[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1846 Introduced in House (IH)]
107th CONGRESS
1st Session
H. R. 1846
To amend section 254 of the Communications Act of 1934 to require
schools and libraries receiving universal service assistance to block
access to Internet services that enable users to access the World Wide
Web and transfer electronic mail in an anonymous manner.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
May 15, 2001
Mr. Grucci introduced the following bill; which was referred to the
Committee on Energy and Commerce
_______________________________________________________________________
A BILL
To amend section 254 of the Communications Act of 1934 to require
schools and libraries receiving universal service assistance to block
access to Internet services that enable users to access the World Wide
Web and transfer electronic mail in an anonymous manner.
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 ``Who Is E-Mailing Our Kids Act''.
SEC. 2. REQUIREMENTS FOR SCHOOLS AND LIBRARIES TO ENFORCE POLICIES
AGAINST ANONYMOUS INTERNET CONNECTION AS CONDITION OF
UNIVERSAL SERVICE DISCOUNTS.
(a) Schools.--Section 254(h)(5) of the Communications Act of 1934
(47 U.S.C. 254(h)(5)) is amended--
(1) in subparagraph (A)--
(A) in the subparagraph heading, by inserting ``and
prevention of anonymous internet access'' after
``Internet safety'';
(B) in clause (i)--
(i) in subclause (I), by striking ``and
(C)'' and inserting ``, (C), and (D)'';
(ii) in subclause (II), by striking ``and''
at the end;
(iii) by redesignating subclause (III) as
subclause (IV); and
(iv) by inserting after subclause (II) the
following new subclause:
``(III) submits to the Commission a
certification that a policy of
regarding anonymous Internet connection
has been adopted and implemented for
the school under subsection (m); and'';
and
(C) in the first sentence of clause (iii), by
inserting before the period the following: ``, and
shall provide reasonable public notice and hold at
least one public hearing or meeting to address the
proposed policy of regarding anonymous Internet
connection'';
(2) by redesignating subparagraphs (D), (E), and (F) as
subparagraphs (E), (F), and (H), respectively;
(3) by inserting after subparagraph (C) the following new
subparagraph:
``(D) Certification regarding blocking online
privacy services.--A certification under this
subparagraph is a certification that the school, school
board, local educational agency, or other authority
with responsibility for administration of the school--
``(i) is enforcing a policy regarding
anonymous Internet connection that includes the
operation of a technology protection measure
with respect to any of its computers with
Internet access that prevents use of such
computers to access an online privacy service
that enables a user--
``(I) to send electronic mail
anonymously; or
``(II) to access the World Wide Web
anonymously; and
``(ii) is enforcing the operation of such
technology protection measure during any use of
such computers.'';
(4) in the heading for subparagraph (F) (as so redesignated
by paragraph (2) of this subsection), by inserting ``of
internet safety measures'' after ``implementation'';
(5) by inserting after subparagraph (F) (as so redesignated
by paragraph (2) of this subsection) the following new
subparagraph:
``(G) Timing of implementation of measures to
prevent anonymous internet access.--
``(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(e) of the Who Is E-
Mailing Our Kids Act, the certification under
subparagraph (D) shall be made--
``(I) with respect to the first
program funding year under this
subsection following such effective
date, not later than 120 days after the
beginning of such program funding year;
and
``(II) with respect to any
subsequent program funding year, as
part of the application process for
such program funding year.
``(ii) Process.--
``(I) Schools with policy and
technology protection measures in place
for preventing anonymous internet
access.--A school covered by clause (i)
that has in place a policy regarding
anonymous Internet connection and
technology protection measures that
meet the requirements necessary for
certification under subparagraph (D)
shall certify its compliance with
subparagraph (D) during each annual
program application cycle under this
subsection, except that with respect to
the first program funding year after
the effective date of this paragraph
under section 2(e) of the Who Is E-
Mailing Our Kids Act, the
certifications shall be made not later
than 120 days after the beginning of
such first program funding year.
``(II) Schools without policy and
technology protection measures in place
for preventing anonymous internet
access.--A school covered by clause (i)
that does not have in place a policy
regarding anonymous Internet connection
and technology protection measures that
meet the requirements necessary for
certification under subparagraph (D)--
``(aa) for the first
program year after the
effective date of this
subsection in which it is
applying for funds under this
subsection, shall certify that
it is undertaking such actions,
including any necessary
procurement procedures, to put
in place a policy and
technology protection measures
meeting the requirements
necessary for certification
under subparagraph (D); and
``(bb) for the second
program year after the
effective date of this
subsection in which it is
applying for funds under this
subsection, shall certify that
it is in compliance with
subparagraph (D).
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 this subsection for
such second year and all subsequent
program years under this subsection,
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
(D) in such second year program 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,
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 effective
date of this subsection in which the
school is applying for funds under this
subsection.''; and
(6) in subparagraph (H)(ii) (as so redesignated by
paragraph (2) of this subsection), by striking ``subparagraphs
(B) and (C)'' and inserting ``subparagraph (B), (C), or (D)''.
(b) Libraries.--Section 254(h)(6) of the Communications Act of 1934
(47 U.S.C. 254(h)(6)) is amended--
(1) in subparagraph (A)--
(A) in the subparagraph heading, by inserting ``and
prevention of anonymous internet access'' after
``Internet safety'';
(B) in clause (i)--
(i) in subclause (I), by striking ``and
(C)'' and inserting ``, (C), and (D)'';
(ii) in subclause (II), by striking ``and''
at the end;
(iii) by redesignating subclause (III) as
subclause (IV); and
(iv) by inserting after subclause (II) the
following new subclause:
``(III) submits to the Commission a
certification that a policy regarding
anonymous Internet connection has been
adopted and implemented for the library
under subsection (m); and''; and
(B) in the first sentence of clause (iii), by
inserting before the period the following: ``, and
shall provide reasonable public notice and hold at
least one public hearing or meeting to address the
proposed policy regarding anonymous Internet
connection'';
(2) by redesignating subparagraphs (D), (E), and (F) as
subparagraphs (E), (F), and (H), respectively;
(3) by inserting after subparagraph (C) the following new
subparagraph:
``(D) Certification regarding blocking online
privacy services.--A certification under this
subparagraph is a certification that the library--
``(i) is enforcing a policy regarding
anonymous Internet connection that includes the
operation of a technology protection measure
with respect to any of its computers with
Internet access that prevents use of such
computers to access an online privacy service
that enables a user--
``(I) to send electronic mail
anonymously; or
``(II) to access the World Wide Web
anonymously; and
``(ii) is enforcing the operation of such
technology protection measure during any use of
such computers.'';
(4) in the heading for subparagraph (F) (as so redesignated
by paragraph (2) of this subsection), by inserting ``of
internet safety measures'' after ``implementation'';
(5) by inserting after subparagraph (F) (as so redesignated
by paragraph (2) of this subsection) the following new
subparagraph:
``(G) Timing of implementation of measures to
prevent anonymous internet access.--
``(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(e) of the Who Is E-
Mailing Our Kids Act, the certification under
subparagraph (D) shall be made--
``(I) with respect to the first
program funding year under this
subsection following such effective
date, not later than 120 days after the
beginning of such program funding year;
and
``(II) with respect to any
subsequent program funding year, as
part of the application process for
such program funding year.
``(ii) Process.--
``(I) Libraries with policy and
technology protection measures in place
for preventing anonymous internet
access.--A library covered by clause
(i) that has in place a policy
regarding anonymous Internet connection
and technology protection measures that
meet the requirements necessary for
certification under subparagraph (D)
shall certify its compliance with
subparagraph (D) during each annual
program application cycle under this
subsection, except that with respect to
the first program funding year after
the effective date of this paragraph
under section 2(e) of the Who Is E-
Mailing Our Kids Act, the
certifications shall be made not later
than 120 days after the beginning of
such first program funding year.
``(II) Libraries without policy and
technology protection measures in place
for preventing anonymous internet
access.--A library covered by clause
(i) that does not have in place a
policy regarding anonymous Internet
connection and technology protection
measures that meet the requirements
necessary for certification under
subparagraph (D)--
``(aa) for the first
program year after the
effective date of this
subsection in which it is
applying for funds under this
subsection, shall certify that
it is undertaking such actions,
including any necessary
procurement procedures, to put
in place a policy and
technology protection measures
meeting the requirements
necessary for certification
under subparagraph (D); and
``(bb) for the second
program year after the
effective date of this
subsection in which it is
applying for funds under this
subsection, shall certify that
it is in compliance with
subparagraph (D).
Any library 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 this subsection for
such second year and all subsequent
program years under this subsection,
until such time as such library comes
into compliance with this paragraph.
``(III) Waivers.--Any library
subject to subclause (II) that cannot
come into compliance with subparagraph
(D) in such second year program 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 before
the start of the third program year
after the effective date of this
subsection in which the library is
applying for funds under this
subsection.''; and
(6) in subparagraph (H)(ii) (as so redesignated by
paragraph (2) of this subsection), by striking ``subparagraphs
(B) and (C)'' and inserting ``subparagraph (B), (C), or (D)''.
(c) Definitions.--Section 254(h)(7) of the Communications Act of
1934 (47 U.S.C. 254(h)(7)) is amended--
(1) by redesignating subparagraphs (A) through (I) as
subparagraphs (B) through (J), respectively; and
(2) by inserting before subparagraph (B) (as so
redesignated) the following new subparagraph:
``(A) Anonymously.--The term `anonymously' means--
``(i) with respect to sending of electronic
mail, in a manner that prevents--
``(I) anyone receiving such mail
from accessing the electronic mail
address of the sender; or
``(II) the creation or recording,
by the computer used for sending the
electronic mail, of a record that the
mail was sent, of the content of the
mail, of the address to which the mail
was sent, or of the time, date, or
sender of the mail; and
``(ii) with respect to accessing the World
Wide Web, in a manner that prevents the
creation or recording, by the computer used for
such access or by the network of which such
computer is a part, of any record of the World
Wide Web sites accessed by such computer or the
identity of the user who, or account that,
accessed such web sites.''.
(d) Requirement for Schools and Libraries of Policy Regarding
Anonymous Internet Access.--Section 254 of the Communications Act of
1934 (47 U.S.C. 254) is amended by adding at the end the following new
subsection:
``(m) Requirement for Schools and Libraries of Policy Regarding
Anonymous Internet Access.--
``(1) In general.--In carrying out its responsibilities
under subsection (h), each school or library to which
subsection (h) applies shall--
``(A) adopt and implement a policy regarding
anonymous Internet connection that addresses--
``(i) the use of the computers of the
school or library to obtain inappropriate
anonymous access to the Internet and the World
Wide Web or to inappropriately send electronic
mail anonymously; and
``(ii) measures designed to restrict access
to any online privacy service that enables a
user--
``(I) to send electronic mail
anonymously; or
``(II) to access the World Wide Web
anonymous; and
``(B) provide reasonable public notice and hold at
least one public hearing or meeting to address the
proposed policy regarding anonymous Internet access.
``(2) Local determination of online privacy service.--A
determination regarding what is inappropriate anonymous access
to the Internet and the World Wide Web or what is inappropriate
sending of electronic mail anonymously shall be made by the
school board, local educational agency, library, or other
authority responsible for making the determination. No agency
or instrumentality of the United States Government may--
``(A) establish criteria for making such
determination;
``(B) review the determination made by the
certifying school, school board, local educational
agency, library, or other authority; or
``(C) consider the criteria employed by the
certifying school, school board, local educational
agency, library, or other authority in the
administration of subsection (h)(1)(B).
``(3) Availability for review.--Each policy regarding
anonymous Internet access adopted under this subsection shall
be made available to the Commission, upon request of the
Commission, by the school, school board, local educational
agency, library, or other authority responsible for adopting
such Internet safety policy for purposes of the review of such
Internet safety policy by the Commission.
``(4) Effective date.--This subsection shall apply with
respect to schools and libraries on or after the date that is
120 days after the date of the enactment of the Who Is E-
Mailing Our Kids Act.''.
(e) 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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