[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4600 Introduced in House (IH)]







106th CONGRESS
  2d Session
                                H. R. 4600

  To require schools and libraries to implement filtering or blocking 
    technology for computers with Internet access as a condition of 
   universal service discounts under the Communications Act of 1934.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              June 8, 2000

 Mr. Pickering (for himself, Mr. Franks of New Jersey, Mr. Tauzin, Mr. 
Largent, Mr. Cramer, Mr. Pitts, Mr. Baker, Mr. Jones of North Carolina, 
 Mr. DeMint, Mr. Hilleary, Mr. Hutchinson, Mr. Wicker, and Mr. Istook) 
 introduced the following bill; which was referred to the Committee on 
                                Commerce

_______________________________________________________________________

                                 A BILL


 
  To require schools and libraries to implement filtering or blocking 
    technology for computers with Internet access as a condition of 
   universal service discounts under the Communications Act of 1934.

    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 ``Children's Internet Protection 
Act''.

SEC. 2. REQUIREMENT FOR SCHOOLS AND LIBRARIES TO IMPLEMENT FILTERING OR 
              BLOCKING TECHNOLOGY FOR COMPUTERS WITH INTERNET ACCESS AS 
              CONDITION OF UNIVERSAL SERVICE DISCOUNTS.

    (a) Schools.--Section 254(h) of the Communications Act of 1934 (47 
U.S.C. 254(h)) is amended--
            (1) by redesignating paragraph (5) as paragraph (7); and
            (2) by inserting after paragraph (4) the following new 
        paragraph (5):
            ``(5) Requirements for certain schools with computers 
        having internet access.--
                    ``(A) Internet filtering.--
                            ``(i) In general.--Except as provided in 
                        clause (ii), an elementary or secondary school 
                        having computers with Internet access may not 
                        receive services at discount rates under 
                        paragraph (1)(B) unless the school, school 
                        board, or other authority with responsibility 
                        for administration of the school--
                                    ``(I) submits to the Commission a 
                                certification described in subparagraph 
                                (B); and
                                    ``(II) ensures the use of such 
                                computers in accordance with the 
                                certification.
                            ``(ii) Applicability.--The prohibition in 
                        paragraph (1) shall not apply with respect to a 
                        school that receives services at discount rates 
                        under paragraph (1)(B) only for purposes other 
                        than the provision of Internet access, Internet 
                        service, or internal connections.
                    ``(B) Certification.--A certification under this 
                subparagraph is a certification that the school, school 
                board, or other authority with responsibility for 
                administration of the school--
                            ``(i) has selected a technology for its 
                        computers with Internet access in order to 
                        filter or block Internet access through such 
                        computers to--
                                    ``(I) material that is obscene;
                                    ``(II) child pornography; and
                                    ``(III) material that is harmful to 
                                minors during the use of such computers 
                                by a minor; and
                            ``(ii) is enforcing a policy to ensure the 
                        operation of the technology during any use of 
                        such computers.
                    ``(C) Use of technology.--
                            ``(i) Additional use.--A school, school 
                        board, or other authority may also use a 
                        technology covered by a certification under 
                        subparagraph (B) to filter or block Internet 
                        access through the computers concerned to any 
                        material in addition to the material specified 
                        in that subparagraph that the school, school 
                        board, or other authority determines to be 
                        inappropriate.
                            ``(ii) Disabling during adult use.--An 
                        administrator, supervisor, or other authority 
                        may disable the technology, during use by an 
                        adult, to enable unfiltered access for bona 
                        fide research or other lawful purpose.
                    ``(D) Timing of implementation.--
                            ``(i) In general.--Subject to clause (ii) 
                        in the case of any school covered by this 
                        paragraph as of the effective date of this 
                        paragraph under section 2(h) of the Children's 
                        Internet Protection Act, the certification 
                        under subparagraph (B) shall be made as part of 
                        the application process for the next program 
                        funding year [(?)] following enactment, and for 
                        each subsequent year thereafter.
                            ``(ii) Process.--
                                    ``(I) Schools with filtering 
                                internet technology installed.--A 
                                school covered by clause (i) which has 
                                already purchased and installed 
                                Internet filtering technology shall 
                                certify to its compliance with 
                                subparagraph (B) during each annual 
                                program application cycle.
                                    ``(II) Schools without internet 
                                filtering technology installed.--A 
                                school covered by clause (i) which has 
                                not purchased and installed Internet 
                                filtering technology--
                                            ``(aa) for the first 
                                        program year in which they are 
                                        applying for funds, shall 
                                        certify that it is undertaking 
                                        procurement to purchase and 
                                        install filtering technology; 
                                        and
                                            ``(bb) for the second 
                                        program year, shall certify 
                                        that they are in compliance 
                                        with subparagraph (B).
                                Any school that is unable to certify 
                                compliance in the second program year 
                                shall be ineligible for all funding for 
                                the second year and all subsequent 
                                years under this program, until such 
                                time as the school comes into 
                                compliance.
                                    ``(III) Waivers.--Any school 
                                subject to subclause (II) that cannot 
                                come into compliance with subparagraph 
                                (B) in the second year may seek a 
                                waiver of subclause (II)(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, 
                                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 prior to the start of 
                                the third program year in which the 
                                school is applying for funds.
                    ``(E) Noncompliance.--
                            ``(i) Failure to submit certification.--Any 
                        school that knowingly fails to comply with the 
                        application guidelines regarding the annual 
                        submission of certification required by this 
                        paragraph shall not be eligible for funding 
                        under this program.
                            ``(ii) Failure to comply with 
                        certification.--Any school that knowingly fails 
                        to ensure the use of its computers in 
                        accordance with a certification under 
                        subparagraph (B) shall be subject to 
                        enforcement action by the Commission, up to and 
                        including full reimbursement of funds received 
                        in violation.''.
    (b) Libraries.--Such section 254(h) is further amended by inserting 
after paragraph (5), as amended by subsection (a) of this section, the 
following new paragraph:
            ``(6) Requirements for certain libraries with computers 
        having internet access.--
                    ``(A) Internet filtering.--
                            ``(i) In general.--A library having one or 
                        more computers with Internet access may not 
                        receive services at discount rates under 
                        paragraph (1)(B) unless the library--
                                    ``(I) submits to the Commission a 
                                certification described in subparagraph 
                                (B); and
                                    ``(II) ensures the use of such 
                                computers in accordance with the 
                                certification.
                            ``(ii) Applicability.--The prohibition in 
                        paragraph (1) shall not apply with respect to a 
                        library that receives services at discount 
                        rates under paragraph (1)(B) only for purposes 
                        other than the provision of Internet access, 
                        Internet service, or internal connections.
                    ``(B) Certification.--A certification under this 
                subparagraph is a certification that the library--
                            ``(i) has selected a technology for its 
                        computer or computers with Internet access in 
                        order to filter or block Internet access 
                        through such computer or computers to--
                                    ``(I) material that is obscene;
                                    ``(II) child pornography; and
                                    ``(III) material that is harmful to 
                                minors during any use of such computer 
                                or computers by a minor; and
                            ``(ii) is enforcing a policy to ensure the 
                        operation of the technology during the use of 
                        such computer or computers.
                    ``(C) Use of technology.--
                            ``(i) Additional use.--A library may also 
                        use a technology covered by a certification 
                        under subparagraph (B) to filter or block 
                        Internet access through the computers concerned 
                        to any material in addition to the material 
                        specified in that subparagraph that the library 
                        determines to be inappropriate.
                            ``(ii) Disabling during adult use.--An 
                        administrator, supervisor, or other authority 
                        may disable the technology, during use by an 
adult, to enable unfiltered access for bona fide research or other 
lawful purpose.
                    ``(D) Timing of implementation.--
                            ``(i) In general.--Subject to clause (ii) 
                        in the case of any library covered by this 
                        paragraph as of the effective date of this 
                        paragraph under section 2(h) of the Children's 
                        Internet Protection Act, the certification 
                        under subparagraph (B) shall be made as part of 
                        the application process for the next program 
                        funding year [(?)] following enactment, and for 
                        each subsequent year thereafter.
                            ``(ii) Process.--
                                    ``(I) Libraries with filtering 
                                internet technology installed.--A 
                                library covered by clause (i) which has 
                                already purchased and installed 
                                Internet filtering technology shall 
                                certify to its compliance with 
                                subparagraph (B) during each annual 
                                program application cycle.
                                    ``(II) Libraries without internet 
                                filtering technology installed.--A 
                                library covered by clause (i) which has 
                                not purchased and installed Internet 
                                filtering technology--
                                            ``(aa) for the first 
                                        program year in which they are 
                                        applying for funds, shall 
                                        certify that it is undertaking 
                                        procurement to purchase and 
                                        install filtering technology; 
                                        and
                                            ``(bb) for the second 
                                        program year, shall certify 
                                        that they are in compliance 
                                        with subparagraph (B).
                                Any library that is unable to certify 
                                compliance in the second program year 
                                shall be ineligible for all funding for 
                                the second year and all subsequent 
                                years under this program, until such 
                                time as the library comes into 
                                compliance.
                                    ``(III) Waivers.--Any library 
                                subject to subclause (II) that cannot 
                                come into compliance with subparagraph 
                                (B) in the second year may seek a 
                                waiver of subclause (II)(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 library, library 
                                board, or other authority with 
                                responsibility for administration of 
                                the library shall notify the Commission 
                                of the applicability of such subclause 
                                to the library. Such notice shall 
                                certify that the library in question 
                                will be brought into compliance prior 
                                to the start of the third program year 
                                in which the library is applying for 
                                funds.
                    ``(E) Noncompliance.--
                            ``(i) Failure to submit certification.--Any 
                        library that knowingly fails to comply with the 
                        application guidelines regarding the annual 
                        submission of certification required by this 
                        paragraph shall not be eligible for funding 
                        under this program.
                            ``(ii) Failure to comply with 
                        certification.--Any library that knowingly 
                        fails to ensure the use of its computers in 
                        accordance with a certification under 
                        subparagraph (B) shall be subject to 
                        enforcement action by the Commission, up to and 
                        including full reimbursement of funds received 
                        in violation.''.
    (c) Definitions.--Paragraph (7) of such section, as redesignated by 
subsection (a)(1) of this section, is amended by adding at the end the 
following:
                    ``(D) Minor.--The term `minor' means any individual 
                who has not attained the age of 17 years.
                    ``(E) Obscene.--The term `obscene' has the meaning 
                given such term in section 1460 of title 18, United 
                States Code.
                    ``(F) Child pornography.--The term `child 
                pornography' has the meaning given such term in section 
                2256 of title 18, United States Code.
                    ``(G) Material that is harmful to minors.--The term 
                `material that is harmful to minors' means any 
                communication, picture, image, graphic image file, 
                article, recording, writing, or other matter of any 
                kind that--
                            ``(i) taken as a whole and with respect to 
                        minors, appeals to a prurient interest in 
                        nudity, sex, or excretion;
                            ``(ii) depicts, describes, or represents, 
                        in a patently offensive way with respect to 
                        what is suitable for minors, an actual or 
                        simulated sexual act or sexual contact, actual 
                        or simulated normal or perverted sexual acts, 
                        or a lewd exhibition of the genitals; and
                            ``(iii) taken as a whole, lacks serious 
                        literary, artistic, political, or scientific 
                        value.
                    ``(H) Sexual act; sexual contact.--The terms 
                `sexual act' and `sexual contact' have the meanings 
                given such terms in section 2246 of title 18, United 
                States Code.''.
    (d) Conforming Amendment.--Paragraph (4) of such section is amended 
by striking ``paragraph (5)(A)'' and inserting ``paragraph (7)(A)''.
    (e) Separability.--If any provision of paragraph (5) or (6) of 
section 254(h) of the Communications Act of 1934, as amended by this 
section, or the application thereof to any person or circumstance is 
held invalid, the remainder of such paragraph and the application of 
such paragraph to other persons or circumstances shall not be affected 
thereby.
    (f) Regulations.--
            (1) Requirement.--The Federal Communications Commission 
        shall prescribe regulations for purposes of administering the 
        provisions of paragraphs (5) and (6) of section 254(h) of the 
        Communications Act of 1934, as amended by this section.
            (2) Deadline.--Notwithstanding any other provision of law, 
        the Commission shall prescribe regulations under paragraph (1) 
        so as to ensure that such regulations take effect 120 days 
        after the date of the enactment of this Act.
    (g) Availability of Rates.--Discounted rates under section 
254(h)(1)(B) of the Communications Act of 1934 (47 U.S.C. 
254(h)(1)(B))--
            (1) shall be available in amounts up to the annual cap on 
        Federal universal service support for schools and libraries 
        only for services covered by Federal Communications Commission 
        regulations on priorities for funding telecommunications 
        services, Internet access, Internet services, and Internet 
        connections that assign priority for available funds for the 
        poorest schools; and
            (2) to the extent made available under paragraph (1), may 
        be used for the purchase or acquisition of filtering or 
        blocking products necessary to meet the requirements of section 
        254(h) (5) and (6) of that Act, but not for the purchase of 
        software or other technology other than what is required to 
        meet those requirements.
    (h) Effective Date.--The amendments made by this section shall take 
effect 120 days after the date of the enactment of this Act.
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