20 U.S.C. § 9134: State plans

In order to be eligible to receive a grant under this subchapter, a State library administrative agency shall submit a State plan to the Director once every 5 years, as determined by the Director. The State plan shall cover a period of 5 fiscal years. If a State library administrative agency makes a substantive revision to its State plan, then the State library administrative agency shall submit to the Director an amendment to the State plan containing such revision not later than April 1 of the fiscal year preceding the fiscal year for which the amendment will be effective. establish goals, and specify priorities, for the State consistent with the purposes of this subchapter; 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; describe the procedures that such agency will use to carry out the activities described in paragraph (2); 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); 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; 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); the State’s activities carried out under subsections (b)(4) and (e)(1) of section 9837 of title 42 ; and the activities described in the State’s strategic plan in accordance with section 9837b(a)(4)(B)(i) of title 42 ; 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 ]; the State’s one-stop delivery system established under section 121(e) of such Act [ 29 U.S.C. 3151(e) ]; and 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 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; provide assurances that the State will comply with subsection (f); and 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. Each State library administrative agency receiving a grant under this subchapter shall independently evaluate, and report to the Director regarding, the activities assisted under this subchapter, prior to the end of the 5-year plan. Each library receiving assistance under this subchapter shall submit to the State library administrative agency such information as such agency may require to meet the requirements of subsection (c). The Director shall approve any State plan under this subchapter that meets the requirements of this subchapter and provides satisfactory assurances that the provisions of such plan will be carried out. Each State library administrative agency receiving a grant under this subchapter shall make the State plan available to the public, including through electronic means. immediately notify the State library administrative agency of such determination and the reasons for such determination; offer the State library administrative agency the opportunity to revise its State plan; provide technical assistance in order to assist the State library administrative agency in meeting the requirements of this section; and provide the State library administrative agency the opportunity for a hearing. obscene; child pornography; or harmful to minors; and is enforcing the operation of such technology protection measure during any use of such computers by minors; and obscene; or child pornography; and is enforcing the operation of such technology protection measure during any use of such computers. Nothing in this subsection shall be construed to prohibit a library from limiting Internet access to or otherwise protecting against materials other than those referred to in subclauses (I), (II), and (III) of paragraph (1)(A)(i). An administrator, supervisor, or other authority may disable a technology protection measure under paragraph (1) to enable access for bona fide research or other lawful purposes. A library covered by paragraph (1) shall certify the compliance of such library with the requirements of paragraph (1) as part of the application process for the next program funding year under this subchapter following the effective date of this subsection, and for each subsequent program funding year thereafter. A library 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 subchapter. 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 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 subject to a certification under clause (ii)(II) that 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 library shall notify the Director of the Institute of Museum and Library Services of the applicability of that clause to the library. Such notice shall certify that the library will comply with the requirements in paragraph (1) before the start of the third program year after the effective date of this subsection for which the library is applying for funds under this subchapter. withhold further payments to the recipient under this subchapter, issue a complaint to compel compliance of the recipient through a cease and desist order, or enter into a compliance agreement with a recipient to bring it into compliance with such requirements. The actions authorized by subparagraph (A) are the exclusive remedies available with respect to the failure of a library to comply substantially with a provision of this subsection, and the Director shall not seek a recovery of funds from the recipient for such failure. Whenever the Director 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 Director shall cease the withholding of payments to the recipient under that subparagraph. If any provision of this subsection is held invalid, the remainder of this subsection shall not be affected thereby. The term “child pornography” has the meaning given such term in section 2256 of title 18 . taken as a whole and with respect to minors, appeals to a prurient interest in nudity, sex, or excretion; 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 taken as a whole, lacks serious literary, artistic, political, or scientific value as to minors. The term “minor” means an individual who has not attained the age of 17. The term “obscene” has the meaning applicable to such term in section 1460 of title 18 . The terms “sexual act” and “sexual contact” have the meanings given such terms in section 2246 of title 18 . Notwithstanding any other provision of law, funds available under part B of title I of the Elementary and Secondary Education Act of 1965 [ 20 U.S.C. 6361 et seq.], or under section 231 of the Library Services and Technology Act [ 20 U.S.C. 9141 ], may be used for the purchase or acquisition of technology protection measures that are necessary to meet the requirements of this title [see Short Title of 2000 Amendments note set out under section 6301 of this title ] and the amendments made by this title. No other sources of funds for the purchase or acquisition of such measures are authorized by this title, or the amendments made by this title. In this section, the term ‘technology protection measure’ has the meaning given that term in section 1703 [set out as a note under section 902 of Title 47 , Telecommunications].”