Child Protection Act of 1999 - Requires any elementary or secondary school or public library that has received Federal funds for the acquisition or operation of any computer that is accessible to minors and that has access to the Internet to: (1) install software on that computer adequately designed to prevent minors from obtaining access to any obscene information or child pornography; and (2) ensure that such software is operational whenever that computer is used by minors.
Allows temporary interruption of software operation to permit a minor, under the direct supervision of an adult designated by the school or library, to have access to information that is not obscene, is not child pornography, or is otherwise unprotected by the Constitution.
Requires determinations of adequate design to be made by an agency or official designated by the State Governor.
Authorizes Federal agency heads to respond to violations of this Act by seeking remedies, in the same manner as under the General Education Provisions Act, including withholding of further payments, issuing a complaint to compel compliance through a cease and desist order, or entering into a compliance agreement with the recipient of funds. Prohibits seeking recovery of funds from the recipient.
[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2560 Introduced in House (IH)]
106th CONGRESS
1st Session
H. R. 2560
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.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
July 20, 1999
Mr. Istook (for himself, Mr. Dickey, Mr. Franks of New Jersey, Mr.
Shows, Mr. Souder, and Mr. Terry) introduced the following bill; which
was referred to the Committee on Education and the Workforce
_______________________________________________________________________
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 1. SHORT TITLE.
This Act may be cited as the ``Child Protection Act of 1999''.
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 or child pornography 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, is not child
pornography, or is 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--
(A) withhold further payments under that program or
activity,
(B) issue a complaint to compel compliance through
a cease and desist order, or
(C) 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 subsection (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 the 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.
(8) Child pornography.--The term ``child pornography'' has
the meaning provided in section 2256(8) of title 18, United
States Code.
<all>
Introduced in House
Introduced in House
Sponsor introductory remarks on measure. (CR E1602-1603)
Referred to the House Committee on Education and the Workforce.
Referred to the Subcommittee on Early Childhood, Youth and Families.
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