20 U.S.C. § 7131: Internet safety

obscene; child pornography; or harmful to minors; and is enforcing the operation of such technology protection measure during any use of such computers by minors; and obscene; or child pornography; and is enforcing the operation of such technology protection measure during any use of such computers. 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 December 21, 2000 , and for each subsequent program funding year thereafter. 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. for the first program year after December 21, 2000 , 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 for the second program year after December 21, 2000 , in which the local educational agency is applying for funds for such school under this chapter, shall certify that such school is in compliance with such requirements. Any school covered by 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. 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 December 21, 2000 , in which the school is applying for funds under this part. 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. withhold further payments to the recipient under this part; issue a complaint to compel compliance of the recipient through a cease and desist order; or enter into a compliance agreement with a recipient to bring it into compliance with such requirements, 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. 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. The term “computer” includes any hardware, software, or other technology attached or connected to, installed in, or otherwise used in connection with a computer. 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. to purchase, lease, or otherwise acquire or obtain the use of such computer; or to obtain services, supplies, software, or other actions or materials to support, or in connection with, the operation of such computer. The term “minor” means an individual who has not attained the age of 17. The term “child pornography” has the meaning given that term in section 2256 of title 18 . taken as a whole and with respect to minors, appeals to a prurient interest in nudity, sex, or excretion; 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 taken as a whole, lacks serious literary, artistic, political, or scientific value as to minors. The term “obscene” has the meaning applicable to that term under section 1460 of title 18 . The terms “sexual act” and “sexual contact” have the meanings given those terms in section 2246 of title 18 . If any provision of this section is held invalid, the remainder of this section shall not be affected thereby.