[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 5071 Introduced in Senate (IS)]
<DOC>
116th CONGRESS
2d Session
S. 5071
To support library infrastructure.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
December 19, 2020
Mr. Reed introduced the following bill; which was read twice and
referred to the Committee on Health, Education, Labor, and Pensions
_______________________________________________________________________
A BILL
To support library infrastructure.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Build America's Libraries Act''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Director.--The term ``Director'' has the meaning given
the term in section 202 of the Museum and Library Services Act
(20 U.S.C. 9101).
(2) Indian tribe.--The term ``Indian Tribe'' has the
meaning given the term ``Indian tribe'' in section 202 of the
Museum and Library Services Act (20 U.S.C. 9101).
(3) Library.--The term ``library'' has the meaning given
the term in section 213 of the Library Services and Technology
Act (20 U.S.C. 9122).
(4) State.--The term ``State'' has the meaning given the
term in section 213 of the Library Services and Technology Act
(20 U.S.C. 9122).
(5) State library administrative agency.--The term ``State
library administrative agency'' has the meaning given the term
in section 213 of the Library Services and Technology Act (20
U.S.C. 9122).
SEC. 3. BUILD AMERICA'S LIBRARIES FUND.
(a) Establishment.--From the amount appropriated under section 8,
there is established a Build America's Libraries Fund for the purpose
of supporting long-term improvements to library facilities in
accordance with this Act.
(b) Reservations.--From the amount available in the Build America's
Libraries Fund, the Director shall reserve 3 percent to award grants to
Indian Tribes and to organizations that primarily serve and represent
Native Hawaiians, in the same manner as the Director makes grants under
section 261 of the Library Services and Technology Act (20 U.S.C. 9161)
to enable such Indian Tribes and organizations to carry out the
activities described in paragraphs (1) through (9) of section 4(c).
SEC. 4. ALLOCATION TO STATES.
(a) Allocation to States.--
(1) State-by-state allocation.--
(A) In general.--From the amount available in the
Build America's Libraries Fund and not reserved under
section 3(b), each State that has a plan approved by
the Director under subsection (b) shall be allocated an
amount in the same manner as the Director makes
allotments to States under section 221(b) of the
Library Services and Technology Act (20 U.S.C.
9131(b)), except that, for purposes of this section,
the minimum allotment for each State shall be
$10,000,000, except that the minimum allotment shall be
$500,000 in the case of the United States Virgin
Islands, Guam, American Samoa, the Commonwealth of the
Northern Mariana Islands, the Republic of the Marshall
Islands, the Federated States of Micronesia, and the
Republic of Palau.
(B) Reallocation of remaining funds.--
(i) In general.--From the remainder of any
amounts not reserved or allocated under
subparagraph (A), on the date that is 1 year
after the date of enactment of this Act, the
Director shall allocate to each State that has
a plan approved by the Director under
subsection (b), an amount that bears the same
relation to such remainder as the population of
the State bears to the population of all
States.
(ii) Data.--For the purposes of clause (i),
the population of each State and of all the
States shall be determined by the Director on
the basis of the most recent data available
from the Bureau of the Census.
(2) State reservations.--A State shall reserve not more
than 4 percent of its allocation under paragraph (1) for
administrative costs and to provide technical assistance to
libraries in the State.
(b) State Plan.--
(1) In general.--To be eligible to receive an allocation
under this section, a State library administrative agency shall
submit to the Director a plan that includes such information as
the Director may require, including at a minimum--
(A) a description of how the State will use the
allocation to make long-term improvements to library
facilities with a focus on underserved and marginalized
communities;
(B) a description regarding how the State will
carry out its responsibility to provide technical
assistance under subsection (a)(2);
(C) a description regarding how the State will make
the determinations of eligibility and priority under
subsections (b) and (d) of section 5;
(D) a certification that the State has met the
maintenance of effort requirements under section 223(c)
of the Library Services and Technology Act (20 U.S.C.
9133(c)); and
(E) an assurance that the State will meet the
supplement not supplant requirement under section 6(c).
(2) Approval.--
(A) In general.--The Director shall approve a State
plan submitted under paragraph (1) that meets the
requirements of paragraph (1) and provides satisfactory
assurances that the provisions of such plan will be
carried out.
(B) Public availability.--Each State library
administrative agency receiving an allocation under
this section shall make the State plan available to the
public, including through electronic means.
(C) Administration.--If the Director determines
that the State plan does not meet the requirements of
this section, the Director shall--
(i) immediately notify the State library
administrative agency of such determination and
the reasons for such determination;
(ii) offer the State library administrative
agency the opportunity to revise its State
plan;
(iii) provide technical assistance in order
to assist the State library administrative
agency in meeting the requirements of this
section; and
(iv) provide the State library
administrative agency the opportunity for a
hearing.
(c) Uses of Funds.--Each State receiving an allocation under this
section shall use the funds for any 1 or more of the following:
(1) Constructing, renovating, modernizing, or retrofitting
library facilities in the State, which may include--
(A) financing new library facilities;
(B) making capital improvements to existing library
facilities, including buildings, facilities grounds,
and bookmobiles;
(C) enhancing library facilities to improve the
overall safety and health of library patrons and staff,
including improvements directly related to reducing the
risk of community spread of COVID-19; and
(D) addressing the vulnerability of library
facilities to natural disasters.
(2) Investing in infrastructure projects related to
improving internet access and connectivity in library
facilities and for library patrons, including projects related
to high-speed broadband, technology hardware, and mobile
hotspots and similar equipment.
(3) Improving energy and water efficiency to lower the
costs of energy and water consumption in library facilities.
(4) Improving indoor air quality and ventilation in library
facilities, including mechanical and non-mechanical heating,
ventilation, and air conditioning systems, filtering and other
air cleaning, fans, control systems, and window and door repair
and replacement.
(5) Reducing or eliminating the presence in library
facilities of potential hazards to library staff and patrons,
including--
(A) toxic substances, including mercury, radon,
PCBs, lead, and asbestos; or
(B) mold and mildew.
(6) Ensuring the safety of drinking water at the tap in
library facilities, which may include testing of the potability
of water at the tap for the presence of lead and other
contaminants.
(7) Making library facilities accessible to people with
disabilities, including by ensuring compliance with the
Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et
seq.) and section 504 of the Rehabilitation Act of 1973 (29
U.S.C. 794).
(8) Improving library facilities for the purposes of
supporting place-based services or community-based partnerships
that provide library patrons with access to educational,
workforce, behavioral health, mental health, and social
services.
(9) Assessing the condition of existing library facilities
and the need for new or improved library facilities and
developing facilities master plans.
SEC. 5. NEED-BASED GRANTS TO LIBRARIES.
(a) Grants to Libraries.--From the amounts allocated to a State
under section 4(a), the State library administrative agency shall award
grants to libraries, on a competitive basis, to carry out the
activities described in paragraphs (1) through (9) of section 4(c).
(b) Eligibility.--To be eligible to receive a grant under this
section, a library shall be--
(1) a public library;
(2) a tribal library; or
(3) a State library or a State archive, with respect to
outlets and facilities that provide library service directly to
the general public.
(c) Application.--A library described in subsection (b) that
desires to receive a grant under this section shall submit an
application to the State library administrative agency at such time, in
such manner, and containing such information as the State library
administrative agency may require, including--
(1) the information necessary for the State to make a
determination of the library's eligibility for the grant and
priority under subsection (d); and
(2) a description of the projects that the library plans to
carry out with the grant, in accordance with paragraphs (1)
through (9) of section 4(c), including--
(A) the rationale the library used to select such
project; and
(B) a description of how the library took into
consideration the impacts of such projects on
underserved or marginalized communities, including
families with incomes below the poverty line (as
defined under section 673(2) of the Community Services
Block Grant Act (42 U.S.C. 9902(2))).
(d) Priority of Grants.--In awarding grants under this section, the
State--
(1) shall give first priority to eligible libraries that
demonstrate the greatest need for such a grant in order to plan
for, and make long-term improvements to, library facilities
that predominantly provide service to underserved or
marginalized communities, including families with incomes below
the poverty line (as defined under section 673(2) of the
Community Services Block Grant Act (42 U.S.C. 9902(2))); and
(2) may additionally give priority to eligible libraries
that will use the grant to--
(A) make health, safety, resiliency, or emergency
preparedness improvements to existing library
facilities that pose a severe health or safety threat
to library patrons or staff, which may include a threat
posed by the proximity of the facilities to toxic sites
or the vulnerability of the facilities to natural
disasters;
(B) install or upgrade hardware that will improve
access to high-speed broadband for library patrons of
the library facilities;
(C) improve access to existing library facilities
for library patrons or staff with disabilities; or
(D) improve the energy efficiency of or reduce the
carbon emissions or negative environmental impacts
resulting from the existing library facilities.
(e) Supplement Not Supplant.--A library shall use a grant received
under this section only to supplement the level of Federal, State, and
local public funds that would, in the absence of such grant, be made
available for the activities supported by the grant, and not to
supplant such funds.
SEC. 6. ADMINISTRATION AND OVERSIGHT.
(a) No Prohibition Against Construction.--Section 210A of the
Museum and Library Services Act (20 U.S.C. 9109) shall not apply to
this Act.
(b) No Matching Requirement or Non-Federal Share.--Notwithstanding
any other provision of law, a State, Indian Tribe, organization,
library, or other entity that receives funds under this Act shall not
be required to provide matching funds or a non-Federal share toward the
cost of the activities carried out with the funds.
(c) Supplement Not Supplant.--A State shall use an allocation
received under section 4 only to supplement the level of Federal,
State, and local public funds that would, in absence of such
allocation, be made available for the activities supported by the
allocation, and not to supplant such funds.
(d) Administrative Costs.--From the amount appropriated under
section 8, the Director may allocate not more than 3 percent of such
amount for program administration, oversight activities, research,
analysis, and data collection related to the purposes of the Build
America's Libraries Fund.
(e) Reports.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act and annually thereafter until all funds
provided under this Act have been expended, the Director shall
issue reports to the Committee on Appropriations and the
Committee on Health, Education, Labor, and Pensions of the
Senate and the Committee on Appropriations and the Committee on
Education and Labor of the House of Representatives detailing
how funding under this Act has been spent and its impact on
improving library services in communities that are served,
including underserved and marginalized populations, Indian
Tribes, and Native Hawaiian communities, and shall make such
reports publicly available on the website of the Institute of
Museum and Library Services.
(2) State report.--A State that receives funds under this
Act shall, not later than 1 year after the date of enactment of
this Act, and annually thereafter until all funds have been
expended, submit a report to the Director at such time and in
such manner as the Director may require.
(f) American Iron and Steel Products.--
(1) In general.--As a condition on receipt of funds under
this Act for a project, an entity shall ensure that all of the
iron and steel products used in the project are produced in the
United States.
(2) Application.--Paragraph (1) shall be waived in any case
or category of cases in which the Director finds that--
(A) applying subparagraph (A) would be inconsistent
with the public interest;
(B) iron and steel products are not produced in the
United States in sufficient and reasonably available
quantities and of a satisfactory quality; or
(C) inclusion of iron and steel products produced
in the United States will increase the cost of the
overall project by more than 25 percent.
(3) Waiver.--If the Director receives a request for a
waiver under this subsection, the Director shall make available
to the public, on an informal basis, a copy of the request and
information available to the Director concerning the request,
and shall allow for informal public input on the request for at
least 15 days prior to making a finding based on the request.
The Director shall make the request and accompanying
information available by electronic means.
(4) International agreements.--This subsection shall be
applied in a manner consistent with United States obligations
under international agreements.
(5) Management and oversight.--The Director may retain up
to 0.25 percent of the funds appropriated for this Act for
management and oversight of the requirements of this
subsection.
(6) Effective date.--This paragraph does not apply with
respect to a project if a State agency approves the engineering
plans and specifications for the project, in that agency's
capacity to approve such plans and specifications prior to a
project requesting bids, prior to the date of enactment of this
Act.
SEC. 7. OTHER REQUIREMENTS.
For fiscal year 2021 and each succeeding fiscal year, with respect
to each contract or subcontract funded, in whole or in part, under a
grant under this Act--
(1) the provisions of subchapter IV of chapter 31 of title
40, United States Code, shall apply with respect to laborers or
mechanics for each construction contract or subcontract funded,
in whole or in part, through such grant; and
(2) the provisions of chapter 67 of title 41, United States
Code, shall apply with respect to service employees for each
contract or subcontract funded, in whole or in part, under this
Act, except that, for purposes of such chapter, the term
``service employee'' shall--
(A) have the meaning given the term in section 6701
of such title;
(B) include employees that are routine operations
workers or routine maintenance workers; and
(C) not include any employee covered under
paragraph (1).
SEC. 8. APPROPRIATION OF FUNDS.
There is authorized to be appropriated, and there is appropriated,
to carry out this Act, $5,000,000,000, for the period of fiscal years
2021 through 2023, to remain available until expended.
<all>
Build America's Libraries Act
#5071 | S Congress #116
Policy Area: Education
Subjects: Air qualityBuilding constructionBuy American requirementsCommunity life and organizationCongressional oversightDisability and paralysisEducation programs fundingEnergy efficiency and conservationGovernment buildings, facilities, and propertyGovernment information and archivesGovernment trust fundsHazardous wastes and toxic substancesInternet and video servicesInternet, web applications, social mediaLibraries and archivesLighting, heating, coolingMetalsState and local government operationsWater use and supply
Last Action: Read twice and referred to the Committee on Health, Education, Labor, and Pensions. (12/19/2020)
Bill Text Source: Congress.gov
Summary and Impacts
Original Text