II

105TH CONGRESS

2D SESSION S. 1619

To direct the Federal Communications Commission to study systems for

filtering or blocking matter on the Internet, to require the installation

of such a system on computers in schools and libraries with Internet

access, and for other purposes.

IN THE SENATE OF THE UNITED STATES

FEBRUARY 9, 1998

Mr. MCCAIN (for himself, Mr. HOLLINGS, Mr. COATS, and Mrs. MURRAY) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation

A BILL

To direct the Federal Communications Commission to study

systems for filtering or blocking matter on the Internet,

to require the installation of such a system on computers

in schools and libraries with Internet access, and for

other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,
2

•S 1619 IS

1 SECTION 1. NO UNIVERSAL SERVICE FOR SCHOOLS OR LI2 BRARIES THAT FAIL TO IMPLEMENT A FIL3 TERING OR BLOCKING SYSTEM 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 A FILTERING OR BLOCK9 ING SYSTEM.—

10 ‘‘(1) IN GENERAL.—No services may be pro11 vided under subsection (h)(1)(B) to any elementary

12 or secondary school, or any library, unless it pro13 vides the certification required by paragraph (2) or

14 (3), respectively.

15 ‘‘(2) CERTIFICATION FOR SCHOOLS.—Before re16 ceiving universal service assistance under subsection

17 (h)(1)(B), an elementary or secondary school (or the

18 school board or other authority with responsibility

19 for administration of that school) shall certify to the

20 Commission that it has—

21 ‘‘(A) selected a system for computers with

22 Internet access to filter or block matter deemed

23 to be inappropriate for minors; and

24 ‘‘(B) installed, or will install as soon as it

25 obtains computers with Internet access, a sys26 tem to filter or block such matter.
3

•S 1619 IS

1 ‘‘(3) CERTIFICATION FOR LIBRARIES.—Before

2 receiving universal service assistance under sub3 section (h)(1)(B), a library that has a computer with

4 Internet access shall certify to the Commission that,

5 on one or more of its computers with Internet ac6 cess, it employs a system to filter or block matter

7 deemed to be inappropriate for minors. If a library

8 that makes a certification under this paragraph

9 changes the system it employs or ceases to employ

10 any such system, it shall notify the Commission

11 within 10 days after implementing the change or

12 ceasing to employ the system.

13 ‘‘(4) LOCAL DETERMINATION OF CONTENT.—

14 For purposes of paragraphs (2) and (3), the deter15 mination of what matter is inappropriate for minors

16 shall be made by the school, school board, library or

17 other authority responsible for making the required

18 certification. No agency or instrumentality of the

19 United States Government may—

20 ‘‘(A) establish criteria for making that de21 termination;

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

23 certifying school, school board, library, or other

24 authority; or
4

•S 1619 IS

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

2 certifying school, school board, library, or other

3 authority in the administration of subsection

4 (h)(1)(B).’’.

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

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

7 254(h)(1)(B)) is amended by striking ‘‘All telecommuni8 cations’’ and inserting ‘‘Except as provided by subsection

9 (1), all telecommunications’’.

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