(II) satisfied the definition of Federal property under section 403(1)(A) of the Act of September 30, 1950 (Public Law 874, 81st Congress) [20 USCS § 244(1)(A)] (as such Act was in effect on the day preceding the date of enactment of the Improving America's Schools Act of 1994 [enacted Oct. 20, 1994]).

20 U.S.C. 7713a.  School facilities for children of Government employees and other residents in Indian reservations, national parks, and national monuments.

In order to facilitate the providing of educational opportunities for children of Government employees and other residents in Indian reservations, the national parks and national monuments the Secretary of the Interior is hereby authorized in his discretion to make available for elementary school purposes therein, without charge, space in Government-owned buildings, when such space may be available for such purposes without detriment to the official business of such Indian reservations, national parks and national monuments.

20 U.S.C. 7714.  Authorization of appropriations.

(a) Payments for Federal acquisition of real property. For the purpose of making payments under section 8002 [20 USCS § 7702], there are authorized to be appropriated $ 32,000,000 for fiscal year 2000 and such sums as may be necessary for each of the seven succeeding fiscal years.

(b) Basic payments; payments for heavily impacted local educational agencies. For the purpose of making payments under section 8003(b) [20 USCS § 7703(b)], there are authorized to be appropriated $ 809,400,000 for fiscal year 2000 and such sums as may be necessary for each of the seven succeeding fiscal years.

(c) Payments for children with disabilities. For the purpose of making payments under section 8003(d) [20 USCS § 7703(d)], there are authorized to be appropriated $ 50,000,000 for fiscal year 2000 and such sums as may be necessary for each of the seven succeeding fiscal years.

(d) [Repealed]

(e) Construction. For the purpose of carrying out section 8007 [20 USCS § 7707], there are authorized to be appropriated $ 10,052,000 for fiscal year 2000 and such sums as may be necessary for fiscal year 2001, $ 150,000,000 for fiscal year 2002, and such sums as may be necessary for each of the five succeeding fiscal years.

(f) Facilities maintenance. For the purpose of carrying out section 8008 [20 USCS § 7708], there are authorized to be appropriated $ 5,000,000 for fiscal year 2000 and such sums as may be necessary for each of the seven succeeding fiscal years.

20 U.S.C. 4071 et seq.  Equal Access Act.

Title 20. Education, Chapter 52. Education for Economic Security, Equal Access.

20 U.S.C. 4071.  Denial of equal access prohibited.

(a) Restriction of limited open forum on basis of religious, political, philosophical, or other speech context prohibited. It shall be unlawful for any public secondary school which receives Federal financial assistance and which has a limited open forum to deny equal access or a fair opportunity to, or discriminate against, any students who wish to conduct a meeting within that limited open forum on the basis of the religious, political, philosophical, or other content of the speech at such meetings.

(b) "Limited open forum" defined. A public secondary school has a limited open forum whenever such school grants an offering to or opportunity for one or more noncurriculum related student groups to meet on school premises during noninstructional time.

(c) Fair opportunity criteria. Schools shall be deemed to offer a fair opportunity to students who wish to conduct a meeting within its limited open forum if such school uniformly provides that--

(1) the meeting is voluntary and student-initiated;

(2) there is no sponsorship of the meeting by the school, the government, or its agents or employees;

(3) employees or agents of the school or government are present at religious meetings only in a nonparticipatory capacity;

(4) the meeting does not materially and substantially interfere with the orderly conduct of educational activities within the school; and

(5) nonschool persons may not direct, conduct, control, or regularly attend activities of student groups.

(d) Construction of title [20 USCS §§ 4071 et seq.] with respect to certain rights. Nothing in this title [20 USCS §§ 4071 et seq.] shall be construed to authorize the United States or any State or political subdivision thereof--

(1) to influence the form or content of any prayer or other religious activity;

(2) to require any person to participate in prayer or other religious activity;

(3) to expend public funds beyond the incidental cost of providing the space for student-initiated meetings;

(4) to compel any school agent or employee to attend a school meeting if the content of the speech at the meeting is contrary to the beliefs of the agent or employee;

(5) to sanction meetings that are otherwise unlawful;

(6) to limit the rights of groups of students which are not of a specified numerical size; or

(7) to abridge the constitutional rights of any person.

(e) Federal financial assistance to schools unaffected. Notwithstanding the availability of any other remedy under the Constitution or the laws of the United States, nothing in this title [20 USCS §§ 4071 et seq.] shall be construed to authorize the United States to deny or withhold Federal financial assistance to any school.

(f) Authority of schools with respect to order, discipline, well-being, and attendance concerns. Nothing in this title [20 USCS §§ 4071 et seq.] shall be construed to limit the authority of the school, its agents or employees, to maintain order and discipline on school premises, to protect the well-being of students and faculty, and to assure that attendance of students at meetings is voluntary.

Title 20. Education, Chapter 52. Education for Economic Security, Equal Access.

20 U.S.C. 4072.  Definitions.

As used in this title [20 USCS §§ 4071 et seq.]--

(1) The term "secondary school" means a public school which provides secondary education as determined by State law.

(2) The term "sponsorship" includes the act of promoting, leading, or participating in a meeting. The assignment of a teacher, administrator, or other school employee to a meeting for custodial purposes does not constitute sponsorship of the meeting.

(3) The term "meeting" includes those activities of student groups which are permitted under a school's limited open forum and are not directly related to the school curriculum.

(4) The term "noninstructional time" means time set aside by the school before actual classroom instruction begins or after actual classroom instruction ends.

Title 20. Education, Chapter 52. Education for Economic Security, Equal Access.

20 U.S.C. 4073.  Severability.

If any provision of this title [20 USCS §§ 4071 et seq.] or the application thereof to any person or circumstances is judicially determined to be invalid, the provisions of the remainder of the title [20 USCS §§ 4071 et seq.] and the application to other persons or circumstances shall not be affected thereby.

20 U.S.C. 4074: Title 20. Education, Chapter 52. Education for Economic Security, Equal Access.

20 U.S.C. 4074.  Construction.

The provisions of this title [20 USCS §§ 4071 et seq.] shall supersede all other provisions of Federal law that are inconsistent with the provisions of this title [20 USCS §§ 4071 et seq.].

20 U.S.C. 6081 et seq.  Pro-Children Act of 1994 (Environmental Tobacco Smoke).

Title 20. Education, Chapter 68. National Education Reform, Miscellaneous, Environmental Tobacco Smoke.

20 U.S.C. 6081.  Short title.

This part [20 USCS §§ 6081 et seq.] may be cited as the "Pro-Children Act of 1994".

20 U.S.C. 6082.  Definitions.

As used in this part [20 USC§§ 6081 et seq.]:

(1) Children. The term "children" means individuals who have not attained the age of 18.

(2) Children's services. The term "children's services" means the provision on a routine or regular basis of health, day care, education, or library services--

(A) that are funded, after the date of the enactment of this Act [enacted March 31, 1994], directly by the Federal Government or through State or local governments, by Federal grant, loan, loan guarantee, or contract programs--

(i) administered by either the Secretary of Health and Human Services or the Secretary of Education (other than services provided and funded solely under titles XVIII and XIX of the Social Security Act [42 USCS §§ 1395 et seq., 1396 et seq.]); or

(ii) administered by the Secretary of Agriculture in the case of a clinic (as defined in 7 CFR 246.2) under section 17(b)(6) of the Child Nutrition Act of 1966 (42 U.S.C. 1786(b)(6)), or

(B) that are provided in indoor facilities that are constructed, operated, or maintained with such Federal funds, as determined by the appropriate Secretary in any enforcement action under this title, except that nothing in clause (ii) of subparagraph (A) is intended to include facilities (other than clinics) where coupons are redeemed under the Child Nutrition Act of 1966 [42 USCS §§ 1771 et seq. ].

(3) Person. The term "person" means any State or local subdivision thereof, agency of such State or subdivision, corporation, or partnership that owns or operates or otherwise controls and provides children's services or any individual who owns or operates or otherwise controls and provides such services.

(4) Indoor facility. The term "indoor facility" means a building that is enclosed.

(5) Secretary. The term "Secretary" means the Secretary of Health and Human Services.

20 U.S.C. 6083.  Nonsmoking policy for children's services.

(a) Prohibition. After the date of the enactment of this Act [enacted March 31, 1994], no person shall permit smoking within any indoor facility owned or leased or contracted for and utilized by such person for provision of routine or regular kindergarten, elementary, or secondary education or library services to children.

(b) Additional prohibition. After the date of the enactment of this Act [enacted March 31, 1994], no person shall permit smoking within any indoor facility (or portion thereof) owned or leased or contracted for by such person for the provision by such person of regular or routine health care or day care or early childhood development (Head Start) services to children or for the use of the employees of such person who provides such services, except that this subsection shall not apply to--

(1) any portion of such facility that is used for inpatient hospital treatment of individuals dependent on, or addicted to, drugs or alcohol; and

(2) any private residence.

(c) Federal agencies.

(1) Kindergarten, elementary, or secondary education or library services. After the date of the enactment of this Act [enacted March 31, 1994], no Federal agency shall permit smoking within any indoor facility in the United States operated by such agency, directly or by contract, to provide routine or regular kindergarten, elementary, or secondary education or library services to children.

(2) Health or day care or early childhood development services. After the date of the enactment of this Act [enacted March 31, 1994], no Federal agency shall permit smoking within any indoor facility (or portion thereof) operated by such agency, directly or by contract, to provide routine or regular health or day care or early childhood development (Head Start) services to children, except that this paragraph shall not apply to--

(A) any portion of such facility that is used for inpatient hospital treatment of individuals dependent on, or addicted to, drugs or alcohol; and

(B) any private residence.

(3) Application of provisions. The provisions of paragraph (2) shall also apply to the provision of such routine or regular kindergarten, elementary or secondary education or library services in the facilities described in paragraph (2) not subject to paragraph (1).

(d) Notice. The prohibitions in subsections (a) through (c) shall be incorporated by publication of a notice in the Federal Register by the Secretary (in consultation with the heads of other affected agencies) and by such agency heads in funding arrangements involving the provision of children's services administered by such heads. Such prohibitions shall be effective 90 days after such notice is published, or 270 days after the date of the enactment of this Act [enacted March 31, 1994], whichever occurs first.

(e) Special waiver.

(1) In general. On receipt of an application, the head of the Federal agency may grant a special waiver to a person described in subsection (a) who employs individuals who are members of a labor organization and provide children's services pursuant to a collective bargaining agreement that--

(A) took effect before the date of enactment of this Act [enacted March 31, 1994]; and

(B) includes provisions relating to smoking privileges that are in violation of the requirements of this section.

(2) Termination of waiver. A special waiver granted under this subsection shall terminate on the earlier of--

(A) the first expiration date (after the date of enactment of this Act [enacted March 31, 1994]) of the collective bargaining agreement containing the provisions relating to smoking privileges; or

(B) the date that is 1 year after the date of the enactment of this Act [enacted March 31, 1994].

(f) Civil penalties.

(1) In general. Any failure to comply with a prohibition in this section shall be a violation of this section and any person subject to such prohibition who commits such violation may be liable to the United States for a civil penalty in an amount not to exceed $ 1,000 for each violation, or may be subject to an administrative compliance order, or both, as determined by the Secretary. Each day a violation continues shall constitute a separate violation. In the case of any civil penalty under this section, the total amount shall not exceed the amount of Federal funds received by such person for the fiscal year in which the continuing violations occurred. For the purpose of the prohibition in subsection (c), the term "person" shall mean the head of the applicable Federal agency or the contractor of such agency providing the services to children.

(2) Administrative proceeding. A civil penalty may be assessed in a written notice, or an administrative compliance order may be issued, by the Secretary only after an opportunity for a hearing in accordance with section 554 of title 5, United States Code. Before making such assessment or issuing such order, or both, the Secretary shall give written notice thereof to such person by certified mail with return receipt and provide therein an opportunity to request in writing not later than 30 days after the date of receipt of such notice such hearing. The notice shall reasonably describe the violation and be accompanied with the procedures for such hearing and a simple form to request such hearing if such person desires to use such form. If a hearing is requested, the Secretary shall establish by such certified notice the time and place for such hearing which should be located, to the greatest extent possible, at a location convenient to such person. The Secretary (or the Secretary's designee) and such person may consult to arrange a suitable date and location where appropriate.

(3) Circumstances affecting penalty or order. In determining the amount of the civil penalty or the nature of the administrative compliance order, the Secretary shall take into account, as appropriate--

(A) the nature, circumstances, extent, and gravity of the violation;

(B) with respect to the violator, any good faith efforts to comply, the importance of achieving early and permanent compliance, the ability to pay or comply, the effect of the penalty or order on the ability to continue operation, any prior history of the same kind of violation, the degree of culpability, and any demonstration of willingness to comply with the prohibitions of this section in a timely manner; and

(C) such other matters as justice may require.

(4) Modification. The Secretary may, as appropriate, compromise, modify, or remit, with or without conditions, any civil penalty or administrative compliance order. In the case of a civil penalty, the amount, as finally determined by the Secretary or agreed upon in compromise, may be deducted from any sums that the United States or its agencies or instrumentalities owes to the person against whom the penalty is assessed.

(5) Petition for review. Any person aggrieved by a penalty assessed or an order issued, or both, by the Secretary under this section may file a petition for judicial review thereof with the United States Court of Appeals for the District of Columbia Circuit or for any other circuit in which the person resides or transacts business. Such person shall provide a copy thereof to the Secretary or the Secretary's designee. The petition shall be filed within 30 days after the Secretary's assessment or order, or both, are final and have been provided to such person by certified mail. The Secretary shall promptly provide to the court a certified copy of the transcript of any hearing held under this section and a copy of the notice or order.

(6) Failure to comply. If a person fails to pay an assessment of a civil penalty or comply with an order, after either or both are final under this section, or after a court under paragraph (5) has entered a final judgment in favor of the Secretary, the Attorney General, at the request of the Secretary, shall recover the amount of the civil penalty (plus interest at then currently prevailing rates from the day either or both are final) or enforce the order in an action brought in the appropriate district court of the United States. In such action, the validity and appropriateness of the penalty or order or the amount of the penalty shall not be subject to review.

20 U.S.C. 6084.  Preemption.

Nothing in this part [20 USCS §§ 6081 et seq.] is intended to preempt any provision of law of a State or political subdivision of a State that is more restrictive than a provision of this part [20 USCS §§ 6081 et seq.].

Title 20.  Education, Chapter 70.  Strengthening and Improvement of Elementary and Secondary Schools, General Provisions, Uniform Provisions, Other Provisions

20 U.S.C. 7908.  Armed Forces recruiter access to students and student recruiting information.

(a) Policy.

(1) Access to student recruiting information. Notwithstanding section 444(a)(5)(B) of the General Education Provisions Act [20 USCS § 1232g(a)(5)(B)] and except as provided in paragraph (2), each local educational agency receiving assistance under this Act [20 USCS §§ 6301 et seq.] shall provide, on a request made by military recruiters or an institution of higher education, access to secondary school students names, addresses, and telephone listings.

(2) Consent. A secondary school student or the parent of the student may request that the student's name, address, and telephone listing described in paragraph (1) not be released without prior written parental consent, and the local educational agency or private school shall notify parents of the option to make a request and shall comply with any request.

(3) Same access to students. Each local educational agency receiving assistance under this Act [20 USCS §§ 6301 et seq.] shall provide military recruiters the same access to secondary school students as is provided generally to post secondary educational institutions or to prospective employers of those students.

(b) Notification. The Secretary, in consultation with the Secretary of Defense, shall, not later than 120 days after the date of enactment of the No Child Left Behind Act of 2001 [enacted Jan. 8, 2002], notify principals, school administrators, and other educators about the requirements of this section.

(c) Exception. The requirements of this section do not apply to a private secondary school that maintains a religious objection to service in the Armed Forces if the objection is verifiable through the corporate or other organizational documents or materials of that school.

(d) Special rule. A local educational agency prohibited by Connecticut State law (either explicitly by statute or through statutory interpretation by the State Supreme Court or State Attorney General) from providing military recruiters with information or access as required by this section shall have until May 31, 2002, to comply with that requirement.

The Children's Internet Protection Act

Title 20. Education, Chapter 72. Museum and Library Services, Library Services and Technology, Basic Program Requirements

20 U.S.C. 9134.  State plans.

(a) State plan required.

(1) In general. In order to be eligible to receive a grant under this subtitle [20 USCS §§ 9121 et seq.], a State library administrative agency shall submit a State plan to the Director once every 5 years, as determined by the Director.

(2) Duration. The State plan shall cover a period of 5 fiscal years.

(3) Revisions. If a State library administrative agency makes a substantive revision to its State plan, then the State library administrative agency shall submit to the Director an amendment to the State plan containing such revision not later than April 1 of the fiscal year preceding the fiscal year for which the amendment will be effective.

(b) Contents. The State plan shall--

(1) establish goals, and specify priorities, for the State consistent with the purposes of this subtitle [20 USCS §§ 9121 et seq.];

(2) describe activities that are consistent with the goals and priorities established under paragraph (1), the purposes of this subtitle [20 USCS §§ 9121 et seq.], and section 231 [20 USCS § 9141], that the State library administrative agency will carry out during such year using such grant;

(3) describe the procedures that such agency will use to carry out the activities described in paragraph (2);

(4) describe the methodology that such agency will use to evaluate the success of the activities established under paragraph (2) in achieving the goals and meeting the priorities described in paragraph (1);

(5) describe the procedures that such agency will use to involve libraries and library users throughout the State in policy decisions regarding implementation of this subtitle [20 USCS §§ 9121 et seq.];

(6) provide assurances that the State will comply with subsection (f); and

(7) provide assurances satisfactory to the Director that such agency will make such reports, in such form and containing such information, as the Director may reasonably require to carry out this subtitle [20 USCS §§ 9121 et seq.] and to determine the extent to which funds provided under this subtitle [20 USCS §§ 9121 et seq.] have been effective in carrying out the purposes of this subtitle [20 USCS §§ 9121 et seq.].

(c) Evaluation and report. Each State library administrative agency receiving a grant under this subtitle [20 USCS §§ 9121 et seq.] shall independently evaluate, and report to the Director regarding, the activities assisted under this subtitle [20 USCS §§ 9121 et seq.], prior to the end of the 5-year plan.

(d) Information. Each library receiving assistance under this subtitle [20 USCS §§ 9121 et seq.] shall submit to the State library administrative agency such information as such agency may require to meet the requirements of subsection (c).

(e) Approval.

(1) In general. The Director shall approve any State plan under this subtitle [20 USCS §§ 9121 et seq.] that meets the requirements of this subtitle [20 USCS §§ 9121 et seq.] and provides satisfactory assurances that the provisions of such plan will be carried out.

(2) Public availability. Each State library administrative agency receiving a grant under this subtitle [20 USCS §§ 9121 et seq.] shall make the State plan available to the public.

(3) Administration. If the Director determines that the State plan does not meet the requirements of this section, the Director shall--

(A) immediately notify the State library administrative agency of such determination and the reasons for such determination;

(B) offer the State library administrative agency the opportunity to revise its State plan;

(C) provide technical assistance in order to assist the State library administrative agency in meeting the requirements of this section; and

(D) provide the State library administrative agency the opportunity for a hearing.

(f) Internet safety.

(1) In general. No funds made available under this subtitle [20 USCS §§ 9121 et seq.] for a library described in section 213(1)(A) or (B) [20 USCS § 9122(1)(A) or (B)] that does not receive services at discount rates under section 254(h)(6) of the Communications Act of 1934 (47 U.S.C. 254(h)(6)) may be used to purchase computers used to access the Internet, or to pay for direct costs associated with accessing the Internet, for such library unless--

(A) such library--

(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--