HR 4600 IH, Children's Internet Protection Act.
Re: requiring schools and libraries that receive e-rate subsidies to use
filtering software.
Date Introduced: June 8, 2000.
Sponsor: Rep. Chip Pickering (R-MS).
Source: Library of Congress.
106th CONGRESS
2d Session
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H. R. 4600
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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.
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 [Struck out->][
(?) ][<-Struck out] 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 [Struck out->][ (?) ][<-Struck
out] 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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