Deleting Online Predators Act of 2006
Legislative Activity
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Received in the Senate and Read twice and referred to the Committee on Commerce, Science, and Transportation.
July 27, 2006
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Introduced in House
May 9, 2006
Referred to the House Committee on Energy and Commerce.
May 9, 2006
Referred to the Subcommittee on Telecommunications and the Internet.
May 15, 2006
Sponsor introductory remarks on measure. (CR H4651)
June 27, 2006
Mr. Upton moved to suspend the rules and pass the bill, as amended.
July 26, 2006 • 2:36 PM
Considered under suspension of the rules. (consideration: CR H5883-5889)
July 26, 2006 • 2:37 PM
DEBATE - The House proceeded with forty minutes of debate on H.R. 5319.
July 26, 2006 • 2:37 PM
At the conclusion of debate, the Yeas and Nays were demanded and ordered. Pursuant to the provisions of clause 8, rule XX, the Chair announced that further proceedings on the motion would be postponed.
July 26, 2006 • 3:23 PM
Considered as unfinished business. (consideration: CR H5900)
July 26, 2006 • 5:04 PM
Passed/agreed to in House: On motion to suspend the rules and pass the bill, as amended Agreed to by the Yeas and Nays: (2/3 required): 410 - 15 (Roll no. 405).(text: CR H5883-5884)
July 26, 2006 • 5:15 PM
Motion to reconsider laid on the table Agreed to without objection.
July 26, 2006 • 5:15 PM
On motion to suspend the rules and pass the bill, as amended Agreed to by the Yeas and Nays: (2/3 required): 410 - 15 (Roll no. 405). (text: CR H5883-5884)
July 26, 2006 • 5:15 PM
Received in the Senate and Read twice and referred to the Committee on Commerce, Science, and Transportation.
July 27, 2006
Voting History
1 vote recorded • Roll call available
Floor Debate
15 membersWhat members said about H.R. 5319 on the floor
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Floor Debate
15 membersWhat members said about H.R. 5319 on the floor
Mr. Speaker, I want to thank the House and my colleague from Georgia for arranging for this time to talk about a new suburban agenda for the country, one that addresses key issues before families in…
Mr. Speaker, I want to thank the House and my colleague from Georgia for arranging for this time to talk about a new suburban agenda for the country, one that addresses key issues before families in America and reflects the new suburban reality of the way we live our lives.
This Congress is well known for being home to a Rural Caucus and an Urban Affairs Caucus. But to date we have never had a Suburban Caucus addressing the needs of suburban families. For us at this time we should recognize not how Americans lived in the 20th century but how they live now in the 21st century.
In the most recent election, over half of all voters were from suburban families, and suburban communities are under attack. They are under attack from gangs moving to the suburbs and taking on suburban police departments. They are under attack from Internet predators. Over 50,000 of them online at any one time attempting to contact our kids. We see a growing wave, a disappearance of green and open space that need to be protected. And there is a general fear held by three- quarters of the American public that it may be more difficult for their kids to enter the middle class than it was for them.
Five dozen Members of Congress have gathered together to put together a suburban agenda to address these needs. And one of those Members is representing the Atlanta suburbs, Congressman Tom Price, and a member of Suburban Agenda Caucus, and I yield to him.
I thank the gentleman.
One of the critical problems we have is from powerful social networking sites like MySpace.com and other sites that have given online predators powerful tools to reach children. Our leader, the author of the Delete Online Predators Act, is a Congressman from Pennsylvania, Mike Fitzpatrick and I want to yield to him.
I thank the gentleman who has become the leader on protecting kids from these new powerful tools online.
Suburban families have told us consistently that they want congressional action on education, health care, conservation and the economy; and one of our big reforms in the area of health care is accelerating health care information technology. I yield to my colleague from Georgia to talk about that major piece of legislation.
Mr. Speaker, I thank the gentleman. We saw a dramatic testament to the value of fully electronic medical records when Hurricane Katrina hit New Orleans. The many civilian hospitals had not yet upgraded to fully electronic medical records, and their record rooms were flooded out. Many of those patients then lost their medical histories, but the veterans in New Orleans did not have that problem. Their records were already fully digitized, and so a veteran reporting to a VA hospital in Houston or in Baton Rouge had their complete medical history protected.
That is one key issue in the suburban agenda, but another is protecting kids from predators, especially in schools. We heard of the great tragedy of Jessica Lunsford, an example of inadequate screening for people who come in contact with kids, and one of our experts on this field is my colleague from the State of Florida, and I yield to her.
Mr. Speaker, I thank the gentlewoman who lost Jessica Lunsford in her own district.
Our leader on this issue is Congressman Jon Porter from Nevada, the author of the School Safety Acquiring Faculty Excellence Act, and I want to yield to him.
Mr. Speaker, I thank the gentleman from Nevada because he is the author of the lead bill of the suburban agenda, and that will be coming up shortly in the Congress here.
We know that, for example, in the State of Michigan, schools unwittingly hired 2,500 people convicted of sexual assault, murder and other felonies, exactly because these predators fell between the cracks of the various State registries which have been established and were not brought together in a single Federal register.
One of the great problems that we have is also the emergence of international drug gangs moving into suburban communities. There are over 800,000 members of drug gangs now in America. It would be the seventh largest army in the world, and we need action to make sure that these gangs, sometimes suppressed inside large urban cores by capable police departments like the Chicago Police Department, are now moving into the suburbs. This is a phenomenon that we are not immune to in Chicagoland. It is happening all over the country, and I yield to my colleague from Atlanta to talk about the law enforcement situation that they face with gangs in that community.
One of the critical problems we have, we have heard of gangs like the Latin Kings and the Vice Lords and the Gangster Disciples, but we have a new gang emerging called MS-13 that may have reported, we don't know, links to international terror groups coming out of drug activity south of the border that seem to have no compunction with killing police officers, both on the West and East coasts. This is not just a threat to kids in school, it is a homeland defense issue.
We all know Dave Reichert from Washington, who was the national hero who tracked down the Green River killer and is someone who understands well law enforcement challenges east of the Cascades in Seattle.
One of the big issues we are also dealing with is a fear among families in America that it may be more difficult for their children to reach the middle class than it was for them. Another key item of the suburban agenda would establish 401-kids, a tax-deferred savings account for each child.
I want to yield to my colleague who shares Florida with the author of that legislation, Clay Shaw.
I thank the gentlelady.
We have seen a number of gangs morph from the view that we had of them in the 1950s coming out of cartoon images like West Side Story of the Jets and the Sharks, a group of local toughs that no longer exist. These gangs are all connected to international drug cartels, many times having weapons and contacts far exceeding local law enforcement, especially suburban law enforcement.
And now the view that they have is that they merely need to move outside of cities where they take on smaller police departments or high school officials and security officials that are not well experienced with these groups to continue their operations.
Congressman Reichert's Gang Elimination Act of 2006 makes common sense. It simply says to the Attorney General, identify the top three national drug threat gangs and put forward a plan to the Congress to take them down within 4 years. It sets an example of those gangs that if you represent a near and present danger to kids and to the homeland security of the United States, that the U.S. Government is going to take effective action.
The suburban agenda is very much about the security of families from gang violence. It is also about financial security. It is building a nest egg for each child with 401-kids family savings accounts. The Congress should build success upon success. The creation of the 401(k) program transformed the culture of the country to promote much greater savings and investment for people's retirement. In 2001, the Congress created 529 college savings plans, and over 7 million Americans have saved over $75 billion in these accounts.
The 401-kids accounts expands the tax-free savings for each child's college education to also allow the first-time purchase of a home. This is something that much more greatly ensures access of our children into the middle class. That opportunity is not just to build a nest egg for the child, it also gives an opportunity for each parent to sit down with that child and review how their
account is being built, what is the difference between a stock and a bond and a regular savings account, how they did this year, to build a culture of savings and investment for the rest of the child's life.
I yield to my colleague from Georgia.
I would say that we welcome Republicans, Democrats, everyone, to join this agenda, because while this is popular, while people want this to happen, it hasn't happened yet. This is an incomplete agenda, where we have not set a national strategy to eliminate gangs; we have not established 401-kids programs; we have not interlinked the Federal databases on sexual predators; we have not taken sufficient action on social networking sites like myspace.com to protect kids.
All of this, then, builds up to a set of unfinished work which the Congress should now finish in order to protect the lives of Americans.
One of the other issues that we hear about very often from suburban families is that we need to take greater action for conservation, that we support the national park system, we want it to be healthy and we want it to grow, but we also want to protect green and open space right near home. Without action by the Federal and State governments, there might come a day when we would drive to work or school and see an unending series of strip malls and no green or open space taken to protect the environment in our local communities.
The suburban agenda also contains two pieces of legislation, one by Jim Gerlach and the other by Mike Fitzpatrick, both of Pennsylvania, that encourages donations of open space for conservation purposes and also protects farmland from being gobbled up in suburban communities. I think it is critical that we embrace a future in this country of rapidly expanding suburban communities in which families 10 and 20 years from now also see green and open space and that they do not let inaction by the government or a climate which does not encourage the donation of these areas, to let these key properties go.
I yield to my colleague from Georgia.
I thank the gentleman.
It was decisive action of this kind that saved the Wagner Farm in Glenview, Illinois. We still celebrate the cows in that suburban community, now intensely built up, but because of foresighted action by the local community, that farm was preserved and it is helping educate a number of kids in the area about different ways to live and to preserve green space in their community.
I want to speak for a second about another bill, a bill that is later on in the suburban agenda that defends the rights of teachers to be able to search a child to make sure that their classroom is gun and drug free.
A number of us, me included, hesitated seeing a child using our training and our instinct as teachers, knowing that we probably have an issue with a child, but under Federal law and current Supreme Court decisions, we have to show a specific suspicion toward that child before we can execute a search of their book bag, their clothes or their locker.
I think that the country is ready to trust teachers, especially people that are long-experienced, certified, full-time teachers, to use their intuition and experience to defend a fundamental value, which is that Americans have a right to a safe and drug-free school and that the teachers and the administrators in that school know best how to appreciate danger and handle it immediately.
I recently talked with two teachers at Stevenson High School in Lincolnshire, Illinois, where they said that they knew the children, where they had a problem of a weapon potentially coming into the school, but they hesitated. They hesitated because many families in the neighborhood were lawyers, and they would worry about a big lawsuit and jeopardizing their jobs. That hesitation so far in Lincolnshire, Illinois, has not led to a tragedy.
But we have seen other tragedies, like at Columbine High School or in my own district in Winnetka, Illinois, where Laurie Dann led an attack against school kids with a gun.
Defending the rights of teachers to ensure the safety of their classroom is what the Teacher Safety Act is all about from Congressman Geoff Davis, and I think this once again represents commonsense action.
Why do we need to take Federal action on what should be a local issue? Because the Federal courts have continually ruled on this issue, and it is only by action of the Federal legislature that we can define the rights of teachers to protect their classroom.
I yield to my colleague from Georgia.
What we want is to give a message to the country's teachers that when it comes to an issue of the safety and security of kids in the classroom, do not hesitate. Do not worry about some impending lawsuit. Make sure that your classroom is secure. We are going to trust your judgement as a certified teacher, as a full-time employee of the school, to make that call and to make sure the classroom is secure.
When you look at all of this, we know that the House has long been a forum for issues on rural issues, and those are very important issues. We have also been a forum for issues on urban communities, and those are vital to the future of the country.
But there is a reality in the 21st century and it is that Americans, a majority of them, live in suburbs. Suburban families face a number of critical problems. There are drug gangs moving into suburbs that are seeking to take on suburban law enforcement communities that do not have the experience of big-city departments.
There are thousands of online predators who are trying to contact our kids using powerful engines like MySpace.com.
We are watching as green and open space disappear in the suburbs. And millions of Americans worry that it may be tougher for their children to enter the middle class than it was for us.
Suburban families are under attack, and they need a voice in the Congress; and that is why this agenda is coming forward.
These are critical issues in my district of Libertyville, Illinois. They represent commonsense, practical, grass-roots solutions coming from the communities to the Congress in a way that we welcome Republicans and Democrats coming together to move this agenda forward.
We will be outlining all of this in detail tomorrow: a School Safety Acquiring Faculty Excellence Act, which helps us screen and make sure that everyone coming into contact with kids is safe and appropriate; a Delete OnLine Predators Act to make sure that these powerful search engines are not put in the service of online predators; a Gang Elimination Act, making the commonsense step forward of identifying the top gangs that are a threat to kids and the Homeland Security of the country and to take them down; a Health Information Technology Promotion Act to accelerate high technology, health information technology to make sure that your medical record, when appropriately available, is appropriate to every doctor that you see and is in a survivable form in case there is a fire or other catastrophe. And, last, a 401-Kids Tax Deferred Savings Account to have more guaranteed access of children, not just in the suburbs, but also in cities and in rural communities into the middle class with tax deferred savings from the day a child is born.
I yield to my colleague from Georgia to wrap up.
I thank the gentleman. Tomorrow, then, five dozen Members of Congress come together to unveil the suburban agenda, many of these pieces of legislation already with bipartisan support, and it represents commonsense solutions addressing real issues before the country, important issues for all families, and it represents a critical agenda of key items of legislation addressing problems before American families that can be done in this session of Congress.
I thank the gentleman for yielding. I thank the gentleman for his leadership. I appreciate the leadership allowing us to bring this agenda forward. When I go home, I am often times asked, How often…
I thank the gentleman for yielding. I thank the gentleman for his leadership. I appreciate the leadership allowing us to bring this agenda forward.
When I go home, I am often times asked, How often do you get back? How do you get that touchstone? How do you make certain that you are staying in touch with your district? And most Members do go home every weekend and that is important because it is important that we keep in touch with our constituents and hear their views and their concerns. Like most Members, I go home every week, most of us go home every weekend, to my district which is the Sixth District of Georgia. It is a wonderful place to represent. It is the northern suburban Atlanta area. It is kind of the quintessential suburban district. It is full of active and productive families, patriotic Americans, hardworking folks.
And when I am at home, yes, my constituents are concerned about the war on terror, and, yes, they are concerned about the crisis of illegal immigration; but, Mr. Speaker, they are also concerned about school safety; and they are also concerned about easing the difficulty of obtaining health care for themselves and their family and their parents. And they are also concerned about increasing conservation of our Nation's resources, and they are also concerned about being able to afford a college education for their children. So tonight I am honored to join the gentleman from Illinois. I appreciate his leadership in this area, for what has been coined the Suburban Agenda.
I am pleased to support this agenda and this activity. I look forward to assisting the gentleman from Illinois and others in shepherding this legislation through the House. I am so honored to work with him in this endeavor. I look forward to the discussion this evening.
I thank the gentleman from Illinois once again for his leadership and for yielding on this issue.
As you mentioned, right below those top button issues for folks all across this Nation, but especially in the suburban area, if you ask them what is important to them, education and health care are truly right there. They are concerned about being able to have access to health care. They are concerned about being able to afford health care. They are concerned about health care for their parents, and they are concerned about the accuracy of the records that are kept regarding health care and the portability, moving those records around.
As a physician, I practiced medicine for over 20 years; and so many things have changed in medicine, the different medications that we use, the different surgical procedures that we perform. The vast majority of those were not around 20 years ago, but what is around still, not just from 20 years ago but from 40 years ago and 60 years ago is the paper record of one's health care. Most of us go into the doctor and the paper chart shuffles through the office. That was not all bad in that time, but today we can cut down on the errors in health care. We can cut down on the cost of health care. We can improve health care access to folks, to go from a primary care physician to a special physician by the use of health information technology.
Our colleague, Nancy Johnson from Connecticut, is introducing, along with the Suburban Caucus, the Health Information Technology Promotion Act. It will result in a remarkable incentive to fully promote electronic medical records that will cut the costs and reduce medical errors by over 80 percent is what the statistics will tell you. Civilian patient records in New Orleans were wiped out. One of the things that made it so was that there was not the portability of health care for those individuals. But the electronic records for veterans were fully protected and available at any VA hospital.
This is just a case in point for how much advantage we could gain as a Nation having health records available in an electronic form. Over 60 percent of Americans support this, and it is imperative that we move in this direction for safety reasons, for access reasons, and for ease of availability of health care for all citizens across this Nation, and especially in our suburban areas.
So I look forward again to working with my colleague from Illinois and all members of the Suburban Caucus and the House to promote these positive, positive agenda items in the area of health and elsewhere.
Mr. Speaker, I thank my colleague for yielding. I tell you, one of the things that excites me so about this suburban agenda is that it addresses real issues of real people, in real life, in real-time. Oftentimes, we deal with issues and they seem kind of out there. They are far away, and they are issues that are difficult to get your arms around; but I tell you, in my community, the issue of gangs and gang violence has reared its head.
When we have neighborhood meetings or you get together with PTA groups and you talk about this, folks just shake their head. They say, It doesn't make any sense. How can this be going on?
That is why I am so excited about the suburban agenda because what it does is bring issues that people are talking about every single day in our districts back at home and saying, Why can't we do something about that? That is what Congressman Reichert has brought forward. H.R. 5291 is the Gang Elimination Act of 2006.
Will it eliminate gangs? No, but it will go a long, long way because what it does is charge the Attorney General with identifying those gangs that are the most egregious, that are the most violent, that are the most threatening to our communities all across this Nation, a lot of suburban areas, but all across this Nation and says, Let's get a strategy down to make certain that we address these and start knocking these gangs down, start making it so that these gangs are not able to function in the way that they are able to function right now and not able to threaten our families and our children.
You are absolutely right. Apparently, so many of these gangs have a rite of passage that they institute for their members. That rite of passage is often very violent. Sometimes it is the murder of a member of the police force or a member of the community.
And so this again is real-time issues, real issues that face our communities all across this Nation each day. I am proud again to stand with my colleagues here and I am so proud of Congressman Reichert for his leadership on this issue. We look forward to having it passed.
Thank you so much. So much of what you have just said makes sense. You talked about common sense. We could call this suburban agenda the common-sense agenda really, because when moms and dads sit at home and they try to figure out how to take care of their health or their child's safety or their child's college education, they want to know whether or not they are going to be able to make that happen. One of the ways to do that is obviously through increased savings.
When Congress finds something that works, we ought to do it, we ought to do more of it, especially when it results in greater savings and greater prosperity for so many individuals across our land. So with the success of retirement security and the 401(k) plans and the success of the 529 plans that you mentioned, we ought to build on that success.
That is exactly what the 401-kids family savings account does. I think it is important. Education really is a key to advancing in society.
But a college education isn't right for every single person. What the 401-kids family savings account recognizes is that that money may be best used for purchasing a first home, or for starting a new business for a child or with a child. That is expanding the success that we have had with the 529 plans, common-sense kinds of solutions that I think will be embraced by this entire House and, frankly, by all of America.
I thank the gentleman for yielding.
You are absolutely right. As the suburban areas expand, they often eat up the green land and the open space that is available. Before you know it, there is not enough parkland or open space that is left. And you can't get it back. It doesn't come back.
I, like so many of my colleagues here in Congress, had the privilege of serving in the State legislature. One of the bills that I was so very proud of in the State legislature in Georgia was called the Green Space bill. What it does is provide State resources to set aside on future developments a certain percentage of land for open space, green space.
I am so proud and privileged to be able to join my colleagues here in the Suburban Caucus and my two colleagues from Pennsylvania, Mr. Gerlach and Mr. Fitzpatrick, for promoting these bills that will provide encouragement for the purchase of conservation easements, as it does with Mr. Gerlach's bill, and increase tax easements to encourage charitable contributions of real property for conservation and open space purposes, which is Mr. Fitzpatrick's bill.
These are common-sense solutions. They are not mandates. They aren't requirements. They aren't the heavy hand of the law. But what they are are conservative principles being used for conservation.
I am so pleased to be able to stand with my colleagues and support these positive steps forward.
Thank you so much. This is another one of those items, as you mention, it is just common sense. When moms and dads at home wonder why their kids are subjected to the kinds of threats that they are at school, when a teacher stepping in at an appropriate time could have solved that problem, it just doesn't make any sense to them.
And you mention why it needs to be done at the Federal level. When individuals have access to Federal courts for these kinds of issues, then it is imperative that Congress step in and act because the threat of liability of a teacher ought not get in the way of the safety of our children.
When you and I were going to school, our parents would say, look, I don't care what you do, but you ought not upset the teacher. The teacher is right. The teacher is, in essence, your parent while at school, in loco parentis. I am not an attorney, but what that means is that the teacher can act as the parent while the child is at school. When
the child is at home, the parent certainly is able to search the child. So that ought to be the case at school as well. And it is important because of the day and time that we live in. Our children are subjected to risks that you and I never dreamed about, and so it is imperative that adults that are on the scene, the teachers in the classroom, administrators in the school, be trusted to make the right decisions in these areas and not be exposed to liability, not have to think in the back of their mind, if I do that, will I get sued. That's just foolishness, and it threatens our children.
So I am proud once again that you brought that forward.
I thank you so much for yielding and for your leadership on this issue. I want to also thank once again our leadership, the Speaker and majority leader, majority whip, conference Chair, for allowing us to share with the House and with the American people tonight this exciting, commonsense suburban agenda. And it's not just for the suburban area, but the problems and challenges that we have in suburban America oftentimes precede those that we see elsewhere. And so it is so very important that we move this forward, the commonsense suburban agenda.
As I mentioned before, folks in our districts are concerned about all the big issues, the huge issues, the war on terror, the crisis of illegal immigration; but they are also concerned about the issues of school safety. They are also concerned about the issues of making certain that their children are safe when they go on the Internet. They are also concerned about the importance of having private personal medical records and the ease of being able to take them from one doctor to another. They are terribly concerned about making certain that we preserve our Nation's open space and green space. And they are concerned about the ability that they have to assist their children in succeeding, whether it be through starting a business or providing a college education for them.
So I commend the gentleman from Illinois so highly for his leadership on this issue. He has been a champion for the entire length of time, short time, that I have been in the United States Congress. It is a privilege to stand with you this evening, and I look forward to shepherding with you these issues through the United States House and Congress.
Mr. Speaker, I move to suspend the rules and pass the bill (H.R. 5319) to amend the Communications Act of 1934 to require recipients of universal service support for schools and libraries to protect…
Mr. Speaker, I move to suspend the rules and pass the bill (H.R. 5319) to amend the Communications Act of 1934 to require recipients of universal service support for schools and libraries to protect minors from commercial social networking websites and chat rooms, as amended.
Mr. Speaker, I would ask unanimous consent that all Members may have 5 legislative days within which to revise and extend their remarks on this legislation and to insert extraneous material.
Mr. Speaker, I would yield myself 5 minutes.
Mr. Speaker, I rise in strong support of H.R. 5319, the Deleting Online Predators Act of 2006, which was introduced by Representatives Fitzpatrick and Kirk, along with Representatives Miller of Michigan, Weldon of Pennsylvania, English of Pennsylvania, Davis of Kentucky, and Castle.
I would note that under the leadership of Chairman Whitfield and Chairman Barton, the Oversight and Investigation Subcommittee has held multiple hearings exposing the appalling sexual exploitation of children on the Internet. This includes the dark underside of social networking Web sites, which have been stalking grounds for sexual predators who are preying on children all across the Nation; and we have had many and such cases in my home State of Michigan, way too many.
Federal law enforcement officials have described the sexual abuse and exploitation of our Nation's youth as an epidemic propagated by the unlimited access of the Internet. The statistics are alarming. The FBI has seen better than a 2,000 percent increase in its caseload of online sexual predators the last 10 years. And of the estimated 24 million child Internet users, one in five kids has received unwanted sexual solicitations. It is estimated that, at any given moment, 50,000 predators are prowling for children online, many of whom are lurking within social networks.
At a minimum, what our hearings have taught us is that both kids and parents need to be better educated about the dangers of social networking Web sites, and parents need to police their children's online use at home to guard against sexual predators.
However, to the extent that children are using the Internet outside the home, particularly at school or at a public library, parents have not been able to monitor their child's online use, and that is the situation that H.R. 5319 is designed to address.
Earlier this month, the Telecommunications and Internet Subcommittee held a legislative hearing on this bill; and as a result of many constructive suggestions that we heard from our witnesses and Members alike, particularly those representing schools and libraries, the legislation before us today I think reflects much improvement.
At its heart, the bill before us today would require schools which receive e-rate funding, and I would note that I am a strong supporter of e-rate funding, to enforce a policy of Internet safety for minors that includes monitoring their online activities and the protection measures to protect against access to commercial social networking Web sites or chat rooms, unless used for an educational purpose with adult supervision.
Additionally, this bill would require libraries which receive e-rate funding to enforce a policy of Internet safety that includes the operation of a technology protection measure that protects against access by minors to commercial social networking Web sites or chat rooms unless they have parental authorization and the library informs parents that sexual predators can use those Web sites and chat rooms to prey on kids.
The approach taken by this legislation is not dissimilar to the approach taken by the Children's Internet Protection Act through which Congress requires schools and libraries that receive e-rate funding to impose filtering technology to protect kids from online visual depictions of an inappropriate sexual nature.
Mr. Speaker, I support the e-rate. I continue to do so. I often visit a school, virtually every week. I have seen the tremendous educational value which the Internet has brought to students throughout our district, and I recognize the importance of the e-rate in making that a reality.
However, as with all technologies, the Internet is a double-edged sword, and Congress does have the responsibility to ensure that, to the extent that a Federal program is involved, like the e-rate, it is doing all that it can to ensure that children are protected from online dangers. This bill represents another step in making sure that online experiences at school and the library are safe.
I want to congratulate Mr. Kirk, Mr. Fitzpatrick, and Ms. Bean for their leadership on this issue. I urge all of my colleagues to support this bill.
Mr. Speaker, I reserve the balance of my time.
Mr. Speaker, I yield 1 minute to the gentleman from the good State of Texas (Mr. Poe).
Mr. Speaker, I yield 5 minutes to the gentleman from Pennsylvania (Mr. Fitzpatrick), the sponsor of the legislation.
Mr. Speaker, I yield myself 30 seconds.
I just want to say that as I learn more and more about this legislation, part of it was because of the gentleman from Illinois (Mr. Kirk) and the gentlewoman from Illinois (Ms. Bean). We share a media market together, me in southwest Michigan, they, of course, in Chicago, and the concern by so many in talk radio and the news is really something else.
I have to say that just a couple years no one knew about the online predators like we do today, and that is why we have had a number of hearings in the Oversight Subcommittee chaired by Mr. Whitfield.
Mr. Speaker, I yield 5 minutes to one of the coauthors of the bill, along with Mr. Fitzpatrick of Pennsylvania, Mr. Kirk of Illinois.
Mr. Speaker, I yield myself the balance of the time.
Mr. Speaker, I would just like to say to the gentleman from the great State of Michigan, and my good friend, Mr. Markey, as well, that I know that both Chairman Barton and myself look forward to working with both gentlemen on strengthening this legislation down the road and looking to close as many loopholes as we can to protect our children. Because the bottom line is this, better than a 2,000 percent increase in the FBI caseload of online predators.
This is not the end-all. We know that. But we know that sexual predators should not have the ability to use our schools or our libraries; and we should take away that avenue, if we can, for their evil deeds. And that is precisely what this legislation is intended to do.
And I would note that even though this was introduced some 2 months or so ago, we have nearly 40 cosponsors of the legislation. Melissa Bean has been a great leader from the Democratic side of the aisle, as well as the Republicans that have been mentioned earlier during the debate and that have participated. And I know that in the oversight and investigation hearings that we have had, not only as well as in New Jersey but the legislative hearing that we had with many witnesses, including the Attorney General from Texas, who did a marvelous job of explaining what was going on in Texas, they all strongly endorsed the intent and the legislation as it was introduced.
I think we have a better bill today than perhaps was introduced by taking into consideration the many constructive comments that were made by my friend, Mr. Markey, Mr. Dingell, and others on the committee.
With school starting for many as early as next month, August, knowing that the Congress, at least the House, is likely to adjourn this week, the Senate still has another week, I would like to think that with a strong vote this afternoon the Senate may take up this legislation perhaps next week, perhaps, and we actually may get the bill to the President's desk so that it will be in place for kids as they start school.
So that is one of the reasons, I think, why this legislation was, indeed, rushed to the floor. But, again, I know that we took in many good comments by those at the legislative hearing that we had, and I think that the proof will be in the pudding.
Mr. Speaker, I yield, for a brief minute, to the gentleman from Illinois (Mr. Kirk).
Mr. Speaker, I would say, too, I believe it was over the Fourth of July week break that ``Dateline'' had the big expose; and I know our office was flooded with calls and letters, as I was home in Michigan. There were a good number of parents and others that expressed their concern about some of these different online services that were there; and if we can close the loophole on schools and libraries, I think that it is a good thing.
I think that, because of that, I would hope that most Members, when we vote on this later this afternoon, in all likelihood would vote ``yes'' on the bill. Again, it is bipartisan, and that is why it is here before us this afternoon
Mr. Speaker, I yield back the balance of my time.
Mr. Speaker, for the second straight day I come to the floor objecting strongly to the process by which bills are being brought to the floor on suspension without proper consideration. Today, the…
Mr. Speaker, for the second straight day I come to the floor objecting strongly to the process by which bills are being brought to the floor on suspension without proper consideration.
Today, the House is considering two bills that were not properly considered by the Energy and Commerce Committee. Both the U.S.-Israel Energy Cooperation Act and the Deleting Online Predators Act were rewritten behind closed doors by the majority and were not marked up before going to the floor.
On the other hand, our committee marked up a bill today, and this is not a joke, but to protect consumers from misleading thread counts for wool suits. We mark up a bill to protect people from wool suits but not from online child predators.
Mr. Speaker, I take a back seat to no one when it comes to my dedication to tracking down, prosecuting and locking up child predators. I have helped lead the child predator investigation in the House, and I have participated in six hearings on this issue.
Unfortunately, child predators are not the target of today's bill. This bill will not delete online predators. Rather, it will delete legitimate Web content from schools and libraries. Schools and libraries that serve students are the target of this legislation.
The bill is an attempt to protect children in schools and libraries from online predators. It is important to note that during the six oversight hearings we had, hearing from 38 witnesses on the issue, there was not one mention of online child exploitation being a problem at schools or libraries. Perhaps this is because there is already a law on the books that requires schools and libraries who receive e-rate funding to monitor children's Internet use and to employ technology blocking children or preventing children from viewing obscene and harmful content.
Many schools and libraries already block Web sites such as MySpace. This legislation is largely redundant and raises many constitutional concerns.
The National School Boards Association opposes this bill saying, ``NSBA is concerned that the bill would not substantially improve safety of students, and would place an added and unnecessary burden on schools. Furthermore, the legislation does not address the real issue of educating children about the dangers of the Internet and how to use it responsibly and wisely.''
The American Library Association also opposes this bill, saying the bill ``denies access to constitutionally protected speech.''
This bill will not tackle the real threat to our children. Our committee learned from teens, experts and law enforcement that the real threat lies in children using these sites in their rooms without adult supervision.
This legislation will actually drive children to go to unsupervised places, unsupervised sites to go online, where they will become more vulnerable to child predators.
Finally, and importantly, legislation before us today does nothing to hold Internet service providers accountable. We learned from our hearings that ISPs vary widely in what they do to empower children and parents, how they report online predators to authorities, and actively seek and block illegal content from their networks.
The bottom line is that Members can vote for this bill, but we should not give parents the false hope that this bill will keep their children safe. This bill will increase the risk to children as we drive children away from supervised sites to unsupervised sites.
Finally, Mr. Speaker, I am profoundly disappointed that this issue that should not be a partisan issue is becoming one.
I will enter into the Record at this point the letter of opposition from the American Library Association.
American Library Association,
Washington, DC, July 26, 2006.
To: United States House of Representatives.
Re opposition to H.R. 5319, the Deleting Online Predators Act
(DOPA).
Dear Representative: On behalf of the American Library
Association (ALA), I write to indicate our continued
opposition to H.R. 5319, the Deleting Online Predators Act
(DOPA). We understand this bill may come to the House floor
this afternoon and ask that you oppose this bill as it
presently reads.
No profession or community is more concerned about the
safety of children than our Nation's librarians. Librarians
in public libraries and school library media centers work
continuously to assure that children have appropriate and
safe access to the materials and information services they
need so that each young person can become literate and
educated with the skills and knowledge to succeed in the
digital and online world.
ALA had hoped following the July 11th hearing on H.R. 5319
before the Commerce Committee's Subcommittee on
Telecommunications and the Internet, that an amended version
would seek to resolve some of the problems we expressed in
ALA's testimony. Unfortunately, the revised language we
received only last night does not make the necessary changes
that we believe would better serve the public interest and
contribute to true online safety for young people. We urge
opposition to H.R. 5319 for several reasons:
1. The terminology used in DOPA is still overly broad and
unclear. As written, this legislation would block access to
many valuable websites that utilize this type of
communication, websites whose benefits outweigh their
detriments.
2. DOPA still ignores the value of Interactive Web
applications. New Internet-based applications for
collaboration, business and learning are becoming
increasingly important, and young people must be prepared to
thrive in a work atmosphere where meetings take place online,
where online networks are essential communication tools.
3. Education, not laws blocking access, is the key to safe
use of the Internet. Libraries and schools are where kids
learn essential information literacy skills that go far
beyond computer instruction and web searching. Indeed, DOPA
would block usage of these sites in the very environments
where librarians and teachers can instruct students about how
to use all kinds of applications safely and effectively and
where kids can learn how to report and avoid unsafe sites.
4. Local decision-making--not federal law--is the way to
solve the problems addressed by DOPA. Such decisions are
already being made locally, in part due to the requirements
of the Children's Online Protection Act (CIPA) for E-rate
recipients. This additional requirement is not necessary.
5. DOPA would restrict access to technology in the
communities that need public access most. H.R. 5319 still, as
presently drafted, would require libraries and schools
receiving E-rate discounts through the Universal Service
Program to block computer users from accessing Interactive
Web applications of all kinds, thereby limiting opportunities
for those who do not have Internet access at home. This
unfairly denies the students and library users in schools and
libraries in the poorest communities from accessing
appropriate content and from learning how best to safely
manage their own Internet access in consultation with
librarians and teachers.
It should also be noted that key witnesses at the July 11th
hearing testified that limiting access to social networking
sites in E-rate schools and libraries will have little impact
on the overall problem since young people access these
collaborative sites from many locations and over a period of
time.
If you have any questions, please call our office at 202-
628-8410. Thank you for your consideration.
Sincerely,
Lynne E. Bradley,
Director, Office of Government Relations,
American Library Association--WO.
Mr. Speaker, I am proud to join my colleagues tonight as we unveil the Suburban Caucus' agenda for America. Tonight we bring to the House floor strong forward-looking legislation that would help…
Mr. Speaker, I am proud to join my colleagues tonight as we unveil the Suburban Caucus' agenda for America. Tonight we bring to the House floor strong forward-looking legislation that would help America's families in some of the fastest growing areas of our country.
I, along with our fellow caucus members, understand the issues that suburban families face each day because each one of us lives in the suburbs. I grew up in a place called Levittown, Pennsylvania, which sits just a few miles north of Philadelphia. The majority of my district is situated only 2 hours from New York City. My district borders the Delaware River right across from Trenton, New Jersey, and I am proud to represent neighborhoods in Northeast Philadelphia.
These are all suburban areas, places removed from cities, but impacted by them on a daily basis. The suburbs have held a sentimental sway in America since the fifties. Thousands of my constituents have migrated away from New York and Philadelphia to live in my district in search of a change of pace, the purchase of a new home, more space to raise a family, a new economic opportunity. However, increased urbanization has blurred the line between city and suburb, creating new challenges that were unheard of only a decade before.
My constituents, like millions of other suburbanites, face transportation challenges, threats from increased crime, environmental concerns, financial worries, and concern over the state of their children's education. In many ways they share the same concerns their neighboring cities have, and those concerns need to be met with attention from Congress.
The Suburban Caucus is dedicated to addressing these issues, and I am proud to be a member of the caucus and to take part in tonight's discussion.
Mr. Speaker, my most important job is my role as a father of six children. In a world that moves and changes at a dizzying pace, being a father gets harder all the time. Technology is one of the key concerns I have as a parent, specifically the Internet and the sites my kids visit, register with, and use on a daily basis.
The Internet is a wonderful invention. It has opened a window to the world right in our homes. However, with the limitless possibilities that window offers, we must be mindful of what we view and let into our homes. One of the most interest and worrying development of late has been the growth in what are called ``social networking sites.'' We have all heard of them in one way or another. Sites like MySpace, Friendster, and Face Book have literally exploded in popularity in just a few short years. MySpace alone has just over 76 million users and ranks as the sixth most popular English language Web site and the eighth most popular site in the world. Everyone can use these sites. Companies and colleges, teachers and students, young and old all make use of networking sites to connect with people electronically, to share pictures, information, course work, and common interests. These sites have torn down the geographical divide that once prevented long distance social relationships from forming, allowing instant communication and connections to take place and a virtual second life to take hold.
For adults, these sites are fairly benign. For children, they open the door to many dangers, including online bullying and exposure to child predators that have turned the Internet into a virtual hunting ground for children.
Mr. Speaker, the dangers our children are exposed to by these sites are clear and compelling. A Department of Justice survey found that one in five children have received an unwanted sexual solicitation from online interests in the past year alone. Mr. Speaker, one in five children.
The FBI reports that child pornography cases have increased more than 2,000 percent over the past decade. And MySpace, which is self- regulated, has removed an estimated 200,00 objectionable profiles since it started in 2003. Look closely at local and national news stories and you will see a troubling increase in cases of child sexual assault where sites like MySpace and Friendster were a key component in the crime.
That is why just this evening I introduced the Deleting Online Predators Act, H.R. 5319, as part of the Suburban
Caucus agenda. Parents have the ability to screen their children's Internet access at home, but this protection ends when their child leaves for school or for the library. The Deleting Online Predators Act requires schools and libraries to monitor the Internet activities and implement technology to protect children from accessing commercial networking sites like MySpace.com; and chat rooms which allow children to be preyed upon by individuals seeking to do harm to our children; and visual depictions that are obscene or child pornography.
Additionally, the legislation would require the Federal Trade Commission to design and publish a unique Web site to serve as a clearinghouse and resource for parents, teachers, and children for information on the dangers of surfing the Internet. The Web site would include detailed information about commercial networking sites like MySpace. The FTC would also be responsible for issuing consumer alerts to parents, teachers, school officials, and others regarding the potential dangers of Internet child predators and others and their ability to contact children through MySpace.com and other social networking sites.
In addition, the bill would require the Federal Communication Commission to establish an advisory board to review and report commercial social networking sites like MySpace.com and chat rooms that have shown to allow sexual predators easy access to personal information of and contact with our Nation's children.
Make no mistake, our children on the Internet are at risk. Predators will look for any way to talk to children online, whether through sites like MySpace, instant messaging, or even online games. The best defense against these people is to educate parents and children of the dangers that come along with the Internet and by protecting our children during the school day. There may be no one silver bullet solution to this problem, Mr. Speaker, but this legislation takes a strong step forward in deleting the presence of child predators online.
It is a step that must be taken and an action that families across the Nation expect and deserve from their United States Congress.
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Mr. Speaker, I want to thank my colleague and friend from Illinois (Mr. Kirk) for bringing us to together as a caucus that is focused on, I think, issues that are impacting a lot of moms and dads…
Mr. Speaker, I want to thank my colleague and friend from Illinois (Mr. Kirk) for bringing us to together as a caucus that is focused on, I think, issues that are impacting a lot of moms and dads across this country, especially in a part of the country, suburbia, where a lot of these folks are busy taking their kids to school, getting off to work and do not necessarily have a lot of time to show up for congressional hearings.
If we look back through the history, our leadership has been very supportive. I appreciate Mr. Hastert and Mr. Boehner for allowing us this time tonight on these key issues.
If we look back in time, about 40-some years ago, when I was a young man in a small Catholic grade school in the Midwest, in the community of Humbolt, Ohio, a number of challenges for teachers and challenges for parents and students had a lot to do with spitwads. Maybe showing up on time for class, making sure we are on time and making sure we got good grades, of course, was a priority; but think how things have changed. In those days, in my little Catholic grade school, we could not wear blue jeans with rivets because we were afraid we would scratch the desks.
Let us fast forward today into suburbia. Today, we have children in the classroom that are trying to deal with drive-by shooting drills. They have drive-by shooting drills in certain schools across the country. We have children that need our special help more than ever, with an environment that is ever-changing, and it is not about rivets and blue jeans. It is about worrying about the Internet, worrying about predators, worrying about predators that stalk our students, that hang around the playgrounds.
If you look at suburbia and inner city and communities around the country, if you look at police files, you will see that on maps they put dots and marks where sexual predators live and they frequent schools and hang around classrooms and hang around the ball fields.
Well, being a parent myself, and having two children that graduated from the public school system in the community of Nevada and southern Nevada, I trust that when our schools open and when our schools hire teachers, that they are going to have the best tools available to screen teachers, to make sure that we hire the best and the brightest to take care of our children.
We are very fortunate that the bulk of all of our teachers across this country are absolutely some of the finest. They care about their children, they care about the school, and they care about educating our precious resource, that is, our kids.
I cannot imagine the pain of a parent or a child that has been molested or taken advantage of by a teacher or a faculty member at a school somewhere across the country. We pick up the paper every day, and there is a story about someone that slipped through the system, a teacher or a faculty member somewhere that has applied and has found a job and is employed with our children and teaching our children. I will be honest with you, I cannot imagine the pain if my child or a friend of mine's child was molested or assaulted.
In the late 1990s, 1998, this Congress in its wisdom passed legislation to allow for complete background checks on teachers. That was in 1998. Unfortunately, as we fast forward, that bill which was to provide, again, complete knowledge, complete background checks to make sure that our teachers are safe, to date, to 2006, only 26 States are able to use the law that we passed in 1998. Again, that law was passed as a reason to make sure our principals, our administrators have the right tools to check the backgrounds of teachers. Like I said, fortunately, 26 States today are using it; 24 are not. So almost half are not using this tool that is available.
We use Nevada as an example. Clark County School District in southern Nevada hires around 2,000 new teachers a year, another 3,000 or 4,000 faculty members, close to 6,000, 7,000 people a year. You go across the State, you look at our growth, we are one of the fastest growing States in the country. We need to build 2\1/2\ new schools each month. We also need about 2,500 new teachers, but we have run into some problems.
Unfortunately, since 1998 only 26 States are using the background check that is available due to constitutional challenges within their States, due to bureaucratic challenges in their States. We want to make sure in Nevada that when we check the background of a teacher that we have the most up-to-date, up-to-the-minute information without barriers.
Well, again, unfortunately, that tool has not been available to all the States. So I proposed legislation, and it is H.R. 4894, the School Safety Acquiring Faculty Excellence Act, and what it does is allows every State to have access to information, both Federal and State information, on criminal background checks on teachers. Again, unfortunately, some of the States that we checked with, and we are trying to hire new teachers, due to different reasons are not able to provide the information that we need. So I encourage that we pass H.R. 4894.
It does a couple of things. One, it gives the tools to all the States to check backgrounds through the Federal Bureau of Investigation, through all that information so they can feel comfortable that they are getting the latest up-to-date information. Number two, it streamlines the process. Some States now, although they are doing background checks, it could take weeks or months to get information on hiring a new teacher.
So the bill really does two things. It provides immediate access so there are fewer barriers so our administrators can have the proper information to make sure our students are safe, and it provides for those States that cannot currently follow the act of 1998 to gather that information.
Mr. Speaker, I appreciate this opportunity. There is no more precious resource than our children. We want to make sure that our parents, our administrators and our teachers and, most certainly, our children have the best available to them through the teachers that we are hiring; and with that, again, I appreciate the time.
Mr. Speaker, thank you very much. First of all, I apologize. I have a little bit of laryngitis here, but I wanted to join you to express my support for the suburban agenda. You have done a great job,…
Mr. Speaker, thank you very much. First of all, I apologize. I have a little bit of laryngitis here, but I wanted to join you to express my support for the suburban agenda. You have done a great job, and I know I heard Dr. Price say that he goes home every weekend, as most of us do.
My district in Florida, the largest city I have is all of 21,000. I have a lot of suburban areas and areas that we call unincorporated areas, and the suburban agenda clearly is one that my constituents who are not city folk, maybe they used to be but they are not anymore, can really relate to. One of the concepts clearly is protecting our children. Whether it is a grandmother who lives in Florida or whether it is a young family that lives in Florida, they all want to make sure that children are protected.
February 23 marked the 1-year anniversary of Jessica Lunsford's death. Her dad, Mark, and her grandparents, Archie and Ruth Lunsford, live in Citrus County in my district. I actually lived less than 5 miles from Jessica at the time that she was murdered.
If she were still with us today, she would have been in the fifth grade, learning about decimals and fractions, the solar system and certainly American government. Instead, her life was taken by a sex offender who kidnapped, assaulted, and murdered her and then buried her in his backyard. This tragedy all of America grieved for.
The irony of it is that the perpetrator actually worked at her school. He was hired by a company that was doing some construction work at her school.
Congressman Porter introduced the School Safety Acquiring Faculty Excellence Act, which would permit school districts to access FBI criminal data before hiring new employees.
My bill, the Jessica Lunsford Act, requires offenders to wear ankle monitoring devices if they fail to report when they move from area to area. In addition to the current fines and jail time under the Jessica Lunsford Act, offenders would have to wear the GPS monitoring device for 5 years and predators for 10 years.
Probation officers right now are not provided with notification of a probationer's sex offender status from a previous crime. My legislation requires that that record be given to the probation officer. I am sure, Mr. Speaker,
that if the probation officer knew of this record that he never ever would have allowed the predator to work in that school.
We need to make sure that we have this information out there and available; and, certainly, protecting our children from those who would do them harm, those who really are the lowest of our society, is so very, very necessary; and I know that all of the members of the Suburban Caucus are very, very supportive of protecting our children.
Like Dr. Price and many of you all here tonight, I, too, go home every weekend. People are surprised to see me, but I tell them that I do not ever want to start thinking like the Beltway mentality up here. For that reason, I was delighted to participate and was a bit encouraged that the Senate passed a version of the bill that we passed here, actually that we passed to protect children. Whether there is a conference committee or whether it is just something that is worked out between the two chairmen of the Judiciary Committees, the Senate chairman and our chairman here, certainly remains to be seen. But let us make no mistake: we want to make sure that we protect our children.
I am so glad that you have included that issue in this suburban agenda. My hat is off to you, and I am sure that all of the suburban areas that we represent and yours will be very, very happy that we have taken these issues on.
I thank the gentleman for yielding.
Clay Shaw has introduced a bill called 401-kids. What it does is it gives young families the opportunity to save for college for the education expenses of their children tax-free. It is an awfully good idea and one that many, many people are looking forward to taking advantage of.
You know, when children are first born, you tend to think, Oh, it's going to be so long, but as those of us whose children have grown now, the time does fly by. So the best way to save, certainly whether it is a parent or a grandparent, is by using a system similar to that which many working people use, a 401(k) program.
Mr. Shaw's bill is one that allows you to set aside money tax-free so it can grow, so it can help to pay for the education of our children. And it is one that I have heard a lot of support for in my district. We want to make sure that not only parents, but grandparents also can participate in setting aside some money for the future education of the generation who will be in college 18 years from now, or sooner.
One of the things that I wanted to also comment on, if you would allow me, is if you put in the word ``gangs'' and your State into a search engine, it is absolutely astonishing. Coming from Florida, people may think that AARP is the only gang in town. I can assure you that it is not. When we put this information in, we got three-and-a- half pages of gangs that were listed. This is a problem for local law enforcement.
Yesterday, I actually spoke to a man whose son was killed by a gang in Pasco County. I assured him, and he hasn't heard anything from law enforcement, this happened within the last month, that law enforcement is not sitting by idly. Certainly they are involved with it, because it also goes over into the hate crimes area. And the sheriff and the FBI were all involved in this.
Unfortunately, these gangs have no morals, they have no respect for life, and they are taking the lives and terrorizing many, many communities. That is an area that the Suburban Caucus is also focusing on and one that is very, very long overdue.
As I say, if you put in your State and the word ``gangs,'' you would be absolutely amazed. Who would have thought that this would happen in Florida?
Mr. Speaker, how much time remains on the two sides? Mr. Speaker, I yield 3 minutes to my distinguished friend from Washington (Mr. Inslee). (Mr. INSLEE asked and was given permission to revise and…
Mr. Speaker, how much time remains on the two sides?
Mr. Speaker, I yield 3 minutes to my distinguished friend from Washington (Mr. Inslee).
(Mr. INSLEE asked and was given permission to revise and extend his remarks.)
Mr. Speaker, I yield myself 6 minutes.
Mr. Speaker, I oppose these Internet predators. My good friend, for whom I have great respect, the chairman of this subcommittee from Michigan, opposes them. Everybody else in the Chamber opposes them. Every right-thinking and decent American opposes this practice. What we need, however, is good legislation which will address the problem. What we need is legislation which will be effective.
The Committee on Energy and Commerce had a number of hearings on these matters. It is interesting to note that, in the process of that, you can't find anything about there being a problem at schools and libraries. Now, this legislation has attracted both the strong opposition of the schools and the libraries and the Chamber of Commerce, which points out to us that this bill needs more work. In other words, Mr. Speaker, this bill is not ready for prime time.
The unfortunate thing about this legislation is that, rather than dealing with the real problem, which is kids and young people who are making these communications with sexual predators from their own home or their own den or from their own basement or from their own room, it deals with schools and libraries. Now, that is very fine if we had some record which would show that this is a real problem or that there is not a better cure somewhere else, which in fact there is.
The regrettable thing about this legislation is its rush to the floor. I can't tell whether it is a bunch of Republicans who are panicky about the next election or whether it is a situation in which everybody is trying to rush to get out of town to go on an August vacation. But the simple fact of the matter is this legislation is not going to do anything to stop the abuses about which there is a very legitimate complaint.
So here we are passing legislation, I suspect, to help some of my panicky Republican colleagues save themselves in a difficult election, or which will let people go home and say, oh, look what we did. But this process has not only been flawed, it has guaranteed that the matters that we discuss now do not really address the situation which confronts us.
And worse than that, we are going to be right back here at some future time, after the folks at home tell us what a sorry job we did in dealing with this matter. Because the problem of sexual predators continuing to work the young people is going to continue under this legislation, unabated; and we are going to come back here with red faces and say how we have made a mistake and we have to do more.
The simple fact of the matter is this legislation was sprung on us. I am told that it was written last night. We barely saw it before the process on the floor started. And the committee process, which enables us to look at legislation in a sound and responsible way, and the committee process, which enables us to work together to put good legislation on the floor, legislation which is carefully thought out and which the wisdom of all of the Members is brought to bear on the question, is not something which we find in the process in which we are now engaged.
So now we are on the floor with a piece of legislation poorly thought out, with an abundance of surprises, which carries with it that curious smell of partisanship and panic, but which is not going to address the problems.
We have a piece of legislation on which we have less than an hour to talk, and we have no opportunity whatsoever to amend the proposal. We can vote ``yes'' or we can vote ``no.'' Well, most Members, I suspect, will do the politically wise thing, and I will join them in it, and that is, I am going to hold my nose and vote for this legislation in the full awareness that it is not going to address the problem at all and that it is a political placebo for a very, very, serious problem.
This is, essentially, a shin plaster on a cancer. This is a piece of legislation which is going to be notorious for its ineffectiveness and, of course, for its political benefits to some of the Members hereabout.
It is, in a nutshell, Mr. Speaker, going to be as useful as side pockets on a cow in addressing the problem about which we are all deeply concerned, where we have a duty to our constituents to legislate strongly and well and where we have a duty to have an open process to hear the comments of our people, those that we serve, about what the legislation does to find out how we do the best job of serving the American people. Those events are absolutely not to be found in the history of this legislation.
I really regret that my colleagues on the other side have chosen to behave this way, but it seems to be a characteristic of this House under the leadership with which we are afflicted. Good legislation is withheld, poor legislation is written, and the opportunity for the people to be heard or for the legislation to be protected is totally unavailable.
The process stinks. The legislation is weak. The legislation will be ineffective, it will accomplish nothing, and we will all share red faces about this bumbling endeavor.
Mr. Speaker, I yield back the balance of my time.
Mr. Speaker, I want to thank Chairman Joe Barton and Subcommittee Chairman Fred Upton for their leadership in shepherding this legislation, the Deleting Online Predators Act, from the Energy and…
Mr. Speaker, I want to thank Chairman Joe Barton and Subcommittee Chairman Fred Upton for their leadership in shepherding this legislation, the Deleting Online Predators Act, from the Energy and Commerce Committee to the floor today. I want to especially thank Congressman Mark Kirk and all of the members of the Suburban Caucus for the commitment they have shown in addressing the needs of American families in the suburbs.
Monitoring our children's use of emerging technologies is a huge task for parents across the Nation, and the Internet remains the focus of many parents' concerns. The growth of the Internet has opened the door to many new applications that tear down the walls that once prevented communication across vast distances. One set of applications in particular has created a huge following online, but have also created an equal amount of danger, and they are social networking sites.
Social networking sites, best known by the popular examples of MySpace, Friendster and Facebook, have literally exploded in popularity in just a few short years. MySpace alone has over 90 million users and it is growing every day. While these sites were designed to allow their users to share virtual profiles of themselves to friends and like- minded users, the sites at most have become a haven for online sexual predators who have made these corners of the Web their own virtual hunting ground.
The dangers our children are exposed to by these sites is clear and compelling. According to a study conducted by the National Center for Missing and Exploited Children, in 1998, there were 3,267 tips reporting child pornography. Since then, the number has risen by over 3,000 percent to an outstanding 106,119 tips in 2004.
The Department of Justice recognizes child pornography as a precursor for pedophiles and is often linked to online predators. According to Attorney General Gonzales, one in five children has been approached sexually on the Internet. Mr. Speaker, one in five. Worse still, a survey conducted by the Crimes Against Children Research Center found that less than one in four children told their parents about the sexual solicitation they received.
On their face, these numbers are startling. Even more startling, however, has been the visual evidence offered to millions of Americans through the news outlets like NBS Dateline's ``To Catch a Predator'' series. Throughout his investigations, Chris Hansen proved time and again with disturbing regularity that child predators are ready and willing and able to approach the prey they stalk online.
What would have happened in these circumstances if the children these predators were to meet were not decoys and Chris Hansen was not there? How many assaults, rapes and ruined lives would have resulted in these encounters?
Mr. Speaker, the fact, however disturbing it may be, is that child predators have harnessed the power and anonymity that social networking sites provide to hunt their prey.
I want to make the intention very clear about my legislation. This legislation is directed at limiting the access of minors to chat rooms and social networking sites in public schools and libraries receiving Federal universal service funding. My legislation is not designed to limit speech or infringe on the rights of law-abiding adults.
Under H.R. 5319, schools may disable protection measures in order to allow use by students with adult supervision for educational purposes. In addition, libraries may disable protection measures to allow use by children with parental authorization. Nothing will ever prevent adults from using these sites in schools and libraries. Most importantly, children would remain able to use these sites at home under the supervision of their parents.
This legislation is not a substitute for parental supervision, which remains the first line of defense for our children's safety. That is why H.R. 5319 would require the Federal Trade Commission to create a Web site and issue consumer alerts to inform parents, teachers and school officials about the potential dangers on the Internet, specifically online sexual predators and their ability to contact children through social networking sites and chat rooms.
Mr. Speaker, this bill is only part of the solution. I fear that no one law can stop the threat from sexual predators. Instead, it will take the combined commitment of the Congress, the Department of Justice, as well as State and local law enforcement to track, investigate and prosecute these offenders. Congress must stand with law enforcement to provide them with the tools that they need to accomplish this goal.
Finally, I stood with Representative Nancy Johnson to add $3.3 million for the FBI's Innocent Images Program, the FBI's anchor program for its effort to stop online sexual predators. I wrote to Chairman Wolf to increase funding for the Internet Crimes Against Children Task Force and for the addition of 26 new U.S. Attorney positions to increase the rate of child exploitation prosecutions. I am committed to combating this growing threat, and I call on my colleagues to help me in this fight, and to do so now before the start of a new school year.
Mr. Speaker, on that I demand the yeas and nays.
Mr. Speaker, to respond to my Democratic colleague, I agree with her that parents cannot be with their children all of the time, but sexual predators should not be with the children at any time, and…
Mr. Speaker, to respond to my Democratic colleague, I agree with her that parents cannot be with their children all of the time, but sexual predators should not be with the children at any time, and that is the principle by which this legislation stands. Americans have a right to send their children to safe schools and libraries.
In Lake County, Illinois, we have seen what can happen when Internet predators make contact with children. Last October, Joseph Caprigno molested a 14-year-old boy that he met on the Internet. Caprigno, a 40- year-old man, arranged to meet the boy in a 7-11 parking lot through an Internet chat room.
In January, a 20-year-old man, Michael Zbonski, molested a 16-year- old he met on MySpace.com. Frighteningly, he not only communicated with this girl for 2 years via MySpace, he also admitted to sexual relationships with one of the victim's underage friends.
The Deleting Online Predators Act is a commonsense piece of legislation that empowers parents to play a more active role in their children's activities online. This bill calls on the Federal Trade Commission to issue consumer alerts and to establish a unique Web site to better educate parents as to the dangers posed from Internet predators. Parents are the first and most important line of defense against these predators, but it is imperative to arm them with timely and accurate information to protect their children.
This bill also requires schools to prevent children from accessing social networking sites and chat rooms unless they are doing so for legitimate educational purposes under adult supervision. We have invested hundreds of millions of dollars across America in locking school doors and controlling the access to children. This bill takes the commonsense step to make sure that predators cannot sneak in through the library computer.
Our legislation also requires public libraries to provide the same levels of protection to children. I believe this is an entirely appropriate action to help parents determine where their children go and what they do online. It seems foolish for the taxpayer to subsidize what amounts to a loophole that sexual predators can exploit.
Mr. Speaker, Lake County offers one other case that plainly demonstrates the need for this legislation. The Lake County State's Attorney recently filed aggravated criminal sexual abuse charges against two teachers who were accused of soliciting and arranging to molest underage students at a school where they were taught. Jason Glick and James Lobitz didn't just molest two underage students, they arranged to do so using school-owned computer equipment and resources during school hours. The cases against Jason Glick and James Lobitz are still pending, but by passing this bill today we send a message to parents that we will close every loophole sexual predators will use to roam the virtual halls at school.
Mr. Speaker, this is the second suburban agenda bill to pass the House. Tomorrow, Representative Jon Porter's bill will become law, allowing schools to check national felon databases before hiring a coach or a teacher. Tomorrow, we will take up a third suburban agenda item, accelerating the deployment of fully electronic medical records for all Americans.
Mr. Speaker, by tomorrow night, half of the suburban agenda legislation will have passed the House of Representatives. But today I want to thank Chairman Barton, Chairman Upton, and Congresswoman Melissa Bean for their help on a bipartisan basis in supporting this legislation. I also want to thank Howard Waltzman of the committee staff for his invaluable assistance. But, most importantly, I want to thank the gentleman from Pennsylvania (Mr. Fitzpatrick) for becoming an outstanding leader of protecting American children from online predators.
Mr. Speaker, I will just say, also, this legislation responds to a
rapidly growing phenomenon in America. Over 25 million American children have their personal data on these sites. These sites are now the number one sites on the Internet, and we are applying a tried and true principle of our jurisprudence, now 800 years old, that when you make money off of children, as these sites do, we have always recognized a higher duty of care in the protection of children, and that is the principle that this legislation stands for.
Mr. Speaker, I yield myself such time as I may consume; and I rise in support of this legislation. I do so simply to move this process along and to indicate to families across the country that…
Mr. Speaker, I yield myself such time as I may consume; and I rise in support of this legislation. I do so simply to move this process along and to indicate to families across the country that protecting children from online exploitation and from child predators is a serious issue that warrants attention.
This is an issue upon which Democrats and Republicans agree, because these issues affect families regardless of party affiliation. I do not, however, believe that this legislation will actually adequately address these issues, nor do I support the way in which this bill was brought to the floor today.
The hearing that we had on this bill highlighted several serious deficiencies and won't be effective in combating online predators. The Attorney General from Texas, for example, testified that just going after schools and libraries wouldn't achieve a whole lot. The initial bill would have had the Federal Government create a blacklist of forbidden Web sites. A law enforcement official and an Internet security expert testified that the bill would do little to protect children.
So how did the majority react to problems highlighted in the hearing? They decided to skip a subcommittee and a full committee markup. They opted to rewrite this bill without public input or consultation with the Democratic side, and they decided to rush it to the floor today.
Not surprisingly, the bill continues to have several flaws. It remains overbroad and ambiguous. I continue to have reservations about utilizing the e-rate funding mechanism as the legislative hook for Federal involvement in this area. That is because the e-rate program was not designed to be a cop on the beat in the front lines battling child predators. Rather, it was designed to enhance Internet access and bridge the digital divide.
As a result, it is a program which may not help us assist all K-12 schools at any time or individual schools in every funding cycle. In other words, if the goal is protecting children and combating child exploitation, why should these requirements only apply in schools receiving e-rate funding?
And this bill does nothing for families when the kids online are at home. If the goal is to address the issue of online predators, this bill proposes an ineffectual remedy.
Moreover, the whole process by which this bill was brought to the floor today puts in jeopardy the prospects of legislating successfully on a serious issue.
Mr. Speaker, I believe that parents need and deserve better education and tools to protect their children, and the Democrats stand ready to work with our colleagues when they feel they are ready to truly address this issue with proposals that are meaningful and enforceable.
In that spirit, I intend to vote for this bill in order to move the process forward, but ultimately, I think that
we will need to explore other additional solutions and further revisions.
Mr. Dingell, the ranking member of the full Energy and Commerce Committee, will be here in a few moments in order to speak to these issues of concern as well. I thank you for your attention.
Mr. Speaker, I reserve the balance of my time.
Mr. Speaker, I yield 3 minutes to the gentleman from Michigan (Mr. Stupak), a member of the committee.
Mr. Speaker, I yield 4 minutes to the gentlewoman from California (Ms. Watson).
Mr. Speaker, I hate to spoil this garden party, but this is not, in truth, suburban legislation, it is substandard legislation. And the reason for that is that it is, in effect, a good press release,…
Mr. Speaker, I hate to spoil this garden party, but this is not, in truth, suburban legislation, it is substandard legislation. And the reason for that is that it is, in effect, a good press release, but it is not effective legislation addressing a huge problem threatening our children.
The reason I say that is, after sitting through many hearings in the Commerce Committee about this enormous problem, I reached one conclusion. After listening to those thousands of children who are being abused on these horrendous occasions across this country, I concluded that this legislation would not save one single child one single time.
What we learned is that the problem is not in our schools. These kids are not hanging in the library with these sexual predators. They are hanging around in their dens, in their basements, in their living rooms, and in their upstairs bedrooms. That is where we have to get to the problem.
If you look at the problem here on this chart, only 10 percent of the abused kids are online and hardly any of them from schools. A tiny, tiny, infinitesimal portion. This will not solve the problem.
Now, there are things we can do, but, unfortunately, this legislation doesn't do a single one of them. I used to prosecute cases, so I know a little bit about law enforcement. I raised three kids, so I know a little bit about the terror of worrying about your children. But what this legislation does not do is the three things we need to do.
Number one, we have to give resources to law enforcement to prosecute these horrendous monsters. We had detective after detective come to our hearings and say, give us some money; we can prosecute these people. This doesn't give them a penny.
Number two, we need to protect the data. What the detectives told us is that this data, once it disappears, they can't find the culprits. Now we could require the data to be maintained for a year or two, like we are trying to do. This bill doesn't do that.
Third, what this bill could do is provide some real meaningful tools for our schools to educate our children on how to avoid these monsters on the Internet. This doesn't do that.
The three effective things that we could do to really save our kids is not done in this legislation.
Now, why is this such a pathetic wave at trying to do something? Why has Congress failed so miserably here? There is a reason for that. The reason is we want press releases, without having to do the hard work to do legislation. That is why we didn't go through the Commerce Committee to have a markup on this bill so they could rush
this thing to the floor and have their suburban agenda.
Well, speaking as a parent who represents 650,000 people, and probably 200,000 parents in suburbia, I think suburban parents, urban parents, rural parents, big-city parents and little-city parents deserve real legislation to stomp out the monstrosity that is going on on the Internet and not these little press releases. We can't go home and just say that we are heroes without having really done something.
When I go home, I am going to tell my constituents that, yes, maybe there are some headlines, but there wasn't real relief. And I look forward to the day when this Congress gets down to the nitty-gritty and really does something about this terrible problem.
Mr. Speaker, I rise today in opposition to H.R. 5319, the Deleting Online Predators Act, because it sends the wrong message to our children, our parents, teachers and librarians. The bill would curb…
Mr. Speaker, I rise today in opposition to H.R. 5319, the Deleting Online Predators Act, because it sends the wrong message to our children, our parents, teachers and librarians. The bill would curb Internet usage as a means to protect children, a counterproductive method to achieving such an important goal.
Rather than restricting Internet usage, parents, teachers and librarians need to teach children how to use our ever changing technology. The information age in which we live offers so much potential to our children, if they know how to use it.
Last month, I met with Sister Elizabeth Thoman, one of my constituents, who founded the Center for Media Literacy. It is an organization that creates and implements innovative tools to educate children on the art of media literacy. Just like students need to know how to differentiate between good research and bad research on Web sites, they need to know how to utilize chat rooms and other media so they will not become victims of online predators. Her ``Media Lit Kit/A Framework for Learning and Teaching in a Media Age'' is offered in the Los Angeles Unified School District with much success. It is also available on her Web site free of charge.
Rather than adding an extra administrative task to already overworked teachers and librarians, we should be providing grant moneys to implement programs like Sister Thoman's so our children can learn right from wrong and good information from bad information.
Yes, safeguards for our children need to be in place.
MySpace.com is working to create tougher controls for adults to e- mail children. Yes, we need to fully fund police departments across the Nation to monitor online predators; and, yes, consumer alerts and learning tools need to be offered to parents and teachers alike to inform students of the dangers of the Internet; and, yes, parents and teachers and librarians need to take an active role in monitoring students; but a law aimed at universal service-run schools is not the answer. It is parents and teachers and librarians who should decide where children in their care should be able to access.
As another constituent in my district pointed out in a recent e-mail, school districts and libraries already have the power to block access to social networking sites and chat rooms, and many of them have done so already. I worry that a bill of this magnitude will send us down the slippery slope of legislating even more Web sites and infringing on our right to information.
We live in busy times, and I know many homes in my district and across the Nation are single-parent households, with some parents working two or even three jobs. I understand parents can't be with their children all the time, but it is the responsibility of parents and teachers and librarians to impose rules in their own homes and schools. Just like teaching children how to cross the street to avoid hazards, parents need to be able to teach their children how to cross an Internet Web site without getting hit.
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Mr. Speaker, I rise today as a cosponsor of H.R. 5319, the Deleting Online Predators Act. As a mother of four and a grandmother of six, the safety of our children is a priority of mine. When most of…
Mr. Speaker, I rise today as a cosponsor of H.R. 5319, the Deleting Online Predators Act.
As a mother of four and a grandmother of six, the safety of our children is a priority of mine. When most of us were children, our parents told us to never talk to strangers. Now as parents and grandparents, our message must change with technology to include strangers on the Internet.
We all were horrified by the story of the teenage girl from Michigan who traveled across the world to the West Bank town of Jericho to meet a man she had been communicating with on the networking Web site, MySpace.com. Even worse are stories that involve internet pedophiles preying on children from all over the Nation, including my district.
Naperville, a city that has twice been voted by Money Magazine as the Top City in the Nation to Raise Children, has witnessed two high profile cases in the last three months involving young teenagers and men they have met on MySpace.com.
It is easy to see why networking Web sites are popular among teens. A recent poll by the Pew Internet & American Life Project shows that 87 percent of those aged 12 to 17 use the Internet on a regular basis. Of this 87 percent, approximately 61 percent report having personal profiles on networking Web sites like MySpace, Facebook or Xanga. These profiles contain photographs, e-mail addresses, hobbies as well as other personal information that would be easy for a child predator to manipulate.
With more than 90 million users, MySpace.com and other networking Web sites have become new hunting grounds for child predators. Something clearly has to be done. This bill is a good start. At least let's give parents some comfort that their children won't fall prey while using the Internet at schools and libraries that receive Federal funding for Internet services. That is why I urge all Members to support H.R. 5319, the Deleting Online Predators Act.
Mr. Speaker, I want to thank Mr. Upton for his work on this bill. As co-founder of the Victims Rights Caucus, I strongly support this bill. Our Attorney General Gonzales says that one out of every…
Mr. Speaker, I want to thank Mr. Upton for his work on this bill.
As co-founder of the Victims Rights Caucus, I strongly support this bill. Our Attorney General Gonzales says that one out of every five children in America is approached sexually on the Internet. In recent months, Congress and the national news media have put intense focus on the problem of Internet predators. Parents obviously have a responsibility to monitor what their kids see at home, but they leave home. They go to school, they go to libraries, and this bill helps parents parent better.
Social networking sites such as MySpace and chat rooms have allowed sexual predators to sneak into homes and solicit kids, and this bill requires schools and libraries to establish those protections to prevent children from accessing MySpace and chat rooms while in school and libraries unless parents are there or unless there is supervision.
The bill also requires the Federal Trade Commission to issue consumer alerts and establish a Web site alerting and educating parents and teachers about Internet sexual predators. Those people live among us. They prey on our youngest, our children, and they will do anything in their power to solicit those children.
So this raises the awareness and the protection of our children, and I strongly support this bill.
Mr. Speaker, I rise today in support of H.R. 5319, a bill that would amend the Communications Act of 1934 to require schools and libraries that receive universal service support to prohibit and block…
Mr. Speaker, I rise today in support of H.R. 5319, a bill that would amend the Communications Act of 1934 to require schools and libraries that receive universal service support to prohibit and block access to social networking websites and chat rooms. In doing so, H.R. 5319 will protect adolescents from communicating with potentially harmful strangers. The bill will prevent adolescents from accessing obscene or indecent material and also from illegal, online sexual advances from strangers. Thus, the bill will help to safeguard our children, and put simply, will prevent them from accessing any material that is potentially harmful.
As many of you may know from watching ``Dateline'' NBC's ``To Catch a Predator,'' the United States has a countless number of sexual predators. It is very hard to profile a sexual predator, and it is also very hard to cure one. This is why H.R. 5319 is a necessity; it will tackle this mammoth issue by preventing any kind of potentially harmful communication with strangers in school networking sites and chat rooms. I believe that it is hard to keep sexual predators away from our children, but with this bill, it will be easy to keep our children away from sexual predators.
I strongly support H.R. 5319, and I urge my colleagues to join me in supporting it.
Mr. Speaker, I rise in strong support of H.R. 5319, the Deleting Online Predators Act. I am a cosponsor of this legislation, which requires schools and libraries to monitor the internet activities…
Mr. Speaker, I rise in strong support of H.R. 5319, the Deleting Online Predators Act.
I am a cosponsor of this legislation, which requires schools and libraries to monitor the internet activities and implement technology to protect children from accessing commercial social networking sites like MySpace.com and chat rooms that provide an avenue for dangerous individuals to make personal contact with unsuspecting underage children.
The popularity of social network sites have soared, especially among our children, in recent years. These sites allow users to post photos, chat and interact with other users online.
However, the popularity of these sites have also become a haven for child predators. A recent Department of Justice study found that one in five children received an unwanted solicitation online.
This legislation takes an important step towards protecting our children from these online predators. The bill will still allow teens to access social networking sites under their parent's supervision, and yet protects them when they are online alone. The rise in online solicitations by child predators must be countered by a strong response, and H.R. 5319 takes such action.
Mr. Speaker, I urge my colleagues to support this legislation.
Mr. Speaker, today the House Energy and Commerce Committee will take up H.R. 5319, the Deleting Online Predators Act of 2006, sponsored by the gentleman from Pennsylvania (Mr. Fitzpatrick). As an…
Mr. Speaker, today the House Energy and Commerce Committee will take up H.R. 5319, the Deleting Online Predators Act of 2006, sponsored by the gentleman from Pennsylvania (Mr. Fitzpatrick).
As an original cosponsor of the measure, I urge my colleagues to give it their strongest support. As a mother and grandmother, like other parents, I am horrified by the statistics.
Mr. Speaker, 20 percent of young people have been approached online with unwanted sexual advances. Naperville, Illinois, a city in my district that has twice been voted by Money magazine as the top city in the Nation to raise children, has witnessed two high-profile cases in the past 2 months. Thanks to the Naperville police and the Illinois State Police, the two crimes were uncovered before the predators met the children.
In Michigan, one minor had traveled halfway around the world to meet a man in the West Bank town of Jericho that she met on the networking Web site MySpace.com.
As children, many of us were taught never to talk to strangers. As parents and grandparents, our message must change with technology to include strangers on the Internet.
Mr. Speaker, I rise today in support of legislation that could protect innocent children across our great Nation. H.R. 5319, the Deleting Online Predators Act, introduced by the gentleman from…
Mr. Speaker, I rise today in support of legislation that could protect innocent children across our great Nation. H.R. 5319, the Deleting Online Predators Act, introduced by the gentleman from Pennsylvania (Mr. Fitzpatrick), gives parents, teachers and school officials new tools in their effort to protect our children from online sexual predators.
Just this week back in my district in Tavares, Florida, prosecutors are picking a jury to try the case of John Couey, the man accused of raping and killing 9-year-old Jessica Lunsford.
Sexual predators like John Couey not only stalk our children on the playground and at the mall, but also over the Internet on Web sites like MySpace.com.
I commend the gentleman from Pennsylvania (Mr. Fitzpatrick) for bringing attention to these Internet predators and thank the Energy and Commerce Committee for holding hearings on this bill.
Bill Text
3 versions available
[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5319 Referred in Senate (RFS)]
109th CONGRESS
2d Session
H. R. 5319
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
July 27 (legislative day, July 26), 2006
Received; read twice and referred to the Committee on Commerce,
Science, and Transportation
_______________________________________________________________________
AN ACT
To amend the Communications Act of 1934 to require recipients of
universal service support for schools and libraries to protect minors
from commercial social networking websites and chat rooms.
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 ``Deleting Online Predators Act of
2006''.
SEC. 2. FINDINGS.
The Congress finds that--
(1) sexual predators approach minors on the Internet using
chat rooms and social networking websites, and, according to
the United States Attorney General, one in five children has
been approached sexually on the Internet;
(2) sexual predators can use these chat rooms and websites
to locate, learn about, befriend, and eventually prey on
children by engaging them in sexually explicit conversations,
asking for photographs, and attempting to lure children into a
face to face meeting; and
(3) with the explosive growth of trendy chat rooms and
social networking websites, it is becoming more and more
difficult to monitor and protect minors from those with devious
intentions, particularly when children are away from parental
supervision.
SEC. 3. CERTIFICATIONS TO INCLUDE PROTECTIONS AGAINST COMMERCIAL SOCIAL
NETWORKING WEBSITES AND CHAT ROOMS.
(a) Certification by Schools.--Section 254(h)(5)(B) of the
Communications Act of 1934 (47 U.S.C. 254(h)(5)(B)) is amended by
striking clause (i) and inserting the following:
``(i) is enforcing a policy of Internet
safety for minors that includes monitoring the
online activities of minors and the operation
of a technology protection measure with respect
to any of its computers with Internet access
that--
``(I) protects against access
through such computers to visual
depictions that are--
``(aa) obscene;
``(bb) child pornography;
or
``(cc) harmful to minors;
and
``(II) protects against access to a
commercial social networking website or
chat room unless used for an
educational purpose with adult
supervision; and''.
(b) Certification by Libraries.--Section 254(h)(6)(B) of such Act
(47 U.S.C. 254(h)(6)(B)) is amended by striking clause (i) and
inserting the following:
``(i) is enforcing 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--
``(I) protects against access
through such computers to visual
depictions that are--
``(aa) obscene;
``(bb) child pornography;
or
``(cc) harmful to minors;
and
``(II) protects against access by
minors without parental authorization
to a commercial social networking
website or chat room, and informs
parents that sexual predators can use
these websites and chat rooms to prey
on children; and''.
(c) Definitions.--Section 254(h)(7) is amended by adding at the end
the following new subparagraph:
``(J) Commercial social networking websites; chat
rooms.--Within 120 days after the date of enactment of
the Deleting Online Predators Act of 2006, the
Commission shall by rule define the terms `social
networking website' and `chat room' for purposes of
this subsection. In determining the definition of a
social networking website, the Commission shall take
into consideration the extent to which a website--
``(i) is offered by a commercial entity;
``(ii) permits registered users to create
an on-line profile that includes detailed
personal information;
``(iii) permits registered users to create
an on-line journal and share such a journal
with other users;
``(iv) elicits highly-personalized
information from users; and
``(v) enables communication among users.''.
(d) Disabling During Adult or Educational Use.--Section
254(h)(5)(D) of such Act is amended--
(1) by inserting ``or educational'' after ``during adult''
in the heading; and
(2) by inserting before the period at the end the
following: ``or during use by an adult or by minors with adult
supervision to enable access for educational purposes pursuant
to subparagraph (B)(i)(II)'' .
SEC. 4. FTC CONSUMER ALERT ON INTERNET DANGERS TO CHILDREN.
(a) Information Regarding Child Predators and the Internet.--Not
later than 180 days after the date of enactment of this Act, the
Federal Trade Commission shall--
(1) issue a consumer alert regarding the potential dangers
to children of Internet child predators, including the
potential danger of commercial social networking websites and
chat rooms through which personal information about child users
of such websites may be accessed by child predators; and
(2) establish a website to serve as a resource for
information for parents, teachers and school administrators,
and others regarding the potential dangers posed by the use of
the Internet by children, including information about
commercial social networking websites and chat rooms through
which personal information about child users of such websites
may be accessed by child predators.
(b) Commercial Social Networking Websites.--For purposes of the
requirements under subsection (a), the terms ``commercial social
networking website'' and ``chat room'' have the meanings given such
terms pursuant to section 254(h)(7)(J) of the Communications Act of
1934 (47 U.S.C. 254(h)(7)(J)), as amended by this Act.
Passed the House of Representatives July 26, 2006.
Attest:
KAREN L. HAAS,
Clerk.