[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2535 Engrossed in House (EH)]

  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
108th CONGRESS
  1st Session
                                H. R. 2535

_______________________________________________________________________

                                 AN ACT


 
 To reauthorize and improve the program authorized by the Public Works 
                 and Economic Development Act of 1965.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Economic 
Development Administration Reauthorization Act of 2003''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Amendments to Public Works and Economic Development Act of 
                            1965.
                      TITLE I--GENERAL PROVISIONS

Sec. 101. Findings and declarations.
Sec. 102. Definitions.
Sec. 103. Establishment of economic development partnerships.
Sec. 104. Coordination.
       TITLE II--GRANTS FOR PUBLIC WORKS AND ECONOMIC DEVELOPMENT

Sec. 201. Grants for planning.
Sec. 202. Cost sharing.
Sec. 203. Supplementary grants.
Sec. 204. Regulations on relative needs and allocations.
Sec. 205. Grants for training, research, and technical assistance.
Sec. 206. Prevention of unfair competition.
Sec. 207. Grants for economic adjustment.
Sec. 208. Use of funds in projects constructed under projected cost.
Sec. 209. Special impact areas.
Sec. 210. Performance awards.
Sec. 211. Planning performance awards.
Sec. 212. Subgrants.
Sec. 213. Brownfields redevelopment.
Sec. 214. Brightfields demonstration program.
        TITLE III--COMPREHENSIVE ECONOMIC DEVELOPMENT STRATEGIES

Sec. 301. Comprehensive economic development strategies.
                TITLE IV--ECONOMIC DEVELOPMENT DISTRICTS

Sec. 401. Incentives.
Sec. 402. Provision of comprehensive economic development strategies to 
                            regional commissions.
                        TITLE V--ADMINISTRATION

Sec. 501. Economic development information clearinghouse.
Sec. 502. Businesses desiring Federal contracts.
Sec. 503. Performance evaluations of grant recipients.
Sec. 504. Conforming amendments.
                        TITLE VI--MISCELLANEOUS

Sec. 601. Relationship to assistance under other law.
Sec. 602. Sense of Congress regarding economic development 
                            representatives.
                           TITLE VII--FUNDING

Sec. 701. Authorization of appropriations.
              TITLE VIII--APPALACHIAN REGIONAL DEVELOPMENT

Sec. 801. Additions to appalachian region.
Sec. 802. Authorization of appropriations.

SEC. 2. AMENDMENTS TO PUBLIC WORKS AND ECONOMIC DEVELOPMENT ACT OF 
              1965.

    Except as otherwise expressly provided, whenever in this Act an 
amendment or repeal is expressed in terms of an amendment to, or a 
repeal of, a section or other provision, the reference shall be 
considered to be made to a section or other provision of the Public 
Works and Economic Development Act of 1965 (42 U.S.C. 3121 et seq.).

                      TITLE I--GENERAL PROVISIONS

SEC. 101. FINDINGS AND DECLARATIONS.

    Section 2 (42 U.S.C. 3121) is amended to read as follows:

``SEC. 2. FINDINGS AND DECLARATIONS.

    ``(a) Findings.--Congress finds the following:
            ``(1) There continue to be areas experiencing chronic high 
        unemployment, underemployment, outmigration, and low per capita 
        incomes, as well as areas facing sudden and severe economic 
        dislocations due to structural economic changes, changing trade 
        patterns, certain Federal actions (including environmental 
        requirements that result in the removal of economic activities 
        from a locality), and natural disasters.
            ``(2) Economic growth in our Nation, States, cities, and 
        rural areas is produced by expanding economic opportunities, 
        expanding free enterprise through trade, developing and 
        strengthening public infrastructure, and creating a climate for 
        job creation and business development.
            ``(3) The goal of Federal economic development programs is 
        to raise the standard of living for all citizens and increase 
        the wealth and overall rate of growth of the economy by 
        encouraging communities to develop a more competitive and 
        diversified economic base by--
                    ``(A) creating an environment that promotes 
                economic activity by improving and expanding public 
                infrastructure;
                    ``(B) promoting job creation through increased 
                innovation, productivity, and entrepreneurship; and
                    ``(C) empowering local and regional communities 
                experiencing chronic high unemployment and low per 
                capita income to develop private sector business and 
                attract increased private sector capital investment.
            ``(4) While economic development is an inherently local 
        process, the Federal Government should work in partnership with 
        public and private local, regional, tribal, and State 
        organizations to maximize the impact of existing resources and 
        enable regions, communities, and citizens to participate more 
        fully in the American dream and national prosperity.
            ``(5) In order to avoid duplication of effort and achieve 
        meaningful, long-lasting results, Federal, State, tribal, and 
        local economic development activities should have a clear 
        focus, improved coordination, a comprehensive approach, and 
        simplified and consistent requirements.
            ``(6) Federal economic development efforts will be more 
        effective if they are coordinated with, and build upon, the 
        trade, workforce investment, transportation, and technology 
        programs of the United States.
    ``(b) Declarations.--In order to promote a strong and growing 
economy throughout the United States, Congress declares the following:
            ``(1) Assistance under this Act should be made available to 
        both rural- and urban-distressed communities.
            ``(2) Local communities should work in partnership with 
        neighboring communities, the States, Indian tribes, and the 
        Federal Government to increase their capacity to develop and 
        implement comprehensive economic development strategies to 
        alleviate economic distress and enhance competitiveness in the 
        global economy.
            ``(3) Whether suffering from long-term distress or a sudden 
        dislocation, distressed communities should be encouraged to 
        support entrepreneurship to take advantage of the development 
        opportunities afforded by technological innovation and 
        expanding newly opened global markets.''.

SEC. 102. DEFINITIONS.

    (a) Eligible Recipient.--Section 3(4)(A) (42 U.S.C. 3122(4)(A)) is 
amended--
            (1) by striking clause (i) and redesignating clauses (ii) 
        through (vii) as clauses (i) through (vi), respectively; and
            (2) in clause (iv) (as so redesignated) by inserting ``, 
        including a special purpose unit of a State or local government 
        engaged in economic or infrastructure development activities,'' 
        after ``State''.
    (b) Regional Commissions.--Section 3 (42 U.S.C. 3122) is amended--
            (1) by redesignating paragraphs (8), (9), and (10) as 
        paragraphs (9), (10), and (11), respectively; and
            (2) by inserting after paragraph (7) the following:
            ``(8) Regional commissions.--The term `Regional 
        Commissions' means the following entities:
                    ``(A) The Appalachian Regional Commission 
                established under chapter 143 of title 40, United 
                States Code.
                    ``(B) The Delta Regional Authority established 
                under subtitle F of the Consolidated Farm and Rural 
                Development Act (7 U.S.C. 2009aa et seq.).
                    ``(C) The Denali Commission established under the 
                Denali Commission Act of 1998 (42 U.S.C. 2131 note; 112 
                Stat. 2681-637 et seq.).
                    ``(D) The Northern Great Plains Regional Authority 
                established under subtitle F of the Consolidated Farm 
                and Rural Development Act (7 U.S.C. 2009bb et seq.).''.
    (c) University Center.--Section 3 (42 U.S.C. 3122) is amended by 
adding at the end the following:
            ``(12) University center.--The term `university center' 
        means an institution of higher education or a consortium of 
        institutions of higher education established as a University 
        Center for Economic Development under section 207(a)(2)(D).''.

SEC. 103. ESTABLISHMENT OF ECONOMIC DEVELOPMENT PARTNERSHIPS.

    Section 101 (42 U.S.C. 3131) is amended--
            (1) in subsection (b) by striking ``and multi-State 
        regional organizations'' and inserting ``multi-State regional 
        organizations, and nonprofit organizations''; and
            (2) in subsection (d)(1) by striking ``adjoining'' each 
        place it appears.

SEC. 104. COORDINATION.

    Section 103 (42 U.S.C. 3132) is amended--
            (1) by inserting ``(a) In General.--'' before ``The 
        Secretary'';
            (2) in subsection (a) (as so designated) by inserting 
        ``Indian tribes,'' after ``districts,''; and
            (3) by adding at the end the following:
    ``(b) Meetings.--To carry out the responsibilities in subsection 
(a), or for any other purpose related to economic development 
activities, the Secretary may convene meetings with Federal agencies, 
State and local governments, economic development districts, Indian 
tribes, and other appropriate planning and development 
organizations.''.

       TITLE II--GRANTS FOR PUBLIC WORKS AND ECONOMIC DEVELOPMENT

SEC. 201. GRANTS FOR PLANNING.

    Section 203(d) (42 U.S.C. 3143(d)) is amended--
            (1) in paragraph (1) by inserting ``, to the maximum extent 
        practicable,'' after ``developed'' the second place it appears;
            (2) by striking paragraph (3) and inserting the following:
            ``(3) Coordination.--Before providing assistance for a 
        State plan under this section, the Secretary shall consider the 
        extent to which the State will consider local and economic 
        development district plans.''; and
            (3) in paragraph (4)--
                    (A) by striking ``and'' at the end of subparagraph 
                (C);
                    (B) by redesignating subparagraph (D) as 
                subparagraph (E); and
                    (C) by adding after subparagraph (C) the following:
                    ``(D) assist in carrying out a State's workforce 
                investment strategy; and''.

SEC. 202. COST SHARING.

    (a) Federal Share.--Section 204(a) (42 U.S.C. 3144(a)) is amended 
to read as follows:
    ``(a) Federal Share.--The Secretary shall issue regulations to 
establish the Federal share of the cost of projects carried out under 
this title based on the relative needs of the areas in which the 
projects will be located. Except as provided in subsection (c), the 
Federal share of the cost of any project carried out under this title 
shall not exceed 80 percent.''.
    (b) Non-Federal Share.--Section 204(b) (42 U.S.C. 3144(b)) is 
amended by inserting ``assumptions of debt,'' after ``equipment,''.
    (c) Increase in Federal Share.--Section 204 (42 U.S.C. 3144) is 
amended by adding at the end the following:
    ``(c) Increase in Federal Share.--
            ``(1) Indian tribes.--In the case of a grant to an Indian 
        tribe for a project under this title, the Secretary may 
        increase the Federal share above the percentage specified in 
        subsection (a) up to 100 percent of the cost of the project.
            ``(2) Certain states, political subdivisions, and nonprofit 
        organizations.--In the case of a grant to a State, or a 
        political subdivision of a State, that the Secretary determines 
        has exhausted its effective taxing and borrowing capacity, or 
        in the case of a grant to a nonprofit organization that the 
        Secretary determines has exhausted its effective borrowing 
        capacity, the Secretary may increase the Federal share above 
        the percentage specified in subsection (a) up to 100 percent of 
        the cost of the project.''.
    (d) Planning Grants.--Section 204 (42 U.S.C. 3144) is further 
amended by adding at the end the following:
    ``(d) Planning Grants.--Notwithstanding subsection (a), the Federal 
share of the costs of planning activities under section 203 shall be at 
least 65 percent and not more than 80 percent.''.

SEC. 203. SUPPLEMENTARY GRANTS.

    (a) In General.--Section 205(b) (42 U.S.C. 3145(b)) is amended to 
read as follows:
    ``(b) Supplementary Grants.--Subject to subsection (c), in order to 
assist eligible recipients in taking advantage of designated Federal 
grant programs, on the application of an eligible recipient, the 
Secretary may make a supplementary grant for a project for which the 
recipient is eligible but for which the recipient cannot provide the 
required non-Federal share because of the recipient's economic 
situation.''.
    (b) Requirements Applicable to Supplementary Grants.--Section 
205(c) (42 U.S.C. 3145(c)) is amended--
            (1) by striking paragraphs (1) and (2) and inserting the 
        following:
            ``(1) Amount of supplementary grants.--The share of the 
        project cost supported by a supplementary grant under this 
        section may not exceed the applicable Federal share under 
        section 204.
            ``(2) Form of supplementary grants.--The Secretary shall 
        make supplementary grants by--
                    ``(A) the payment of funds made available under 
                this Act to the heads of the Federal agencies 
                responsible for carrying out the applicable Federal 
                programs; or
                    ``(B) the award of funds under this Act, which will 
                be combined with funds transferred from other Federal 
                agencies in projects administered by the Secretary.''; 
                and
            (2) by striking paragraph (4).

SEC. 204. REGULATIONS ON RELATIVE NEEDS AND ALLOCATIONS.

    Section 206 (42 U.S.C. 3146) is amended--
            (1) by striking ``and'' at the end of paragraph (1)(B);
            (2) by striking the period at the end of paragraph (2) and 
        inserting ``; and''; and
            (3) by adding at the end the following:
            ``(3) grants made under this title promote job creation and 
        will have a high probability of meeting or exceeding applicable 
        performance requirements established in connection with the 
        grants.''.

SEC. 205. GRANTS FOR TRAINING, RESEARCH, AND TECHNICAL ASSISTANCE.

    (a) In General.--Section 207(a)(2) (42 U.S.C. 3147(a)(2)) is 
amended--
            (1) by striking ``and'' at the end of subparagraph (F);
            (2) by redesignating subparagraph (G) as subparagraph (H); 
        and
            (3) by inserting after subparagraph (F) the following:
                    ``(G) studies that evaluate the effectiveness of 
                coordinating projects funded under this Act with 
                projects funded under other Acts; and''.
    (b) Cooperation Requirement.--Section 207(a) (42 U.S.C. 3147(a)) is 
amended by adding at the end the following:
            ``(4) Cooperation requirement.--In the case of a project 
        assisted under this section that is national or regional in 
        scope, the Secretary may waive the provision in section 
        3(4)(A)(vi) requiring a nonprofit organization or association 
        to act in cooperation with officials of a political subdivision 
        of a State.''.

SEC. 206. PREVENTION OF UNFAIR COMPETITION.

    Section 208 (42 U.S.C. 3148), and the item relating to section 208 
in the table of contents contained in section 1(b), are repealed.

SEC. 207. GRANTS FOR ECONOMIC ADJUSTMENT.

    (a) Direct Expenditure or Redistribution by Recipient.--Section 
209(d) (42 U.S.C. 3149(d)) is amended by striking ``an eligible 
recipient'' each place it appears and inserting ``a recipient''.
    (b) Special Provisions Relating to Revolving Loan Fund Grants.--
Section 209 (42 U.S.C. 3149) is amended by adding at the end the 
following:
    ``(e) Special Provisions Relating to Revolving Loan Fund Grants.--
            ``(1) In general.--The Secretary shall issue regulations to 
        maintain the proper operation and financial integrity of 
        revolving loan funds established by recipients with assistance 
        under this section.
            ``(2) Efficient administration.--The Secretary may--
                    ``(A) at the request of a grantee, amend and 
                consolidate grant agreements governing revolving loan 
funds to provide flexibility with respect to lending areas and borrower 
criteria;
                    ``(B) assign or transfer assets of a revolving loan 
                fund to a third party for the purpose of liquidation, 
                and a third party may retain assets of the fund to 
                defray costs related to liquidation; and
                    ``(C) take such actions as are appropriate to 
                enable revolving loan fund operators to sell or 
                securitize loans (except that the actions may not 
                include issuance of a Federal guaranty by the 
                Secretary).
            ``(3) Treatment of actions.--An action taken by the 
        Secretary under this subsection with respect to a revolving 
        loan fund shall not constitute a new obligation if all grant 
        funds associated with the original grant award have been 
        disbursed to the recipient.
            ``(4) Preservation of securities laws.--
                    ``(A) Not treated as exempted securities.--No 
                securities issued pursuant to paragraph (2)(C) shall be 
                treated as exempted securities for purposes of the 
                Securities Act of 1933 or the Securities Exchange Act 
                of 1934, unless exempted by rule or regulation of the 
                Securities and Exchange Commission.
                    ``(B) Preservation.--Except as provided in 
                subparagraph (A), no provision of this subsection or 
                any regulation issued by the Secretary under this 
                subsection shall supersede or otherwise affect the 
                application of the securities laws (as such term is 
                defined in section 2(a)(47) of the Securities Exchange 
                Act of 1934) or the rules, regulations, or orders of 
                the Securities and Exchange Commission or a self-
                regulatory organization thereunder.''.

SEC. 208. USE OF FUNDS IN PROJECTS CONSTRUCTED UNDER PROJECTED COST.

    Section 211 (42 U.S.C. 3151) is amended to read as follows:

``SEC. 211. USE OF FUNDS IN PROJECTS CONSTRUCTED UNDER PROJECTED COST.

    ``(a) In General.--In the case of a grant to a recipient for a 
construction project under section 201 or 209, if the Secretary 
determines, before closeout of the project, that the cost of the 
project, based on the designs and specifications that were the basis of 
the grant, has decreased because of decreases in costs, the Secretary 
may approve, without further appropriations action, the use of the 
excess funds (or a portion of the excess funds) by the recipient to 
increase the Federal share of the cost of a project under this title to 
the maximum percentage allowable under section 204 or to improve the 
project.
    ``(b) Other Uses of Excess Funds.--Any amount of excess funds 
remaining after application of subsection (a) may be used by the 
Secretary for providing assistance under this Act.
    ``(c) Transferred Funds.--In the case of excess funds described in 
subsection (a) in projects utilizing funds transferred from other 
Federal agencies pursuant to section 604, the Secretary shall--
            ``(1) utilize the funds in accordance with subsection (a), 
        with the approval of the originating agency; or
            ``(2) return the funds to the originating agency.''.

SEC. 209. SPECIAL IMPACT AREAS.

    (a) In General.--Title II (42 U.S.C. 3141 et seq.) is amended by 
adding at the end the following:

``SEC. 214. SPECIAL IMPACT AREAS.

    ``(a) In General.--On the application of an eligible recipient, the 
Secretary may determine that the recipient is unable to comply with the 
requirements of section 302 and designate the area represented by the 
recipient as a special impact area.
    ``(b) Waivers.--Subject to the requirements of this section, the 
Secretary may waive, in whole or in part, as appropriate, the 
requirements of section 302 with respect to a special impact area 
designated under subsection (a) if the Secretary determines that the 
waiver will carry out the purposes of the Act.
    ``(c) Notification Requirement.--At least 30 days before issuing a 
waiver under this section, the Secretary shall transmit to the 
Committee on Transportation and Infrastructure of the House of 
Representatives and the Committee on Environment and Public Works of 
the Senate a written notice of the waiver, including a justification 
for the waiver.''.
    (b) Conforming Amendment.--The table of contents contained in 
section 1(b) is amended by inserting after the item relating to section 
213 the following:

``Sec. 214. Special impact areas.''.

SEC. 210. PERFORMANCE AWARDS.

    (a) In General.--Title II (42 U.S.C. 3141 et seq.) is further 
amended by adding at the end the following:

``SEC. 215. PERFORMANCE AWARDS.

    ``(a) In General.--The Secretary may make a performance award in 
connection with a grant made, on or after the date of enactment of this 
section, to an eligible recipient for a project under section 201 or 
209.
    ``(b) Performance Measures.--
            ``(1) Regulations.--The Secretary shall issue regulations 
        to establish performance measures for making performance awards 
        under subsection (a).
            ``(2) Considerations.--In issuing regulations under 
        paragraph (1), the Secretary shall consider including 
        performance measures that assess the following factors:
                    ``(A) Whether the recipient meets or exceeds 
                scheduling goals.
                    ``(B) Whether the recipient meets or exceeds job 
                creation goals.
                    ``(C) Amounts of private sector capital investments 
                leveraged.
                    ``(D) Such other factors as the Secretary 
                determines appropriate.
    ``(c) Amount of Awards.--
            ``(1) In general.--The Secretary shall base the amount of a 
        performance award made under subsection (a) in connection with 
        a grant on the extent to which a recipient meets or exceeds 
        performance measures established in connection with the grant.
            ``(2) Maximum amount.--The amount of a performance award 
        may not exceed 10 percent of the amount of the grant.
    ``(d) Use of Awards.--A recipient of a performance award under 
subsection (a) may use the award for any eligible purpose under this 
Act, in accordance with section 602 and such regulations as the 
Secretary may prescribe.
    ``(e) Federal Share.--Notwithstanding section 204, the amounts of a 
performance award may be used for up to 100 percent of the cost of an 
eligible project or activity.
    ``(f) Treatment in Meeting Non-Federal Share Requirements.--For the 
purposes of meeting the non-Federal share requirements of this Act, or 
any other Act, the amounts of a performance award shall be treated as 
funds from a non-Federal source.
    ``(g) Terms and Conditions.-- In making performance awards under 
subsection (a), the Secretary shall establish such terms and conditions 
as the Secretary considers appropriate.
    ``(h) Funding.--The Secretary shall carry out this section using 
any amounts made available for economic development assistance 
programs.
    ``(i) Reporting Requirement.--The Secretary shall include 
information regarding performance awards made under this section in the 
annual report required under section 603.
    ``(j) Review by Comptroller General.--
            ``(1) Review.--The Comptroller General shall review the 
        implementation of this section in each fiscal year.
            ``(2) Annual report.--Not later than one year after the 
        date of enactment of this section, and annually thereafter, the 
        Comptroller General shall transmit to the Committee on 
        Transportation and Infrastructure of the House of 
        Representatives and the Committee on Environment and Public 
        Works of the Senate a report on the Comptroller's findings 
        under this subsection.''.
    (b) Conforming Amendment.--The table of contents contained in 
section 1(b) is amended by inserting after the item relating to section 
214 the following:

``Sec. 215. Performance awards.''.

SEC. 211. PLANNING PERFORMANCE AWARDS.

    (a) In General.--Title II (42 U.S.C. 3141 et seq.) is further 
amended by adding at the end the following:

``SEC. 216. PLANNING PERFORMANCE AWARDS.

    ``(a) In General.--The Secretary may make a planning performance 
award in connection with a grant made, on or after the date of 
enactment of this section, to an eligible recipient for a project under 
this title located in an economic development district.
    ``(b) Eligibility.--The Secretary may make a planning performance 
award to an eligible recipient under subsection (a) in connection with 
a grant for a project if the Secretary determines before closeout of 
the project that--
            ``(1) the recipient actively participated in the economic 
        development activities of the economic development district in 
        which the project is located;
            ``(2) the project is consistent with the comprehensive 
        economic development strategy of the district;
            ``(3) the recipient worked with Federal, State, and local 
        economic development entities throughout the development of the 
        project; and
            ``(4) the project was completed in accordance with the 
        comprehensive economic development strategy of the district.
    ``(c) Maximum Amount.--The amount of a planning performance award 
made under subsection (a) in connection with a grant may not exceed 5 
percent of the amount of the grant.
    ``(d) Use of Awards.--A recipient of a planning performance award 
under subsection (a) shall use the award to increase the Federal share 
of the cost of a project under this title.
    ``(e) Federal Share.--Notwithstanding section 204, the amounts of a 
planning performance award may be used for up to 100 percent of the 
cost of a project under this title.
    ``(f) Funding.--The Secretary shall carry out this section using 
any amounts made available for economic development assistance 
programs.''.
    (b) Conforming Amendment.--The table of contents contained in 
section 1(b) is amended by inserting after the item relating to section 
215 the following:

``Sec. 216. Planning performance awards.''.

SEC. 212. SUBGRANTS.

    (a) In General.--Title II (42 U.S.C. 3141 et seq.) is further 
amended by adding at the end the following:

``SEC. 217. SUBGRANTS.

    ``(a) In General.--Subject to subsection (b), a recipient of a 
grant under section 201, 203, or 207 may directly expend the grant 
funds or may redistribute the funds in the form of a subgrant to other 
eligible recipients to fund required components of the scope of work 
approved for the project.
    ``(b) Limitation.--A recipient may not redistribute grant funds 
received under section 201 or 203 to a for-profit entity.''.
    (b) Conforming Amendment.--The table of contents contained in 
section 1(b) is amended by inserting after the item relating to section 
216 the following:

``Sec. 217. Subgrants.''.

SEC. 213. BROWNFIELDS REDEVELOPMENT.

    (a) In General.--Title II (42 U.S.C. 3141 et seq.) is further 
amended by adding at the end the following:

``SEC. 218. BROWNFIELDS REDEVELOPMENT.

    ``(a) In General.--On the application of a qualified eligible 
recipient, the Secretary may make grants under sections 201, 203, 207, 
and 209 for projects to expand, redevelop, or reuse brownfield sites.
    ``(b) Limitations.--Projects carried out under this section shall 
be subject to the limitations of section 104(k)(4)(B) of the 
Comprehensive Environmental Response, Compensation, and Liability Act 
of 1980 (42 U.S.C. 9604(k)(4)(B)); except that recipients may use grant 
funds awarded under this section for the administrative costs of 
economic development activities.
    ``(c) Definitions.--In this section, the following definitions 
apply:
            ``(1) Brownfield site.--The term `brownfield site' has the 
        meaning given such term in section 101(39) of the Comprehensive 
        Environmental Response, Compensation, and Liability Act of 1980 
        (42 U.S.C. 9601(39)).
            ``(2) Qualified eligible recipient.--The term `qualified 
        eligible recipient' means an eligible recipient that meets the 
        definition of `eligible entity' in section 104(k)(1) of the 
        Comprehensive Environmental Response, Compensation, and 
        Liability Act of 1980 (42 U.S.C. 9604(k)(1)); except that for 
        any project undertaken under this section the term may include 
        a nonprofit organization acting in cooperation with officials 
        of a political subdivision of a State.''.
    (b) Conforming Amendment.--The table of contents contained in 
section 1(b) is amended by inserting after the item relating to section 
217 the following:

``Sec. 218. Brownfields redevelopment.''.

SEC. 214. BRIGHTFIELDS DEMONSTRATION PROGRAM.

    (a) In General.--Title II (42 U.S.C. 3141 et seq.) is further 
amended by adding at the end the following:

``SEC. 219. BRIGHTFIELDS DEMONSTRATION PROGRAM.

    ``(a) In General.--On the application of a qualified eligible 
recipient, the Secretary may make a grant for a project for the 
development of brightfield sites if the Secretary determines that the 
project will--
            ``(1) utilize solar energy technologies to develop 
        abandoned or contaminated sites for commercial use; and
            ``(2) improve the commercial and economic opportunities in 
        the area where the project is located.
    ``(b) Limitations.--Projects carried out under this section shall 
be subject to the limitations of section 104(k)(4)(B) of the 
Comprehensive Environmental Response, Compensation, and Liability Act 
of 1980 (42 U.S.C. 9604(k)(4)(B)); except that recipients may use grant 
funds awarded under this section for the administrative costs of 
economic development activities.
    ``(c) Definitions.--In this section, the following definitions 
apply:
            ``(1) Brightfield site.--The term `brightfield site' means 
        a brownfield site (as defined in section 217) that is 
        redeveloped through the incorporation of solar energy 
        technologies.
            ``(2) Qualified eligible recipient.--The term `qualified 
        eligible recipient' has the meaning given such term in section 
        217; except that for any project undertaken under this section 
        the term may include a nonprofit organization acting in 
        cooperation with officials of a political subdivision of a 
        State.
    ``(d) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section $5,000,000 for each of fiscal 
years 2004 through 2008. Such sums shall remain available until 
expended.''.
    (b) Conforming Amendment.--The table of contents contained in 
section 1(b) is amended by inserting after the item relating to section 
218 the following:

``Sec. 219. Brightfields demonstration program.''.

        TITLE III--COMPREHENSIVE ECONOMIC DEVELOPMENT STRATEGIES

SEC. 301. COMPREHENSIVE ECONOMIC DEVELOPMENT STRATEGIES.

    (a) In General.--Section 302(a)(3)(A) (42 U.S.C. 3162(a)(3)(A)) is 
amended by inserting ``maximizes effective development and use of the 
workforce consistent with any applicable State or local workforce 
investment strategy,'' after ``access,''.
    (b) Approval of Other Plan.--Section 302(c) (42 U.S.C. 3162(c)) is 
amended by adding at the end the following: ``To the maximum extent 
practicable, a plan submitted under this paragraph shall be consistent 
and coordinated with any existing comprehensive economic development 
strategy for the area.''.

                TITLE IV--ECONOMIC DEVELOPMENT DISTRICTS

SEC. 401. INCENTIVES.

    Section 403 (42 U.S.C. 3173), and the item relating to section 403 
in the table of contents contained in section 1(b), are repealed.

SEC. 402. PROVISION OF COMPREHENSIVE ECONOMIC DEVELOPMENT STRATEGIES TO 
              REGIONAL COMMISSIONS.

    (a) In General.--Section 404 (42 U.S.C. 3174) is amended to read as 
follows:

``SEC. 404. PROVISION OF COMPREHENSIVE ECONOMIC DEVELOPMENT STRATEGIES 
              TO REGIONAL COMMISSIONS.

    ``If any part of an economic development district is in a region 
covered by one or more of the Regional Commissions (as defined in 
section 3), the economic development district shall ensure that a copy 
of the comprehensive economic development strategy of the district is 
provided to the affected Regional Commission.''.
    (b) Conforming Amendment.--The table of contents contained in 
section 1(b) is amended by striking the item relating to section 404 
and inserting the following:

``Sec. 404. Provision of comprehensive economic development strategies 
                            to Regional Commissions.''.

                        TITLE V--ADMINISTRATION

SEC. 501. ECONOMIC DEVELOPMENT INFORMATION CLEARINGHOUSE.

    Section 502 (42 U.S.C. 3192) is amended--
            (1) by striking paragraph (1) and inserting the following:
            ``(1) maintain a central information clearinghouse on the 
        Internet with--
                    ``(A) information on economic development, economic 
                adjustment, disaster recovery, defense conversion, and 
                trade adjustment programs and activities of the Federal 
                Government;
                    ``(B) links to State economic development 
                organizations; and
                    ``(C) links to other appropriate economic 
                development resources;'';
            (2) by striking paragraph (2) and inserting the following:
            ``(2) assist potential and actual applicants for economic 
        development, economic adjustment, disaster recovery, defense 
        conversion, and trade adjustment assistance under Federal and 
        State laws in locating and applying for the assistance;'';
            (3) by striking the period at the end of paragraph (3) and 
        inserting ``; and''; and
            (4) by adding at the end the following:
            ``(4) obtain appropriate information from other Federal 
        agencies needed to carry out the duties under this Act.''.

SEC. 502. BUSINESSES DESIRING FEDERAL CONTRACTS.

    Section 505 (42 U.S.C. 3195), and the item relating to section 505 
in the table of contents contained in section 1(b), are repealed.

SEC. 503. PERFORMANCE EVALUATIONS OF GRANT RECIPIENTS.

    Section 506(c) (42 U.S.C. 3196(c)) is amended by striking ``after 
the effective date of the Economic Development Administration Reform 
Act of 1998''.

SEC. 504. CONFORMING AMENDMENTS.

    (a) Standards.--Section 602 (42 U.S.C. 3212) is amended--
            (1) in the first sentence by striking ``in accordance 
        with'' and all that follows before the period at the end and 
        inserting ``in accordance with subchapter IV of chapter 31 of 
        title 40, United States Code''; and
            (2) in the third sentence by striking ``section 2 of the 
        Act of June 13, 1934, as amended (40 U.S.C. 276c)'' and 
        inserting ``section 3145 of title 40, United States Code''.
    (b) Evaluation Criteria.--Section 506(d)(2) (42 U.S.C. 3196(d)(2)) 
is amended by inserting ``program performance,'' after ``applied 
research,''.

                        TITLE VI--MISCELLANEOUS

SEC. 601. RELATIONSHIP TO ASSISTANCE UNDER OTHER LAW.

    Section 609 (42 U.S.C. 3219) is amended--
            (1) by striking subsection (a); and
            (2) by striking ``(b) Assistance Under Other Acts.--''.

SEC. 602. SENSE OF CONGRESS REGARDING ECONOMIC DEVELOPMENT 
              REPRESENTATIVES.

    (a) Findings.--Congress finds the following:
            (1) Planning and coordination among Federal agencies, State 
        and local governments, Indian tribes, and economic development 
        districts is vital to the success of an economic development 
        program.
            (2) Economic Development Representatives of the Economic 
        Development Administration provide distressed communities with 
        the technical assistance necessary to foster this planning and 
        coordination.
            (3) In the past five years, the number of Economic 
        Development Representatives has declined by almost 25 percent.
    (b) Sense of Congress.--It is the sense of Congress that the 
Secretary should maintain a sufficient number of Economic Development 
Representatives to ensure that the Economic Development Administration 
is able to provide effective assistance to distressed communities and 
foster economic growth and development among the States.

                           TITLE VII--FUNDING

SEC. 701. AUTHORIZATION OF APPROPRIATIONS.

    Section 701 (42 U.S.C. 3231) is amended to read as follows:

``SEC. 701. GENERAL AUTHORIZATION OF APPROPRIATIONS.

    ``(a) Economic Development Assistance Programs.--There are 
authorized to be appropriated for economic development assistance 
programs to carry out this Act--
            ``(1) $400,000,000 for fiscal year 2004;
            ``(2) $425,000,000 for fiscal year 2005;
            ``(3) $450,000,000 for fiscal year 2006;
            ``(4) $475,000,000 for fiscal year 2007; and
            ``(5) $500,000,000 for fiscal year 2008.
Such sums shall remain available until expended.
    ``(b) Salaries and Expenses.--There are authorized to be 
appropriated for salaries and expenses of administering this Act 
$33,377,000 for fiscal year 2004 and such sums as may be necessary for 
each fiscal year thereafter. Such sums shall remain available until 
expended.''.

              TITLE VIII--APPALACHIAN REGIONAL DEVELOPMENT

SEC. 801. ADDITIONS TO APPALACHIAN REGION.

    (a) Kentucky.--Section 14102(a)(1)(C) of title 40, United States 
Code, is amended--
            (1) by inserting ``Nicholas,'' after ``Morgan,''; and
            (2) by inserting ``Robertson,'' after ``Pulaski,''.
    (b) Ohio.--Section 14102(a)(1)(H) of such title is amended--
            (1) by inserting ``Ashtabula,'' after ``Adams,'';
            (2) by inserting ``Fayette,'' after ``Coshocton,'';
            (3) by inserting ``Mahoning,'' after ``Lawrence,''; and
            (4) by inserting ``Trumbull,'' after ``Scioto,''.
    (c) Tennessee.--Section 14102(a)(1)(K) of such title is amended--
            (1) by inserting ``Giles,'' after ``Franklin,''; and
            (2) by inserting ``Lawrence, Lewis, Lincoln,'' after 
        ``Knox,''.
    (d) Virginia.--Section 14102(a)(1)(L) of such title is amended--
            (1) by inserting ``Henry,'' after ``Grayson,''; and
            (2) by inserting ``Patrick,'' after ``Montgomery,''.

SEC. 802. AUTHORIZATION OF APPROPRIATIONS.

    Section 14703(a) of title 40, United States Code, is amended by 
striking paragraphs (1) through (3) and inserting the following:
            ``(1) $88,000,000 for each of fiscal years 2002 and 2003.
            ``(2) $91,000,000 for fiscal year 2004.
            ``(3) $93,000,000 for fiscal year 2005.
            ``(4) $95,000,000 for fiscal year 2006.''.

            Passed the House of Representatives October 21, 2003.

            Attest:

                                                                 Clerk.
108th CONGRESS

  1st Session

                               H. R. 2535

_______________________________________________________________________

                                 AN ACT

 To reauthorize and improve the program authorized by the Public Works 
                 and Economic Development Act of 1965.