101st CONGRESS
1st Session
H. R. 2742
AMENDMENT
HR 2742 EAS
In the Senate of the United States,
October 12 (legislative day, September 18), 1989.
Resolved, That the bill from the House of Representatives (H.R. 2742)
entitled `An Act to extend and amend the Library Services and Construction
Act, and for other purposes', do pass with the following
AMENDMENT:
Strike out all after the enacting clause and insert:

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(a) SHORT TITLE- This Act may be cited as the `Library Services and
Construction Act Amendments of 1989'.
(b) REFERENCES- References in this Act to `the Act' are references to the
Library Services and Construction Act (20 U.S.C. 351 et seq.).

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Section 3 of the Act is amended--
(1) in paragraph (2)--
(A) by striking `and initial equipment' and inserting `and for the purchase,
lease, and installation of equipment';
(B) by striking `to conserve energy' and inserting `to ensure safe working
environments and to conserve energy'; and
(C) by striking `includes machinery' and inserting `includes information
and building technologies, video and telecommunications equipment,
machinery'; and
(2) by adding at the end thereof the following new paragraphs:
`(17) The term `handicapped individual' means an individual who is physically
or mentally impaired, visually impaired, or hearing impaired.
`(18) The term `network' means any local, statewide, regional, or interstate
cooperative association of library entities which provide for the systematic
and effective coordination of the resources of school, public, academic,
and special libraries and information centers for improved supplementary
services for the clientele served by each type of library entity.'.

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(a) AMENDMENT- Section 4(a) of the Act is amended to read as follows:
`SEC. 4. (a) There are authorized to be appropriated--
`(1) for the purpose of making grants as provided in title I, $100,000,000
for fiscal year 1990 and such sums as may be necessary for each of the 4
succeeding fiscal years;
`(2) for the purpose of making grants as provided in title II, $55,000,000
for fiscal year 1990 and such sums as may be necessary for each of the 4
succeeding fiscal years;
`(3) for the purpose of making grants as provided in title III, $35,000,000
for fiscal year 1990 and such sums as may be necessary for each of the 4
succeeding fiscal years;
`(4) for the purpose of making grants as provided in title V, $1,000,000
for fiscal year 1990 and such sums as may be necessary for each of the 4
succeeding fiscal years;
`(5) for the purpose of making grants as provided in title VI, $10,000,000
for fiscal year 1990 and such sums as may be necessary for each of the 4
succeeding fiscal years; and
`(6) for the purpose of activities as provided in title VII, $500,000
for fiscal year 1990, and such sums as may be necessary each of the 4
succeeding fiscal years.
There shall be available for the purpose of making grants under title IV
for each of the fiscal years 1990, 1991, 1992, 1993, and 1994, 1.5 percent
of the amount appropriated pursuant to each of paragraphs (1), (2), and (3)
for each such fiscal year. There shall be available for the purpose of making
grants under section 5(d) for such fiscal years 0.5 percent of the amount
appropriated pursuant to each of such paragraphs for each such fiscal year.'.
(b) CARRYOVER OF FUNDS- Section 4(b) of the Act is amended by striking
`and for the next succeeding fiscal year' and inserting `and is authorized
to remain available until expended'.

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(a) AMENDMENT- Section 5(c) of the Act is amended to read as follows:
`(c)(1) From one-half of the sums available pursuant to the second sentence
of section 4(a) for any fiscal year, the Secretary shall allot an equal
amount to each Indian tribe that submits an approved application under
section 403.
`(2) From the remaining one-half of the sums available pursuant to such
second sentence, the Secretary shall make allocations to Indian tribes that
(A) are receiving an allocation under paragraph (1) of this subsection
for such fiscal year; and (B) have submitted approved applications under
section 404.
`(3) In making allocations under paragraph (2)--
`(A) no funds shall be allocated to an Indian tribe unless such funds will
be administered by a librarian; and
`(B) the Secretary shall take into account the needs of Indian tribes for
such allocations to carry out the activities described in section 402(b).
`(4) In making allocations under this subsection, the Secretary shall
take such actions as may be necessary to prevent an allocation from being
received to serve the same population by any 2 or more of the following
entities as defined in, or established pursuant to, the Alaska Native
Claims Settlement Act:
`(A) an Alaskan native village,
`(B) a regional corporation, or
`(C) a village corporation.'.
(b) CONFORMING AMENDMENT- Section 6(g)(2) of the Act is amended by inserting
after `section 5(c)(2)' the following: `in the same fiscal year in which
it has received an allocation under section 5(c)(1)'.

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Section 6(b) of the Act is amended by--
(1) striking `and' at the end of paragraph (3);
(2) redesignating paragraph (4) as paragraph (5); and
(3) inserting the following new paragraph (4) after paragraph (3):
`(4) provide assurances that libraries within the State shall not
discriminate on the basis of race, religion, age, gender, national origin,
or handicapping condition in providing space for public meetings; and'.

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Section 6 of the Act is further amended--
(1) in subsection (d)(1), by striking `and construction' and inserting `,
construction, and interlibrary cooperation and resource sharing'; and
(2) by adding at the end thereof the following new subsection:
`(h) The Secretary shall coordinate programs under titles V and VI of
this Act with the programs assisted by titles I, II, and III of this Act,
and shall provide to the head of the State library administrative agency
the opportunity to comment on any application for a grant under title V
or VI of this Act prior to the awarding of the grant, in order to assure
that such grants from the Secretary are for purposes consistent with the
long-range program required under subsection (d) of this section.'.

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Section 7 of this Act is amended--
(1) by redesignating subsections (b) and (c) as subsections (c) and (d),
respectively; and
(2) by inserting after subsection (a) the following new subsection:
`(b) In fiscal year 1990, and every fifth fiscal year thereafter, each
State library agency may review its expenditures in the second fiscal year
preceding fiscal year for which the determination is made under the programs
from State and local sources and file with the Secretary a statement to
establish a current, revised expenditure level to be used for measuring
the maintenance of effort required under subsections (a)(1)(B) and (a)(2).'.

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Section 101 of the Act is amended--
(1) by redesignating paragraphs (5) and (6) as paragraphs (8) and (9),
respectively; and
(2) by inserting after paragraph (4) the following new paragraph:
`(5) for assisting libraries in developing intergenerational library
programs that will match older adult volunteers with libraries interested in
developing after school literacy and reading skills programs for unsupervised
school children during afterschool hours;'.

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Section 101 of the Act is further amended by inserting after paragraph
(5) the following new paragraph:
`(6) for assisting libraries in providing mobile library services and
programs to child-care providers or child-care centers which are licensed
or certified by the State, or otherwise meet the requirements of State law;'.

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Section 101 of the Act is further amended by inserting after paragraph
(6) the following new paragraph:
`(7) to establish and support model library literacy centers, coordinated
by the State library administrative agency with other interested State
agencies and nonprofit organizations to reduce the number of functionally
illiterate individuals and to help them reach full employment;'.

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Section 102(a) of the Act is amended by adding at the end thereof the
following new sentence: `In carrying out its program to accomplish the
purposes of this title, a State may make subgrants to library systems
or networks which include libraries other than public libraries, if the
purpose of the subgrant is to improve services for public library patrons'.

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Section 102(c) of the Act is amended by adding at the end thereof the
following new paragraph:
`(3) No State shall, in carrying out the provisions of paragraph (2)
of this subsection, reduce the amount paid to any major urban resource
library below the amount that such library received in the year preceding
the year for which the determination is made under such paragraph (2),
except that such amount shall be ratably reduced to the extent that the
total Federal allocations to the State under section 5 for purposes of this
title for the applicable fiscal year are reduced or that the 1990 Census
shows the population of the city served by such library has decreased.'.

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Section 103 of the Act is amended--
(1) in paragraph (3), by striking `and institutionalized individuals';
(2) in paragraph (4)--
(A) by striking `(A)'; and
(B) by striking everything following `elderly' the first place it appears
and inserting a semicolon; and
(3) by striking paragraph (5) and inserting the following:
`(5) describe the uses of funds to make library services and programs more
accessible to handicapped individuals.'.

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(a) DEFINITION- Section 3 of the Act is further amended by adding at the
end thereof the following new paragraph:
`(19) 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.'.
(b) USE OF TITLE I FUNDS- Section 101 of the Act is further amended--
(1) by striking `and' at the end of paragraph (8) (as redesignated by
section 7(1));
(2) by striking the period at the end of paragraph (9) (as redesignated
by section 7(1)) and inserting `; and'; and
(3) by adding at the end thereof the following new paragraph:
`(10) for assisting public libraries in making effective use of technology
to improve library and information services.'.
(c) USE OF TITLE II FUNDS- Title II of the Act is amended--
(1) by inserting `AND TECHNOLOGY ENHANCEMENT' after `CONSTRUCTION' in the
heading of such title;
(2) by inserting `AND LIBRARY AND INFORMATION TECHNOLOGY ENHANCEMENT'
after `CONSTRUCTION' in the head of section 201;
(3) by inserting `and technology enhancement' after `construction' each
place it appears in sections 201, 202(a), 202(b), 203(1), 203(2), and 203(3);
(4) by striking `section 3(2)' in section 202(a) and inserting `sections
3(2) and 3(19), respectively'; and
(5) by inserting `AND TECHNOLOGY ENHANCEMENT' after `CONSTRUCTION' in the
heading of section 203.
(d) USE OF TITLE III FUNDS- Section 302(a) of the Act is amended--
(1) by striking `and' at the end of paragraph (1); and
(2) by inserting before the period at the end of paragraph (2) the
following: `; and (3) developing the technological capacity of libraries
for interlibrary cooperation and resource sharing'.

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Section 203 of the Act is amended--
(1) by striking the period at the end of paragraph (4) and inserting `;
and'; and
(2) by adding at the end thereof the following new paragraph:
`(5) follow policies and procedures in the construction of public libraries
that will promote the preservation of library and information resources
to be utilized in the facilities.'.

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Sections 301 and 304(a) of the Act are amended by striking `eventual'
and inserting `attaining'.

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Title III of the Act is amended by adding at the end thereof the following
new section:
`PRESERVATION PROGRAMS
`SEC. 305. (a) The long-range program and annual program of each State
under this title may--
`(1) include a statewide preservation cooperation plan that complies with
this section; and
`(2) identify the preservation objectives to be achieved during the period
covered by the long-range plans required by section 6.
`(b) A statewide preservation cooperation plan complies with this section
if--
`(1) such plan specifies the methods by which the State library
administrative agency will work with libraries, archives, historical
societies, scholarly organizations, and other agencies, within or outside
the State, in planning, education and training, coordinating, outreach
and public information, and service programs to ensure that endangered
library and information resources are preserved systematically; and
`(2) such preservation plan is developed in consultation with such parties
and agencies as the State archives, historical societies, libraries,
scholarly organizations, and other interested parties.
`(c) A State that has a statewide preservation cooperation plan that complies
with this section may use funds under this title to carry out such plan.
`(d) The State library administrative agency may contract part or all of the
preservation program under this section to other agencies or institutions.'.

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Section 601(e) of the Act is amended by striking `$25,000' and inserting
`$35,000'.

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Section 501 of the Library Services Construction Act is amended by adding
the following new subsection at the end thereof:
`(d)(1) The provisions of subsection (c) shall not apply to any major
urban resource library.
`(2) The Secretary shall not use more than 30 percent of the funds
appropriated under this title to provide grants to major urban resource
libraries in excess of the amount of the limitation described in subsection
(c).

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(a) AMENDMENT- The Act is further amended by adding at the end thereof
the following new title:
`TITLE VII--EVALUATION AND ASSESSMENT
`PROGRAM AUTHORITY
`SEC. 701. The Secretary is authorized to carry out a program for the
purpose of evaluation and assessment (directly or by grants or contracts)
of programs authorized under this Act.'.
(b) CONFORMING AMENDMENT- Section 5(a) of the Act is amended by striking
out paragraph (5).

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(a) TITLE I HEADING- The heading of title I of the Act is amended by
inserting `PUBLIC' before `LIBRARY'.
(b) SECTION 101 HEADING- The heading of section 101 is amended by inserting
`PUBLIC' before `LIBRARY'.

f974282adc403fa0094e9087b6ae3fa4d10a43fe76f1cdc03238ea16d9a8703f

The amendments made by this Act shall take effect on October 1, 1989.
Attest:
Secretary.
HR 2742 EAS----2
HR 2742 EAS----3

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Library Services and Construction Act Amendments of 1989 — HR. 2742

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