Page:United States Statutes at Large Volume 115 Part 2.djvu/704

 115 STAT. 1688 PUBLIC LAW 107-110-^AN. 8, 2002 evidence) that a recipient of funds who is subject to the withholding of payments under paragraph (1)(A) 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 paragraph. "(e) DEFINITIONS.—In this subpart: "(1) 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. "(2) 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 that has access to the Internet. "(3) ACQUISITION OR OPERATION.— An elementary school or secondary school shall be considered to have received funds under this part for the acquisition or operation of any computer if such funds are used in any manner, directly or indirectly— "(A) to purchase, lease, or otherwise acquire or obtain the use of such computer; or "(B) to obtain services, supplies, software, or other actions or materials to support, or in connection with, the operation of such computer. "(4) MINOR. —The term 'minor' means an individual who has not attained the age of 17. "(5) CHILD PORNOGRAPHY. — The term 'child pornography' has the meaning given that term in section 2256 of title 18, United States Code. "(6) HARMFUL TO MINORS. — The term 'harmful to minors' means any picture, image, graphic image file, or other visual depiction that— "(A) taken as a whole and with respect to minors, appeals to a prurient interest in nudity, sex, or excretion; "(B) 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 "(C) taken as a whole, lacks serious literary, artistic, political, or scientific value as to minors. "(7) OBSCENE. —The term 'obscene' has the meaning applicable to that term under section 1460 of title 18, United States Code. "(8) SEXUAL ACT AND SEXUAL CONTACT. —The terms 'sexual act' and 'sexual contact' have the meanings given those terms in section 2246 of title 18, United States Code. "(f) SEVERABILITY. —I f any provision of this section is held invalid, the remainder of this section shall not be affected thereby.". 20 USC 6301 SEC. 202. CONTINUATION OF AWARDS. Notwithstanding any other provision of this Act or the Elementary and Secondary Education Act of 1965, in the case of— (1) a person or entity that, prior to the date of enactment of this Act, was awarded funds appropriated under the Department of Education Appropriations Act, 2001 for new teacher recruitment initiatives; or

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