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                                                       Calendar No. 262

106th CONGRESS

  1st Session

                                 S. 97

                          [Report No. 106-141]

_______________________________________________________________________

                                 A BILL

   To require the installation and use by schools and libraries of a 
   technology for filtering or blocking material on the Internet on 
  computers with Internet access to be eligible to receive or retain 
                     universal service assistance.

_______________________________________________________________________

                             August 5, 1999

                       Reported with an amendment





                                                       Calendar No. 262
106th CONGRESS
  1st Session
                                 S. 97

                          [Report No. 106-141]

   To require the installation and use by schools and libraries of a 
   technology for filtering or blocking material on the Internet on 
  computers with Internet access to be eligible to receive or retain 
                     universal service assistance.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            January 19, 1999

  Mr. McCain (for himself, Mr. Hollings, Mr. Burns, Mr. Abraham, Mr. 
   Stevens, Mrs. Hutchison, Mr. Helms, and Mr. Bond) introduced the 
 following bill; which was read twice and referred to the Committee on 
                 Commerce, Science, and Transportation

                             August 5, 1999

               Reported by Mr. McCain, with an amendment
 [Strike all after the enacting clause and insert the part printed in 
                                italic]

_______________________________________________________________________

                                 A BILL


 
   To require the installation and use by schools and libraries of a 
   technology for filtering or blocking material on the Internet on 
  computers with Internet access to be eligible to receive or retain 
                     universal service assistance.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

<DELETED>SECTION 1. SHORT TITLE.</DELETED>

<DELETED>    This Act may be cited as the ``Childrens' Internet 
Protection Act''.</DELETED>

<DELETED>SEC. 2. NO UNIVERSAL SERVICE FOR SCHOOLS OR LIBRARIES THAT 
              FAIL TO IMPLEMENT A FILTERING OR BLOCKING TECHNOLOGY FOR 
              COMPUTERS WITH INTERNET ACCESS.</DELETED>

<DELETED>    (a) In General.--Section 254 of the Communications Act of 
1934 (47 U.S.C. 254) is amended by adding at the end thereof the 
following:</DELETED>
<DELETED>    ``(l) Implementation of an Internet Filtering or Blocking 
Technology.--</DELETED>
        <DELETED>    ``(1) In general.--An elementary school, secondary 
        school, or library that fails to provide the certification 
        required by paragraph (2) or (3), respectively, is not eligible 
        to receive or retain universal service assistance provided 
        under subsection (h)(1)(B).</DELETED>
        <DELETED>    ``(2) Certification for schools.--To be eligible 
        to receive universal service assistance under subsection 
        (h)(1)(B), an elementary or secondary school (or the school 
        board or other authority with responsibility for administration 
        of that school) shall certify to the Commission that it has--
        </DELETED>
                <DELETED>    ``(A) selected a technology for computers 
                with Internet access to filter or block material deemed 
                to be harmful to minors; and</DELETED>
                <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(3) Certification for Libraries.--</DELETED>
                <DELETED>    ``(A) Libraries with more than 1 Internet-
                accessing computer.--To be eligible to receive 
                universal service assistance under subsection 
                (h)(1)(B), a library that has more than 1 computer with 
                Internet access intended for use by the public 
                (including minors) shall certify to the Commission that 
                it has installed and uses a technology to filter or 
                block material deemed to be harmful to minors on one or 
                more of its computers with Internet access.</DELETED>
                <DELETED>    ``(B) Libraries with only 1 Internet-
                accessing computer.--A library that has only 1 computer 
                with Internet access intended for use by the public 
                (including minors) is eligible to receive universal 
                service assistance under subsection (h)(1)(B) even if 
                it does not use a technology to filter or block 
                material deemed to be harmful to minors on that 
                computer if it certifies to the Commission that it 
                employs a reasonably effective alternative means to 
                keep minors from accessing material on the Internet 
                that is deemed to be harmful to minors.</DELETED>
        <DELETED>    ``(4) Time for certification.--The certification 
        required by paragraph (2) or (3) shall be made within 30 days 
        of the date of enactment of the Childrens' Internet Protection 
        Act, 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 intended use.</DELETED>
        <DELETED>    ``(5) Notification of cessation; additional 
        Internet-accessing computer.--</DELETED>
                <DELETED>    ``(A) Cessation.--A 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.</DELETED>
                <DELETED>    ``(B) Additional Internet-accessing 
                computer.--A library that has filed the certification 
                required by paragraph (3)(B) that adds another computer 
                with Internet access intended for use by the public 
                (including minors) shall make the certification 
                required by paragraph (3)(A) within 10 days after that 
                computer is made available for use by the 
                public.</DELETED>
        <DELETED>    ``(6) 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 it received under subsection 
        (h)(1)(B).</DELETED>
        <DELETED>    ``(7) 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 responsible for making the required 
        certification. No agency or instrumentality of the United 
        States Government may--</DELETED>
                <DELETED>    ``(A) establish criteria for making that 
                determination;</DELETED>
                <DELETED>    ``(B) review the determination made by the 
                certifying school, school board, library, or other 
                authority; or</DELETED>
                <DELETED>    ``(C) consider the criteria employed by 
                the certifying school, school board, library, or other 
                authority in the administration of subsection 
                (h)(1)(B).''.</DELETED>
<DELETED>    (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 telecommunications'' and inserting ``Except as provided 
by subsection (l), all telecommunications''.</DELETED>

<DELETED>SEC. 3. FCC TO ADOPT RULES WITHIN 4 MONTHS.</DELETED>

<DELETED>    The Federal Communications Commission shall adopt rules 
implementing section 254(l) of the Communications Act of 1934 within 
120 days after the date of enactment of this Act.</DELETED>

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Childrens' Internet Protection 
Act''.

SEC. 2. REQUIREMENT FOR SCHOOLS AND LIBRARIES TO IMPLEMENT FILTERING OR 
              BLOCKING TECHNOLOGY FOR COMPUTERS WITH INTERNET ACCESS AS 
              CONDITION OF UNIVERSAL SERVICE DISCOUNTS.

    (a) Schools.--Section 254(h) of the Communications Act of 1934 (47 
U.S.C. 254(h)) is amended--
            (1) by redesignating paragraph (5) as paragraph (7); and
            (2) by inserting after paragraph (4) the following new 
        paragraph (5):
            ``(5) Requirements for certain schools with computers 
        having internet access.--
                    ``(A) Internet filtering.--
                            ``(i) In general.--Except as provided in 
                        clause (ii), an elementary or secondary school 
                        having computers with Internet access may not 
                        receive services at discount rates under 
                        paragraph (1)(B) unless the school, school 
                        board, or other authority with responsibility 
                        for administration of the school--
                                    ``(I) submits to the Commission a 
                                certification described in subparagraph 
                                (B); and
                                    ``(II) ensures the use of such 
                                computers in accordance with the 
                                certification.
                            ``(ii) Applicability.--The prohibition in 
                        paragraph (1) shall not apply with respect to a 
                        school that receives services at discount rates 
                        under paragraph (1)(B) only for purposes other 
                        than the provision of Internet access, Internet 
                        service, or internal connections.
                    ``(B) Certification.--A certification under this 
                subparagraph is a certification that the school, school 
                board, or other authority with responsibility for 
                administration of the school--
                            ``(i) has selected a technology for its 
                        computers with Internet access in order to 
                        filter or block Internet access through such 
                        computers to--
                                    ``(I) material that is obscene; and
                                    ``(II) child pornography; and
                            ``(ii) is enforcing a policy to ensure the 
                        operation of the technology during any use of 
                        such computers by minors.
                    ``(C) Additional use of technology.--A school, 
                school board, or other authority may also use a 
                technology covered by a certification under 
                subparagraph (B) to filter or block Internet access 
                through the computers concerned to any material in 
                addition to the material specified in that subparagraph 
                that the school, school board, or other authority 
                determines to be inappropriate for minors.
                    ``(D) Timing of certifications.--
                            ``(i) Schools with computers on effective 
                        date.--
                                    ``(I) In general.--Subject to 
                                subclause (II), in the case of any 
                                school covered by this paragraph as of 
                                the effective date of this paragraph 
                                under section 2(h) of the Childrens' 
                                Internet Protection Act, the 
                                certification under subparagraph (B) 
                                shall be made not later than 30 days 
                                after such effective date.
                                    ``(II) Delay.--A certification for 
                                a school covered by subclause (I) may 
                                be made at a date that is later than is 
                                otherwise required by that subclause if 
                                State or local procurement rules or 
                                regulations or competitive bidding 
                                requirements prevent the making of the 
                                certification on the date otherwise 
                                required by that subclause. A school, 
                                school board, or other authority with 
                                responsibility for administration of 
                                the school shall notify the Commission 
                                of the applicability of this subclause 
                                to the school. Such notice shall 
                                specify the date on which the 
                                certification with respect to the 
                                school shall be effective for purposes 
                                of this clause.
                            ``(ii) Schools acquiring computers after 
                        effective date.--In the case of any school that 
                        first becomes covered by this paragraph after 
                        such effective date, the certification under 
                        subparagraph (B) shall be made not later than 
                        10 days after the date on which the school 
                        first becomes so covered.
                            ``(iii) No requirement for additional 
                        certifications.--A school that has submitted a 
                        certification under subparagraph (B) shall not 
                        be required for purposes of this paragraph to 
                        submit an additional certification under that 
                        subparagraph with respect to any computers 
                        having Internet access that are acquired by the 
                        school after the submittal of the 
                        certification.
                    ``(E) Noncompliance.--
                            ``(i) Failure to submit certification.--Any 
                        school that knowingly fails to submit a 
                        certification required by this paragraph shall 
                        reimburse each telecommunications carrier that 
                        provided such school services at discount rates 
                        under paragraph (1)(B) after the effective date 
                        of this paragraph under section 2(h) of the 
                        Childrens' Internet Protection Act in an amount 
                        equal to the amount of the discount provided 
                        such school by such carrier for such services 

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