[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.
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