[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 3074 Introduced in Senate (IS)]

<DOC>






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.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Eyes on the Board Act of 2023''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Commission.--The term ``Commission'' means the Federal 
        Communications Commission.
            (2) Covered support.--The term ``covered support'' means 
        support from--
                    (A) the E-Rate program; or
                    (B) the Emergency Connectivity Fund.
            (3) Emergency connectivity fund.--The term ``Emergency 
        Connectivity Fund'' means the fund established under section 
        7402(c)(1) of the American Rescue Plan Act of 2021 (47 U.S.C. 
        254 note).
            (4) E-rate program.--The term ``E-rate program'' means the 
        universal service program for schools and libraries established 
        under section 254(h) of the Communications Act of 1934 (47 
        U.S.C. 254(h)), the rules of which are set forth under subpart 
        F of part 54 of title 47, Code of Federal Regulations, or any 
        successor regulations.
            (5) Social media platform.--The term ``social media 
        platform''--
                    (A) 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, games, and 
                        audio files, to other online users; and
                    (B) does not include--
                            (i) an internet service provider;
                            (ii) electronic mail; or
                            (iii) an online service, application, or 
                        website--
                                    (I) that consists primarily of 
                                content that is not user-generated, but 
                                is preselected by the provider; and
                                    (II) for which any chat, comment, 
                                or interactive functionality is 
                                incidental to, directly related to, or 
                                dependent on the provision of content 
                                described in subclause (I).

SEC. 3. PROHIBITION ON USE OF SCHOOL BROADBAND SUBSIDIES FOR ACCESS TO 
              SOCIAL MEDIA PLATFORMS.

    (a) Prohibition.--
            (1) In general.--Except for purposes of complying with 
        section 254(h)(5)(B)(iii) of the Communications Act of 1934 (47 
        U.S.C. 254(h)(5)(B)(iii)), a school that receives covered 
        support may not allow access to a social media platform to 
        students on any supported service, device, or network.
            (2) Rule of construction.--Nothing in paragraph (1) may be 
        construed to prohibit parent-sanctioned learning management 
        systems and school information systems used for purposes of 
        schools conveying content related to the education of students.
    (b) Certification.--
            (1) Certification for e-rate applicants.--Beginning in the 
        first funding year that begins after the date of enactment of 
        this Act, each school applying for support under the E-Rate 
        program (without regard to whether the school submits an 
        application directly for that support or such an application is 
        submitted on behalf of the school by a consortium or school 
        district), as a condition for receiving that support, shall, 
        during each annual application cycle, certify that the school 
        will comply with the requirements of this section for the year 
        covered by the application.
            (2) Certification for emergency connectivity fund 
        applicants.--The Commission may not provide support from 
        amounts made available from the Emergency Connectivity Fund to 
        any school that has not certified compliance with the 
        requirements of this section as of the date that is 180 days 
        after the date of enactment of this Act.
    (c) Enforcement.--The Commission shall--
            (1) not later than 120 days after the date of enactment of 
        this Act, amend the rules of the Commission to carry out this 
        section; and
            (2) enforce this section, and any rules issued under this 
        section, as if this section and those rules were part of the 
        Communications Act of 1934 (47 U.S.C. 151 et seq.) or the 
        American Rescue Plan Act of 2021 (Public Law 117-2; 135 Stat. 
        4), as applicable, or the rules issued under either such Act.

SEC. 4. EMPOWERING TRANSPARENCY AND PARENTAL LIMITS ON SCREEN TIME IN 
              SCHOOLS.

    (a) In General.--Section 254(h)(5)(B) of the Communications Act of 
1934 (47 U.S.C. 254(h)(5)(B)) is amended--
            (1) in clause (ii), by striking ``and'' at the end;
            (2) in clause (iii), by striking the period at the end and 
        inserting ``; and''; and
            (3) by adding at the end the following:
                            ``(iv) has adopted a screen time policy 
                        that includes guidelines, disaggregated by 
                        grade, for the number of hours and uses of 
                        screen time that may be assigned to students, 
                        whether during school hours or as homework, on 
                        a regular basis.''.
    (b) Certification and Reporting.--Beginning in the first funding 
year that begins after the date of enactment of this Act, each school 
seeking covered support (without regard to whether the school submits 
an application directly for that covered support or such an application 
is submitted on behalf of the school by a consortium or school 
district) shall, as a condition of receiving that covered support--
            (1) certify that the school will comply with the 
        requirements of this section and the amendments made by this 
        section for the year covered by the application; and
            (2) provide to the Commission a copy of the screen time 
        policy of the school to which the certification relates.
    (c) Commission Requirements.--The Commission shall, not later than 
120 days after the date of enactment of this Act, amend the rules of 
the Commission to carry out this section and the amendments made by 
this section.

SEC. 5. 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 and screen 
                        time 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 and 
                                        screen time 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 and 
                                        screen time policy described in 
                                        item (aa); and''; and
                    (B) by adding at the end the following:
                    ``(G) Database of internet safety and screen time 
                policies.--The Commission shall establish an easily 
                accessible, public database that contains each internet 
                safety policy and screen time 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.''.
                                 <all>