 
                 CHAPTER 72--MUSEUM AND LIBRARY SERVICES
 
             SUBCHAPTER II--LIBRARY SERVICES AND TECHNOLOGY
 
                   Part 1--Basic Program Requirements
 
Sec. 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 not later than April 1, 1997.

                            (2) Duration

        The State plan shall cover a period of 5 fiscal years.

                            (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; and \1\
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        (6) provide assurances that the State will comply with 
    subsection (f) of this section; and
        (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;
            (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 chapter for a library 
    described in section 9122(2)(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

        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 chapter 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 chapter.
            (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 chapter, 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 chapter, 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 chapter 
            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 chapter.

                          (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 
        \2\ chapter is failing to comply substantially with the 
        requirements of this subsection, the Director may--
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                (i) withhold further payments to the recipient under 
            this chapter,
                (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

            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 section:

        (A) Child pornography

            The term ``child pornography'' has the meaning given such 
        term in section 2256 of title 18.

        (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

            The term ``minor'' means an individual who has not attained 
        the age of 17.

        (D) Obscene

            The term ``obscene'' has the meaning given such term in 
        section 1460 of title 18.

        (E) Sexual act; sexual contact

            The terms ``sexual act'' and ``sexual contact'' have the 
        meanings given such terms in section 2246 of title 18.

(Pub. L. 94-462, title II, Sec. 224, as added Pub. L. 104-208, div. A, 
title I, Sec. 101(e) [title VII, Sec. 702], Sept. 30, 1996, 110 Stat. 
3009-233, 3009-300; amended Pub. L. 106-554, Sec. 1(a)(4) [div. B, title 
XVII, Sec. 1712(a)], Dec. 21, 2000, 114 Stat. 2763, 2763A-340.)

                       References in Text

    This chapter, referred to in subsec. (f)(1), (4), (5)(A), was in the 
original ``this Act'' and was translated as reading ``this title'', 
meaning title II of Pub. L. 94-462, known as the Museum and Library 
Services Act, to reflect the probable intent of Congress.
    For the effective date of this subsection, referred to in subsec. 
(f)(4), as 120 days after Dec. 21, 2000, see Sec. 1(a)(4) [div. B, title 
XVII, Sec. 1712(b)] of Pub. L. 106-554, set out as an Effective Date of 
2000 Amendment note below.
    The General Education Provisions Act, referred to in subsec. 
(f)(5)(A), is title IV of Pub. L. 90-247, Jan. 2, 1968, 81 Stat. 814, as 
amended, which is classified generally to chapter 31 (Sec. 1221 et seq.) 
of this title. For complete classification of this Act to the Code, see 
section 1221 of this title and Tables.


                               Amendments

    2000--Subsec. (b)(6), (7). Pub. L. 106-554, Sec. 1(a)(4) [div. B, 
title XVII, Sec. 1712(a)(1)], added par. (6) and redesignated former 
par. (6) as (7).
    Subsec. (f). Pub. L. 106-554, Sec. 1(a)(4) [div. B, title XVII, 
Sec. 1712(a)(2)], added subsec. (f).


                    Effective Date of 2000 Amendment

    Pub. L. 106-554, Sec. 1(a)(4) [div. B, title XVII, Sec. 1712(b)], 
Dec. 21, 2000, 114 Stat. 2763, 2763A-343, provided that: ``The amendment 
made by this section [amending this section] shall take effect 120 days 
after the date of the enactment of this Act [Dec. 21, 2000].''

                  Section Referred to in Other Sections

    This section is referred to in sections 9132, 9133 of this title.
