I

106TH CONGRESS

1ST SESSION H. R. 896

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 HOUSE OF REPRESENTATIVES

MARCH 2, 1999

Mr. FRANKS of New Jersey introduced the following bill; which was referred

to the Committee on Commerce

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.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Childrens’ Internet

5 Protection Act’’.
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1 SEC. 2. NO UNIVERSAL SERVICE FOR SCHOOLS OR LIBRAR2 IES THAT FAIL TO IMPLEMENT A FILTERING

3 OR BLOCKING TECHNOLOGY FOR COMPUT4 ERS WITH INTERNET ACCESS.

5 (a) IN GENERAL.—Section 254 of the Communica6 tions Act of 1934 (47 U.S.C. 254) is amended by adding

7 at the end thereof the following:

8 ‘‘(l) IMPLEMENTATION OF AN INTERNET FILTERING

9 OR BLOCKING TECHNOLOGY.—

10 ‘‘(1) IN GENERAL.—An elementary school, sec11 ondary school, or library that fails to provide the

12 certification required by paragraph (2) or (3), re13 spectively, is not eligible to receive or retain univer14 sal service assistance provided under subsection

15 (h)(1)(B).

16 ‘‘(2) CERTIFICATION FOR SCHOOLS.—To be eli17 gible to receive universal service assistance under

18 subsection (h)(1)(B), an elementary or secondary

19 school (or the school board or other authority with

20 responsibility for administration of that school) shall

21 certify to the Commission that it has—

22 ‘‘(A) selected a technology for computers

23 with Internet access to filter or block material

24 deemed to be harmful to minors; and

25 ‘‘(B) installed, or will install, and uses or

26 will use, as soon as it obtains computers with
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1 Internet access, a technology to filter or block

2 such material.

3 ‘‘(3) CERTIFICATION FOR LIBRARIES.—To be

4 eligible to receive universal service assistance under

5 subsection (h)(1)(B), a library shall certify to the

6 Commission that it has installed a technology to fil7 ter or block material deemed to be harmful to mi8 nors on its computers with Internet access and uses

9 such technology while the computers are being used

10 by minors.

11 ‘‘(4) TIME FOR CERTIFICATION.—The certifi12 cation required by paragraph (2) or (3) shall be

13 made within 30 days of the date of enactment of the

14 Childrens’ Internet Protection Act, or, if later, with15 in 10 days of the date on which any computer with

16 access to the Internet is first made available in the

17 school or library for its intended use.

18 ‘‘(5) NOTIFICATION OF CESSATION; ADDI19 TIONAL INTERNET-ACCESSING COMPUTER.—

20 ‘‘(A) CESSATION.—A library that has filed

21 the certification required by paragraph (3)(A)

22 shall notify the Commission within 10 days

23 after the date on which it ceases to use the fil24 tering or blocking technology to which the cer25 tification related.
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1 ‘‘(B) ADDITIONAL INTERNET-ACCESSING

2 COMPUTER.—A library that has filed the certifi3 cation required by paragraph (3)(B) that adds

4 another computer with Internet access intended

5 for use by the public (including minors) shall

6 make the certification required by paragraph

7 (3)(A) within 10 days after that computer is

8 made available for use by the public.

9 ‘‘(6) PENALTY FOR FAILURE TO COMPLY.—A

10 school or library that fails to meet the requirements

11 of this subsection is liable to repay immediately the

12 full amount of all universal service assistance it re13 ceived under subsection (h)(1)(B).

14 ‘‘(7) LOCAL DETERMINATION OF MATERIAL TO

15 BE FILTERED.—For purposes of paragraphs (2) and

16 (3), the determination of what material is to be

17 deemed harmful to minors shall be made by the

18 school, school board, library or other authority re19 sponsible for making the required certification. No

20 agency or instrumentality of the United States Gov21 ernment may—

22 ‘‘(A) establish criteria for making that de23 termination;
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1 ‘‘(B) review the determination made by the

2 certifying school, school board, library, or other

3 authority; or

4 ‘‘(C) consider the criteria employed by the

5 certifying school, school board, library, or other

6 authority in the administration of subsection

7 (h)(1)(B).’’.

8 (b) CONFORMING CHANGE.—Section 254(h)(1)(B) of

9 the Communications Act of 1934 (47 U.S.C.

10 254(h)(1)(B)) is amended by striking ‘‘All telecommuni11 cations’’ and inserting ‘‘Except as provided by subsection

12 (l), all telecommunications’’.

13 SEC. 3. FCC TO ADOPT RULES WITHIN 4 MONTHS.

14 The Federal Communications Commission shall

15 adopt rules implementing section 254(l) of the Commu16 nications Act of 1934 within 120 days after the date of

17 enactment of this Act.

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