II 

118TH CONGRESS 

1ST SESSION S. 3074 

To prohibit schools that receive certain support from the Federal Communications Commission from allowing access to social media platforms on 

subsidized services, devices, or networks, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

OCTOBER 18, 2023 

Mr. CRUZ (for himself, Mr. BUDD, and Mrs. CAPITO) introduced the following 

bill; which was read twice and referred to the Committee on Commerce, 

Science, and Transportation 

A BILL 

To prohibit schools that receive certain support from the 

Federal Communications Commission from allowing access to social media platforms on subsidized services, 

devices, or networks, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Eyes on the Board 

5 Act of 2023’’. 

6 SEC. 2. DEFINITIONS. 

7 In this Act: 


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1 (1) COMMISSION.—The term ‘‘Commission’’ 

2 means the Federal Communications Commission. 

3 (2) COVERED SUPPORT.—The term ‘‘covered 

4 support’’ means support from— 

5 (A) the E-Rate program; or 

6 (B) the Emergency Connectivity Fund. 

7 (3) EMERGENCY CONNECTIVITY FUND.—The 

8 term ‘‘Emergency Connectivity Fund’’ means the 

9 fund established under section 7402(c)(1) of the 

10 American Rescue Plan Act of 2021 (47 U.S.C. 254 

11 note). 

12 (4) E-RATE PROGRAM.—The term ‘‘E-rate pro13 gram’’ means the universal service program for 

14 schools and libraries established under section 

15 254(h) of the Communications Act of 1934 (47 

16 U.S.C. 254(h)), the rules of which are set forth 

17 under subpart F of part 54 of title 47, Code of Fed18 eral Regulations, or any successor regulations. 

19 (5) SOCIAL MEDIA PLATFORM.—The term ‘‘so20 cial media platform’’— 

21 (A) means any website, online service, on22 line application, or mobile application that— 

23 (i) serves the public; and 

24 (ii) primarily provides a forum for 

25 users to communicate user-generated conVerDate Sep 11 2014 01:40 Oct 20, 2023 Jkt 049200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S3074.IS S3074

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1 tent, including messages, videos, images, 

2 games, and audio files, to other online 

3 users; and 

4 (B) does not include— 

5 (i) an internet service provider; 

6 (ii) electronic mail; or 

7 (iii) an online service, application, or 

8 website— 

9 (I) that consists primarily of con10 tent that is not user-generated, but is 

11 preselected by the provider; and 

12 (II) for which any chat, com13 ment, or interactive functionality is 

14 incidental to, directly related to, or 

15 dependent on the provision of content 

16 described in subclause (I). 

17 SEC. 3. PROHIBITION ON USE OF SCHOOL BROADBAND 

18 SUBSIDIES FOR ACCESS TO SOCIAL MEDIA 

19 PLATFORMS. 

20 (a) PROHIBITION.— 

21 (1) IN GENERAL.—Except for purposes of com22 plying with section 254(h)(5)(B)(iii) of the Commu23 nications Act of 1934 (47 U.S.C. 254(h)(5)(B)(iii)), 

24 a school that receives covered support may not allow 


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1 access to a social media platform to students on any 

2 supported service, device, or network. 

3 (2) RULE OF CONSTRUCTION.—Nothing in 

4 paragraph (1) may be construed to prohibit parent5 sanctioned learning management systems and school 

6 information systems used for purposes of schools 

7 conveying content related to the education of stu8 dents. 

9 (b) CERTIFICATION.— 

10 (1) CERTIFICATION FOR E-RATE APPLICANTS.— 

11 Beginning in the first funding year that begins after 

12 the date of enactment of this Act, each school apply13 ing for support under the E-Rate program (without 

14 regard to whether the school submits an application 

15 directly for that support or such an application is 

16 submitted on behalf of the school by a consortium or 

17 school district), as a condition for receiving that sup18 port, shall, during each annual application cycle, cer19 tify that the school will comply with the require20 ments of this section for the year covered by the ap21 plication. 

22 (2) CERTIFICATION FOR EMERGENCY

23 CONNECTIVITY FUND APPLICANTS.—The Commis24 sion may not provide support from amounts made 

25 available from the Emergency Connectivity Fund to 


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1 any school that has not certified compliance with the 

2 requirements of this section as of the date that is 

3 180 days after the date of enactment of this Act. 

4 (c) ENFORCEMENT.—The Commission shall— 

5 (1) not later than 120 days after the date of 

6 enactment of this Act, amend the rules of the Com7 mission to carry out this section; and 

8 (2) enforce this section, and any rules issued 

9 under this section, as if this section and those rules 

10 were part of the Communications Act of 1934 (47 

11 U.S.C. 151 et seq.) or the American Rescue Plan 

12 Act of 2021 (Public Law 117–2; 135 Stat. 4), as ap13 plicable, or the rules issued under either such Act. 

14 SEC. 4. EMPOWERING TRANSPARENCY AND PARENTAL LIM15 ITS ON SCREEN TIME IN SCHOOLS. 

16 (a) IN GENERAL.—Section 254(h)(5)(B) of the Com17 munications Act of 1934 (47 U.S.C. 254(h)(5)(B)) is 

18 amended— 

19 (1) in clause (ii), by striking ‘‘and’’ at the end; 

20 (2) in clause (iii), by striking the period at the 

21 end and inserting ‘‘; and’’; and 

22 (3) by adding at the end the following: 

23 ‘‘(iv) has adopted a screen time policy 

24 that includes guidelines, disaggregated by 

25 grade, for the number of hours and uses of 


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1 screen time that may be assigned to stu2 dents, whether during school hours or as 

3 homework, on a regular basis.’’. 

4 (b) CERTIFICATION AND REPORTING.—Beginning in 

5 the first funding year that begins after the date of enact6 ment of this Act, each school seeking covered support 

7 (without regard to whether the school submits an applica8 tion directly for that covered support or such an applica9 tion is submitted on behalf of the school by a consortium 

10 or school district) shall, as a condition of receiving that 

11 covered support— 

12 (1) certify that the school will comply with the 

13 requirements of this section and the amendments 

14 made by this section for the year covered by the ap15 plication; and 

16 (2) provide to the Commission a copy of the 

17 screen time policy of the school to which the certifi18 cation relates. 

19 (c) COMMISSION REQUIREMENTS.—The Commission 

20 shall, not later than 120 days after the date of enactment 

21 of this Act, amend the rules of the Commission to carry 

22 out this section and the amendments made by this section. 

23 SEC. 5. INTERNET SAFETY POLICIES. 

24 Section 254 of the Communications Act of 1934 (47 

25 U.S.C. 254) is amended— 


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1 (1) in subsection (h)(5)— 

2 (A) in subparagraph (A)(i)— 

3 (i) in subclause (I), by inserting ‘‘and 

4 copies of the internet safety policy and 

5 screen time policy to which each such cer6 tification pertains’’ before the semicolon at 

7 the end; and 

8 (ii) in subclause (II)— 

9 (I) by striking ‘‘Commission’’ 

10 and all that follows through the end 

11 of the subclause and inserting the fol12 lowing: ‘‘Commission— 

13 ‘‘(aa) a certification that an 

14 internet safety policy and screen 

15 time policy described in subclause 

16 (I) have been adopted and imple17 mented for the school; and’’; and 

18 (II) by adding at the end the fol19 lowing: 

20 ‘‘(bb) copies of the internet 

21 safety policy and screen time pol22 icy described in item (aa); and’’; 

23 and 

24 (B) by adding at the end the following: 


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1 ‘‘(G) DATABASE OF INTERNET SAFETY

2 AND SCREEN TIME POLICIES.—The Commission 

3 shall establish an easily accessible, public data4 base that contains each internet safety policy 

5 and screen time policy submitted to the Com6 mission under subclauses (I) and (II) of sub7 paragraph (A)(i).’’; and 

8 (2) in subsection (l), by striking paragraph (3) 

9 and inserting the following: 

10 ‘‘(3) AVAILABILITY FOR REVIEW.—A copy of 

11 each internet safety policy adopted by a library 

12 under this subsection shall be made available to the 

13 Commission, upon request of the Commission, by the 

14 library for purposes of the review of the internet 

15 safety policy by the Commission.’’. 

Æ 


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