US Code

Public Law 119-83 (04/13/2026)

20 U.S.C. § 7131

Internet safety

(a)

In general

section 254(h)(5) of title 47No funds made available under this part to a local educational agency for an elementary school or secondary school that does not receive services at discount rates under may be used to purchase computers used to access the Internet, or to pay for direct costs associated with accessing the Internet, for such school unless the school, school board, local educational agency, or other authority with responsibility for administration of such school both—
(1)
(A)
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
(B)
is enforcing the operation of such technology protection measure during any use of such computers by minors; and
(2)
(A)
has in place a policy of Internet safety that includes the operation of a technology protection measure with respect to any of its computers with Internet access that protects against access through such computers to visual depictions that are—
(i)
obscene; or
(ii)
child pornography; and
(B)
is enforcing the operation of such technology protection measure during any use of such computers.
(b)

Timing and applicability of implementation

(1)

In general

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

(2)

Process

(A)

Schools with Internet safety policies and technology protection measures in place

A local educational agency with responsibility for a school covered by subsection (a) that has in place an Internet safety policy meeting the requirements of subsection (a) shall certify its compliance with subsection (a) during each annual program application cycle under this chapter.

(B)

Schools without Internet safety policies and technology protection measures in place

(i)

Certification

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

Ineligibility

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

(C)

Waivers

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

(c)

Disabling during certain use

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

(d)

Noncompliance

(1)

Use of General Education Provisions Act remedies

Whenever the Secretary has reason to believe that any recipient of funds under this part is failing to comply substantially with the requirements of this section, the Secretary may—
(A)
withhold further payments to the recipient under this part;
(B)
issue a complaint to compel compliance of the recipient through a cease and desist order; or
(C)
enter into a compliance agreement with a recipient to bring it into compliance with such requirements,
1
1 So in original. Probably should be followed by “the”.
20 U.S.C. 1234din  same manner as the Secretary is authorized to take such actions under sections 455, 456, and 457, respectively, of the General Education Provisions Act [, 1234e, 1234f].
(2)

Recovery of funds prohibited

The actions authorized by paragraph (1) are the exclusive remedies available with respect to the failure of a school to comply substantially with a provision of this section, and the Secretary shall not seek a recovery of funds from the recipient for such failure.

(3)

Recommencement of payments

Whenever the Secretary determines (whether by certification or other appropriate evidence) that a recipient of funds who is subject to the withholding of payments under paragraph (1)(A) has cured the failure providing the basis for the withholding of payments, the Secretary shall cease the withholding of payments to the recipient under that paragraph.

(e)

Definitions

In this subpart:
(1)

Computer

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

(2)

Access to Internet

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

(3)

Acquisition or operation

An elementary school or secondary school shall be considered to have received funds under this part for the acquisition or operation of any computer if such funds are used in any manner, directly or indirectly—
(A)
to purchase, lease, or otherwise acquire or obtain the use of such computer; or
(B)
to obtain services, supplies, software, or other actions or materials to support, or in connection with, the operation of such computer.
(4)

Minor

The term “minor” means an individual who has not attained the age of 17.

(5)

Child pornography

section 2256 of title 18The term “child pornography” has the meaning given that term in .

(6)

Harmful to minors

The term “harmful to minors” means any picture, image, graphic image file, or other visual depiction that—
(A)
taken as a whole and with respect to minors, appeals to a prurient interest in nudity, sex, or excretion;
(B)
depicts, describes, or represents, in a patently offensive way with respect to what is suitable for minors, an actual or simulated sexual act or sexual contact, actual or simulated normal or perverted sexual acts, or a lewd exhibition of the genitals; and
(C)
taken as a whole, lacks serious literary, artistic, political, or scientific value as to minors.
(7)

Obscene

section 1460 of title 18The term “obscene” has the meaning applicable to that term under .

(8)

Sexual act and sexual contact

section 2246 of title 18The terms “sexual act” and “sexual contact” have the meanings given those terms in .

(f)

Severability

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

Pub. L. 89–10, title IV, § 4121Pub. L. 107–110, title II, § 201115 Stat. 1686 Pub. L. 114–95, title II, § 2001(a)(4)(A)129 Stat. 1913 (, formerly title II, § 2441, as added , , ; renumbered title IV, § 4161, renumbered § 4121, , (B), (D), title IV, § 4001(a)(5)(D), , , 1966.)

Editorial Notes

Codification

section 6777 of this titlePub. L. 114–95Section was classified to prior to renumbering by .

Prior Provisions

Pub. L. 114–95, § 5129 Stat. 1806 Prior sections 7131 to 7140 were repealed by , title IV, § 4001(a)(5)(B), , , 1966, effective , except with respect to certain noncompetitive programs and competitive programs.

Pub. L. 89–10, title IV, § 4121Pub. L. 107–110, title IV, § 401115 Stat. 1751 Section 7131, , as added , , , related to Federal activities.

Pub. L. 89–10, title IV, § 4121Pub. L. 103–382, title I, § 101108 Stat. 3686 Pub. L. 107–110A prior section 7131, , as added , , , related to Federal activities, prior to the general amendment of this subchapter by .

Pub. L. 89–10, title IV, § 4122Pub. L. 107–110, title IV, § 401115 Stat. 1752 Section 7132, , as added , , , related to impact evaluation.

Pub. L. 89–10, title IV, § 4122Pub. L. 103–382, title I, § 101108 Stat. 3687 Pub. L. 105–244, § 3112 Stat. 1585 Pub. L. 105–244A prior section 7132, , as added , , , related to grants to institutions of higher education, prior to repeal by , title IX, § 981, , , 1837, effective , except as otherwise provided in .

Pub. L. 89–10, title IV, § 4123Pub. L. 107–110, title IV, § 401115 Stat. 1752 Section 7133, , as added , , , related to hate crime prevention.

Pub. L. 89–10, title IV, § 4123Pub. L. 103–382, title I, § 101108 Stat. 3687 Pub. L. 107–110A prior section 7133, , as added , , , related to hate crime prevention, prior to the general amendment of this subchapter by .

Pub. L. 89–10, title IV, § 4124Pub. L. 107–110, title IV, § 401115 Stat. 1754 Section 7134, , as added , , , related to the Safe and Drug-Free Schools and Communities Advisory Committee.

Pub. L. 89–10, title IV, § 4125Pub. L. 107–110, title IV, § 401115 Stat. 1755 Section 7135, , as added , , , related to the National Coordinator Program.

Pub. L. 89–10, title IV, § 4126Pub. L. 107–110, title IV, § 401115 Stat. 1756 Section 7136, , as added , , , related to community service grant programs.

Pub. L. 89–10, title IV, § 4127Pub. L. 107–110, title IV, § 401115 Stat. 1756 Section 7137, , as added , , , related to the School Security Technology and Resource Center.

Pub. L. 89–10, title IV, § 4128Pub. L. 107–110, title IV, § 401115 Stat. 1756 Section 7138, , as added , , , related to the National Center for School and Youth Safety.

Pub. L. 89–10, title IV, § 4129Pub. L. 107–110, title IV, § 401115 Stat. 1757 Section 7139, , as added , , , authorized grants to reduce alcohol abuse.

Pub. L. 89–10, title IV, § 4130Pub. L. 107–110, title IV, § 401115 Stat. 1758 Section 7140, , as added , , , related to mentoring programs.

Pub. L. 107–110Prior sections 7141 to 7144 were omitted in the general amendment of this subchapter by .

Pub. L. 89–10, title IV, § 4131Pub. L. 103–382, title I, § 101108 Stat. 3689 Section 7141, , as added , , , defined terms.

Pub. L. 89–10, title IV, § 4132Pub. L. 103–382, title I, § 101108 Stat. 3689 Section 7142, , as added , , , related to materials.

Pub. L. 89–10, title IV, § 4133Pub. L. 103–382, title I, § 101108 Stat. 3690 Section 7143, , as added , , , set forth prohibited uses of funds.

Pub. L. 89–10, title IV, § 4134Pub. L. 105–277, div. D, title I, § 122112 Stat. 2681–756 Section 7144, , as added , , , related to quality rating of drug, alcohol, and tobacco prevention programs implemented in public elementary schools and secondary schools.