I
106TH CONGRESS
2D SESSION
H. R. 4545
To require public schools and libraries that receive Federal funds for the
acquisition or operation of computers to install software to protect chil-
dren from obscenity.
IN THE HOUSE OF REPRESENTATIVES
MAY 25, 2000
Mr. ISTOOK (for himself, Mr. DICKEY, Mr. FRANKS of New Jersey, Mrs.
MYRICK, Mr. SOUDER, Mr. TANCREDO, and Mr. TERRY) introduced the
following bill; which was referred to the Committee on Education and the
Workforce
A BILL
To require public schools and libraries that receive Federal
funds for the acquisition or operation of computers to
install software to protect children from obscenity.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Internet Minors Pro-
tection and Cyberspace Technology Act’’.
SEC. 2. COMPUTER SOFTWARE REQUIRED.
(a) INSTALLATION REQUIRED.—Any elementary or
secondary school or public library that has received under
any program or activity of any Federal agency any funds
for the acquisition or operation of any computer that is
accessible to minors and that has access to the Internet,
or that has received universal service assistance under sec-
tion 254(h)(1)(B) of the Communications Act of 1934 for
accessing the Internet on any computer that is accessible
to minors, shall—
(1) install software on that computer that is de-
termined (in accordance with subsection (b)) to be
adequately designed to prevent minors from obtain-
ing access to any obscene information or child por-
nography using that computer; and
(2) ensure that such software is operational
whenever that computer is used by minors, except
that such software’s operation may be temporarily
interrupted to permit a minor to have access to in-
formation that is not obscene, is not child pornog-
raphy, or is otherwise unprotected by the Constitu-
tion under the direct supervision of an adult des-
ignated by such school or library.
(b) DETERMINATION OF ADEQUATE DESIGN.—For
any elementary or secondary school or public library with-
in the jurisdiction of any State, the determinations re-
quired for purposes of subsection (a)(1) shall be made by
an agency or official designated by the chief executive offi-
cer of such State. For any elementary or secondary school
or public library that is not within the jurisdiction of any
State, the determinations required for purposes of sub-
section (a)(1) shall be made by the Secretary of Edu-
cation.
(c) CONSEQUENCES OF VIOLATIONS.—
(1) USE OF GENERAL EDUCATION PROVISIONS
ACT REMEDIES.—Whenever the head of any Federal
agency has reason to believe that any recipient of
funds under any program or activity is failing to
comply substantially with the requirements of sub-
section (a), the head of such agency may—
(A) withhold further payments under that
program or activity,
(B) issue a complaint to compel compliance
through a cease and desist order, or
(C) enter into a compliance agreement
with a recipient to bring it into compliance,
in the same manner as the Secretary of Education
is authorized to take such actions under sections
455, 456, and 457, respectively, of the General Edu-
cation Provisions Act (20 U.S.C. 1234d).
(2) RECOVERY OF FUNDS PROHIBITED.—The
actions authorized by paragraph (1) are the exclu-
sive remedies available with respect to a violation of
subsection (a), and the head of any Federal agency
shall not seek a recovery of funds from the recipient.
(d) DEFINITIONS.—For purposes of this section:
(1) ELEMENTARY
OR
SECONDARY
SCHOOL.—
The term ‘‘elementary or secondary school’’ means
an elementary school or a secondary school as such
terms are defined in section 14101 of the Elemen-
tary and Secondary Education Act of 1965 (20
U.S.C. 8801).
(2) PUBLIC
LIBRARY.—The term ‘‘public li-
brary’’ means has the meaning given the term ‘‘li-
brary’’ by section 213 of the Library Services and
Technology Act (20 U.S.C. 9122).
(3) COMPUTER.—The term ‘‘computer’’ in-
cludes any hardware, software, or other technology
attached or connected to, installed in, or otherwise
used in connection with a computer.
(4) ACCESS TO INTERNET.—A computer shall
be considered to have access to the Internet if such
computer is equipped with a modem or is connected
to a computer network which has access to the
Internet.
(5) ACQUISITION
OR
OPERATION.—A elemen-
tary or secondary school or public library shall be
considered to have received under a program or ac-
tivity of any Federal agency any funds for the acqui-
sition or operation of any computer if such funds are
used in any manner, directly or indirectly—
(A) to purchase, lease, or otherwise acquire
or obtain the use of such computer, or
(B) to obtain services, supplies, software,
or other actions or materials to support, or in
connection with, the operation of such com-
puter.
(6) FEDERAL
AGENCY.—The term ‘‘Federal
agency’’ has the meaning given the term ‘agency’ by
section 551(1) of title 5, United States Code.
(7) STATE.—The term ‘‘State’’ means each of
the 50 States, the District of Columbia, the Com-
monwealth of Puerto Rico, the Virgin Islands,
Guam, American Samoa, the Commonwealth of the
Northern Mariana Islands, the Republic of the Mar-
shall Islands, the Federated States of Micronesia,
and the Republic of Palau.