TITLE XVII--CHILDREN'S INTERNET PROTECTION
SEC. 1701. SHORT TITLE.
This title may be cited as the ``Children's Internet
Protection Act''.
SEC. 1702. DISCLAIMERS.
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.
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&endash;
(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.
DEFINITIONS.--In this section:
TECHNOLOGY PROTECTION MEASURE.--The term
``technology protection measure'' means a specific
technology that blocks or filters Internet access to visual
depictions that are&endash;
(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.
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.&endash;
``(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&endash;
``(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&endash;
``(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&endash;
``(I) obscene; or
``(II) child pornography; and
``(ii) is enforcing the operation of such technology
protection measure during any use of such computers.
