I 

109TH CONGRESS 

1ST SESSION H. R. 2292

To provide for public library construction and modernization. 

IN THE HOUSE OF REPRESENTATIVES 

MAY 11, 2005

Mr. HINCHEY (for himself, Mr. OWENS, Mr. ENGEL, Mr. LYNCH, Mr. CROWLEY, Mr. MCDERMOTT, Mr. KILDEE, Mr. NADLER, Mr. BROWN of Ohio, 

Mr. CONYERS, Mr. CLAY, Mr. WEXLER, Mr. BUTTERFIELD, Mr. 

PALLONE, Mr. CHANDLER, Mrs. MCCARTHY, Mr. MCNULTY, Mr. PAYNE, 

Mr. BISHOP of New York, Mr. ROSS, Mr. JEFFERSON, Mr. MCGOVERN, 

Mr. SANDERS, Mr. TOWNS, Ms. DEGETTE, Mr. WU, Mr. RANGEL, Mr. 

NEAL of Massachusetts, Ms. LINDA T. SA ́NCHEZ of California, Mr. 

MOORE of Kansas, Mr. RUPPERSBERGER, Mr. SNYDER, Mr. WYNN, and 

Mr. BOUCHER) introduced the following bill; which was referred to the 

Committee on Education and the Workforce 

A BILL

To provide for public library construction and modernization.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Andrew Carnegie Pub5 lic Libraries Act’’. 
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1 SEC. 2. PUBLIC LIBRARY CONSTRUCTION AND MODERNIZA2 TION. 

3 (a) IN GENERAL.—The Library Services and Tech4 nology Act (20 U.S.C. 9121 et seq.) is amended—

5 (1) by redesignating chapter 3 as chapter 4; 

6 and 

7 (2) by inserting after chapter 2 the following: 

8 ‘‘CHAPTER 3—PUBLIC LIBRARY 

9 CONSTRUCTION AND MODERNIZATION 

10 ‘‘SEC. 241. GRANTS FOR PUBLIC LIBRARY CONSTRUCTION 

11 AND MODERNIZATION. 

12 ‘‘(a) IN GENERAL.—From amounts appropriated 

13 under section 244, the Director may make grants for the 

14 construction or modernization of public libraries to per15 sons or entities submitting applications under section 243. 

16 ‘‘(b) APPLICABILITY.—The provisions of this subtitle 

17 (other than this chapter) shall not apply to this chapter. 

18 ‘‘(c) DEFINITIONS.—In this chapter: 

19 ‘‘(1) CONSTRUCTION.—

20 ‘‘(A) IN GENERAL.—The term ‘construc21 tion’ means—

22 ‘‘(i) construction of new buildings; 

23 ‘‘(ii) the acquisition, expansion, re24 modeling, and alteration of existing build25 ings; 
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1 ‘‘(iii) the purchase, lease, and installa2 tion of equipment for any new or existing 

3 buildings; or 

4 ‘‘(iv) any combination of the activities 

5 described in clauses (i) through (iii), in6 cluding architect’ fees and the cost of ac7 quisition of land. 

8 ‘‘(B) SPECIAL RULE.—Such term includes 

9 remodeling to meet standards under the Act en10 titled ‘An Act to insure that certain buildings 

11 financed with Federal funds are so designed 

12 and constructed as to be accessible to the phys13 ically handicapped’, approved August 12, 1968 

14 (42 U.S.C. 4151 et seq.), commonly known as 

15 the ‘Architectural Barriers Act of 1968’, remod16 eling designed to ensure safe working environ17 ments and to conserve energy, renovation or re18 modeling to accommodate new technologies, and 

19 the purchase of historic buildings for conversion 

20 to public libraries. 

21 ‘‘(2) EQUIPMENT.—The term ‘equipment’ 

22 means—

23 ‘‘(A) information and building tech24 nologies, video and telecommunications equip25 ment, machinery, utilities, built-in equipment, 
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1 and any necessary enclosures or structures to 

2 house the technologies, equipment, machinery 

3 or utilities; and 

4 ‘‘(B) all other items necessary for the 

5 functioning of a particular facility as a facility 

6 for the provision of library services. 

7 ‘‘(3) MODERNIZATION.—

8 ‘‘(A) IN GENERAL.—The term ‘moderniza9 tion’ means the purchase, rental, or lease of 

10 technological items, devices, or products (in11 cluding upgrades)—

12 ‘‘(i) to improve access to library serv13 ices or materials in a public library; or 

14 ‘‘(ii) to maintain or improve the func15 tional capabilities of individuals with dis16 abilities in a public library. 

17 ‘‘(B) LIMITATION.—Such term does not in18 clude—

19 ‘‘(i) the purchase of books, periodi20 cals, audio or video recordings, or other 

21 similar library materials used by patrons; 

22 or 

23 ‘‘(ii) costs for telecommunications or 

24 computer wiring undertaken in order to 
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1 permit or improve the use of technological 

2 items, devices, or products. 

3 ‘‘(4) PUBLIC LIBRARY.—The term ‘public li4 brary’ means a library that serves free of charge all 

5 residents of a community, district, or region, and re6 ceives its financial support in whole or in part from 

7 public funds. Such term also includes a research li8 brary, which, for the purposes of this sentence, 

9 means a library, which—

10 ‘‘(A) makes its services available to the 

11 public free of charge; 

12 ‘‘(B) has extensive collections of books, 

13 manuscripts, and other materials suitable for 

14 scholarly research which are not available to the 

15 public through public libraries; 

16 ‘‘(C) engages in the dissemination of hu17 manistic knowledge through services to readers, 

18 fellowships, educational and cultural programs, 

19 publication of significant research, and other 

20 activities; and 

21 ‘‘(D) is not an integral part of an institu22 tion of higher education. 

23 ‘‘SEC. 242. USES OF FEDERAL FUNDS. 

24 ‘‘(a) IN GENERAL.—A recipient of a grant under this 

25 chapter shall use funds appropriated under section 244 
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1 to pay the Federal share of the cost of construction or 

2 modernization of public libraries. 

3 ‘‘(b) MAXIMUM AMOUNT.—The maximum amount of 

4 a grant under this chapter is $5,000,000. 

5 ‘‘(c) FEDERAL SHARE.—

6 ‘‘(1) IN GENERAL.—For the purposes of sub7 section (a), the Federal share of the cost of con8 struction or modernization of any project assisted 

9 under this chapter shall not exceed one-half of the 

10 total cost of the project. 

11 ‘‘(2) NON-FEDERAL SHARE.—The non-Federal 

12 share of the cost of construction or modernization of 

13 any project assisted under this chapter may be pro14 vided from State, local or private sources, including 

15 for-profit and nonprofit organizations. 

16 ‘‘(d) SPECIAL RULE.—If, within 20 years after com17 pletion of construction of any public library facility that 

18 has been constructed in part with grant funds made avail19 able under this chapter—

20 ‘‘(1) the recipient of the grant funds (or its suc21 cessor in title or possession) ceases or fails to be a 

22 public or nonprofit institution, or 

23 ‘‘(2) the facility ceases to be used as a library 

24 facility, unless the Director determines that there is 
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1 good cause for releasing the institution from its obli2 gation, 

3 the United States shall be entitled to recover from such 

4 recipient (or successor) an amount which bears the same 

5 ratio to the value of the facility at that time (or part there6 of constituting an approved project or projects) as the 

7 amount of the Federal grant bore to the cost of such facil8 ity (or part thereof). The value shall be determined by the 

9 parties or by action brought in the United States district 

10 court for the district in which the facility is located. 

11 ‘‘SEC. 243. APPLICATION. 

12 ‘‘Any person or entity desiring to receive a grant 

13 under this chapter for any fiscal year shall submit to the 

14 Director an application at such time, in such manner, and 

15 containing such information as the Director may require, 

16 including a description of the public library construction 

17 or modernization activities be assisted under this chapter. 

18 ‘‘SEC. 244. LABOR STANDARDS. 

19 ‘‘All laborers and mechanics employed by contractors 

20 or subcontractors in any construction, alteration, or re21 pair, including painting and decorating, of projects, build22 ings, and works which are assisted under this chapter, 

23 shall be paid wages at rates not less than those prevailing 

24 on similar construction in the locality as determined by 

25 the Secretary of Labor in accordance with the Act of 
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1 March 3, 1931 (40 U.S.C. 276—276a–5), popularly 

2 known as the Davis-Bacon Act. The Secretary of Labor 

3 shall have, with respect to such labor standards, the au4 thority and functions set forth in Reorganization Plan 

5 Numbered 14 of 1950 (15 F.R. 3176; 64 Stat. 1267) and 

6 section 2 of the Act of June 1, 1934, as amended (48 

7 Stat. 948, as amended; 40 U.S.C. 276(c)). 

8 ‘‘SEC. 245. AUTHORIZATION OF APPROPRIATIONS. 

9 ‘‘(a) IN GENERAL.—There are authorized to be ap10 propriated to carry out this chapter $200,000,000 for fis11 cal year 2006 and each of the 4 succeeding fiscal years, 

12 to remain available until expended. 

13 ‘‘(b) ADMINISTRATION.—Not more than 3 percent of 

14 the funds appropriated under subsection (a) for a fiscal 

15 year may be used to pay for the Federal administrative 

16 costs of carrying out this chapter.’’. 

17 (b) CONFORMING AMENDMENT.—Section 210A of 

18 the Museum and Library Services Act (20 U.S.C. 9109) 

19 is amended by striking ‘‘No funds’’ and inserting ‘‘Except 

20 as provided in chapter 3 of the Library Services and Tech21 nology Act, no funds’’. 

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