[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) Submissio