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Reported to Senate (08/05/1999)

 
[Congressional Bills 106th Congress]
[From the U.S. Government Printing Office]
[S. 97 Reported in Senate (RS)]





                                                       Calendar No. 262

106th CONGRESS

  1st Session

                                 S. 97

                          [Report No. 106-141]

_______________________________________________________________________

                                 A BILL

   To require the installation and use by schools and libraries of a 
   technology for filtering or blocking material on the Internet on 
  computers with Internet access to be eligible to receive or retain 
                     universal service assistance.

_______________________________________________________________________

                             August 5, 1999

                       Reported with an amendment





                                                       Calendar No. 262
106th CONGRESS
  1st Session
                                 S. 97

                          [Report No. 106-141]

   To require the installation and use by schools and libraries of a 
   technology for filtering or blocking material on the Internet on 
  computers with Internet access to be eligible to receive or retain 
                     universal service assistance.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            January 19, 1999

  Mr. McCain (for himself, Mr. Hollings, Mr. Burns, Mr. Abraham, Mr. 
   Stevens, Mrs. Hutchison, Mr. Helms, and Mr. Bond) introduced the 
 following bill; which was read twice and referred to the Committee on 
                 Commerce, Science, and Transportation

                             August 5, 1999

               Reported by Mr. McCain, with an amendment
 [Strike all after the enacting clause and insert the part printed in 
                                italic]

_______________________________________________________________________

                                 A BILL


 
   To require the installation and use by schools and libraries of a 
   technology for filtering or blocking material on the Internet on 
  computers with Internet access to be eligible to receive or retain 
                     universal service assistance.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

<DELETED>SECTION 1. SHORT TITLE.</DELETED>

<DELETED>    This Act may be cited as the ``Childrens' Internet 
Protection Act''.</DELETED>

<DELETED>SEC. 2. NO UNIVERSAL SERVICE FOR SCHOOLS OR LIBRARIES THAT 
              FAIL TO IMPLEMENT A FILTERING OR BLOCKING TECHNOLOGY FOR 
              COMPUTERS WITH INTERNET ACCESS.</DELETED>

<DELETED>    (a) In General.--Section 254 of the Communications Act of 
1934 (47 U.S.C. 254) is amended by adding at the end thereof the 
following:</DELETED>
<DELETED>    ``(l) Implementation of an Internet Filtering or Blocking 
Technology.--</DELETED>
        <DELETED>    ``(1) In general.--An elementary school, secondary 
        school, or library that fails to provide the certification 
        required by paragraph (2) or (3), respectively, is not eligible 
        to receive or retain universal service assistance provided 
        under subsection (h)(1)(B).</DELETED>
        <DELETED>    ``(2) Certification for schools.--To be eligible 
        to receive universal service assistance under subsection 
        (h)(1)(B), an elementary or secondary school (or the school 
        board or other authority with responsibility for administration 
        of that school) shall certify to the Commission that it has--
        </DELETED>
                <DELETED>    ``(A) selected a technology for computers 
                with Internet access to filter or block material deemed 
                to be harmful to minors; and</DELETED>
                <DELETED>    ``(B) installed, or will install, and uses 
                or will use, as soon as it obtains computers with 
                Internet access, a technology to filter or block such 
                material.</DELETED>
        <DELETED>    ``(3) Certification for Libraries.--</DELETED>
                <DELETED>    ``(A) Libraries with more than 1 Internet-
                accessing computer.--To be eligible to receive 
                universal service assistance under subsection 
                (h)(1)(B), a library that has more than 1 computer with 
                Internet access intended for use by the public 
                (including minors) shall certify to the Commission that 
                it has installed and uses a technology to filter or 
                block material deemed to be harmful to minors on one or 
                more of its computers with Internet access.</DELETED>
                <DELETED>    ``(B) Libraries with only 1 Internet-
                accessing computer.--A library that has only 1 computer 
                with Internet access intended for use by the public 
                (including minors) is eligible to receive universal 
                service assistance under subsection (h)(1)(B) even if 
                it does not use a technology to filter or block 
                material deemed to be harmful to minors on that 
                computer if it certifies to the Commission that it 
                employs a reasonably effective alternative means to 
                keep minors from accessing material on the Internet 
                that is deemed to be harmful to minors.</DELETED>
        <DELETED>    ``(4) Time for certification.--The certification 
        required by paragraph (2) or (3) shall be made within 30 days 
        of the date of enactment of the Childrens' Internet Protection 
        Act, or, if later, within 10 days of the date on which any 
        computer with access to the Internet is first made available in 
        the school or library for its intended use.</DELETED>
        <DELETED>    ``(5) Notification of cessation; additional 
        Internet-accessing computer.--</DELETED>
                <DELETED>    ``(A) Cessation.--A library that has filed 
                the certification required by paragraph (3)(A) shall 
                notify the Commission within 10 days after the date on 
                which it ceases to use the filtering or blocking 
                technology to which the certification 
                related.</DELETED>
                <DELETED>    ``(B) Additional Internet-accessing 
                computer.--A library that has filed the certification 
                required by paragraph (3)(B) that adds another computer 
                with Internet access intended for use by the public 
                (including minors) shall make the certification 
                required by paragraph (3)(A) within 10 days after that 
                computer is made available for use by the 
                public.</DELETED>
        <DELETED>    ``(6) Penalty for failure to comply.--A school or 
        library that fails to meet the requirements of this subsection 
        is liable to repay immediately the full amount of all universal 
        service assistance it received under subsection 
        (h)(1)(B).</DELETED>
        <DELETED>    ``(7) Local determination of material to be 
        filtered.--For purposes of paragraphs (2) and (3), the 
        determination of what material is to be deemed harmful to 
        minors shall be made by the school, school board, library or 
        other authority responsible for making the required 
        certification. No agency or instrumentality of the United 
        States Government may--</DELETED>
                <DELETED>    ``(A) establish criteria for making that 
                determination;</DELETED>
                <DELETED>    ``(B) review the determination made by the 
                certifying school, school board, library, or other 
                authority; or</DELETED>
                <DELETED>    ``(C) consider the criteria employed by 
                the certifying school, school board, library, or other 
                authority in the administration of subsection 
                (h)(1)(B).''.</DELETED>
<DELETED>    (b) Conforming Change.--Section 254(h)(1)(B) of the 
Communications Act of 1934 (47 U.S.C. 254(h)(1)(B)) is amended by 
striking ``All telecommunications'' and inserting ``Except as provided 
by subsection (l), all telecommunications''.</DELETED>

<DELETED>SEC. 3. FCC TO ADOPT RULES WITHIN 4 MONTHS.</DELETED>

<DELETED>    The Federal Communications Commission shall adopt rules 
implementing section 254(l) of the Communications Act of 1934 within 
120 days after the date of enactment of this Act.</DELETED>

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Childrens' 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; and
                                    ``(II) child pornography; and
                            ``(ii) is enforcing a policy to ensure the 
                        operation of the technology during any use of 
                        such computers by minors.
                    ``(C) Additional use of technology.--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 for minors.
                    ``(D) Timing of certifications.--
                            ``(i) Schools with computers on effective 
                        date.--
                                    ``(I) In general.--Subject to 
                                subclause (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 Childrens' 
                                Internet Protection Act, the 
                                certification under subparagraph (B) 
                                shall be made not later than 30 days 
                                after such effective date.
                                    ``(II) Delay.--A certification for 
                                a school covered by subclause (I) may 
                                be made at a date that is later than is 
                                otherwise required by that subclause if 
                                State or local procurement rules or 
                                regulations or competitive bidding 
                                requirements prevent the making of the 
                                certification on the date otherwise 
                                required by that subclause. A school, 
                                school board, or other authority with 
                                responsibility for administration of 
                                the school shall notify the Commission 
                                of the applicability of this subclause 
                                to the school. Such notice shall 
                                specify the date on which the 
                                certification with respect to the 
                                school shall be effective for purposes 
                                of this clause.
                            ``(ii) Schools acquiring computers after 
                        effective date.--In the case of any school that 
                        first becomes covered by this paragraph after 
                        such effective date, the certification under 
                        subparagraph (B) shall be made not later than 
                        10 days after the date on which the school 
                        first becomes so covered.
                            ``(iii) No requirement for additional 
                        certifications.--A school that has submitted a 
                        certification under subparagraph (B) shall not 
                        be required for purposes of this paragraph to 
                        submit an additional certification under that 
                        subparagraph with respect to any computers 
                        having Internet access that are acquired by the 
                        school after the submittal of the 
                        certification.
                    ``(E) Noncompliance.--
                            ``(i) Failure to submit certification.--Any 
                        school that knowingly fails to submit a 
                        certification required by this paragraph shall 
                        reimburse each telecommunications carrier that 
                        provided such school services at discount rates 
                        under paragraph (1)(B) after the effective date 
                        of this paragraph under section 2(h) of the 
                        Childrens' Internet Protection Act in an amount 
                        equal to the amount of the discount provided 
                        such school by such carrier for such services 
                        during the period beginning on such effective 
                        date and ending on the date on which the 
                        provision of such services at discount rates 
                        under paragraph (1)(B) is determined to cease 
                        under subparagraph (F).
                            ``(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 reimburse each 
                        telecommunications carrier that provided such 
                        school services at discount rates under 
                        paragraph (1)(B) after the date of such 
                        certification in an amount equal to the amount 
                        of the discount provided such school by such 
                        carrier for such services during the period 
                        beginning on the date of such certification and 
                        ending on the date on which the provision of 
                        such services at discount rates under paragraph 
(1)(B) is determined to cease under subparagraph (F).
                            ``(iii) Treatment of reimbursement.--The 
                        receipt by a telecommunications carrier of any 
                        reimbursement under this subparagraph shall not 
                        affect the carrier's treatment of the discount 
                        on which such reimbursement was based in 
                        accordance with the third sentence of paragraph 
                        (1)(B).
                    ``(F) Cessation date.--
                            ``(i) Determination.--The Commission shall 
                        determine the date on which the provision of 
                        services at discount rates under paragraph 
                        (1)(B) shall cease under this paragraph by 
                        reason of the failure of a school to comply 
                        with the requirements of this paragraph.
                            ``(ii) Notification.--The Commission shall 
                        notify telecommunications carriers of each 
                        school determined to have failed to comply with 
                        the requirements of this paragraph and of the 
                        period for which such school shall be liable to 
                        make reimbursement under subparagraph (E).
                    ``(G) Recommencement of discounts.--
                            ``(i) Recommencement.--Upon submittal to 
                        the Commission of a certification under 
                        subparagraph (B) with respect to a school to 
                        which clause (i) or (ii) of subparagraph (E) 
                        applies, the school shall be entitled to 
                        services at discount rates under paragraph 
                        (1)(B).
                            ``(ii) Notification.--The Commission shall 
                        notify the school and telecommunications 
                        carriers of the recommencement of the school's 
                        entitlement to services at discount rates under 
                        this subparagraph and of the date on which such 
                        recommencement begins.
                            ``(iii) Additional noncompliance.--The 
                        provisions of subparagraphs (E) and (F) shall 
                        apply to any certification submitted under 
                        clause (i).
                    ``(H) Limitation on federal action.--
                            ``(i) In general.--No agency or 
                        instrumentality of the United States Government 
                        may--
                                    ``(I) establish any criteria for 
                                making a determination under 
                                subparagraph (C);
                                    ``(II) review a determination made 
                                by a school, school board, or other 
                                authority for purposes of a 
                                certification under subparagraph (B); 
                                or
                                    ``(III) consider the criteria 
                                employed by a school, school board, or 
                                other authority for purposes of 
                                determining the eligibility of a school 
                                for services at discount rates under 
                                paragraph (1)(B).
                            ``(ii) Action by commission.--The 
                        Commission may not take any action against a 
                        school, school board, or other authority for a 
                        violation of a provision of this paragraph if 
                        the school, school board, or other authority, 
                        as the case may be, has made a good faith 
                        effort to comply with such provision.''.
    (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) Certifications.--
                            ``(i) Libraries with one computer having 
                        internet access.--A certification under this 
                        subparagraph with respect to a library that has 
                        only one computer with Internet access is a 
                        certification that the library is enforcing a 
                        policy to ensure that minors do not use the 
                        computer for Internet access to--
                                    ``(I) material that is obscene; and
                                    ``(II) child pornography.
                            ``(ii) Libraries with more than one 
                        computer having internet access.--A 
                        certification under this subparagraph with 
                        respect to any library covered by this 
                        paragraph, and not covered by clause (i), is a 
                        certification that the library--
                                    ``(I) has selected a technology for 
                                its computers with Internet access in 
                                order to filter or block Internet 
                                access through such computers to--
                                            ``(aa) material that is 
                                        obscene; and
                                            ``(bb) child pornography; 
                                        and
                                    ``(II) is enforcing a policy to 
                                ensure the operation of the technology 
                                during any use of such computers by 
                                minors.
                    ``(C) Additional use of technology.--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 for 
                minors.
                    ``(D) Timing of certifications.--
                            ``(i) Libraries with computers on effective 
                        date.--
                                    ``(I) In general.--In the case of 
                                any library covered by this paragraph 
                                as of the effective date of this 
                                paragraph under section 2(h) of the 
                                Childrens' Internet Protection Act, the 
                                applicable certification under 
                                subparagraph (B) shall be made not 
                                later than 30 days after such effective 
                                date.
                                    ``(II) Delay.--A certification for 
                                a library covered by subclause (I) may 
                                be made at a date than is later than is 
                                otherwise required by that subclause if 
                                State or local procurement rules or 
                                regulations or competitive bidding 
                                requirements prevent the making of the 
                                certification on the date otherwise 
                                required by that subclause. A library 
                                shall notify the Commission of the 
                                applicability of this subclause to the 
                                library. Such notice shall specify the 
                                date on which the certification with 
                                respect to the library shall be 
                                effective for purposes of this clause.
                            ``(ii) Libraries acquiring computers after 
                        effective date.--In the case of any library 
                        that first becomes subject to a certification 
                        under either clause (i) or (ii) of subparagraph 
                        (B) after such effective date, the applicable 
                        certification under that subparagraph shall be 
                        made not later than 10 days after the date on 
                        which the library first becomes so subject.
                            ``(iii) No requirement for additional 
                        certifications.--A library that has submitted a 
                        certification under subparagraph (B)(ii) shall 
                        not be required for purposes of this paragraph 
                        to submit an additional certification under 
                        that subparagraph with respect to any computers 
                        having Internet access that are acquired by the 
                        library after the submittal of such 
                        certification.
                    ``(E) Noncompliance.--
                            ``(i) Failure to submit certification.--Any 
                        library that knowingly fails to submit a 
                        certification required by this paragraph shall 
                        reimburse each telecommunications carrier that 
                        provided such library services at discount 
                        rates under paragraph (1)(B) after the 
                        effective date of this paragraph under section 
                        2(h) of the Childrens' Internet Protection Act 
                        in an amount equal to the amount of the 
                        discount provided such library by such carrier 
                        for such services during the period beginning 
                        on such effective date and ending on the date 
                        on which the provision of such services at 
                        discount rates under paragraph (1)(B) is 
                        determined to cease under subparagraph (F).
                            ``(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 reimburse each 
                        telecommunications carrier that provided such 
                        library services at discount rates under 
                        paragraph (1)(B) after the date of such 
                        certification in an amount equal to the amount 
                        of the discount provided such library by such 
                        carrier for such services during the period 
                        beginning on the date of such certification and 
                        ending on the date on which the provision of 
                        such services at discount rates under paragraph 
                        (1)(B) is determined to cease under 
                        subparagraph (F).
                            ``(iii) Treatment of reimbursement.--The 
                        receipt by a telecommunications carrier of any 
                        reimbursement under this subparagraph shall not 
                        affect the carrier's treatment of the discount 
                        on which such reimbursement was based in 
                        accordance with the third sentence of paragraph 
                        (1)(B).
                    ``(F) Cessation date.--
                            ``(i) Determination.--The Commission shall 
                        determine the date on which the provision of 
                        services at discount rates under paragraph 
                        (1)(B) shall cease under this paragraph by 
                        reason of the failure of a library to comply 
                        with the requirements of this paragraph.
                            ``(ii) Notification.--The Commission shall 
                        notify telecommunications carriers of each 
                        library determined to have failed to comply 
                        with the requirements of this paragraph and of 
                        the period for which such library shall be 
                        liable to make reimbursement under subparagraph 
                        (E).
                    ``(G) Recommencement of discounts.--
                            ``(i) Recommencement.--Upon submittal to 
                        the Commission of a certification under 
                        subparagraph (B) with respect to a library to 
                        which clause (i) or (ii) of subparagraph (E) 
                        applies, the library shall be entitled to 
                        services at discount rates under paragraph 
                        (1)(B).
                            ``(ii) Notification.--The Commission shall 
                        notify the library and telecommunications 
                        carriers of the recommencement of the library's 
                        entitlement to services at discount rates under 
                        this paragraph and of the date on which such 
                        recommencement begins.
                            ``(iii) Additional noncompliance.--The 
                        provisions of subparagraphs (E) and (F) shall 
apply to any certification submitted under clause (i).
                    ``(H) Limitation on federal action.--
                            ``(i) In general.--No agency or 
                        instrumentality of the United States Government 
                        may--
                                    ``(I) establish any criteria for 
                                making a determination under 
                                subparagraph (C);
                                    ``(II) review a determination made 
                                by a library for purposes of a 
                                certification under subparagraph (B); 
                                or
                                    ``(III) consider the criteria 
                                employed by a library purposes of 
                                determining the eligibility of the 
                                library for services at discount rates 
                                under paragraph (1)(B).
                            ``(ii) Action by commission.--The 
                        Commission may not take any action against a 
                        library for a violation of a provision of this 
                        paragraph if the library has made a good faith 
                        effort to comply with such provision.''.
    (c) Minor Defined.--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.''.
    (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 requirements prescribed under paragraph (1) shall 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 aquisition 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.