[Congressional Record Volume 167, Number 137 (Monday, August 2, 2021)]
[Senate]
[Pages S5590-S5591]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 2169. Mr. REED submitted an amendment intended to be proposed to 
amendment SA 2137 proposed by Mr. Schumer (for Ms. Sinema (for herself, 
Mr. Portman, Mr. Manchin, Mr. Cassidy, Mrs. Shaheen, Ms. Collins, Mr. 
Tester, Ms. Murkowski, Mr. Warner, and Mr. Romney)) to the bill H.R. 
3684, to authorize funds for Federal-aid highways, highway safety 
programs, and transit programs, and for other purposes; which was 
ordered to lie on the table; as follows:

        At the end, add the following:

               DIVISION K--BUILD AMERICA'S LIBRARIES ACT

     SEC. 100001. SHORT TITLE.

       This division may be cited as the ``Build America's 
     Libraries Act''.

     SEC. 100002. PURPOSE.

       The purpose of this division 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. 100003. DEFINITIONS.

       In this division:
       (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. 100004. BUILD AMERICA'S LIBRARIES FUND.--

       (a) Establishment.--From the amount appropriated under 
     section 100009, there is established a Build America's 
     Libraries Fund for the purpose of supporting long-term 
     improvements to library facilities in accordance with this 
     division.
       (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 
     100005(c).

     SEC. 100005. 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 
     100004(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 division, 
     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 100006.
       (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 100006;
       (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 100007(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.

[[Page S5591]]

       (9) Assessing the condition of existing library facilities 
     and the need for new or improved library facilities and 
     developing facilities master plans.

     SEC. 100006. NEED-BASED GRANTS TO LIBRARIES.

       (a) Grants to Libraries.--From the amounts allocated to a 
     State under section 100005(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 100005(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 100005(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. 100007. 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 division.
       (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 division 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 100005 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 100009, 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 division and annually thereafter until all 
     funds provided under this division 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 
     division 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 
     division shall, not later than 1 year after the date of 
     enactment of this division, 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 division 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 division 
     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 division.

     SEC. 100008. 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 this division--
       (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, under this division; 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 division, 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. 100009. APPROPRIATION OF FUNDS.

       There is authorized to be appropriated, and there is 
     appropriated, to carry out this division, $5,000,000,000, for 
     the period of fiscal years 2022 through 2024, to remain 
     available until expended.
                                 ______