[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.
                                 <all>