20 U.S.C. § 9134 — State plans

Page 1683 TITLE 20—EDUCATION § 9134 § 9133. Payments; Federal share; and mainte- nance of effort requirements (a) Payments Subject to appropriations provided pursuant to section 9123 of this title, the Director shall pay to each State library administrative agency having a State plan approved under section 9134 of this title the Federal share of the cost of the activities described in the State plan. (b) Federal share (1) In general The Federal share shall be 66 percent. (2) Non-Federal share The non-Federal share of payments shall be provided from non-Federal, State, or local sources. (c) Maintenance of effort (1) State expenditures (A) Requirement (i) In general The amount otherwise payable to a State for a fiscal year pursuant to an al- lotment under this part shall be reduced if the level of State expenditures, as de- scribed in paragraph (2), for the previous fiscal year is less than the average of the total of such expenditures for the 3 fiscal years preceding that previous fiscal year. The amount of the reduction in the allot- ment for any fiscal year shall be equal to the allotment multiplied by a fraction— (I) the numerator of which is the result obtained by subtracting the level of such State expenditures for the fiscal year for which the determination is made, from the average of the total level of such State expenditures for the 3 fiscal years preceding the fiscal year for which the determination is made; and (II) the denominator of which is the av- erage of the total level of such State ex- penditures for the 3 fiscal years pre- ceding the fiscal year for which the de- termination is made. (ii) Calculation Any decrease in State expenditures re- sulting from the application of subpara- graph (B) shall be excluded from the cal- culation of the average level of State ex- penditures for any 3-year period described in clause (i). (B) Decrease in Federal support If the amount made available under this subchapter for a fiscal year is less than the amount made available under this sub- chapter for the preceding fiscal year, then the expenditures required by subparagraph (A) for such preceding fiscal year shall be de- creased by the same percentage as the per- centage decrease in the amount so made available. (2) Level of State expenditures The level of State expenditures for the pur- poses of paragraph (1) shall include all State dollars expended by the State library adminis- trative agency for library programs that are consistent with the purposes of this sub- chapter. All funds included in the mainte- nance of effort calculation under this sub- section shall be expended during the fiscal year for which the determination is made, and shall not include capital expenditures, special one-time project costs, or similar windfalls. (3) Waiver The Director may waive the requirements of paragraph (1) if the Director determines that such a waiver would be equitable due to excep- tional or uncontrollable circumstances such as a natural disaster or a precipitous and unfore- seen decline in the financial resources of the State. (Pub. L. 94–462, title II, § 223, as added Pub. L. 104–208, div. A, title I, § 101(e) [title VII, § 702], Sept. 30, 1996, 110 Stat. 3009–233, 3009–299; amend- ed Pub. L. 105–128, § 5, Dec. 1, 1997, 111 Stat. 2549.) Editorial Notes AMENDMENTS 1997—Subsec. (c)(1)(A)(i). Pub. L. 105–128 amended sec- ond sentence generally. Prior to amendment, second sentence read as follows: ‘‘The amount of the reduction in allotment for any fiscal year shall be equal to the amount by which the level of such State expenditures for the fiscal year for which the determination is made is less than the average of the total of such expendi- tures for the 3 fiscal years preceding the fiscal year for which the determination is made.’’ § 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 admin- istrative agency shall submit a State plan to the Director once every 5 years, as determined by the Director. (2) Duration The State plan shall cover a period of 5 fis- cal 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 li- brary 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); Page 1684 TITLE 20—EDUCATION § 9134 (4) describe the methodology that such agen- cy will use to evaluate the success of the ac- tivities 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 re- garding implementation of this subchapter; (6) describe how the State library adminis- trative agency will work with other State agencies and offices where appropriate to co- ordinate resources, programs, and activities and leverage, but not replace, the Federal and State investment in— (A) programs and activities under the Ele- mentary and Secondary Education Act of 1965 [20 U.S.C. 6301 et seq.] (including pro- grams 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 sec- tion 9837 of title 42; and (ii) the activities described in the State’s strategic plan in accordance with section 9837b(a)(4)(B)(i) of title 42; (C) workforce development, including co- ordination with— (i) the activities carried out by the State workforce development board under sec- tion 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 lit- eracy 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 eco- nomic, business, and community develop- ment, health information, critical thinking skills, digital literacy skills, financial lit- eracy and other types of literacy skills; (7) provide assurances that the State will comply with subsection (f); and (8) provide assurances satisfactory to the Di- rector that such agency will make such re- ports, in such form and containing such infor- mation, as the Director may reasonably re- quire to carry out this subchapter and to de- termine 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 re- ceiving a grant under this subchapter shall inde- pendently evaluate, and report to the Director regarding, the activities assisted under this sub- chapter, prior to the end of the 5-year plan. (d) Information Each library receiving assistance under this subchapter shall submit to the State library ad- ministrative agency such information as such agency may require to meet the requirements of subsection (c). (e) Approval (1) In general The Director shall approve any State plan under this subchapter that meets the require- ments of this subchapter and provides satis- factory 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, including through electronic means. (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 determina- tion 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 agen- cy in meeting the requirements of this sec- tion; and (D) provide the State library administra- tive agency the opportunity for a hearing. (f) Internet safety (1) In general No funds made available under this sub- chapter for a library described in section 9122(1)(A) or (B) of this title that does not re- ceive 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 safe- ty for minors that includes the operation of a technology protection measure with respect to any of its computers with Inter- net access that protects against access through such computers to visual depic- tions 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 safe- ty that includes the operation of a tech- nology 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. Page 1685 TITLE 20—EDUCATION § 9134 1 So in original. Probably should be preceded by ‘‘under’’. (2) Access to other materials Nothing in this subsection shall be con- strued 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 au- thority may disable a technology protection measure under paragraph (1) to enable access for bona fide research or other lawful pur- poses. (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 para- graph (1) during each annual program ap- plication cycle under this subchapter. (ii) Libraries without Internet safety poli- cies and technology protection meas- ures in place A library covered by paragraph (1) that does not have in place an Internet safety policy meeting the requirements of para- graph (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 under- taking such actions, including any nec- essary 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 re- quirements. 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 regula- tions or competitive bidding requirements prevent the making of the certification otherwise required by that clause. The li- brary shall notify the Director of the Insti- tute of Museum and Library Services of the applicability of that clause to the li- brary. Such notice shall certify that the li- brary 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 sub- chapter is failing to comply substantially with the requirements of this subsection, the Director may— (i) withhold further payments to the re- cipient under this subchapter, (ii) issue a complaint to compel compli- ance of the recipient through a cease and desist order, or (iii) enter into a compliance agreement with a recipient to bring it into compli- ance 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 sub- section, and the Director shall not seek a re- covery of funds from the recipient for such failure. (C) Recommencement of payments Whenever the Director determines (wheth- er by certification or other appropriate evi- dence) that a recipient of funds who is sub- ject 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 with- holding of payments to the recipient under that subparagraph. (6) Separability If any provision of this subsection is held in- valid, the remainder of this subsection shall not be affected thereby. (7) Definitions In this subsection: (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; Page 1686 TITLE 20—EDUCATION § 9134 (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, ac- tual or simulated normal or perverted sex- ual acts, or a lewd exhibition of the geni- tals; and (iii) taken as a whole, lacks serious lit- erary, 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 ap- plicable to such term in section 1460 of title 18. (E) Sexual act; sexual contact The terms ‘‘sexual act’’ and ‘‘sexual con- tact’’ have the meanings given such terms in section 2246 of title 18. (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; amend- ed 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.) Editorial Notes REFERENCES IN TEXT The Elementary and Secondary Education Act of 1965, referred to in subsec. (b)(6)(A), is Pub. L. 89–10, Apr. 11, 1965, 79 Stat. 27, which is classified generally to chapter 70 (§ 6301 et seq.) of this title. Subparts 2 and 3 of part B of title II of the Act are classified generally to subparts 2 (§ 6641 et seq.) and 3 (§ 6661 et seq.), respec- tively, of subchapter II of chapter 70 of this title. Parts A and B of title IV of the Act are classified generally to parts A (§ 7101 et seq.) and B (§ 7171 et seq.), respec- tively, of subchapter IV of chapter 70 of this title. For complete classification of this Act to the Code, see Short Title note set out under section 6301 of this title and Tables. The Workforce Innovation and Opportunity Act, re- ferred to in subsec. (b)(6)(C)(iii), is Pub. L. 113–128, July 22, 2014, 128 Stat. 1425. Title II of the Act, known as the Adult Education and Family Literacy Act, is classified generally to subchapter II (§ 3271 et seq.) of chapter 32 of Title 29, Labor. For complete classification of these Acts to the Code, see sections 1(a) and 201 of Pub. L. 113–128, set out as Short Title notes under section 3101 of Title 29 and Tables. 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, which is classified generally to chap- ter 31 (§ 1221 et seq.) of this title. For complete classi- fication of this Act to the Code, see section 1221 of this title and Tables. AMENDMENTS 2018—Subsec. (b)(6)(A). Pub. L. 115–410, § 11(1), added subpar. (A) and struck out former subpar. (A) which read as follows: ‘‘elementary and secondary education, including coordination with the activities within the State that are supported by a grant under section 6646 of this title;’’. Subsec. (b)(6)(C)(iii). Pub. L. 115–410, § 11(2), added cl. (iii). Subsec. (b)(6)(D). Pub. L. 115–410, § 11(3), inserted ‘‘, business,’’ after ‘‘economic’’ and substituted ‘‘, health information, critical thinking skills, digital literacy skills, financial literacy and other types of lit- eracy skills’’ for ‘‘and health information’’. 2015—Subsec. (b)(6)(A). Pub. L. 114–95 substituted ‘‘in- cluding coordination with the activities within the State that are supported by a grant under section 6646 of this title’’ for ‘‘including coordination with the ac- tivities 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 work- force investment board under section 2821(d) of title 29’’. Subsec. (b)(6)(C)(ii). Pub. L. 113–128, § 512(t)(2)(B), sub- stituted ‘‘the State’s one-stop delivery system estab- lished 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 appear- ing. 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), sub- stituted ‘‘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 redesig- nated former par. (6) as (7). Subsec. (f). Pub. L. 106–554, § 1(a)(4) [div. B, title XVII, § 1712(a)(2)], added subsec. (f). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2015 AMENDMENT Amendment by Pub. L. 114–95 effective Dec. 10, 2015, except with respect to certain noncompetitive pro- grams and competitive programs, see section 5 of Pub. L. 114–95, set out as a note under section 6301 of this title. EFFECTIVE DATE OF 2014 AMENDMENT 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. EFFECTIVE DATE OF 2000 AMENDMENT Pub. L. 106–554, § 1(a)(4) [div. B, title XVII, § 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].’’ Page 1687 TITLE 20—EDUCATION § 9141 AVAILABILITY OF CERTAIN FUNDS FOR ACQUISITION OF TECHNOLOGY PROTECTION MEASURES Pub. L. 106–554, § 1(a)(4) [div. B, title XVII, § 1721(g)], Dec. 21, 2000, 114 Stat. 2763, 2763A–350, as amended by Pub. L. 114–95, title IX, § 9215(q), Dec. 10, 2015, 129 Stat. 2171, provided that: ‘‘(1) IN GENERAL.—Notwithstanding any other provi- sion 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 pro- tection measures that are necessary to meet the re- quirements of this title [see Short Title of 2000 Amend- ments 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. ‘‘(2) TECHNOLOGY PROTECTION MEASURE DEFINED.—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, Tele- communications].’’ PART 2—LIBRARY PROGRAMS § 9141. Grants to States (a) In general Of the funds provided to a State library ad- ministrative agency under section 9123 of this title, such agency shall expend, either directly or through subgrants or cooperative agreements, at least 96 percent of such funds for— (1) expanding services for learning and ac- cess to information and educational resources in a variety of formats (including new and emerging technology), in all types of libraries, for individuals of all ages in order to support such individuals’ needs for education, lifelong learning, workforce development, economic and business development, health information, critical thinking skills, digital literacy skills, and financial literacy and other types of lit- eracy skills; (2) establishing or enhancing electronic and other linkages and improved coordination among and between libraries and entities, as described in section 9134(b)(6) of this title, for the purpose of improving the quality of and access to library and information services; (3)(A) providing training and professional de- velopment, including continuing education, to enhance the skills of the current library work- force and leadership, and advance the delivery of library and information services; and (B) enhancing efforts to recruit future pro- fessionals, including those from diverse and underrepresented backgrounds, to the field of library and information services; (4) developing public and private partner- ships with other agencies, tribes, and commu- nity-based organizations; (5) targeting library services to individuals of diverse geographic, cultural, and socio- economic backgrounds, to individuals with disabilities, and to individuals with limited functional literacy or information skills; (6) targeting library and information serv- ices to persons having difficulty using a li- brary and to underserved urban and rural com- munities, including children (from birth through age 17) from families with incomes below the poverty line (as defined by the Of- fice of Management and Budget and revised annually in accordance with section 9902(2) of title 42) applicable to a family of the size in- volved; (7) developing library services that provide all users access to information through local, State, regional, national, and international collaborations and networks; and (8) carrying out other activities consistent with the purposes set forth in section 9121 of this title, as described in the State library ad- ministrative agency’s plan. (b) Special rule Each State library administrative agency re- ceiving funds under this part may apportion the funds available for the priorities described in subsection (a) as appropriate to meet the needs of the individual State. (Pub. L. 94–462, title II, § 231, as added Pub. L. 104–208, div. A, title I, § 101(e) [title VII, § 702], Sept. 30, 1996, 110 Stat. 3009–233, 3009–301; amend- ed Pub. L. 108–81, title II, § 206, Sept. 25, 2003, 117 Stat. 999; Pub. L. 111–340, title II, § 205, Dec. 22, 2010, 124 Stat. 3600; Pub. L. 115–410, § 12, Dec. 31, 2018, 132 Stat. 5417.) Editorial Notes AMENDMENTS 2018—Subsec. (a)(1). Pub. L. 115–410, § 12(1), inserted ‘‘(including new and emerging technology)’’ after ‘‘for- mats’’ and substituted ‘‘workforce development, eco- nomic and business development, health information, critical thinking skills, digital literacy skills, and fi- nancial literacy and other types of literacy skills’’ for ‘‘workforce development, and digital literacy skills’’. Subsec. (a)(3)(B). Pub. L. 115–410, § 12(2), inserted ‘‘, including those from diverse and underrepresented backgrounds,’’ after ‘‘professionals’’. Subsec. (a)(4). Pub. L. 115–410, § 12(3), inserted ‘‘, tribes,’’ after ‘‘agencies’’. 2010—Subsec. (a). Pub. L. 111–340, § 205(1), inserted ‘‘in order to support such individuals’ needs for education, lifelong learning, workforce development, and digital literacy skills’’ before semicolon at end in par. (1), added pars. (2) and (3), redesignated former par. (2) as (7) and substituted ‘‘collaborations and networks; and’’ for ‘‘electronic networks;’’, struck out former par. (3) which read ‘‘providing electronic and other linkages among and between all types of libraries;’’, and added par. (8). Subsec. (b). Pub. L. 111–340, § 205(2), added subsec. (b) and struck out heading and text of former subsec. (b). Prior to amendment, text read as follows: ‘‘Each State library administrative agency receiving funds under this part may apportion the funds available for the pur- poses described in subsection (a) of this section among such purposes, as appropriate, to meet the needs of the individual State.’’ 2003—Subsec. (a)(1) to (6). Pub. L. 108–81, § 206(1), added pars. (1) to (6) and struck out former pars. (1) and (2) which read as follows: ‘‘(1)(A) establishing or enhancing electronic linkages among or between libraries; ‘‘(B) electronically linking libraries with educational, social, or information services; ‘‘(C) assisting libraries in accessing information through electronic networks; ‘‘(D) encouraging libraries in different areas, and en- couraging different types of libraries, to establish con- sortia and share resources; or ‘‘(E) paying costs for libraries to acquire or share computer systems and telecommunications tech- nologies; and