20 U.S. Code § 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.
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.
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.
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.
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.
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.
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.
 So in original. Probably should be preceded by “under”.
For the effective date of this subsection, referred to in subsec. (f)(4), as 120 days after Dec. 21, 2000, see § 1(a)(4) [div. B, title XVII, § 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 (§ 1221 et seq.) of this title. For complete classification of this Act to the Code, see section 1221 of this title and Tables.
2015—Subsec. (b)(6)(A). Pub. L. 114–95 substituted “including coordination with the activities within the State that are supported by a grant under section 6646 of this title” for “including coordination with the activities within the State that are supported by a grant under section 6383 of this title”.
2014—Subsec. (b)(6)(C)(i). Pub. L. 113–128, § 512(t)(2)(A), substituted “the activities carried out by the State workforce development board under section 3111 of title 29” for “the activities carried out by the State workforce investment board under section 2821(d) of title 29”.
Subsec. (b)(6)(C)(ii). Pub. L. 113–128, § 512(t)(2)(B), substituted “the State’s one-stop delivery system established under section 3151(e) of title 29” for “the State’s one-stop delivery system established under section 2864(c) of title 29”.
2010—Subsec. (b)(6) to (8). Pub. L. 111–340, § 204(1), added par. (6) and redesignated former pars. (6) and (7) as (7) and (8), respectively.
Subsec. (e)(2). Pub. L. 111–340, § 204(2), inserted “, including through electronic means” before period at end.
2003—Subsec. (a)(1). Pub. L. 108–81, § 205(1), substituted “once every 5 years, as determined by the Director.” for “not later than April 1, 1997.”
Subsec. (b)(5). Pub. L. 108–81, § 504(f), struck out “and” at end.
Subsec. (f). Pub. L. 108–81, § 205(2)(A), substituted “this subchapter” for “this chapter” wherever appearing.
Subsec. (f)(1). Pub. L. 108–81, § 205(2)(B), substituted “section 9122(1)(A) or (B)” for “9122(2)(A) or (B)” and made technical amendment to reference in original act which appears in text as reference to section 254(h)(6) of title 47.
Subsec. (f)(7). Pub. L. 108–81, § 205(2)(C)(i), substituted “subsection:” for “section:” in introductory provisions.
Subsec. (f)(7)(D). Pub. L. 108–81, § 205(2)(C)(ii), substituted “applicable to” for “given”.
2000—Subsec. (b)(6), (7). Pub. L. 106–554, § 1(a)(4) [div. B, title XVII, § 1712(a)(1)], added par. (6) and redesignated former par. (6) as (7).
Subsec. (f). Pub. L. 106–554, § 1(a)(4) [div. B, title XVII, § 1712(a)(2)], added subsec. (f).
Amendment by Pub. L. 114–95 effective Dec. 10, 2015, except with respect to certain noncompetitive programs and competitive programs, see section 5 of Pub. L. 114–95, set out as a note under section 6301 of this title.
Amendment by Pub. L. 113–128 effective on the first day of the first full program year after July 22, 2014 (July 1, 2015), see section 506 of Pub. L. 113–128, set out as an Effective Date note under section 3101 of Title 29, Labor.
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