Summary of Filtering Bills
in the 106th Congress

This page summarizes the following bills:

• HR 368, 543, and 896, the Children's Internet Protection Act (Franks).
• S 97, the Children's Internet Protection Act (McCain-Hollings).
• HR 2560, the Children's Protection Act (Istook).
• S 1545, the Neighborhood Children's Internet Protection Act (Santorum).
• HR 4600, Children's Internet Protection Act (Pickering).

HR 896, the Children's Internet Protection Act.

Sponsor. Rep. Bob Franks (R-NJ). Cosponsors. Chip Pickering (R-MS), Michael Oxley (R-OH),  Ronnie Shows (D-MS), Robert Alderholt (R-AL), Richard Burr (R-NC), Sherwood Boehlert (R-NY), Roscoe Bartlett (R-MD), Phil English (R-PA), James Greenwood (R-PA), John LaFalce (D-NY), Frank LoBiondo (R-NJ), Bob Barr (R-GA), Ken Lucas (D-KY), Sue Kelly (R-NY), Roger Wicker (R-MS), Bob Goodlatte (R-VA), Ernest Istook (R-OK), John Duncan (R-TN), Jim DeMint, Jim Nussle, Pete Sessions (R-TX), Peter King, Charles Stenholm, Bob Schaffer, Doc Hastings.

(Also, Bobby Rush (D-IL) and Gary Miller (R-CA) are co-sponsors of HR 543, but not HR 896.)

Summary. This bill has gone through three versions so far in the 106th Congress. HR 368 IH and HR 543 IH are earlier drafts of HR 896 IH.

This bill would require that schools receiving e-rate subsidies use filtering software to protect child from Internet pornography. This bill would add a news subsection to Section 254 of the Communications Act of 1934 (47 U.S.C. 254), which is the statute upon which the FCC's schools and libraries program is based. This program, which is more commonly known as the "e-rate" and the "Gore tax", subsidizes computer networking, Internet access, and telephone service for schools and libraries.

The key language of the original bill, HR 896 IH, provided that:

"To be eligible to receive universal service assistance ... 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 (A) selected a technology for computers with Internet access to filter or block material deemed to be harmful to minors; and (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."

However, this was changed substantially in the version approved by the House on June 15. The new language reads, in relevant part:

"To be eligible to receive universal service assistance ... an elementary or secondary school shall certify to the Commission that it has (A) selected a technology for computers with Internet access to filter or block (i) child pornographic materials ... (ii) obscene materials ... and (iii) during use by minors, materials deemed to be harmful to minors ... and (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."

Schools and libraries which do not make the appropriate certification to the FCC are not eligible to receive "e-rate" subsidies. The Federal Communications Commission would be given rule making authority.

This bill is stronger than the similar bills sponsored by Sen. McCain and Rep. Franks in the 105th Congress. This bill adds the requirement that the school or library "uses or will use" the filtering software. Opponents of the filtering software bills in the 105th Congress argued that the absence of this language created the loophole of obtaining filtering software, but never using it.

On June 15, 1999 the House adopted an amendment by voice vote which  that provides that the filter is for Internet access during use by  minors.

Status. No action has been taken.

Legislative History with Links to Related Materials.

• 1/19/99. HR 368 IH introduced in the House.
• 2/3/99. HR 543 IH introduced in House.
• 3/2/99. HR 896 IH introduced in the House.
• 3/2/99. HR 896 referred to the House Commerce Committee.
• 3/2/99. Rep. Bob Franks and supporters held a press conference. See also,
  • Statement of Rep. Franks.
  • Tech Law Journal story.
• 3/11/99. HR 896 referred to the Subcommittee on Telecommunications.
• 4/8/99. Larry Irving (NTIA) urged the FCC to require e-rate subsidy recipients to adopt a use policy. See also:
  • NTIA Press Release.
  • Tech Law Journal story.
• 6/15/99. The House adopted an amendment to its juvenile justice bill that contains an amended version of HR 896.
• 6/17/99. The House approved the juvenile justice bill.

S 97, the Children's Internet Protection Act.

Sponsor. Sen. John McCain (R-AZ). Cosponsor. Ernest Hollings (D-SC), Conrad Burns (R-MT), Spencer Abraham (R-MI), Ted Stevens (R-AK), Kay Hutchison (R-TX), Kit Bond (R-MO), and Jesse Helms (R-NC).

Summary. S 97 IS and HR 896 IH were companion bills which contained the same language. However, the version approved by the Senate Commerce Committee, S 97 RS, on June 23, and the version adopted by the House on June 15, differ.

The key language of the version approved by the Senate Commerce Committee, S 97 RS, on June 23 provides that:

"an elementary or secondary school having computers with Internet access may not receive services at discount rates ... unless ... [it] (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."

Status. S 97 IS was introduced on January 19, 1999. No action has been taken.

Legislative History with Links to Related Materials.

• 1/19/99. S 97 IS introduced in the Senate. See, Statement by Sen. McCain.
• 1/19/99. S 97 referred to the Senate Commerce Committee.
• 3/4/99. The Senate Commerce Committee held a hearing. See also the following materials in PDF in the Commerce Committee web site:
  • Opening Statement of Sen. McCain
  • Statement of Mary Anne Layden (Psychiatry Dept., Univ. of Penn.)
  • Statement Candice Morgan (Fort Vancouver Regional Library)
  • Statement Gordon Ross (Net Nanny)
  • Statement Bruce Taylor (National Law Center for Children and Families)
  • Statement Jay Sekulow (American Center for Law and Justice)
  • Statement Elliot Mincberg (People for the American Way)
  • Statement Adrian Russell-Falla (Rulesspace)
• 4/8/99. Larry Irving (NTIA) urged the FCC to require e-rate subsidy recipients to adopt a use policy. See also:
  • NTIA Press Release.
  • Tech Law Journal story.
• 5/20/99. Hearing before Senate Commerce Committee.
• 6/23/99. The Commerce Committee ordered S 97 to be reported with an amendment in the nature of a substitute.
  • Substitute bill.
  • Tech Law Journal story.
• 6/27/00. The Senate attached an amendment based on this bill to HR 4577, the Labor Appropriations bill. (The Senate also attached an amendment offered by Sen. Santorum based on S 1545).

HR 2560, the Child Protection Act.

Sponsor. Rep. Ernest Istook (R-OK). Original cosponsors. Jay Dickey (R-AZ), Bob Franks (R-NJ), Ronnie Shows (D-MS), Mark Souder (R-IN), Lee Terry (R-NE).

Summary. HR 2560 IH requires schools and libraries receiving federal funds to acquire computers to use filtering software. Like the Children's Internet Protection Act, see above, it is designed to protect children in schools and libraries from Internet porn. However, this bill is directed at schools and libraries receiving funds to acquire or operate computers, will the Children's Internet Protection Act is directed a schools and libraries receiving e-rate funds (which subsidize computer networking, Internet access, and telecommunications costs).

The key language of HR 2560 states:

"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 ... 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, ..."

Status. This bill was introduced on July 20, 1999. No action has been taken. (Look for this bill to be passed as an amendment to an appropriations bill coming out of the Labor, Health, Human Services, and Education Subcommittee, on which both Rep. Istook  and Rep. Dickey sit.)

Legislative History with Links to Related Materials.

• 7/20/99. HR 2560 IH introduced in the House. See, Tech Law Journal Story.
• 7/20/99. HR 2560 referred to the Committee on Education and the Workforce.

S 1545, the Neighborhood Children's Internet Protection Act

Sponsor. Sen. Rick Santorum (R-PA). Cosponsors. Rod Grams (R-MN).

Summary. S 1545 IS is a much watered down alternative to the filtering bills offered by McCain, Franks, and Istook. It is a filtering bill to the extent that it allows schools and libraries to use filtering software.

It would require schools and libraries receiving e-rate subsidies to either install filtering software or implement a policy regarding minor's access to the Internet. The bill is far less stringent than those introduced by McCain, Franks and Istook. First, it offers schools and libraries the option of implementing a policy, rather than actually using filtering software. This policy, hypothetically, could be unrestricted access by minors. Second, if a school selects the option of using filtering software, the requirement is merely that it be installed. There is no requirement that it be operational or in use.

"(i) selected a system for its computers with Internet access that are dedicated to student use in order to filter or block Internet access to matter considered to be inappropriate for minors; and (ii) installed on such computers, or upon obtaining such computers will install on such computers, a system to filter or block Internet access to such matter;"

If implementing a policy is the option selected, then it must "address" the following:

"(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) whether the school or library, as the case may be, is employing hardware, software, or other technological means to limit, monitor, or otherwise control or guide Internet access by minors"

Status. This bill was introduced on August 5, 1999.

Legislative History with Links to Related Materials.

• 8/5/99. S 1545 IS introduced in the Senate.
• 8/5/99. S 1545 referred to the Senate Commerce Committee.
• 6/27/00. The Senate attached an amendment based on this bill to HR 4577, the Labor Appropriations bill. (The Senate also attached an amendment offered by Sen. McCain based on S 97).

HR 4600, the Children's Internet Protection Act.

Sponsor. Rep. Chip Pickering (R-MS). Original Cosponsors. Richard Baker, Bud Cramer, Jim DeMint, Bob Franks, Van Hilleary, Asa Hutchinson, Ernest Istook, Walter Jones, Steve Largent, Joseph Pitts, Ronnie Shows, Billy Tauzin, Roger Wicker. Additional Cosponsors. Zach Wamp, Richard Armey, Frank Lucas.

Summary. HR 4600 IH would require schools and libraries which receive e-rate subsidies to use filtering on computers used by minors.

Status. This bill was introduced on June 8, 2000.

Legislative History with Links to Related Materials.

• 6/8/00. HR 4600 IH introduced in the House. See, Tech Law Journal story.
• 6/8/00. HR 4600 referred to the House Commerce Committee.
• 6/21/00. HR 4600 referred to the House Telecom Subcommittee.

Other Resources

Pro Filtering Groups

• Filtering Facts.
• Family Research Council.
• Enough is Enough.

Anti Filtering Groups

• People for the American Way.
• American Civil Liberties Union.
• American Library Association.

Miscellaneous

• Congressional Missing and Exploited Kids Caucus.
• National Center for Missing and Exploited Children.