Build America's Libraries Act

II 117TH CONGRESS 1ST SESSION S. 127 To support library infrastructure. IN THE SENATE OF THE UNITED STATES JANUARY 28, 2021 Mr. REED (for himself, Mr. WHITEHOUSE, Mr. WYDEN, and Mr. SANDERS) 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 Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Build America’s Li- 4 braries Act’’. 5 SEC. 2. PURPOSE. 6 The purpose of this Act is to support long-term im- 7 provements to library facilities (including addressing 8 needs that have arisen due to COVID–19) in order for 9 libraries to better serve underserved and distressed com- 10 munities, low-income and rural areas, and people with dis- 11 VerDate Sep 11 2014 15:43 Feb 11, 2021 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S127.IS S127 pamtmann on DSKBC07HB2PROD with BILLS 2 •S 127 IS abilities and vulnerable library users including children 1 and seniors. 2 SEC. 3. DEFINITIONS. 3 In this Act: 4 (1) DIRECTOR.—The term ‘‘Director’’ has the 5 meaning given the term in section 202 of the Mu- 6 seum and Library Services Act (20 U.S.C. 9101). 7 (2) INDIAN TRIBE.—The term ‘‘Indian Tribe’’ 8 has the meaning given the term ‘‘Indian tribe’’ in 9 section 202 of the Museum and Library Services Act 10 (20 U.S.C. 9101). 11 (3) LIBRARY.—The term ‘‘library’’ has the 12 meaning given the term in section 213 of the Li- 13 brary Services and Technology Act (20 U.S.C. 14 9122). 15 (4) STATE.—The term ‘‘State’’ has the mean- 16 ing given the term in section 213 of the Library 17 Services and Technology Act (20 U.S.C. 9122). 18 (5) STATE LIBRARY ADMINISTRATIVE AGEN- 19 CY.—The term ‘‘State library administrative agen- 20 cy’’ has the meaning given the term in section 213 21 of the Library Services and Technology Act (20 22 U.S.C. 9122). 23 VerDate Sep 11 2014 15:43 Feb 11, 2021 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S127.IS S127 pamtmann on DSKBC07HB2PROD with BILLS 3 •S 127 IS SEC. 4. BUILD AMERICA’S LIBRARIES FUND. 1 (a) ESTABLISHMENT.—From the amount appro- 2 priated under section 9, there is established a Build Amer- 3 ica’s Libraries Fund for the purpose of supporting long- 4 term improvements to library facilities in accordance with 5 this Act. 6 (b) RESERVATIONS.—From the amount available in 7 the Build America’s Libraries Fund, the Director shall re- 8 serve 3 percent to award grants to Indian Tribes and to 9 organizations that primarily serve and represent Native 10 Hawaiians, in the same manner as the Director makes 11 grants under section 261 of the Library Services and 12 Technology Act (20 U.S.C. 9161) to enable such Indian 13 Tribes and organizations to carry out the activities de- 14 scribed in paragraphs (1) through (9) of section 5(c). 15 SEC. 5. ALLOCATION TO STATES. 16 (a) ALLOCATION TO STATES.— 17 (1) STATE-BY-STATE ALLOCATION.— 18 (A) IN GENERAL.—From the amount 19 available in the Build America’s Libraries Fund 20 and not reserved under section 4(b), each State 21 that has a plan approved by the Director under 22 subsection (b) shall be allocated an amount in 23 the same manner as the Director makes allot- 24 ments to States under section 221(b) of the Li- 25 brary Services and Technology Act (20 U.S.C. 26 VerDate Sep 11 2014 15:43 Feb 11, 2021 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S127.IS S127 pamtmann on DSKBC07HB2PROD with BILLS 4 •S 127 IS 9131(b)), except that, for purposes of this sec- 1 tion, the minimum allotment for each State 2 shall be $10,000,000, except that the minimum 3 allotment shall be $500,000 in the case of the 4 United States Virgin Islands, Guam, American 5 Samoa, the Commonwealth of the Northern 6 Mariana Islands, the Republic of the Marshall 7 Islands, the Federated States of Micronesia, 8 and the Republic of Palau. 9 (B) REALLOCATION OF REMAINING 10 FUNDS.— 11 (i) IN GENERAL.—From the remain- 12 der of any amounts not reserved or allo- 13 cated under subparagraph (A), on the date 14 that is 1 year after the date of enactment 15 of this Act, the Director shall allocate to 16 each State that has a plan approved by the 17 Director under subsection (b), an amount 18 that bears the same relation to such re- 19 mainder as the population of the State 20 bears to the population of all States. 21 (ii) DATA.—For the purposes of 22 clause (i), the population of each State and 23 of all the States shall be determined by the 24 Director on the basis of the most recent 25 VerDate Sep 11 2014 15:43 Feb 11, 2021 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S127.IS S127 pamtmann on DSKBC07HB2PROD with BILLS 5 •S 127 IS data available from the Bureau of the Cen- 1 sus. 2 (2) STATE RESERVATIONS.—A State shall re- 3 serve not more than 4 percent of its allocation under 4 paragraph (1) for administrative costs and to pro- 5 vide technical assistance to libraries that are eligible 6 to apply for a grant under section 6. 7 (b) STATE PLAN.— 8 (1) IN GENERAL.—To be eligible to receive an 9 allocation under this section, a State library admin- 10 istrative agency shall submit to the Director a plan 11 that includes such information as the Director may 12 require, including at a minimum— 13 (A) a description of how the State will use 14 the allocation to make long-term improvements 15 to library facilities with a focus on underserved 16 and marginalized communities; 17 (B) a description regarding how the State 18 will carry out its responsibility to provide tech- 19 nical assistance under subsection (a)(2), includ- 20 ing providing, as appropriate, training and re- 21 sources to help library staff maximize the use, 22 functionality, and accessibility of library facili- 23 ties improved under this section; 24 VerDate Sep 11 2014 15:43 Feb 11, 2021 Jkt 019200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S127.IS S127 pamtmann on DSKBC07HB2PROD with BILLS 6 •S 127 IS (C) a description regarding how the State 1 will make the determinations of eligibility and 2 priority under subsections (b) and (d) of section 3 6; 4 (D) a certification that the State has met 5 the maintenance of effort requirements under 6 section 223(c) of the Library Services and 7 Technology Act (20 U.S.C. 9133(c)); and 8 (E) an assurance that the State will meet 9 the supplement not supplant requirement under 10 section 7(c). 11 (2) APPROVAL.— 12 (A) IN GENERAL.—The Director shall ap- 13 prove a State plan submitted under paragraph 14 (1) that meets the requirements of paragraph 15 (1) and provides satisfactory assurances that 16 the provisions of such plan will be carried out. 17 (B) PUBLIC AVAILABILITY.—Each State li- 18 brary administrative agency receiving an alloca- 19 tion under this section shall make the State 20 plan available to the public, including through 21 electronic means. 22 (C) ADMINISTRATION.—If the Director de- 23 termines that the State plan does not meet the 24 VerDate Sep 11 2014 15:43 Feb 11, 2021 Jkt 019200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S127.IS S127 pamtmann on DSKBC07HB2PROD with BILLS 7 •S 127 IS requirements of this section, the Director 1 shall— 2 (i) immediately notify the State li- 3 brary administrative agency of such deter- 4 mination and the reasons for such deter- 5 mination; 6 (ii) offer the State library administra- 7 tive agency the opportunity to revise its 8 State plan; 9 (iii) provide technical assistance in 10 order to assist the State library adminis- 11 trative agency in meeting the requirements 12 of this section; and 13 (iv) provide the State library adminis- 14 trative agency the opportunity for a hear- 15 ing. 16 (c) USES OF FUNDS.—Each State receiving an allo- 17 cation under this section shall use the funds for any 1 18 or more of the following: 19 (1) Constructing, renovating, modernizing, or 20 retrofitting library facilities in the State, which may 21 include— 22 (A) financing new library facilities; 23 VerDate Sep 11 2014 15:43 Feb 11, 2021 Jkt 019200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S127.IS S127 pamtmann on DSKBC07HB2PROD with BILLS 8 •S 127 IS (B) making capital improvements to exist- 1 ing library facilities, including buildings, facili- 2 ties, grounds, and bookmobiles; 3 (C) enhancing library facilities to improve 4 the overall safety and health of library patrons 5 and staff, including improvements directly re- 6 lated to reducing the risk of community spread 7 of COVID–19; and 8 (D) addressing the vulnerability of library 9 facilities to natural disasters and hazards. 10 (2) Investing in infrastructure projects related 11 to improving internet access and connectivity in li- 12 brary facilities and for library patrons, including 13 projects related to high-speed broadband, technology 14 hardware, and mobile hotspots and similar equip- 15 ment. 16 (3) Improving energy and water efficiency and 17 addressing the environmental impacts of library fa- 18 cilities. 19 (4) Improving indoor air quality and ventilation 20 in library facilities, including mechanical and non- 21 mechanical heating, ventilation, and air conditioning 22 systems, filtering and other air cleaning, fans, con- 23 trol systems, and window and door repair and re- 24 placement. 25 VerDate Sep 11 2014 15:43 Feb 11, 2021 Jkt 019200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\S127.IS S127 pamtmann on DSKBC07HB2PROD with BILLS 9 •S 127 IS (5) Reducing or eliminating the presence in li- 1 brary facilities of potential hazards to library staff 2 and patrons, including— 3 (A) toxic substances, including mercury, 4 radon, PCBs, lead, and asbestos; or 5 (B) mold and mildew. 6 (6) Ensuring the safety of drinking water at 7 the tap in library facilities, which may include test- 8 ing of the potability of water at the tap for the pres- 9 ence of lead and other contaminants. 10 (7) Ensuring that library facilities are— 11 (A) accessible to people with disabilities, 12 including by implementing universal and inclu- 13 sive design; and 14 (B) in compliance with the Architectural 15 Barriers Act of 1968 (42 U.S.C. 4151 et seq.), 16 the Americans with Disabilities Act of 1990 (42 17 U.S.C. 12101 et seq.), and section 504 of the 18 Rehabilitation Act of 1973 (29 U.S.C. 794). 19 (8) Improving library facilities for the purposes 20 of supporting place-based services or community- 21 based partnerships that provide library patrons with 22 access to educational, workforce, behavioral health, 23 mental health, and social services. 24 VerDate Sep 11 2014 15:43 Feb 11, 2021 Jkt 019200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\S127.IS S127 pamtmann on DSKBC07HB2PROD with BILLS 10 •S 127 IS (9) Assessing the condition of existing library 1 facilities and the need for new or improved library 2 facilities and developing facilities master plans. 3 SEC. 6. NEED-BASED GRANTS TO LIBRARIES. 4 (a) GRANTS TO LIBRARIES.—From the amounts allo- 5 cated to a State under section 5(a), the State library ad- 6 ministrative agency shall award grants to libraries, on a 7 competitive basis, to carry out the activities described in 8 paragraphs (1) through (9) of section 5(c). 9 (b) ELIGIBILITY.—To be eligible to receive a grant 10 under this section, a library shall be— 11 (1) a public library; 12 (2) a tribal library; or 13 (3) a State library or a State archive, with re- 14 spect to outlets and facilities that provide library 15 service directly to the general public. 16 (c) APPLICATION.—A library described in subsection 17 (b) that desires to receive a grant under this section shall 18 submit an application to the State library administrative 19 agency at such time, in such manner, and containing such 20 information as the State library administrative agency 21 may require, including— 22 (1) the information necessary for the State to 23 make a determination of the library’s eligibility for 24 the grant and priority under subsection (d); and 25 VerDate Sep 11 2014 15:43 Feb 11, 2021 Jkt 019200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\S127.IS S127 pamtmann on DSKBC07HB2PROD with BILLS 11 •S 127 IS (2) a description of the projects that the library 1 plans to carry out with the grant, in accordance with 2 paragraphs (1) through (9) of section 5(c), includ- 3 ing— 4 (A) the rationale the library used to select 5 such project; and 6 (B) a description of how the library took 7 into consideration the impacts of such projects 8 on underserved or marginalized communities, 9 including families with incomes below the pov- 10 erty line (as defined under section 673(2) of the 11 Community Services Block Grant Act (42 12 U.S.C. 9902(2)). 13 (d) PRIORITY OF GRANTS.—In awarding grants 14 under this section, the State— 15 (1) shall give first priority to eligible libraries 16 that demonstrate the greatest need for such a grant 17 in order to plan for, and make long-term improve- 18 ments to, library facilities that predominantly pro- 19 vide service to underserved or marginalized commu- 20 nities, including families with incomes below the pov- 21 erty line (as defined under section 673(2) of the 22 Community Services Block Grant Act (42 U.S.C. 23 9902(2)); and 24 VerDate Sep 11 2014 15:43 Feb 11, 2021 Jkt 019200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\S127.IS S127 pamtmann on DSKBC07HB2PROD with BILLS 12 •S 127 IS (2) may additionally give priority to eligible li- 1 braries that will use the grant to replace, renovate, 2 modernize, or retrofit existing library facilities in 3 order to— 4 (A) make health, safety, resiliency, hazard 5 mitigation, or emergency preparedness improve- 6 ments to existing library facilities that pose a 7 severe health or safety threat to library patrons 8 or staff, which may include a threat posed by 9 the proximity of the facilities to toxic sites or 10 the vulnerability of the facilities to natural dis- 11 asters; 12 (B) install or upgrade hardware that will 13 improve access to high-speed broadband for li- 14 brary patrons of the library facilities; 15 (C) improve access for library patrons or 16 staff with disabilities to use the library facilities 17 and its equipment; or 18 (D) improve the energy efficiency of or re- 19 duce the carbon emissions or negative environ- 20 mental impacts resulting from the existing li- 21 brary facilities. 22 (e) SUPPLEMENT NOT SUPPLANT.—A library shall 23 use a grant received under this section only to supplement 24 the level of Federal, State, and local public funds that 25 VerDate Sep 11 2014 15:43 Feb 11, 2021 Jkt 019200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6201 E:\BILLS\S127.IS S127 pamtmann on DSKBC07HB2PROD with BILLS 13 •S 127 IS wo [Text truncated for display. 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