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

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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 electronic mail in an anonymous manner.

   Be it enacted by the Senate and House of Representatives 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 Communications Act of 1934 (47 U.S.C. 254(h)(5)) is amended--

(1) in subparagraph (A)--

(A) in the subparagraph heading, by inserting '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 regarding 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 address the proposed policy of regarding anonymous Internet connection';

(2) by redesignating subparagraphs (D), (E), and (F) as subparagraphs (E), (F), and (H), respectively;

(3) by inserting after subparagraph (C) the following new subparagraph:

'(D) CERTIFICATION REGARDING BLOCKING ONLINE PRIVACY SERVICES- 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 regarding anonymous Internet connection that includes the operation of a technology protection measure with respect to any of its computers with Internet access that prevents use of such computers to access an online privacy service that enables a user--

'(I) to send electronic mail anonymously; 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 certification under subparagraph (D) 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) SCHOOLS WITH POLICY AND TECHNOLOGY PROTECTION MEASURES IN PLACE FOR PREVENTING ANONYMOUS INTERNET ACCESS- A school covered by clause (i) that has in place a policy regarding anonymous Internet connection and technology protection measures that meet the requirements necessary for certification under subparagraph (D) shall certify its compliance with subparagraph (D) 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 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 MEASURES 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 applying for funds under this subsection, shall certify that it is undertaking such actions, including any necessary procurement procedures, to put in place a policy and technology protection measures meeting the requirements necessary for certification under subparagraph (D); 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 subparagraph (D).

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 subparagraph (D) 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 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 'subparagraph (B), (C), or (D)'.

(b) LIBRARIES- Section 254(h)(6) of the Communications Act of 1934 (47 U.S.C. 254(h)(6)) is amended--

(1) in subparagraph (A)--

(A) in the subparagraph heading, by inserting '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 address the proposed policy regarding anonymous Internet connection';

(2) by redesignating subparagraphs (D), (E), and (F) as subparagraphs (E), (F), and (H), respectively;

(3) by inserting after subparagraph (C) the following new subparagraph:

'(D) CERTIFICATION REGARDING BLOCKING ONLINE PRIVACY SERVICES- A certification under this subparagraph is a certification that the library--

'(i) is enforcing a policy regarding anonymous Internet connection that includes the operation of a technology protection measure with respect to any of its computers with Internet access that prevents use of such computers to access an online privacy service that enables a user--

'(I) to send electronic mail anonymously; 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 certification under subparagraph (D) 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 POLICY AND TECHNOLOGY PROTECTION MEASURES 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 requirements necessary for certification under subparagraph (D) shall certify its compliance with subparagraph (D) 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 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 POLICY AND TECHNOLOGY PROTECTION MEASURES IN PLACE FOR PREVENTING ANONYMOUS INTERNET ACCESS- A library 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 applying for funds under this subsection, shall certify that it is undertaking such actions, including any necessary procurement procedures, to put in place a policy and technology protection measures meeting the requirements necessary for certification under subparagraph (D); 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 subparagraph (D).

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 subparagraph (D) 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 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 'subparagraph (B), (C), or (D)'.

(c) DEFINITIONS- Section 254(h)(7) of the Communications 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 'anonymously' means--

'(i) with respect to sending of electronic mail, in a manner that prevents--

'(I) anyone receiving such mail from accessing the electronic mail address 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 prevents 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 ACCESS-

'(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 a policy regarding 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 access to any online privacy service that enables a user--

'(I) to send electronic mail anonymously; 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 anonymous Internet access.

'(2) LOCAL DETERMINATION OF ONLINE PRIVACY SERVICE- A determination regarding what is inappropriate anonymous access to the Internet and the World Wide Web or what is inappropriate sending of electronic mail anonymously 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 policy regarding anonymous Internet access 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 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.

END