Build America's Libraries Act

II 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 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. DEFINITIONS. 6 In this Act: 7 (1) DIRECTOR.—The term ‘‘Director’’ has the 8 meaning given the term in section 202 of the Mu- 9 seum and Library Services Act (20 U.S.C. 9101). 10 (2) INDIAN TRIBE.—The term ‘‘Indian Tribe’’ 11 has the meaning given the term ‘‘Indian tribe’’ in 12 VerDate Sep 11 2014 04:03 Jan 09, 2021 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S5071.IS S5071 kjohnson on DSK79L0C42PROD with BILLS 2 •S 5071 IS section 202 of the Museum and Library Services Act 1 (20 U.S.C. 9101). 2 (3) LIBRARY.—The term ‘‘library’’ has the 3 meaning given the term in section 213 of the Li- 4 brary Services and Technology Act (20 U.S.C. 5 9122). 6 (4) STATE.—The term ‘‘State’’ has the mean- 7 ing given the term in section 213 of the Library 8 Services and Technology Act (20 U.S.C. 9122). 9 (5) STATE LIBRARY ADMINISTRATIVE AGEN- 10 CY.—The term ‘‘State library administrative agen- 11 cy’’ has the meaning given the term in section 213 12 of the Library Services and Technology Act (20 13 U.S.C. 9122). 14 SEC. 3. BUILD AMERICA’S LIBRARIES FUND. 15 (a) ESTABLISHMENT.—From the amount appro- 16 priated under section 8, there is established a Build Amer- 17 ica’s Libraries Fund for the purpose of supporting long- 18 term improvements to library facilities in accordance with 19 this Act. 20 (b) RESERVATIONS.—From the amount available in 21 the Build America’s Libraries Fund, the Director shall re- 22 serve 3 percent to award grants to Indian Tribes and to 23 organizations that primarily serve and represent Native 24 Hawaiians, in the same manner as the Director makes 25 VerDate Sep 11 2014 04:03 Jan 09, 2021 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S5071.IS S5071 kjohnson on DSK79L0C42PROD with BILLS 3 •S 5071 IS grants under section 261 of the Library Services and 1 Technology Act (20 U.S.C. 9161) to enable such Indian 2 Tribes and organizations to carry out the activities de- 3 scribed in paragraphs (1) through (9) of section 4(c). 4 SEC. 4. ALLOCATION TO STATES. 5 (a) ALLOCATION TO STATES.— 6 (1) STATE-BY-STATE ALLOCATION.— 7 (A) IN GENERAL.—From the amount 8 available in the Build America’s Libraries Fund 9 and not reserved under section 3(b), each State 10 that has a plan approved by the Director under 11 subsection (b) shall be allocated an amount in 12 the same manner as the Director makes allot- 13 ments to States under section 221(b) of the Li- 14 brary Services and Technology Act (20 U.S.C. 15 9131(b)), except that, for purposes of this sec- 16 tion, the minimum allotment for each State 17 shall be $10,000,000, except that the minimum 18 allotment shall be $500,000 in the case of the 19 United States Virgin Islands, Guam, American 20 Samoa, the Commonwealth of the Northern 21 Mariana Islands, the Republic of the Marshall 22 Islands, the Federated States of Micronesia, 23 and the Republic of Palau. 24 VerDate Sep 11 2014 04:03 Jan 09, 2021 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S5071.IS S5071 kjohnson on DSK79L0C42PROD with BILLS 4 •S 5071 IS (B) REALLOCATION OF REMAINING 1 FUNDS.— 2 (i) IN GENERAL.—From the remain- 3 der of any amounts not reserved or allo- 4 cated under subparagraph (A), on the date 5 that is 1 year after the date of enactment 6 of this Act, the Director shall allocate to 7 each State that has a plan approved by the 8 Director under subsection (b), an amount 9 that bears the same relation to such re- 10 mainder as the population of the State 11 bears to the population of all States. 12 (ii) DATA.—For the purposes of 13 clause (i), the population of each State and 14 of all the States shall be determined by the 15 Director on the basis of the most recent 16 data available from the Bureau of the Cen- 17 sus. 18 (2) STATE RESERVATIONS.—A State shall re- 19 serve not more than 4 percent of its allocation under 20 paragraph (1) for administrative costs and to pro- 21 vide technical assistance to libraries in the State. 22 (b) STATE PLAN.— 23 (1) IN GENERAL.—To be eligible to receive an 24 allocation under this section, a State library admin- 25 VerDate Sep 11 2014 04:03 Jan 09, 2021 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S5071.IS S5071 kjohnson on DSK79L0C42PROD with BILLS 5 •S 5071 IS istrative agency shall submit to the Director a plan 1 that includes such information as the Director may 2 require, including at a minimum— 3 (A) a description of how the State will use 4 the allocation to make long-term improvements 5 to library facilities with a focus on underserved 6 and marginalized communities; 7 (B) a description regarding how the State 8 will carry out its responsibility to provide tech- 9 nical assistance under subsection (a)(2); 10 (C) a description regarding how the State 11 will make the determinations of eligibility and 12 priority under subsections (b) and (d) of section 13 5; 14 (D) a certification that the State has met 15 the maintenance of effort requirements under 16 section 223(c) of the Library Services and 17 Technology Act (20 U.S.C. 9133(c)); and 18 (E) an assurance that the State will meet 19 the supplement not supplant requirement under 20 section 6(c). 21 (2) APPROVAL.— 22 (A) IN GENERAL.—The Director shall ap- 23 prove a State plan submitted under paragraph 24 (1) that meets the requirements of paragraph 25 VerDate Sep 11 2014 04:03 Jan 09, 2021 Jkt 019200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S5071.IS S5071 kjohnson on DSK79L0C42PROD with BILLS 6 •S 5071 IS (1) and provides satisfactory assurances that 1 the provisions of such plan will be carried out. 2 (B) PUBLIC AVAILABILITY.—Each State li- 3 brary administrative agency receiving an alloca- 4 tion under this section shall make the State 5 plan available to the public, including through 6 electronic means. 7 (C) ADMINISTRATION.—If the Director de- 8 termines that the State plan does not meet the 9 requirements of this section, the Director 10 shall— 11 (i) immediately notify the State li- 12 brary administrative agency of such deter- 13 mination and the reasons for such deter- 14 mination; 15 (ii) offer the State library administra- 16 tive agency the opportunity to revise its 17 State plan; 18 (iii) provide technical assistance in 19 order to assist the State library adminis- 20 trative agency in meeting the requirements 21 of this section; and 22 (iv) provide the State library adminis- 23 trative agency the opportunity for a hear- 24 ing. 25 VerDate Sep 11 2014 04:03 Jan 09, 2021 Jkt 019200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S5071.IS S5071 kjohnson on DSK79L0C42PROD with BILLS 7 •S 5071 IS (c) USES OF FUNDS.—Each State receiving an allo- 1 cation under this section shall use the funds for any 1 2 or more of the following: 3 (1) Constructing, renovating, modernizing, or 4 retrofitting library facilities in the State, which may 5 include— 6 (A) financing new library facilities; 7 (B) making capital improvements to exist- 8 ing library facilities, including buildings, facili- 9 ties grounds, and bookmobiles; 10 (C) enhancing library facilities to improve 11 the overall safety and health of library patrons 12 and staff, including improvements directly re- 13 lated to reducing the risk of community spread 14 of COVID–19; and 15 (D) addressing the vulnerability of library 16 facilities to natural disasters. 17 (2) Investing in infrastructure projects related 18 to improving internet access and connectivity in li- 19 brary facilities and for library patrons, including 20 projects related to high-speed broadband, technology 21 hardware, and mobile hotspots and similar equip- 22 ment. 23 VerDate Sep 11 2014 04:03 Jan 09, 2021 Jkt 019200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S5071.IS S5071 kjohnson on DSK79L0C42PROD with BILLS 8 •S 5071 IS (3) Improving energy and water efficiency to 1 lower the costs of energy and water consumption in 2 library facilities. 3 (4) Improving indoor air quality and ventilation 4 in library facilities, including mechanical and non- 5 mechanical heating, ventilation, and air conditioning 6 systems, filtering and other air cleaning, fans, con- 7 trol systems, and window and door repair and re- 8 placement. 9 (5) Reducing or eliminating the presence in li- 10 brary facilities of potential hazards to library staff 11 and patrons, including— 12 (A) toxic substances, including mercury, 13 radon, PCBs, lead, and asbestos; or 14 (B) mold and mildew. 15 (6) Ensuring the safety of drinking water at 16 the tap in library facilities, which may include test- 17 ing of the potability of water at the tap for the pres- 18 ence of lead and other contaminants. 19 (7) Making library facilities accessible to people 20 with disabilities, including by ensuring compliance 21 with the Americans with Disabilities Act of 1990 (42 22 U.S.C. 12101 et seq.) and section 504 of the Reha- 23 bilitation Act of 1973 (29 U.S.C. 794). 24 VerDate Sep 11 2014 04:03 Jan 09, 2021 Jkt 019200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\S5071.IS S5071 kjohnson on DSK79L0C42PROD with BILLS 9 •S 5071 IS (8) Improving library facilities for the purposes 1 of supporting place-based services or community- 2 based partnerships that provide library patrons with 3 access to educational, workforce, behavioral health, 4 mental health, and social services. 5 (9) Assessing the condition of existing library 6 facilities and the need for new or improved library 7 facilities and developing facilities master plans. 8 SEC. 5. NEED-BASED GRANTS TO LIBRARIES. 9 (a) GRANTS TO LIBRARIES.—From the amounts allo- 10 cated to a State under section 4(a), the State library ad- 11 ministrative agency shall award grants to libraries, on a 12 competitive basis, to carry out the activities described in 13 paragraphs (1) through (9) of section 4(c). 14 (b) ELIGIBILITY.—To be eligible to receive a grant 15 under this section, a library shall be— 16 (1) a public library; 17 (2) a tribal library; or 18 (3) a State library or a State archive, with re- 19 spect to outlets and facilities that provide library 20 service directly to the general public. 21 (c) APPLICATION.—A library described in subsection 22 (b) that desires to receive a grant under this section shall 23 submit an application to the State library administrative 24 agency at such time, in such manner, and containing such 25 VerDate Sep 11 2014 04:03 Jan 09, 2021 Jkt 019200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\S5071.IS S5071 kjohnson on DSK79L0C42PROD with BILLS 10 •S 5071 IS information as the State library administrative agency 1 may require, including— 2 (1) the information necessary for the State to 3 make a determination of the library’s eligibility for 4 the grant and priority under subsection (d); and 5 (2) a description of the projects that the library 6 plans to carry out with the grant, in accordance with 7 paragraphs (1) through (9) of section 4(c), includ- 8 ing— 9 (A) the rationale the library used to select 10 such project; and 11 (B) a description of how the library took 12 into consideration the impacts of such projects 13 on underserved or marginalized communities, 14 including families with incomes below the pov- 15 erty line (as defined under section 673(2) of the 16 Community Services Block Grant Act (42 17 U.S.C. 9902(2))). 18 (d) PRIORITY OF GRANTS.—In awarding grants 19 under this section, the State— 20 (1) shall give first priority to eligible libraries 21 that demonstrate the greatest need for such a grant 22 in order to plan for, and make long-term improve- 23 ments to, library facilities that predominantly pro- 24 vide service to underserved or marginalized commu- 25 VerDate Sep 11 2014 04:03 Jan 09, 2021 Jkt 019200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\S5071.IS S5071 kjohnson on DSK79L0C42PROD with BILLS 11 •S 5071 IS nities, including families with incomes below the pov- 1 erty line (as defined under section 673(2) of the 2 Community Services Block Grant Act (42 U.S.C. 3 9902(2))); and 4 (2) may additionally give priority to eligible li- 5 braries that will use the grant to— 6 (A) make health, safety, resiliency, or 7 emergency preparedness improvements to exist- 8 ing library facilities that pose a severe health or 9 safety threat to library patrons or staff, which 10 may include a threat posed by the proximity of 11 the facilities to toxic sites or the vulnerability of 12 the facilities to natural disasters; 13 (B) install or upgrade hardware that will 14 improve access to high-speed broadband for li- 15 brary patrons of the library facilities; 16 (C) improve access to existing library fa- 17 cilities for library patrons or staff with disabil- 18 ities; or 19 (D) improve the energy efficiency of or re- 20 duce the carbon emissions or negative environ- 21 mental impacts resulting from the existing li- 22 brary facilities. 23 (e) SUPPLEMENT NOT SUPPLANT.—A library shall 24 use a grant received under this section only to supplement 25 VerDate Sep 11 2014 04:03 Jan 09, 2021 Jkt 019200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\S5071.IS S5071 kjohnson on DSK79L0C42PROD with BILLS 12 •S 5071 IS the level of Federal, State, and local public funds that 1 would, in the absence of such grant, be made available 2 for the activities supported by the grant, and not to sup- 3 plant such funds. 4 SEC. 6. ADMINISTRATION AND OVERSIGHT. 5 (a) NO PROHIBITION AGAINST CONSTRUCTION.— 6 Section 210A of the Museum and Library Services Act 7 (20 U.S.C. 9109) shall not apply to this Act. 8 (b) NO MATCHING REQUIREMENT OR NON-FEDERAL 9 SHARE.—Notwithstanding any other provision of law, a 10 State, Indian Tribe, organization, library, or other entity 11 that receives funds under this Act shall not be required 12 to provide matching funds or a non-Federal share toward 13 the cost of the activities carried out with the funds. 14 (c) SUPPLEMENT NOT SUPPLANT.—A State shall use 15 an allocation received under section 4 only to supplement 16 the level of Federal, State, and local public funds that 17 would, in absence of such allocation, be made available for 18 the activities supported by the allocation, and not to sup- 19 plant such funds. 20 (d) ADMINISTRATIVE COSTS.—From the amount ap- 21 propriated under section 8, the Director may allocat [Text truncated for display. 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