II
119THCONGRESS
1
STSESSION S. 278
To prohibit users who are under age 13 from accessing social media platforms,
to prohibit the use of personalized recommendation systems on individ-
uals under age 17, and limit the use of social media in schools.
IN THE SENATE OF THE UNITED STATES
JANUARY28, 2025
Mr. S
CHATZ(for himself, Mr. CRUZ, Mr. MURPHY, Mrs. BRITT, Mr. WELCH,
Mr. B
UDD, Mr. KING, Mr. CURTIS, Mr. WARNER, and Mr. FETTERMAN)
introduced the following bill; which was read twice and referred to the
Committee on Commerce, Science, and Transportation
A BILL
To prohibit users who are under age 13 from accessing
social media platforms, to prohibit the use of personal-
ized recommendation systems on individuals under age
17, and limit the use of social media in schools.
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; TABLE OF CONTENTS. 3
(a) S
HORTTITLE.—This Act may be cited as the 4
‘‘Kids Off Social Media Act’’. 5
(b) T
ABLE OFCONTENTS.—The table of contents for 6
this Act is as follows: 7
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Sec. 1. Short title; table of contents.
TITLE I—KIDS OFF SOCIAL MEDIA ACT
Sec. 101. Short title.
Sec. 102. Definitions.
Sec. 103. No children under 13.
Sec. 104. Prohibition on the use of personalized recommendation systems on
children or teens.
Sec. 105. Determination of whether an operator has knowledge fairly implied
on the basis of objective circumstances that an individual is a
child or teen.
Sec. 106. Enforcement.
Sec. 107. Relationship to other laws.
Sec. 108. Effective date.
TITLE II—EYES ON THE BOARD ACT OF 2025
Sec. 201. Short title.
Sec. 202. Updating the Children’s Internet Protection Act to include social
media platforms.
Sec. 203. Internet safety policies.
TITLE III—SEVERABILITY
Sec. 301. Severability.
TITLE I—KIDS OFF SOCIAL 1
MEDIA ACT 2
SEC. 101. SHORT TITLE. 3
This title may be referred to as the ‘‘Kids Off Social 4
Media Act’’. 5
SEC. 102. DEFINITIONS. 6
In this title: 7
(1) P
ERSONALIZED RECOMMENDATION SYS -8
TEM.—The term ‘‘personalized recommendation sys-9
tem’’ means a fully or partially automated system 10
used to suggest, promote, or rank content, including 11
other users or posts, based on the personal data of 12
users. 13
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(2) CHILD.—The term ‘‘child’’ means an indi-1
vidual under the age of 13. 2
(3) C
OMMISSION.—The term ‘‘Commission’’ 3
means the Federal Trade Commission. 4
(4) K
NOW OR KNOWS .—The term ‘‘know’’ or 5
‘‘knows’’ means to have actual knowledge or knowl-6
edge fairly implied on the basis of objective cir-7
cumstances. 8
(5) P
ERSONAL DATA .—The term ‘‘personal 9
data’’ has the same meaning as the term ‘‘personal 10
information’’ as defined in section 1302 of the Chil-11
dren’s Online Privacy Protection Act (15 U.S.C. 12
6501) . 13
(6) S
OCIAL MEDIAL PLATFORM .— 14
(A) I
N GENERAL.—The term ‘‘social media 15
platform’’ means a public-facing website, online 16
service, online application, or mobile application 17
that— 18
(i) is directed to consumers; 19
(ii) collects personal data; 20
(iii) primarily derives revenue from 21
advertising or the sale of personal data; 22
and 23
(iv) as its primary function provides a 24
community forum for user-generated con-25
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tent, including messages, videos, and audio 1
files among users where such content is 2
primarily intended for viewing, resharing, 3
or platform-enabled distributed social en-4
dorsement or comment. 5
(B) L
IMITATION.—The term ‘‘social medial 6
platform’’ does not include a platform that, as 7
its primary function for consumers, provides or 8
facilitates any of the following: 9
(i) The purchase and sale of commer-10
cial goods. 11
(ii) Teleconferencing or 12
videoconferencing services that allow recep-13
tion and transmission of audio or video 14
signals for real-time communication, pro-15
vided that the real-time communication is 16
initiated by using a unique link or identi-17
fier to facilitate access. 18
(iii) Crowd-sourced reference guides 19
such as encyclopedias and dictionaries. 20
(iv) Cloud storage, file sharing, or file 21
collaboration services, including such serv-22
ices that allow collaborative editing by in-23
vited users. 24
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(v) The playing or creation of video 1
games. 2
(vi) Content that consists primarily of 3
news, sports, sports coverage, entertain-4
ment, or other information or content that 5
is not user-generated but is preselected by 6
the platform and for which any chat, com-7
ment, or interactive functionality is inci-8
dental, directly related to, or dependent on 9
the provision of the content provided by 10
the platform. 11
(vii) Business, product, or travel in-12
formation including user reviews or 13
rankings of such businesses, products, or 14
other travel information. 15
(viii) Educational information, experi-16
ences, training, or instruction provided to 17
build knowledge, skills, or a craft, district- 18
sanctioned or school-sanctioned learning 19
management systems and school informa-20
tion systems for the purposes of schools 21
conveying content related to the education 22
of students, or services or services on be-23
half of or in support of an elementary 24
school or secondary school, as such terms 25
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are defined in section 8101 of the Elemen-1
tary and Secondary Education Act of 1965 2
(20 U.S.C. 7801). 3
(ix) An email service. 4
(x) A wireless messaging service, in-5
cluding such a service provided through 6
short message service or multimedia mes-7
saging protocols, that is not a component 8
of, or linked to, a social media platform 9
and where the predominant or exclusive 10
function of the messaging service is direct 11
messaging consisting of the transmission of 12
text, photos, or videos that are sent by 13
electronic means, where messages are 14
transmitted from the sender to the recipi-15
ent and are not posted publicly or within 16
a social media platform. 17
(xi) A broadband internet access serv-18
ice (as such term is defined for purposes of 19
section 8.1(b) of title 47, Code of Federal 20
Regulations, or any successor regulation). 21
(xii) A virtual private network or simi-22
lar service that exists solely to route inter-23
net traffic between locations. 24
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(7) TEEN.—The term ‘‘teen’’ means an indi-1
vidual over the age of 12 and under the age of 17. 2
(8) U
SER.—The term ‘‘user’’ means, with re-3
spect to a social media platform, an individual who 4
registers an account or creates a profile on the social 5
media platform. 6
SEC. 103. NO CHILDREN UNDER 13. 7
(a) N
OACCOUNTS FOR CHILDRENUNDER13.—A 8
social media platform shall not permit an individual to cre-9
ate or maintain an account or profile if it knows that the 10
individual is a child. 11
(b) T
ERMINATION OFEXISTINGACCOUNTSBELONG-12
ING TOCHILDREN.—A social media platform shall termi-13
nate any existing account or profile of a user who the so-14
cial media platform knows is a child. 15
(c) D
ELETION OFCHILDREN’SPERSONALDATA.— 16
(1) I
N GENERAL.—Subject to paragraph (2), 17
upon termination of an existing account or profile of 18
a user pursuant to subsection (b), a social media 19
platform shall immediately delete all personal data 20
collected from the user or submitted by the user to 21
the social media platform. 22
(2) C
HILDREN’S ACCESS TO PERSONAL DATA .— 23
To the extent technically feasible and not in viola-24
tion of any licensing agreement, a social media plat-25
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form shall allow the user of an existing account or 1
profile that the social media platform has terminated 2
under subsection (b), from the date such termination 3
occurs to the date that is 90 days after such date, 4
to request, and shall provide to such user upon such 5
request, a copy of the personal data collected from 6
the user or submitted by the user to the social media 7
platform both— 8
(A) in a manner that is readable and 9
which a reasonable person can understand; and 10
(B) in a portable, structured, and machine- 11
readable format. 12
(d) R
ULE OFCONSTRUCTION.—Nothing in sub-13
section (c) shall be construed to prohibit a social media 14
platform from retaining a record of the termination of an 15
account or profile and the minimum information necessary 16
for the purposes of ensuring compliance with this section. 17
SEC. 104. PROHIBITION ON THE USE OF PERSONALIZED 18
RECOMMENDATION SYSTEMS ON CHILDREN 19
OR TEENS. 20
(a) I
NGENERAL.— 21
(1) P
ROHIBITION ON USE OF PERSONALIZED 22
RECOMMENDATION SYSTEMS ON CHILDREN OR 23
TEENS.—Except as provided in paragraph (2), a so-24
cial media platform shall not use the personal data 25
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of a user or visitor in a personalized recommenda-1
tion system to display content if the platform knows 2
that the user or visitor is a child or teen. 3
(2) E
XCEPTION.—A social media platform may 4
use a personalized recommendation system to dis-5
play content to a child or teen if the system only 6
uses the following personal data of the child or teen: 7
(A) The type of device used by the child or 8
teen. 9
(B) The languages used by the child or 10
teen to communicate. 11
(C) The city or town in which the child or 12
teen is located. 13
(D) The fact that the individual is a child 14
or teen. 15
(E) The age of the child or teen. 16
(b) R
ULE OFCONSTRUCTION.—The prohibition in 17
subsection (a) shall not be construed to— 18
(1) prevent a social media platform from pro-19
viding search results to a child or teen deliberately 20
or independently searching for (such as by typing a 21
phrase into a search bar or providing spoken input), 22
or specifically requesting, content, so long as such 23
results are not based on the personal data of the 24
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child or teen (except to the extent permitted under 1
subsection (a)(2)); 2
(2) prevent a social media platform from taking 3
reasonable measures to— 4
(A) block, detect, or prevent the distribu-5
tion of unlawful or obscene material; 6
(B) block or filter spam, or protect the se-7
curity of a platform or service; or 8
(C) prevent criminal activity; or 9
(3) prohibit a social media platform from dis-10
playing user-generated content that has been se-11
lected, followed, or subscribed to by a teen account 12
holder as long as the display of the content is based 13
on a chronological format. 14
SEC. 105. DETERMINATION OF WHETHER AN OPERATOR 15
HAS KNOWLEDGE FAIRLY IMPLIED ON THE 16
BASIS OF OBJECTIVE CIRCUMSTANCES THAT 17
AN INDIVIDUAL IS A CHILD OR TEEN. 18
(a) R
ULES OFCONSTRUCTION.—For purposes of en-19
forcing this title, in making a determination as to whether 20
a social media platform has knowledge fairly implied on 21
the basis of objective circumstances that a user is a child 22
or teen, the Commission or the attorney general of a State, 23
as applicable, shall rely on competent and reliable evi-24
dence, taking into account the totality of circumstances, 25
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including whether a reasonable and prudent person under 1
the circumstances would have known that the user is a 2
child or teen. 3
(b) P
ROTECTIONS FOR PRIVACY.—Nothing in this 4
title, including a determination described in subsection 5
(a), shall be construed to require a social media platform 6
to— 7
(1) implement an age gating or age verification 8
functionality; or 9
(2) affirmatively collect any personal data with 10
respect to the age of users that the social media 11
platform is not already collecting in the normal 12
course of business. 13
(c) R
ESTRICTION ONUSE ANDRETENTION OFPER-14
SONALDATA.—If a social media platform or a third party 15
acting on behalf of a social media platform voluntarily col-16
lects personal data for the purpose of complying with this 17
title, the social media platform or a third party shall not— 18
(1) use any personal data collected specifically 19
for a purpose other than for sole compliance with 20
the obligations under this title; or 21
(2) retain any personal data collected from a 22
user for longer than is necessary to comply with the 23
obligations under this title or than is minimally nec-24
essary to demonstrate compliance with this title. 25
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SEC. 106. ENFORCEMENT. 1
(a) E
NFORCEMENT BY COMMISSION.— 2
(1) U
NFAIR OR DECEPTIVE ACTS OR PRAC -3
TICES.—A violation of this title shall be treated as 4
a violation of a rule defining an unfair or deceptive 5
act or practice prescribed under section 18(a)(1)(B) 6
of the Federal Trade Commission Act (15 U.S.C. 7
57a(a)(1)(B)). 8
(2) P
OWERS OF COMMISSION .— 9
(A) I
N GENERAL.—The Commission shall 10
enforce this title in the same manner, by the 11
same means, and with the same jurisdiction, 12
powers, and duties as though all applicable 13
terms and provisions of the Federal Trade 14
Commission Act (15 U.S.C. 41 et seq.) were in-15
corporated into and made a part of this title. 16
(B) P
RIVILEGES AND IMMUNITIES .—Any 17
person who violates this title shall be subject to 18
the penalties and entitled to the privileges and 19
immunities provided in the Federal Trade Com-20
mission Act (15 U.S.C. 41 et seq.). 21
(3) A
UTHORITY PRESERVED .—Nothing in this 22
title shall be construed to limit the authority of the 23
Commission under any other provision of law. 24
(b) E
NFORCEMENT BY STATES.— 25
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(1) AUTHORIZATION.—Subject to paragraph 1
(3), in any case in which the attorney general of a 2
State has reason to believe that an interest of the 3
residents of the State has been or is threatened or 4
adversely affected by the engagement of a social 5
media platform in a practice that violates this title, 6
the attorney general of the State may, as parens 7
patriae, bring a civil action against the social media 8
platform on behalf of the residents of the State in 9
an appropriate district court of the United States 10
to— 11
(A) enjoin that practice; 12
(B) enforce compliance with this title; 13
(C) on behalf of residents of the States, 14
obtain damages, restitution, or other compensa-15
tion, each of which shall be distributed in ac-16
cordance with State law; or 17
(D) obtain such other relief as the court 18
may consider to be appropriate. 19
(2) R
IGHTS OF FEDERAL TRADE COMMIS -20
SION.— 21
(A) N
OTICE TO FEDERAL TRADE COMMIS -22
SION.— 23
(i) I
N GENERAL.—The attorney gen-24
eral of a State shall notify the Commission 25
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in writing that the attorney general in-1
tends to bring a civil action under para-2
graph (1) before the filing of the civil ac-3
tion. 4
(ii) C
ONTENTS.—The notification re-5
quired under clause (i) with respect to a 6
civil action shall include a copy of the com-7
plaint to be filed to initiate the civil action. 8
(iii) Clause (i) shall not apply with re-9
spect to the filing of an action by an attor-10
ney general of a State under this para-11
graph if the attorney general of the State 12
determines that it not feasible to provide 13
the notice required in that clause before 14
filing the action. 15
(B) I
NTERVENTION BY FEDERAL TRADE 16
COMMISSION.—Upon receiving notice under 17
subparagraph (A)(i), the Commission shall have 18
the right to intervene in the action that is the 19
subject of the notice. 20
(3) E
FFECT OF INTERVENTION .—If the Com-21
mission intervenes in an action under paragraph (1), 22
it shall have the right— 23
(A) to be heard with respect to any matter 24
that arises in that action; and 25
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(B) file a petition for appeal. 1
(4) I
NVESTIGATORY POWERS .—Nothing in this 2
subsection may be construed to prevent the attorney 3
general of a State from exercising the powers con-4
ferred on the attorney general by the laws of the 5
State to— 6
(A) conduct investigations; 7
(B) administer oaths or affirmations; or 8
(C) compel the attendance of witnesses or 9
the production of documentary or other evi-10
dence. 11
(5) P
REEMPTIVE ACTION BY FEDERAL TRADE 12
COMMISSION.—In any case in which an action is in-13
stituted by or on behalf of the Commission for a vio-14
lation of this Act, no State may , during the pend-15
ency of that action, institute a separate civil action 16
under paragraph (1) against any defendant named 17
in the complaint in the action instituted by or on be-18
half of the Commission for that violation. 19
(6) V
ENUE; SERVICE OF PROCESS.— 20
(A) V
ENUE.—Any action brought under 21
paragraph (1) may be brought in— 22
(i) the district court of the United 23
States that meets applicable requirements 24
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relating to venue under section 1391 of 1
title 28, United States Code; or 2
(ii) another court of competent juris-3
diction. 4
(B) S
ERVICE OF PROCESS.—In an action 5
brought under paragraph (1), process may be 6
served in any district in which the defendant— 7
(i) is an inhabitant; or 8
(ii) may be found. 9
SEC. 107. RELATIONSHIP TO OTHER LAWS. 10
The provisions of this title shall preempt any State 11
law, rule, or regulation only to the extent that such State 12
law, rule, or regulation conflicts with a provision of this 13
title. Nothing in this title shall be construed to prohibit 14
a State from enacting a law, rule, or regulation that pro-15
vides greater protection to children or teens than the pro-16
tection provided by the provisions of this title. Nothing 17
in this title shall be construed to— 18
(1) affect the application of— 19
(A) section 444 of the General Education 20
Provisions Act (20 U.S.C. 1232g, commonly 21
known as the ‘‘Family Educational Rights and 22
Privacy Act of 1974’’) or other Federal or State 23
laws governing student privacy; or 24
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(B) the Children’s Online Privacy Protec-1
tion Act of 1998 (15 U.S.C. 6501 et seq.) or 2
any rule or regulation promulgated under such 3
Act; or 4
(2) authorize any action that would conflict 5
with section 18(h) of the Federal Trade Commission 6
Act (15 U.S.C. 57a(h)). 7
SEC. 108. EFFECTIVE DATE. 8
This title shall take effect 1 year after the date of 9
enactment of this Act. 10
TITLE II—EYES ON THE BOARD 11
ACT OF 2025 12
SEC. 201. SHORT TITLE. 13
This title may be cited as the ‘‘Eyes on the Board 14
Act of 2025’’. 15
SEC. 202. UPDATING THE CHILDREN’S INTERNET PROTEC-16
TION ACT TO INCLUDE SOCIAL MEDIA PLAT-17
FORMS. 18
(a) I
NGENERAL.—Section 1721 of the Children’s 19
Internet Protection Act (title XVII of Public Law 106– 20
554) is amended— 21
(1) by redesignating subsections (f) through (h) 22
as subsections (g) through (i), respectively; and 23
(2) by inserting after subsection (e) the fol-24
lowing: 25
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‘‘(f) LIMITATION ONUSE OFSCHOOLBROADBAND 1
S
UBSIDIES FOR ACCESS TO SOCIALMEDIAPLAT-2
FORMS.— 3
‘‘(1) D
EFINITIONS.—In this subsection: 4
‘‘(A) C
OMMISSION.—The term ‘Commis-5
sion’ means the Federal Communications Com-6
mission. 7
‘‘(B) S
ECTION 254(H).—The term ‘section 8
254(h)’ means section 254(h) of the Commu-9
nications Act of 1934 (47 U.S.C. 254(h)). 10
‘‘(C) S
OCIAL MEDIA PLATFORM .—The 11
term ‘social media platform’— 12
‘‘(i) means any website, online service, 13
online application, or mobile application 14
that— 15
‘‘(I) serves the public; and 16
‘‘(II) primarily provides a forum 17
for users to communicate user-gen-18
erated content, including messages, 19
videos, images, and audio files, to 20
other online users; and 21
‘‘(ii) does not include— 22
‘‘(I) an internet service provider; 23
‘‘(II) electronic mail; 24
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‘‘(III) an online service, applica-1
tion, or website— 2
‘‘(aa) that consists primarily 3
of content that is not user-gen-4
erated, but is preselected by the 5
provider; and 6
‘‘(bb) for which any chat, 7
comment, or interactive 8
functionality is incidental to, di-9
rectly related to, or dependent on 10
the provision of content described 11
in item (aa); 12
‘‘(IV) an online service, applica-13
tion, or website— 14
‘‘(aa) that is non-commercial 15
and primarily designed for edu-16
cational purposes; and 17
‘‘(bb) the revenue of which 18
is not primarily derived from ad-19
vertising or the sale of personal 20
data; 21
‘‘(V) a wireless messaging serv-22
ice, including such a service provided 23
through a short messaging service or 24
multimedia service protocols— 25
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‘‘(aa) that is not a compo-1
nent of, or linked to, a website, 2
online service, online application, 3
or mobile application described in 4
clause (i); and 5
‘‘(bb) the predominant or 6
exclusive function of which is di-7
rect messaging consisting of the 8
transmission of text, photos, or 9
videos that— 10
‘‘(AA) are sent by elec-11
tronic means from the send-12
er to a recipient; and 13
‘‘(BB) are not posted 14
publicly or on a website, on-15
line service, online applica-16
tion, or mobile application 17
described in clause (i); 18
‘‘(VI) a teleconferencing or video 19
conferencing service that allows for 20
the reception and transmission of 21
audio or video signals for real-time 22
communication that is initiated by 23
using a unique link or identifier to fa-24
cilitate access; 25
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‘‘(VII) a product or service that 1
primarily functions as business-to- 2
business software or a cloud storage, 3
file sharing, or file collaboration serv-4
ice; or 5
‘‘(VIII) an organization that is 6
not organized to carry on business for 7
the profit of the organization or of the 8
members of the organization. 9
‘‘(D) T
ECHNOLOGY PROTECTION MEAS -10
URE.—The term ‘technology protection meas-11
ure’ means a specific technology that blocks or 12
filters access to a social media platform. 13
‘‘(2) R
EQUIREMENTS WITH RESPECT TO SOCIAL 14
MEDIA PLATFORMS.— 15
‘‘(A) I
N GENERAL.— 16
‘‘(i) C
ERTIFICATION REQUIRED .—An 17
elementary or secondary school that is sub-18
ject to paragraph (5) of section 254(h) 19
may not receive services at discount rates 20
under section 254(h) unless the school, 21
school board, local educational agency, or 22
other authority with responsibility for ad-23
ministration of the school— 24
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‘‘(I) submits to the Commission 1
the certification described in subpara-2
graph (B); and 3
‘‘(II) ensures that the use of the 4
school’s supported services, devices, 5
and networks is in accordance with 6
the certification described in subclause 7
(I). 8
‘‘(ii) R
ULE OF CONSTRUCTION .— 9
Nothing in clause (i) may be construed to 10
prohibit— 11
‘‘(I) district-sanctioned or school- 12
sanctioned learning management sys-13
tems and school information systems 14
used for purposes of schools conveying 15
content related to the education of 16
students; or 17
‘‘(II) a teacher from using a so-18
cial media platform for educational in-19
struction. 20
‘‘(B) C
ERTIFICATION WITH RESPECT TO 21
STUDENTS AND SOCIAL MEDIA .— 22
‘‘(i) I
N GENERAL.—A certification 23
under this subparagraph is a certification 24
that the applicable school, school board, 25
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local educational agency, or other authority 1
with responsibility for administration of 2
the school— 3
‘‘(I) is enforcing a policy of pre-4
venting students of the school from 5
accessing social media platforms on 6
any supported service, device, or net-7
work that includes— 8
‘‘(aa) monitoring the online 9
activities of any such service, de-10
vice, or network to determine if 11
those students are accessing so-12
cial media platforms; and 13
‘‘(bb) the operation of a 14
technology protection measure 15
with respect to those services, de-16
vices, and networks that protects 17
against access by those students 18
to a social media platform; and 19
‘‘(II) is enforcing the operation 20
of the technology protection measure 21
described in subclause (I) during any 22
use of supported services, devices, or 23
networks by students of the school. 24
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‘‘(ii) RULE OF CONSTRUCTION .— 1
Nothing in this subparagraph may be con-2
strued to require the applicable school, 3
school board, local educational agency, or 4
other authority to track an individual 5
website, online application, or mobile appli-6
cation that a student is attempting to ac-7
cess (or any search terms used by, or the 8
browsing history of a student) beyond the 9
identity of the website or application and 10
whether access to the website or applica-11
tion is blocked by a technology protection 12
measure because the website or application 13
is a social media platform. 14
‘‘(C) T
IMING OF IMPLEMENTATION .— 15
‘‘(i) I
N GENERAL.—In the case of a 16
school to which this paragraph applies, the 17
certification under this paragraph shall be 18
made— 19
‘‘(I) with respect to the first pro-20
gram funding year under section 21
254(h) after the date of enactment of 22
the Eyes on the Board Act of 2025, 23
not later than 120 days after the be-24
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ginning of that program funding year; 1
and 2
‘‘(II) with respect to any subse-3
quent funding year, as part of the ap-4
plication process for that program 5
funding year. 6
‘‘(ii) P
ROCESS.— 7
‘‘(I) S
CHOOLS WITH MEASURES 8
IN PLACE.—A school covered by 9
clause (i) that has in place measures 10
meeting the requirements necessary 11
for certification under this paragraph 12
shall certify its compliance with this 13
paragraph during each annual pro-14
gram application cycle under section 15
254(h), except that, with respect to 16
the first program funding year after 17
the date of enactment of the Eyes on 18
the Board Act of 2025, the certifi-19
cation shall be made not later than 20
120 days after the beginning of that 21
first program funding year. 22
‘‘(II) S
CHOOLS WITHOUT MEAS -23
URES IN PLACE.— 24
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‘‘(aa) FIRST 2 PROGRAM 1
YEARS.—A school covered by 2
clause (i) that does not have in 3
place measures meeting the re-4
quirements for certification under 5
this paragraph— 6
‘‘(AA) for the first pro-7
gram year after the date of 8
enactment of the Eyes on 9
the Board Act of 2025 in 10
which the school is applying 11
for funds under section 12
254(h), shall certify that the 13
school is undertaking such 14
actions, including any nec-15
essary procurement proce-16
dures, to put in place meas-17
ures meeting the require-18
ments for certification under 19
this paragraph; and 20
‘‘(BB) for the second 21
program year after the date 22
of enactment of the Eyes on 23
the Board Act of 2025 in 24
which the school is applying 25
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for funds under section 1
254(h), shall certify that the 2
school is in compliance with 3
this paragraph. 4
‘‘(bb) S
UBSEQUENT PRO -5
GRAM YEARS.—Any school that is 6
unable to certify compliance with 7
such requirements in such second 8
program year shall be ineligible 9
for services at discount rates or 10
funding in lieu of services at such 11
rates under section 254(h) for 12
such second year and all subse-13
quent program years under sec-14
tion 254(h), until such time as 15
such school comes into compli-16
ance with this paragraph. 17
‘‘(III) W
AIVERS.—Any school 18
subject to subclause (II) that cannot 19
come into compliance with subpara-20
graph (B) in such second program 21
year may seek a waiver of subclause 22
(II)(aa)(BB) if State or local procure-23
ment rules or regulations or competi-24
tive bidding requirements prevent the 25
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making of the certification otherwise 1
required by such subclause. A school, 2
school board, local educational agency, 3
or other authority with responsibility 4
for administration of the school shall 5
notify the Commission of the applica-6
bility of such subclause to the school. 7
Such notice shall certify that the 8
school in question will be brought into 9
compliance before the start of the 10
third program year after the date of 11
enactment of the Eyes on the Board 12
Act of 2025 in which the school is ap-13
plying for funds under section 254(h). 14
‘‘(D) N
ONCOMPLIANCE.— 15
‘‘(i) F
AILURE TO SUBMIT CERTIFI -16
CATION.—Any school that knowingly fails 17
to comply with the application guidelines 18
regarding the annual submission of a cer-19
tification required by this paragraph shall 20
not be eligible for services at discount rates 21
or funding in lieu of services at such rates 22
under section 254(h). 23
‘‘(ii) F
AILURE TO COMPLY WITH CER -24
TIFICATION.—Any school that knowingly 25
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fails to ensure the use of its supported 1
services, devices, and networks is in ac-2
cordance with a certification under sub-3
paragraph (B) shall reimburse any funds 4
and discounts received under section 5
254(h) for the period covered by such cer-6
tification. 7
‘‘(iii) R
EMEDY OF NONCOMPLIANCE .— 8
‘‘(I) F
AILURE TO SUBMIT .—A 9
school that has failed to submit a cer-10
tification under clause (i) may remedy 11
the failure by submitting the certifi-12
cation to which the failure relates. 13
Upon submittal of such certification, 14
the school shall be eligible for services 15
at discount rates under section 16
254(h). 17
‘‘(II) F
AILURE TO COMPLY .—A 18
school that has failed to comply with 19
a certification as described in clause 20
(ii) may remedy the failure by ensur-21
ing that the use of its supported serv-22
ices, devices, and networks is in ac-23
cordance with such certification. Upon 24
submittal to the Commission of a cer-25
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tification or other appropriate evi-1
dence of such remedy, the school shall 2
be eligible for services at discount 3
rates under section 254(h). 4
‘‘(E) R
ULE OF CONSTRUCTION .—Nothing 5
in this paragraph may be construed to consider 6
a school, school board, local educational agency, 7
or other authority with responsibility for the ad-8
ministration of a school in violation of this 9
paragraph, or subject to a delay in the proc-10
essing of funding applications or requests for 11
reimbursement, if that school, school board, 12
local educational agency, or other authority 13
makes a good faith effort to comply with this 14
paragraph and to correct a known violation of 15
this paragraph within a reasonable period of 16
time. 17
‘‘(3) E
NFORCEMENT.— 18
‘‘(A) I
N GENERAL .—The Commission 19
shall— 20
‘‘(i) not later than 120 days after the 21
date of enactment of the Eyes on the 22
Board Act of 2025, amend the rules of the 23
Commission to carry out this subsection; 24
and 25
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‘‘(ii) subject to subparagraph (B), en-1
force this subsection, and any rules issued 2
under this subsection, as if this subsection 3
and those rules were part of the Commu-4
nications Act of 1934 (47 U.S.C. 151 et 5
seq.) or the rules issued under that Act. 6
‘‘(B) L
IMITATIONS.— 7
‘‘(i) N
ONCOMPLIANCE DESPITE GOOD 8
FAITH EFFORTS.—The Commission may 9
not seek recovery of funding provided 10
under section 254(h), or delay the proc-11
essing of a funding application, because of 12
the violation by a school, school board, 13
local educational agency, or other authority 14
with responsibility for administration of 15
the school of any requirement of this sub-16
section, or any rule issued under this sub-17
section, if the school, school board, local 18
educational agency, or other authority with 19
responsibility for administration of the 20
school made a good faith effort to comply 21
with that requirement and correct any 22
known violations of that requirement with-23
in a reasonable period of time. 24
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‘‘(ii) NONCOMPLIANCE WITHOUT 1
GOOD FAITH EFFORTS .—With respect to 2
any violation of a requirement of this sub-3
section, or any rule issued under this sub-4
section, in which a school, school board, 5
local educational agency, or other authority 6
with responsibility for administration of 7
the school does not make a good faith ef-8
fort to comply with that requirement, or 9
does not correct any known violation of 10
that requirement within a reasonable pe-11
riod of time, the Commission shall seek re-12
covery of the funding provided to the 13
school under section 254(h) for such pe-14
riod consistent with the remedy established 15
under paragraph (2)(D)(iii). 16
‘‘(4) E
XEMPTION FOR CERTAIN LIBRARIES .— 17
Nothing in this subsection may be construed to re-18
quire a library (as defined in section 213 of the Mu-19
seum and Library Services Act (20 U.S.C. 9122)), 20
except a library of an elementary or secondary 21
school, to comply with the requirements of this sub-22
section or any rule issued under this subsection.’’. 23
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(b) TECHNICAL ANDCONFORMINGAMENDMENTS.— 1
Section 254(h) of the Communications Act of 1934 (47 2
U.S.C. 254(h)) is amended— 3
(1) in paragraph (5)(E)— 4
(A) in clause (i), in the matter preceding 5
subclause (I), by striking ‘‘1721(h)’’ and insert-6
ing ‘‘1721(i)’’; and 7
(B) in clause (ii)(I), by striking ‘‘1721(h)’’ 8
and inserting ‘‘1721(i)’’; and 9
(2) in paragraph (6)(E)— 10
(A) in clause (i), in the matter preceding 11
subclause (I), by striking ‘‘1721(h)’’ and insert-12
ing ‘‘1721(i)’’; and 13
(B) in clause (ii)(I), by striking ‘‘1721(h)’’ 14
and inserting ‘‘1721(i)’’. 15
SEC. 203. INTERNET SAFETY POLICIES. 16
Section 254 of the Communications Act of 1934 (47 17
U.S.C. 254) is amended— 18
(1) in subsection (h)(5)— 19
(A) in subparagraph (A)(i)— 20
(i) in subclause (I), by inserting ‘‘and 21
copies of the Internet safety policy to 22
which each such certification pertains’’ be-23
fore the semicolon at the end; and 24
(ii) in subclause (II)— 25
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(I) by striking ‘‘Commission’’ 1
and all that follows through the end 2
of the subclause and inserting the fol-3
lowing: ‘‘Commission— 4
‘‘(aa) a certification that an 5
Internet safety policy described 6
in subclause (I) have been adopt-7
ed and implemented for the 8
school; and’’; and 9
(II) by adding at the end the fol-10
lowing: 11
‘‘(bb) copies of the Internet 12
safety policy described in item 13
(aa); and’’; and 14
(B) by adding at the end the following: 15
‘‘(G) D
ATABASE OF INTERNET SAFETY 16
POLICIES.—The Commission shall establish an 17
easily accessible, public database that contains 18
each Internet safety policy submitted to the 19
Commission under subclauses (I) and (II) of 20
subparagraph (A)(i).’’; and 21
(2) in subsection (l), by striking paragraph (3) 22
and inserting the following: 23
‘‘(3) A
VAILABILITY FOR REVIEW .—A copy of 24
each Internet safety policy adopted by a library 25
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under this subsection shall be made available to the 1
Commission, upon request of the Commission, by the 2
library for purposes of the review of the Internet 3
safety policy by the Commission.’’. 4
TITLE III—SEVERABILITY 5
SEC. 301. SEVERABILITY. 6
If any provision of this Act is determined to be unen-7
forceable or invalid, the remaining provisions of this Act 8
shall not be affected. 9
Æ
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