II 118th CONGRESS 2d Session S. 5531 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.

1. Short title This Act may be cited as the Public Archives Resiliency Act . 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. 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. 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. 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). 6. Authorization of appropriations There are authorized to be appropriated to carry out this Act $250,000,000 for fiscal year 2025.