Calendar No. 262

106TH CONGRESS

1ST SESSION S. 97

[Report No. 106–141]

A BILL

To require the installation and use by schools and

universal service assistance.Internet access to be eligible to receive or retainmaterial on the Internet on computers withlibraries of a technology for filtering or blocking

AUGUST 5, 1999

Reported with an amendment
II

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.

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

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

3 Protection Act’’.

4 SEC. 2. NO UNIVERSAL SERVICE FOR SCHOOLS OR LIBRAR5 IES THAT FAIL TO IMPLEMENT A FILTERING

6 OR BLOCKING TECHNOLOGY FOR COM7 PUTERS WITH INTERNET ACCESS.

8 (a) IN GENERAL.—Section 254 of the Communica9 tions Act of 1934 (47 U.S.C. 254) is amended by adding

10 at the end thereof the following:

11 ‘‘(l) IMPLEMENTATION OF AN INTERNET FILTERING

12 OR BLOCKING TECHNOLOGY.—

13 ‘‘(1) IN GENERAL.—An elementary school, sec14 ondary school, or library that fails to provide the

15 certification required by paragraph (2) or (3), re16 spectively, is not eligible to receive or retain uni17 versal service assistance provided under subsection

18 (h)(1)(B).

19 ‘‘(2) CERTIFICATION FOR SCHOOLS.—To be eli20 gible to receive universal service assistance under

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

22 school (or the school board or other authority with

23 responsibility for administration of that school) shall

24 certify to the Commission that it has—
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1 ‘‘(A) selected a technology for computers

2 with Internet access to filter or block material

3 deemed to be harmful to minors; and

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

5 will use, as soon as it obtains computers with

6 Internet access, a technology to filter or block

7 such material.

8 ‘‘(3) CERTIFICATION FOR LIBRARIES.—

9 ‘‘(A) LIBRARIES WITH MORE THAN 1

10 INTERNET-ACCESSING COMPUTER.—To be eligi11 ble to receive universal service assistance under

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

13 than 1 computer with Internet access intended

14 for use by the public (including minors) shall

15 certify to the Commission that it has installed

16 and uses a technology to filter or block material

17 deemed to be harmful to minors on one or more

18 of its computers with Internet access.

19 ‘‘(B) LIBRARIES WITH ONLY 1 INTERNET20 ACCESSING COMPUTER.—A library that has

21 only 1 computer with Internet access intended

22 for use by the public (including minors) is eligi23 ble to receive universal service assistance under

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

25 technology to filter or block material deemed to
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1 be harmful to minors on that computer if it cer2 tifies to the Commission that it employs a rea3 sonably effective alternative means to keep mi4 nors from accessing material on the Internet

5 that is deemed to be harmful to minors.

6 ‘‘(4) TIME FOR CERTIFICATION.—The certifi7 cation required by paragraph (2) or (3) shall be

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

9 Childrens’ Internet Protection Act, or, if later, with10 in 10 days of the date on which any computer with

11 access to the Internet is first made available in the

12 school or library for its intended use.

13 ‘‘(5) NOTIFICATION OF CESSATION; ADDI14 TIONAL INTERNET-ACCESSING COMPUTER.—

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

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

17 shall notify the Commission within 10 days

18 after the date on which it ceases to use the fil19 tering or blocking technology to which the cer20 tification related.

21 ‘‘(B) ADDITIONAL INTERNET-ACCESSING

22 COMPUTER.—A library that has filed the certifi23 cation required by paragraph (3)(B) that adds

24 another computer with Internet access intended

25 for use by the public (including minors) shall
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1 make the certification required by paragraph

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

3 made available for use by the public.

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

5 school or library that fails to meet the requirements

6 of this subsection is liable to repay immediately the

7 full amount of all universal service assistance it re8 ceived under subsection (h)(1)(B).

9 ‘‘(7) LOCAL DETERMINATION OF MATERIAL TO

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

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

12 deemed harmful to minors shall be made by the

13 school, school board, library or other authority re14 sponsible for making the required certification. No

15 agency or instrumentality of the United States Gov16 ernment may—

17 ‘‘(A) establish criteria for making that de18 termination;

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

20 certifying school, school board, library, or other

21 authority; or

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

23 certifying school, school board, library, or other

24 authority in the administration of subsection

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

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

3 254(h)(1)(B)) is amended by striking ‘‘All telecommuni4 cations’’ and inserting ‘‘Except as provided by subsection

5 (l), all telecommunications’’.

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

7 The Federal Communications Commission shall

8 adopt rules implementing section 254(l) of the Commu9 nications Act of 1934 within 120 days after the date of

10 enactment of this Act.

11 SECTION 1. SHORT TITLE.

12 This Act may be cited as the ‘‘Childrens’ Internet Pro13 tection Act’’.

14 SEC. 2. REQUIREMENT FOR SCHOOLS AND LIBRARIES TO

15 IMPLEMENT FILTERING OR BLOCKING TECH16 NOLOGY FOR COMPUTERS WITH INTERNET

17 ACCESS AS CONDITION OF UNIVERSAL SERV18 ICE DISCOUNTS.

19 (a) SCHOOLS.—Section 254(h) of the Communications

20 Act of 1934 (47 U.S.C. 254(h)) is amended—

21 (1) by redesignating paragraph (5) as para22 graph (7); and

23 (2) by inserting after paragraph (4) the fol24 lowing new paragraph (5):
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1 ‘‘(5) REQUIREMENTS FOR CERTAIN SCHOOLS

2 WITH COMPUTERS HAVING INTERNET ACCESS.—

3 ‘‘(A) INTERNET FILTERING.—

4 ‘‘(i) IN GENERAL.—Except as provided

5 in clause (ii), an elementary or secondary

6 school having computers with Internet ac7 cess may not receive services at discount

8 rates under paragraph (1)(B) unless the

9 school, school board, or other authority with

10 responsibility for administration of the

11 school—

12 ‘‘(I) submits to the Commission a

13 certification described in subparagraph

14 (B); and

15 ‘‘(II) ensures the use of such com16 puters in accordance with the certifi17 cation.

18 ‘‘(ii) APPLICABILITY.—The prohibition

19 in paragraph (1) shall not apply with re20 spect to a school that receives services at

21 discount rates under paragraph (1)(B) only

22 for purposes other than the provision of

23 Internet access, Internet service, or internal

24 connections.
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1 ‘‘(B) CERTIFICATION.—A certification

2 under this subparagraph is a certification that

3 the school, school board, or other authority with

4 responsibility for administration of the school—

5 ‘‘(i) has selected a technology for its

6 computers with Internet access in order to

7 filter or block Internet access through such

8 computers to—

9 ‘‘(I) material that is obscene; and

10 ‘‘(II) child pornography; and

11 ‘‘(ii) is enforcing a policy to ensure the

12 operation of the technology during any use

13 of such computers by minors.

14 ‘‘(C) ADDITIONAL USE OF TECHNOLOGY.—A

15 school, school board, or other authority may also

16 use a technology covered by a certification under

17 subparagraph (B) to filter or block Internet ac18 cess through the computers concerned to any ma19 terial in addition to the material specified in

20 that subparagraph that the school, school board,

21 or other authority determines to be inappro22 priate for minors.

23 ‘‘(D) TIMING OF CERTIFICATIONS.—

24 ‘‘(i) SCHOOLS WITH COMPUTERS ON

25 EFFECTIVE DATE.—
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1 ‘‘(I) IN GENERAL.—Subject to

2 subclause (II), in the case of any school

3 covered by this paragraph as of the ef4 fective date of this paragraph under

5 section 2(h) of the Childrens’ Internet

6 Protection Act, the certification under

7 subparagraph (B) shall be made not

8 later than 30 days after such effective

9 date.

10 ‘‘(II) DELAY.—A certification for

11 a school covered by subclause (I) may

12 be made at a date that is later than is

13 otherwise required by that subclause if

14 State or local procurement rules or reg15 ulations or competitive bidding re16 quirements prevent the making of the

17 certification on the date otherwise re18 quired by that subclause. A school,

19 school board, or other authority with

20 responsibility for administration of the

21 school shall notify the Commission of

22 the applicability of this subclause to

23 the school. Such notice shall specify the

24 date on which the certification with re-
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1 spect to the school shall be effective for

2 purposes of this clause.

3 ‘‘(ii) SCHOOLS ACQUIRING COMPUTERS

4 AFTER EFFECTIVE DATE.—In the case of

5 any school that first becomes covered by this

6 paragraph after such effective date, the cer7 tification under subparagraph (B) shall be

8 made not later than 10 days after the date

9 on which the school first becomes so covered.

10 ‘‘(iii) NO REQUIREMENT FOR ADDI11 TIONAL CERTIFICATIONS.—A school that has

12 submitted a certification under subpara13 graph (B) shall not be required for purposes

14 of this paragraph to submit an additional

15 certification under that subparagraph with

16 respect to any computers having Internet

17 access that are acquired by the school after

18 the submittal of the certification.

19 ‘‘(E) NONCOMPLIANCE.—

20 ‘‘(i) FAILURE TO SUBMIT CERTIFI21 CATION.—Any school that knowingly fails to

22 submit a certification required by this

23 paragraph shall reimburse each tele24 communications carrier that provided such

25 school services at discount rates under para-
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1 graph (1)(B) after the effective date of this

2 paragraph under section 2(h) of the Chil3 drens’ Internet Protection Act in an

4 amount equal to the amount of the discount

5 provided such school by such carrier for

6 such services during the period beginning

7 on such effective date and ending on the

8 date on which the provision of such services

9 at discount rates under paragraph (1)(B) is

10 determined to cease under subparagraph

11 (F).

12 ‘‘(ii) FAILURE TO COMPLY WITH CER13 TIFICATION.—Any school that knowingly

14 fails to ensure the use of its computers in

15 accordance with a certification under sub16 paragraph (B) shall reimburse each tele17 communications carrier that provided such

18 school services at discount rates under para19 graph (1)(B) after the date of such certifi20 cation in an amount equal to the amount of

21 the discount provided such school by such

22 carrier for such services during the period

23 beginning on the date of such certification

24 and ending on the date on which the provi25 sion of such services at discount rates under
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1 paragraph (1)(B) is determined to cease

2 under subparagraph (F).

3 ‘‘(iii) TREATMENT OF REIMBURSE4 MENT.—The receipt by a telecommuni5 cations carrier of any reimbursement under

6 this subparagraph shall not affect the car7 rier’s treatment of the discount on which

8 such reimbursement was based in accord9 ance with the third sentence of paragraph

10 (1)(B).

11 ‘‘(F) CESSATION DATE.—

12 ‘‘(i) DETERMINATION.—The Commis13 sion shall determine the date on which the

14 provision of services at discount rates under

15 paragraph (1)(B) shall cease under this

16 paragraph by reason of the failure of a

17 school to comply with the requirements of

18 this paragraph.

19 ‘‘(ii) NOTIFICATION.—The Commission

20 shall notify telecommunications carriers of

21 each school determined to have failed to

22 comply with the requirements of this para23 graph and of the period for which such

24 school shall be liable to make reimbursement

25 under subparagraph (E).
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1 ‘‘(G) RECOMMENCEMENT OF DISCOUNTS.—

2 ‘‘(i) RECOMMENCEMENT.—Upon sub3 mittal to the Commission of a certification

4 under subparagraph (B) with respect to a

5 school to which clause (i) or (ii) of subpara6 graph (E) applies, the school shall be enti7 tled to services at discount rates under

8 paragraph (1)(B).

9 ‘‘(ii) NOTIFICATION.—The Commission

10 shall notify the school and telecommuni11 cations carriers of the recommencement of

12 the school’s entitlement to services at dis13 count rates under this subparagraph and of

14 the date on which such recommencement be15 gins.

16 ‘‘(iii) ADDITIONAL NONCOMPLIANCE.—

17 The provisions of subparagraphs (E) and

18 (F) shall apply to any certification sub19 mitted under clause (i).

20 ‘‘(H) LIMITATION ON FEDERAL ACTION.—

21 ‘‘(i) IN GENERAL.—No agency or in22 strumentality of the United States Govern23 ment may—
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1 ‘‘(I) establish any criteria for

2 making a determination under sub3 paragraph (C);

4 ‘‘(II) review a determination

5 made by a school, school board, or

6 other authority for purposes of a cer7 tification under subparagraph (B); or

8 ‘‘(III) consider the criteria em9 ployed by a school, school board, or

10 other authority for purposes of deter11 mining the eligibility of a school for

12 services at discount rates under para13 graph (1)(B).

14 ‘‘(ii) ACTION BY COMMISSION.—The

15 Commission may not take any action

16 against a school, school board, or other au17 thority for a violation of a provision of this

18 paragraph if the school, school board, or

19 other authority, as the case may be, has

20 made a good faith effort to comply with

21 such provision.’’.

22 (b) LIBRARIES.—Such section 254(h) is further

23 amended by inserting after paragraph (5), as amended by

24 subsection (a) of this section, the following new paragraph:
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1 ‘‘(6) REQUIREMENTS FOR CERTAIN LIBRARIES

2 WITH COMPUTERS HAVING INTERNET ACCESS.—

3 ‘‘(A) INTERNET FILTERING.—

4 ‘‘(i) IN GENERAL.—A library having

5 one or more computers with Internet access

6 may not receive services at discount rates

7 under paragraph (1)(B) unless the

8 library—

9 ‘‘(I) submits to the Commission a

10 certification described in subparagraph

11 (B); and

12 ‘‘(II) ensures the use of such com13 puters in accordance with the certifi14 cation.

15 ‘‘(ii) APPLICABILITY.—The prohibition

16 in paragraph (1) shall not apply with re17 spect to a library that receives services at

18 discount rates under paragraph (1)(B) only

19 for purposes other than the provision of

20 Internet access, Internet service, or internal

21 connections.

22 ‘‘(B) CERTIFICATIONS.—

23 ‘‘(i) LIBRARIES WITH ONE COMPUTER

24 HAVING INTERNET ACCESS.—A certification

25 under this subparagraph with respect to a
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1 library that has only one computer with

2 Internet access is a certification that the li3 brary is enforcing a policy to ensure that

4 minors do not use the computer for Internet

5 access to—

6 ‘‘(I) material that is obscene; and

7 ‘‘(II) child pornography.

8 ‘‘(ii) LIBRARIES WITH MORE THAN

9 ONE COMPUTER HAVING INTERNET AC10 CESS.—A certification under this subpara11 graph with respect to any library covered

12 by this paragraph, and not covered by

13 clause (i), is a certification that the

14 library—

15 ‘‘(I) has selected a technology for

16 its computers with Internet access in

17 order to filter or block Internet access

18 through such computers to—

19 ‘‘(aa) material that is ob20 scene; and

21 ‘‘(bb) child pornography; and

22 ‘‘(II) is enforcing a policy to en23 sure the operation of the technology

24 during any use of such computers by

25 minors.
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1 ‘‘(C) ADDITIONAL USE OF TECHNOLOGY.—A

2 library may also use a technology covered by a

3 certification under subparagraph (B) to filter or

4 block Internet access through the computers con5 cerned to any material in addition to the mate6 rial specified in that subparagraph that the li7 brary determines to be inappropriate for minors.

8 ‘‘(D) TIMING OF CERTIFICATIONS.—

9 ‘‘(i) LIBRARIES WITH COMPUTERS ON

10 EFFECTIVE DATE.—

11 ‘‘(I) IN GENERAL.—In the case of

12 any library covered by this paragraph

13 as of the effective date of this para14 graph under section 2(h) of the Chil15 drens’ Internet Protection Act, the ap16 plicable certification under subpara17 graph (B) shall be made not later than

18 30 days after such effective date.

19 ‘‘(II) DELAY.—A certification for

20 a library covered by subclause (I) may

21 be made at a date than is later than

22 is otherwise required by that subclause

23 if State or local procurement rules or

24 regulations or competitive bidding re25 quirements prevent the making of the
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1 certification on the date otherwise re2 quired by that subclause. A library

3 shall notify the Commission of the ap4 plicability of this subclause to the li5 brary. Such notice shall specify the

6 date on which the certification with re7 spect to the library shall be effective for

8 purposes of this clause.

9 ‘‘(ii) LIBRARIES ACQUIRING COM10 PUTERS AFTER EFFECTIVE DATE.—In the

11 case of any library that first becomes subject

12 to a certification under either clause (i) or

13 (ii) of subparagraph (B) after such effective

14 date, the applicable certification under that

15 subparagraph shall be made not later than

16 10 days after the date on which the library

17 first becomes so subject.

18 ‘‘(iii) NO REQUIREMENT FOR ADDI19 TIONAL CERTIFICATIONS.—A library that

20 has submitted a certification under sub21 paragraph (B)(ii) shall not be required for

22 purposes of this paragraph to submit an ad23 ditional certification under that subpara24 graph with respect to any computers having

25 Internet access that are acquired by the li-
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1 brary after the submittal of such certifi2 cation.

3 ‘‘(E) NONCOMPLIANCE.—

4 ‘‘(i) FAILURE TO SUBMIT CERTIFI5 CATION.—Any library that knowingly fails

6 to submit a certification required by this

7 paragraph shall reimburse each tele8 communications carrier that provided such

9 library services at discount rates under

10 paragraph (1)(B) after the effective date of

11 this paragraph under section 2(h) of the

12 Childrens’ Internet Protection Act in an

13 amount equal to the amount of the discount

14 provided such library by such carrier for

15 such services during the period beginning

16 on such effective date and ending on the

17 date on which the provision of such services

18 at discount rates under paragraph (1)(B) is

19 determined to cease under subparagraph

20 (F).

21 ‘‘(ii) FAILURE TO COMPLY WITH CER22 TIFICATION.—Any library that knowingly

23 fails to ensure the use of its computers in

24 accordance with a certification under sub25 paragraph (B) shall reimburse each tele-
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1 communications carrier that provided such

2 library services at discount rates under

3 paragraph (1)(B) after the date of such cer4 tification in an amount equal to the

5 amount of the discount provided such li6 brary by such carrier for such services dur7 ing the period beginning on the date of such

8 certification and ending on the date on

9 which the provision of such services at dis10 count rates under paragraph (1)(B) is de11 termined to cease under subparagraph (F).

12 ‘‘(iii) TREATMENT OF REIMBURSE13 MENT.—The receipt by a telecommuni14 cations carrier of any reimbursement under

15 this subparagraph shall not affect the car16 rier’s treatment of the discount on which

17 such reimbursement was based in accord18 ance with the third sentence of paragraph

19 (1)(B).

20 ‘‘(F) CESSATION DATE.—

21 ‘‘(i) DETERMINATION.—The Commis22 sion shall determine the date on which the

23 provision of services at discount rates under

24 paragraph (1)(B) shall cease under this

25 paragraph by reason of the failure of a li-
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1 brary to comply with the requirements of

2 this paragraph.

3 ‘‘(ii) NOTIFICATION.—The Commission

4 shall notify telecommunications carriers of

5 each library determined to have failed to

6 comply with the requirements of this para7 graph and of the period for which such li8 brary shall be liable to make reimbursement

9 under subparagraph (E).

10 ‘‘(G) RECOMMENCEMENT OF DISCOUNTS.—

11 ‘‘(i) RECOMMENCEMENT.—Upon sub12 mittal to the Commission of a certification

13 under subparagraph (B) with respect to a

14 library to which clause (i) or (ii) of sub15 paragraph (E) applies, the library shall be

16 entitled to services at discount rates under

17 paragraph (1)(B).

18 ‘‘(ii) NOTIFICATION.—The Commission

19 shall notify the library and telecommuni20 cations carriers of the recommencement of

21 the library’s entitlement to services at dis22 count rates under this paragraph and of the

23 date on which such recommencement begins.

24 ‘‘(iii) ADDITIONAL NONCOMPLIANCE.—

25 The provisions of subparagraphs (E) and
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1 (F) shall apply to any certification sub2 mitted under clause (i).

3 ‘‘(H) LIMITATION ON FEDERAL ACTION.—

4 ‘‘(i) IN GENERAL.—No agency or in5 strumentality of the United States Govern6 ment may—

7 ‘‘(I) establish any criteria for

8 making a determination under sub9 paragraph (C);

10 ‘‘(II) review a determination

11 made by a library for purposes of a

12 certification under subparagraph (B);

13 or

14 ‘‘(III) consider the criteria em15 ployed by a library purposes of deter16 mining the eligibility of the library for

17 services at discount rates under para18 graph (1)(B).

19 ‘‘(ii) ACTION BY COMMISSION.—The

20 Commission may not take any action

21 against a library for a violation of a provi22 sion of this paragraph if the library has

23 made a good faith effort to comply with

24 such provision.’’.
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1 (c) MINOR DEFINED.—Paragraph (7) of such section,

2 as redesignated by subsection (a)(1) of this section, is

3 amended by adding at the end the following:

4 ‘‘(D) MINOR.—The term ‘minor’ means any

5 individual who has not attained the age of 17

6 years.’’.

7 (d) CONFORMING AMENDMENT.—Paragraph (4) of

8 such section is amended by striking ‘‘paragraph (5)(A)’’

9 and inserting ‘‘paragraph (7)(A)’’.

10 (e) SEPARABILITY.—If any provision of paragraph (5)

11 or (6) of section 254(h) of the Communications Act of 1934,

12 as amended by this section, or the application thereof to

13 any person or circumstance is held invalid, the remainder

14 of such paragraph and the application of such paragraph

15 to other persons or circumstances shall not be affected there16 by.

17 (f) REGULATIONS.—

18 (1) REQUIREMENT.—The Federal Communica19 tions Commission shall prescribe regulations for pur20 poses of administering the provisions of paragraphs

21 (5) and (6) of section 254(h) of the Communications

22 Act of 1934, as amended by this section.

23 (2) DEADLINE.—Notwithstanding any other pro24 vision of law, the requirements prescribed under
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1 paragraph (1) shall take effect 120 days after the date

2 of the enactment of this Act.

3 (g) AVAILABILITY OF RATES.—Discounted rates under

4 section 254(h)(1)(B) of the Communications Act of 1934 (47

5 U.S.C. 254(h)(1)(B))—

6 (1) shall be available in amounts up to the an7 nual cap on Federal universal service support for

8 schools and libraries only for services covered by Fed9 eral Communications Commission regulations on pri10 orities for funding telecommunications services, Inter11 net access, Internet services, and Internet connections

12 that assign priority for available funds for the poorest

13 schools; and

14 (2) to the extent made available under para15 graph (1), may be used for the purchase or aquisition

16 of filtering or blocking products necessary to meet the

17 requirements of section 254(h)(5) and (6) of that Act,

18 but not for the purchase of software or other tech19 nology other than what is required to meet those re20 quirements.

21 (h) EFFECTIVE DATE.—The amendments made by this

22 section shall take effect 120 days after the date of the enact23 ment of this Act.