[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5173 Introduced in House (IH)]

<DOC>






119th CONGRESS
  1st Session
                                H. R. 5173

To require social media companies to use geofencing to block access to 
their social media platforms on K-12 education campuses, and for other 
                               purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           September 8, 2025

  Ms. Craig introduced the following bill; which was referred to the 
                    Committee on Energy and Commerce

_______________________________________________________________________

                                 A BILL


 
To require social media companies to use geofencing to block access to 
their social media platforms on K-12 education campuses, 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 ``No Social Media at School Act''.

SEC. 2. REQUIREMENT TO BLOCK ACCESS TO SOCIAL MEDIA ON K-12 EDUCATION 
              CAMPUSES.

    (a) Requirement.--A social media company shall use geofencing to 
block access to their social media platform on a K-12 education campus 
during the regular school day (as determined by the local educational 
agency associated with such campus), except for any push notification 
that includes a weather alert, an amber alert, and other uses from 
emergency responders for public safety purposes.
    (b) Protections for Privacy.--Nothing in this section may be 
construed to require--
            (1) the affirmative collection of any personal data with 
        respect to the age of users by a social media company that the 
        company is not already collecting in the normal course of 
        business; or
            (2) a social media company to implement an age gating or 
        age verification functionality.
    (c) Enforcement.--
            (1) Enforcement by federal trade commission.--
                    (A) Unfair and deceptive acts or practices.--A 
                violation of this section 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)).
                    (B) Powers of the commission.--
                            (i) In general.--The Federal Trade 
                        Commission shall enforce this section 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 section.
                            (ii) Privileges and immunities.--Any person 
                        that violates this section 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.).
                    (C) Authority preserved.--Nothing in this section 
                shall be construed to limit the authority of the 
                Commission under any other provision of law.
    (d) Enforcement by State Attorneys General.--
            (1) In general.--
                    (A) Civil actions.--In any case in which the 
                attorney general of a State has reason to believe that 
                a covered platform has violated or is violating this 
                section, the State, as parens patriae, may bring a 
                civil action on behalf of the residents of the State in 
                a district court of the United States or a State court 
                of appropriate jurisdiction to--
                            (i) enjoin any practice that violates 
                        subsection (a);
                            (ii) enforce compliance with subsection 
                        (a);
                            (iii) on behalf of residents of the State, 
                        obtain damages, restitution, or other 
                        compensation, each of which shall be 
                        distributed in accordance with State law; or
                            (iv) obtain such other relief as the court 
                        may consider to be appropriate.
                    (B) Notice.--
                            (i) In general.--Before filing an action 
                        under subparagraph (A), the attorney general of 
                        the State involved shall provide to the 
                        Commission--
                                    (I) written notice of that action; 
                                and
                                    (II) a copy of the complaint for 
                                that action.
                            (ii) Exemption.--
                                    (I) In general.--Clause (i) shall 
                                not apply with respect to the filing of 
                                an action by an attorney general of a 
                                State under this paragraph if the 
                                attorney general of the State 
                                determines that it is not feasible to 
                                provide the notice described in that 
                                clause before the filing of the action.
                                    (II) Notification.--In an action 
                                described in subclause (I), the 
                                attorney general of a State shall 
                                provide notice and a copy of the 
                                complaint to the Commission at the same 
                                time as the attorney general files the 
                                action.
            (2) Intervention.--
                    (A) In general.--On receiving notice under 
                paragraph (1)(B), the Commission shall have the right 
                to intervene in the action that is the subject of the 
                notice.
                    (B) Effect of intervention.--If the Commission 
                intervenes in an action under paragraph (1), the 
                Commission shall have the right--
                            (i) to remove the action to the appropriate 
                        United States district court;
                            (ii) to be heard with respect to any matter 
                        that arises in that action; and
                            (iii) to file a petition for appeal.
            (3) Construction.--For purposes of bringing any civil 
        action under paragraph (1), nothing in this section shall be 
        construed to prevent an attorney general of a State from 
        exercising the powers conferred on the attorney general by the 
        laws of that State to--
                    (A) conduct investigations;
                    (B) administer oaths or affirmations; or
                    (C) compel the attendance of witnesses or the 
                production of documentary and other evidence.
            (4) Actions by the commission.--In any case in which an 
        action is instituted by or on behalf of the Commission for 
        violation of this section, no State may, during the pendency of 
        that action, institute a separate 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.
            (5) 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) a State court of competent 
                        jurisdiction.
                    (B) Service of process.--In an action brought under 
                paragraph (1) in a district court of the United States, 
                process may be served wherever defendant--
                            (i) is an inhabitant; or
                            (ii) may be found.
    (e) Definitions.--In this section:
            (1) Commission.--The term ``Commission'' means the Federal 
        Trade Commission.
            (2) Geofencing.--The term ``geofencing'' means a virtual 
        boundary maintained by a social media platform.
            (3) K-12 education.--The term ``K-12 education'' means 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)).
            (4) Local educational agency.--The term ``local educational 
        agency'' has the meaning given such term in section 8101 of the 
        Elementary and Secondary Education Act of 1965 (20 U.S.C. 
        7801).
            (5) Social media company.--The term ``social media 
        company''--
                    (A) means a company that runs a social media 
                platform; and
                    (B) does not include--
                            (i) an organization not organized to carry 
                        on business for its own profit or that of its 
                        members; or
                            (ii) an educational agency or institution 
                        (as defined in section 444 of the General 
                        Education Provisions Act (20 U.S.C. 
                        1232g(a)(3))).
            (6) Social medial 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 the 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 medial 
                platform'' does not include a platform that, as the 
                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.
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