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McCain-Istook-Santorum-Pickering Revised Final Internet Blocking Amendment
to the 2001 Labor-HHS-Education Appropriations Bill, H. R. 4577
TITLE XVII--CHILDREN'S INTERNET PROTECTION
SEC. 1701. SHORT TITLE.
This title may be cited as the ``Children's Internet Protection
Act''.
[[Page 114 STAT. 2763A-336]]
SEC. 1702. DISCLAIMERS.
(a) Disclaimer Regarding Content.--Nothing in this title or the
amendments made by this title shall be construed to prohibit a local
educational agency, elementary or secondary school, or library from
blocking access on the Internet on computers owned or operated by that
agency, school, or library to any content other than content covered by
this title or the amendments made by this title.
(b) Disclaimer Regarding Privacy.--Nothing in this title or the
amendments made by this title shall be construed to require the tracking
of Internet use by any identifiable minor or adult user.
SEC. 1703. STUDY OF TECHNOLOGY PROTECTION MEASURES.
(a) In General.--Not later than 18 months after the date of the
enactment of this Act, the National Telecommunications and Information
Administration shall initiate a notice and comment proceeding for
purposes of--
(1) evaluating whether or not currently available technology
protection measures, including commercial Internet blocking and
filtering software, adequately addresses the needs of
educational institutions;
(2) making recommendations on how to foster the development
of measures that meet such needs; and
(3) evaluating the development and effectiveness of local
Internet safety policies that are currently in operation after
community input.
(b) Definitions.--In this section:
(1) Technology protection measure.--The term ``technology
protection measure'' means a specific technology that blocks or
filters Internet access to visual depictions that are--
(A) obscene, as that term is defined in section 1460
of title 18, United States Code;
(B) child pornography, as that term is defined in
section 2256 of title 18, United States Code; or
(C) harmful to minors.
(2) Harmful to minors.--The term ``harmful to minors'' means
any picture, image, graphic image file, or other visual
depiction that--
(A) taken as a whole and with respect to minors,
appeals to a prurient interest in nudity, sex, or
excretion;
(B) 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, actual or simulated normal or perverted sexual
acts, or a lewd exhibition of the genitals; and
(C) taken as a whole, lacks serious literary,
artistic, political, or scientific value as to minors.
(3) 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.
[[Page 114 STAT. 2763A-337]]
Subtitle A--Federal Funding for Educational Institution Computers
SEC. 1711. LIMITATION ON AVAILABILITY OF CERTAIN FUNDS FOR SCHOOLS.
Title III of the Elementary and Secondary Education Act of 1965 (20
U.S.C. 6801 et seq.) is amended by adding at the end the following:
``PART F--LIMITATION ON AVAILABILITY OF CERTAIN FUNDS FOR SCHOOLS
``SEC. 3601. LIMITATION ON AVAILABILITY OF CERTAIN FUNDS FOR SCHOOLS.
``(a) Internet Safety.--
``(1) In general.--No funds made available under this title
to a local educational agency for an elementary or secondary
school that does not receive services at discount rates under
section 254(h)(5) of the Communications Act of 1934, as added by
section 1721 of Children's Internet Protection Act, may be used
to purchase computers used to access the Internet, or to pay for
direct costs associated with accessing the Internet, for such
school unless the school, school board, local educational
agency, or other authority with responsibility for
administration of such school both--
``(A)(i) has in place a policy of Internet safety
for minors that includes the operation of a technology
protection measure with respect to any of its computers
with Internet access that protects against access
through such computers to visual depictions that are--
``(I) obscene;
``(II) child pornography; or
``(III) harmful to minors; and
``(ii) is enforcing the operation of such technology
protection measure during any use of such computers by
minors; and
``(B)(i) has in place a policy of Internet safety
that includes the operation of a technology protection
measure with respect to any of its computers with
Internet access that protects against access through
such computers to visual depictions that are--
``(I) obscene; or
``(II) child pornography; and
``(ii) is enforcing the operation of such technology
protection measure during any use of such computers.
``(2) Timing and applicability of implementation.--
``(A) In general.--The local educational agency with
responsibility for a school covered by paragraph (1)
shall certify the compliance of such school with the
requirements of paragraph (1) as part of the application
process for the next program funding year under this Act
following the effective date of this section, and for
each subsequent program funding year thereafter.
``(B) Process.--
[[Page 114 STAT. 2763A-338]]
``(i) Schools with internet safety policies
and technology protection measures in place.--A
local educational agency with responsibility for a
school covered by paragraph (1) that has in place
an Internet safety policy meeting the requirements
of paragraph (1) shall certify its compliance with
paragraph (1) during each annual program
application cycle under this Act.
``(ii) Schools without internet safety
policies and technology protection measures in
place.--A local educational agency with
responsibility for a school covered by paragraph
(1) that does not have in place an Internet safety
policy meeting the requirements of paragraph (1)--
``(I) for the first program year
after the effective date of this section
in which the local educational agency is
applying for funds for such school under
this Act, shall certify that it is
undertaking such actions, including any
necessary procurement procedures, to put
in place an Internet safety policy that
meets such requirements; and
``(II) for the second program year
after the effective date of this section
in which the local educational agency is
applying for funds for such school under
this Act, shall certify that such school
is in compliance with such requirements.
Any school covered by paragraph (1) for which the
local educational agency concerned is unable to
certify compliance with such requirements in such
second program year shall be ineligible for all
funding under this title for such second program
year and all subsequent program years until such
time as such school comes into compliance with
such requirements.
``(iii) Waivers.--Any school subject to a
certification under clause (ii)(II) for which the
local educational agency concerned cannot make the
certification otherwise required by that clause
may seek a
waiver of that clause if State or local procurement rules or regulations
or competitive bidding requirements prevent the making of the
certification otherwise required by that clause. The local educational
agency concerned shall notify the Secretary of the applicability of that
clause to the school. Such notice shall certify that the school will be
brought into compliance with the requirements in paragraph (1) before
the start of the third program year after the effective date of this
section in which the school is applying for funds under this title.
``(3) Disabling during certain use.--An administrator,
supervisor, or person authorized by the responsible authority
under paragraph (1) may disable the technology protection
measure concerned to enable access for bona fide research or
other lawful purposes.
``(4) Noncompliance.--
``(A) Use of general education provisions act
remedies.--Whenever the Secretary has reason to believe
that
[[Page 114 STAT. 2763A-339]]
any recipient of funds under this title is failing to
comply substantially with the requirements of this
subsection, the Secretary may--
``(i) withhold further payments to the
recipient under this title,
``(ii) issue a complaint to compel compliance
of the recipient through a cease and desist order,
or
``(iii) enter into a compliance agreement with
a recipient to bring it into compliance with such
requirements,
in same manner as the Secretary is authorized to take
such actions under sections 455, 456, and 457,
respectively, of the General Education Provisions Act
(20 U.S.C. 1234d).
``(B) Recovery of funds prohibited.--The actions
authorized by subparagraph (A) are the exclusive
remedies available with respect to the failure of a
school to comply substantially with a provision of this
subsection, and the Secretary shall not seek a recovery
of funds from the recipient for such failure.
``(C) Recommencement of payments.--Whenever the
Secretary determines (whether by certification or other
appropriate evidence) that a recipient of funds who is
subject to the withholding of payments under
subparagraph (A)(i) has cured the failure providing the
basis for the withholding of payments, the Secretary
shall cease the withholding of payments to the recipient
under that subparagraph.
``(5) Definitions.--In this section:
``(A) Computer.--The term `computer' includes any
hardware, software, or other technology attached or
connected to, installed in, or otherwise used in
connection with a computer.
``(B) 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.
``(C) Acquisition or operation.--A elementary or
secondary school shall be considered to have received
funds under this title for the acquisition or operation
of any computer if such funds are used in any manner,
directly or indirectly--
``(i) to purchase, lease, or otherwise acquire
or obtain the use of such computer; or
``(ii) to obtain services, supplies, software,
or other actions or materials to support, or in
connection with, the operation of such computer.
``(D) Minor.--The term `minor' means an individual
who has not attained the age of 17.
``(E) Child pornography.--The term `child
pornography' has the meaning given such term in section
2256 of title 18, United States Code.
``(F) Harmful to minors.--The term `harmful to
minors' means any picture, image, graphic image file, or
other visual depiction that--
``(i) taken as a whole and with respect to
minors, appeals to a prurient interest in nudity,
sex, or excretion;
[[Page 114 STAT. 2763A-340]]
``(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, actual or simulated normal
or perverted sexual acts, or a lewd exhibition of
the genitals; and
``(iii) taken as a whole, lacks serious
literary, artistic, political, or scientific value
as to minors.
``(G) Obscene.--The term `obscene' has the meaning
given such term in section 1460 of title 18, United
States Code.
``(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.
``(b) Effective Date.--This section shall take effect 120 days after
the date of the enactment of the Children's Internet Protection Act.
``(c) Separability.--If any provision of this section is held
invalid, the remainder of this section shall not be affected thereby.''.
SEC. 1712. LIMITATION ON AVAILABILITY OF CERTAIN FUNDS FOR LIBRARIES.
(a) Amendment.--Section 224 of the Museum and Library Services Act
(20 U.S.C. 9134(b)) is amended--
(1) in subsection (b)--
(A) by redesignating paragraph (6) as paragraph (7);
and
(B) by inserting after paragraph (5) the following
new paragraph:
``(6) provide assurances that the State will comply with
subsection (f ); and''; and
(2) by adding at the end the following new subsection:
``(f ) Internet Safety.--
``(1) In general.--No funds made available under this Act
for a library described in section 213(2)(A) or (B) that does
not receive services at discount rates under section 254(h)(6)
of the Communications Act of 1934, as added by section 1721 of
this Children's Internet Protection Act, may be used to purchase
computers used to access the Internet, or to pay for direct
costs associated with accessing the Internet, for such library
unless--
``(A) such library--
``(i) has in place a policy of Internet safety
for minors that includes the operation of a
technology protection measure with respect to any
of its computers with Internet access that
protects against access through such computers to
visual depictions that are--
``(I) obscene;
``(II) child pornography; or
``(III) harmful to minors; and
``(ii) is enforcing the operation of such
technology protection measure during any use of
such computers by minors; and
``(B) such library--
``(i) has in place a policy of Internet safety
that includes the operation of a technology
protection measure with respect to any of its
computers with Internet
[[Page 114 STAT. 2763A-341]]
access that protects against access through such
computers to visual depictions that are--
``(I) obscene; or
``(II) child pornography; and
``(ii) is enforcing the operation of such
technology protection measure during any use of
such computers.
``(2) Access to other materials.--Nothing in this subsection
shall be construed to prohibit a library from limiting Internet
access to or otherwise protecting against materials other than
those referred to in subclauses (I), (II), and (III) of
paragraph (1)(A)(i).
``(3) Disabling during certain use.--An administrator,
supervisor, or other authority may disable a technology
protection measure under paragraph (1) to enable access for bona
fide research or other lawful purposes.
``(4) Timing and applicability of implementation.--
``(A) In general.--A library covered by paragraph
(1) shall certify the compliance of such library with
the requirements of paragraph (1) as part of the
application process for the next program funding year
under this Act following the effective date of this
subsection, and for each subsequent program funding year
thereafter.
``(B) Process.--
``(i) Libraries with internet safety policies
and technology protection measures in place.--A
library covered by paragraph (1) that has in place
an Internet safety policy meeting the requirements
of paragraph (1) shall certify its compliance with
paragraph (1) during each annual program
application cycle under this Act.
``(ii) Libraries without internet safety
policies and technology protection measures in
place.--A library covered by paragraph (1) that
does not have in place an Internet safety policy
meeting the requirements of paragraph (1)--
``(I) for the first program year
after the effective date of this
subsection in which the library applies
for funds under this Act, shall certify
that it is undertaking such actions,
including any necessary procurement
procedures, to put in place an Internet
safety policy that meets such
requirements; and
``(II) for the second program year
after the effective date of this
subsection in which the library applies
for funds under this Act, shall certify
that such library is in compliance with
such requirements.
Any library covered by paragraph (1) that is
unable to certify compliance with such
requirements in such second program year shall be
ineligible for all funding under this Act for such
second program year and all
subsequent program years until such time as such library comes into
compliance with such requirements.
``(iii) Waivers.--Any library subject to a
certification under clause (ii)(II) that cannot
make the certification otherwise required by that
clause may seek a waiver of that clause if State
or local procurement
[[Page 114 STAT. 2763A-342]]
rules or regulations or competitive bidding
requirements prevent the making of the
certification otherwise required by that clause.
The library shall notify the Director of the
Institute of Museum and Library Services of the
applicability of that clause to the library. Such
notice shall certify that the library will comply
with the requirements in paragraph (1) before the
start of the third program year after the
effective date of this subsection for which the
library is applying for funds under this Act.
``(5) Noncompliance.--
``(A) Use of general education provisions act
remedies.--Whenever the Director of the Institute of
Museum and Library Services has reason to believe that
any recipient of funds this Act is failing to comply
substantially with the requirements of this subsection,
the Director may--
``(i) withhold further payments to the
recipient under this Act,
``(ii) issue a complaint to compel compliance
of the recipient through a cease and desist order,
or
``(iii) enter into a compliance agreement with
a recipient to bring it into compliance with such
requirements.
``(B) Recovery of funds prohibited.--The actions
authorized by subparagraph (A) are the exclusive
remedies available with respect to the failure of a
library to comply substantially with a provision of this
subsection, and the Director shall not seek a recovery
of funds from the recipient for such failure.
``(C) Recommencement of payments.--Whenever the
Director determines (whether by certification or other
appropriate evidence) that a recipient of funds who is
subject to the withholding of payments under
subparagraph (A)(i) has cured the failure providing the
basis for the withholding of payments, the Director
shall cease the withholding of payments to the recipient
under that subparagraph.
``(6) Separability.--If any provision of this subsection is
held invalid, the remainder of this subsection shall not be
affected thereby.
``(7) Definitions.--In this section:
``(A) Child pornography.--The term `child
pornography' has the meaning given such term in section
2256 of title 18, United States Code.
``(B) Harmful to minors.--The term `harmful to
minors' means any picture, image, graphic image file, or
other visual depiction that--
``(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, actual or simulated normal
or perverted sexual acts, or a lewd exhibition of
the genitals; and
[[Page 114 STAT. 2763A-343]]
``(iii) taken as a whole, lacks serious
literary, artistic, political, or scientific value
as to minors.
``(C) Minor.--The term `minor' means an individual
who has not attained the age of 17.
``(D) Obscene.--The term `obscene' has the meaning
given such term in section 1460 of title 18, United
States Code.
``(E) 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.''.
(b) Effective Date.--The amendment made by this section shall take
effect 120 days after the date of the enactment of this Act.
Subtitle B--Universal Service Discounts
SEC. 1721. REQUIREMENT FOR SCHOOLS AND LIBRARIES TO ENFORCE INTERNET
SAFETY POLICIES WITH TECHNOLOGY PROTECTION MEASURES 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 safety.--
``(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, local
educational agency, or other authority with
responsibility for administration of the school--
``(I) submits to the Commission the
certifications described in
subparagraphs (B) and (C);
``(II) submits to the Commission a
certification that an Internet safety
policy has been adopted and implemented
for the school under subsection (l); and
``(III) ensures the use of such
computers in accordance with the
certifications.
``(ii) Applicability.--The prohibition in
clause (i) 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.
``(iii) Public notice; hearing.--An elementary
or secondary school described in clause (i), or
the school board, local educational agency, or
other authority with responsibility for
administration of the school, shall provide
reasonable public notice and hold at least one
public hearing or meeting to address the proposed
Internet safety policy. In the case of an
elementary
[[Page 114 STAT. 2763A-344]]
or secondary school other than an elementary or
secondary school as defined in section 14101 of
the Elementary and Secondary Education Act of 1965
(20 U.S.C. 8801), the notice and hearing required
by this clause may be limited to those members of
the public with a relationship to the school.
``(B) Certification with respect to minors.--A
certification under this subparagraph is a certification
that the school, school board, local educational agency,
or other authority with responsibility for
administration of the school--
``(i) is enforcing a policy of Internet safety
for minors that includes monitoring the online
activities of minors and the operation of a
technology protection measure with respect to any
of its computers with Internet access that
protects against access through such computers to
visual depictions that are--
``(I) obscene;
``(II) child pornography; or
``(III) harmful to minors; and
``(ii) is enforcing the operation of such
technology protection measure during any use of
such computers by minors.
``(C) Certification with respect to adults.--A
certification under this paragraph is a certification
that the school, school board, local educational agency,
or other authority with responsibility for
administration of the school--
``(i) is enforcing a policy of Internet safety
that includes the operation of a technology
protection measure with respect to any of its
computers with Internet access that protects
against access through such computers to visual
depictions that are--
``(I) obscene; or
``(II) child pornography; and
``(ii) is enforcing the operation of such
technology protection measure during any use of
such computers.
``(D) Disabling during adult use.--An administrator,
supervisor, or other person authorized by the certifying
authority under subparagraph (A)(i) may disable the
technology protection measure concerned, during use by
an adult, to enable access for bona fide research or
other lawful purpose.
``(E) Timing of implementation.--
``(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
1721(h) of the Children's Internet Protection Act, the certification
under subparagraphs (B) and (C) shall be made--
``(I) with respect to the first
program funding year under this
subsection following such effective
date, not later than 120 days after the
beginning of such program funding year;
and
``(II) with respect to any
subsequent program funding year, as part
of the application process for such
program funding year.
[[Page 114 STAT. 2763A-345]]
``(ii) Process.--
``(I) Schools with internet safety
policy and technology protection
measures in place.--A school covered by
clause (i) that has in place an Internet
safety policy and technology protection
measures meeting the requirements
necessary for certification under
subparagraphs (B) and (C) shall certify
its compliance with subparagraphs (B)
and (C) during each annual program
application cycle under this subsection,
except that with respect to the first
program funding year after the effective
date of this paragraph under section
1721(h) of the Children's Internet
Protection Act, the certifications shall
be made not later than 120 days after
the beginning of such first program
funding year.
``(II) Schools without internet
safety policy and technology protection
measures in place.--A school covered by
clause (i) that does not have in place
an Internet safety policy and technology
protection measures meeting the
requirements necessary for certification
under subparagraphs (B) and (C)--
``(aa) for the first program
year after the effective date of
this subsection in which it is
applying for funds under this
subsection, shall certify that
it is undertaking such actions,
including any necessary
procurement procedures, to put
in place an Internet safety
policy and technology protection
measures meeting the
requirements necessary for
certification under
subparagraphs (B) and (C); and
``(bb) for the second
program 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
subparagraphs (B) and (C).
Any school that is unable to certify
compliance with such requirements in
such second program year shall be
ineligible for services at discount
rates or funding in lieu of services at
such rates under this subsection for
such second year and all subsequent
program 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 subparagraphs (B) and
(C) in such second year program 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 applicability of such
subclause to the school. Such notice
shall certify that
[[Page 114 STAT. 2763A-346]]
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.
``(F) Noncompliance.--
``(i) Failure to submit certification.--Any
school that knowingly fails
to comply with the application guidelines regarding the annual
submission of certification required by this paragraph shall not be
eligible for services at discount rates or funding in lieu of services
at such rates under this subsection.
``(ii) Failure to comply with certification.--
Any school that knowingly fails to ensure the use
of its computers in accordance with a
certification under subparagraphs (B) and (C)
shall reimburse any funds and discounts received
under this subsection for the period covered by
such certification.
``(iii) Remedy of noncompliance.--
``(I) Failure to submit.--A school
that has failed to submit a
certification under clause (i) may
remedy the failure by submitting the
certification to which the failure
relates. Upon submittal of such
certification, the school shall be
eligible for services at discount rates
under this subsection.
``(II) Failure to comply.--A school
that has failed to comply with a
certification as described in clause
(ii) may remedy the failure by ensuring
the use of its computers in accordance
with such certification. Upon submittal
to the Commission of a certification or
other appropriate evidence of such
remedy, the school shall be eligible for
services at discount rates under this
subsection.''.
(b) Libraries.--Such section 254(h) is further amended by inserting
after paragraph (5), as amended by subsection (a) of this section, the
following new paragraph:
``(6) Requirements for certain libraries with computers
having internet access.--
``(A) Internet safety.--
``(i) In general.--Except as provided in
clause (ii), a library having one or more
computers with Internet access may not receive
services at discount rates under paragraph (1)(B)
unless the library--
``(I) submits to the Commission the
certifications described in
subparagraphs (B) and (C); and
``(II) submits to the Commission a
certification that an Internet safety
policy has been adopted and implemented
for the library under subsection (l);
and
``(III) ensures the use of such
computers in accordance with the
certifications.
``(ii) Applicability.--The prohibition in
clause (i) 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 internal connections.
[[Page 114 STAT. 2763A-347]]
``(iii) Public notice; hearing.--A library
described in clause (i) shall provide reasonable
public notice and hold at least one public hearing
or meeting to address the proposed Internet safety
policy.
``(B) Certification with respect to minors.--A
certification under this subparagraph is a certification
that the library--
``(i) is enforcing a policy of Internet safety
that includes the operation of a technology
protection measure with respect to any of its
computers with Internet access that protects
against access through such computers to visual
depictions that are--
``(I) obscene;
``(II) child pornography; or
``(III) harmful to minors; and
``(ii) is enforcing the operation of such
technology protection measure during any use of
such computers by minors.
``(C) Certification with respect to adults.--A
certification under this paragraph is a certification
that the library--
``(i) is enforcing a policy of Internet safety
that includes the operation of a technology
protection measure with respect to any of its
computers with Internet access that protects
against access through
such computers to visual depictions that are--
``(I) obscene; or
``(II) child pornography; and
``(ii) is enforcing the operation of such
technology protection measure during any use of
such computers.
``(D) Disabling during adult use.--An administrator,
supervisor, or other person authorized by the certifying
authority under subparagraph (A)(i) may disable the
technology protection measure concerned, during use by
an adult, to enable access for bona fide research or
other lawful purpose.
``(E) 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 1721(h) of the Children's Internet
Protection Act, the certification under
subparagraphs (B) and (C) shall be made--
``(I) with respect to the first
program funding year under this
subsection following such effective
date, not later than 120 days after the
beginning of such program funding year;
and
``(II) with respect to any
subsequent program funding year, as part
of the application process for such
program funding year.
``(ii) Process.--
``(I) Libraries with internet safety
policy and technology protection
measures in place.--A library covered by
clause (i) that has in place an Internet
safety policy and technology protection
measures meeting the requirements
necessary for certification under
subparagraphs (B)
[[Page 114 STAT. 2763A-348]]
and (C) shall certify its compliance
with subparagraphs (B) and (C) during
each annual program application cycle
under this subsection, except that with
respect to the first program funding
year after the effective date of this
paragraph under section 1721(h) of the
Children's Internet Protection Act, the
certifications shall be made not later
than 120 days after the beginning of
such first program funding year.
``(II) Libraries without internet
safety policy and technology protection
measures in place.--A library covered by
clause (i) that does not have in place
an Internet safety policy and technology
protection measures meeting the
requirements necessary for certification
under subparagraphs (B) and (C)--
``(aa) for the first program
year after the effective date of
this subsection in which it is
applying for funds under this
subsection, shall certify that
it is undertaking such actions,
including any necessary
procurement procedures, to put
in place an Internet safety
policy and technology protection
measures meeting the
requirements necessary for
certification under
subparagraphs (B) and (C); and
``(bb) for the second
program 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
subparagraphs (B) and (C).
Any library that is unable to certify
compliance with such requirements in
such second program year shall be
ineligible for services at discount
rates or funding in lieu of services at
such rates under this subsection for
such second year and all subsequent
program 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 subparagraphs
(B) and (C) in such second year 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.
``(F) Noncompliance.--
[[Page 114 STAT. 2763A-349]]
``(i) Failure to submit certification.--Any
library that knowingly fails to comply with the
application guidelines regarding the annual
submission of certification required by this
paragraph shall not be eligible for services at
discount rates or funding in lieu of services at
such rates under this subsection.
``(ii) Failure to comply with certification.--
Any library that knowingly fails to ensure the use
of its computers in accordance with a
certification under subparagraphs (B) and (C)
shall reimburse all funds and discounts received
under this subsection for the period covered by
such certification.
``(iii) Remedy of noncompliance.--
``(I) Failure to submit.--A library
that has failed to submit a
certification under clause (i) may
remedy the failure by submitting the
certification to which the failure
relates. Upon submittal of such
certification, the library shall be
eligible for services at discount rates
under this subsection.
``(II) Failure to comply.--A library
that has failed to comply with a
certification as described in clause
(ii) may remedy the failure by ensuring
the use of its computers in accordance
with such certification. Upon submittal
to the Commission of a certification or
other appropriate evidence of such
remedy, the library shall be eligible
for services at discount rates under
this subsection.''.
(c) Definitions.--Paragraph (7) of such section, as redesignated by
subsection (a)(1) of this section, is amended by adding at the end the
following:
``(D) Minor.--The term `minor' means any individual
who has not attained the age of 17 years.
``(E) Obscene.--The term `obscene' has the meaning
given such term in section 1460 of title 18, United
States Code.
``(F) Child pornography.--The term `child
pornography' has the meaning given such term in section
2256 of title 18, United States Code.
``(G) Harmful to minors.--The term `harmful to
minors' means any picture, image, graphic image file, or
other visual depiction that--
``(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, actual or simulated normal
or perverted sexual acts, or a lewd exhibition of
the genitals; and
``(iii) taken as a whole, lacks serious
literary, artistic, political, or scientific value
as to minors.
``(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.
``(I) Technology protection measure.--The term
`technology protection measure' means a specific
technology that blocks or filters Internet access to the
material covered
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by a certification under paragraph (5) or (6) to which
such certification relates.''.
(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 Communications Commission
shall prescribe regulations for purposes 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 regulations 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 Certain Funds for Acquisition of Technology
Protection Measures.--
(1) In general.--Notwithstanding any other provision of law,
funds available under section 3134 or part A of title VI of the
Elementary and Secondary Education Act of 1965, or under section
231 of the Library Services and Technology Act, may be used for
the purchase or acquisition of technology protection measures
that are necessary to meet the requirements of this title and
the amendments made by this title. No other sources of funds for
the purchase or acquisition of such measures are authorized by
this title, or the amendments made by this title.
(2) Technology protection measure defined.--In this section,
the term ``technology protection measure'' has the meaning given
that term in section 1703.
(h) Effective Date.--The amendments made by this section shall take
effect 120 days after the date of the enactment of this Act.
Subtitle C--Neighborhood Children's Internet Protection
SEC. 1731. SHORT TITLE.
This subtitle may be cited as the ``Neighborhood Children's Internet
Protection Act''.
SEC. 1732. INTERNET SAFETY POLICY REQUIRED.
Section 254 of the Communications Act of 1934 (47 U.S.C. 254) is
amended by adding at the end the following:
``(l) Internet Safety Policy Requirement for Schools and
Libraries.--
``(1) In general.--In carrying out its responsibilities
under subsection (h), each school or library to which subsection
(h) applies shall--
``(A) adopt and implement an Internet safety policy
that addresses--
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``(i) access by minors to inappropriate matter
on the Internet and World Wide Web;
``(ii) the safety and security of minors when
using electronic mail, chat rooms, and other forms
of direct electronic communications;
``(iii) unauthorized access, including so-
called `hacking', and other unlawful activities by
minors online;
``(iv) unauthorized disclosure, use, and
dissemination of personal identification
information regarding minors; and
``(v) measures designed to restrict minors'
access to materials harmful to minors; and
``(B) provide reasonable public notice and hold at
least one public hearing or meeting to address the
proposed Internet safety policy.
``(2) Local determination of content.--A determination
regarding what matter is inappropriate for minors shall be made
by the school board, local educational agency, library, or other
authority responsible for making the determination. No agency or
instrumentality of the United States Government may--
``(A) establish criteria for making such
determination;
``(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
administration of subsection (h)(1)(B).
``(3) Availability for review.--Each Internet safety policy
adopted under this subsection shall be made available to the
Commission, upon request of the Commission, by the school,
school board, local educational agency, library, or other
authority responsible for adopting such Internet safety policy
for purposes of the review of such Internet safety policy by the
Commission.
``(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 Children's
Internet Protection Act.''.
SEC. 1733. IMPLEMENTING REGULATIONS.
Not later than 120 days after the date of enactment of this Act, the
Federal Communications Commission shall prescribe regulations for
purposes of section 254(l) of the Communications Act of 1934, as added
by section 1732 of this Act.
Subtitle D--Expedited Review
SEC. 1741. EXPEDITED REVIEW.
(a) Three-Judge District Court Hearing.--Notwithstanding any other
provision of law, any civil action challenging the constitutionality, on
its face, of this title or any amendment made by this title, or any
provision thereof, shall be heard by a district
[[Page 114 STAT. 2763A-352]]
court of three judges convened pursuant to the provisions of section
2284 of title 28, United States Code.
(b) Appellate Review.--Notwithstanding any other provision of law,
an interlocutory or final judgment, decree, or order of the court of
three judges in an action under subsection (a) holding this title or an
amendment made by this title, or any provision thereof, unconstitutional
shall be reviewable as a matter of right by direct appeal to the Supreme
Court. Any such appeal shall be filed not more than 20 days after entry
of such judgment, decree, or order.
This Act may be cited as the ``Miscellaneous Appropriations Act,
2001''.
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