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108th CONGRESS
2d Session
H. R. 4286
To provide for public library construction and technology enhancement.
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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
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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:
``(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 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.
``(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.--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.''.
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