Page:United States Statutes at Large Volume 114 Part 5.djvu/384

 114 STAT. 2763A-344 PUBLIC LAW 106-554—APPENDIX D or secondary school other than an elementary or secondary school as defined in section 14101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 8801), the notice and hearing required by this clause may be limited to those members of the public with a relationship to the school. "(B) CERTIFICATION WITH RESPECT TO MINORS. — A c ertification under this subparagraph is a certification that the school, school board, local educational agency, or other authority with responsibility for administration of the school— "(i) is enforcing a policy of Internet safety for minors that includes monitoring the online activities of minors and 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 "(ii) is enforcing the operation of such technology protection measure during any use of such computers by minors. "(C) CERTIFICATION WITH RESPECT TO ADULTS. — A c ertification under this paragraph is a certification that the school, school board, local educational agency, or other authority with responsibility for administration of the school— "(i) is enforcing 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 "(ii) is enforcing the operation of such technology protection measure during any use of such computers. "(D) DISABLING DURING ADULT USE.—An administrator, supervisor, or other person authorized by the certifying authority under subparagraph (A)(i) may disable the technology protection measure concerned, during use by an adult, to enable access for bona fide research or other lawful purpose. "(E) TIMING OF IMPLEMENTATION. — "(i) IN GENERAL. —Subject to clause (ii) in the case of any school covered by this paragraph as of the effective date of this paragraph under section 1721(h) of the Children's Internet Protection Act, the certification under subparagraphs (B) and (C) shall be made— "(I) with respect to the first program funding year under this subsection following such effective date, not later than 120 days after the beginning of such program funding year; and "(II) with respect to any subsequent program funding year, as part of the application process for such program funding year.

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