2000 
[DOCID: f:s671is.txt]






107th CONGRESS
  1st Session
                                 S. 671

 To provide for public library construction and technology enhancement.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

               April 2 (legislative day, March 30), 2001

  Mr. Schumer introduced the following bill; which was read twice and 
  referred to the Committee on Health, Education, Labor, and Pensions

_______________________________________________________________________

                                 A BILL


 
 To provide for public library construction and technology enhancement.

    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 Libraries for 
Lifelong Learning Act''.

SEC. 2. PUBLIC LIBRARY CONSTRUCTION AND TECHNOLOGY ENHANCEMENT.

    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 TECHNOLOGY ENHANCEMENT

``SEC. 241. GRANTS TO STATES FOR PUBLIC LIBRARY CONSTRUCTION AND 
              TECHNOLOGY ENHANCEMENT.

    ``(a) In General.--From amounts appropriated under section 244, the 
Director shall carry out a program of awarding grants to States, that 
have an amendment to a State plan or a State plan approved under 
section 243, for the construction or technology enhancement of public 
libraries.
    ``(b) 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--
                            ``(i) 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';
                            ``(ii) remodeling designed to ensure safe 
                        working environments and to conserve energy;
                            ``(iii) renovation or remodeling to 
                        accommodate new technologies; and
                            ``(iv) 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) Public library.--
                    ``(A) In general.--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.
                    ``(B) Research library included.--Such term also 
                includes a research library, which, for the purposes of 
                this sentence, means a library, that--
                            ``(i) makes its services available to the 
                        public free of charge;
                            ``(ii) has extensive collections of books, 
                        manuscripts, and other materials suitable for 
                        scholarly research that are not otherwise 
                        available to the public;
                            ``(iii) engages in the dissemination of 
                        humanistic knowledge through services to 
                        readers, fellowships, educational and cultural 
                        programs, publication of significant research, 
                        and other activities; and
                            ``(iv) is not an integral part of an 
                        institution of higher education.
            ``(4) Technology enhancement.--The term `technology 
        enhancement' means the acquisition, installation, maintenance, 
        or replacement, of substantial technological equipment 
        (including library bibliographic automation equipment) 
        necessary to provide access to information in electronic and 
        other formats made possible by new information and 
        communications technologies.
    ``(c) Applicability.--Except as provided in section 243, the 
provisions of this subtitle (other than this chapter) shall not apply 
to this chapter.

``SEC. 242. USE OF FEDERAL FUNDS.

    ``(a) In General.--A State receiving a grant under this chapter 
shall use the grant funds to pay the Federal share of the cost of 
construction or technology enhancement of public libraries.
    ``(b) Federal Share.--
            ``(1) In general.--For the purposes of subsection (a), the 
        Federal share of the cost of construction or technology 
        enhancement 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 technology enhancement of any project 
        assisted under this chapter may be provided from State, local, 
        or private sources, including for-profit and nonprofit 
        organizations.
    ``(c) Special Rule.--
            ``(1) In general.--The United States shall be entitled to 
        recover the amount described in paragraph (2) 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--
                    ``(A) the recipient of the grant funds (or its 
                successor in title or possession) ceases or fails to be 
                a public or nonprofit institution; or
                    ``(B) 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.
            ``(2) Amount.--
                    ``(A) In general.--For purposes of paragraph (1), 
                the United States shall be entitled to recover from 
                such grant recipient (or successor) an amount that 
                bears the same ratio to the value of the facility (or 
                part thereof constituting an approved project or 
                projects), at the time of the cessation or failure, as 
                the amount of the Federal grant bore to the cost of 
                such facility (or part thereof).
                    ``(B) Value.--The value of the facility shall b
b5b
e 
                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. STATE PLAN.

    ``(a) State Without Approved Plan in Place.--
            ``(1) Submission of plan.--Each State library 
        administrative agency serving a State that does not have a plan 
        approved under section 224 and that desires a grant under this 
        chapter shall submit to the Director a State plan that meets 
        the following requirements:
                    ``(A) Period.--The State plan shall cover a period 
                of 5 fiscal years.
                    ``(B) Contents.--The State plan shall include a 
                description of the public library construction or 
                technology enhancement activities to be assisted under 
                this chapter.
                    ``(C) Assurances.--The State plan shall contain 
                satisfactory assurances that the provisions of the 
                State plan will be carried out.
            ``(2) Public availability.--Each State library 
        administrative agency submitting a State plan under this 
        subsection shall make the State plan available to the public.
            ``(3) Plan approval.--The Director shall approve a State 
        plan submitted under paragraph (1) that meets the requirements 
        of such paragraph.
            ``(4) Administration.--If the Director determines that the 
        State plan does not meet the requirements of paragraph (1), the 
        Director shall--
                    ``(A) immediately notify the State library 
                administrative agency of such determination and the 
                reasons for such determination;
                    ``(B) offer the State library administrative agency 
                the opportunity to revise its State plan;
                    ``(C) provide technical assistance in order to 
                assist the State library administrative agency in 
                meeting the requirements of paragraph (1); and
                    ``(D) provide the State library administrative 
                agency the opportunity for a hearing.
    ``(b) State With Plan Approved.--Each State library administrative 
agency serving a State that has a State plan approved under section 224 
and that desires a grant under this chapter shall submit to the 
Director an amendment to the State plan that contains a description of 
the public library construction or technology enhancement activities to 
be assisted under this chapter.

``SEC. 244. AUTHORIZATION OF APPROPRIATIONS.

    ``There are authorized to be appropriated to carry out this chapter 
$200,000,000 for fiscal year 2002 and for each of the 4 succeeding 
fiscal years.''.
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