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[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 5531 Introduced in Senate (IS)]

<DOC>

118th CONGRESS
  2d Session
                                S. 5531

Authorizing grants to support long-term climate resiliency for archival 
institutions, libraries, and museums in order to provide continuity and 
                       access to covered records.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                           December 12, 2024

Mr. Markey (for himself and Ms. Hirono) introduced the following bill; 
which was read twice and referred to the Committee on Homeland Security 
                        and Governmental Affairs

_______________________________________________________________________

                                 A BILL

 
Authorizing grants to support long-term climate resiliency for archival 
institutions, libraries, and museums in order to provide continuity and 
                       access to covered records.

    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 ``Public Archives Resiliency Act''.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) Climate change affects temperature, changes 
        precipitation, increases sea levels, and increases the 
        frequency and intensity of extreme weather events.
            (2) According to a 2018 study from Climate Risk 
        Management--
                    (A) more than 20 percent of archival repositories 
                are likely to be affected by storm surges;
                    (B) more than 90 percent of archives are estimated 
                to have a temperature change greater than 1 C, with 
                7.5 percent of sites likely to change by 10 C by 2070; 
                and
                    (C) 69.5 percent of archives are likely to receive 
                at least 6 inches more rainfall by 2100 over current 
                annual averages.
            (3) Extreme weather affects infrastructure and critical 
        systems, such as heating, ventilation, air conditioning 
        systems, and mechanical systems.
            (4) Climate change increasingly poses a risk for 
        degradation and loss of cultural heritage and archives.
            (5) There is an urgent need to protect vital records, like 
        birth certificates, death certificates, and marriage licenses, 
        in preparation for or following extreme weather events.
            (6) Funding for the National Archives and Records 
        Administration, an independent agency that provides public 
        access to high-value Federal Government records, has not 
        meaningfully increased in the last 30 years, despite an 
        exponential growth in electronic records.
            (7) Recent events demonstrate the importance of investment 
        in public record-keeping systems and institutions. For 
        instance--
                    (A) during the COVID-19 pandemic, many veterans 
                were unable to secure adequate documentation to obtain 
                veterans' benefits and military burials because of 
                insufficient staffing levels at the National Archives 
                Personnel Records Center; and
                    (B) in 2023, 8 of the Lahaina Restoration 
                Foundation's historic sites burned down or were 
                critically damaged, leading to the loss of tens of 
                thousands of artifacts and records in Hawaii due to the 
                Lahaina fires, although the Foundation was able to 
                digitize certain collections before the fires destroyed 
                these artifacts.
            (8) In the most recent census taken of archivists in the 
        United States, 20 percent indicated that they planned to leave 
        the profession within the next 5 years, with burnout being 
        cited as a leading cause. Robust investments in sustainable 
        staffing in addition to resilient infrastructure is critical to 
        the operation and maintenance of these record-keeping 
        institutions.

SEC. 3. AUTHORIZING GRANTS TO PROMOTE PRESERVATION, CLIMATE RESILIENCE, 
              AND ADAPTION FOR LIBRARIES, ARCHIVES, AND MUSEUMS.

    (a) Definitions.--In this Act:
            (1) Covered records.--The term ``covered records'' means--
                    (A) vital records, as defined in part 1223.2 of 
                title 36, Code of Federal Regulations, or similar 
                successor regulations;
                    (B) essential and vital records, as defined by 
                State, local, Tribal, or territorial law (including 
                regulations); and
                    (C) any other records of historical or cultural 
                significance, as determined by the Archivist of the 
                United States and the Director of the Institute of 
                Museum and Library Services in consultation with--
                            (i) the head of the agency in each State 
                        that is responsible for the State archives; and
                            (ii) the State historical records advisory 
                        board in each State, as defined in section 
                        1206.41 of title 36, Code of Federal 
                        Regulations, or similar successor regulations.
            (2) Eligible entity.--The term ``eligible entity'' means 
        any of the following entities that maintain covered records:
                    (A) State, local, Tribal, and territorial 
                governments.
                    (B) Public archives, libraries, and museums.
                    (C) Institutions of higher education, as defined in 
                section 101 of the Higher Education Act of 1965 (20 
                U.S.C. 1001).
                    (D) Nonprofit community-based organizations.
    (b) In General.--
            (1) In general.--The Archivist of the United States, acting 
        jointly with the Director of the Institute of Museum and 
        Library Services, shall award grants through the National 
        Historical Publications and Records Commission and the 
        Institute of Museum and Library Services, on a competitive 
        basis, to eligible entities for the purpose of supporting long-
        term climate resiliency in order to provide continuity and 
        access to covered records, as described in subsection (d).
            (2) Vital records.--From the amounts made available to 
        carry out this section, not less than 50 percent shall be for 
        grants to eligible entities that intend to use the grant funds 
        to support activities described in subsection (d) with respect 
        to vital records, as described in subparagraph (A) or (B) of 
        subsection (a)(1).
            (3) Reservation of funds.--From the amounts made available 
        to carry out this section, not less than 3 percent shall be 
        reserved for Indian Tribes (as defined in section 2 of the 
        Tribally Controlled Colleges and Universities Assistance Act of 
        1978 (25 U.S.C. 1801)) and non-profit organizations that 
        primarily serve and represent Native Hawaiians.
    (c) Application.--An eligible entity that desires a grant under 
this section shall submit an application at such time, in such manner, 
and containing such information as the National Historical Publications 
and Records Commission and the Institute of Museum and Library Services 
may require.
    (d) Eligible Uses of Grant Funds.--An eligible entity receiving a 
grant under this section shall use grant funds to support one or more 
of the following:
            (1) Staffing necessary to--
                    (A) support continuity of covered records, 
                including the digitization or digital cloud storage of 
                covered records; and
                    (B) mitigate the possibility of disruptions to 
                accessing covered records.
            (2) Facility infrastructure upgrades to--
                    (A) protect facilities that house covered records 
                from extreme temperatures, humidity, storms, winds, 
                hurricanes, tornadoes, heavy snow, blizzards, flooding, 
                erosion, wildfires, and sea level rise; and
                    (B) prevent water damage caused by heavy rain, poor 
                grading, snow melt, ice melt, water pipes, drain pipes, 
                and undersized stormwater controls.
            (3) Relocating covered records and infrastructure outside 
        of hazardous areas, where necessary.
            (4) The provision of internet and broadband connectivity 
        equipment, as well as other technological equipment and 
        resources necessary to digitize and store multiple distributed 
        copies of covered records that are at risk of damage or loss 
        due to extreme weather or other conditions, and to provide 
        online training and materials related to conservation planning 
        and education.
            (5) Language preservation, including through direct 
        outreach, digital and physical record-keeping, and other 
        activities.
            (6) Developing and implementing a climate adaption plan.
            (7) Developing an emergency preparedness and disaster 
        response plan coordination network.
            (8) Accessing conservation and climate risk training and 
        education materials.

SEC. 4. ADMINISTRATION AND OVERSIGHT.

    (a) No Prohibition Against Construction.--Funds awarded under this 
Act may be used for construction expenses.
    (b) No Matching Requirement or Non-Federal Share.--Notwithstanding 
any other provision of law, an eligible 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 
funds under this Act.
    (c) Administrative Costs.--From the amount appropriated to carry 
out this Act, the Archivist of the United States and the Director of 
the Institute of Museum and Library Services may allocate not more than 
3 percent of such amount for program administration, oversight 
activities, research, analysis, and data collection.

SEC. 5. STUDY.

    (a) In General.--The Comptroller General shall conduct a study--
            (1) of covered records to identify eligible entities and 
        covered records vulnerable to sea level rise, surface water 
        flooding, increased rainfall, extreme temperature, fire risks, 
        natural disasters (including tornados, blizzards, and ice 
        storms), grid resilience, or labor shortages that could cause a 
        disruption in the continuity of covered records; and
            (2) to identify potential safe harbor institutions that may 
        be designated as receiving repositories for covered records 
        that may need to be relocated, and any potential legal barriers 
        to such relocation.
    (b) Report.--Not later than 1 year after the date of enactment of 
this Act, the Comptroller General shall submit a report to Congress 
containing the results of the study carried out under subsection (a).

SEC. 6. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated to carry out this Act 
$250,000,000 for fiscal year 2025.
                                 <all>
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