H. R. 4274

"Child protection Act"

IN THE HOUSE OF REPRESENTATIVES

Mr. Istook introduced the following bill:

 

A BILL

To require public schools and libraries that receive Federal funds for the acquisition or operation of computers to install software to protect children from obscenity.

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

SECTION I. SHORT TITLE.

This Act may be cited as the "Child Protection Act of 1998"

SEC.2 COMPUTER SOFTWARE REQUIRED.

 (a) INSTALLATION REQUIRED.- Any elementary or secondary school or public library that has received under any program or activity of any Federal agency any funds for the acquisition or operation of any computer that is accessible to minors and that has access to the Internet shall-

(1) Install software on that computer that is determined (in accordance with subsection (b)) to be adequately designed to prevent minors from obtaining access to any obscene information using that computer; and

(2) Ensure that such software is operational whenever that computer is used by minors, except that such software’s operation may be temporarily interrupted to permit a minor to have access to information that is not obscene or otherwise unprotected by the Constitution under the direct supervision of an adult designated by such school or library.

(b)DETERMINATION OF ADEQUATE DESIGN.- For any elementary or secondary school or public library within the jurisdiction of any State, the determinations required for purposes of subsection (a)(1) shall be made by an agency or official designated by the chief executive officer of such State. For any elementary or secondary school or public library that is not within the jurisdiction of any State, the determinations required for purposes of subsection (a) (1) shall be made by the Secretary of Education.

(c) CONSEQUENCES OF VIOLATIONS

(1) USE OF GENERAL EDUCATION PROVISIONS

ACT REMEDIES- Whenever the head of any Federal agency has reason to believe that any recipient of funds under any program or activity is failing to comply substantially with the requirements of subsection (a), the head of such agency may-

  1. withhold further payments under that program or activity,

  2. issue a complaint to compel compliance through a cease or desist order, or

  3. enter into a compliance agreement with a recipient to bring it into compliance, in same manner as the Secretary of Education is authorized to take such actions under sections 455,456,and 457, respectively, of the General Education Provisions Act (20 U.S.C. 1234d).

(2) RECOVERY OF FUNDS PROHIBITED.- The actions authorized by paragraph (1) are the exclusive remedies available with respect to a violation of (a), and the head of any Federal agency shall not seek a recovery of funds from the recipient.

(d) DEFINITIONS.- For purposes of this section:

(1) ELEMENTARY OR SECONDARY SCHOOL.- The term "elementary or secondary school" means an elementary school or a secondary school as such terms are defined in section 14101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 8801).

(2) PUBLIC LIBRARY.- The term "public library’ means has the meaning given term "library" by section 213 of the Library Services and Technology Act (20 U.S.C. 9122)

(3) 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.

(4) 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.

(5) ACQUISITION OR OPERATION.- A elementary or secondary school or public library shall be considered to have received under a program or activity of any Federal agency any funds for the acquisition or operation of any computer if such funds are used in any manner, directly or indirectly-

(A) to purchase, lease, or otherwise acquire or obtain the use of such computer, or

(B) to obtain services, supplies, software, or other actions or materials to support, or in connection with, the operation of such computer.

 (6) FEDERAL AGENCY.- The term "Federal agency" has the meaning given the term ‘agency’ by section 551(1) of title 5, United States Code.

(7) STATE.- The term "State" means each of the 50 States, The District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam. American Samoa, The Commonwealth of the Northern Mariana Islands, the Republic of the Marshall Islands, the Federated States of Micronesia, and the Republic of Palau.