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).