[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 127 Introduced in Senate (IS)]

<DOC>






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 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. PURPOSE.

    The purpose of this Act is to support long-term improvements to 
library facilities (including addressing needs that have arisen due to 
COVID-19) in order for libraries to better serve underserved and 
distressed communities, low-income and rural areas, and people with 
disabilities and vulnerable library users including children and 
seniors.

SEC. 3. 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. 4. BUILD AMERICA'S LIBRARIES FUND.

    (a) Establishment.--From the amount appropriated under section 9, 
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 5(c).

SEC. 5. 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 4(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 that are eligible to apply for a grant under section 
        6.
    (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), including 
                providing, as appropriate, training and resources to 
                help library staff maximize the use, functionality, and 
                accessibility of library facilities improved under this 
                section;
                    (C) a description regarding how the State will make 
                the determinations of eligibility and priority under 
                subsections (b) and (d) of section 6;
                    (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 7(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 and hazards.
            (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 and addressing 
        the environmental impacts of 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) Ensuring that library facilities are--
                    (A) accessible to people with disabilities, 
                including by implementing universal and inclusive 
                design; and
                    (B) in compliance with the Architectural Barriers 
                Act of 1968 (42 U.S.C. 4151 et seq.), 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. 6. NEED-BASED GRANTS TO LIBRARIES.

    (a) Grants to Libraries.--From the amounts allocated to a State 
under section 5(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 5(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 5(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 replace, renovate, modernize, or 
        retrofit existing library facilities in order to--
                    (A) make health, safety, resiliency, hazard 
                mitigation, 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 for library patrons or staff 
                with disabilities to use the library facilities and its 
                equipment; 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. 7. 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 5 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 9, 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. 8. OTHER REQUIREMENTS.

    For fiscal year 2022 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. 9. 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 
2022 through 2024, to remain available until expended.
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