Sec. 4. Allocation to States
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/bill/116/s/5071/is/section-4A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
From the amount available in the Build America’s Libraries Fund and not reserved under section 3(b), each State that has a plan approved by the Director under subsection
(b)shall be allocated an amount in the same manner as the Director makes allotments to States under section 221(b) of the Library Services and Technology Act ( 20 U.S.C. 9131(b) ), except that, for purposes of this section, the minimum allotment for each State shall be $10,000,000, except that the minimum allotment shall be $500,000 in the case of the United States Virgin Islands, Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, the Republic of the Marshall Islands, the Federated States of Micronesia, and the Republic of Palau. From the remainder of any amounts not reserved or allocated under subparagraph (A), on the date that is 1 year after the date of enactment of this Act, the Director shall allocate to each State that has a plan approved by the Director under subsection (b), an amount that bears the same relation to such remainder as the population of the State bears to the population of all States. For the purposes of clause (i), the population of each State and of all the States shall be determined by the Director on the basis of the most recent data available from the Bureau of the Census. A State shall reserve not more than 4 percent of its allocation under paragraph
(1)for administrative costs and to provide technical assistance to libraries in the State. To be eligible to receive an allocation under this section, a State library administrative agency shall submit to the Director a plan that includes such information as the Director may require, including at a minimum— a description of how the State will use the allocation to make long-term improvements to library facilities with a focus on underserved and marginalized communities; a description regarding how the State will carry out its responsibility to provide technical assistance under subsection (a)(2); a description regarding how the State will make the determinations of eligibility and priority under subsections
(b)and
(d)of section 5; a certification that the State has met the maintenance of effort requirements under section 223(c) of the Library Services and Technology Act ( 20 U.S.C. 9133(c) ); and an assurance that the State will meet the supplement not supplant requirement under section 6(c). The Director shall approve a State plan submitted under paragraph
(1)that meets the requirements of paragraph
(1)and provides satisfactory assurances that the provisions of such plan will be carried out. Each State library administrative agency receiving an allocation under this section shall make the State plan available to the public, including through electronic means. If the Director determines that the State plan does not meet the requirements of this section, the Director shall— immediately notify the State library administrative agency of such determination and the reasons for such determination; offer the State library administrative agency the opportunity to revise its State plan; provide technical assistance in order to assist the State library administrative agency in meeting the requirements of this section; and provide the State library administrative agency the opportunity for a hearing. Each State receiving an allocation under this section shall use the funds for any 1 or more of the following: Constructing, renovating, modernizing, or retrofitting library facilities in the State, which may include— financing new library facilities; making capital improvements to existing library facilities, including buildings, facilities grounds, and bookmobiles; enhancing library facilities to improve the overall safety and health of library patrons and staff, including improvements directly related to reducing the risk of community spread of COVID–19; and addressing the vulnerability of library facilities to natural disasters. Investing in infrastructure projects related to improving internet access and connectivity in library facilities and for library patrons, including projects related to high-speed broadband, technology hardware, and mobile hotspots and similar equipment. Improving energy and water efficiency to lower the costs of energy and water consumption in library facilities. Improving indoor air quality and ventilation in library facilities, including mechanical and non-mechanical heating, ventilation, and air conditioning systems, filtering and other air cleaning, fans, control systems, and window and door repair and replacement. Reducing or eliminating the presence in library facilities of potential hazards to library staff and patrons, including— toxic substances, including mercury, radon, PCBs, lead, and asbestos; or mold and mildew. Ensuring the safety of drinking water at the tap in library facilities, which may include testing of the potability of water at the tap for the presence of lead and other contaminants. Making library facilities accessible to people with disabilities, including by ensuring compliance with the Americans with Disabilities Act of 1990 ( 42 U.S.C. 12101 et seq.) and section 504 of the Rehabilitation Act of 1973 ( 29 U.S.C. 794 ). Improving library facilities for the purposes of supporting place-based services or community-based partnerships that provide library patrons with access to educational, workforce, behavioral health, mental health, and social services. Assessing the condition of existing library facilities and the need for new or improved library facilities and developing facilities master plans.
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