
obtained under subsection (a) and copies of any 
communications generated in relation thereto 
exclusively on hardware and devices located 
within the territorial boundaries of the United 
States;
(vi)(I) will delete any user data obtained 
under this section as soon as possible but not 
later than 14 days after receiving such data 
from the large social media platform, not 
including any data the third-party safety 
software provider discloses under subsection 
(f);
(II) for any data disclosed under 
subsection (f)(1)(C), will maintain such data 
until the child or a parent or legal guardian 
of the child who made a delegation under 
subsection (a) and whose data is at issue 
requests that the third-party safety software 
provider delete such data; and
(III) in the event that the child or a 
parent or legal guardian of the child who made 
a delegation under subsection (a) cancels their 
account with the third-party safety software 
provider, will delete all applicable user data 
no later than 30 days after the request for 
account cancellation has been made; and
(vii) will disclose, in an easy-to-
understand, human-readable format, to each 
child with respect to whose account with a 
large social media platform the service of the 
third-party safety software provider is 
operating and (if a parent or legal guardian of 
the child made the delegation under subsection 
(a) with respect to the account) to the parent 
or legal guardian, sufficient information 
detailing the operation of the service and what 
information the third-party safety software 
provider is collecting to enable such child and 
(if applicable) such parent or legal guardian 
to make informed decisions regarding the use of 
the service; and
(B) as part of the registration process, undergo a 
security review in such form as the Commission may 
proscribe but which may include requiring that a 
qualified independent auditing firm conduct such a 
review to independently verify and confirm via a 
written report (which shall be exempt from disclosure 
under section 552(b)(3) of title 5, United States Code) 
that the third-party safety software provider--
(i) is in compliance, or has the ability to 
comply, with the requirements of subparagraph 
(A);
(ii) is able to provide services in 
accordance with any applicable terms of service 
and any relevant disclosures made to any 
consumer, including whether such terms and 
disclosures are clear and conspicuous and are 
written in plain and easy-to-understand 
English;
(iii) has taken appropriate steps to assess 
potential risks and to protect the 
confidentiality, integrity, and security of any 
user data, including a determination of the 
adequacy of business and technology-related 
controls, policies, procedures, and other 
safeguards employed by the third-party safety 
software provider based on guidance issued by 
the Commission and other industry standards and 
best practices; and
(iv) assesses compliance with applicable 
Federal law, including the requirements of this 
Act.
(2) Annual audit.--
(A) Audit process; audit report.--For each year or 
partial year during which a third-party safety software 
provider is registered with the Commission under 
paragraph (1), the third-party safety software provider 
shall retain the services of a qualified independent 
auditing firm to complete an annual audit and write an 
audit report (which shall be exempt from disclosure 
under section 552(b)(3) of title 5, United States 
Code), and such audit report shall--
(i) include a review and assessment of the 
third-party safety software provider's initial 
security review and any subsequent written 
reports, including whether the third-party 
safety software provider has remained in 
compliance with the requirements described in 
paragraph (1)(B); and
(ii) identify whether the third-party 
safety software provider has made any material 
changes in how the third-party safety software 
provider provides services, and in the event of 
any such material changes, provide an 
explanation as to how such changes have 
impacted users.
(B) Submission to commission.--Not later than 30 
days after the date on which an audit report is written 
under subparagraph (A), a third-party safety software 
provider shall submit to the Commission--
(i) a full copy of such audit report; and
(ii) a summary of such audit report that 
may contain redactions to protect the 
proprietary information and trade secrets of 
the third-party safety software provider.
(C) Audit review by commission.--The Commission 
shall--
(i) review each audit report submitted by a 
third-party safety software provider under 
subparagraph (B)(i) to verify compliance;
(ii) make a copy of the summary of such 
audit report submitted by a third-party safety 
software provider under subparagraph (B)(ii) 
available to the public; and
(iii) in the event an audit required under 
subparagraph (A) detects an unusual finding, 
direct a third-party safety software provider 
to promptly investigate and resolve the matter.
(3) Additional authority of commission.--In addition to the 
jurisdiction, powers, and duties of the Commission otherwise 
provided under this Act and any other provision of law, the 
Commission may take an adverse action against a third-party 
safety software provider, including by--
(A) denying an initial registration for the third-
party safety software provider under paragraph (1);
(B) permanently de-registering the third-party 
safety software provider; and
(C) suspending the registration of the third-party 
safety software provider due to an audit finding of a 
material risk to the security of the data or safety of 
the public, including for--
(i) willful misconduct or gross negligence 
by the third-party safety software provider;
(ii) a material misrepresentation made by a 
third-party safety software provider to the 
Commission or to any consumer;
(iii) failure by the third-party safety 
software provider to comply with any 
requirements of this Act or failure to operate 
in accordance with the affirmations, 
assertions, representations, or terms of any 
security review, audit, terms of services, or 
consumer disclosures;
(iv) failure by the third-party safety 
software provider to respond to an unusual 
finding in an annual audit completed under 
paragraph (2)(A); and
(v) failure by the third-party safety 
software provider to adhere to or implement 
guidance issued by the Commission.
(4) Rights of third-party safety software providers.--
(A) In general.--In the event the Commission takes 
an adverse action against a third-party safety software 
provider under paragraph (3), the Commission shall give 
the third-party safety software provider--
(i) the opportunity to appeal the findings 
of the auditor or such action of the 
Commission; and
(ii) the opportunity to remediate any 
deficiencies, except in the case of a finding 
of--
(I) willful misconduct;
(II) gross negligence; or
(III) a demonstrated history of 
multiple failures in relation to the 
types of material risk described in 
paragraph (3)(C)(ii) through (3)(C)(v).
(B) Exception.--The rights described in 
subparagraph (A) shall not prevent the Commission from 
suspending the registration of a third-party safety 
software provider to protect the public from ongoing 
material risk for the period during which the third-
party safety software provider is in the process of 
exercising the rights described in paragraph (4).
(c) Authentication.--Not later than 180 days after the date of the 
enactment of this Act, the Commission shall issue guidance to 
facilitate the ability of a third-party safety software provider to 
obtain user data or access under subsection (a) in a manner that 
ensures that a request for user data or access on behalf of a child is 
a verifiable request.
(d) Guidance and Consumer Education.--The Commission shall--
(1) not later than 180 days after the date of the enactment 
of this Act, issue guidance for large social media platform 
providers and third-party safety software providers regarding 
the maintenance of reasonable safety standards to protect user 
data; and
(2) educate consumers regarding the rights of consumers 
under this Act.
(e) Indemnification.--In any civil action in Federal or State court 
(other than an action brought by the Commission), a large social media 
platform provider may not be held liable for damages arising out of the 
transfer of user data to a third-party safety software provider under 
subsection (a), if the large social media platform provider has in good 
faith complied with the requirements of this Act and the guidance 
issued by the Commission under this Act.
(f) User Data Disclosure.--
(1) Permitted disclosures.--A third-party safety software 
provider may not disclose any user data obtained under 
subsection (a) to any other person except--
(A) pursuant to a lawful request from a government 
body, including for law enforcement purposes or for 
judicial or administrative proceedings by means of a 
court order or a court-ordered warrant, a subpoena or 
summons issued by a judicial officer, or a grand jury 
subpoena;
(B) to the extent that such disclosure is required 
by law and such disclosure complies with and is limited 
to the relevant requirements of such law;
(C) to the child or a parent or legal guardian of 
the child who made a delegation under such subsection 
and whose data is at issue, with such third-party 
safety software provider making a good faith effort to 
ensure that such disclosure includes only the user data 
necessary for a reasonable parent or caregiver to 
understand that such child is experiencing (or is at 
foreseeable risk to experience) the following harms--
(i) suicide;
(ii) anxiety;
(iii) depression;
(iv) eating disorders;
(v) violence, including being the victim of 
or planning to commit or facilitate assault;
(vi) substance abuse;
(vii) fraud;
(viii) severe forms of trafficking in 
persons (as defined in section 103 of the 
Trafficking Victims Protection Act of 2000 (22 
U.S.C. 7102));
(ix) sexual abuse;
(x) physical injury;
(xi) harassment;
(xii) sexually explicit conduct or child 
pornography (as defined in section 2256 of 
title 18, United States Code);
(xiii) terrorism (as defined in section 
140(d) of the Foreign Relations Authorization 
Act, Fiscal Years 1988 and 1989 (22 U.S.C. 
2656f(d))), including communications with or in 
support of a foreign terrorist organization (as 
designated by the Secretary of State under 
section 219(a) of the Immigration and 
Nationality Act (8 U.S.C. 1189(a)));
(xiv) academic dishonesty, including 
cheating, plagiarism, and other forms of 
academic dishonesty that are intended to gain 
an unfair academic advantage; and
(xv) sharing personal information, limited 
to--
(I) home address;
(II) phone number;
(III) social security number; and
(IV) personal banking information;
(D) in the case of a reasonably foreseeable serious 
and imminent threat to the health or safety of any 
individual, if the disclosure is made to a person or 
persons reasonably able to prevent or lessen the 
threat; or
(E) to a public health authority or other 
appropriate government authority authorized by law to 
receive reports of child abuse or neglect.
(2) Disclosure reporting.--A third-party safety software 
provider that makes a disclosure permitted by paragraph (1)(A), 
(1)(B), (1)(D), or (1)(E) shall promptly inform the child with 
respect to whose account with a large social media platform the 
delegation was made under subsection (a) and (if a parent or 
legal guardian of the child made the delegation) the parent or 
legal guardian that such a disclosure has been or will be made, 
except if--
(A) the third-party safety software provider, in 
the exercise of professional judgment, believes 
informing such child or parent or legal guardian would 
place such child at risk of serious harm; or
(B) the third-party safety software provider is 
prohibited by law (including a valid order by a court 
or administrative body) from informing such child or 
parent or legal guardian.

SEC. 5. IMPLEMENTATION AND ENFORCEMENT.

(a) Enforcement.--
(1) Unfair or deceptive acts or practices.--A violation of 
this Act 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 
Act in the same manner, by the same means, and with the 
same jurisdiction, powers, and duties as though all 
applicable terms and provisions of the Federal Trade 
Commission Act (15 U.S.C. 41 et seq.) were incorporated 
into and made a part of this Act.
(B) Privileges and immunities.--Any person who 
violates this Act shall be subject to the penalties and 
entitled to the privileges and immunities provided in 
the Federal Trade Commission Act (15 U.S.C. 41 et 
seq.).
(3) Preservation of authority.--Nothing in this Act may be 
construed to limit the authority of the Commission under any 
other provision of law.
(b) FTC Guidance.--Not later than 180 days after the date of the 
enactment of this Act, the Commission shall issue guidance to assist 
large social media platform providers and third-party safety software 
providers in complying with this Act.
(c) Compliance Assessment.--The Commission, on a biannual basis, 
shall assess compliance by large social media platform providers and 
third-party safety software providers with the provisions of this Act.
(d) Complaints.--The Commission shall establish procedures under 
which a child, or the parent or legal guardian of such child, a large 
social media platform provider, or a third-party safety software 
provider may file a complaint alleging that a large social media 
platform provider or a third-party safety software provider has 
violated this Act.

SEC. 6. ONE NATIONAL STANDARD.

(a) In General.--No State or political subdivision of a State may 
maintain, enforce, prescribe, or continue in effect any law, rule, 
regulation, requirement, standard, or other provision having the force 
and effect of law of the State, or political subdivision of a State, 
related to requiring large social media platform providers to create, 
maintain, and make available to third-party safety software providers a 
set of real-time application programming interfaces, through which a 
child or a parent or legal guardian of a child may delegate permission 
to a third-party safety software provider to manage the online 
interactions, content, and account settings of such child on a large 
social media platform on the same terms as such child.
(b) Rule of Construction.--This section may not be construed to--
(1) limit the enforcement of any consumer protection law of 
a State or political subdivision of a State;
(2) preempt the applicability of State trespass, contract, 
or tort law; or
(3) preempt the applicability of any State law to the 
extent that the law relates to acts of fraud, unauthorized 
access to personal information, or notification of unauthorized 
access to personal information.

SEC. 7. EFFECTIVE DATE.

This Act shall take effect on the date on which the Commission 
issues guidance under section 5(b).
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