II

106TH CONGRESS

1ST SESSION S. 97

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 and Mr. HOLLINGS) introduced the following bill;

which was read twice and referred to the Committee on Commerce,

Science, and Transportation

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.—

4 ‘‘(A) LIBRARIES WITH MORE THAN 1

5 INTERNET-ACCESSING COMPUTER.—To be eligi6 ble to receive universal service assistance under

7 subsection (h)(1)(B), a library that has more

8 than 1 computer with Internet access intended

9 for use by the public (including minors) shall

10 certify to the Commission that it has installed

11 and uses a technology to filter or block material

12 deemed to be harmful to minors on one or more

13 of its computers with Internet access.

14 ‘‘(B) LIBRARIES WITH ONLY 1 INTERNET15 ACCESSING COMPUTER.—A library that has

16 only 1 computer with Internet access intended

17 for use by the public (including minors) is eligi18 ble to receive universal service assistance under

19 subsection (h)(1)(B) even if it does not use a

20 technology to filter or block material deemed to

21 be harmful to minors on that computer if it cer22 tifies to the Commission that it employs a rea23 sonably effective alternative means to keep mi24 nors from accessing material on the Internet

25 that is deemed to be harmful to minors.
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1 ‘‘(4) TIME FOR CERTIFICATION.—The certifi2 cation required by paragraph (2) or (3) shall be

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

4 Childrens’ Internet Protection Act, or, if later, with5 in 10 days of the date on which any computer with

6 access to the Internet is first made available in the

7 school or library for its intended use.

8 ‘‘(5) NOTIFICATION OF CESSATION; ADDI9 TIONAL INTERNET-ACCESSING COMPUTER.—

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

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

12 shall notify the Commission within 10 days

13 after the date on which it ceases to use the fil14 tering or blocking technology to which the cer15 tification related.

16 ‘‘(B) ADDITIONAL INTERNET-ACCESSING

17 COMPUTER.—A library that has filed the certifi18 cation required by paragraph (3)(B) that adds

19 another computer with Internet access intended

20 for use by the public (including minors) shall

21 make the certification required by paragraph

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

23 made available for use by the public.

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

25 school or library that fails to meet the requirements
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1 of this subsection is liable to repay immediately the

2 full amount of all universal service assistance it re3 ceived under subsection (h)(1)(B).

4 ‘‘(7) LOCAL DETERMINATION OF MATERIAL TO

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

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

7 deemed harmful to minors shall be made by the

8 school, school board, library or other authority re9 sponsible for making the required certification. No

10 agency or instrumentality of the United States Gov11 ernment may—

12 ‘‘(A) establish criteria for making that de13 termination;

14 ‘‘(B) review the determination made by the

15 certifying school, school board, library, or other

16 authority; or

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

18 certifying school, school board, library, or other

19 authority in the administration of subsection

20 (h)(1)(B).’’.

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

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

23 254(h)(1)(B)) is amended by striking ‘‘All telecommuni24 cations’’ and inserting ‘‘Except as provided by subsection

25 (l), all telecommunications’’.
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1 SEC. 3. FCC TO ADOPT RULES WITHIN 4 MONTHS.

2 The Federal Communications Commission shall

3 adopt rules implementing section 254(l) of the Commu4 nications Act of 1934 within 120 days after the date of

5 enactment of this Act.

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