Page:United States Statutes at Large Volume 114 Part 5.djvu/381

 PUBLIC LAW 106-554—APPENDIX D 114 STAT. 2763A-341 access 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. "(2) ACCESS TO OTHER MATERIALS.— Nothing in this subsection shall be construed to prohibit a library from limiting Internet access to or otherwise protecting against materials other than those referred to in subclauses (I), (II), and (III) of paragraph (l)(A)(i). "(3) DISABLING DURING CERTAIN USE. —An administrator, supervisor, or other authority may disable a technology protection measure under paragraph (1) to enable access for bona fide research or other lawful purposes. "(4) TIMING AND APPLICABILITY OF IMPLEMENTATION. — "(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 following the effective date of this subsection, and for each subsequent program funding year thereafter. "(B) PROCESS.— " (i) LIBRARIES WITH INTERNET SAFETY POLICIES AND TECHNOLOGY PROTECTION MEASURES IN PLACE.—^A library 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. " (ii) LIBRARIES WITHOUT INTERNET SAFETY POLICIES AND TECHNOLOGY PROTECTION 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 subsection in which the library applies for funds under this Act, 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 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 required by that clause may seek a waiver of that clause if State or local procurement

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