Page:United States Statutes at Large Volume 114 Part 5.djvu/382

 114 STAT. 2763A-342 PUBLIC LAW 106-554—APPENDIX D rules or regulations or competitive bidding requirements prevent the making of the certification otherwise required by that clause. The library shall notify the Director of the Institute of Museum and Library Services of the applicability of that clause to the library. Such notice shall certify that the library will comply with the requirements in paragraph (1) before the start of the third program year after the effective date of this subsection for which the library is applying for funds under this Act. "(5) NONCOMPLIANCE.— "(A) USE OF GENERAL EDUCATION PROVISIONS ACT REM- EDIES.— Whenever the Director of the Institute of Museum and Library Services has reason to believe that any recipient of funds this Act is failing to comply substantially with the requirements of this subsection, the Director may— "(i) withhold further payments to the recipient under this Act, "(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. "(B) RECOVERY OF FUNDS PROHIBITED.— The actions authorized by subparagraph (A) are the exclusive remedies available with respect to the failure of a library to comply substantially with a provision of this subsection, and the Director shall not seek a recovery of funds from the recipient for such failure. " (C) RECOMMENCEMENT OF PAYMENTS. —Whenever the Director determines (whether by certification or other appropriate evidence) that a recipient of funds who is subject to the withholding of payments under subparagraph (A)(i) has cured the failure providing the basis for the withholding of payments, the Director shall cease the withholding of payments to the recipient under that subparagraph. "(6) SEPARABILITY. —I f any provision of this subsection is held invalid, the remainder of this subsection shall not be affected thereby. "(7) DEFINITIONS. —In this section: "(A) CHILD PORNOGRAPHY.— The term 'child pornography' has the meaning given such term in section 2256 of title 18, United States Code. "(B) 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; "(ii) 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

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