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[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 278 Introduced in Senate (IS)]

<DOC>

119th CONGRESS
  1st Session
                                 S. 278

  To prohibit users who are under age 13 from accessing social media 
 platforms, to prohibit the use of personalized recommendation systems 
   on individuals under age 17, and limit the use of social media in 
                                schools.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                            January 28, 2025

 Mr. Schatz (for himself, Mr. Cruz, Mr. Murphy, Mrs. Britt, Mr. Welch, 
    Mr. Budd, 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 personalized 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 Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Kids Off Social 
Media Act''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

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 MEDIA ACT

SEC. 101. SHORT TITLE.

    This title may be referred to as the ``Kids Off Social Media Act''.

SEC. 102. DEFINITIONS.

    In this title:
            (1) Personalized recommendation system.--The term 
        ``personalized recommendation system'' means a fully or 
        partially automated system used to suggest, promote, or rank 
        content, including other users or posts, based on the personal 
        data of users.
            (2) Child.--The term ``child'' means an individual under 
        the age of 13.
            (3) Commission.--The term ``Commission'' means the Federal 
        Trade Commission.
            (4) Know or knows.--The term ``know'' or ``knows'' means to 
        have actual knowledge or knowledge fairly implied on the basis 
        of objective circumstances.
            (5) Personal data.--The term ``personal data'' has the same 
        meaning as the term ``personal information'' as defined in 
        section 1302 of the Children's Online Privacy Protection Act 
        (15 U.S.C. 6501) .
            (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 its 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 its 
                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.
            (7) Teen.--The term ``teen'' means an individual over the 
        age of 12 and under the age of 17.
            (8) User.--The term ``user'' means, with respect to a 
        social media platform, an individual who registers an account 
        or creates a profile on the social media platform.

SEC. 103. NO CHILDREN UNDER 13.

    (a) No Accounts for Children Under 13.--A social media platform 
shall not permit an individual to create or maintain an account or 
profile if it knows that the individual is a child.
    (b) Termination of Existing Accounts Belonging to Children.--A 
social media platform shall terminate any existing account or profile 
of a user who the social media platform knows is a child.
    (c) Deletion of Children's Personal Data.--
            (1) In general.--Subject to paragraph (2), upon termination 
        of an existing account or profile of a user pursuant to 
        subsection (b), a social media platform shall immediately 
        delete all personal data collected from the user or submitted 
        by the user to the social media platform.
            (2) Children's access to personal data.--To the extent 
        technically feasible and not in violation of any licensing 
        agreement, a social media platform shall allow the user of an 
        existing account or profile that the social media platform has 
        terminated under subsection (b), from the date such termination 
        occurs to the date that is 90 days after such date, to request, 
        and shall provide to such user upon such request, a copy of the 
        personal data collected from the user or submitted by the user 
        to the social media platform both--
                    (A) in a manner that is readable and which a 
                reasonable person can understand; and
                    (B) in a portable, structured, and machine-readable 
                format.
    (d) Rule of Construction.--Nothing in subsection (c) shall be 
construed to prohibit a social media platform from retaining a record 
of the termination of an account or profile and the minimum information 
necessary for the purposes of ensuring compliance with this section.

SEC. 104. PROHIBITION ON THE USE OF PERSONALIZED RECOMMENDATION SYSTEMS 
              ON CHILDREN OR TEENS.

    (a) In General.--
            (1) Prohibition on use of personalized recommendation 
        systems on children or teens.--Except as provided in paragraph 
        (2), a social media platform shall not use the personal data of 
        a user or visitor in a personalized recommendation system to 
        display content if the platform knows that the user or visitor 
        is a child or teen.
            (2) Exception.--A social media platform may use a 
        personalized recommendation system to display content to a 
        child or teen if the system only uses the following personal 
        data of the child or teen:
                    (A) The type of device used by the child or teen.
                    (B) The languages used by the child or teen to 
                communicate.
                    (C) The city or town in which the child or teen is 
                located.
                    (D) The fact that the individual is a child or 
                teen.
                    (E) The age of the child or teen.
    (b) Rule of Construction.--The prohibition in subsection (a) shall 
not be construed to--
            (1) prevent a social media platform from providing search 
        results to a child or teen deliberately or independently 
        searching for (such as by typing a phrase into a search bar or 
        providing spoken input), or specifically requesting, content, 
        so long as such results are not based on the personal data of 
        the child or teen (except to the extent permitted under 
        subsection (a)(2));
            (2) prevent a social media platform from taking reasonable 
        measures to--
                    (A) block, detect, or prevent the distribution of 
                unlawful or obscene material;
                    (B) block or filter spam, or protect the security 
                of a platform or service; or
                    (C) prevent criminal activity; or
            (3) prohibit a social media platform from displaying user-
        generated content that has been selected, followed, or 
        subscribed to by a teen account holder as long as the display 
        of the content is based on a chronological format.

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.

    (a) Rules of Construction.--For purposes of enforcing this title, 
in making a determination as to whether a social media platform has 
knowledge fairly implied on the basis of objective circumstances that a 
user is a child or teen, the Commission or the attorney general of a 
State, as applicable, shall rely on competent and reliable evidence, 
taking into account the totality of circumstances, including whether a 
reasonable and prudent person under the circumstances would have known 
that the user is a child or teen.
    (b) Protections for Privacy.--Nothing in this title, including a 
determination described in subsection (a), shall be construed to 
require a social media platform to--
            (1) implement an age gating or age verification 
        functionality; or
            (2) affirmatively collect any personal data with respect to 
        the age of users that the social media platform is not already 
        collecting in the normal course of business.
    (c) Restriction on Use and Retention of Personal Data.--If a social 
media platform or a third party acting on behalf of a social media 
platform voluntarily collects personal data for the purpose of 
complying with this title, the social media platform or a third party 
shall not--
            (1) use any personal data collected specifically for a 
        purpose other than for sole compliance with the obligations 
        under this title; or
            (2) retain any personal data collected from a user for 
        longer than is necessary to comply with the obligations under 
        this title or than is minimally necessary to demonstrate 
        compliance with this title.

SEC. 106. ENFORCEMENT.

    (a) Enforcement by Commission.--
            (1) Unfair or deceptive acts or practices.--A violation of 
        this title 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)).
            (2) Powers of commission.--
                    (A) In general.--The Commission shall enforce this 
                title 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 title.
                    (B) Privileges and immunities.--Any person who 
                violates this title 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) Authority preserved.--Nothing in this title shall be 
        construed to limit the authority of the Commission under any 
        other provision of law.
    (b) Enforcement by States.--
            (1) Authorization.--Subject to paragraph (3), in any case 
        in which the attorney general of a State has reason to believe 
        that an interest of the residents of the State has been or is 
        threatened or adversely affected by the engagement of a social 
        media platform in a practice that violates this title, the 
        attorney general of the State may, as parens patriae, bring a 
        civil action against the social media platform on behalf of the 
        residents of the State in an appropriate district court of the 
        United States to--
                    (A) enjoin that practice;
                    (B) enforce compliance with this title;
                    (C) on behalf of residents of the States, obtain 
                damages, restitution, or other compensation, each of 
                which shall be distributed in accordance with State 
                law; or
                    (D) obtain such other relief as the court may 
                consider to be appropriate.
            (2) Rights of federal trade commission.--
                    (A) Notice to federal trade commission.--
                            (i) In general.--The attorney general of a 
                        State shall notify the Commission in writing 
                        that the attorney general intends to bring a 
                        civil action under paragraph (1) before the 
                        filing of the civil action.
                            (ii) Contents.--The notification required 
                        under clause (i) with respect to a civil action 
                        shall include a copy of the complaint to be 
                        filed to initiate the civil action.
                            (iii) 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 not feasible to provide the 
                        notice required in that clause before filing 
                        the action.
                    (B) Intervention by federal trade commission.--Upon 
                receiving notice under subparagraph (A)(i), the 
                Commission shall have the right to intervene in the 
                action that is the subject of the notice.
            (3) Effect of intervention.--If the Commission intervenes 
        in an action under paragraph (1), it shall have the right--
                    (A) to be heard with respect to any matter that 
                arises in that action; and
                    (B) file a petition for appeal.
            (4) Investigatory powers.--Nothing in this subsection may 
        be construed to prevent the attorney general of a State from 
        exercising the powers conferred on the attorney general by the 
        laws of the State to--
                    (A) conduct investigations;
                    (B) administer oaths or affirmations; or
                    (C) compel the attendance of witnesses or the 
                production of documentary or other evidence.
            (5) Preemptive action by federal trade commission.--In any 
        case in which an action is instituted by or on behalf of the 
        Commission for a violation of this Act, no State may , during 
        the pendency of that action, institute a separate civil 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.
            (6) 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) another court of competent 
                        jurisdiction.
                    (B) Service of process.--In an action brought under 
                paragraph (1), process may be served in any district in 
                which the defendant--
                            (i) is an inhabitant; or
                            (ii) may be found.

SEC. 107. RELATIONSHIP TO OTHER LAWS.

    The provisions of this title shall preempt any State law, rule, or 
regulation only to the extent that such State law, rule, or regulation 
conflicts with a provision of this title. Nothing in this title shall 
be construed to prohibit a State from enacting a law, rule, or 
regulation that provides greater protection to children or teens than 
the protection provided by the provisions of this title. Nothing in 
this title shall be construed to--
            (1) affect the application of--
                    (A) section 444 of the General Education Provisions 
                Act (20 U.S.C. 1232g, commonly known as the ``Family 
                Educational Rights and Privacy Act of 1974'') or other 
                Federal or State laws governing student privacy; or
                    (B) the Children's Online Privacy Protection Act of 
                1998 (15 U.S.C. 6501 et seq.) or any rule or regulation 
                promulgated under such Act; or
            (2) authorize any action that would conflict with section 
        18(h) of the Federal Trade Commission Act (15 U.S.C. 57a(h)).

SEC. 108. EFFECTIVE DATE.

    This title shall take effect 1 year after the date of enactment of 
this Act.

                TITLE II--EYES ON THE BOARD ACT OF 2025

SEC. 201. SHORT TITLE.

    This title may be cited as the ``Eyes on the Board Act of 2025''.

SEC. 202. UPDATING THE CHILDREN'S INTERNET PROTECTION ACT TO INCLUDE 
              SOCIAL MEDIA PLATFORMS.

    (a) In General.--Section 1721 of the Children's Internet Protection 
Act (title XVII of Public Law 106-554) is amended--
            (1) by redesignating subsections (f) through (h) as 
        subsections (g) through (i), respectively; and
            (2) by inserting after subsection (e) the following:
    ``(f) Limitation on Use of School Broadband Subsidies for Access to 
Social Media Platforms.--
            ``(1) Definitions.--In this subsection:
                    ``(A) Commission.--The term `Commission' means the 
                Federal Communications Commission.
                    ``(B) Section 254(h).--The term `section 254(h)' 
                means section 254(h) of the Communications Act of 1934 
                (47 U.S.C. 254(h)).
                    ``(C) Social media platform.--The term `social 
                media platform'--
                            ``(i) means any website, online service, 
                        online application, or mobile application 
                        that--
                                    ``(I) serves the public; and
                                    ``(II) primarily provides a forum 
                                for users to communicate user-generated 
                                content, including messages, videos, 
                                images, and audio files, to other 
                                online users; and
                            ``(ii) does not include--
                                    ``(I) an internet service provider;
                                    ``(II) electronic mail;
                                    ``(III) an online service, 
                                application, or website--
                                            ``(aa) that consists 
                                        primarily of content that is 
                                        not user-generated, but is 
                                        preselected by the provider; 
                                        and
                                            ``(bb) for which any chat, 
                                        comment, or interactive 
                                        functionality is incidental to, 
                                        directly related to, or 
                                        dependent on the provision of 
                                        content described in item (aa);
                                    ``(IV) an online service, 
                                application, or website--
                                            ``(aa) that is non-
                                        commercial and primarily 
                                        designed for educational 
                                        purposes; and
                                            ``(bb) the revenue of which 
                                        is not primarily derived from 
                                        advertising or the sale of 
                                        personal data;
                                    ``(V) a wireless messaging service, 
                                including such a service provided 
                                through a short messaging service or 
                                multimedia service protocols--
                                            ``(aa) that is not a 
                                        component of, or linked to, a 
                                        website, online service, online 
                                        application, or mobile 
                                        application described in clause 
                                        (i); and
                                            ``(bb) the predominant or 
                                        exclusive function of which is 
                                        direct messaging consisting of 
                                        the transmission of text, 
                                        photos, or videos that--

                                                    ``(AA) are sent by 
                                                electronic means from 
                                                the sender to a 
                                                recipient; and

                                                    ``(BB) are not 
                                                posted publicly or on a 
                                                website, online 
                                                service, online 
                                                application, or mobile 
                                                application described 
                                                in clause (i);

                                    ``(VI) a teleconferencing or video 
                                conferencing service that allows for 
                                the reception and transmission of audio 
                                or video signals for real-time 
                                communication that is initiated by 
                                using a unique link or identifier to 
                                facilitate access;
                                    ``(VII) a product or service that 
                                primarily functions as business-to-
                                business software or a cloud storage, 
                                file sharing, or file collaboration 
                                service; or
                                    ``(VIII) an organization that is 
                                not organized to carry on business for 
                                the profit of the organization or of 
                                the members of the organization.
                    ``(D) Technology protection measure.--The term 
                `technology protection measure' means a specific 
                technology that blocks or filters access to a social 
                media platform.
            ``(2) Requirements with respect to social media 
        platforms.--
                    ``(A) In general.--
                            ``(i) Certification required.--An 
                        elementary or secondary school that is subject 
                        to paragraph (5) of section 254(h) may not 
                        receive services at discount rates under 
                        section 254(h) unless the school, school board, 
                        local educational agency, or other authority 
                        with responsibility for administration of the 
                        school--
                                    ``(I) submits to the Commission the 
                                certification described in subparagraph 
                                (B); and
                                    ``(II) ensures that the use of the 
                                school's supported services, devices, 
                                and networks is in accordance with the 
                                certification described in subclause 
                                (I).
                            ``(ii) Rule of construction.--Nothing in 
                        clause (i) may be construed to prohibit--
                                    ``(I) district-sanctioned or 
                                school-sanctioned learning management 
                                systems and school information systems 
                                used for purposes of schools conveying 
                                content related to the education of 
                                students; or
                                    ``(II) a teacher from using a 
                                social media platform for educational 
                                instruction.
                    ``(B) Certification with respect to students and 
                social media.--
                            ``(i) In general.--A certification under 
                        this subparagraph is a certification that the 
                        applicable school, school board, local 
                        educational agency, or other authority with 
                        responsibility for administration of the 
                        school--
                                    ``(I) is enforcing a policy of 
                                preventing students of the school from 
                                accessing social media platforms on any 
                                supported service, device, or network 
                                that includes--
                                            ``(aa) monitoring the 
                                        online activities of any such 
                                        service, device, or network to 
                                        determine if those students are 
                                        accessing social media 
                                        platforms; and
                                            ``(bb) the operation of a 
                                        technology protection measure 
                                        with respect to those services, 
                                        devices, and networks that 
                                        protects against access by 
                                        those students to a social 
                                        media platform; and
                                    ``(II) is enforcing the operation 
                                of the technology protection measure 
                                described in subclause (I) during any 
                                use of supported services, devices, or 
                                networks by students of the school.
                            ``(ii) Rule of construction.--Nothing in 
                        this subparagraph may be construed to require 
                        the applicable school, school board, local 
                        educational agency, or other authority to track 
                        an individual website, online application, or 
                        mobile application that a student is attempting 
                        to access (or any search terms used by, or the 
                        browsing history of a student) beyond the 
                        identity of the website or application and 
                        whether access to the website or application is 
                        blocked by a technology protection measure 
                        because the website or application is a social 
                        media platform.
                    ``(C) Timing of implementation.--
                            ``(i) In general.--In the case of a school 
                        to which this paragraph applies, the 
                        certification under this paragraph shall be 
                        made--
                                    ``(I) with respect to the first 
                                program funding year under section 
                                254(h) after the date of enactment of 
                                the Eyes on the Board Act of 2025, not 
                                later than 120 days after the beginning 
                                of that program funding year; and
                                    ``(II) with respect to any 
                                subsequent funding year, as part of the 
                                application process for that program 
                                funding year.
                            ``(ii) Process.--
                                    ``(I) Schools with measures in 
                                place.--A school covered by clause (i) 
                                that has in place measures meeting the 
                                requirements necessary for 
                                certification under this paragraph 
                                shall certify its compliance with this 
                                paragraph during each annual program 
                                application cycle under section 254(h), 
                                except that, with respect to the first 
                                program funding year after the date of 
                                enactment of the Eyes on the Board Act 
                                of 2025, the certification shall be 
                                made not later than 120 days after the 
                                beginning of that first program funding 
                                year.
                                    ``(II) Schools without measures in 
                                place.--
                                            ``(aa) First 2 program 
                                        years.--A school covered by 
                                        clause (i) that does not have 
                                        in place measures meeting the 
                                        requirements for certification 
                                        under this paragraph--

                                                    ``(AA) for the 
                                                first program year 
                                                after the date of 
                                                enactment of the Eyes 
                                                on the Board Act of 
                                                2025 in which the 
                                                school is applying for 
                                                funds under section 
                                                254(h), shall certify 
                                                that the school is 
                                                undertaking such 
                                                actions, including any 
                                                necessary procurement 
                                                procedures, to put in 
                                                place measures meeting 
                                                the requirements for 
                                                certification under 
                                                this paragraph; and

                                                    ``(BB) for the 
                                                second program year 
                                                after the date of 
                                                enactment of the Eyes 
                                                on the Board Act of 
                                                2025 in which the 
                                                school is applying for 
                                                funds under section 
                                                254(h), shall certify 
                                                that the school is in 
                                                compliance with this 
                                                paragraph.

                                            ``(bb) Subsequent program 
                                        years.--Any school that is 
                                        unable to certify compliance 
                                        with such requirements in such 
                                        second program year shall be 
                                        ineligible for services at 
                                        discount rates or funding in 
                                        lieu of services at such rates 
                                        under section 254(h) for such 
                                        second year and all subsequent 
                                        program years under section 
                                        254(h), until such time as such 
                                        school comes into compliance 
                                        with this paragraph.
                                    ``(III) Waivers.--Any school 
                                subject to subclause (II) that cannot 
                                come into compliance with subparagraph 
                                (B) in such second program year may 
                                seek a waiver of subclause (II)(aa)(BB) 
                                if State or local procurement rules or 
                                regulations or competitive bidding 
                                requirements prevent the making of the 
                                certification otherwise required by 
                                such subclause. A school, school board, 
                                local educational agency, or other 
                                authority with responsibility for 
                                administration of the school shall 
                                notify the Commission of the 
                                applicability of such subclause to the 
                                school. Such notice shall certify that 
                                the school in question will be brought 
                                into compliance before the start of the 
                                third program year after the date of 
                                enactment of the Eyes on the Board Act 
                                of 2025 in which the school is applying 
                                for funds under section 254(h).
                    ``(D) Noncompliance.--
                            ``(i) Failure to submit certification.--Any 
                        school that knowingly fails to comply with the 
                        application guidelines regarding the annual 
                        submission of a certification required by this 
                        paragraph shall not be eligible for services at 
                        discount rates or funding in lieu of services 
                        at such rates under section 254(h).
                            ``(ii) Failure to comply with 
                        certification.--Any school that knowingly fails 
                        to ensure the use of its supported services, 
                        devices, and networks is in accordance with a 
                        certification under subparagraph (B) shall 
                        reimburse any funds and discounts received 
                        under section 254(h) for the period covered by 
                        such certification.
                            ``(iii) Remedy of noncompliance.--
                                    ``(I) Failure to submit.--A school 
                                that has failed to submit a 
                                certification under clause (i) may 
                                remedy the failure by submitting the 
                                certification to which the failure 
                                relates. Upon submittal of such 
                                certification, the school shall be 
                                eligible for services at discount rates 
                                under section 254(h).
                                    ``(II) Failure to comply.--A school 
                                that has failed to comply with a 
                                certification as described in clause 
                                (ii) may remedy the failure by ensuring 
                                that the use of its supported services, 
                                devices, and networks is in accordance 
                                with such certification. Upon submittal 
                                to the Commission of a certification or 
                                other appropriate evidence of such 
                                remedy, the school shall be eligible 
                                for services at discount rates under 
                                section 254(h).
                    ``(E) Rule of construction.--Nothing in this 
                paragraph may be construed to consider a school, school 
                board, local educational agency, or other authority 
                with responsibility for the administration of a school 
                in violation of this paragraph, or subject to a delay 
                in the processing of funding applications or requests 
                for reimbursement, if that school, school board, local 
                educational agency, or other authority makes a good 
                faith effort to comply with this paragraph and to 
                correct a known violation of this paragraph within a 
                reasonable period of time.
            ``(3) Enforcement.--
                    ``(A) In general.--The Commission shall--
                            ``(i) not later than 120 days after the 
                        date of enactment of the Eyes on the Board Act 
                        of 2025, amend the rules of the Commission to 
                        carry out this subsection; and
                            ``(ii) subject to subparagraph (B), enforce 
                        this subsection, and any rules issued under 
                        this subsection, as if this subsection and 
                        those rules were part of the Communications Act 
                        of 1934 (47 U.S.C. 151 et seq.) or the rules 
                        issued under that Act.
                    ``(B) Limitations.--
                            ``(i) Noncompliance despite good faith 
                        efforts.--The Commission may not seek recovery 
                        of funding provided under section 254(h), or 
                        delay the processing of a funding application, 
                        because of the violation by a school, school 
                        board, local educational agency, or other 
                        authority with responsibility for 
                        administration of the school of any requirement 
                        of this subsection, or any rule issued under 
                        this subsection, if the school, school board, 
                        local educational agency, or other authority 
                        with responsibility for administration of the 
                        school made a good faith effort to comply with 
                        that requirement and correct any known 
                        violations of that requirement within a 
                        reasonable period of time.
                            ``(ii) Noncompliance without good faith 
                        efforts.--With respect to any violation of a 
                        requirement of this subsection, or any rule 
                        issued under this subsection, in which a 
                        school, school board, local educational agency, 
                        or other authority with responsibility for 
                        administration of the school does not make a 
                        good faith effort to comply with that 
                        requirement, or does not correct any known 
                        violation of that requirement within a 
                        reasonable period of time, the Commission shall 
                        seek recovery of the funding provided to the 
                        school under section 254(h) for such period 
                        consistent with the remedy established under 
                        paragraph (2)(D)(iii).
            ``(4) Exemption for certain libraries.--Nothing in this 
        subsection may be construed to require a library (as defined in 
        section 213 of the Museum and Library Services Act (20 U.S.C. 
        9122)), except a library of an elementary or secondary school, 
        to comply with the requirements of this subsection or any rule 
        issued under this subsection.''.
    (b) Technical and Conforming Amendments.--Section 254(h) of the 
Communications Act of 1934 (47 U.S.C. 254(h)) is amended--
            (1) in paragraph (5)(E)--
                    (A) in clause (i), in the matter preceding 
                subclause (I), by striking ``1721(h)'' and inserting 
                ``1721(i)''; and
                    (B) in clause (ii)(I), by striking ``1721(h)'' and 
                inserting ``1721(i)''; and
            (2) in paragraph (6)(E)--
                    (A) in clause (i), in the matter preceding 
                subclause (I), by striking ``1721(h)'' and inserting 
                ``1721(i)''; and
                    (B) in clause (ii)(I), by striking ``1721(h)'' and 
                inserting ``1721(i)''.

SEC. 203. INTERNET SAFETY POLICIES.

    Section 254 of the Communications Act of 1934 (47 U.S.C. 254) is 
amended--
            (1) in subsection (h)(5)--
                    (A) in subparagraph (A)(i)--
                            (i) in subclause (I), by inserting ``and 
                        copies of the Internet safety policy to which 
                        each such certification pertains'' before the 
                        semicolon at the end; and
                            (ii) in subclause (II)--
                                    (I) by striking ``Commission'' and 
                                all that follows through the end of the 
                                subclause and inserting the following: 
                                ``Commission--
                                            ``(aa) a certification that 
                                        an Internet safety policy 
                                        described in subclause (I) have 
                                        been adopted and implemented 
                                        for the school; and''; and
                                    (II) by adding at the end the 
                                following:
                                            ``(bb) copies of the 
                                        Internet safety policy 
                                        described in item (aa); and''; 
                                        and
                    (B) by adding at the end the following:
                    ``(G) Database of internet safety policies.--The 
                Commission shall establish an easily accessible, public 
                database that contains each Internet safety policy 
                submitted to the Commission under subclauses (I) and 
                (II) of subparagraph (A)(i).''; and
            (2) in subsection (l), by striking paragraph (3) and 
        inserting the following:
            ``(3) Availability for review.--A copy of each Internet 
        safety policy adopted by a library under this subsection shall 
        be made available to the Commission, upon request of the 
        Commission, by the library for purposes of the review of the 
        Internet safety policy by the Commission.''.

                        TITLE III--SEVERABILITY

SEC. 301. SEVERABILITY.

    If any provision of this Act is determined to be unenforceable or 
invalid, the remaining provisions of this Act shall not be affected.
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