[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4545 Introduced in House (IH)]







                                    


106th CONGRESS
  2d Session
                                H. R. 4545

To require public schools and libraries that receive Federal funds for 
   the acquisition or operation of computers to install software to 
                    protect children from obscenity.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              May 25, 2000

  Mr. Istook (for himself, Mr. Dickey, Mr. Franks of New Jersey, Mrs. 
    Myrick, Mr. Souder, Mr. Tancredo, and Mr. Terry) introduced the 
 following bill; which was referred to the Committee on Education and 
                             the Workforce

_______________________________________________________________________

                                 A BILL


 
To require public schools and libraries that receive Federal funds for 
   the acquisition or operation of computers to install software to 
                    protect children from obscenity.

    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 ``Internet Minors Protection and 
Cyberspace Technology Act''.

SEC. 2. COMPUTER SOFTWARE REQUIRED.

    (a) Installation Required.--Any elementary or secondary school or 
public library that has received under any program or activity of any 
Federal agency any funds for the acquisition or operation of any 
computer that is accessible to minors and that has access to the 
Internet, or that has received universal service assistance under 
section 254(h)(1)(B) of the Communications Act of 1934 for accessing 
the Internet on any computer that is accessible to minors, shall--
            (1) install software on that computer that is determined 
        (in accordance with subsection (b)) to be adequately designed 
        to prevent minors from obtaining access to any obscene 
        information or child pornography using that computer; and
            (2) ensure that such software is operational whenever that 
        computer is used by minors, except that such software's 
        operation may be temporarily interrupted to permit a minor to 
        have access to information that is not obscene, is not child 
        pornography, or is otherwise unprotected by the Constitution 
        under the direct supervision of an adult designated by such 
        school or library.
    (b) Determination of Adequate Design.--For any elementary or 
secondary school or public library within the jurisdiction of any 
State, the determinations required for purposes of subsection (a)(1) 
shall be made by an agency or official designated by the chief 
executive officer of such State. For any elementary or secondary school 
or public library that is not within the jurisdiction of any State, the 
determinations required for purposes of subsection (a)(1) shall be made 
by the Secretary of Education.
    (c) Consequences of Violations.--
            (1) Use of general education provisions act remedies.--
        Whenever the head of any Federal agency has reason to believe 
        that any recipient of funds under any program or activity is 
        failing to comply substantially with the requirements of 
        subsection (a), the head of such agency may--
                    (A) withhold further payments under that program or 
                activity,
                    (B) issue a complaint to compel compliance through 
                a cease and desist order, or
                    (C) enter into a compliance agreement with a 
                recipient to bring it into compliance,
        in the same manner as the Secretary of Education is authorized 
        to take such actions under sections 455, 456, and 457, 
        respectively, of the General Education Provisions Act (20 
        U.S.C. 1234d).
            (2) Recovery of funds prohibited.--The actions authorized 
        by paragraph (1) are the exclusive remedies available with 
        respect to a violation of subsection (a), and the head of any 
        Federal agency shall not seek a recovery of funds from the 
        recipient.
    (d) Definitions.--For purposes of this section:
            (1) Elementary or secondary school.--The term ``elementary 
        or secondary school'' means an elementary school or a secondary 
        school as such terms are defined in section 14101 of the 
        Elementary and Secondary Education Act of 1965 (20 U.S.C. 
        8801).
            (2) Public library.--The term ``public library'' means has 
        the meaning given the term ``library'' by section 213 of the 
        Library Services and Technology Act (20 U.S.C. 9122).
            (3) Computer.--The term ``computer'' includes any hardware, 
        software, or other technology attached or connected to, 
        installed in, or otherwise used in connection with a computer.
            (4) Access to internet.--A computer shall be considered to 
        have access to the Internet if such computer is equipped with a 
        modem or is connected to a computer network which has access to 
        the Internet.
            (5) Acquisition or operation.--A elementary or secondary 
        school or public library shall be considered to have received 
        under a program or activity of any Federal agency any funds for 
        the acquisition or operation of any computer if such funds are 
        used in any manner, directly or indirectly--
                    (A) to purchase, lease, or otherwise acquire or 
                obtain the use of such computer, or
                    (B) to obtain services, supplies, software, or 
                other actions or materials to support, or in connection 
                with, the operation of such computer.
            (6) Federal agency.--The term ``Federal agency'' has the 
        meaning given the term `agency' by section 551(1) of title 5, 
        United States Code.
            (7) State.--The term ``State'' means each of the 50 States, 
        the District of Columbia, the Commonwealth of Puerto Rico, the 
        Virgin Islands, Guam, American Samoa, the Commonwealth of the 
        Northern Mariana Islands, the Republic of the Marshall Islands, 
        the Federated States of Micronesia, and the Republic of Palau.
            (8) Child pornography.--The term ``child pornography'' has 
        the meaning provided in section 2256(8) of title 18, United 
        States Code.
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