Page:United States Statutes at Large Volume 114 Part 5.djvu/389

 PUBLIC LAW 106-554—APPENDIX D 114 STAT. 2763A-349 "(i) FAILURE TO SUBMIT CERTIFICATION.— Any library that knowingly fails to comply with the application guidelines regarding the annual submission of certification required by this paragraph shall not be eligible for services at discount rates or funding in lieu of services at such rates under this subsection. "(ii) FAILURE TO COMPLY WITH CERTIFICATION. — Any library that knowingly fails to ensure the use of its computers in accordance with a certification under subparagraphs (B) and (C) shall reimburse all funds and discounts received under this subsection for the period covered by such certification, " (iii) REMEDY OF NONCOMPLIANCE. — "(I) FAILURE TO SUBMIT.—^A library that has failed to submit a certification under clause (i) may remedy the failure by submitting the certification to which the failure relates. Upon submittal of such certification, the library shall be eligible for services at discount rates under this subsection. "(II) FAILURE TO COMPLY. — A library that has failed to comply with a certification as described in clause (ii) may remedy the failure by ensuring the use of its computers in accordance with such certification. Upon submittal to the Commission of a certification or other appropriate evidence of such remedy, the library shall be eligible for services at discount rates under this subsection.". (c) DEFINITIONS. — Paragraph (7) of such section, as redesignated by suljsection (a)(1) of this section, is amended by adding at the end the following: "(D) MINOR. —The term 'minor* means any individual who has not attained the age of 17 years. "(E) OBSCENE. —The term 'obscene' has the meaning given such term in section 1460 of title 18, United States Code. "(F) CHILD PORNOGRAPHY. —The term 'child pornography' has the meeining given such term in section 2256 of title 18, United States Code. "(G) 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 "(iii) taken as a whole, lacks serious literary, artistic, political, or scientific value as to minors. "(H) SEXUAL ACT; SEXUAL CONTACT.—The terms 'sexual act' and 'sexual contact' have the meanings given such terms in section 2246 of title 18, United States Code. "(I) TECHNOLOGY PROTECTION MEASURE.—The term 'technology protection measure' means a specific technology that blocks or filters Internet access to the material covered

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