 CHAPTER 70--STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND SECONDARY 
                                 SCHOOLS
 
                SUBCHAPTER III--TECHNOLOGY FOR EDUCATION
 
     Part F--Limitation on Availability of Certain Funds for Schools
 
Sec. 7001. Limitation on availability of certain funds for 
        schools
        

(a) Internet safety

                           (1) In general

        No funds made available under this subchapter to a local 
    educational agency for an elementary or secondary school that does 
    not receive services at discount rates under section 254(h)(5) of 
    title 47 may be used to purchase computers used to access the 
    Internet, or to pay for direct costs associated with accessing the 
    Internet, for such school unless the school, school board, local 
    educational agency, or other authority with responsibility for 
    administration of such school both--
            (A)(i) has in place a policy of Internet safety for minors 
        that includes the operation of a technology protection measure 
        with respect to any of its computers with Internet access that 
        protects against access through such computers to visual 
        depictions that are--
                (I) obscene;
                (II) child pornography; or
                (III) harmful to minors; and

            (ii) is enforcing the operation of such technology 
        protection measure during any use of such computers by minors; 
        and
            (B)(i) has in place a policy of Internet safety that 
        includes the operation of a technology protection measure with 
        respect to any of its computers with Internet access that 
        protects against access through such computers to visual 
        depictions that are--
                (I) obscene; or
                (II) child pornography; and

            (ii) is enforcing the operation of such technology 
        protection measure during any use of such computers.

           (2) Timing and applicability of implementation

        (A) In general

            The local educational agency with responsibility for a 
        school covered by paragraph (1) shall certify the compliance of 
        such school with the requirements of paragraph (1) as part of 
        the application process for the next program funding year under 
        this chapter following the effective date of this section, and 
        for each subsequent program funding year thereafter.

        (B) Process

            (i) Schools with Internet safety policies and 
                    technology protection measures in place

                A local educational agency with responsibility for a 
            school covered by paragraph (1) that has in place an 
            Internet safety policy meeting the requirements of paragraph 
            (1) shall certify its compliance with paragraph (1) during 
            each annual program application cycle under this chapter.
            (ii) Schools without Internet safety policies and 
                    technology protection measures in place

                A local educational agency with responsibility for a 
            school covered by paragraph (1) that does not have in place 
            an Internet safety policy meeting the requirements of 
            paragraph (1)--
                    (I) for the first program year after the effective 
                date of this section in which the local educational 
                agency is applying for funds for such school under this 
                chapter, shall certify that it is undertaking such 
                actions, including any necessary procurement procedures, 
                to put in place an Internet safety policy that meets 
                such requirements; and
                    (II) for the second program year after the effective 
                date of this section in which the local educational 
                agency is applying for funds for such school under this 
                chapter, shall certify that such school is in compliance 
                with such requirements.

          Any school covered by paragraph (1) for which the local 
            educational agency concerned is unable to certify compliance 
            with such requirements in such second program year shall be 
            ineligible for all funding under this subchapter for such 
            second program year and all subsequent program years until 
            such time as such school comes into compliance with such 
            requirements.
            (iii) Waivers

                Any school subject to a certification under clause 
            (ii)(II) for which the local educational agency concerned 
            cannot make the certification otherwise required by that 
            clause may seek a waiver of that clause if State or local 
            procurement rules or regulations or competitive bidding 
            requirements prevent the making of the certification 
            otherwise required by that clause. The local educational 
            agency concerned shall notify the Secretary of the 
            applicability of that clause to the school. Such notice 
            shall certify that the school will be brought into 
            compliance with the requirements in paragraph (1) before the 
            start of the third program year after the effective date of 
            this section in which the school is applying for funds under 
            this subchapter.

                  (3) Disabling during certain use

        An administrator, supervisor, or person authorized by the 
    responsible authority under paragraph (1) may disable the technology 
    protection measure concerned to enable access for bona fide research 
    or other lawful purposes.

                          (4) Noncompliance

        (A) Use of General Education Provisions Act remedies

            Whenever the Secretary has reason to believe that any 
        recipient of funds under this subchapter is failing to comply 
        substantially with the requirements of this subsection, the 
        Secretary may--
                (i) withhold further payments to the recipient under 
            this subchapter,
                (ii) issue a complaint to compel compliance of the 
            recipient through a cease and desist order, or
                (iii) enter into a compliance agreement with a recipient 
            to bring it into compliance with such requirements,

        in same manner as the Secretary is authorized to take such 
        actions under sections 455, 456, and 457, respectively, of the 
        General Education Provisions Act [20 U.S.C. 1234d, 1234e, 
        1234f].

        (B) Recovery of funds prohibited

            The actions authorized by subparagraph (A) are the exclusive 
        remedies available with respect to the failure of a school to 
        comply substantially with a provision of this subsection, and 
        the Secretary shall not seek a recovery of funds from the 
        recipient for such failure.

        (C) Recommencement of payments

            Whenever the Secretary determines (whether by certification 
        or other appropriate evidence) that a recipient of funds who is 
        subject to the withholding of payments under subparagraph (A)(i) 
        has cured the failure providing the basis for the withholding of 
        payments, the Secretary shall cease the withholding of payments 
        to the recipient under that subparagraph.

                           (5) Definitions

        In this section:

        (A) Computer

            The term ``computer'' includes any hardware, software, or 
        other technology attached or connected to, installed in, or 
        otherwise used in connection with a computer.

        (B) Access to Internet

            A computer shall be considered to have access to the 
        Internet if such computer is equipped with a modem or is 
        connected to a computer network which has access to the 
        Internet.

        (C) Acquisition or operation

            A \1\ elementary or secondary school shall be considered to 
        have received funds under this subchapter for the acquisition or 
        operation of any computer if such funds are used in any manner, 
        directly or indirectly--
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    \1\ So in original. Probably should be ``An''.
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                (i) to purchase, lease, or otherwise acquire or obtain 
            the use of such computer; or
                (ii) to obtain services, supplies, software, or other 
            actions or materials to support, or in connection with, the 
            operation of such computer.

        (D) Minor

            The term ``minor'' means an individual who has not attained 
        the age of 17.

        (E) Child pornography

            The term ``child pornography'' has the meaning given such 
        term in section 2256 of title 18.

        (F) Harmful to minors

            The term ``harmful to minors'' means any picture, image, 
        graphic image file, or other visual depiction that--
                (i) taken as a whole and with respect to minors, appeals 
            to a prurient interest in nudity, sex, or excretion;
                (ii) depicts, describes, or represents, in a patently 
            offensive way with respect to what is suitable for minors, 
            an actual or simulated sexual act or sexual contact, actual 
            or simulated normal or perverted sexual acts, or a lewd 
            exhibition of the genitals; and
                (iii) taken as a whole, lacks serious literary, 
            artistic, political, or scientific value as to minors.

        (G) Obscene

            The term ``obscene'' has the meaning given such term in 
        section 1460 of title 18.

        (H) Sexual act; sexual contact

            The terms ``sexual act'' and ``sexual contact'' have the 
        meanings given such terms in section 2246 of title 18.

(b) Effective date

    This section shall take effect 120 days after December 21, 2000.

(c) Separability

    If any provision of this section is held invalid, the remainder of 
this section shall not be affected thereby.

(Pub. L. 89-10, title III, Sec. 3601, as added Pub. L. 106-554, 
Sec. 1(a)(4) [div. B, title XVII, Sec. 1711], Dec. 21, 2000, 114 Stat. 
2763, 2763A-337.)


                            Prior Provisions

    Prior sections 7001 to 7005 were repealed by Pub. L. 104-208, div. 
A, title I, Sec. 101(e) [title VII, Sec. 708(e)], Sept. 30, 1996, 110 
Stat. 3009-233, 3009-312.
    Section 7001, Pub. L. 89-10, title III, Sec. 3601, as added Pub. L. 
103-382, title I, Sec. 101, Oct. 20, 1994, 108 Stat. 3671, authorized 
elementary and secondary school library media resources program.
    Section 7002, Pub. L. 89-10, title III, Sec. 3602, as added Pub. L. 
103-382, title I, Sec. 101, Oct. 20, 1994, 108 Stat. 3671, related to 
allocation of funds to States.
    Section 7003, Pub. L. 89-10, title III, Sec. 3603, as added Pub. L. 
103-382, title I, Sec. 101, Oct. 20, 1994, 108 Stat. 3671, required 
State plans meeting certain criteria.
    Section 7004, Pub. L. 89-10, title III, Sec. 3604, as added Pub. L. 
103-382, title I, Sec. 101, Oct. 20, 1994, 108 Stat. 3672, related to 
distribution of allocations to local educational agencies.
    Section 7005, Pub. L. 89-10, title III, Sec. 3605, as added Pub. L. 
103-382, title I, Sec. 101, Oct. 20, 1994, 108 Stat. 3672, authorized 
appropriations.


            Disclaimers Regarding Internet Access and Privacy

    Pub. L. 106-554, Sec. 1(a)(4) [div. B, title XVII, Sec. 1702], Dec. 
21, 2000, 114 Stat. 2763, 2763A-336, provided that:
    ``(a) Disclaimer Regarding Content.--Nothing in this title [see 
Short Title of 2000 Amendments note set out under section 6301 of this 
title] or the amendments made by this title shall be construed to 
prohibit a local educational agency, elementary or secondary school, or 
library from blocking access on the Internet on computers owned or 
operated by that agency, school, or library to any content other than 
content covered by this title or the amendments made by this title.
    ``(b) Disclaimer Regarding Privacy.--Nothing in this title or the 
amendments made by this title shall be construed to require the tracking 
of Internet use by any identifiable minor or adult user.''


 Availability of Certain Funds for Acquisition of Technology Protection 
                                Measures

    Pub. L. 106-554, Sec. 1(a)(4) [div. B, title XVII, Sec. 1721(g)], 
Dec. 21, 2000, 114 Stat. 2763, 2763A-350, provided that:
    ``(1) In general.--Notwithstanding any other provision of law, funds 
available under section 3134 [20 U.S.C. 6844] or part A of title VI of 
the Elementary and Secondary Education Act of 1965 [20 U.S.C. 7311 et 
seq.], or under section 231 of the Library Services and Technology Act 
[20 U.S.C. 9141], may be used for the purchase or acquisition of 
technology protection measures that are necessary to meet the 
requirements of this title [see Short Title of 2000 Amendments note set 
out under section 6301 of this title] and the amendments made by this 
title. No other sources of funds for the purchase or acquisition of such 
measures are authorized by this title, or the amendments made by this 
title.
    ``(2) Technology protection measure defined.--In this section, the 
term `technology protection measure' has the meaning given that term in 
section 1703 [set out as a note under section 902 of Title 47, 
Telegraphs, Telephones, and Radiotelegraphs].''


                            Expedited Review

    Pub. L. 106-554, Sec. 1(a)(4) [div. B, title XVII, Sec. 1741], Dec. 
21, 2000, 114 Stat. 2763, 2763A-351, provided that:
    ``(a) Three-Judge District Court Hearing.--Notwithstanding any other 
provision of law, any civil action challenging the constitutionality, on 
its face, of this title [see Short Title of 2000 Amendments note set out 
under section 6301 of this title] or any amendment made by this title, 
or any provision thereof, shall be heard by a district court of three 
judges convened pursuant to the provisions of section 2284 of title 28, 
United States Code.
    ``(b) Appellate Review.--Notwithstanding any other provision of law, 
an interlocutory or final judgment, decree, or order of the court of 
three judges in an action under subsection (a) holding this title or an 
amendment made by this title, or any provision thereof, unconstitutional 
shall be reviewable as a matter of right by direct appeal to the Supreme 
Court. Any such appeal shall be filed not more than 20 days after entry 
of such judgment, decree, or order.''
