I
119THCONGRESS
1
STSESSION 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
APRIL3, 2025
Ms. W
ASSERMANSCHULTZ(for herself, Mr. CARTERof Georgia, Ms.
S
CHRIER, Mrs. MILLER-MEEKS, Mr. SUOZZI, and Mr. FITZPATRICK) in-
troduced the following bill; which was referred to the Committee on En-
ergy and Commerce
A BILL
To require large social media platform providers to create,
maintain, and make available to third-party safety soft-
ware providers a set of real-time application program-
ming 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.
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Be it enacted by the Senate and House of Representa-1
tives of the United States of America in Congress assembled, 2
SECTION 1. SHORT TITLE. 3
This Act may be cited as the ‘‘Sammy’s Law’’. 4
SEC. 2. SENSE OF CONGRESS. 5
It is the sense of Congress that— 6
(1) parents and legal guardians should be em-7
powered to use the services of third-party safety 8
software providers to protect the children of such 9
parents and legal guardians from certain harms on 10
large social media platforms; and 11
(2) dangers like cyberbullying, human traf-12
ficking, illegal drug distribution, sexual harassment, 13
and violence perpetrated, facilitated, or exacerbated 14
through the use of certain large social media plat-15
forms have harmed children on such platforms. 16
SEC. 3. DEFINITIONS. 17
In this Act: 18
(1) C
HILD.—The term ‘‘child’’ means any indi-19
vidual under the age of 17 years who has registered 20
an account with a large social media platform. 21
(2) C
OMMERCE.—The term ‘‘commerce’’ has 22
the meaning given such term in section 4 of the 23
Federal Trade Commission Act (15 U.S.C. 44). 24
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(3) COMMISSION.—The term ‘‘Commission’’ 1
means the Federal Trade Commission. 2
(4) L
ARGE SOCIAL MEDIA PLATFORM .—The 3
term ‘‘large social media platform’’— 4
(A) means a service— 5
(i) provided through an internet 6
website or a mobile application (or both); 7
(ii) the terms of service of which do 8
not prohibit the use of the service by a 9
child; 10
(iii) with any feature or features that 11
enable a child to share images, text, or 12
video through the internet with other users 13
of the service whom such child has met, 14
identified, or become aware of solely 15
through the use of the service; and 16
(iv) that has more than 100,000,000 17
monthly global active users or generates 18
more than $1,000,000,000 in gross rev-19
enue per year, adjusted yearly for inflation; 20
and 21
(B) does not include— 22
(i) a service that primarily serves— 23
(I) to facilitate— 24
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(aa) the sale or provision of 1
professional services; or 2
(bb) the sale of commercial 3
products; or 4
(II) to provide news or informa-5
tion, where the service does not offer 6
the ability for content to be sent by a 7
user directly to a child; or 8
(ii) a service that— 9
(I) has a feature that enables a 10
user who communicates directly with 11
a child through a message (including 12
a text, audio, or video message) not 13
otherwise available to other users of 14
the service to add other users to that 15
message that such child may not have 16
otherwise met, identified, or become 17
aware of solely through the use of the 18
service; and 19
(II) does not have any feature or 20
features described in subparagraph 21
(A)(iii). 22
(5) L
ARGE SOCIAL MEDIA PLATFORM PRO -23
VIDER.—The term ‘‘large social media platform pro-24
vider’’ means any person who, for commercial pur-25
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poses in or affecting commerce, provides, manages, 1
operates, or controls a large social media platform. 2
(6) S
TATE.—The term ‘‘State’’ means each 3
State of the United States, the District of Columbia, 4
each commonwealth, territory, or possession of the 5
United States, and each federally recognized Indian 6
Tribe. 7
(7) T
HIRD-PARTY SAFETY SOFTWARE PRO -8
VIDER.—The term ‘‘third-party safety software pro-9
vider’’ means any person who, for commercial pur-10
poses in or affecting commerce, is authorized by a 11
child (if the child is 13 years of age or older) or a 12
parent or legal guardian of a child to interact with 13
a large social media platform to manage the online 14
interactions, content, or account settings of such 15
child for the sole purpose of protecting such child 16
from harm, including physical or emotional harm. 17
(8) U
SER DATA.—The term ‘‘user data’’ means 18
any information needed to have a profile on a large 19
social media platform or content on a large social 20
media platform, including images, video, audio, or 21
text, that is created by or sent to a child on or 22
through the account of such child with such plat-23
form, but only— 24
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(A) if the information or content is created 1
by or sent to such child while a delegation 2
under section 4(a) is in effect with respect to 3
the account; and 4
(B) during a 30-day period beginning on 5
the date on which the information or content is 6
created by or sent to such child. 7
SEC. 4. PROVIDING ACCESS TO THIRD-PARTY SAFETY SOFT-8
WARE. 9
(a) D
UTY OFLARGESOCIALMEDIAPLATFORMPRO-10
VIDERS.— 11
(1) I
N GENERAL.—Not later than 30 days after 12
the effective date of this Act (in the case of a service 13
that is a large social media platform on such effec-14
tive date) or not later than 30 days after a service 15
becomes a large social media platform (in the case 16
of a service that becomes a large social media plat-17
form after such effective date), the large social 18
media platform provider shall create, maintain, and 19
make available to any third-party safety software 20
provider registered with the Commission under sub-21
section (b)(1) a set of third-party-accessible real- 22
time application programming interfaces, including 23
any information necessary to use such interfaces, by 24
which a child (if the child is 13 years of age or 25
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older) or a parent or legal guardian of a child may 1
delegate permission to the third-party safety soft-2
ware provider to— 3
(A) manage the online interactions, con-4
tent, and account settings of such child on the 5
large social media platform on the same terms 6
as such child; and 7
(B) initiate secure transfers of user data 8
from the large social media platform in a com-9
monly-used and machine-readable format to the 10
third-party safety software provider, where the 11
frequency of such transfers may not be limited 12
by the large social media platform provider to 13
less than once per hour. 14
(2) R
EVOCATION.—Once a child or a parent or 15
legal guardian of a child makes a delegation under 16
paragraph (1), the large social media platform pro-17
vider shall make the application programming inter-18
faces and information described in such paragraph 19
available to the third-party safety software provider 20
on an ongoing basis until— 21
(A) the child (if the child made the delega-22
tion) or the parent or legal guardian of such 23
child revokes the delegation; 24
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(B) the child or a parent or legal guardian 1
of such child revokes or disables the registra-2
tion of the account of such child with the large 3
social media platform; 4
(C) the third-party safety software pro-5
vider rejects the delegation; or 6
(D) one or more of the affirmations made 7
by the third-party safety software provider 8
under subsection (b)(1)(A) is no longer true. 9
(3) S
ECURE TRANSFER OF USER DATA .—A 10
large social media platform provider shall establish 11
and implement reasonable policies, practices, and 12
procedures regarding the secure transfer of user 13
data pursuant to a delegation under paragraph (1) 14
from the large social media platform to a third-party 15
safety software provider in order to mitigate any 16
risks related to user data. 17
(4) D
ISCLOSURE.—In the case of a delegation 18
made by a child or a parent or legal guardian of a 19
child under paragraph (1) with respect to the ac-20
count of such child with a large social media plat-21
form, the large social media platform provider 22
shall— 23
(A) disclose to such child and (if the par-24
ent or legal guardian made the delegation) the 25
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parent or legal guardian the fact that the dele-1
gation has been made; 2
(B) provide to such child and (if such par-3
ent or legal guardian made the delegation) such 4
parent or legal guardian a summary of the user 5
data that is transferred to the third-party safe-6
ty software provider; and 7
(C) update the summary provided under 8
subparagraph (B) as necessary to reflect any 9
change to the user data that is transferred to 10
the third-party safety software provider. 11
(5) L
IMITATION.—Any management by a third- 12
party safety software provider of online interactions, 13
content, and account settings of a child under this 14
subsection shall be limited to such management that 15
protects such child from harm, including the optimi-16
zation of the privacy settings of the account, stated 17
user age, and marketing settings of the child. 18
(b) T
HIRD-PARTYSAFETYSOFTWAREPROVIDERS.— 19
(1) R
EGISTRATION WITH COMMISSION .—A 20
third-party safety software provider shall register 21
with the Commission as a condition of accessing an 22
application programming interface and any informa-23
tion under subsection (a). As a condition of such 24
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registration, the third-party safety software provider 1
shall— 2
(A) satisfactorily demonstrate to the Com-3
mission that the third-party safety software 4
provider— 5
(i) is a company based in the United 6
States; 7
(ii) is not a subsidiary of any foreign- 8
owned company or otherwise controlled by 9
a foreign person or persons; 10
(iii) will solely use any user data ob-11
tained under subsection (a) for the purpose 12
of protecting a child from harm in accord-13
ance with any applicable terms of service 14
and the provisions of this Act; 15
(iv) will only disclose user data ob-16
tained under subsection (a) as permitted 17
by subsection (f); 18
(v) will process and maintain all user 19
data obtained under subsection (a) and 20
copies of any communications generated in 21
relation thereto exclusively on hardware 22
and devices located within the territorial 23
boundaries of the United States; 24
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(vi)(I) will delete any user data ob-1
tained under this section as soon as pos-2
sible but not later than 14 days after re-3
ceiving such data from the large social 4
media platform, not including any data the 5
third-party safety software provider dis-6
closes under subsection (f); 7
(II) for any data disclosed under sub-8
section (f)(1)(C), will maintain such data 9
until the child or a parent or legal guard-10
ian of the child who made a delegation 11
under subsection (a) and whose data is at 12
issue requests that the third-party safety 13
software provider delete such data; and 14
(III) in the event that the child or a 15
parent or legal guardian of the child who 16
made a delegation under subsection (a) 17
cancels their account with the third-party 18
safety software provider, will delete all ap-19
plicable user data no later than 30 days 20
after the request for account cancellation 21
has been made; and 22
(vii) will disclose, in an easy-to-under-23
stand, human-readable format, to each 24
child with respect to whose account with a 25
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large social media platform the service of 1
the third-party safety software provider is 2
operating and (if a parent or legal guard-3
ian of the child made the delegation under 4
subsection (a) with respect to the account) 5
to the parent or legal guardian, sufficient 6
information detailing the operation of the 7
service and what information the third- 8
party safety software provider is collecting 9
to enable such child and (if applicable) 10
such parent or legal guardian to make in-11
formed decisions regarding the use of the 12
service; and 13
(B) as part of the registration process, un-14
dergo a security review in such form as the 15
Commission may proscribe but which may in-16
clude requiring that a qualified independent au-17
diting firm conduct such a review to independ-18
ently verify and confirm via a written report 19
(which shall be exempt from disclosure under 20
section 552(b)(3) of title 5, United States 21
Code) that the third-party safety software pro-22
vider— 23
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(i) is in compliance, or has the ability 1
to comply, with the requirements of sub-2
paragraph (A); 3
(ii) is able to provide services in ac-4
cordance with any applicable terms of serv-5
ice and any relevant disclosures made to 6
any consumer, including whether such 7
terms and disclosures are clear and con-8
spicuous and are written in plain and easy- 9
to-understand English; 10
(iii) has taken appropriate steps to as-11
sess potential risks and to protect the con-12
fidentiality, integrity, and security of any 13
user data, including a determination of the 14
adequacy of business and technology-re-15
lated controls, policies, procedures, and 16
other safeguards employed by the third- 17
party safety software provider based on 18
guidance issued by the Commission and 19
other industry standards and best prac-20
tices; and 21
(iv) assesses compliance with applica-22
ble Federal law, including the requirements 23
of this Act. 24
(2) A
NNUAL AUDIT.— 25
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(A) AUDIT PROCESS; AUDIT REPORT.—For 1
each year or partial year during which a third- 2
party safety software provider is registered with 3
the Commission under paragraph (1), the third- 4
party safety software provider shall retain the 5
services of a qualified independent auditing firm 6
to complete an annual audit and write an audit 7
report (which shall be exempt from disclosure 8
under section 552(b)(3) of title 5, United 9
States Code), and such audit report shall— 10
(i) include a review and assessment of 11
the third-party safety software provider’s 12
initial security review and any subsequent 13
written reports, including whether the 14
third-party safety software provider has re-15
mained in compliance with the require-16
ments described in paragraph (1)(B); and 17
(ii) identify whether the third-party 18
safety software provider has made any ma-19
terial changes in how the third-party safety 20
software provider provides services, and in 21
the event of any such material changes, 22
provide an explanation as to how such 23
changes have impacted users. 24
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(B) SUBMISSION TO COMMISSION .—Not 1
later than 30 days after the date on which an 2
audit report is written under subparagraph (A), 3
a third-party safety software provider shall sub-4
mit to the Commission— 5
(i) a full copy of such audit report; 6
and 7
(ii) a summary of such audit report 8
that may contain redactions to protect the 9
proprietary information and trade secrets 10
of the third-party safety software provider. 11
(C) A
UDIT REVIEW BY COMMISSION .—The 12
Commission shall— 13
(i) review each audit report submitted 14
by a third-party safety software provider 15
under subparagraph (B)(i) to verify com-16
pliance; 17
(ii) make a copy of the summary of 18
such audit report submitted by a third- 19
party safety software provider under sub-20
paragraph (B)(ii) available to the public; 21
and 22
(iii) in the event an audit required 23
under subparagraph (A) detects an un-24
usual finding, direct a third-party safety 25
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software provider to promptly investigate 1
and resolve the matter. 2
(3) A
DDITIONAL AUTHORITY OF COMMISSION .— 3
In addition to the jurisdiction, powers, and duties of 4
the Commission otherwise provided under this Act 5
and any other provision of law, the Commission may 6
take an adverse action against a third-party safety 7
software provider, including by— 8
(A) denying an initial registration for the 9
third-party safety software provider under para-10
graph (1); 11
(B) permanently de-registering the third- 12
party safety software provider; and 13
(C) suspending the registration of the 14
third-party safety software provider due to an 15
audit finding of a material risk to the security 16
of the data or safety of the public, including 17
for— 18
(i) willful misconduct or gross neg-19
ligence by the third-party safety software 20
provider; 21
(ii) a material misrepresentation made 22
by a third-party safety software provider to 23
the Commission or to any consumer; 24
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(iii) failure by the third-party safety 1
software provider to comply with any re-2
quirements of this Act or failure to operate 3
in accordance with the affirmations, asser-4
tions, representations, or terms of any se-5
curity review, audit, terms of services, or 6
consumer disclosures; 7
(iv) failure by the third-party safety 8
software provider to respond to an unusual 9
finding in an annual audit completed 10
under paragraph (2)(A); and 11
(v) failure by the third-party safety 12
software provider to adhere to or imple-13
ment guidance issued by the Commission. 14
(4) R
IGHTS OF THIRD-PARTY SAFETY SOFT -15
WARE PROVIDERS.— 16
(A) I
N GENERAL.—In the event the Com-17
mission takes an adverse action against a third- 18
party safety software provider under paragraph 19
(3), the Commission shall give the third-party 20
safety software provider— 21
(i) the opportunity to appeal the find-22
ings of the auditor or such action of the 23
Commission; and 24
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(ii) the opportunity to remediate any 1
deficiencies, except in the case of a finding 2
of— 3
(I) willful misconduct; 4
(II) gross negligence; or 5
(III) a demonstrated history of 6
multiple failures in relation to the 7
types of material risk described in 8
paragraph (3)(C)(ii) through 9
(3)(C)(v). 10
(B) E
XCEPTION.—The rights described in 11
subparagraph (A) shall not prevent the Com-12
mission from suspending the registration of a 13
third-party safety software provider to protect 14
the public from ongoing material risk for the 15
period during which the third-party safety soft-16
ware provider is in the process of exercising the 17
rights described in paragraph (4). 18
(c) A
UTHENTICATION.—Not later than 180 days 19
after the date of the enactment of this Act, the Commis-20
sion shall issue guidance to facilitate the ability of a third- 21
party safety software provider to obtain user data or ac-22
cess under subsection (a) in a manner that ensures that 23
a request for user data or access on behalf of a child is 24
a verifiable request. 25
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(d) GUIDANCE AND CONSUMEREDUCATION.—The 1
Commission shall— 2
(1) not later than 180 days after the date of 3
the enactment of this Act, issue guidance for large 4
social media platform providers and third-party safe-5
ty software providers regarding the maintenance of 6
reasonable safety standards to protect user data; 7
and 8
(2) educate consumers regarding the rights of 9
consumers under this Act. 10
(e) I
NDEMNIFICATION.—In any civil action in Fed-11
eral or State court (other than an action brought by the 12
Commission), a large social media platform provider may 13
not be held liable for damages arising out of the transfer 14
of user data to a third-party safety software provider 15
under subsection (a), if the large social media platform 16
provider has in good faith complied with the requirements 17
of this Act and the guidance issued by the Commission 18
under this Act. 19
(f) U
SERDATADISCLOSURE.— 20
(1) P
ERMITTED DISCLOSURES .—A third-party 21
safety software provider may not disclose any user 22
data obtained under subsection (a) to any other per-23
son except— 24
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(A) pursuant to a lawful request from a 1
government body, including for law enforcement 2
purposes or for judicial or administrative pro-3
ceedings by means of a court order or a court- 4
ordered warrant, a subpoena or summons 5
issued by a judicial officer, or a grand jury sub-6
poena; 7
(B) to the extent that such disclosure is re-8
quired by law and such disclosure complies with 9
and is limited to the relevant requirements of 10
such law; 11
(C) to the child or a parent or legal guard-12
ian of the child who made a delegation under 13
such subsection and whose data is at issue, with 14
such third-party safety software provider mak-15
ing a good faith effort to ensure that such dis-16
closure includes only the user data necessary 17
for a reasonable parent or caregiver to under-18
stand that such child is experiencing (or is at 19
foreseeable risk to experience) the following 20
harms— 21
(i) suicide; 22
(ii) anxiety; 23
(iii) depression; 24
(iv) eating disorders; 25
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(v) violence, including being the victim 1
of or planning to commit or facilitate as-2
sault; 3
(vi) substance abuse; 4
(vii) fraud; 5
(viii) severe forms of trafficking in 6
persons (as defined in section 103 of the 7
Trafficking Victims Protection Act of 2000 8
(22 U.S.C. 7102)); 9
(ix) sexual abuse; 10
(x) physical injury; 11
(xi) harassment; 12
(xii) sexually explicit conduct or child 13
pornography (as defined in section 2256 of 14
title 18, United States Code); 15
(xiii) terrorism (as defined in section 16
140(d) of the Foreign Relations Authoriza-17
tion Act, Fiscal Years 1988 and 1989 (22 18
U.S.C. 2656f(d))), including communica-19
tions with or in support of a foreign ter-20
rorist organization (as designated by the 21
Secretary of State under section 219(a) of 22
the Immigration and Nationality Act (8 23
U.S.C. 1189(a))); 24
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(xiv) academic dishonesty, including 1
cheating, plagiarism, and other forms of 2
academic dishonesty that are intended to 3
gain an unfair academic advantage; and 4
(xv) sharing personal information, 5
limited to— 6
(I) home address; 7
(II) phone number; 8
(III) social security number; and 9
(IV) personal banking informa-10
tion; 11
(D) in the case of a reasonably foreseeable 12
serious and imminent threat to the health or 13
safety of any individual, if the disclosure is 14
made to a person or persons reasonably able to 15
prevent or lessen the threat; or 16
(E) to a public health authority or other 17
appropriate government authority authorized by 18
law to receive reports of child abuse or neglect. 19
(2) D
ISCLOSURE REPORTING .—A third-party 20
safety software provider that makes a disclosure per-21
mitted by paragraph (1)(A), (1)(B), (1)(D), or 22
(1)(E) shall promptly inform the child with respect 23
to whose account with a large social media platform 24
the delegation was made under subsection (a) and 25
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(if a parent or legal guardian of the child made the 1
delegation) the parent or legal guardian that such a 2
disclosure has been or will be made, except if— 3
(A) the third-party safety software pro-4
vider, in the exercise of professional judgment, 5
believes informing such child or parent or legal 6
guardian would place such child at risk of seri-7
ous harm; or 8
(B) the third-party safety software pro-9
vider is prohibited by law (including a valid 10
order by a court or administrative body) from 11
informing such child or parent or legal guard-12
ian. 13
SEC. 5. IMPLEMENTATION AND ENFORCEMENT. 14
(a) E
NFORCEMENT.— 15
(1) U
NFAIR OR DECEPTIVE ACTS OR PRAC -16
TICES.—A violation of this Act shall be treated as 17
a violation of a rule defining an unfair or deceptive 18
act or practice prescribed under section 18(a)(1)(B) 19
of the Federal Trade Commission Act (15 U.S.C. 20
57a(a)(1)(B)). 21
(2) P
OWERS OF COMMISSION .— 22
(A) I
N GENERAL.—The Commission shall 23
enforce this Act in the same manner, by the 24
same means, and with the same jurisdiction, 25
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powers, and duties as though all applicable 1
terms and provisions of the Federal Trade 2
Commission Act (15 U.S.C. 41 et seq.) were in-3
corporated into and made a part of this Act. 4
(B) P
RIVILEGES AND IMMUNITIES .—Any 5
person who violates this Act shall be subject to 6
the penalties and entitled to the privileges and 7
immunities provided in the Federal Trade Com-8
mission Act (15 U.S.C. 41 et seq.). 9
(3) P
RESERVATION OF AUTHORITY .—Nothing 10
in this Act may be construed to limit the authority 11
of the Commission under any other provision of law. 12
(b) FTC G
UIDANCE.—Not later than 180 days after 13
the date of the enactment of this Act, the Commission 14
shall issue guidance to assist large social media platform 15
providers and third-party safety software providers in 16
complying with this Act. 17
(c) C
OMPLIANCEASSESSMENT.—The Commission, 18
on a biannual basis, shall assess compliance by large social 19
media platform providers and third-party safety software 20
providers with the provisions of this Act. 21
(d) C
OMPLAINTS.—The Commission shall establish 22
procedures under which a child, or the parent or legal 23
guardian of such child, a large social media platform pro-24
vider, or a third-party safety software provider may file 25
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a complaint alleging that a large social media platform 1
provider or a third-party safety software provider has vio-2
lated this Act. 3
SEC. 6. ONE NATIONAL STANDARD. 4
(a) I
NGENERAL.—No State or political subdivision 5
of a State may maintain, enforce, prescribe, or continue 6
in effect any law, rule, regulation, requirement, standard, 7
or other provision having the force and effect of law of 8
the State, or political subdivision of a State, related to 9
requiring large social media platform providers to create, 10
maintain, and make available to third-party safety soft-11
ware providers a set of real-time application programming 12
interfaces, through which a child or a parent or legal 13
guardian of a child may delegate permission to a third- 14
party safety software provider to manage the online inter-15
actions, content, and account settings of such child on a 16
large social media platform on the same terms as such 17
child. 18
(b) R
ULE OFCONSTRUCTION.—This section may not 19
be construed to— 20
(1) limit the enforcement of any consumer pro-21
tection law of a State or political subdivision of a 22
State; 23
(2) preempt the applicability of State trespass, 24
contract, or tort law; or 25
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(3) preempt the applicability of any State law 1
to the extent that the law relates to acts of fraud, 2
unauthorized access to personal information, or noti-3
fication of unauthorized access to personal informa-4
tion. 5
SEC. 7. EFFECTIVE DATE. 6
This Act shall take effect on the date on which the 7
Commission issues guidance under section 5(b). 8
Æ
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