II 118th CONGRESS 1st Session S. 419 IN THE SENATE OF THE UNITED STATES February 14, 2023 Mr. Hawley introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation A BILL To require social media platforms to verify that all individuals who create an account on the platform are age 16 or older, and for other purposes.

1. Short title This Act may be cited as the Making Age-Verification Technology Uniform, Robust, and Effective Act or the MATURE Act . 2. Requiring social media platforms to verify that account holders are of appropriate age (a) Requirement (1) In general Except as provided in subsection (c), beginning on the date that is 6 months after the date of enactment of this Act, the operator of a social media platform shall not allow an individual to create an account on the platform unless the individual is age 16 or older, as verified by the platform using an age verification process that meets the requirements specified in paragraph (2). (2) Age verification process requirements The requirements specified in this paragraph are, with respect to an age verification process and a social media platform, that the platform require any individual who attempts to create an account on the platform to provide the platform with— (A) the individual’s full legal name; (B) the individual’s date of birth; and (C) a scan, image, or upload of government-issued identification of the individual that verifies the information required under subparagraphs (A) and (B). (b) Use of data collected for age verification purposes; deletion of data (1) In general The operator of a social media platform shall not sell, transfer, or use any information collected from an individual for the purpose of verifying the individual’s identity and age for any other purpose. (2) Deletion of data If an account on a social media platform is deleted (whether at the request of the account holder or otherwise), the operator of the social media platform shall delete any information collected from an individual for the purpose of verifying the individual’s identity and age not later than 30 days after the date of such deletion. (c) Application to existing accounts The operator of a social media platform may continue to allow an individual to maintain and use an account on the platform without verifying that the individual is age 16 or older as required under subsection (a) if— (1) the account was created by the individual before the date that is 6 months after the date of enactment of this Act; and (2) no other individual uses the account. 3. FTC compliance audits (a) In general Not later than 1 year after the date of enactment of this Act, and not less frequently than every 6 months thereafter, the Commission shall conduct an audit of each large social media platform by comparing the age verification information associated with a randomly selected sample of all accounts created on the platform since the last audit was conducted under this section (or, in the case of the first audit conducted under this section, since the date that is 6 months after the date of enactment of this Act) to State and Federal records to confirm that the individuals creating such accounts are age 16 or older. (b) Compliance standards An operator of a large social media platform shall not be considered to be in violation of the requirements of section 2(a) if— (1) with respect to the first and second audits conducted under this section, the Commission determines that 90 percent of the accounts reviewed under the audit are accurate and in compliance with the requirements of such section; (2) with respect to the third and fourth audits conducted under this section, the Commission determines that 95 percent of the accounts reviewed under the audit are accurate and in compliance with the requirements of such section; and (3) with respect to the fifth audit and any subsequent audit conducted under this section, the Commission determines that 100 percent of the accounts reviewed under the audit are accurate and in compliance with the requirements of such section. 4. Enforcement (a) Unfair or deceptive acts or practices A violation of section 2 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 (1) In general The Commission shall enforce section 2 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. (2) Privileges and immunities Any person who violates section 2 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) Effect on other laws Nothing in this Act shall be construed to limit the authority of the Commission under any other provision of law. (c) Private right of action (1) In general Any parent or guardian of an individual less than 16 years of age to whom a social media account is provided in violation of this Act may bring a civil action against the social media company in an appropriate district court of the United States or a State court of competent jurisdiction for— (A) injunctive relief; (B) damages; and (C) attorney’s fees and costs. (2) Application Paragraph (1) shall apply to any violation that occurs after the fourth audit described in section 3(b)(2). 5. Definitions In this Act: (1) Commission The term Commission means the Federal Trade Commission. (2) Government-issued identification The term government-issued identification means, with respect to an individual, a government-issued document that demonstrates the individual’s identity and age, including— (A) a passport or visa; (B) a birth certificate; (C) a driver’s license; (D) an identification card issued by a State; or (E) another document determined appropriate by the Commission. (3) Social media platform; large social media platform (A) Social media platform The term social media platform means any electronic medium, such as Facebook, Instagram, YouTube, or Twitter (as such services existed in 2023), a live-chat system, or an electronic dating service that— (i) primarily serves as a medium for users to interact with original content generated by other third-party users of the medium; (ii) enables users to create accounts or profiles specific to the medium or to import profiles from another medium; and (iii) enables 1 or more users to generate original content that can be viewed by other third-party users of the medium. (B) Large social media platform The term large social media platform means a social media platform that— (i) averages more than 1,000,000 unique users on a monthly basis; or (ii) has more than 1,000,000 user accounts. (C) Exclusion The term social media platform shall not include a platform that only permits users to interact via a predetermined set of phrases, emoticons, or nonlinguistic symbols.