108th CONGRESS
2d Session
H. R. 4286
To provide for public library construction and technology enhancement.
IN THE HOUSE OF REPRESENTATIVES
May 5, 2004
Mr. HINCHEY introduced the following bill; which was referred to the Committee
on Education and the Workforce
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 a State plan approved
under section 224 for the construction or technology enhancement of public libraries.
`(b) Definitions- In this chapter:
`(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) 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.
`(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. USES OF FEDERAL FUNDS.
`(a) In General- A State shall use funds appropriated under section 244 to pay
the Federal share of the cost of construction or technology enhancement of public
libraries.
`(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- 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. DESCRIPTION INCLUDED IN STATE PLAN.
`Any State desiring to receive a grant under this chapter for any fiscal year
shall submit, as a part of the State plan under section 224, 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 2005 and each of the 4 succeeding fiscal years.'.
END