232
a whole rather than the specific businesses, institu-
tions, or individuals the agency regulates or funds.
(11) The extent to which the agency grants
have encouraged participation by the public as a
whole in making its rules and decisions rather than
encouraging participation solely by those it regu-
lates.
(12) The extent to which the agency complies
with section 552 of title 5, United States Code (com-
monly known as the ‘‘Freedom of Information Act’’).
(13) The impact of any regulatory, privacy, and
paperwork concerns resulting from the programs
carried out by the agency.
(14) The extent to which the agency has coordi-
nated with state and local governments in per-
forming the functions of the agency.
(15) The extent to which changes are necessary
in the authorizing statutes of the agency in order
that the functions of the agency can be performed
in a more efficient and effective manner.
(16) Whether greater oversight is needed of
programs developed with grants made by the Office
of Juvenile Justice and Delinquency Prevention.
(b) REPORT.—The report required by subsection (a)
shall—
233
(1) include recommendations for legislative
changes, as appropriate, based on the evaluation
conducted under subsection (a), to be made to the
Juvenile Justice and Delinquency Prevention Act of
1974 (42 U.S.C. 5601 et seq.), excluding the Run-
away and Homeless Youth Act (42 U.S.C. 5701 et
seq.) and the Missing Children’s Assistance Act (42
U.S.C. 5771 et seq.); and
(2) shall be submitted, together with supporting
materials, to the Speaker of the House of Represent-
atives and the President pro tempore of the Senate,
and made available to the public.
SEC. 1364. GENERAL ACCOUNTING OFFICE REPORT.
Not later than 1 year after the date of the enactment
of this Act, the General Accounting Office shall transmit
to Congress a report containing the following:
(1) For each State, a description of the types
of after-school programs that are available for stu-
dents in kindergarten through grade 12, including
programs sponsored by the Boys and Girls Clubs of
America, the Boy Scouts of America, the Girl Scouts
of America, YMCAs, and athletic and other pro-
grams operated by public schools and other State
and local agencies.
234
(2) For 15 communities selected to represent a
variety of regional, population, and demographic
profiles, a detailed analysis of all of the after-school
programs that are available for students in kinder-
garten through grade 12, including programs spon-
sored by the Boys and Girls Clubs of America, the
Boy Scouts of America, the Girl Scouts of America,
YMCAs, mentoring programs, athletic programs,
and programs operated by public schools, churches,
day care centers, parks, recreation centers, family
day care, community organizations, law enforcement
agencies, service providers, and for-profit and non-
profit organizations.
(3) For each State, a description of significant
areas of unmet need in the quality and availability
of after-school programs.
(4) For each State, a description of barriers
which prevent or deter the participation of children
in after-school programs.
(5) For each State, a description of barriers to
improving the quality and availability of after-school
programs.
(6) A list of activities, other than after-school
programs, in which students in kindergarten through
grade 12 participate when not in school, including
235
jobs, volunteer opportunities, and other non-school
affiliated programs.
(7) An analysis of the value of the activities
listed pursuant to paragraph (6) to the well-being
and educational development of students in kinder-
garten through grade 12.
SEC. 1365. BEHAVIORAL AND SOCIAL SCIENCE RESEARCH
ON YOUTH VIOLENCE.
(a) NIH RESEARCH.—The National Institutes of
Health, acting through the Office of Behavioral and Social
Sciences Research, shall carry out a coordinated, multi-
year course of behavioral and social science research on
the causes and prevention of youth violence.
(b) NATURE OF RESEARCH.—Funds made available
to the National Institutes of Health pursuant to this sec-
tion shall be utilized to conduct, support, coordinate, and
disseminate basic and applied behavioral and social science
research with respect to youth violence, including research
on one or more of the following subjects:
(1) The etiology of youth violence.
(2) Risk factors for youth violence.
(3) Childhood precursors to antisocial violent
behavior.
(4) The role of peer pressure in inciting youth
violence.
236
(5) The processes by which children develop
patterns of thought and behavior, including beliefs
about the value of human life.
(6) Science-based strategies for preventing
youth violence, including school and community-
based programs.
(7) Other subjects that the Director of the Of-
fice of Behavioral and Social Sciences Research
deems appropriate.
(c) ROLE OF THE OFFICE OF BEHAVIORAL AND SO-
CIAL SCIENCES RESEARCH.—Pursuant to this section and
section 404A of the Public Health Service Act (42 U.S.C.
283c), the Director of the Office of Behavioral and Social
Sciences Research shall—
(1) coordinate research on youth violence con-
ducted or supported by the agencies of the National
Institutes of Health;
(2) identify youth violence research projects
that should be conducted or supported by the re-
search institutes, and develop such projects in co-
operation with such institutes and in consultation
with State and Federal law enforcement agencies;
(3) take steps to further cooperation and col-
laboration between the National Institutes of Health
and the Centers for Disease Control and Prevention,
237
the Substance Abuse and Mental Health Services
Administration, the agencies of the Department of
Justice, and other governmental and nongovern-
mental agencies with respect to youth violence re-
search conducted or supported by such agencies;
(4) establish a clearinghouse for information
about youth violence research conducted by govern-
mental and nongovernmental entities; and
(5) periodically report to Congress on the state
of youth violence research and make recommenda-
tions to Congress regarding such research.
(d) FUNDING.—There is authorized to be appro-
priated, $5,000,000 for each of fiscal years 2000 through
2004 to carry out this section. If amount are not sepa-
rately appropriated to carry out this section, the Director
of the National Institutes of Health shall carry out this
section using funds appropriated generally to the National
Institutes of Health, except that funds expended for under
this section shall supplement and not supplant existing
funding for behavioral research activities at the National
Institutes of Health.
238
Subtitle F—General Provisions
SEC. 1371. EFFECTIVE DATE; APPLICATION OF AMEND-
MENTS.
(a) EFFECTIVE DATE.—Except as provided in sub-
section (b), this title and the amendments made by this
title shall take effect on the date of the enactment of this
Act.
(b) APPLICATION OF AMENDMENTS.—The amend-
ments made by this title shall apply only with respect to
fiscal years beginning after September 30, 1999.
TITLE XIV—CHILDREN’S
INTERNET PROTECTION
SEC. 1401. SHORT TITLE.
This title may be cited as the ‘‘Children’s Internet
Protection Act’’.
SEC. 1402. NO UNIVERSAL SERVICE FOR SCHOOLS OR LI-
BRARIES THAT FAIL TO IMPLEMENT A FIL-
TERING OR BLOCKING TECHNOLOGY FOR
COMPUTERS WITH INTERNET ACCESS.
(a) IN GENERAL.—Section 254 of the Communica-
tions Act of 1934 (47 U.S.C. 254) is amended by adding
at the end thereof the following:
‘‘(l) IMPLEMENTATION OF AN INTERNET FILTERING
OR BLOCKING TECHNOLOGY.—
239
‘‘(1) IN GENERAL.—An elementary school, sec-
ondary school, or library that fails to provide the
certification required by paragraph (2) or (3), re-
spectively, is not eligible to receive or retain uni-
versal service assistance provided under subsection
(h)(1)(B).
‘‘(2) CERTIFICATION FOR SCHOOLS.—To be eli-
gible to receive universal service assistance under
subsection (h)(1)(B), an elementary or secondary
school shall certify to the Commission that it has—
‘‘(A) selected a technology for computers
with Internet access to filter or block—
‘‘(i) child pornographic materials,
which shall have the meaning of that term
as used in sections 2252, 2252A, 2256 of
title 18, United States Code;
‘‘(ii) obscene materials, which shall
have the meaning of that term as used in
section 1460 of title 18, United States
Code; and
‘‘(iii) during use by minors, materials
deemed to be harmful to minors, which
shall have the meaning of that term as
used in section 231 of the Communications
Act of 1934 (47 U.S.C. 231); and
240
‘‘(B) installed, or will install, and uses or
will use, as soon as it obtains computers with
Internet access, a technology to filter or block
such material.
‘‘(3) CERTIFICATION
FOR
LIBRARIES.—To be
eligible to receive universal service assistance under
subsection (h)(1)(B),a library shall certify to the
Commission that it has—
‘‘(A) selected a technology for computers
with Internet access to filter or block—
‘‘(i) child pornographic materials,
which shall have the meaning of that term
as used in sections 2252, 2252A, 2256 of
title 18, United States Code;
‘‘(ii) obscene materials, which shall
have the meaning of that term as used in
section 1460 of title 18, United States
Code; and
‘‘(iii) during use by minors, materials
deemed to be harmful to minors, which
shall have the meaning of that term as
used in section 231 of the Communications
Act of 1934 (47 U.S.C. 231); and
‘‘(B) installed, or will install, and uses or
will use, as soon as it obtains computers with
241
Internet access, a technology to filter or block
such material.
‘‘(4) TIME
FOR
CERTIFICATION.—The certifi-
cation required by paragraph (2) or (3) shall be
made within 30 days of the date that rules are pro-
mulgated by the Federal Communications Commis-
sion, or, if later, within 10 days of the date on which
any computer with access to the Internet is first
made available in the school or library for its in-
tended use.
‘‘(5) NOTIFICATION
OF
CESSATION; 
ADDI-
TIONAL INTERNET-ACCESSING COMPUTER.—
‘‘(A) CESSATION.—A school or library that
has filed the certification required by paragraph
(3)(A) shall notify the Commission within 10
days after the date on which it ceases to use
the filtering or blocking technology to which the
certification related.
‘‘(B) ADDITIONAL
INTERNET-ACCESSING
COMPUTER.—A school or library that has filed
the certification required by paragraph (3)(B)
that adds another computer with Internet ac-
cess intended for use by the public (including
minors) shall make the certification required by
paragraph (3)(A) within 10 days after that
242
computer is made available for use by the pub-
lic.
‘‘(6) POSTING OF NOTICE.—A school or library
that has filed a certification under paragraph (2) or
(3) shall post within view of the computers which
are the subject of that certification a notice that
contains—
‘‘(A) a copy of the filter or block certifi-
cation;
‘‘(B) a statement of such school’s or li-
brary’s filtering or block policy; and
‘‘(C) information on the specific block
technology in use.
‘‘(7) PENALTY FOR FAILURE TO COMPLY.—A
school or library that fails to meet the requirements
of this subsection is liable to repay immediately the
full amount of all universal service assistance the
school or library received under subsection (h)(1)(B)
after the date the failure began.
‘‘(8) LOCAL DETERMINATION OF MATERIAL TO
BE FILTERED.—For purposes of paragraphs (2) and
(3), the determination of what material is to be
deemed harmful to minors shall be made by the
school, school board, library or other authority re-
sponsible for making the required certification. No
243
agency or instrumentality of the United States Gov-
ernment may—
‘‘(A) establish criteria for making that de-
termination;
‘‘(B) review the determination made by the
certifying school, school board, library, or other
authority; or
‘‘(C) consider the criteria employed by the
certifying school, school board, library, or other
authority in the administration of subsection
(h)(1)(B).
‘‘(9) NO
PREEMTION
OR
OTHER
EFFECT.—
Nothing in this subsection shall be construed—
‘‘(A) to preempt, supersede, or limit any
requirements that imposed by a school or li-
brary, or by a political authority for a school or
library, that are more stringent than the re-
quirements of this subsection; or
‘‘(B) to supersede or limit otherwise appli-
cable Federal or State child pornography or ob-
scenity laws.’’.
(b) CONFORMING CHANGE.—Section 254(h)(1)(B) of
the 
Communications 
Act 
of 
1934 
(47 
U.S.C.
254(h)(1)(B)) is amended by striking ‘‘All telecommuni-
244
cations’’ and inserting ‘‘Except as provided by subsection
(l), all telecommunications’’.
SEC. 1403. FEDERAL COMMUNICATIONS COMMISSION TO
ADOPT RULES WITHIN 4 MONTHS.
The Federal Communications Commission shall
adopt rules implementing section 254(l) of the Commu-
nications Act of 1934 (as added by this Act) within 120
days after the date of the enactment of this Act.
TITLE XV—TEACHER LIABILITY
PROTECTION
SEC. 1501. SHORT TITLE.
This title may be cited as the ‘‘Teacher Liability Pro-
tection Act of 1999’’.
SEC. 1502. FINDINGS AND PURPOSE.
(a) FINDINGS.—Congress makes the following find-
ings:
(1) The ability of teachers, principals and other
school professionals to teach, inspire and shape the
intellect of our Nation’s elementary and secondary
school students is deterred and hindered by frivolous
lawsuits and litigation.
(2) Each year more and more teachers, prin-
cipals and other school professionals face lawsuits
for actions undertaken as part of their duties to pro-
245
vide millions of school children quality educational
opportunities.
(3) Too many teachers, principals and other
school professionals face increasingly severe and ran-
dom acts of violence in the classroom and in schools.
(4) Providing teachers, principals and other
school professionals a safe and secure environment is
an important part of the effort to improve and ex-
pand educational opportunities.
(5) Clarifying and limiting the liability of teach-
ers, principals and other school professionals who
undertake reasonable actions to maintain order, dis-
cipline and an appropriate educational environment
is an appropriate subject of Federal legislation
because—
(A) the scope of the problems created by
the legitimate fears of teachers, principals and
other school professionals about frivolous, arbi-
trary or capricious lawsuits against teachers is
of national importance; and
(B) millions of children and their families
across the Nation depend on teachers, prin-
cipals and other school professionals for the in-
tellectual development of children.
246
(b) PURPOSE.—The purpose of this title is to provide
teachers, principals and other school professionals the
tools they need to undertake reasonable actions to main-
tain order, discipline and an appropriate educational envi-
ronment.
SEC. 1503. PREEMPTION AND ELECTION OF STATE NON-
APPLICABILITY.
(a) PREEMPTION.—This title preempts the laws of
any State to the extent that such laws are inconsistent
with this title, except that this title shall not preempt any
State law that provides additional protection from liability
relating to teachers.
(b) ELECTION OF STATE REGARDING NONAPPLICA-
BILITY.—This title shall not apply to any civil action in
a State court against a teacher in which all parties are
citizens of the State if such State enacts a statute in ac-
cordance 
with 
State 
requirements 
for 
enacting
legislation—
(1) citing the authority of this subsection;
(2) declaring the election of such State that this
title shall not apply, as of a date certain, to such
civil action in the State; and
(3) containing no other provisions.
247
SEC. 1504. LIMITATION ON LIABILITY FOR TEACHERS.
(a) LIABILITY PROTECTION FOR TEACHERS.—Ex-
cept as provided in subsections (b) and (c), no teacher in
a school shall be liable for harm caused by an act or omis-
sion of the teacher on behalf of the school if—
(1) the teacher was acting within the scope of
the teacher’s employment or responsibilities related
to providing educational services;
(2) the actions of the teacher were carried out
in conformity with local, state, or federal laws, rules
or regulations in furtherance of efforts to control,
discipline, expel, or suspend a student or maintain
order or control in the classroom or school;
(3) if appropriate or required, the teacher was
properly licensed, certified, or authorized by the ap-
propriate authorities for the activities or practice in
the State in which the harm occurred, where the ac-
tivities were or practice was undertaken within the
scope of the teacher’s responsibilities;
(4) the harm was not caused by willful or crimi-
nal misconduct, gross negligence, reckless mis-
conduct, or a conscious, flagrant indifference to the
rights or safety of the individual harmed by the
teacher; and
(5) the harm was not caused by the teacher op-
erating a motor vehicle, vessel, aircraft, or other ve-
248
hicle for which the State requires the operator or the
owner of the vehicle, craft, or vessel to—
(A) possess an operator’s license; or
(B) maintain insurance.
(b) CONCERNING RESPONSIBILITY OF TEACHERS TO
SCHOOLS AND GOVERNMENTAL ENTITIES.—Nothing in
this section shall be construed to affect any civil action
brought by any school or any governmental entity against
any teacher of such school.
(c) EXCEPTIONS TO TEACHER LIABILITY PROTEC-
TION.—If the laws of a State limit teacher liability subject
to one or more of the following conditions, such conditions
shall not be construed as inconsistent with this section:
(1) A State law that requires a school or gov-
ernmental entity to adhere to risk management pro-
cedures, including mandatory training of teachers.
(2) A State law that makes the school or gov-
ernmental entity liable for the acts or omissions of
its teachers to the same extent as an employer is lia-
ble for the acts or omissions of its employees.
(3) A State law that makes a limitation of li-
ability inapplicable if the civil action was brought by
an officer of a State or local government pursuant
to State or local law.
249
(d) LIMITATION ON PUNITIVE DAMAGES BASED ON
THE ACTIONS OF TEACHERS.—
(1) GENERAL
RULE.—Punitive damages may
not be awarded against a teacher in an action
brought for harm based on the action of a teacher
acting within the scope of the teacher’s responsibil-
ities to a school or governmental entity unless the
claimant establishes by clear and convincing evidence
that the harm was proximately caused by an action
of such teacher which constitutes willful or criminal
misconduct, or a conscious, flagrant indifference to
the rights or safety of the individual harmed.
(2) CONSTRUCTION.—Paragraph (1) does not
create a cause of action for punitive damages and
does not preempt or supersede any Federal or State
law to the extent that such law would further limit
the award of punitive damages.
(e) EXCEPTIONS TO LIMITATIONS ON LIABILITY.—
(1) IN GENERAL.—The limitations on the liabil-
ity of a teacher under this title shall not apply to
any misconduct that—
(A) constitutes a crime of violence (as that
term is defined in section 16 of title 18, United
States Code) or act of international terrorism
(as that term is defined in section 2331 of title
250
18, United States Code) for which the defend-
ant has been convicted in any court;
(B) involves a sexual offense, as defined by
applicable State law, for which the defendant
has been convicted in any court;
(C) involves misconduct for which the de-
fendant has been found to have violated a Fed-
eral or State civil rights law; or
(D) where the defendant was under the in-
fluence (as determined pursuant to applicable
State law) of intoxicating alcohol or any drug at
the time of the misconduct.
(2) RULE OF CONSTRUCTION.—Nothing in this
subsection shall be construed to effect subsection
(a)(3) or (d).
SEC. 1505. LIABILITY FOR NONECONOMIC LOSS.
(a) GENERAL RULE.—In any civil action against a
teacher, based on an action of a teacher acting within the
scope of the teacher’s responsibilities to a school or gov-
ernmental entity, the liability of the teacher for non-
economic loss shall be determined in accordance with sub-
section (b).
(b) AMOUNT OF LIABILITY.—
(1) IN
GENERAL.—Each defendant who is a
teacher, shall be liable only for the amount of non-
251
economic loss allocated to that defendant in direct
proportion to the percentage of responsibility of that
defendant (determined in accordance with paragraph
(2)) for the harm to the claimant with respect to
which that defendant is liable. The court shall
render a separate judgment against each defendant
in an amount determined pursuant to the preceding
sentence.
(2) PERCENTAGE
OF
RESPONSIBILITY.—For
purposes of determining the amount of noneconomic
loss allocated to a defendant who is a teacher under
this section, the trier of fact shall determine the per-
centage of responsibility of that defendant for the
claimant’s harm.
SEC. 1506. DEFINITIONS.
For purposes of this title:
(1) ECONOMIC
LOSS.—The term ‘‘economic
loss’’ means any pecuniary loss resulting from harm
(including the loss of earnings or other benefits re-
lated to employment, medical expense loss, replace-
ment services loss, loss due to death, burial costs,
and loss of business or employment opportunities) to
the extent recovery for such loss is allowed under ap-
plicable State law.
252
(2) HARM.—The term ‘‘harm’’ includes phys-
ical, nonphysical, economic, and noneconomic losses.
(3) NONECONOMIC LOSSES.—The term ‘‘non-
economic losses’’ means losses for physical and emo-
tional pain, suffering, inconvenience, physical im-
pairment, mental anguish, disfigurement, loss of en-
joyment of life, loss of society and companionship,
loss of consortium (other than loss of domestic serv-
ice), hedonic damages, injury to reputation and all
other nonpecuniary losses of any kind or nature.
(4) SCHOOL.—The term ‘‘school’’ means a pub-
lic or private kindergarten, a public or private ele-
mentary school or secondary school (as defined in
section 14101 of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 8801)), or a
home school.
(5) STATE.—The term ‘‘State’’ means each of
the several States of the United States, the District
of Columbia, the Commonwealth of Puerto Rico, the
United States Virgin Islands, Guam, American
Samoa, the Commonwealth of the Northern Mariana
Islands, any other territory or possession of the
United States, or any political subdivision of any
such State, territory, or possession.
253
(6) TEACHER.—The term ‘‘teacher’’ means a
teacher, instructor, principal, administrator, or other
educational professional that works in a school, a
local school board and any member of such board,
and a local educational agency and any employee of
such agency.
SEC. 1507. EFFECTIVE DATE.
(a) IN GENERAL.—This title shall take effect 90 days
after the date of the enactment of this Act.
(b) APPLICATION.—This title applies to any claim for
harm caused by an act or omission of a teacher where
that claim is filed on or after the effective date of this
Act, without regard to whether the harm that is the sub-
ject of the claim or the conduct that caused the harm oc-
curred before such effective date.
Passed the House of Representatives June 17, 1999.
Attest:
Clerk.