‘‘(6) REQUIREMENTS FOR CERTAIN LIBRARIES
WITH COMPUTERS HAVING INTERNET ACCESS.—
‘‘(A) INTERNET FILTERING.—
‘‘(i) IN GENERAL.—A library having
one or more computers with Internet ac-
cess may not receive services at discount
rates under paragraph (1)(B) unless the
library—
‘‘(I) submits to the Commission a
certification described in subpara-
graph (B); and
‘‘(II) ensures the use of such
computers in accordance with the cer-
tification.
‘‘(ii) APPLICABILITY.—The prohibi-
tion in paragraph (1) 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 in-
ternal connections.
‘‘(B) 
CERTIFICATION.—A 
certification
under this subparagraph is a certification that
the library—
‘‘(i) has selected a technology for its
computer or computers with Internet ac-
cess in order to filter or block Internet ac-
cess through such computer or computers
to—
‘‘(I) material that is obscene;
‘‘(II) child pornography; and
‘‘(III) material that is harmful to
minors during any use of such com-
puter or computers by a minor; and
‘‘(ii) is enforcing a policy to ensure
the operation of the technology during the
use of such computer or computers.
‘‘(C) USE OF TECHNOLOGY.—
‘‘(i) ADDITIONAL USE.—A library may
also use a technology covered by a certifi-
cation under subparagraph (B) to filter or
block Internet access through the com-
puters concerned to any material in addi-
tion to the material specified in that sub-
paragraph that the library determines to
be inappropriate.
‘‘(ii) 
DISABLING
DURING
ADULT
USE.—An administrator, supervisor, or
other authority may disable the technology,
during use by an adult, to enable
unfiltered access for bona fide research or
other lawful purpose.
‘‘(D) 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 2(h) of the
Children’s Internet Protection Act, the cer-
tification under subparagraph (B) shall be
made as part of the application process for
the next program funding year ø(?)¿ fol-
lowing enactment, and for each subsequent
year thereafter.
‘‘(ii) PROCESS.—
‘‘(I) LIBRARIES WITH FILTERING
INTERNET
TECHNOLOGY
IN-
STALLED.—A 
library 
covered 
by
clause (i) which has already purchased
and installed Internet filtering tech-
nology shall certify to its compliance
with subparagraph (B) during each
annual program application cycle.
‘‘(II) 
LIBRARIES
WITHOUT
INTERNET
FILTERING
TECHNOLOGY
INSTALLED.—A library covered by
clause (i) which has not purchased
and 
installed 
Internet 
filtering
technology—
‘‘(aa) for the first program
year in which they are applying
for funds, shall certify that it is
undertaking procurement to pur-
chase and install filtering tech-
nology; and
‘‘(bb) for the second pro-
gram year, shall certify that they
are in compliance with subpara-
graph (B).
Any library that is unable to certify
compliance in the second program
year shall be ineligible for all funding
for the second year and all subsequent
years under this program, until such
time as the library comes into compli-
ance.
‘‘(III) 
WAIVERS.—Any 
library
subject to subclause (II) that cannot
come into compliance with subpara-
graph (B) in the second year may
seek a waiver of subclause (II)(bb) if
State or local procurement rules or
regulations or competitive bidding re-
quirements prevent the making of the
certification otherwise required by
such subclause. A library, library
board, or other authority with respon-
sibility for administration of the li-
brary 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 prior to the
start of the third program year in
which the library is applying for
funds.
‘‘(E) NONCOMPLIANCE.—
‘‘(i) FAILURE
TO
SUBMIT
CERTIFI-
CATION.—Any library that knowingly fails
to comply with the application guidelines
regarding the annual submission of certifi-
cation required by this paragraph shall not
be eligible for funding under this program.
‘‘(ii) FAILURE TO COMPLY WITH CER-
TIFICATION.—Any library that knowingly
‘‘(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, ac-
tual or simulated normal or perverted sex-
ual acts, or a lewd exhibition of the geni-
tals; and
‘‘(iii) taken as a whole, lacks serious
literary, artistic, political, or scientific
value.
‘‘(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.’’.
(d) CONFORMING AMENDMENT.—Paragraph (4) of
such section is amended by striking ‘‘paragraph (5)(A)’’
and inserting ‘‘paragraph (7)(A)’’.
(e) SEPARABILITY.—If any provision of paragraph
(5) or (6) of section 254(h) of the Communications Act
of 1934, as amended by this section, or the application
thereof to any person or circumstance is held invalid, the
remainder of such paragraph and the application of such
paragraph to other persons or circumstances shall not be
affected thereby.
(f) REGULATIONS.—
(1) REQUIREMENT.—The Federal Communica-
tions Commission shall prescribe regulations for pur-
poses of administering the provisions of paragraphs
(5) and (6) of section 254(h) of the Communications
Act of 1934, as amended by this section.
(2) DEADLINE.—Notwithstanding any other
provision of law, the Commission shall prescribe reg-
ulations under paragraph (1) so as to ensure that
such regulations take effect 120 days after the date
of the enactment of this Act.
(g) AVAILABILITY
OF
RATES.—Discounted rates
under section 254(h)(1)(B) of the Communications Act of
1934 (47 U.S.C. 254(h)(1)(B))—
(1) shall be available in amounts up to the an-
nual cap on Federal universal service support for
schools and libraries only for services covered by
Federal Communications Commission regulations on
priorities for funding telecommunications services,
Internet access, Internet services, and Internet con-
nections that assign priority for available funds for
the poorest schools; and
(2) to the extent made available under para-
graph (1), may be used for the purchase or acquisi-
tion of filtering or blocking products necessary to
meet the requirements of section 254(h) (5) and (6)
of that Act, but not for the purchase of software or
other technology other than what is required to meet
those requirements.
(h) EFFECTIVE DATE.—The amendments made by
this section shall take effect 120 days after the date of
the enactment of this Act.
Æ