Page:United States Statutes at Large Volume 114 Part 5.djvu/379

 PUBLIC LAW 106-554—APPENDIX D 114 STAT. 2763A-339 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 compliance of the recipient through a cease and desist order, or "(iii) enter into a compliance agreement with a recipient to bring it into compliance with such requirements, in same manner as the Secretary is authorized to take such actions under sections 455, 456, and 457, respectively, of the General Education Provisions Act (20 U.S.C. 1234d). "(B) RECOVERY OF FUNDS PROHIBITED.—The actions authorized by subparagraph (A) are the exclusive remedies available with respect to the failure of a school to comply substantially with a provision of this subsection, and the Secretary shall not seek a recovery of funds from the recipient for such failure. " (C) RECOMMENCEMENT OF PAYMENTS. — Whenever the Secretary determines (whether by certification or other appropriate evidence) that a recipient of funds who is subject to the withholding of pa5anents under subparagraph (A)(i) has cured the failure providing the basis for the withholding of payments, the Secretary shall cease the withholding of payments to the recipient under that subparagraph. "(5) DEFINITIONS. —In this section: "(A) COMPUTER. —The term 'computer' includes any hardware, software, or other technology attached or connected to, installed in, or otherwise used in connection with a computer. "(B) ACCESS TO INTERNET.— ^A computer shall be considered to have access to the Internet if such computer is equipped with a modem or is connected to a computer network which has access to the Internet. "(C) ACQUISITION OR OPERATION.—^A elementary 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 computer; or "(ii) to obtain services, supplies, software, or other actions or materials to support, or in connection with, the operation of such computer. "(D) MINOR. —The term 'minor' means an individual who has not attained the age of 17. "(E) CHILD PORNOGRAPHY. — The term 'child pornography' has the meaning given such term in section 2256 of title 18, United States Code. "(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;

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