20 USC 9134 - State plans

U.S Code last checked for updates: May 07, 2024

§ 9134.

State plans

(a)

State plan required

(1)

In general

(2)

Duration

(3)

Revisions

(b)

Contents

The State plan shall—

(1)

establish goals, and specify priorities, for the State consistent with the purposes of this subchapter;

(2)

describe activities that are consistent with the goals and priorities established under paragraph (1), the purposes of this subchapter, and section 9141 of this title, that the State library administrative agency will carry out during such year using such grant;

(3)

describe the procedures that such agency will use to carry out the activities described in paragraph (2);

(4)

describe the methodology that such agency will use to evaluate the success of the activities established under paragraph (2) in achieving the goals and meeting the priorities described in paragraph (1);

(5)

describe the procedures that such agency will use to involve libraries and library users throughout the State in policy decisions regarding implementation of this subchapter;

(6)

describe how the State library administrative agency will work with other State agencies and offices where appropriate to coordinate resources, programs, and activities and leverage, but not replace, the Federal and State investment in—

(A)

programs and activities under the Elementary and Secondary Education Act of 1965 [20 U.S.C. 6301 et seq.] (including programs and activities under subparts 2 and 3 of part B of title II [20 U.S.C. 6641 et seq., 6661 et seq.], and parts A and B of title IV [20 U.S.C. 7101 et seq., 7171 et seq.], of such Act);

(B)

early childhood education, including coordination with—

(i)

the State’s activities carried out under subsections (b)(4) and (e)(1) of section 9837 of title 42; and

(ii)

the activities described in the State’s strategic plan in accordance with

(C)

workforce development, including coordination with—

(i)

the activities carried out by the State workforce development board under section 101 of the Workforce Innovation and Opportunity Act [29 U.S.C. 3111];

(ii)

the State’s one-stop delivery system established under section 121(e) of such Act [29 U.S.C. 3151(e)]; and

(iii)

the activities carried out by the State in support of adult education and literacy under title II of such Act [29 U.S.C. 3271 et seq.]; and

(D)

other Federal programs and activities that relate to library services, including economic, business, and community development, health information, critical thinking skills, digital literacy skills, financial literacy and other types of literacy skills;

(7)

provide assurances that the State will comply with subsection (f); and

(8)

provide assurances satisfactory to the Director that such agency will make such reports, in such form and containing such information, as the Director may reasonably require to carry out this subchapter and to determine the extent to which funds provided under this subchapter have been effective in carrying out the purposes of this subchapter.

(c)

Evaluation and report

(d)

Information

(e)

Approval

(1)

In general

(2)

Public availability

(3)

Administration

If the Director determines that the State plan does not meet the requirements of this section, the Director shall—

(A)

immediately notify the State library administrative agency of such determination and the reasons for such determination;

(B)

offer the State library administrative agency the opportunity to revise its State plan;

(C)

provide technical assistance in order to assist the State library administrative agency in meeting the requirements of this section; and

(D)

provide the State library administrative agency the opportunity for a hearing.

(f)

Internet safety

(1)

In general

No funds made available under this subchapter for a library described in section 9122(1)(A) or (B) of this title that does not receive services at discount rates under section 254(h)(6) of title 47 may be used to purchase computers used to access the Internet, or to pay for direct costs associated with accessing the Internet, for such library unless—

(A)

such library—

(i)

has in place a policy of Internet safety for minors 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;

(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)

such library—

(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)

Access to other materials

(3)

Disabling during certain use

(4)

Timing and applicability of implementation

(A)

In general

(B)

Process

(i)

Libraries with Internet safety policies and technology protection measures in place

(ii)

Libraries without Internet safety policies and technology protection measures in place

A library 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 subsection in which the library applies for funds under this subchapter, 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 subsection in which the library applies for funds under this subchapter, shall certify that such library is in compliance with such requirements.

Any library covered by paragraph (1) that is unable to certify compliance with such requirements in such second program year shall be ineligible for all funding under this subchapter for such second program year and all subsequent program years until such time as such library comes into compliance with such requirements.

(iii)

Waivers

(5)

Noncompliance

(A)

Use of General Education Provisions Act remedies

Whenever the Director of the Institute of Museum and Library Services has reason to believe that any recipient of funds this 1

 So in original. Probably should be preceded by “under”.

subchapter is failing to comply substantially with the requirements of this subsection, the Director may—

(i)

withhold further payments to the recipient under this subchapter,

(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

(C)

Recommencement of payments

(6)

Separability

(7)

Definitions

In this subsection:

(A)

Child pornography

(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

(iii)

taken as a whole, lacks serious literary, artistic, political, or scientific value as to minors.

(C)

Minor

(D)

Obscene

(E)

Sexual act; sexual contact

(Pub. L. 94–462, title II, § 224, as added Pub. L. 104–208, div. A, title I, § 101(e) [title VII, § 702], Sept. 30, 1996, 110 Stat. 3009–233, 3009–300; amended Pub. L. 106–554, § 1(a)(4) [div. B, title XVII, § 1712(a)], Dec. 21, 2000, 114 Stat. 2763, 2763A–340; Pub. L. 108–81, title II, § 205, title V, § 504(f), Sept. 25, 2003, 117 Stat. 999, 1004; Pub. L. 111–340, title II, § 204, Dec. 22, 2010, 124 Stat. 3600; Pub. L. 113–128, title V, § 512(t)(2), July 22, 2014, 128 Stat. 1712; Pub. L. 114–95, title IX, § 9215(aaa)(2), Dec. 10, 2015, 129 Stat. 2184; Pub. L. 115–410, § 11, Dec. 31, 2018, 132 Stat. 5417.)

cite as: 20 USC 9134