364
(b) CONFORMING AMENDMENT.—Section 11003(5)
of such Act (Public Law 105–33; 111 Stat. 717; D.C.
Code, sec. 1–761.2(5)) is amended by inserting after ‘‘ex-
cept as’’ the following: ‘‘provided under section 11012(e)
and as’’.
(c) EFFECTIVE DATE.—The amendments made by
this section shall apply with respect to Federal benefit
payments made after the date of the enactment of this
Act.
SEC. 909. EFFECTIVE DATE.
Except as provided in section 908(c), this title and
the amendments made by this title shall become effective
on the first day of the first pay period beginning 6 months
after the date of enactment.
TITLE X
DEPARTMENT OF HOUSING AND URBAN
DEVELOPMENT
ADMINISTRATIVE PROVISIONS
SEC. 1001. Section 206(d) of the Departments of
Veterans Affairs and Housing and Urban Development,
and Independent Agencies Appropriations Act, 2000 (42
U.S.C. 12701 note) is amended—
(1) in paragraph (1), by striking ‘‘V’’ and in-
serting ‘‘III’’; and
365
(2) in paragraph (4), by striking ‘‘reimburs-
able’’ and inserting ‘‘non-reimbursable’’.
SEC. 1002. For purposes of part 2, subpart B of the
Federal Housing Enterprises Financial Safety and Sound-
ness Act of 1992 (Public Law 102–550), notwithstanding
any other provision of law or regulation, for purposes of
measuring the extent of compliance with the housing goals
for the years 2001, 2002, and 2003, the Secretary of
Housing and Urban Development shall assign, in the case
of the Federal Home Loan Mortgage Corporation, 1.35
units of credit toward achievement of each housing goal
for each unit of multifamily housing (excepting units lo-
cated in properties having between 5 and 50 units) quali-
fying as affordable under such housing goal.
SEC. 1003. Notwithstanding any other provision of
law, neither the City of Toledo, Ohio, nor the Secretary
of Housing and Urban Development (HUD) is required
to enforce any requirements associated with Housing De-
velopment Grant number 00H006H6402 provided to the
City of Toledo, Ohio, that prohibit or restrict the conver-
sion of the rental units in the Beacon Place project to con-
dominium ownership: Provided, That the City of Toledo
and the Secretary of HUD are authorized to take any ac-
tions necessary to cause any such prohibition or restriction
to be removed from the appropriate land records and oth-
366
erwise terminated: Provided further, That converted units
shall remain available as rental housing to those persons,
including low- and very-low-income persons who presently
reside in the units: Provided further, That the conversion
proposal for Beacon Place apartments shall not reduce the
number of affordable housing units in Toledo: Provided
further, That any and all proceeds from such conversion
are used to retire debt associated with the Beacon Place
project or to rehabilitate the properties known as the
Cubbon Properties.
SEC. 1004. The Comptroller General of the United
States shall conduct a study on the following topics—
(a)(1) The adequacy of the capital structure of
the Federal Home Loan Bank (FHLB) System as
it relates to the risks posed by: (A) the traditional
advances business of the FHLB System; (B) the ex-
panded collateral provisions and permissible uses of
advances under the Gramm-Leach-Bliley Act of
1999; and (C) the MPF, and other programs pro-
viding for the direct acquisition of mortgages. The
analysis should examine the credit risk, interest rate
risk, and operations risk associated with each struc-
ture;
367
(2) The risks associated with further growth in
the direct acquisition of mortgages by the Federal
Home Loan Bank System; and
(3) A comparison of the risk-based capital
standard proposed by the Federal Housing Finance
Board for the Federal Home Loan Bank System to
the standard proposed by the Office of Federal
Housing Enterprise Oversight for the Federal Na-
tional Mortgage Association and the Federal Home
Loan Mortgage Corporation.
(b) Not later than 6 months after the date of
the enactment of this Act, the Comptroller General
shall submit to the Committee on Banking, Housing,
and Urban Affairs of the Senate and the Committee
on Banking and Financial Services of the House of
Representatives a report on the study required
under subsection (a).
TITLE XI
DEPARTMENT OF THE TREASURY
ADMINISTRATIVE PROVISION
SEC. 1101. HONORING THE NAVAJO CODE TALKERS.
(a) Congress finds that—
(1) on December 7, 1941, the Japanese Empire
attacked Pearl Harbor and war was declared by
Congress the following day;
368
(2) the military code, developed by the United
States for transmitting messages, had been deci-
phered by the Japanese, and a search by United
States intelligence was made to develop new means
to counter the enemy;
(3) the United States Government called upon
the Navajo Nation to support the military effort by
recruiting and enlisting 29 Navajo men to serve as
Marine Corps Radio Operators;
(4) the number of Navajo enlistees later in-
creased to more than 350;
(5) at the time, the Navajos were often treated
as second-class citizens, and they were a people who
were discouraged from using their own native lan-
guage;
(6) the Navajo Marine Corps Radio Operators,
who became known as the ‘‘Navajo Code Talkers’’,
were used to develop a code using their native lan-
guage to communicate military messages in the Pa-
cific;
(7) to the enemy’s frustration, the code devel-
oped by these Native Americans proved to be un-
breakable, and was used extensively throughout the
Pacific theater;
369
(8) the Navajo language, discouraged in the
past, was instrumental in developing the most sig-
nificant and successful military code of the time;
(9) at Iwo Jima alone, the Navajo Code Talkers
passed over 800 error-free messages in a 48-hour
period;
(10) use of the Navajo Code was so successful,
that—
(A) military commanders credited it in sav-
ing the lives of countless American soldiers and
in the success of the engagements of the United
States in the battles of Guadalcanal, Tarawa,
Saipan, Iwo Jima, and Okinawa;
(B) some Code Talkers were guarded by
fellow marines, whose role was to kill them in
case of imminent capture by the enemy; and
(C) the Navajo Code was kept secret for
23 years after the end of World War II;
(11) following the conclusion of World War II,
the Department of Defense maintained the secrecy
of the Navajo code until it was declassified in 1968;
and
(12) only then did a realization of the sacrifice
and valor of these brave Native Americans emerge
from history.
370
(b)(1) To express recognition by the United States
and its citizens in honoring the Navajo Code Talkers, who
distinguished themselves in performing a unique, highly
successful communications operation that greatly assisted
in saving countless lives and hastening the end of World
War II in the Pacific, the President is authorized—
(A) to award to each of the original 29 Navajo
Code Talkers, or a surviving family member, on be-
half of the Congress, a gold medal of appropriate de-
sign, honoring the Navajo Code Talkers; and
(B) to award to each person who qualified as a
Navajo Code Talker (MOS 642), or a surviving fam-
ily member, on behalf of the Congress, a silver
medal of appropriate design, honoring the Navajo
Code Talkers.
(2) For purposes of the awards authorized by para-
graph (1), the Secretary of the Treasury (in this section
referred to as the ‘‘Secretary’’) shall strike gold and silver
medals with suitable emblems, devices, and inscriptions,
to be determined by the Secretary.
(c) The Secretary may strike and sell duplicates in
bronze of the medals struck pursuant to this section,
under such regulations as the Secretary may prescribe,
and a price sufficient to cover the costs thereof, including
371
labor, materials, dies, use of machinery, and overhead ex-
penses, and the cost of the medals.
(d) The medals struck pursuant to this section are
national medals for purposes of chapter 51, of title 31,
United States Code.
(e)(1) There is authorized to be charged against the
United States Mint Public Enterprise Fund, such sums
as may be necessary to pay for the costs of the medals
authorized by this section.
(2) Amounts received from the sale of duplicate med-
als under this section shall be deposited in the United
States Mint Public Enterprise Fund.
TITLE XII
ENVIRONMENTAL PROTECTION AGENCY
ADMINISTRATIVE PROVISION
SEC. 1201. ABOVEGROUND STORAGE TANK GRANT PRO-
GRAM.
(a) DEFINITIONS.—In this provision:
(1) ABOVEGROUND STORAGE TANK.—The term
‘‘aboveground storage tank’’ means any tank or
combination of tanks (including any connected
pipe)—
(A) that is used to contain an accumula-
tion of regulated substances; and
372
(B) the volume of which (including the vol-
ume of any connected pipe) is located wholly
above the surface of the ground.
(2) ADMINISTRATOR.—The term ‘‘Adminis-
trator’’ means the Administrator of the Environ-
mental Protection Agency.
(3) DENALI COMMISSION.—The term ‘‘Denali
Commission’’ means the commission established by
section 303(a) of the Denali Commission Act of
1998 (42 U.S.C. 3121 note).
(4) FEDERAL
ENVIRONMENTAL
LAW.—The
term ‘‘Federal environmental law’’ means—
(A) the Oil Pollution Control Act of 1990
(33 U.S.C. 2701 et seq.);
(B) the Comprehensive Environmental Re-
sponse, Compensation, and Liability Act of
1980 (42 U.S.C. 9601 et seq.);
(C) the Solid Waste Disposal Act (42
U.S.C. 6901 et seq.);
(D) the Federal Water Pollution Control
Act (33 U.S.C. 1251 et seq.); or
(E) any other Federal law that is applica-
ble to the release into the environment of a reg-
ulated substance, as determined by the Admin-
istrator.
373
(5) NATIVE VILLAGE.—The term ‘‘Native vil-
lage’’ has the meaning given the term in section
11(b) in Public Law 92–203 (85 Stat. 688).
(6) PROGRAM.—The term ‘‘program’’ means
the Aboveground Storage Tank Grant Program es-
tablished by subsection (b)(1).
(7) REGULATED SUBSTANCE.—The term ‘‘regu-
lated substance’’ has the meaning given the term in
section 9001 of the Solid Waste Disposal Act (42
U.S.C. 6991).
(8) STATE.—The term ‘‘State’’ means the State
of Alaska.
(b) ESTABLISHMENT.—
(1) IN GENERAL.—There is established a grant
program to be known as the ‘‘Aboveground Storage
Tank Grant Program’’.
(2) GRANTS.—Under the program, the Admin-
istrator shall award a grant to—
(A) the State, on behalf of a Native village;
or
(B) the Denali Commission.
(c) USE OF GRANTS.—The State or the Denali
Commission shall use the funds of a grant under sub-
section (b) to repair, upgrade, or replace one or more
aboveground storage tanks that—
374
(1) leaks or poses an imminent threat of leak-
ing, as certified by the Administrator, the Com-
mandant of the Coast Guard, or any other appro-
priate Federal or State agency (as determined by
the Administrator); and
(2) is located in a Native village—
(A) the median household income of which
is less than 80 percent of the median household
income in the State;
(B) that is located—
(i) within the boundaries of—
(I) a unit of the National Park
System;
(II) a unit of the National Wild-
life Refuge System; or
(III) a National Forest; or
(ii) on public land under the adminis-
trative jurisdiction of the Bureau of Land
Management; or
(C) that receives payments from the Fed-
eral Government under chapter 69 of title 31,
United States Code (commonly known as ‘‘pay-
ments in lieu of taxes’’).
(d) REPORTS.—Not later than 1 year after the date
on which the State or the Denali Commission receives a
375
grant under subsection (c), and annually thereafter, the
State or the Denali Commission, as the case may be, shall
submit a report describing each project completed with
grant funds and any projects planned for the following
year, to—
(1) the Administrator;
(2) the Committee on Resources of the House
of Representatives;
(3) the Committee on Environment and Public
Works of the Senate;
(4) the Committee on Appropriations of the
House of Representatives; and
(5) the Committee on Appropriations of the
Senate.
(e) AUTHORIZATION
OF APPROPRIATIONS.—There
are authorized to be appropriated to carry out this Act,
to remain available until expended—
(1) $20,000,000 for fiscal year 2001; and
(2) such sums as are necessary for each fiscal
year thereafter.
376
TITLE XIII
NATIONAL AERONAUTICS AND SPACE
ADMINISTRATION
ADMINISTRATIVE PROVISION
SEC. 1301. Of the proceeds in any fiscal year from
the sale of timber on Federal property at the John C.
Stennis Space Center, or on additional real property with-
in the restricted easement area adjacent to the Center, any
funds that are in excess of the amount necessary for the
expenses of commonly accepted forest management prac-
tices on such properties may be retained and used by the
National Aeronautics and Space Administration for the
acquisition from willing sellers of up to a total of 500 acres
of real property to establish education and visitor pro-
grams and facilities that promote and preserve the re-
gional and national history of the area, including the con-
tributions of Stennis Space Center, and, as necessary, for
wetlands mitigation.
TITLE XIV—CERTAIN ALASKAN CRUISE SHIP
OPERATIONS
SEC. 1401. PURPOSE.
The purpose of this title is to:
(1) Ensure that cruise vessels operating in the
waters of the Alexander Archipelago and the navi-
gable waters of the United States within the State
377
of Alaska and within the Kachemak Bay National
Estuarine Research Reserve comply with all applica-
ble environmental laws, including, but not limited to,
the Federal Water Pollution Control Act, as amend-
ed (33 U.S.C. 1251 et seq.), the Act to Prevent Pol-
lution from Ships, as amended (33 U.S.C. 1901 et
seq.), and the protections contained within this title.
(2) Ensure that cruise vessels do not discharge
untreated sewage within the waters of the Alexander
Archipelago, the navigable waters of the United
States in the State of Alaska, or within the
Kachemak Bay National Estuarine Research Re-
serve.
(3) Prevent the unregulated discharge of treat-
ed sewage and graywater while in ports in the State
of Alaska or traveling near the shore in the Alex-
ander Archipelago and the navigable waters of the
United States in the State of Alaska or within the
Kachemak Bay National Estuarine Research Re-
serve.
(4) Ensure that discharges of sewage and
graywater from cruise vessels operating in the Alex-
ander Archipelago and the navigable waters of the
United States in the State of Alaska or within the
Kachemak Bay National Estuarine Research Re-
378
serve can be monitored for compliance with the re-
quirements contained in this title.
SEC. 1402. APPLICABILITY.
This title applies to all cruise vessels authorized to
carry 500 or more passengers for hire.
SEC. 1403. PROHIBITION ON DISCHARGE OF UNTREATED
SEWAGE.
No person shall discharge any untreated sewage from
a cruise vessel into the waters of the Alexander Archi-
pelago or the navigable waters of the United States within
the State of Alaska or within the Kachemak Bay National
Estuarine Research Reserve.
SEC. 1404. LIMITATIONS ON DISCHARGE OF TREATED SEW-
AGE OR GRAYWATER.
(a) No person shall discharge any treated sewage or
graywater from a cruise vessel into the waters of the Alex-
ander Archipelago or the navigable waters of the United
States within the State of Alaska or within the Kachemak
Bay National Estuarine Research Reserve unless—
(1) the cruise vessel is underway and pro-
ceeding at a speed of not less than six knots;
(2) the cruise vessel is not less than one nau-
tical mile from the nearest shore, except in areas
designated by the Secretary, in consultation with the
State of Alaska;
379
(3) the discharge complies with all applicable
cruise vessel effluent standards established pursuant
to this title and any other applicable law; and
(4) the cruise vessel is not in an area where the
discharge of treated sewage or graywater is prohib-
ited.
(b) The Administrator, in consultation with the Sec-
retary, may promulgate regulations allowing the discharge
of treated sewage or graywater, otherwise prohibited
under paragraphs (a)(1) and (a)(2) of this section, where
the discharge meets effluent standards determined by the
Administrator as appropriate for discharges into the ma-
rine environment. In promulgating such regulations, the
Administrator shall take into account the best available
scientific information on the environmental effects of the
regulated discharges. The effluent discharge standards
promulgated under this section shall, at a minimum, be
consistent with all relevant State of Alaska water quality
standards in force at the time of the enactment of this
title.
(c) Until such time as the Administrator promulgates
regulations under paragraph (b) of this section, treated
sewage and graywater may be discharged from vessels
subject to this title in circumstances otherwise prohibited
380
under paragraphs (a)(1) and (a)(2) of this section, pro-
vided that—
(1) the discharge satisfies the minimum level of
effluent quality specified in 40 CFR 133.102, as in
effect on the date of enactment of this section;
(2) the geometric mean of the samples from the
discharge during any 30-day period does not exceed
20 fecal coliform/100 ml and not more than 10 per-
cent of the samples exceed 40 fecal coliform/100 ml;
(3) concentrations of total residual chlorine may
not exceed 10.0 µg/l; and
(4) prior to any such discharge occurring, the
owner, operator or master, or other person in charge
of a cruise vessel, can demonstrate test results from
at least five samples taken from the vessel represent-
ative of the effluent to be discharged, on different
days over a 30-day period, conducted in accordance
with the guidelines promulgated by the Adminis-
trator in 40 CFR Part 136, which confirm that the
water quality of the effluents proposed for discharge
is in compliance with paragraphs (1), (2), and (3)
of this subsection. To the extent not otherwise being
done by the owner, operator, master or other person
in charge of a cruise vessel pursuant to section
1406, the owner, operator, master or other person in
381
charge of a cruise vessel shall demonstrate continued
compliance through periodic sampling. Such sam-
pling and test results shall be considered environ-
mental compliance records that must be made avail-
able for inspection pursuant to section 1406(d) of
this title.
SEC. 1405. SAFETY EXCEPTION.
Sections 1403 and 1404 of this title shall not apply
to discharges made for the purpose of securing the safety
of the cruise vessel or saving life at sea, provided that all
reasonable precautions have been taken for the purpose
of preventing or minimizing the discharge.
SEC. 1406. INSPECTION AND SAMPLING REGIME.
(a) The Secretary shall incorporate into the commer-
cial vessel examination program an inspection regime suf-
ficient to verify that cruise vessels visiting ports in the
State of Alaska or operating in the waters of the Alex-
ander Archipelago or the navigable waters of the United
States within the State of Alaska or within the Kachemak
Bay National Estuarine Research Reserve are in full com-
pliance with this title, the Federal Water Pollution Control
Act, as amended, and any regulations issued thereunder,
other applicable Federal laws and regulations, and all ap-
plicable international treaty requirements.
382
(b) The inspection regime shall, at a minimum,
include—
(1) examination of environmental compliance
records and procedures; and
(2) inspection of the functionality and proper
operation of installed equipment for abatement and
control of any discharge.
(c) The inspection regime may—
(1) include unannounced inspections of any as-
pect of cruise vessel operations, equipment or dis-
charges pertinent to the verification under sub-
section (a) of this section; and
(2) require the owner, operator or master, or
other person in charge of a cruise vessel subject to
this title to maintain and produce a logbook detail-
ing the times, types, volumes or flow rates and loca-
tions of any discharges of sewage or graywater
under this title.
(d) The inspection regime shall incorporate a plan for
sampling and testing cruise vessel discharges to ensure
that any discharges of sewage or graywater are in compli-
ance with this title, the Federal Water Pollution Control
Act, as amended, and any other applicable laws and regu-
lations, and may require the owner, operator or master,
or other person in charge of a cruise vessel subject to this
383
title to conduct such samples or tests, and to produce any
records of such sampling or testing at the request of the
Secretary or Administrator.
SEC. 1407. CRUISE VESSEL EFFLUENT STANDARDS.
Pursuant to this title and the authority of the Fed-
eral Water Pollution Control Act, as amended, the Admin-
istrator may promulgate effluent standards for treated
sewage and graywater from cruise vessels operating in the
waters of the Alexander Archipelago or the navigable wa-
ters of the United States within the State of Alaska or
within the Kachemak Bay National Estuarine Research
Reserve. Regulations implementing such standards shall
take into account the best available scientific information
on the environmental effects of the regulated discharges
and the availability of new technologies for wastewater
treatment. Until such time as the Administrator promul-
gates such effluent standards, treated sewage effluent dis-
charges shall not have a fecal coliform bacterial count of
greater than 200 per 100 milliliters nor suspended solids
greater than 150 milligrams per liter.
SEC. 1408. REPORTS.
(a) Any owner, operator or master, or other person
in charge of a cruise vessel who has knowledge of a dis-
charge from the cruise vessel in violation of section 1403
or 1404 or pursuant to section 1405 of this title, or any
384
regulations promulgated thereunder, shall immediately re-
port that discharge to the Secretary, who shall provide a
copy to the Administrator upon request.
(b) The Secretary may prescribe the form of reports
required under this section.
SEC. 1409. ENFORCEMENT.
(a) ADMINISTRATIVE PENALTIES.—
(1) VIOLATIONS.—Any person who violates sec-
tion 1403, 1404, 1408, or 1413 of this title, or any
regulations promulgated pursuant to this title may
be assessed a class I or class II civil penalty by the
Secretary or Administrator.
(2) CLASSES OF PENALTIES.—
(A) CLASS I.—The amount of a class I
civil penalty under this section may not exceed
$10,000 per violation, except that the maximum
amount of any class I civil penalty under this
section shall not exceed $25,000. Before assess-
ing a civil penalty under this clause, the Sec-
retary or Administrator, as the case may be,
shall give to the person to be assessed such pen-
alty written notice of the Secretary’s or Admin-
istrator’s proposal to assess the penalty and the
opportunity to request, within 30 days of the
date the notice is received by such person, a
385
hearing on the proposed penalty. Such hearing
shall not be subject to section 554 or 556 of
title 5, but shall provide a reasonable oppor-
tunity to be heard and to present evidence.
(B) CLASS II.—The amount of a class II
civil penalty under this section may not exceed
$10,000 per day for each day during which the
violation continues, except that the maximum
amount of any class II civil penalty under this
section shall not exceed $125,000. Except as
otherwise provided in this subsection, a class II
civil penalty shall be assessed and collected in
the same manner, and subject to the same pro-
visions as in the case of civil penalties assessed
and collected after notice and an opportunity
for a hearing on the record in accordance with
section 554 of title 5, United States Code. The
Secretary and Administrator may issue rules
for discovery procedures for hearings under this
paragraph.
(3) RIGHTS OF INTERESTED PERSONS.—
(A) PUBLIC
NOTICE.—Before issuing an
order assessing a class II civil penalty under
this section, the Secretary or Administrator, as
the case may be, shall provide public notice of
386
and reasonable opportunity to comment on the
proposed issuance of each order.
(B) PRESENTATION
OF
EVIDENCE.—Any
person who comments on a proposed assess-
ment of a class II civil penalty under this sec-
tion shall be given notice of any hearing held
under this paragraph and of the order assessing
such penalty. In any hearing held under this
paragraph, such person shall have a reasonable
opportunity to be heard and present evidence.
(C) RIGHTS OF INTERESTED PERSONS TO
A HEARING.—If no hearing is held under sub-
section (2) before issuance of an order assessing
a class II civil penalty under this section, any
person who commented on the proposed assess-
ment may petition, within 30 days after the
issuance of such order, the Administrator or
Secretary, as the case may be, to set aside such
order and to provide a hearing on the penalty.
If the evidence presented by the petitioner in
support of the petition is material and was not
considered in the issuance of the order, the Ad-
ministrator or Secretary shall immediately set
aside such order and provide a hearing in ac-
cordance with subsection (2)(B). If the Admin-
387
istrator or Secretary denies a hearing under
this clause, the Administrator or Secretary shall
provide to the petitioner, and publish in the
Federal Register, notice of and the reasons for
such denial.
(4) FINALITY OF ORDER.—An order assessing a
class II civil penalty under this paragraph shall be-
come final 30 days after its issuance unless a peti-
tion for judicial review is filed under subparagraph
(6) or a hearing is requested under subsection
(3)(C). If such a hearing is denied, such order shall
become final 30 days after such denial.
(5) EFFECT OF ACTION ON COMPLIANCE.—No
action by the Administrator or Secretary under this
paragraph shall affect any person’s obligation to
comply with any section of this title.
(6) JUDICIAL
REVIEW.—Any person against
whom a civil penalty is assessed under this para-
graph or who commented on the proposed assess-
ment of such penalty in accordance with subsection
(3) may obtain review of such assessment—
(A) in the case of assessment of a class I
civil penalty, in the United States District
Court for the District of Columbia or in the
District of Alaska; or
388
(B) in the case of assessment of a class II
civil penalty, in the United States Court of Ap-
peals for the District of Columbia Circuit or for
any other circuit in which such person resides
or transacts business, by filing a notice of ap-
peal in such court within the 30-day period be-
ginning on the date the civil penalty order is
issued and by simultaneously sending a copy of
such notice by certified mail to the Adminis-
trator or Secretary, as the case may be, and the
Attorney General. The Administrator or Sec-
retary shall promptly file in such court a cer-
tified copy of the record on which the order was
issued. Such court shall not set aside or remand
such order unless there is not substantial evi-
dence in the record, taken as a whole, to sup-
port the finding of a violation or unless the Ad-
ministrator’s or Secretary’s assessment of the
penalty constitutes an abuse of discretion and
shall not impose additional civil penalties for
the same violation unless the Administrator’s or
Secretary’s assessment of the penalty con-
stitutes an abuse of discretion.
(7) COLLECTION.—If any person fails to pay an
assessment of a civil penalty—
389
(A) after the assessment has become final,
or
(B) after a court in an action brought
under subsection (6) has entered a final judg-
ment in favor of the Administrator or Sec-
retary, as the case may be, the Administrator
or Secretary shall request the Attorney General
to bring a civil action in an appropriate district
court to recover the amount assessed (plus in-
terest at currently prevailing rates from the
date of the final order or the date of the final
judgment, as the case may be). In such an ac-
tion, the validity, amount, and appropriateness
of such penalty shall not be subject to review.
Any person who fails to pay on a timely basis
the amount of an assessment of a civil penalty
as described in the first sentence of this sub-
paragraph shall be required to pay, in addition
to such amount and interest, attorneys fees and
costs for collection proceedings and a quarterly
nonpayment penalty for each quarter during
which such failure to pay persists. Such non-
payment penalty shall be in an amount equal
to 20 percent of the aggregate amount of such
person’s penalties and nonpayment penalties
390
which are unpaid as of the beginning of such
quarter.
(8) SUBPOENAS.—The Administrator or Sec-
retary, as the case may be, may issue subpoenas for
the attendance and testimony of witnesses and the
production of relevant papers, books, or documents
in connection with hearings under this section. In
case of contumacy or refusal to obey a subpoena
issued pursuant to this subsection and served upon
any person, the district court of the United States
for any district in which such person is found, re-
sides, or transacts business, upon application by the
United States and after notice to such person, shall
have jurisdiction to issue an order requiring such
person to appear and give testimony before the Ad-
ministrator or Secretary or to appear and produce
documents before the Administrator or Secretary, or
both, and any failure to obey such order of the court
may be punished by such court as a contempt there-
of.
(b) CIVIL PENALTIES.—
(1) IN GENERAL.—Any person who violates sec-
tion 1403, 1404, 1408, or 1413 of this title, or any
regulations promulgated pursuant to this title shall
be subject to a civil penalty not to exceed $25,000
391
per day for each violation. Each day a violation con-
tinues constitutes a separate violation.
(2) JURISDICTION.—An action to impose a civil
penalty under this section may be brought in the
district court of the United States for the district in
which the defendant is located, resides, or transacts
business, and such court shall have jurisdiction to
assess such penalty.
(3) LIMITATION.—A person is not liable for a
civil judicial penalty under this paragraph for a vio-
lation if the person has been assessed a civil admin-
istrative penalty under paragraph (a) for the viola-
tion.
(c) DETERMINATION OF AMOUNT.—In determining
the amount of a civil penalty under paragraphs (a) or (b)
of this section, the court, the Secretary or the Adminis-
trator, as the case may be, shall consider the seriousness
of the violation or violations, the economic benefit (if any)
resulting from the violation, any history of such violations,
any good-faith efforts to comply with the applicable re-
quirements, the economic impact of the penalty on the vio-
lator, and other such matters as justice may require.
(d) CRIMINAL PENALTIES.—
(1) NEGLIGENT VIOLATIONS.—Any person who
negligently violates section 1403, 1404, 1408, or
392
1413 of this title, or any regulations promulgated
pursuant to this title commits a Class A mis-
demeanor.
(2) KNOWING
VIOLATIONS.—Any person who
knowingly violates section 1403, 1404, 1408, or
1413 of this title, or any regulations promulgated
pursuant to this title commits a Class D felony.
(3) FALSE
STATEMENTS.—Any person who
knowingly makes any false statement, representa-
tion, or certification in any record, report or other
document filed or required to be maintained under
this title or the regulations issued thereunder, or
who falsifies, tampers with, or knowingly renders in-
accurate any testing or monitoring device or method
required to be maintained under this title, or the
regulations issued thereunder, commits a Class D
felony.
(e) AWARDS.—
(1) The Secretary, the Administrator, or the
court, when assessing any fines or civil penalties, as
the case may be, may pay from any fines or civil
penalties collected under this section an amount not
to exceed one-half of the penalty or fine collected, to
any individual who furnishes information which
leads to the payment of the penalty or fine. If sev-
393
eral individuals provide such information, the
amount shall be divided equitably among such indi-
viduals. No officer or employee of the United States,
the State of Alaska or any federally recognized Tribe
who furnishes information or renders service in the
performance of his or her official duties shall be eli-
gible for payment under this subsection.
(2) The Secretary, Administrator or the court,
when assessing any fines or civil penalties, as the
case may be, may pay, from any fines or civil pen-
alties collected under this section, to the State of
Alaska or to any federally recognized Tribe pro-
viding information or investigative assistance which
leads to payment of the penalty or fine, an amount
which reflects the level of information or investiga-
tive assistance provided. Should the State of Alaska
or a federally recognized Tribe and an individual
under paragraph (1) of this section be eligible for an
award, the Secretary, the Administrator, or the
court, as the case may be, shall divide the amount
equitably.
(f ) LIABILITY IN REM.—A cruise vessel operated in
violation of this title or the regulations issued thereunder
is liable in rem for any fine imposed under subsection (d)
of this section or for any civil penalty imposed under sub-
394
sections (a) or (b) of this section, and may be proceeded
against in the United States district court of any district
in which the cruise vessel may be found.
(g) COMPLIANCE ORDERS.—
(1) IN GENERAL.—Whenever on the basis of
any information available to him the Administrator
finds that any person is in violation of section 1403,
1404, 1408, or 1413 of this title, or any regulations
promulgated pursuant to this title, the Adminis-
trator shall issue an order requiring such person to
comply with such section or requirement, or shall
bring a civil action in accordance with subsection
(b).
(2) COPIES OF ORDERS, SERVICE.—A copy of
any order issued under this subsection shall be sent
immediately by the Administrator to the State of
Alaska. In any case in which an order under this
subsection is issued to a corporation, a copy of such
order shall be served on any appropriate corporate
officer. Any order issued under this subsection shall
be by personal service, shall state with reasonable
specificity the nature of the violation, and shall
specify a time for compliance not to exceed 30 days
in the case of a violation of an interim compliance
schedule or operation and maintenance requirement
395
and not to exceed a time the Administrator deter-
mines to be reasonable in the case of a violation of
a final deadline, taking into account the seriousness
of the violation and any good faith efforts to comply
with applicable requirements.
(h) CIVIL ACTIONS.—The Administrator is author-
ized to commence a civil action for appropriate relief, in-
cluding a permanent or temporary injunction, for any vio-
lation for which he is authorized to issue a compliance
order under this subsection. Any action under subsection
(h) may be brought in the district court of the United
States for the district in which the defendant is located
or resides or is doing business, and such court shall have
jurisdiction to restrain such violation and to require com-
pliance. Notice of the commencement of such action shall
be given immediately to the State of Alaska.
SEC. 1410. DESIGNATION OF CRUISE VESSEL NO-DIS-
CHARGE ZONES.
If the State of Alaska determines that the protection
and enhancement of the quality of some or all of the wa-
ters of the Alexander Archipelago or the navigable waters
of the United States within the State of Alaska or within
the Kachemak Bay National Estuarine Research Reserve
require greater environmental protection, the State of
Alaska may petition the Administrator to prohibit the dis-
396
charge of graywater and sewage from cruise vessels oper-
ating in such waters. The establishment of such a prohibi-
tion shall be achieved in the same manner as the peti-
tioning process and prohibition of the discharge of sewage
pursuant to section 312(f ) of the Federal Water Pollution
Control Act, as amended, and the regulations promulgated
thereunder.
SEC. 1411. SAVINGS CLAUSE.
(a) Nothing in this title shall be construed as restrict-
ing, affecting, or amending any other law or the authority
of any department, instrumentality, or agency of the
United States.
(b) Nothing in this title shall in any way affect or
restrict, or be construed to affect or restrict, the authority
of the State of Alaska or any political subdivision
thereof—
(1) to impose additional liability or additional
requirements; or
(2) to impose, or determine the amount of a
fine or penalty (whether criminal or civil in nature)
for any violation of law; relating to the discharge of
sewage (whether treated or untreated) or graywater
in the waters of the Alexander Archipelago and the
navigable waters of the United States within the
397
State of Alaska or within the Kachemak Bay Na-
tional Estuarine Research Reserve.
SEC. 1412. REGULATIONS.
The Secretary and the Administrator each may pre-
scribe any regulations necessary to carry out the provi-
sions of this title.
SEC. 1413. INFORMATION GATHERING AUTHORITY.
The authority of sections 308(a) and (b) of the Fed-
eral Water Pollution Control Act, as amended, shall be
available to the Administrator to carry out the provisions
of this title. The Administrator and the Secretary shall
minimize, to the extent practicable, duplication of or in-
consistency with the inspection, sampling, testing, record-
keeping, and reporting requirements established by the
Secretary under section 1406 of this title.
SEC. 1414. DEFINITIONS.
In this title:
(1) ADMINISTRATOR.—The term ‘‘Adminis-
trator’’ means the Administrator of the United
States Environmental Protection Agency.
(2) CRUISE VESSEL.—The term ‘‘cruise vessel’’
means a passenger vessel as defined in section
2101(22) of title 46, United States Code. The term
‘‘cruise vessel’’ does not include a vessel of the
United States operated by the Federal Government
398
or a vessel owned and operated by the government
of a State.
(3) DISCHARGE.—The term ‘‘discharge’’ means
any release however caused from a cruise vessel, and
includes any escape, disposal, spilling, leaking,
pumping, emitting, or emptying.
(4) 
GRAYWATER.—The 
term 
‘‘graywater’’
means only galley, dishwasher, bath, and laundry
waste water. The term does not include other wastes
or waste streams.
(5) NAVIGABLE WATERS.—The term ‘‘navigable
waters’’ has the same meaning as in section 502 of
the Federal Water Pollution Control Act, as amend-
ed.
(6) PERSON.—The term ‘‘person’’ means an in-
dividual, corporation, partnership, limited liability
company, association, State, municipality, commis-
sion, or political subdivision of a State, or any feder-
ally recognized tribe.
(7) SECRETARY.—The term ‘‘Secretary’’ means
the Secretary of the department in which the United
States Coast Guard is operating.
(8) SEWAGE.—The term ‘‘sewage’’ means
human body wastes and the wastes from toilets and
399
other receptacles intended to receive or retain body
waste.
(9) TREATED
SEWAGE.—The term ‘‘treated
sewage’’ means sewage meeting all applicable efflu-
ent limitation standards and processing require-
ments of the Federal Water Pollution Control Act,
as amended and of this title, and regulations pro-
mulgated under either.
(10) UNTREATED
SEWAGE.—The term ‘‘un-
treated sewage’’ means sewage that is not treated
sewage.
(11) WATERS
OF
THE
ALEXANDER
ARCHI-
PELAGO.—The term ‘‘waters of the Alexander Archi-
pelago’’ means all waters under the sovereignty of
the United States within or near Southeast Alaska,
beginning at a point 58°11′41′′N, 136°39′25′′W
[near Cape Spencer Light], thence southeasterly
along a line three nautical miles seaward of the
baseline from which the breadth of the territorial sea
is measured in the Pacific Ocean and the Dixon En-
trance, except where this line intersects geodesics
connecting the following five pairs of points:
(1) 
58°05′17′′N, 
136°33′49′′W 
and
58°11′41′′N, 136°39′25′′W [Cross Sound].
400
(2) 
56°09′40′′N, 
134°40′00′′W 
and
55°49′15′′N, 134°17′40′′W [Chatham Strait].
(3) 
55°49′15′′N, 
134°17′40′′W 
and
55°50′30′′N, 133°54′15′′W [Sumner Strait].
(4) 
54°41′30′′N, 
132°01′00′′W 
and
54°51′′30′′N, 131°20′45′′W [Clarence Strait].
(5) 
54°51′30′′N, 
131°20′45′′W 
and
54°46′15′′N, 
130°52′00′′W 
[Revillagigedo
Channel].
The portion of each such geodesic situated beyond
three nautical miles from the baseline from which the
breadth of the territorial sea is measured forms the outer
limit of the waters of the Alexander Archipelago in those
five locations.
TITLE XV—LIFE ACT
AMENDMENTS
SEC. 1501. SHORT TITLE.
This title may be cited as the ‘‘LIFE Act Amend-
ments of 2000’’.
SEC. 1502. SUBSTITUTION OF ALTERNATIVE ADJUSTMENT
PROVISION.
(a) EXTENDED APPLICATION OF SECTION 245(i).—
(1) IN
GENERAL.—Paragraph (1) of section
245(i) of the Immigration and Nationality Act (8
U.S.C. 1255(i)) is amended—
401
(A) in subparagraph (A), by striking
‘‘and’’ at the end;
(B) in subparagraph (B)(i), by striking
‘‘January 14, 1998’’ and inserting ‘‘April 30,
2001’’;
(C) in subparagraph (B), by adding ‘‘and’’
at the end; and
(D) by inserting after subparagraph (B)
the following new subparagraph:
‘‘(C) who, in the case of a beneficiary of a peti-
tion for classification, or an application for labor
certification, described in subparagraph (B) that was
filed after January 14, 1998, is physically present in
the United States on the date of the enactment of
the LIFE Act Amendments of 2000;’’.
(2) MODIFICATION IN USE OF FUNDS.—Para-
graph (3)(B) of such section is amended by inserting
before the period the following: ‘‘, except that in the
case of fees attributable to applications for a bene-
ficiary with respect to whom a petition for classifica-
tion, or an application for labor certification, de-
scribed in paragraph (1)(B) was filed after January
14, 1998, one-half of such remaining portion shall
be deposited by the Attorney General into the Immi-
402
gration Examinations Fee Account established under
section 286(m)’’.
(b) CONFORMING AMENDMENTS.—
(1) Subsection (m) of section 245 of the Immi-
gration and Nationality Act, as added by section
1102(c) of the Legal Immigration Family Equity
Act, is repealed.
(2) Section 245 of the Immigration and Nation-
ality Act, as amended by section 1102(d)(2) of the
Legal Immigration Family Equity Act, is amended
by striking ‘‘or (m)’’ each place it appears.
SEC. 1503. MODIFICATION OF SECTION 1104 ADJUSTMENT
PROVISIONS.
(a) INCLUSION
OF ADDITIONAL CLASS.—Section
1104(b) of the Legal Immigration Family Equity Act is
amended—
(1) in paragraph (1), by striking ‘‘or’’ at the
end;
(2) in paragraph (2), by striking the period at
the end and inserting ‘‘; or’’; and
(3) by adding at the end the following new
paragraph:
‘‘(3) Zambrano v. INS, vacated sub nom. Immi-
gration and Naturalization Service v. Zambrano,
509 U.S. 918 (1993).’’.
403
(b) CONFORMING APPLICATION OF CONSENT PROVI-
SION.—Section 1104(c) of the Legal Immigration Family
Equity Act is amended by adding at the end the following
new paragraph:
‘‘(10) CONFORMING APPLICATION OF CONSENT
PROVISION.—In addition to the waivers provided in
subsection (d)(2) of such section 245A of the Immi-
gration and Nationality Act, the Attorney General
may grant the alien a waiver of the grounds of inad-
missibility under subparagraphs (A) and (C) of sec-
tion 212(a)(9) of such Act (8 U.S.C. 1182(a)(9)). In
granting such waivers, the Attorney General shall
use standards used in granting consent under sub-
paragraphs (A)(iii) and (C)(ii) of such section.’’.
(c) INAPPLICABILITY
OF REMOVAL ORDER REIN-
STATEMENT.—Section 1104 of such Act is further
amended—
(1) by redesignating subsection (g) as sub-
section (h); and
(2) by inserting after subsection (f ) the fol-
lowing new subsection:
‘‘(g) INAPPLICABILITY OF REMOVAL ORDER REIN-
STATEMENT.—Section 241(a)(5) of the Immigration and
Nationality Act shall not apply with respect to an alien
404
who is applying for adjustment of status under this sec-
tion.’’.
SEC. 1504. APPLICATION OF FAMILY UNITY PROVISIONS TO
SPOUSES AND UNMARRIED CHILDREN OF
CERTAIN LIFE ACT BENEFICIARIES.
(a) IMMIGRATION BENEFITS.—Except as provided in
subsection (d), in the case of an eligible spouse or child
(as described in subsection (b)), the Attorney General—
(1) shall not remove the alien on a ground spec-
ified in paragraph (1)(A), (1)(B), (1)(C), or (3)(A)
of section 237(a) of the Immigration and Nationality
Act (8 U.S.C. 1227(a)), other than so much of para-
graph (1)(A) of such section as relates to a ground
of inadmissibility described in paragraph (2) or (3)
of section 212(a) of such Act (8 U.S.C. 1182(a));
and
(2) shall authorize the alien to engage in em-
ployment in the United States during the period of
time in which protection is provided under para-
graph (1) and shall provide the alien with an ‘‘em-
ployment authorized’’ endorsement or other appro-
priate document signifying authorization of employ-
ment.
(b) ELIGIBLE SPOUSES AND CHILDREN.—For pur-
poses of this section, the term ‘‘eligible spouse or child’’
405
means an alien who is the spouse or unmarried child of
an alien described in section 1104(b) of the Legal Immi-
gration Family Equity Act if the spouse or child—
(1) entered the United States before December
1, 1988; and
(2) resided in the United States on such date.
(c) PROCESS FOR RELIEF FOR ELIGIBLE SPOUSES
AND CHILDREN OUTSIDE THE UNITED STATES.—If an
alien has obtained lawful permanent resident status under
section 1104 of the Legal Immigration Family Equity Act
and the alien has an eligible spouse or child who is no
longer physically present in the United States, the Attor-
ney General shall establish a process under which the eligi-
ble spouse or child may be paroled into the United States
in order to obtain the benefits of subsection (a) unless the
Attorney General finds that the spouse or child would be
inadmissible or deportable on any ground, other than a
ground for which the alien would not be subject to removal
under subsection (a)(1). An alien so paroled shall not be
treated as paroled into the United States for purposes of
section 201(c)(4) of the Immigration and Nationality Act
(8 U.S.C. 1151(c)(4)).
(d) EXCEPTION.—An alien is not eligible for the ben-
efits of this section if the Attorney General finds that—
406
(1) the alien has been convicted of a felony or
three or more misdemeanors in the United States; or
(2) 
the 
alien 
is 
described 
in 
section
241(b)(3)(B) of the Immigration and Nationality
Act (8 U.S.C. 1231(b)(3)(B)).
(e) APPLICATION OF DEFINITIONS.—Except as oth-
erwise specifically provided in this section, the definitions
contained in the Immigration and Nationality Act shall
apply in the administration of this section.
SEC. 1505. MISCELLANEOUS AMENDMENTS TO VARIOUS AD-
JUSTMENT AND RELIEF ACTS.
(a) NICARAGUAN
ADJUSTMENT
AND
CENTRAL
AMERICAN RELIEF ACT.—
(1) IN GENERAL.—Section 202(a) of the Nica-
raguan Adjustment and Central American Relief Act
is amended—
(A) by redesignating paragraph (2) as
paragraph (3); and
(B) by inserting after paragraph (1) the
following new paragraph:
‘‘(2) RULES
IN
APPLYING
CERTAIN
PROVI-
SIONS.—In the case of an alien described in sub-
section (b) or (d) who is applying for adjustment of
status under this section—
407
‘‘(A) the provisions of section 241(a)(5) of
the Immigration and Nationality Act shall not
apply; and
‘‘(B) the Attorney General may grant the
alien a waiver on the grounds of inadmissibility
under subparagraphs (A) and (C) of section
212(a)(9) of such Act.
In granting waivers under subparagraph (B), the
Attorney General shall use standards used in grant-
ing consent under subparagraphs (A)(iii) and (C)(ii)
of such section 212(a)(9).’’.
(2) PERMITTING
MOTION
TO
REOPEN.—Not-
withstanding any time and number limitations im-
posed by law on motions to reopen exclusion, re-
moval, or deportation proceedings (except limitations
premised on an alien’s conviction of an aggravated
felony (as defined by section 101(a) of the Immigra-
tion and Nationality Act)), a national of Cuba or
Nicaragua who has become eligible for adjustment of
status under the Nicaraguan Adjustment and Cen-
tral American Relief Act as a result of the amend-
ments made by paragraph (1), may file one motion
to reopen exclusion, deportation, or removal pro-
ceedings to apply for such adjustment under that
Act. The scope of any proceeding reopened on this
408
basis shall be limited to a determination of the
alien’s eligibility for adjustment of status under that
Act. All such motions shall be filed within 180 days
of the date of the enactment of this Act.
(b) HAITIAN REFUGEE IMMIGRATION FAIRNESS ACT
OF 1998.—
(1) INAPPLICABILITY
OF
CERTAIN
PROVI-
SIONS.—Section 902(a) of the Haitian Refugee Im-
migration Fairness Act of 1998 is amended—
(A) by redesignating paragraph (2) as
paragraph (3); and
(B) by inserting after paragraph (1) the
following new paragraph:
‘‘(2) INAPPLICABILITY
OF
CERTAIN
PROVI-
SIONS.—In the case of an alien described in sub-
section (b) or (d) who is applying for adjustment of
status under this section—
‘‘(A) the provisions of section 241(a)(5) of
the Immigration and Nationality Act shall not
apply; and
‘‘(B) the Attorney General may grant the
alien a waiver on the grounds of inadmissibility
under subparagraphs (A) and (C) of section
212(a)(9) of such Act.
409
In granting waivers under subparagraph (B), the
Attorney General shall use standards used in grant-
ing consent under subparagraphs (A)(iii) and (C)(ii)
of such section 212(a)(9).’’.
(2) PERMITTING
MOTION TO
REOPEN.—Not-
withstanding any time and number limitations im-
posed by law on motions to reopen exclusion, re-
moval, or deportation proceedings (except limitations
premised on an alien’s conviction of an aggravated
felony (as defined by section 101(a) of the Immigra-
tion and Nationality Act)), a national of Haiti who
has become eligible for adjustment of status under
the Haitian Refugee Immigration Fairness Act of
1998 as a result of the amendments made by para-
graph (1), may file one motion to reopen exclusion,
deportation, or removal proceedings to apply for
such adjustment under that Act. The scope of any
proceeding reopened on this basis shall be limited to
a determination of the alien’s eligibility for adjust-
ment of status under that Act. All such motions
shall be filed within 180 days of the date of the en-
actment of this Act.
(c) SECTION 309 OF IIRIRA.—Section 309 of the Il-
legal Immigration Reform and Immigrant Responsibility
410
Act of 1996 is amended by adding at the end the following
new subsection:
‘‘(h) RELIEF AND MOTIONS TO REOPEN.—
‘‘(1) RELIEF.—An alien described in subsection
(c)(5)(C)(i) who is otherwise eligible for—
‘‘(A) suspension of deportation pursuant to
section 244(a) of the Immigration and Nation-
ality Act, as in effect before the title III–A ef-
fective date; or
‘‘(B) cancellation of removal, pursuant to
section 240A(b) of the Immigration and Na-
tionality Act and subsection (f ) of this section;
shall not be barred from applying for such relief by
operation of section 241(a)(5) of the Immigration
and Nationality Act, as in effect after the title III–
A effective date.
‘‘(2) ADDITIONAL
MOTION
TO
REOPEN
PER-
MITTED.—Notwithstanding any limitation imposed
by law on motions to reopen removal or deportation
proceedings (except limitations premised on an
alien’s conviction of an aggravated felony (as defined
by section 101(a) of the Immigration and Nation-
ality Act)), any alien who is described in subsection
(c)(5)(C)(i) and who has become eligible for can-
cellation of removal or suspension of deportation as
411
a result of the enactment of paragraph (1) may file
one motion to reopen removal or deportation pro-
ceedings in order to apply for cancellation of removal
or suspension of deportation. The scope of any pro-
ceeding reopened on this basis shall be limited to a
determination of the alien’s eligibility for cancella-
tion of removal or suspension of deportation. The
Attorney General shall designate a specific time pe-
riod in which all such motions to reopen are required
to be filed. The period shall begin not later than 60
days after the date of the enactment of this sub-
section and shall extend for a period not to exceed
240 days.
‘‘(3) CONSTRUCTION.—Nothing in this sub-
section shall preclude an alien from filing a motion
to reopen pursuant to section 240(b)(5)(C)(ii) of the
Immigration 
and 
Nationality 
Act, 
or 
section
242B(c)(3)(B) of such Act (as in effect before the
title III–A effective date).’’.
SEC. 1506. EFFECTIVE DATE.
This title shall take effect as if included in the enact-
ment of the Legal Immigration Family Equity Act.
412
TITLE XVI—IMPROVING LITERACY THROUGH
FAMILY LITERACY PROJECTS
SEC. 1601. SHORT TITLE.
This title may be cited as the ‘‘Literacy Involves
Families Together Act’’.
SEC. 1602. AUTHORIZATION OF APPROPRIATIONS.
Section 1002(b) of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 6302(b)) is amended
by striking ‘‘$118,000,000 for fiscal year 1995’’ and in-
serting ‘‘$250,000,000 for fiscal year 2001’’.
SEC. 1603. IMPROVING BASIC PROGRAMS OPERATED BY
LOCAL EDUCATIONAL AGENCIES.
Section 1111(c) of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 6311(c)) is amended—
(1) in paragraph (5), by striking ‘‘and’’ at the
end;
(2) in paragraph (6), by striking the period at
the end and inserting ‘‘; and’’; and
(3) by adding at the end the following:
‘‘(7) the State educational agency will encour-
age local educational agencies and individual schools
participating in a program assisted under this part
to offer family literacy services (using funds under
this part), if the agency or school determines that a
substantial number of students served under this
413
part by the agency or school have parents who do
not have a high school diploma or its recognized
equivalent or who have low levels of literacy.’’.
SEC. 1604. EVEN START FAMILY LITERACY PROGRAMS.
(a) PART HEADING.—The part heading for part B
of title I of the Elementary and Secondary Education Act
of 1965 (20 U.S.C. 6361 et seq.) is amended to read as
follows:
‘‘PART B—WILLIAM F. GOODLING EVEN START
FAMILY LITERACY PROGRAMS’’.
(b) STATEMENT OF PURPOSE.—Section 1201 of the
Elementary and Secondary Education Act of 1965 (20
U.S.C. 6361) is amended—
(1) in paragraph (1), by inserting ‘‘high qual-
ity’’ after ‘‘build on’’; and
(2) by amending paragraph (2) to read as fol-
lows:
‘‘(2) promote the academic achievement of chil-
dren and adults;’’;
(3) by striking the period at the end of para-
graph (3) and inserting ‘‘; and’’; and
(4) by adding at the end the following:
‘‘(4) use instructional programs based on sci-
entifically based reading research (as defined in sec-
tion 2252) and the prevention of reading difficulties
414
for children and adults, to the extent such research
is available.’’.
(c) PROGRAM AUTHORIZED.—
(1) RESERVATION
FOR
MIGRANT
PROGRAMS,
OUTLYING
AREAS, AND
INDIAN
TRIBES.—Section
1202(a) of the Elementary and Secondary Edu-
cation Act of 1965 (20 U.S.C. 6362(a)) is
amended—
(A) in paragraph (1), in the matter pre-
ceding subparagraph (A), by inserting ‘‘(or, if
such 
appropriated 
amount 
exceeds
$200,000,000, 6 percent of such amount)’’
after ‘‘1002(b)’’;
(B) in paragraph (2), by striking ‘‘If the
amount of funds made available under this sub-
section exceeds $4,600,000,’’ and inserting
‘‘After the date of the enactment of the Lit-
eracy Involves Families Together Act,’’; and
(C) by adding at the end the following:
‘‘(3) COORDINATION OF PROGRAMS FOR AMER-
ICAN
INDIANS.—The Secretary shall ensure that
programs under paragraph (1)(C) are coordinated
with family literacy programs operated by the Bu-
reau of Indian Affairs in order to avoid duplication
and to encourage the dissemination of information
415
on high quality family literacy programs serving
American Indians.’’.
(2) RESERVATION FOR FEDERAL ACTIVITIES.—
Section 1202(b) of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 6362(b)) is
amended to read as follows:
‘‘(b) RESERVATION FOR FEDERAL ACTIVITIES.—
‘‘(1) EVALUATION, 
TECHNICAL
ASSISTANCE,
PROGRAM IMPROVEMENT, AND REPLICATION ACTIVI-
TIES.—From amounts appropriated under section
1002(b), the Secretary may reserve not more than 3
percent of such amounts for purposes of—
‘‘(A) carrying out the evaluation required
by section 1209; and
‘‘(B) providing, through grants or con-
tracts with eligible organizations, technical as-
sistance, program improvement, and replication
activities.
‘‘(2) RESEARCH.—In the case of fiscal years
2001 through 2004, if the amount appropriated
under section 1002(b) for any of such years—
‘‘(A) is equal to or less than the amounts
appropriated for the preceding fiscal year, the
Secretary may reserve from such amount only
the amount necessary to continue multiyear ac-
416
tivities carried out pursuant to section 1211(b)
that began during or prior to the preceding fis-
cal year; or
‘‘(B) exceeds the amount appropriated for
the preceding fiscal year, the Secretary shall re-
serve from such excess amount $2,000,000 or
50 percent, whichever is less, to carry out sec-
tion 1211(b).’’.
(d) RESERVATION FOR GRANTS.—Section 1202(c)(1)
of the Elementary and Secondary Education Act of 1965
(20 U.S.C. 6362(c)(1)) is amended—
(1) by striking ‘‘From funds reserved under
section 2260(b)(3), the Secretary shall award
grants,’’ and inserting ‘‘For any fiscal year for
which at least one State applies and submits an ap-
plication that meets the requirements and goals of
this subsection and for which the amount appro-
priated under section 1002(b) exceeds the amount
appropriated under such section for the preceding
fiscal year, the Secretary shall reserve, from the
amount of such excess remaining after the applica-
tion of subsection (b)(2), the amount of such re-
mainder or $1,000,000, whichever is less, to award
grants,’’; and
417
(2) by adding at the end ‘‘No State may receive
more than one grant under this subsection.’’.
(e) ALLOCATIONS.—Section 1202(d)(2) of the Ele-
mentary and Secondary Education Act of 1965 (20 U.S.C.
6362(d)(2)) is amended by striking ‘‘that section’’ and in-
serting ‘‘that part’’.
(f ) STATE LEVEL ACTIVITIES.—Section 1203(a) of
the Elementary and Secondary Education Act of 1965 (20
U.S.C. 6363(a)) is amended—
(1) by striking ‘‘5 percent’’ and inserting ‘‘a
total of 6 percent’’; and
(2) in paragraph (1), by inserting before the
semicolon the following: ‘‘, not to exceed half of such
total’’.
(g) SUBGRANTS
FOR LOCAL PROGRAMS.—Section
1203(b)(2) of the Elementary and Secondary Education
Act of 1965 (20 U.S.C. 6363(b)(2)) is amended to read
as follows:
‘‘(2) MINIMUM SUBGRANT AMOUNTS.—
‘‘(A) IN GENERAL.—Except as provided in
subparagraphs (B) and (C), no State shall
award a subgrant under paragraph (1) in an
amount less than $75,000.
‘‘(B) SUBGRANTEES IN NINTH AND SUC-
CEEDING
YEARS.—No State shall award a
418
subgrant under paragraph (1) in an amount
less than $52,500 to an eligible entity for a fis-
cal year to carry out an Even Start program
that is receiving assistance under this part or
its predecessor authority for the ninth (or any
subsequent) fiscal year.
‘‘(C) 
EXCEPTION
FOR
SINGLE
SUBGRANT.—A State may award one subgrant
in each fiscal year of sufficient size, scope, and
quality to be effective in an amount less than
$75,000 if, after awarding subgrants under
paragraph (1) for such fiscal year in accordance
with subparagraphs (A) and (B), less than
$75,000 is available to the State to award such
subgrants.’’.
(h) USES OF FUNDS.—Section 1204 of the Elemen-
tary and Secondary Education Act of 1965 (20 U.S.C.
6364) is amended—
(1) in subsection (a), by striking ‘‘family-cen-
tered education programs’’ and inserting ‘‘family lit-
eracy services’’; and
(2) by adding at the end the following:
‘‘(c) USE OF FUNDS FOR FAMILY LITERACY SERV-
ICES.—
419
‘‘(1) IN GENERAL.—From funds reserved under
section 1203(a), a State may use a portion of such
funds to assist eligible entities receiving a subgrant
under section 1203(b) in improving the quality of
family literacy services provided under Even Start
programs under this part, except that in no case
may a State’s use of funds for this purpose for a fis-
cal year result in a decrease from the level of activi-
ties and services provided to program participants in
the preceding year.
‘‘(2) PRIORITY.—In carrying out paragraph (1),
a State shall give priority to programs that were of
low quality, as evaluated based on the indicators of
program quality developed by the State under sec-
tion 1210.
‘‘(3) TECHNICAL ASSISTANCE TO HELP LOCAL
PROGRAMS RAISE ADDITIONAL FUNDS.—In carrying
out paragraph (1), a State may use the funds re-
ferred to in such paragraph to provide technical as-
sistance to help local programs of demonstrated ef-
fectiveness to access and leverage additional funds
for the purpose of expanding services and reducing
waiting lists, including requesting and applying for
non-Federal resources.
420
‘‘(4) TECHNICAL ASSISTANCE AND TRAINING.—
Assistance under paragraph (1) shall be in the form
of technical assistance and training, provided by a
State through a grant, contract, or cooperative
agreement with an entity that has experience in of-
fering high quality training and technical assistance
to family literacy providers.’’.
(i) PROGRAM ELEMENTS.—Section 1205 of the Ele-
mentary and Secondary Education Act of 1965 (20 U.S.C.
6365) is amended—
(1) by redesignating paragraphs (9) and (10)
as paragraphs (14) and (15), respectively;
(2) by redesignating paragraphs (5) through
(8) as paragraphs (6) through (9), respectively;
(3) by inserting after paragraph (4) the fol-
lowing:
‘‘(5) with respect to the qualifications of staff
the cost of whose salaries are paid, in whole or in
part, with Federal funds provided under this part,
ensure that—
‘‘(A) not later than 4 years after the date
of the enactment of the Literacy Involves Fami-
lies Together Act—
‘‘(i) a majority of the individuals pro-
viding academic instruction—
421
‘‘(I) shall have obtained an asso-
ciate’s, bachelor’s, or graduate degree
in a field related to early childhood
education, elementary or secondary
school education, or adult education;
and
‘‘(II) if applicable, shall meet
qualifications established by the State
for early childhood education, elemen-
tary or secondary school education, or
adult education provided as part of an
Even Start program or another family
literacy program;
‘‘(ii) the individual responsible for ad-
ministration of family literacy services
under this part has received training in the
operation of a family literacy program; and
‘‘(iii) paraprofessionals who provide
support for academic instruction have a
high school diploma or its recognized
equivalent; and
‘‘(B) beginning on the date of the enact-
ment of the Literacy Involves Families To-
gether Act, all new personnel hired to provide
academic instruction—
422
‘‘(i) have obtained an associate’s,
bachelor’s, or graduate degree in a field re-
lated to early childhood education, elemen-
tary or secondary school education, or
adult education; and
‘‘(ii) if applicable, meet qualifications
established by the State for early childhood
education, elementary or secondary school
education, or adult education provided as
part of an Even Start program or another
family literacy program;’’;
(4) in paragraph (8) (as so redesignated by
paragraph (2), by striking ‘‘or enrichment’’ and in-
serting ‘‘and enrichment’’.
(5) by inserting after paragraph (9) (as so re-
designated by paragraph (2)) the following:
‘‘(10) use instructional programs based on sci-
entifically based reading research (as defined in sec-
tion 2252) for children and adults, to the extent
such research is available;
‘‘(11) encourage participating families to attend
regularly and to remain in the program a sufficient
time to meet their program goals;
‘‘(12) include reading readiness activities for
preschool children based on scientifically based read-
423
ing research (as defined in section 2252), to the ex-
tent available, to ensure children enter school ready
to learn to read;
‘‘(13) if applicable, promote the continuity of
family literacy to ensure that individuals retain and
improve their educational outcomes’’; and
(5) in paragraph (14) (as so redesignated), by
striking ‘‘program.’’ and inserting ‘‘program to be
used for program improvement.’’.
( j) ELIGIBLE PARTICIPANTS.—Section 1206 of the
Elementary and Secondary Education Act of 1965 (20
U.S.C. 6366) is amended—
(1) in subsection (a)(1)(B) by striking ‘‘part;’’
and inserting ‘‘part, or who are attending secondary
school;’’; and
(2) in subsection (b), by adding at the end the
following:
‘‘(3) CHILDREN 8 YEARS OF AGE OR OLDER.—
If an Even Start program assisted under this part
collaborates with a program under part A, and funds
received under such part A program contribute to
paying the cost of providing programs under this
part to children 8 years of age or older, the Even
Start program, notwithstanding subsection (a)(2),
may permit the participation of children 8 years of
424
age or older if the focus of the program continues
to remain on families with young children.’’.
(k) PLAN.—Section 1207(c) of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 6367(c)) is
amended—
(1) in paragraph (1)—
(A) in the matter preceding subparagraph
(A), by inserting ‘‘and continuous improve-
ment’’ after ‘‘plan of operation’’;
(B) in subparagraph (A), by striking
‘‘goals;’’ and inserting ‘‘objectives, strategies to
meet such objectives, and how they are con-
sistent with the program indicators established
by the State;’’;
(C) in subparagraph (E), by striking
‘‘and’’ at the end;
(D) in subparagraph (F)—
(i) by striking ‘‘Act, the Goals 2000:
Educate America Act,’’ and inserting
‘‘Act’’; and
(ii) by striking the period at the end
and inserting ‘‘; and’’; and
(E) by adding at the end the following:
‘‘(G) a description of how the plan pro-
vides for rigorous and objective evaluation of
425
progress toward the program objectives de-
scribed in subparagraph (A) and for continuing
use of evaluation data for program improve-
ment.’’; and
(2) in paragraph (2), in the matter preceding
subparagraph (A), by striking ‘‘(1)(A)’’ and insert-
ing ‘‘(1)’’.
(l) AWARD OF SUBGRANTS.—Section 1208 of the El-
ementary and Secondary Education Act of 1965 (20
U.S.C. 6368) is amended—
(1) in subsection (a)—
(A) in paragraph (1)(B)—
(i) by striking ‘‘including a high’’ and
inserting ‘‘such as a high’’; and
(ii) by striking ‘‘part A;’’ and insert-
ing ‘‘part A, a high number or percentage
of parents who have been victims of domes-
tic violence, or a high number or percent-
age of parents who are receiving assistance
under a State program funded under part
A of title IV of the Social Security Act (42
U.S.C. 601 et seq.);’’;
(B) in paragraph (1)(F), by striking ‘‘Fed-
eral’’ and inserting ‘‘non-Federal’’;
426
(C) in paragraph (1)(H), by inserting
‘‘family literacy projects and other’’ before
‘‘local educational agencies’’; and
(D) in paragraph (3), in the matter pre-
ceding subparagraph (A), by striking ‘‘one or
more of the following individuals:’’ and insert-
ing ‘‘one individual with expertise in family lit-
eracy programs, and may include other individ-
uals, such as one or more of the following:’’;
and
(2) in subsection (b)—
(A) by striking paragraph (3) and insert-
ing the following:
‘‘(3) CONTINUING
ELIGIBILITY.—In awarding
subgrant funds to continue a program under this
part after the first year, the State educational agen-
cy shall review the progress of each eligible entity in
meeting the objectives of the program referred to in
section 1207(c)(1)(A) and shall evaluate the pro-
gram based on the indicators of program quality de-
veloped by the State under section 1210.’’; and
(B) by amending paragraph (5)(B) to read
as follows:
427
‘‘(B) The Federal share of any subgrant re-
newed under subparagraph (A) shall be limited in
accordance with section 1204(b).’’.
(m) RESEARCH.—Section 1211 of the Elementary
and Secondary Education Act of 1965 (20 U.S.C. 6369b)
is amended—
(1) in subsection (b), by striking ‘‘subsection
(a)’’ and inserting ‘‘subsections (a) and (b)’’;
(2) by redesignating subsection (b) as sub-
section (c); and
(3) by inserting after subsection (a) the fol-
lowing:
‘‘(b) SCIENTIFICALLY BASED RESEARCH ON FAMILY
LITERACY.—
‘‘(1) IN
GENERAL.—From amounts reserved
under section 1202(b)(2), the National Institute for
Literacy, in consultation with the Secretary, shall
carry out research that—
‘‘(A) is scientifically based reading re-
search (as defined in section 2252); and
‘‘(B) determines—
‘‘(i) the most effective ways of improv-
ing the literacy skills of adults with read-
ing difficulties; and
428
‘‘(ii) how family literacy services can
best provide parents with the knowledge
and skills they need to support their chil-
dren’s literacy development.
‘‘(2) USE OF EXPERT ENTITY.—The National
Institute for Literacy, in consultation with the Sec-
retary, shall carry out the research under paragraph
(1) through an entity, including a Federal agency,
that has expertise in carrying out longitudinal stud-
ies of the development of literacy skills in children
and has developed effective interventions to help
children with reading difficulties.’’.
(n) INDICATORS OF PROGRAM QUALITY.—Not later
than 30 days after the date of the enactment of this Act,
the Secretary shall notify each State that receives funds
under part B of title I of the Elementary and Secondary
Education Act of 1965 that to be eligible to receive fiscal
year 2001 funds under part B, such State shall submit
to the Secretary, not later than June 30, 2001, its indica-
tors of program quality as described in section 1210 of
the Elementary and Secondary Education Act of 1965. A
State that fails to comply with this subsection shall be in-
eligible to receive funds under such part in subsequent
years unless such State submits to the Secretary, not later
than June 30 of the year in which funds are requested,
429
its indicators of program quality as described in section
1210 of the Elementary and Secondary Education Act of
1965.
SEC. 1605. EDUCATION OF MIGRATORY CHILDREN.
Section 1304(b) of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 6394(b)) is amended—
(1) in paragraph (5), by striking ‘‘and’’ at the
end;
(2) in paragraph (6), by striking the period at
the end and inserting ‘‘; and’’; and
(3) by adding at the end the following:
‘‘(7) a description of how the State will encour-
age programs and projects assisted under this part
to offer family literacy services if the program or
project serves a substantial number of migratory
children who have parents who do not have a high
school diploma or its recognized equivalent or who
have low levels of literacy.’’.
SEC. 1606. DEFINITIONS.
(a) IN GENERAL.—Section 14101 of the Elementary
and Secondary Education Act of 1965 (20 U.S.C. 8801)
is amended—
(1) by redesignating paragraphs (15) through
(29) as paragraphs (16) through (30), respectively;
and
430
(2) by inserting after paragraph (14) the fol-
lowing:
‘‘(15) FAMILY LITERACY SERVICES.—The term
‘family literacy services’ means services provided to
participants on a voluntary basis that are of suffi-
cient intensity in terms of hours, and of sufficient
duration, to make sustainable changes in a family,
and that integrate all of the following activities:
‘‘(A) Interactive literacy activities between
parents and their children.
‘‘(B) Training for parents regarding how
to be the primary teacher for their children and
full partners in the education of their children.
‘‘(C) Parent literacy training that leads to
economic self-sufficiency.
‘‘(D) An age-appropriate education to pre-
pare children for success in school and life ex-
periences.’’.
(b) CONFORMING AMENDMENTS.—
(1) EVEN
START
FAMILY
LITERACY
PRO-
GRAMS.—Section 1202(e) of the Elementary and
Secondary Education Act of 1965 (20 U.S.C.
6362(e)) is amended—
(A) by striking paragraph (3); and
431
(B) by redesignating paragraphs (4) and
(5) as paragraphs (3) and (4), respectively.
(2) READING
AND
LITERACY
GRANTS.—(A)
Section 2252 of the Elementary and Secondary Edu-
cation Act of 1965 (20 U.S.C. 6661a) is amended—
(i) by striking paragraph (2); and
(ii) 
by 
redesignating 
paragraphs 
(3)
through (5) as paragraphs (2) through (4), re-
spectively.
(B) Section 2260 of the Elementary and Sec-
ondary Education Act of 1965 (20 U.S.C. 6661i) is
amendmed—
(i) in subsection (a), by striking ‘‘and sec-
tion 1202(c)’’ each place it appears, and
(ii) in subsection (b)—
(I) in paragraph (1), by inserting
‘‘and’’ after the semicolon;
(II) in paragraph (2), by striking ‘‘;
and ’’ and inserting a period; and
(III) by striking paragraph (3).
SEC. 1607. INDIAN EDUCATION.
(a) EARLY CHILDHOOD DEVELOPMENT PROGRAM.—
Section 1143 of the Education Amendments of 1978 (25
U.S.C. 2023) is amended—
432
(1) in subsection (b)(1), in the matter pre-
ceding subparagraph (A)—
(A) by striking ‘‘(f )’’ and inserting ‘‘(g)’’;
and
(B) by striking ‘‘(e))’’ and inserting
‘‘(f ))’’;
(2) in subsection (d)(1)—
(A) by redesignating subparagraphs (D)
and (E) as subparagraphs (E) and (F), respec-
tively; and
(B) by inserting after subparagraph (C)
the following:
‘‘(D) family literacy services,’’;
(3) in subsection (e), by striking ‘‘(f ),’’ and in-
serting ‘‘(g),’’;
(4) by redesignating subsections (e) and (f ) as
subsections (f ) and (g), respectively; and
(5) by inserting after subsection (d) the fol-
lowing:
‘‘(e) Family literacy programs operated under this
section, and other family literacy programs operated by
the Bureau of Indian Affairs, shall be coordinated with
family literacy programs for American Indian children
under part B of title I of the Elementary and Secondary
Education Act of 1965 in order to avoid duplication and
433
to encourage the dissemination of information on quality
family literacy programs serving American Indians.’’.
(b) DEFINITIONS.—Section 1146 of the Education
Amendments of 1978 (25 U.S.C. 2026) is amended—
(1) by redesignating paragraphs (7) through
(14) as paragraphs (8) through (15), respectively;
and
(2) by inserting after paragraph (6) the fol-
lowing:
‘‘(7) the term ‘family literacy services’ has the
meaning given such term in section 14101 of the El-
ementary and Secondary Education Act of 1965 (20
U.S.C. 8801);’’.
TITLE XVII—CHILDREN’S
INTERNET PROTECTION
SEC. 1701. SHORT TITLE.
This title may be cited as the ‘‘Children’s Internet
Protection Act’’.
SEC. 1702. DISCLAIMERS.
(a) DISCLAIMER REGARDING CONTENT.—Nothing in
this title or the amendments made by this title shall be
construed to prohibit a local educational agency, elemen-
tary 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 con-
434
tent covered by this title or the amendments made by this
title.
(b) DISCLAIMER REGARDING PRIVACY.—Nothing in
this title or the amendments made by this title shall be
construed to require the tracking of Internet use by any
identifiable minor or adult user.
SEC. 1703. STUDY OF TECHNOLOGY PROTECTION MEAS-
URES.
(a) IN GENERAL.—Not later than 18 months after
the date of the enactment of this Act, the National Tele-
communications and Information Administration shall ini-
tiate a notice and comment proceeding for purposes of—
(1) evaluating whether or not currently avail-
able technology protection measures, including com-
mercial Internet blocking and filtering software, ade-
quately addresses the needs of educational institu-
tions;
(2) making recommendations on how to foster
the development of measures that meet such needs;
and
(3) evaluating the development and effective-
ness of local Internet safety policies that are cur-
rently in operation after community input.
(b) DEFINITIONS.—In this section:
435
(1) TECHNOLOGY PROTECTION MEASURE.—The
term ‘‘technology protection measure’’ means a spe-
cific technology that blocks or filters Internet access
to visual depictions that are—
(A) obscene, as that term is defined in sec-
tion 1460 of title 18, United States Code;
(B) child pornography, as that term is de-
fined in section 2256 of title 18, United States
Code; or
(C) harmful to minors.
(2) HARMFUL TO MINORS.—The term ‘‘harmful
to minors’’ means any picture, image, graphic image
file, or other visual depiction that—
(A) taken as a whole and with respect to
minors, appeals to a prurient interest in nudity,
sex, or excretion;
(B) depicts, describes, or represents, in a
patently offensive way with respect to what is
suitable for minors, an actual or simulated sex-
ual act or sexual contact, actual or simulated
normal or perverted sexual acts, or a lewd exhi-
bition of the genitals; and
(C) taken as a whole, lacks serious literary,
artistic, political, or scientific value as to mi-
nors.
436
(3) SEXUAL
ACT; 
SEXUAL
CONTACT.—The
terms ‘‘sexual act’’ and ‘‘sexual contact’’ have the
meanings given such terms in section 2246 of title
18, United States Code.
Subtitle A—Federal Funding for
Educational Institution Computers
SEC. 1711. LIMITATION ON AVAILABILITY OF CERTAIN
FUNDS FOR SCHOOLS.
Title III of the Elementary and Secondary Education
Act of 1965 (20 U.S.C. 6801 et seq.) is amended by add-
ing at the end the following:
‘‘PART F—LIMITATION ON AVAILABILITY OF
CERTAIN FUNDS FOR SCHOOLS
‘‘SEC. 3601. LIMITATION ON AVAILABILITY OF CERTAIN
FUNDS FOR SCHOOLS.
‘‘(a) INTERNET SAFETY.—
‘‘(1) IN GENERAL.—No funds made available
under this title to a local educational agency for an
elementary or secondary school that does not receive
services at discount rates under section 254(h)(5) of
the Communications Act of 1934, as added by sec-
tion 1721 of Children’s Internet Protection Act, may
be used to purchase computers used to access the
Internet, or to pay for direct costs associated with
accessing the Internet, for such school unless the
437
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 tech-
nology protection measure with respect to any
of its computers with Internet access that pro-
tects against access through such computers to
visual depictions that are—
‘‘(I) obscene; or
‘‘(II) child pornography; and
438
‘‘(ii) is enforcing the operation of such
technology protection measure during any use
of such computers.
‘‘(2) TIMING
AND
APPLICABILITY
OF
IMPLE-
MENTATION.—
‘‘(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 Act fol-
lowing the effective date of this section, and for
each subsequent program funding year there-
after.
‘‘(B) PROCESS.—
‘‘(i) SCHOOLS WITH INTERNET SAFE-
TY POLICIES AND TECHNOLOGY PROTEC-
TION MEASURES IN PLACE.—A local edu-
cational 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 Act.
439
‘‘(ii) SCHOOLS
WITHOUT
INTERNET
SAFETY POLICIES AND TECHNOLOGY PRO-
TECTION
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 Act, shall certify that it is
undertaking such actions, including
any necessary procurement proce-
dures, to put in place an Internet
safety policy that meets such require-
ments; 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 Act, shall certify
that such school is in compliance with
such requirements.
440
Any school covered by paragraph (1) for
which the local educational agency con-
cerned is unable to certify compliance with
such requirements in such second program
year shall be ineligible for all funding
under this title 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 con-
cerned cannot make the certification other-
wise required by that clause may seek a
waiver of that clause if State or local pro-
curement rules or regulations or competi-
tive bidding requirements prevent the mak-
ing of the certification otherwise required
by that clause. The local educational agen-
cy 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
441
the effective date of this section in which
the school is applying for funds under this
title.
‘‘(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 law-
ful purposes.
‘‘(4) NONCOMPLIANCE.—
‘‘(A) USE OF GENERAL EDUCATION PROVI-
SIONS ACT REMEDIES.—Whenever the Secretary
has reason to believe that any recipient of funds
under this title is failing to comply substantially
with the requirements of this subsection, the
Secretary may—
‘‘(i) withhold further payments to the
recipient under this title,
‘‘(ii) issue a complaint to compel com-
pliance of the recipient through a cease
and desist order, or
‘‘(iii) enter into a compliance agree-
ment with a recipient to bring it into com-
pliance with such requirements,
442
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).
‘‘(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 Sec-
retary 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 with-
holding 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 recipi-
ent under that subparagraph.
‘‘(5) DEFINITIONS.—In this section:
‘‘(A) COMPUTER.—The term ‘computer’
includes any hardware, software, or other tech-
nology attached or connected to, installed in, or
otherwise used in connection with a computer.
443
‘‘(B) ACCESS TO INTERNET.—A computer
shall be considered to have access to the Inter-
net 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 ele-
mentary or secondary school shall be considered
to have received funds under this title for the
acquisition or operation of any computer if such
funds are used in any manner, directly or
indirectly—
‘‘(i) to purchase, lease, or otherwise
acquire or obtain the use of such com-
puter; or
‘‘(ii) to obtain services, supplies, soft-
ware, or other actions or materials to sup-
port, 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, United States
Code.
444
‘‘(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, ac-
tual or simulated normal or perverted sex-
ual acts, or a lewd exhibition of the geni-
tals; 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, United States Code.
‘‘(H) SEXUAL
ACT; SEXUAL
CONTACT.—
The terms ‘sexual act’ and ‘sexual contact’ have
the meanings given such terms in section 2246
of title 18, United States Code.
445
‘‘(b) EFFECTIVE DATE.—This section shall take ef-
fect 120 days after the date of the enactment of the Chil-
dren’s Internet Protection Act.
‘‘(c) SEPARABILITY.—If any provision of this section
is held invalid, the remainder of this section shall not be
affected thereby.’’.
SEC. 1712. LIMITATION ON AVAILABILITY OF CERTAIN
FUNDS FOR LIBRARIES.
(a) AMENDMENT.—Section 224 of the Museum and
Library Services Act (20 U.S.C. 9134(b)) is amended—
(1) in subsection (b)—
(A) by redesignating paragraph (6) as
paragraph (7); and
(B) by inserting after paragraph (5) the
following new paragraph:
‘‘(6) provide assurances that the State will com-
ply with subsection (f ); and’’; and
(2) by adding at the end the following new sub-
section:
‘‘(f ) INTERNET SAFETY.—
‘‘(1) IN GENERAL.—No funds made available
under this Act for a library described in section
213(2)(A) or (B) that does not receive services at
discount rates under section 254(h)(6) of the Com-
munications Act of 1934, as added by section 1721
446
of this Children’s Internet Protection Act, may be
used to purchase computers used to access the Inter-
net, or to pay for direct costs associated with access-
ing the Internet, for such library unless—
‘‘(A) such library—
‘‘(i) has in place a policy of Internet
safety for minors that includes the oper-
ation of a technology protection measure
with respect to any of its computers with
Internet access that protects against access
through such computers to visual depic-
tions 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) such library—
‘‘(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 ac-
cess that protects against access through
447
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) ACCESS TO OTHER MATERIALS.—Nothing
in this subsection shall be construed to prohibit a li-
brary from limiting Internet access to or otherwise
protecting against materials other than those re-
ferred to in subclauses (I), (II), and (III) of para-
graph (1)(A)(i).
‘‘(3) DISABLING
DURING
CERTAIN
USE.—An
administrator, supervisor, or other authority may
disable a technology protection measure under para-
graph (1) to enable access for bona fide research or
other lawful purposes.
‘‘(4) TIMING
AND
APPLICABILITY
OF
IMPLE-
MENTATION.—
‘‘(A) IN GENERAL.—A library covered by
paragraph (1) shall certify the compliance of
such library with the requirements of paragraph
(1) as part of the application process for the
next program funding year under this Act fol-
448
lowing the effective date of this subsection, and
for each subsequent program funding year
thereafter.
‘‘(B) PROCESS.—
‘‘(i) 
LIBRARIES
WITH
INTERNET
SAFETY POLICIES AND TECHNOLOGY PRO-
TECTION MEASURES IN PLACE.—A library
covered by paragraph (1) that has in place
an Internet safety policy meeting the re-
quirements of paragraph (1) shall certify
its compliance with paragraph (1) during
each annual program application cycle
under this Act.
‘‘(ii) LIBRARIES WITHOUT INTERNET
SAFETY POLICIES AND TECHNOLOGY PRO-
TECTION MEASURES IN PLACE.—A library
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 sub-
section in which the library applies for
funds under this Act, shall certify
that it is undertaking such actions, in-
449
cluding any necessary procurement
procedures, to put in place an Inter-
net safety policy that meets such re-
quirements; and
‘‘(II) for the second program
year after the effective date of this
subsection in which the library applies
for funds under this Act, shall certify
that such library is in compliance with
such requirements.
Any library covered by paragraph (1) that
is unable to certify compliance with such
requirements in such second program year
shall be ineligible for all funding under this
Act for such second program year and all
subsequent program years until such time
as such library comes into compliance with
such requirements.
‘‘(iii) WAIVERS.—Any library subject
to a certification under clause (ii)(II) that
cannot make the certification otherwise re-
quired 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
450
certification otherwise required by that
clause. The library shall notify the Direc-
tor of the Institute of Museum and Li-
brary Services of the applicability of that
clause to the library. Such notice shall cer-
tify that the library will comply with the
requirements in paragraph (1) before the
start of the third program year after the
effective date of this subsection for which
the library is applying for funds under this
Act.
‘‘(5) NONCOMPLIANCE.—
‘‘(A) USE OF GENERAL EDUCATION PROVI-
SIONS ACT REMEDIES.—Whenever the Director
of the Institute of Museum and Library Serv-
ices has reason to believe that any recipient of
funds this Act is failing to comply substantially
with the requirements of this subsection, the
Director may—
‘‘(i) withhold further payments to the
recipient under this Act,
‘‘(ii) issue a complaint to compel com-
pliance of the recipient through a cease
and desist order, or
451
‘‘(iii) enter into a compliance agree-
ment with a recipient to bring it into com-
pliance with such requirements.
‘‘(B) RECOVERY OF FUNDS PROHIBITED.—
The actions authorized by subparagraph (A)
are the exclusive remedies available with respect
to the failure of a library to comply substan-
tially with a provision of this subsection, and
the Director shall not seek a recovery of funds
from the recipient for such failure.
‘‘(C) RECOMMENCEMENT OF PAYMENTS.—
Whenever the Director determines (whether by
certification or other appropriate evidence) that
a recipient of funds who is subject to the with-
holding of payments under subparagraph (A)(i)
has cured the failure providing the basis for the
withholding of payments, the Director shall
cease the withholding of payments to the recipi-
ent under that subparagraph.
‘‘(6) SEPARABILITY.—If any provision of this
subsection is held invalid, the remainder of this sub-
section shall not be affected thereby.
‘‘(7) DEFINITIONS.—In this section:
‘‘(A) CHILD
PORNOGRAPHY.—The term
‘child pornography’ has the meaning given such
452
term in section 2256 of title 18, United States
Code.
‘‘(B) 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, ac-
tual or simulated normal or perverted sex-
ual acts, or a lewd exhibition of the geni-
tals; and
‘‘(iii) taken as a whole, lacks serious
literary, artistic, political, or scientific
value as to minors.
‘‘(C) MINOR.—The term ‘minor’ means an
individual who has not attained the age of 17.
‘‘(D) OBSCENE.—The term ‘obscene’ has
the meaning given such term in section 1460 of
title 18, United States Code.
453
‘‘(E) SEXUAL
ACT; SEXUAL
CONTACT.—
The terms ‘sexual act’ and ‘sexual contact’ have
the meanings given such terms in section 2246
of title 18, United States Code.’’.
(b) EFFECTIVE DATE.—The amendment made by
this section shall take effect 120 days after the date of
the enactment of this Act.
Subtitle B—Universal Service
Discounts
SEC. 1721. REQUIREMENT FOR SCHOOLS AND LIBRARIES
TO ENFORCE INTERNET SAFETY POLICIES
WITH TECHNOLOGY PROTECTION MEASURES
FOR COMPUTERS WITH INTERNET ACCESS AS
CONDITION OF UNIVERSAL SERVICE DIS-
COUNTS.
(a) SCHOOLS.—Section 254(h) of the Communica-
tions Act of 1934 (47 U.S.C. 254(h)) is amended—
(1) by redesignating paragraph (5) as para-
graph (7); and
(2) by inserting after paragraph (4) the fol-
lowing new paragraph (5):
‘‘(5) REQUIREMENTS
FOR
CERTAIN
SCHOOLS
WITH COMPUTERS HAVING INTERNET ACCESS.—
‘‘(A) INTERNET SAFETY.—
454
‘‘(i) IN
GENERAL.—Except as pro-
vided in clause (ii), an elementary or sec-
ondary school having computers with
Internet access may not receive services at
discount rates under paragraph (1)(B) un-
less the school, school board, local edu-
cational agency, or other authority with re-
sponsibility for administration of the
school—
‘‘(I) submits to the Commission
the certifications described in sub-
paragraphs (B) and (C);
‘‘(II) submits to the Commission
a certification that an Internet safety
policy has been adopted and imple-
mented for the school under sub-
section (l); and
‘‘(III) ensures the use of such
computers in accordance with the cer-
tifications.
‘‘(ii) APPLICABILITY.—The prohibi-
tion in clause (i) shall not apply with re-
spect to a school that receives services at
discount rates under paragraph (1)(B)
only for purposes other than the provision
455
of Internet access, Internet service, or in-
ternal connections.
‘‘(iii) PUBLIC NOTICE; HEARING.—An
elementary or secondary school described
in clause (i), or the school board, local edu-
cational agency, or other authority with re-
sponsibility for administration of the
school, shall provide reasonable public no-
tice and hold at least one public hearing or
meeting to address the proposed Internet
safety policy. In the case of an elementary
or secondary school other than an elemen-
tary or secondary school as defined in sec-
tion 14101 of the Elementary and Sec-
ondary Education Act of 1965 (20 U.S.C.
8801), the notice and hearing required by
this clause may be limited to those mem-
bers of the public with a relationship to the
school.
‘‘(B) CERTIFICATION
WITH
RESPECT
TO
MINORS.—A certification under this subpara-
graph is a certification that the school, school
board, local educational agency, or other au-
thority with responsibility for administration of
the school—
456
‘‘(i) is enforcing a policy of Internet
safety for minors that includes monitoring
the online activities of minors and the op-
eration of a technology protection measure
with respect to any of its computers with
Internet access that protects against access
through such computers to visual depic-
tions 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.
‘‘(C) CERTIFICATION
WITH
RESPECT
TO
ADULTS.—A certification under this paragraph
is a certification that the school, school board,
local educational agency, or other authority
with responsibility for administration of the
school—
‘‘(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 ac-
cess that protects against access through
457
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.
‘‘(D) DISABLING DURING ADULT USE.—An
administrator, supervisor, or other person au-
thorized by the certifying authority under sub-
paragraph (A)(i) may disable the technology
protection measure concerned, during use by an
adult, to enable access for bona fide research or
other lawful purpose.
‘‘(E) TIMING OF IMPLEMENTATION.—
‘‘(i) IN GENERAL.—Subject to clause
(ii) in the case of any school covered by
this paragraph as of the effective date of
this paragraph under section 1721(h) of
the Children’s Internet Protection Act, the
certification under subparagraphs (B) and
(C) shall be made—
‘‘(I) with respect to the first pro-
gram funding year under this sub-
section following such effective date,
458
not later than 120 days after the be-
ginning of such program funding year;
and
‘‘(II) with respect to any subse-
quent program funding year, as part
of the application process for such
program funding year.
‘‘(ii) PROCESS.—
‘‘(I) SCHOOLS
WITH
INTERNET
SAFETY
POLICY
AND
TECHNOLOGY
PROTECTION MEASURES IN PLACE.—
A school covered by clause (i) that has
in place an Internet safety policy and
technology protection measures meet-
ing the requirements necessary for
certification under subparagraphs (B)
and (C) shall certify its compliance
with subparagraphs (B) and (C) dur-
ing each annual program application
cycle under this subsection, except
that with respect to the first program
funding year after the effective date
of 
this 
paragraph 
under 
section
1721(h) of the Children’s Internet
Protection Act, the certifications shall
459
be made not later than 120 days after
the beginning of such first program
funding year.
‘‘(II) SCHOOLS WITHOUT INTER-
NET
SAFETY
POLICY
AND
TECH-
NOLOGY
PROTECTION
MEASURES
IN
PLACE.—A school covered by clause
(i) that does not have in place an
Internet safety policy and technology
protection measures meeting the re-
quirements necessary for certification
under subparagraphs (B) and (C)—
‘‘(aa) for the first program
year after the effective date of
this subsection in which it is ap-
plying for funds under this sub-
section, shall certify that it is un-
dertaking such actions, including
any necessary procurement pro-
cedures, to put in place an Inter-
net safety policy and technology
protection measures meeting the
requirements necessary for cer-
tification under subparagraphs
(B) and (C); and
460
‘‘(bb) for the second pro-
gram year after the effective date
of this subsection in which it is
applying for funds under this
subsection, shall certify that it is
in 
compliance 
with 
subpara-
graphs (B) and (C).
Any school that is unable to certify
compliance with such requirements in
such second program year shall be in-
eligible for services at discount rates
or funding in lieu of services at such
rates under this subsection for such
second year and all subsequent pro-
gram years under this subsection,
until such time as such school comes
into compliance with this paragraph.
‘‘(III) 
WAIVERS.—Any 
school
subject to subclause (II) that cannot
come into compliance with subpara-
graphs (B) and (C) in such second
year program may seek a waiver of
subclause (II)(bb) if State or local
procurement rules or regulations or
competitive bidding requirements pre-
461
vent the making of the certification
otherwise required by such subclause.
A school, school board, local edu-
cational agency, or other authority
with responsibility for administration
of the school shall notify the Commis-
sion of the applicability of such sub-
clause to the school. Such notice shall
certify that the school in question will
be brought into compliance before the
start of the third program year after
the effective date of this subsection in
which the school is applying for funds
under this subsection.
‘‘(F) NONCOMPLIANCE.—
‘‘(i) FAILURE
TO
SUBMIT
CERTIFI-
CATION.—Any school that knowingly fails
to comply with the application guidelines
regarding the annual submission of certifi-
cation required by this paragraph shall not
be eligible for services at discount rates or
funding in lieu of services at such rates
under this subsection.
‘‘(ii) FAILURE TO COMPLY WITH CER-
TIFICATION.—Any school that knowingly
462
fails to ensure the use of its computers in
accordance with a certification under sub-
paragraphs (B) and (C) shall reimburse
any funds and discounts received under
this subsection for the period covered by
such certification.
‘‘(iii) REMEDY OF NONCOMPLIANCE.—
‘‘(I) FAILURE
TO
SUBMIT.—A
school that has failed to submit a cer-
tification under clause (i) may remedy
the failure by submitting the certifi-
cation to which the failure relates.
Upon submittal of such certification,
the school shall be eligible for services
at discount rates under this sub-
section.
‘‘(II) FAILURE
TO
COMPLY.—A
school that has failed to comply with
a certification as described in clause
(ii) may remedy the failure by ensur-
ing the use of its computers in accord-
ance with such certification. Upon
submittal to the Commission of a cer-
tification or other appropriate evi-
dence of such remedy, the school shall
463
be eligible for services at discount
rates under this subsection.’’.
(b) LIBRARIES.—Such section 254(h) is further
amended by inserting after paragraph (5), as amended by
subsection (a) of this section, the following new para-
graph:
‘‘(6) REQUIREMENTS FOR CERTAIN LIBRARIES
WITH COMPUTERS HAVING INTERNET ACCESS.—
‘‘(A) INTERNET SAFETY.—
‘‘(i) IN
GENERAL.—Except as pro-
vided in clause (ii), a library having one or
more computers with Internet access may
not receive services at discount rates under
paragraph (1)(B) unless the library—
‘‘(I) submits to the Commission
the certifications described in sub-
paragraphs (B) and (C); and
‘‘(II) submits to the Commission
a certification that an Internet safety
policy has been adopted and imple-
mented for the library under sub-
section (l); and
‘‘(III) ensures the use of such
computers in accordance with the cer-
tifications.
464
‘‘(ii) APPLICABILITY.—The prohibi-
tion in clause (i) shall not apply with re-
spect to a library that receives services at
discount rates under paragraph (1)(B)
only for purposes other than the provision
of Internet access, Internet service, or in-
ternal connections.
‘‘(iii) PUBLIC
NOTICE; HEARING.—A
library described in clause (i) shall provide
reasonable public notice and hold at least
one public hearing or meeting to address
the proposed Internet safety policy.
‘‘(B) CERTIFICATION
WITH
RESPECT
TO
MINORS.—A certification under this subpara-
graph is a certification that the library—
‘‘(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 ac-
cess that protects against access through
such computers to visual depictions that
are—
‘‘(I) obscene;
‘‘(II) child pornography; or
‘‘(III) harmful to minors; and
465
‘‘(ii) is enforcing the operation of such
technology protection measure during any
use of such computers by minors.
‘‘(C) CERTIFICATION
WITH
RESPECT
TO
ADULTS.—A certification under this paragraph
is a certification that the library—
‘‘(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 ac-
cess 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.
‘‘(D) DISABLING DURING ADULT USE.—An
administrator, supervisor, or other person au-
thorized by the certifying authority under sub-
paragraph (A)(i) may disable the technology
protection measure concerned, during use by an
adult, to enable access for bona fide research or
other lawful purpose.
466
‘‘(E) TIMING OF IMPLEMENTATION.—
‘‘(i) IN GENERAL.—Subject to clause
(ii) in the case of any library covered by
this paragraph as of the effective date of
this paragraph under section 1721(h) of
the Children’s Internet Protection Act, the
certification under subparagraphs (B) and
(C) shall be made—
‘‘(I) with respect to the first pro-
gram funding year under this sub-
section following such effective date,
not later than 120 days after the be-
ginning of such program funding year;
and
‘‘(II) with respect to any subse-
quent program funding year, as part
of the application process for such
program funding year.
‘‘(ii) PROCESS.—
‘‘(I) LIBRARIES WITH INTERNET
SAFETY
POLICY
AND
TECHNOLOGY
PROTECTION MEASURES IN PLACE.—
A library covered by clause (i) that
has in place an Internet safety policy
and technology protection measures
467
meeting the requirements necessary
for certification under subparagraphs
(B) and (C) shall certify its compli-
ance with subparagraphs (B) and (C)
during each annual program applica-
tion cycle under this subsection, ex-
cept that with respect to the first pro-
gram funding year after the effective
date of this paragraph under section
1721(h) of the Children’s Internet
Protection Act, the certifications shall
be made not later than 120 days after
the beginning of such first program
funding year.
‘‘(II) 
LIBRARIES
WITHOUT
INTERNET SAFETY POLICY AND TECH-
NOLOGY
PROTECTION
MEASURES
IN
PLACE.—A library covered by clause
(i) that does not have in place an
Internet safety policy and technology
protection measures meeting the re-
quirements necessary for certification
under subparagraphs (B) and (C)—
‘‘(aa) for the first program
year after the effective date of
468
this subsection in which it is ap-
plying for funds under this sub-
section, shall certify that it is un-
dertaking such actions, including
any necessary procurement pro-
cedures, to put in place an Inter-
net safety policy and technology
protection measures meeting the
requirements necessary for cer-
tification under subparagraphs
(B) and (C); and
‘‘(bb) for the second pro-
gram year after the effective date
of this subsection in which it is
applying for funds under this
subsection, shall certify that it is
in 
compliance 
with 
subpara-
graphs (B) and (C).
Any library that is unable to certify
compliance with such requirements in
such second program year shall be in-
eligible for services at discount rates
or funding in lieu of services at such
rates under this subsection for such
second year and all subsequent pro-
469
gram years under this subsection,
until such time as such library comes
into compliance with this paragraph.
‘‘(III) 
WAIVERS.—Any 
library
subject to subclause (II) that cannot
come into compliance with subpara-
graphs (B) and (C) in such second
year may seek a waiver of subclause
(II)(bb) if State or local procurement
rules or regulations or competitive
bidding 
requirements 
prevent 
the
making of the certification otherwise
required by such subclause. A library,
library board, or other authority with
responsibility for administration of the
library shall notify the Commission of
the applicability of such subclause to
the library. Such notice shall certify
that the library in question will be
brought into compliance before the
start of the third program year after
the effective date of this subsection in
which the library is applying for funds
under this subsection.
‘‘(F) NONCOMPLIANCE.—
470
‘‘(i) FAILURE
TO
SUBMIT
CERTIFI-
CATION.—Any library that knowingly fails
to comply with the application guidelines
regarding the annual submission of certifi-
cation required by this paragraph shall not
be eligible for services at discount rates or
funding in lieu of services at such rates
under this subsection.
‘‘(ii) FAILURE TO COMPLY WITH CER-
TIFICATION.—Any library that knowingly
fails to ensure the use of its computers in
accordance with a certification under sub-
paragraphs (B) and (C) shall reimburse all
funds and discounts received under this
subsection for the period covered by such
certification.
‘‘(iii) REMEDY OF NONCOMPLIANCE.—
‘‘(I) FAILURE TO SUBMIT.—A li-
brary that has failed to submit a cer-
tification under clause (i) may remedy
the failure by submitting the certifi-
cation to which the failure relates.
Upon submittal of such certification,
the library shall be eligible for services
471
at discount rates under this sub-
section.
‘‘(II) FAILURE
TO
COMPLY.—A
library that has failed to comply with
a certification as described in clause
(ii) may remedy the failure by ensur-
ing the use of its computers in accord-
ance with such certification. Upon
submittal to the Commission of a cer-
tification or other appropriate evi-
dence of such remedy, the library
shall be eligible for services at dis-
count rates under this subsection.’’.
(c) DEFINITIONS.—Paragraph (7) of such section, as
redesignated by subsection (a)(1) of this section, is
amended by adding at the end the following:
‘‘(D) MINOR.—The term ‘minor’ means
any individual who has not attained the age of
17 years.
‘‘(E) OBSCENE.—The term ‘obscene’ has
the meaning given such term in section 1460 of
title 18, United States Code.
‘‘(F) CHILD
PORNOGRAPHY.—The term
‘child pornography’ has the meaning given such
472
term in section 2256 of title 18, United States
Code.
‘‘(G) 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, ac-
tual or simulated normal or perverted sex-
ual acts, or a lewd exhibition of the geni-
tals; and
‘‘(iii) taken as a whole, lacks serious
literary, artistic, political, or scientific
value as to minors.
‘‘(H) SEXUAL
ACT; SEXUAL
CONTACT.—
The terms ‘sexual act’ and ‘sexual contact’ have
the meanings given such terms in section 2246
of title 18, United States Code.
‘‘(I) TECHNOLOGY
PROTECTION
MEAS-
URE.—The term ‘technology protection meas-
473
ure’ means a specific technology that blocks or
filters Internet access to the material covered
by a certification under paragraph (5) or (6) to
which such certification relates.’’.
(d) CONFORMING AMENDMENT.—Paragraph (4) of
such section is amended by striking ‘‘paragraph (5)(A)’’
and inserting ‘‘paragraph (7)(A)’’.
(e) SEPARABILITY.—If any provision of paragraph
(5) or (6) of section 254(h) of the Communications Act
of 1934, as amended by this section, or the application
thereof to any person or circumstance is held invalid, the
remainder of such paragraph and the application of such
paragraph to other persons or circumstances shall not be
affected thereby.
(f ) REGULATIONS.—
(1) REQUIREMENT.—The Federal Communica-
tions Commission shall prescribe regulations for pur-
poses of administering the provisions of paragraphs
(5) and (6) of section 254(h) of the Communications
Act of 1934, as amended by this section.
(2) DEADLINE.—Notwithstanding any other
provision of law, the Commission shall prescribe reg-
ulations under paragraph (1) so as to ensure that
such regulations take effect 120 days after the date
of the enactment of this Act.
474
(g) AVAILABILITY OF CERTAIN FUNDS FOR ACQUISI-
TION OF TECHNOLOGY PROTECTION MEASURES.—
(1) IN GENERAL.—Notwithstanding any other
provision of law, funds available under section 3134
or part A of title VI of the Elementary and Sec-
ondary Education Act of 1965, or under section 231
of the Library Services and Technology Act, may be
used for the purchase or acquisition of technology
protection measures that are necessary to meet the
requirements of this title and the amendments made
by this title. No other sources of funds for the pur-
chase or acquisition of such measures are authorized
by this title, or the amendments made by this title.
(2) TECHNOLOGY
PROTECTION
MEASURE
DE-
FINED.—In this section, the term ‘‘technology pro-
tection measure’’ has the meaning given that term
in section 1703.
(h) EFFECTIVE DATE.—The amendments made by
this section shall take effect 120 days after the date of
the enactment of this Act.
Subtitle C—Neighborhood
Children’s Internet Protection
SEC. 1731. SHORT TITLE.
This subtitle may be cited as the ‘‘Neighborhood Chil-
dren’s Internet Protection Act’’.
475
SEC. 1732. INTERNET SAFETY POLICY REQUIRED.
Section 254 of the Communications Act of 1934 (47
U.S.C. 254) is amended by adding at the end the fol-
lowing:
‘‘(l) INTERNET SAFETY POLICY REQUIREMENT FOR
SCHOOLS AND LIBRARIES.—
‘‘(1) IN GENERAL.—In carrying out its respon-
sibilities under subsection (h), each school or library
to which subsection (h) applies shall—
‘‘(A) adopt and implement an Internet
safety policy that addresses—
‘‘(i) access by minors to inappropriate
matter on the Internet and World Wide
Web;
‘‘(ii) the safety and security of minors
when using electronic mail, chat rooms,
and other forms of direct electronic com-
munications;
‘‘(iii) unauthorized access, including
so-called ‘hacking’, and other unlawful ac-
tivities by minors online;
‘‘(iv) unauthorized disclosure, use,
and dissemination of personal identifica-
tion information regarding minors; and
476
‘‘(v) measures designed to restrict mi-
nors’ access to materials harmful to mi-
nors; and
‘‘(B) provide reasonable public notice and
hold at least one public hearing or meeting to
address the proposed Internet safety policy.
‘‘(2) LOCAL DETERMINATION OF CONTENT.—A
determination regarding what matter is inappro-
priate for minors shall be made by the school board,
local educational agency, library, or other authority
responsible for making the determination. No agency
or instrumentality of the United States Government
may—
‘‘(A) establish criteria for making such de-
termination;
‘‘(B) review the determination made by the
certifying school, school board, local educational
agency, library, or other authority; or
‘‘(C) consider the criteria employed by the
certifying school, school board, local educational
agency, library, or other authority in the ad-
ministration of subsection (h)(1)(B).
‘‘(3) AVAILABILITY FOR REVIEW.—Each Inter-
net safety policy adopted under this subsection shall
be made available to the Commission, upon request
477
of the Commission, by the school, school board, local
educational agency, library, or other authority re-
sponsible for adopting such Internet safety policy for
purposes of the review of such Internet safety policy
by the Commission.
‘‘(4) EFFECTIVE DATE.—This subsection shall
apply with respect to schools and libraries on or
after the date that is 120 days after the date of the
enactment of the Children’s Internet Protection
Act.’’.
SEC. 1733. IMPLEMENTING REGULATIONS.
Not later than 120 days after the date of enactment
of this Act, the Federal Communications Commission shall
prescribe regulations for purposes of section 254(l) of the
Communications Act of 1934, as added by section 1732
of this Act.
Subtitle D—Expedited Review
SEC. 1741. EXPEDITED REVIEW.
(a) THREE-JUDGE DISTRICT COURT HEARING.—
Notwithstanding any other provision of law, any civil ac-
tion challenging the constitutionality, on its face, 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.
478
(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, unconstitu-
tional 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.
This Act may be cited as the ‘‘Miscellaneous Appro-
priations Act, 2001’’.
Æ