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(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; and

(B)(i) has in place 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.

(2) TIMING AND APPLICABILITY OF IMPLEMENTATION. --

(A) IN GENERAL.--The local educational agency with responsibility for a school covered by paragraph (1) shall certify the compliance of such school 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 section, and for each subsequent program funding year thereafter.

(B) PROCESS.

(i) SCHOOLS WITH INTERNET SAFETY POLICIES AND TECHNOLOGY PROTECTION MEASURES IN PLACE.-A local educational agency with responsibility for a school 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) SCHOOLS WITHOUT INTERNET SAFETY POLICIES AND TECHNOLOGY PROTECTION MEASURES IN PLACE.--A local educational agency with responsibility for a school 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 section in which the local educational agency is applying for funds for such school 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 section in which the local educational agency is applying for funds for such school under this Act, shall certify that such school is in compliance with such requirements.

Any school covered by paragraph (1) for which the local educational agency concerned is unable to certify compliance with such requirements in such second program year shall be ineligible for all funding under this title for such second program year and all subsequent program years until such time as such school comes into compliance with such requirements.

(iii) WAIVERS.--Any school subject to a certification under clause (ii)(II) for which the local educational agency concerned cannot make the certification otherwise required by that clause may seek a waiver of that clause if State or local procurement rules or regulations or competitive bidding requirements prevent the making of the certification otherwise required by that clause. The local educational agency concerned shall notify the Secretary of the applicability of that clause to the school. Such notice shall certify that the school will be brought into compliance with the requirements in paragraph (1) before the start of the third program year after the effective date of this section in which the school is applying for funds under this title.

(3) DISABLING DURING CERTAIN USE.--An administrator, supervisor, or person authorized by the responsible authority under paragraph (1) may disable the technology protection measure concerned to enable access for bona fide research or other lawful purposes.

(4) NONCOMPLIANCE. --

(A) USE OF GENERAL EDUCATION PROVISIONS ACT

REMEDIES.--Whenever the Secretary has reason to believe that 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 payments 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;

(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.

(G) OBSCENE.--The term 'obscene' has the meaning given such term in section 1460 of title 18, United States Code.

(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.

(b) EFFECTIVE DATE.--This section shall take effect 120 days after the date of the enactment of the Children's Internet Protection Act.

(c) SEPARABILITY.--If any provision of this section is held invalid, the remainder of this section shall not be affected thereby.