Public Libraries Have Been Struggling to Keep Their Buildings Safe for over 20 Years
How § 9109 keeps libraries from receiving the funding they need for critical infrastructure repairs
Since 2003, public libraries have been prohibited from using a major source of funding from the Institute of Museum and Library Services (IMLS) to cover construction fees that help keep patrons, buildings, and contents safe.
The IMLS is an executive agency that oversees the funding, organization, and overall operations of federally funded libraries and museums. As such, its statutes and policies have an immense impact on the libraries that depend on its financial support—support that is strictly restricted by § 9109 of the Museum and Library Services Act, which explicitly forbids the use of funds distributed by this entity for any construction-related activities.
Why this was considered a reasonable restriction is unclear, but it has been established law for over two decades. We need not speculate on what twenty-three years of deferred maintenance can do to the infrastructure of a public space, as the Government Accountability Office (GAO) released a report late last year that paints a concerning picture.
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Nearly 40 percent of the 16,400 libraries that participated in this survey reported that at least part of their buildings were in poor condition, and even more highlighted structural issues that limit accessibility for individuals with disabilities.
Furthermore, 61 percent of participants noted at least one infrastructure component that could threaten the health and/or safety of patrons and staff. And 71 percent cited costs and a lack of funding as the primary causes of these problems. Because they are entirely reliant on local provisions and private donations to address these concerns, smaller libraries are typically unable to raise sufficient funds for repairs.
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These are only a few of the concerning metrics identified in this report, which provides a detailed analysis of the current needs and limitations affecting public libraries. While it does not suggest a change to existing executive codes, the authors repeatedly note that although the IMLS is a significant source of financial support for libraries, it remains restricted by federal statute from providing funds for essential infrastructure repairs and construction. A copy of the report was sent to both the IMLS and the Library of Congress, but so far, no meaningful changes have occurred.
While the good news is that a specific legislative component can be targeted to alleviate these circumstances, the reality is that overturning a long-established federal statute requires significant time, effort, and money in the form of sustained activism. Patrons, staff, and community leaders alike must now speak loudly and clearly about the need to fundamentally rework or remove entirely § 9109 of the Museum and Library Services Act to prevent an epidemic of infrastructure failures in public libraries across the country.
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