[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2292 Introduced in House (IH)]






109th CONGRESS
  1st Session
                                H. R. 2292

     To provide for public library construction and modernization.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              May 11, 2005

Mr. Hinchey (for himself, Mr. Owens, Mr. Engel, Mr. Lynch, Mr. Crowley, 
Mr. McDermott, Mr. Kildee, Mr. Nadler, Mr. Brown of Ohio, Mr. Conyers, 
Mr. Clay, Mr. Wexler, Mr. Butterfield, Mr. Pallone, Mr. Chandler, Mrs. 
McCarthy, Mr. McNulty, Mr. Payne, Mr. Bishop of New York, Mr. Ross, Mr. 
 Jefferson, Mr. McGovern, Mr. Sanders, Mr. Towns, Ms. DeGette, Mr. Wu, 
    Mr. Rangel, Mr. Neal of Massachusetts, Ms. Linda T. Sanchez of 
  California, Mr. Moore of Kansas, Mr. Ruppersberger, Mr. Snyder, Mr. 
    Wynn, and Mr. Boucher) introduced the following bill; which was 
        referred to the Committee on Education and the Workforce

_______________________________________________________________________

                                 A BILL


 
     To provide for public library construction and modernization.

    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 ``Andrew Carnegie Public Libraries 
Act''.

SEC. 2. PUBLIC LIBRARY CONSTRUCTION AND MODERNIZATION.

    (a) In General.--The Library Services and Technology Act (20 U.S.C. 
9121 et seq.) is amended--
            (1) by redesignating chapter 3 as chapter 4; and
            (2) by inserting after chapter 2 the following:

       ``CHAPTER 3--PUBLIC LIBRARY CONSTRUCTION AND MODERNIZATION

``SEC. 241. GRANTS FOR PUBLIC LIBRARY CONSTRUCTION AND MODERNIZATION.

    ``(a) In General.--From amounts appropriated under section 244, the 
Director may make grants for the construction or modernization of 
public libraries to persons or entities submitting applications under 
section 243.
    ``(b) Applicability.--The provisions of this subtitle (other than 
this chapter) shall not apply to this chapter.
    ``(c) Definitions.--In this chapter:
            ``(1) Construction.--
                    ``(A) In general.--The term `construction' means--
                            ``(i) construction of new buildings;
                            ``(ii) the acquisition, expansion, 
                        remodeling, and alteration of existing 
                        buildings;
                            ``(iii) the purchase, lease, and 
                        installation of equipment for any new or 
                        existing buildings; or
                            ``(iv) any combination of the activities 
                        described in clauses (i) through (iii), 
                        including architect' fees and the cost of 
                        acquisition of land.
                    ``(B) Special rule.--Such term includes remodeling 
                to meet standards under the Act entitled `An Act to 
                insure that certain buildings financed with Federal 
                funds are so designed and constructed as to be 
                accessible to the physically handicapped', approved 
                August 12, 1968 (42 U.S.C. 4151 et seq.), commonly 
                known as the `Architectural Barriers Act of 1968', 
                remodeling designed to ensure safe working environments 
                and to conserve energy, renovation or remodeling to 
                accommodate new technologies, and the purchase of 
                historic buildings for conversion to public libraries.
            ``(2) Equipment.--The term `equipment' means--
                    ``(A) information and building technologies, video 
                and telecommunications equipment, machinery, utilities, 
                built-in equipment, and any necessary enclosures or 
                structures to house the technologies, equipment, 
                machinery or utilities; and
                    ``(B) all other items necessary for the functioning 
                of a particular facility as a facility for the 
                provision of library services.
            ``(3) Modernization.--
                    ``(A) In general.--The term `modernization' means 
                the purchase, rental, or lease of technological items, 
                devices, or products (including upgrades)--
                            ``(i) to improve access to library services 
                        or materials in a public library; or
                            ``(ii) to maintain or improve the 
                        functional capabilities of individuals with 
                        disabilities in a public library.
                    ``(B) Limitation.--Such term does not include--
                            ``(i) the purchase of books, periodicals, 
                        audio or video recordings, or other similar 
                        library materials used by patrons; or
                            ``(ii) costs for telecommunications or 
                        computer wiring undertaken in order to permit 
                        or improve the use of technological items, 
                        devices, or products.
            ``(4) Public library.--The term `public library' means a 
        library that serves free of charge all residents of a 
        community, district, or region, and receives its financial 
        support in whole or in part from public funds. Such term also 
        includes a research library, which, for the purposes of this 
        sentence, means a library, which--
                    ``(A) makes its services available to the public 
                free of charge;
                    ``(B) has extensive collections of books, 
                manuscripts, and other materials suitable for scholarly 
                research which are not available to the public through 
                public libraries;
                    ``(C) engages in the dissemination of humanistic 
                knowledge through services to readers, fellowships, 
                educational and cultural programs, publication of 
                significant research, and other activities; and
                    ``(D) is not an integral part of an institution of 
                higher education.

``SEC. 242. USES OF FEDERAL FUNDS.

    ``(a) In General.--A recipient of a grant under this chapter shall 
use funds appropriated under section 244 to pay the Federal share of 
the cost of construction or modernization of public libraries.
    ``(b) Maximum Amount.--The maximum amount of a grant under this 
chapter is $5,000,000.
    ``(c) Federal Share.--
            ``(1) In general.--For the purposes of subsection (a), the 
        Federal share of the cost of construction or modernization of 
        any project assisted under this chapter shall not exceed one-
        half of the total cost of the project.
            ``(2) Non-federal share.--The non-Federal share of the cost 
        of construction or modernization of any project assisted under 
        this chapter may be provided from State, local or private 
        sources, including for-profit and nonprofit organizations.
    ``(d) Special Rule.--If, within 20 years after completion of 
construction of any public library facility that has been constructed 
in part with grant funds made available under this chapter--
            ``(1) the recipient of the grant funds (or its successor in 
        title or possession) ceases or fails to be a public or 
        nonprofit institution, or
            ``(2) the facility ceases to be used as a library facility, 
        unless the Director determines that there is good cause for 
        releasing the institution from its obligation,
the United States shall be entitled to recover from such recipient (or 
successor) an amount which bears the same ratio to the value of the 
facility at that time (or part thereof constituting an approved project 
or projects) as the amount of the Federal grant bore to the cost of 
such facility (or part thereof). The value shall be determined by the 
parties or by action brought in the United States district court for 
the district in which the facility is located.

``SEC. 243. APPLICATION.

    ``Any person or entity desiring to receive a grant under this 
chapter for any fiscal year shall submit to the Director an application 
at such time, in such manner, and containing such information as the 
Director may require, including a description of the public library 
construction or modernization activities be assisted under this 
chapter.

``SEC. 244. LABOR STANDARDS.

    ``All laborers and mechanics employed by contractors or 
subcontractors in any construction, alteration, or repair, including 
painting and decorating, of projects, buildings, and works which are 
assisted under this chapter, shall be paid wages at rates not less than 
those prevailing on similar construction in the locality as determined 
by the Secretary of Labor in accordance with the Act of March 3, 1931 
(40 U.S.C. 276--276a-5), popularly known as the Davis-Bacon Act. The 
Secretary of Labor shall have, with respect to such labor standards, 
the authority and functions set forth in Reorganization Plan Numbered 
14 of 1950 (15 F.R. 3176; 64 Stat. 1267) and section 2 of the Act of 
June 1, 1934, as amended (48 Stat. 948, as amended; 40 U.S.C. 276(c)).

``SEC. 245. AUTHORIZATION OF APPROPRIATIONS.

    ``(a) In General.--There are authorized to be appropriated to carry 
out this chapter $200,000,000 for fiscal year 2006 and each of the 4 
succeeding fiscal years, to remain available until expended.
    ``(b) Administration.--Not more than 3 percent of the funds 
appropriated under subsection (a) for a fiscal year may be used to pay 
for the Federal administrative costs of carrying out this chapter.''.
    (b) Conforming Amendment.--Section 210A of the Museum and Library 
Services Act (20 U.S.C. 9109) is amended by striking ``No funds'' and 
inserting ``Except as provided in chapter 3 of the Library Services and 
Technology Act, no funds''.
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