§ 9134. State plans
(a)
State plan required
(1)
In general
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.
(3)
Revisions
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.
(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;
(7)
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
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.
(d)
Information
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) of this section.
(e)
Approval
(1)
In general
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.
(2)
Public availability
Each State library administrative agency receiving a grant under this subchapter shall make the State plan available to the public.
(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;
(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—
(2)
Access to other materials
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).
(3)
Disabling during certain use
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.
(4)
Timing and applicability of implementation
(A)
In general
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.
(B)
Process
(i)
Libraries with Internet safety policies and technology protection measures in place
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.
(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
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.
(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] subchapter is failing to comply substantially with the requirements of this subsection, the Director may—
(B)
Recovery of funds prohibited
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.
(C)
Recommencement of payments
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.
(6)
Separability
If any provision of this subsection is held invalid, the remainder of this subsection shall not be affected thereby.
(7)
Definitions
In this subsection:
(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;
[1] So in original. Probably should be preceded by “under”.