I
107TH CONGRESS
1ST SESSION
H. R. 1846
To amend section 254 of the Communications Act of 1934 to require schools
and libraries receiving universal service assistance to block access to
Internet services that enable users to access the World Wide Web and
transfer electronic mail in an anonymous manner.
IN THE HOUSE OF REPRESENTATIVES
MAY 15, 2001
Mr. GRUCCI introduced the following bill; which was referred to the Committee
on Energy and Commerce
A BILL
To amend section 254 of the Communications Act of 1934
to require schools and libraries receiving universal service
assistance to block access to Internet services that enable
users to access the World Wide Web and transfer elec-
tronic mail in an anonymous manner.
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 ‘‘Who Is E-Mailing Our
Kids Act’’.
SEC. 2. REQUIREMENTS FOR SCHOOLS AND LIBRARIES TO
ENFORCE POLICIES AGAINST ANONYMOUS
INTERNET CONNECTION AS CONDITION OF
UNIVERSAL SERVICE DISCOUNTS.
(a) SCHOOLS.—Section 254(h)(5) of the Communica-
tions Act of 1934 (47 U.S.C. 254(h)(5)) is amended—
(1) in subparagraph (A)—
(A) in the subparagraph heading, by in-
serting ‘‘AND
PREVENTION
OF
ANONYMOUS
INTERNET ACCESS’’ after ‘‘INTERNET SAFETY’’;
(B) in clause (i)—
(i) in subclause (I), by striking ‘‘and
(C)’’ and inserting ‘‘, (C), and (D)’’;
(ii) in subclause (II), by striking
‘‘and’’ at the end;
(iii) by redesignating subclause (III)
as subclause (IV); and
(iv) by inserting after subclause (II)
the following new subclause:
‘‘(III) submits to the Commission
a certification that a policy of regard-
ing anonymous Internet connection
has been adopted and implemented for
the school under subsection (m);
and’’; and
(C) in the first sentence of clause (iii), by
inserting before the period the following: ‘‘, and
shall provide reasonable public notice and hold
at least one public hearing or meeting to ad-
dress the proposed policy of regarding anony-
mous Internet connection’’;
(2) by redesignating subparagraphs (D), (E),
and (F) as subparagraphs (E), (F), and (H), respec-
tively;
(3) by inserting after subparagraph (C) the fol-
lowing new subparagraph:
‘‘(D) CERTIFICATION REGARDING BLOCK-
ING
ONLINE
PRIVACY
SERVICES.—A certifi-
cation under this subparagraph is a certifi-
cation that the school, school board, local edu-
cational agency, or other authority with respon-
sibility for administration of the school—
‘‘(i) is enforcing a policy regarding
anonymous Internet connection that in-
cludes the operation of a technology pro-
tection measure with respect to any of its
computers with Internet access that pre-
vents use of such computers to access an
online privacy service that enables a user—
‘‘(I) to send electronic mail anon-
ymously; or
‘‘(II) to access the World Wide
Web anonymously; and
‘‘(ii) is enforcing the operation of such
technology protection measure during any
use of such computers.’’;
(4) in the heading for subparagraph (F) (as so
redesignated by paragraph (2) of this subsection), by
inserting ‘‘OF INTERNET SAFETY MEASURES’’ after
‘‘IMPLEMENTATION’’;
(5) by inserting after subparagraph (F) (as so
redesignated by paragraph (2) of this subsection)
the following new subparagraph:
‘‘(G) TIMING
OF
IMPLEMENTATION
OF
MEASURES TO PREVENT ANONYMOUS INTERNET
ACCESS.—
‘‘(i) IN GENERAL.—Subject to clause
(ii), in the case of any school covered by
this paragraph as of the effective date of
this paragraph under section 2(e) of the
Who Is E-Mailing Our Kids Act, the cer-
tification under subparagraph (D) shall be
made—
‘‘(I) with respect to the first pro-
gram funding year under this sub-
section following such effective date,
not later than 120 days after the be-
ginning of such program funding year;
and
‘‘(II) with respect to any subse-
quent program funding year, as part
of the application process for such
program funding year.
‘‘(ii) PROCESS.—
‘‘(I) SCHOOLS WITH POLICY AND
TECHNOLOGY PROTECTION MEASURES
IN PLACE FOR PREVENTING ANONY-
MOUS
INTERNET
ACCESS.—A school
covered by clause (i) that has in place
a policy regarding anonymous Inter-
net connection and technology protec-
tion measures that meet the require-
ments 
necessary 
for 
certification
under subparagraph (D) shall certify
its compliance with subparagraph (D)
during each annual program applica-
tion cycle under this subsection, ex-
cept that with respect to the first pro-
gram funding year after the effective
date of this paragraph under section
2(e) of the Who Is E-Mailing Our
Kids Act, the certifications shall be
made not later than 120 days after
the beginning of such first program
funding year.
‘‘(II) SCHOOLS WITHOUT POLICY
AND TECHNOLOGY PROTECTION MEAS-
URES
IN
PLACE
FOR
PREVENTING
ANONYMOUS
INTERNET
ACCESS.—A
school covered by clause (i) that does
not have in place a policy regarding
anonymous Internet connection and
technology protection measures that
meet the requirements necessary for
certification 
under 
subparagraph
(D)—
‘‘(aa) for the first program
year after the effective date of
this subsection in which it is ap-
plying for funds under this sub-
section, shall certify that it is un-
dertaking such actions, including
any necessary procurement pro-
cedures, to put in place a policy
and technology protection meas-
ures meeting the requirements
necessary for certification under
subparagraph (D); and
‘‘(bb) for the second pro-
gram year after the effective date
of this subsection in which it is
applying for funds under this
subsection, shall certify that it is
in compliance with subparagraph
(D).
Any school that is unable to certify
compliance with such requirements in
such second program year shall be in-
eligible for services at discount rates
or funding in lieu of services at such
rates under this subsection for such
second year and all subsequent pro-
gram years under this subsection,
until such time as such school comes
into compliance with this paragraph.
‘‘(III) 
WAIVERS.—Any 
school
subject to subclause (II) that cannot
come into compliance with subpara-
graph (D) in such second year pro-
gram may seek a waiver of subclause
(II)(bb) if State or local procurement
rules or regulations or competitive
bidding 
requirements 
prevent 
the
making of the certification otherwise
required by such subclause. A school,
school board, local educational agency,
or other authority with responsibility
for administration of the school shall
notify the Commission of the applica-
bility of such subclause to the school.
Such notice shall certify that the
school in question will be brought into
compliance before the start of the
third program year after the effective
date of this subsection in which the
school is applying for funds under this
subsection.’’; and
(6) in subparagraph (H)(ii) (as so redesignated
by paragraph (2) of this subsection), by striking
‘‘subparagraphs (B) and (C)’’ and inserting ‘‘sub-
paragraph (B), (C), or (D)’’.
(b) LIBRARIES.—Section 254(h)(6) of the Commu-
nications Act of 1934 (47 U.S.C. 254(h)(6)) is amended—
(1) in subparagraph (A)—
(A) in the subparagraph heading, by in-
serting ‘‘AND
PREVENTION
OF
ANONYMOUS
INTERNET ACCESS’’ after ‘‘INTERNET SAFETY’’;
(B) in clause (i)—
(i) in subclause (I), by striking ‘‘and
(C)’’ and inserting ‘‘, (C), and (D)’’;
(ii) in subclause (II), by striking
‘‘and’’ at the end;
(iii) by redesignating subclause (III)
as subclause (IV); and
(iv) by inserting after subclause (II)
the following new subclause:
‘‘(III) submits to the Commission
a certification that a policy regarding
anonymous Internet connection has
been adopted and implemented for the
library under subsection (m); and’’;
and
(B) in the first sentence of clause (iii), by
inserting before the period the following: ‘‘, and
shall provide reasonable public notice and hold
at least one public hearing or meeting to ad-
dress the proposed policy regarding anonymous
Internet connection’’;
(2) by redesignating subparagraphs (D), (E),
and (F) as subparagraphs (E), (F), and (H), respec-
tively;
(3) by inserting after subparagraph (C) the fol-
lowing new subparagraph:
‘‘(D) CERTIFICATION REGARDING BLOCK-
ING
ONLINE
PRIVACY
SERVICES.—A certifi-
cation under this subparagraph is a certifi-
cation that the library—
‘‘(i) is enforcing a policy regarding
anonymous Internet connection that in-
cludes the operation of a technology pro-
tection measure with respect to any of its
computers with Internet access that pre-
vents use of such computers to access an
online privacy service that enables a user—
‘‘(I) to send electronic mail anon-
ymously; or
‘‘(II) to access the World Wide
Web anonymously; and
‘‘(ii) is enforcing the operation of such
technology protection measure during any
use of such computers.’’;
(4) in the heading for subparagraph (F) (as so
redesignated by paragraph (2) of this subsection), by
inserting ‘‘OF INTERNET SAFETY MEASURES’’ after
‘‘IMPLEMENTATION’’;
(5) by inserting after subparagraph (F) (as so
redesignated by paragraph (2) of this subsection)
the following new subparagraph:
‘‘(G) TIMING
OF
IMPLEMENTATION
OF
MEASURES TO PREVENT ANONYMOUS INTERNET
ACCESS.—
‘‘(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(e) of the
Who Is E-Mailing Our Kids Act, the cer-
tification under subparagraph (D) shall be
made—
‘‘(I) with respect to the first pro-
gram funding year under this sub-
section following such effective date,
not later than 120 days after the be-
ginning of such program funding year;
and
‘‘(II) with respect to any subse-
quent program funding year, as part
of the application process for such
program funding year.
‘‘(ii) PROCESS.—
‘‘(I) LIBRARIES
WITH
POLICY
AND TECHNOLOGY PROTECTION MEAS-
URES
IN
PLACE
FOR
PREVENTING
ANONYMOUS
INTERNET
ACCESS.—A
library covered by clause (i) that has
in place a policy regarding anonymous
Internet connection and technology
protection measures that meet the re-
quirements necessary for certification
under subparagraph (D) shall certify
its compliance with subparagraph (D)
during each annual program applica-
tion cycle under this subsection, ex-
cept that with respect to the first pro-
gram funding year after the effective
date of this paragraph under section
2(e) of the Who Is E-Mailing Our
Kids Act, the certifications shall be
made not later than 120 days after
the beginning of such first program
funding year.
‘‘(II) LIBRARIES WITHOUT POL-
ICY
AND
TECHNOLOGY
PROTECTION
MEASURES
IN
PLACE
FOR
PRE-
VENTING ANONYMOUS INTERNET AC-
CESS.—A library covered by clause (i)
that does not have in place a policy
regarding anonymous Internet connec-
tion and technology protection meas-
ures that meet the requirements nec-
essary for certification under subpara-
graph (D)—
‘‘(aa) for the first program
year after the effective date of
this subsection in which it is ap-
plying for funds under this sub-
section, shall certify that it is un-
dertaking such actions, including
any necessary procurement pro-
cedures, to put in place a policy
and technology protection meas-
ures meeting the requirements
necessary for certification under
subparagraph (D); and
‘‘(bb) for the second pro-
gram year after the effective date
of this subsection in which it is
applying for funds under this
subsection, shall certify that it is
in compliance with subparagraph
(D).
Any library that is unable to certify
compliance with such requirements in
such second program year shall be in-
eligible for services at discount rates
or funding in lieu of services at such
rates under this subsection for such
second year and all subsequent pro-
gram years under this subsection,
until such time as such library comes
into compliance with this paragraph.
‘‘(III) 
WAIVERS.—Any 
library
subject to subclause (II) that cannot
come into compliance with subpara-
graph (D) in such second year pro-
gram may seek a waiver of subclause
(II)(bb) if State or local procurement
rules or regulations or competitive
bidding 
requirements 
prevent 
the
making of the certification otherwise
required by such subclause. A library,
library board, or other authority with
responsibility for administration of the
library 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 before the
start of the third program year after
the effective date of this subsection in
which the library is applying for funds
under this subsection.’’; and
(6) in subparagraph (H)(ii) (as so redesignated
by paragraph (2) of this subsection), by striking
‘‘subparagraphs (B) and (C)’’ and inserting ‘‘sub-
paragraph (B), (C), or (D)’’.
(c) DEFINITIONS.—Section 254(h)(7) of the Commu-
nications Act of 1934 (47 U.S.C. 254(h)(7)) is amended—
(1) by redesignating subparagraphs (A) through
(I) as subparagraphs (B) through (J), respectively;
and
(2) by inserting before subparagraph (B) (as so
redesignated) the following new subparagraph:
‘‘(A) ANONYMOUSLY.—The term ‘anony-
mously’ means—
‘‘(i) with respect to sending of elec-
tronic mail, in a manner that prevents—
‘‘(I) anyone receiving such mail
from accessing the electronic mail ad-
dress of the sender; or
‘‘(II) the creation or recording,
by the computer used for sending the
electronic mail, of a record that the
mail was sent, of the content of the
mail, of the address to which the mail
was sent, or of the time, date, or
sender of the mail; and
‘‘(ii) with respect to accessing the
World Wide Web, in a manner that pre-
vents the creation or recording, by the
computer used for such access or by the
network of which such computer is a part,
of any record of the World Wide Web sites
accessed by such computer or the identity
of the user who, or account that, accessed
such web sites.’’.
(d) REQUIREMENT FOR SCHOOLS AND LIBRARIES OF
POLICY REGARDING ANONYMOUS INTERNET ACCESS.—
Section 254 of the Communications Act of 1934 (47
U.S.C. 254) is amended by adding at the end the following
new subsection:
‘‘(m) REQUIREMENT FOR SCHOOLS AND LIBRARIES
OF POLICY REGARDING ANONYMOUS INTERNET AC-
CESS.—
‘‘(1) IN GENERAL.—In carrying out its respon-
sibilities under subsection (h), each school or library
to which subsection (h) applies shall—
‘‘(A) adopt and implement a policy regard-
ing 
anonymous 
Internet 
connection 
that
addresses—
‘‘(i) the use of the computers of the
school or library to obtain inappropriate
anonymous access to the Internet and the
World Wide Web or to inappropriately
send electronic mail anonymously; and
‘‘(ii) measures designed to restrict ac-
cess to any online privacy service that en-
ables a user—
‘‘(I) to send electronic mail anon-
ymously; or
‘‘(II) to access the World Wide
Web anonymous; and
‘‘(B) provide reasonable public notice and
hold at least one public hearing or meeting to
address the proposed policy regarding anony-
mous Internet access.
‘‘(2) LOCAL DETERMINATION OF ONLINE PRI-
VACY SERVICE.—A determination regarding what is
inappropriate anonymous access to the Internet and
the World Wide Web or what is inappropriate send-
ing of electronic mail anonymously shall be made by
the school board, local educational agency, library,
or other authority responsible for making the deter-
mination. No agency or instrumentality of the
United States Government may—
‘‘(A) establish criteria for making such de-
termination;
‘‘(B) review the determination made by the
certifying school, school board, local educational
agency, library, or other authority; or
‘‘(C) consider the criteria employed by the
certifying school, school board, local educational
agency, library, or other authority in the ad-
ministration of subsection (h)(1)(B).
‘‘(3) AVAILABILITY FOR REVIEW.—Each policy
regarding anonymous Internet access adopted under
this subsection shall be made available to the Com-
mission, upon request of the Commission, by the
school, school board, local educational agency, li-
brary, or other authority responsible for adopting
such Internet safety policy for purposes of the re-
view of such Internet safety policy by the Commis-
sion.
‘‘(4) EFFECTIVE DATE.—This subsection shall
apply with respect to schools and libraries on or
after the date that is 120 days after the date of the
enactment of the Who Is E-Mailing Our Kids Act.’’.
(e) EFFECTIVE DATE.—The amendments made by
this section shall take effect 120 days after the date of
the enactment of this Act.
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