U.S. GOVERNMENT PUBLISHING OFFICE

WASHINGTON : 

1 

69–010 

" ! SENATE 

114TH CONGRESS

2d Session 

REPORT

2016

114–368 

Calendar No. 659 

RURAL HEALTH CARE CONNECTIVITY ACT 

OF 2015 

R E P O R T 

OF THE

COMMITTEE ON COMMERCE, SCIENCE, AND 

TRANSPORTATION 

ON

S. 1916 

OCTOBER 27, 2016.—Ordered to be printed 

Filed, under authority of the order of the Senate of September 29, 2016 


Sspencer on DSK4SPTVN1PROD with REPORTScongress.#13
(II) 

SENATE COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION 

ONE HUNDRED FOURTEENTH CONGRESS

SECOND SESSION

JOHN THUNE, South Dakota, Chairman 

ROGER F. WICKER, Mississippi BILL NELSON, Florida 

ROY BLUNT, Missouri MARIA CANTWELL, Washington 

MARCO RUBIO, Florida CLAIRE MCCASKILL, Missouri 

KELLY AYOTTE, New Hampshire AMY KLOBUCHAR, Minnesota 

TED CRUZ, Texas RICHARD BLUMENTHAL, Connecticut 

DEB FISCHER, Nebraska BRIAN SCHATZ, Hawaii 

JERRY MORAN, Kansas ED MARKEY, Massachusetts 

DAN SULLIVAN, Alaska CORY BOOKER, New Jersey 

RON JOHNSON, Wisconsin TOM UDALL, New Mexico 

DEAN HELLER, Nevada JOE MANCHIN, West Virginia 

CORY GARDNER, Colorado GARY PETERS, Michigan 

STEVE DAINES, Montana 

NICK ROSSI, Staff Director 

ADRIAN ARNAKIS, Deputy Staff Director 

JASON VAN BEEK, General Counsel 

KIM LIPSKY, Democratic Staff Director 

CHRISTOPHER DAY, Democratic Deputy Staff Director 

CLINT ODOM, Democratic General Counsel 


Sspencer on DSK4SPTVN1PROD with REPORTS
Calendar No. 659 

114TH CONGRESS REPORT " ! SENATE 2d Session 114–368 

RURAL HEALTH CARE CONNECTIVITY ACT OF 2015 

OCTOBER 27, 2016.—Ordered to be printed 

Filed, under authority of the order of the Senate of September 29, 2016 

Mr. THUNE, from the Committee on Commerce, Science, and 

Transportation, submitted the following 

R E P O R T 

[To accompany S. 1916] 

The Committee on Commerce, Science, and Transportation, to 

which was referred the bill (S. 1916) to include skilled nursing facilities as a type of health care provider under section 254(h) of the 

Communications Act of 1934, having considered the same, reports 

favorably thereon (without amendment) and recommends that the 

bill do pass. 

PURPOSE OF THE BILL

The purpose of S. 1916, the Rural Health Care Connectivity Act 

of 2015, is to include skilled nursing facilities (SNFs) among the 

types of health care providers that may obtain support from the 

Universal Service Fund’s (USF) Rural Health Care Program 

(RHCP). 

BACKGROUND AND NEEDS

Americans living in rural areas face acute shortages of primary 

care physicians and specialists, and often must travel long distances to obtain medical care. SNFs are particularly well-suited to 

improve patient outcomes in these rural areas, providing some of 

the same post-acute services that are traditionally provided at hospitals, such as the management, observation, and evaluation of patient care. As the Federal Communications Commission (FCC) has 

noted, by their nature, SNFs are often remote from doctors and sophisticated laboratory and testing facilities, making the availability 

of electronic health records and telehealth an especially valuable 


Sspencer on DSK4SPTVN1PROD with REPORTS
2 

benefit to rural convalescents or patients for whom traveling to see 

a doctor, diagnostician, or specialist would be especially difficult. 

The RHCP provides USF funding for telecommunications and 

broadband services used to provide health care services to rural 

Americans. Section 254(h) of the Communications Act of 1934 (47 

U.S.C. 254(h)) specifies which types of health care providers are eligible to receive RHCP support. These include: post-secondary educational institutions offering healthcare instruction, teaching hospitals, and medical schools; community health centers or health 

centers providing health care to migrants; local health departments 

or agencies; community mental health centers; not-for-profit hospitals; rural health clinics; and a consortia of health care providers 

consisting of one or more of the aforementioned entities. SNFs, 

however, are not included in that Act. 

In 2012, the FCC proposed to include not-for-profit SNFs within 

the definition of ‘‘not-for-profit hospital’’ under the Communications 

Act of 1934 (47 U.S.C. 151 et seq.), and it also proposed to establish 

a pilot program to provide limited RHCP support to those SNFs beginning in 2014. That pilot program was later deferred pending 

FCC action on other issues related to the RHCP, and the FCC has 

not implemented the expanded definition of ‘‘non-for-profit hospitals.’’ Thus, SNFs remain ineligible today to receive RHCP support. 

SUMMARY OF PROVISIONS

S. 1916 would amend the Communications Act of 1934 to include 

SNFs among the types of health care providers that are eligible for 

RHCP support and may request from a telecommunications carrier 

under the USF the necessary telecommunications and information 

services to serve persons who reside in rural areas at rates that are 

reasonably comparable to rates charged for similar services in 

urban areas. 

LEGISLATIVE HISTORY

On August 3, 2015, Chairman Thune introduced the Rural 

Health Care Connectivity Act of 2015. The legislation is cosponsored by Senators Klobuchar, Hoeven, and Fischer. Similar legislation (H.R. 4111) was introduced in the House of Representatives by 

Representative Leonard Lance on November 19, 2015. 

On November 18, 2015, the Committee ordered that S. 1916 be 

reported favorably without amendment. 

ESTIMATED COSTS

In accordance with paragraph 11(a) of rule XXVI of the Standing 

Rules of the Senate and section 403 of the Congressional Budget 

Act of 1974, the Committee provides the following cost estimate, 

prepared by the Congressional Budget Office: 

S. 1916—Rural Health Care Connectivity Act of 2015 

Summary: S. 1916 would make certain skilled nursing facilities 

eligible for grants under the Universal Service Fund’s (USF’s) 

Rural Health Care (RHC) program. The Universal Service program 

is administered by the Federal Communications Commission (FCC) 

and is intended to promote the availability of telecommunications 


Sspencer on DSK4SPTVN1PROD with REPORTS
3 

services at affordable rates. The cash flows of the USF appear in 

the budget as direct spending (for amounts distributed from the 

fund) and as revenues (for fund collections). 

CBO estimates that enacting S. 1916 would increase direct spending by $197 million over the 2017–2026 period and result in 

increased revenue collections of $215 million over the same period, 

resulting in an estimated net reduction in the deficit of $18 million. 

CBO estimates that implementing the bill would have no significant discretionary costs. Pay-as-you-go procedures apply because 

enacting the legislation would affect direct spending and revenues. 

CBO estimates that enacting the legislation would not increase net direct spending or on-budget deficits by more than $5 billion 

in one or more of the four consecutive 10-year periods beginning in 

2027. 

S. 1916 contains no intergovernmental mandates as defined in 

the Unfunded Mandates Reform Act (UMRA). CBO expects the 

FCC would increase fee collections associated with the USF to offset some of the costs of expanding the Rural Health Care program. 

As a result, the bill would increase the cost of an existing mandate 

on private entities required to pay those fees. Based on information 

from the FCC, CBO estimates that the cost of the mandate would 

amount to no more than $25 million in any of the next five years. 

Thus, the aggregate cost of the mandate would fall below the annual threshold established in UMRA for private-sector mandates 

($154 million in 2016, adjusted annually for inflation). 

Estimated cost to the Federal Government: The estimated budgetary effect of S. 1916 is shown in the following table. The costs 

of this legislation fall within budget function 370 (commerce and 

housing credit). 

By fiscal year, in millions of dollars— 

2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2017– 

2021 

2017– 

2026 

INCREASE IN DIRECT SPENDING 

Estimated Budget Authority .. 5 10 15 20 25 25 25 30 30 30 75 215 

Estimated Outlays ................. 3 7 12 17 22 24 25 28 29 30 61 197 

INCREASE IN REVENUES 

Estimated Revenues .............. 5 10 15 20 25 25 25 30 30 30 75 215 

NET DECREASE IN THE DEFICIT 

Impact on Deficit ................... ¥2 ¥3 ¥3 ¥3 ¥3 ¥1 0 ¥2 ¥1 0 ¥14 ¥18 

Basis of estimate: Current law authorizes the Universal Service 

program to collect and spend up to $400 million a year for Rural 

Health Care (RHC) programs, which provide reduced rates for telecommunications services for certain rural public and nonprofit 

health care providers. Expanding the eligibility criteria to include 

skilled nursing facilities (SNFs) would increase direct spending and 

revenues because the RHC programs currently operate below the 

statutory cap on total spending. 

CBO estimates that enacting the program over the 2017–2026 period would increase direct spending and revenues by $197 million and $215 million, respectively, resulting in a net reduction in 

the deficit of $18 million over that period. CBO estimates that an 

average of 1,650 public and nonprofit SNFs in rural areas would 

be eligible for grants during that period and that participation 


Sspencer on DSK4SPTVN1PROD with REPORTS
4 

rates and grant awards would be similar to those for existing RHC 

programs. Based on information from the FCC, CBO estimates that 

participation rates would reach 75 percent over a period of several 

years and that certain non-rural entities affiliated with those participants also would receive funding. Grant awards would vary in 

size depending on the recipient’s location and choice of benefits. In 

2015, most RHC grantees received an average of about $14,000 for 

telecommunications services; by contrast, payments to entities in 

Alaska averaged roughly $140,000 because of the higher cost of 

services in that state. CBO estimates that grants would average 

about $18,000 a year over the next 10 years, reflecting the historical growth in payments for other RHC programs. 

Finally, based on information from the FCC, CBO estimates that 

the administrative activities needed to implement the new program 

would not have a significant effect on the agency’s operating costs. 

Moreover, under current law, the FCC is authorized to collect fees 

sufficient to offset the cost of its regulatory activities each year. 

Pay-As-You-Go considerations: The Statutory Pay-As-You-Go Act 

of 2010 establishes budget-reporting and enforcement procedures 

for legislation affecting direct spending or revenues. The net 

changes in outlays and revenues that are subject to those pay-asyou-go procedures are shown in the following table. 

CBO ESTIMATE OF PAY-AS-YOU-GO EFFECTS FOR S. 1916, AS ORDERED REPORTED BY THE 

SENATE COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION ON NOVEMBER 18, 2015 

By fiscal year, in millions of dollars— 

2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2016– 

2021 

2016– 

2026 

DECREASE IN THE DEFICIT 

Statutory Pay-As-YouGo Impact ............. 0 ¥2 ¥3 ¥3 ¥3 ¥3 ¥1 0 ¥2 ¥1 0 ¥14 ¥18 

Memorandum: 

Changes in 

Outlays ........ 0 3 7 12 17 22 24 25 28 29 30 61 197 

Changes in 

Revenues ..... 0 5 10 15 20 25 25 25 30 30 30 75 215 

Increase in long-term direct spending and deficits: CBO estimates that enacting the legislation would not increase net direct 

spending or on-budget deficits by more than $5 billion in any of the 

four consecutive 10-year periods beginning in 2027. 

Estimated impact on state, local, and tribal governments: S. 1916 

contains no intergovernmental mandates as defined in UMRA. 

Estimated impact on the private sector: CBO expects the FCC to 

increase fee collections to offset the costs associated with expanding 

the USF’s Rural Health Care program to cover skilled nursing facilities. As a result, the bill would increase the cost of an existing 

mandate on some telecommunications companies required to pay 

those fees. Based on information from the FCC, CBO estimates 

that the cost of the mandate would amount to about $5 million in 

2017, increasing to about $25 million in 2021. Therefore, the incremental cost of the mandate would fall below the annual threshold 

established in UMRA for private-sector mandates ($154 million in 

2016, adjusted annually for inflation). CBO expects that telecommunications companies would generally pass most of the cost 

of the fee increase on to consumers. 


Sspencer on DSK4SPTVN1PROD with REPORTS
5 

Estimate prepared by: Federal costs: Kathleen Gramp; impact on 

state, local, and tribal governments: Melisa Merrell; impact on the 

private sector: Logan Smith. 

Estimate approved by: Theresa Gullo, Assistant Director for 

Budget Analysis. 

REGULATORY IMPACT

In accordance with paragraph 11(b) of rule XXVI of the Standing 

Rules of the Senate, the Committee provides the following evaluation of the regulatory impact of the legislation, as reported: 

NUMBER OF PERSONS COVERED

There are approximately 1,650 public and nonprofit SNFs in 

rural areas, many of which would be eligible to participate in the 

RHCP if S. 1916 is enacted. 

ECONOMIC IMPACT

This legislation would not have an adverse economic impact on 

the Nation. The bill would promote rural health care by making 

SNFs eligible to receive telecommunications and information services to serve persons who reside in rural areas at rates that are 

reasonably comparable to rates charged for similar services in 

urban areas. 

PRIVACY

The bill would not have any adverse impact on the personal privacy of individuals. 

PAPERWORK

The Committee does not anticipate a major increase in paperwork burdens resulting from the passage of this legislation. 

CONGRESSIONALLY DIRECTED SPENDING

In compliance with paragraph 4(b) of rule XLIV of the Standing 

Rules of the Senate, the Committee provides that no provisions 

contained in the bill, as reported, meet the definition of congressionally directed spending items under the rule. 

SECTION-BY-SECTION ANALYSIS

Section 1. Short title. 

Section 1 would designate this Act as the ‘‘Rural Health Care 

Connectivity Act of 2015.’’ 

Section 2. Telecommunications services for skilled nursing facilities. 

Section 2 would amend section 254(h) of the Communications Act 

of 1934 (47 U.S.C. 254) to include SNFs in the definition of health 

care providers under that subsection. 

CHANGES IN EXISTING LAW

In compliance with paragraph 12 of rule XXVI of the Standing 

Rules of the Senate, changes in existing law made by the bill, as 


Sspencer on DSK4SPTVN1PROD with REPORTS
6 

reported, are shown as follows (existing law proposed to be omitted 

is enclosed in black brackets, new material is printed in italic, existing law in which no change is proposed is shown in roman): 

COMMUNICATIONS ACT OF 1934 

[47 U.S.C. 151 et seq.] 

SEC. 254. UNIVERSAL SERVICE. 

* * * * * * * 

(h) TELECOMMUNICATIONS SERVICES FOR CERTAIN PROVIDERS.— 

(1) IN GENERAL.— 

(A) HEALTH CARE PROVIDERS FOR RURAL AREAS.—A telecommunications carrier shall, upon receiving a bona fide 

request, provide telecommunications services which are 

necessary for the provision of health care services in a 

State, including instruction relating to such services, to 

any public or nonprofit health care provider that serves 

persons who reside in rural areas in that State at rates 

that are reasonably comparable to rates charged for similar services in urban areas in that State. A telecommunications carrier providing service under this paragraph 

shall be entitled to have an amount equal to the difference, 

if any, between the rates for services provided to health 

care providers for rural areas in a State and the rates for 

similar services provided to other customers in comparable 

rural areas in that State treated as a service obligation as 

a part of its obligation to participate in the mechanisms to 

preserve and advance universal service. 

(B) EDUCATIONAL PROVIDERS AND LIBRARIES.—All telecommunications carriers serving a geographic area shall, 

upon a bona fide request for any of its services that are 

within the definition of universal service under subsection 

(c)(3), provide such services to elementary schools, secondary schools, and libraries for educational purposes at 

rates less than the amounts charged for similar services to 

other parties. The discount shall be an amount that the 

Commission, with respect to interstate services, and the 

States, with respect to intrastate services, determine is appropriate and necessary to ensure affordable access to and 

use of such services by such entities. A telecommunications 

carrier providing service under this paragraph shall— 

(i) have an amount equal to the amount of the discount treated as an offset to its obligation to contribute to the mechanisms to preserve and advance 

universal service, or 

(ii) notwithstanding the provisions of subsection (e) 

of this section, receive reimbursement utilizing the 

support mechanisms to preserve and advance universal service. 

(2) ADVANCED SERVICES.—The Commission shall establish 

competitively neutral rules— 

(A) to enhance, to the extent technically feasible and economically reasonable, access to advanced telecommunications and information services for all public and nonVerDate Sep 11 2014 05:37 Oct 28, 2016 Jkt 069010 PO 00000 Frm 00008 Fmt 6659 Sfmt 6602 E:\HR\OC\SR368.XXX SR368

Sspencer on DSK4SPTVN1PROD with REPORTS
7 

profit elementary and secondary school classrooms, health 

care providers, and libraries; and 

(B) to define the circumstances under which a telecommunications carrier may be required to connect its network to such public institutional telecommunications 

users. 

(3) TERMS AND CONDITIONS.—Telecommunications services 

and network capacity provided to a public institutional telecommunications user under this subsection may not be sold, 

resold, or otherwise transferred by such user in consideration 

for money or any other thing of value. 

(4) ELIGIBILITY OF USERS.—No entity listed in this subsection 

shall be entitled to preferential rates or treatment as required 

by this subsection, if such entity operates as a for-profit business, is a school described in paragraph (7)(A) with an endowment of more than $50,000,000, or is a library or library consortium not eligible for assistance from a State library administrative agency under the Library Services and Technology 

Act. 

(5) REQUIREMENTS FOR CERTAIN SCHOOLS WITH COMPUTERS

HAVING INTERNET ACCESS.— (A) INTERNET SAFETY.— (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, local educational agency, or other authority with responsibility for administration of the 

school— 

(I) submits to the Commission the certifications 

described in subparagraphs (B) and (C); 

(II) submits to the Commission a certification 

that an Internet safety policy has been adopted 

and implemented for the school under subsection 

(l); and 

(III) ensures the use of such computers in accordance with the certifications. 

(ii) APPLICABILITY.—The prohibition in clause (i) 

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. 

(iii) PUBLIC NOTICE; HEARING.—An elementary or 

secondary school described in clause (i), or the school 

board, local educational agency, or other authority 

with responsibility for administration of the school, 

shall provide reasonable public notice and hold at 

least 1 public hearing or meeting to address the proposed Internet safety policy. In the case of an elementary or secondary school other than an elementary or 

secondary school as defined in section 14101 of the Elementary and Secondary Education Act of 1965 (20 

U.S.C. 8801), the notice and hearing required by this 

clause may be limited to those members of the public 

with a relationship to the school. 


Sspencer on DSK4SPTVN1PROD with REPORTS
8 

(B) CERTIFICATION WITH RESPECT TO MINORS.—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 of Internet safety for minors 

that includes monitoring the online activities of minors and the operation of a technology protection 

measure with respect to any of its computers with 

Internet access that protects against access through 

such computers to visual depictions that are— 

(I) obscene; 

(II) child pornography; or 

(III) harmful to minors; 

(ii) is enforcing the operation of such technology protection measure during any use of such computers by 

minors; and 

(iii) as part of its Internet safety policy is educating 

minors about appropriate online behavior, including 

interacting with other individuals on social networking 

websites and in chat rooms and cyberbullying awareness and response. 

(C) CERTIFICATION WITH RESPECT TO ADULTS.—A certification under this paragraph 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 of Internet safety that includes the operation of a technology protection measure with respect to any of its computers with Internet 

access that protects against access through such computers to visual depictions that are— 

(I) obscene; or 

(II) child pornography; and 

(ii) is enforcing the operation of such technology protection measure during any use of such computers. 

(D) DISABLING DURING ADULT USE.—An administrator, 

supervisor, or other person authorized by the certifying authority under subparagraph (A)(i) may disable the technology protection measure concerned, during use by an 

adult, to enable access for bona fide research or other lawful purpose. 

(E) 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 1721(h) of 

the Children’s Internet Protection Act, the certification 

under subparagraphs (B) and (C) 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. 


Sspencer on DSK4SPTVN1PROD with REPORTS
9 

(ii) PROCESS.— (I) Schools with internet safety policy and technology protection measures in place. A school covered by clause (i) that has in place an Internet 

safety policy and technology protection measures 

meeting the requirements necessary for certification under subparagraphs (B) and (C) shall certify its compliance with subparagraphs (B) and (C) 

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 1721(h) of 

the Children’s Internet Protection Act [note to this 

section], the certifications shall be made not later 

than 120 days after the beginning of such first 

program funding year. 

(II) SCHOOLS WITHOUT INTERNET SAFETY POLICY

AND TECHNOLOGY PROTECTION MEASURES IN

PLACE.—A school covered by clause (i) that does 

not have in place an Internet safety policy and 

technology protection measures meeting the requirements necessary for certification under subparagraphs (B) and (C)— 

(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 an Internet safety policy 

and technology protection measures meeting 

the requirements necessary for certification 

under subparagraphs (B) and (C); 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 subparagraphs (B) and (C). 

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 subparagraphs (B) and (C) 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 


Sspencer on DSK4SPTVN1PROD with REPORTS
10 

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. 

(F) 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 services at discount rates or funding in lieu of services at such rates under this subsection. 

(ii) FAILURE TO COMPLY WITH CERTIFICATION.—Any 

school that knowingly fails to ensure the use of its 

computers in accordance with a certification under 

subparagraphs (B) and (C) shall reimburse any funds 

and discounts received under this subsection for the 

period covered by such certification. 

(iii) REMEDY OF NONCOMPLIANCE.— (I) FAILURE TO SUBMIT.—A school that has failed 

to submit a certification under clause (i) may remedy the failure by submitting the certification to 

which the failure relates. Upon submittal of such 

certification, the school shall be eligible for services at discount rates under this subsection. 

(II) FAILURE TO COMPLY.—A school that has 

failed to comply with a certification as described 

in clause (ii) may remedy the failure by ensuring 

the use of its computers in accordance with such 

certification. Upon submittal to the Commission of 

a certification or other appropriate evidence of 

such remedy, the school shall be eligible for services at discount rates under this subsection. 

(6) REQUIREMENTS FOR CERTAIN LIBRARIES WITH COMPUTERS

HAVING INTERNET ACCESS.— (A) INTERNET SAFETY.— (i) IN GENERAL.—Except as provided in clause (ii), 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 the certifications 

described in subparagraphs (B) and (C); and 

(II) submits to the Commission a certification 

that an Internet safety policy has been adopted 

and implemented for the library under subsection 

(l); and 

(III) ensures the use of such computers in accordance with the certifications. 

(ii) APPLICABILITY.—The prohibition in clause (i) 

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. 


Sspencer on DSK4SPTVN1PROD with REPORTS
11 

(iii) PUBLIC NOTICE; HEARING.—A library described 

in clause (i) shall provide reasonable public notice and 

hold at least 1 public hearing or meeting to address 

the proposed Internet safety policy. 

(B) CERTIFICATION WITH RESPECT TO MINORS.—A certification under this subparagraph is a certification that the 

library— 

(i) is enforcing a policy of Internet safety that includes the operation of a technology protection measure with respect to any of its computers with Internet 

access that protects against access through such computers to visual depictions that are— 

(I) obscene; 

(II) child pornography; or 

(III) harmful to minors; and 

(ii) is enforcing the operation of such technology protection measure during any use of such computers by 

minors. 

(C) CERTIFICATION WITH RESPECT TO ADULTS.—A certification under this paragraph is a certification that the library— 

(i) is enforcing a policy of Internet safety that includes the operation of a technology protection measure with respect to any of its computers with Internet 

access that protects against access through such computers to visual depictions that are— 

(I) obscene; or 

(II) child pornography; and 

(ii) is enforcing the operation of such technology protection measure during any use of such computers. 

(D) DISABLING DURING ADULT USE.—An administrator, 

supervisor, or other person authorized by the certifying authority under subparagraph (A)(i) may disable the technology protection measure concerned, during use by an 

adult, to enable access for bona fide research or other lawful purpose. 

(E) 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 1721(h) of 

the Children’s Internet Protection Act [note to this section], the certification under subparagraphs (B) and 

(C) 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 INTERNET SAFETY POLICY

AND TECHNOLOGY PROTECTION MEASURES IN

PLACE.—A library covered by clause (i) that has in 

place an Internet safety policy and technology proVerDate Sep 11 2014 05:37 Oct 28, 2016 Jkt 069010 PO 00000 Frm 00013 Fmt 6659 Sfmt 6602 E:\HR\OC\SR368.XXX SR368

Sspencer on DSK4SPTVN1PROD with REPORTS
12 

tection measures meeting the requirements necessary for certification under subparagraphs (B) 

and (C) shall certify its compliance with subparagraphs (B) and (C) 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 1721(h) of the Children’s Internet 

Protection Act [note to this section], the certifications shall be made not later than 120 days 

after the beginning of such first program funding 

year. 

(II) LIBRARIES WITHOUT INTERNET SAFETY POLICY AND TECHNOLOGY PROTECTION MEASURES IN

PLACE.—A library covered by clause (i) that does 

not have in place an Internet safety policy and 

technology protection measures meeting the requirements necessary for certification under subparagraphs (B) and (C)— 

(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 an Internet safety policy 

and technology protection measures meeting 

the requirements necessary for certification 

under subparagraphs (B) and (C); 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 subparagraphs (B) and (C). 

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 subparagraphs (B) and (C) in such 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 before the start of the third program year after the effective date of this subVerDate Sep 11 2014 05:37 Oct 28, 2016 Jkt 069010 PO 00000 Frm 00014 Fmt 6659 Sfmt 6602 E:\HR\OC\SR368.XXX SR368

Sspencer on DSK4SPTVN1PROD with REPORTS
13 

1 Nothing in the amendment to subsection (h)(7)(B) would be construed to affect the aggregate 

annual cap on Federal universal service support for health care providers under section 54.675 

of title 47, Code of Federal Regulations, or any successor regulation. 

section in which the library is applying for funds 

under this subsection. 

(F) 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 services at discount rates or funding in lieu of services at such rates under this subsection. 

(ii) FAILURE TO COMPLY WITH CERTIFICATION.—Any 

library that knowingly fails to ensure the use of its 

computers in accordance with a certification under 

subparagraphs (B) and (C) shall reimburse all funds 

and discounts received under this subsection for the 

period covered by such certification. 

(iii) REMEDY OF NONCOMPLIANCE.— 

(I) FAILURE TO SUBMIT.—A library that has 

failed to submit a certification under clause (i) 

may remedy the failure by submitting the certification to which the failure relates. Upon submittal 

of such certification, the library shall be eligible 

for services at discount rates under this subsection. 

(II) FAILURE TO COMPLY.—A library that has 

failed to comply with a certification as described 

in clause (ii) may remedy the failure by ensuring 

the use of its computers in accordance with such 

certification. Upon submittal to the Commission of 

a certification or other appropriate evidence of 

such remedy, the library shall be eligible for services at discount rates under this subsection. 

(7) DEFINITIONS.—For purposes of this subsection: 

(A) ELEMENTARY AND SECONDARY SCHOOLS.—The term 

‘‘elementary and secondary schools’’ means elementary 

schools and secondary schools, as defined in section 9101 

of the Elementary and Secondary Education Act of 1965. 

(B) HEALTH CARE PROVIDER.—The term ‘‘health care provider’’ means— 

(i) post-secondary educational institutions offering 

health care instruction, teaching hospitals, and medical schools; 

(ii) community health centers or health centers providing health care to migrants; 

(iii) local health departments or agencies; 

(iv) community mental health centers; 

(v) not-for-profit hospitals; 

(vi) rural health clinics; øand¿ 

(vii) skilled nursing facilities; 

ø(vii)¿(viii) consortia of health care providers consisting of one or more entities described in øclauses (i) 

through (vi)¿ clauses (i) through (vii).1


Sspencer on DSK4SPTVN1PROD with REPORTS
14 

(C) PUBLIC INSTITUTIONAL TELECOMMUNICATIONS USER.— The term ‘‘public institutional telecommunications user’’ 

means an elementary or secondary school, a library, or a 

health care provider as those terms are defined in this 

paragraph. 

(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) HARMFUL TO MINORS.—The term ‘‘harmful to minors’’ 

means any picture, image, graphic image file, or other visual depiction 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 as to minors. 

(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. 

(I) TECHNOLOGY PROTECTION MEASURE.—The term ‘‘technology protection measure’’ means a specific technology 

that blocks or filters Internet access to the material covered by a certification under paragraph (5) or (6) to which 

such certification relates. 

* * * * * * * 

Æ 


Sspencer on DSK4SPTVN1PROD with REPORTS