[Congressional Record Volume 150, Number 125 (Wednesday, October 6, 2004)]
[Senate]
[Pages S10504-S10512]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
ECONOMIC DEVELOPMENT ADMINISTRATION REAUTHORIZATION ACT OF 2004
Ms. COLLINS. Madam President, I ask unanimous consent that the Senate
proceed to the immediate consideration of Calendar No. 754, S. 1134.
The PRESIDING OFFICER. The clerk will report the bill by title.
The assistant legislative clerk read as follows:
A bill (S. 1134) to reauthorize and improve the program
authorized by the Public Works and Economic Development Act
of 1965.
There being no objection, the Senate proceeded to consider the bill,
which had been reported from the Committee on Environment and Public
Works with an amendment to strike all after the enacting clause and
insert in lieu thereof the following:
(Strike the part shown in black brackets and insert the part shown in
italic.)
S. 1134
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
[SECTION 1. SHORT TITLE.
[Short Title.--This Act may be cited as the ``Economic
Development Administration Reauthorization Act of 2003''.
[SEC. 2. FINDINGS AND DECLARATIONS.
[Section 2 of the Public Works and Economic Development Act
of 1965, as amended (``PWEDA'') (42 U.S.C. 3121), is revised
to read as follows:
[``SEC. 2. FINDINGS AND DECLARATIONS.
[``(a) Findings.--Congress finds that--
[``(1) while the fundamentals for growth in the American
economy remain strong, there continue to be areas
experiencing chronic high unemployment, underemployment, low
per capita incomes, and outmigration 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) sustained economic growth in our Nation, States,
cities and rural areas is produced by expanding free
enterprise through trade and enhanced competitiveness of
regions;
[``(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 local and regional communities to develop a more
competitive and diversified economic base by:
[``(A) promoting job creation through increased innovation,
productivity, and entrepreneurship; and
[``(B) empowering local and regional communities
experiencing chronic high unemployment and low per capita
income to attract substantially 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 wasteful 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, common measures of success, and simplified and
consistent requirements; and
[``(6) Federal economic development efforts will be more
effective if they are coordinated with, and build upon, the
trade, workforce investment, and technology programs of the
United States.
[``(b) Declarations.--Congress declares that, in order to
promote a strong and growing economy throughout the United
States:
[``(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, Indian tribes, the States, and the
Federal Government to increase their capacity to develop and
implement comprehensive economic development strategies to
enhance regional competitiveness in the global economy and
support long-term development of regional economies; and
[``(3) whether suffering from long-term distress or a
sudden dislocation, distressed communities should be
encouraged to focus on strengthening entrepreneurship and
competitiveness, and to take advantage of the development
opportunities afforded by technological innovation and
expanding and newly opened global markets.''.
[SEC. 3. DEFINITIONS.
[Section 3 of PWEDA (42 U.S.C. 3122) is amended as follows:
[(1) Subparagraph (4)(A) of this section is amended by
striking subparagraph (i) and redesignating successive
subparagraphs (ii) through (vii) as (i) through (vi) and
revising subparagraph (iv) as re-designated to read as
follows:
[``(iv) a city or other political subdivision of a State,
including a special purpose unit of State or local
government, or a consortium of political subdivisions;''.
[(2) Subparagraph 4(B) is amended by adding at the end
thereof a new sentence:
[``The requirement under subparagraph (A)(vi) that the
nonprofit organization or association is `acting in
cooperation with officials of a political subdivision of a
State' does not apply in the case of research, training and
technical assistance grants under section 207 that are
national or regional in scope.''.
[(3) Paragraphs (8), (9) and (10) are amended by re-
designating them as paragraphs (9), (10), and (11) and a new
paragraph (8) is added as follows:
[``(8) Regional commissions.--The term `Regional
Commissions' as used in section 403 of this Act refers to the
regional economic development authorities: the Delta Regional
Authority (Public Law No. 106-554, sec. 1(a)(4) [div. B,
title VI], 114 Stat. 2763A-268) (7 U.S.C. 2009aa et seq.),
the Denali Commission (Public Law No. 105-277, div. C, title
III, 112 Stat. 2681-637) (42 U.S.C. 3121 note), and the
Northern Great Plains Regional Authority (Public Law No. 107-
171, 116 Stat. 375) (7 U.S.C. 2009bb et seq.).''.
[(4) A new paragraph (12) is added at the end to read as
follows:
[``(12) University center.--The term `university center'
refers to a University Center for Economic Development
established pursuant to the authority of section 207(a)(2)(D)
of this Act.''.
[SEC. 4. WORKING WITH NONPROFIT ORGANIZATIONS IN
ESTABLISHMENT OF ECONOMIC DEVELOPMENT
PARTNERSHIPS.
[Section 101 of PWEDA (42 U.S.C. 3131) is amended as
follows:
[(1) In subsection (b) strike ``and multi-State regional
organizations'' and insert in lieu thereof ``multi-State
regional organizations, and nonprofit organizations''.
[(2) In subsection (d), strike ``adjoining'' each time it
occurs.
[SEC. 5. SUB-GRANTS IN CONNECTION WITH PUBLIC WORKS PROJECTS.
[Section 201 of PWEDA (42 U.S.C. 3141) is amended by adding
a new subsection (d) as follows:
[``(d) Sub-Grants.--
[``(1) Subject to paragraph (2), a recipient of a grant
under this section may directly expend the grant funds or may
redistribute the funds in the form of a sub-grant to other
recipients eligible to receive assistance under this section
to fund required components of the scope of work approved for
the project.
[``(2) Under paragraph (1), a recipient may not
redistribute grant funds to a for-profit entity.''.
[SEC. 6. CLARIFICATION OF GRANTS FOR STATE PLANNING.
[Section 203 of PWEDA (42 U.S.C. 3143) is amended as
follows:
[(1) Revise paragraph (1) of subsection (d) to read as
follows:
[``(1) Development.--Any State plan developed with
assistance under this section shall, to the maximum extent
practicable, take into consideration regional economic
development strategies.'';
[(2) Strike paragraph (3) of subsection (d) in its entirety
and re-designate paragraphs (4) and (5) as (3) and (4);
[(3) Revise re-designated paragraph (3) of subsection (d)
by striking ``and'' at the end of subparagraph (C) and re-
designating current subparagraph (D) as (E) and adding a new
subparagraph (D) to read as follows:
[``(D) assist in carrying out state's workforce investment
strategy (as outlined in the State plan required under
section 112 of the Workforce Investment Act of 1998 (29
U.S.C. 2822)); and'';
[(4) Add a new subsection (e) at the end thereof as
follows:
[``(e) Sub-Grants.--
[``(1) Subject to paragraph (2), a recipient of a grant
under this section may directly expend the grant funds or may
redistribute the funds in the form of a sub-grant to other
recipients eligible to receive assistance under this section
to fund required components of the scope of work approved for
the project.
[``(2) Under paragraph (1), a recipient may not
redistribute grant funds to a for-profit entity.''.
[[Page S10505]]
[SEC. 7. SIMPLIFICATION OF DETERMINATION OF GRANT RATES.
[Sections 204 and 205 of PWEDA (42 U.S.C. 3144, 3145) are
amended to read as follows:
[``SEC. 204. COST SHARING.
[``(a) Federal Share.--The Secretary shall issue
regulations to establish the applicable grant rates for
projects based on the relative needs of the areas in which
the projects are located. Except as provided in subsection
(c) below, the amount of a grant for a project under this
title may not exceed 80 percent of the cost of the project.
[``(b) Non-Federal Share.--In determining the amount of the
non-Federal share of the cost of a project, the Secretary may
provide credit toward the non-Federal share for all
contributions both in cash and in-kind, fairly evaluated,
including contributions of space, equipment, and services,
and assumptions of debt.
[``(c) Increase in Federal Share.--
[``(1) Indian tribes.--In the case of a grant to an Indian
tribe, 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.
[``SEC. 205. GRANTS SUPPLEMENTING OTHER AGENCY GRANTS (42
U.S.C. 3145).
[``(a) Definition of Designated Federal Grant Program.--In
this section, the term `designated Federal grant program'
means any Federal grant program that--
[``(1) provides assistance in the construction or equipping
of public works, public service, or development facilities;
[``(2) is designated as eligible for an allocation of funds
under this section by the Secretary; and
[``(3) assists projects that are--
[``(A) eligible for assistance under this title; and
[``(B) consistent with a comprehensive economic development
strategy.
[``(b) Supplementary Grants.--Subject to subsection (c)
below, in order to assist eligible recipients to take
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 eligible
recipient is eligible but, because of the recipient's
economic situation, for which the eligible recipient cannot
provide the required non-Federal share.
[``(c) Requirements Applicable to Supplementary Grants.--
[``(1) Amount of supplementary grants.--The share of the
project cost supported by a supplementary grant under this
section may not exceed the applicable grant rate 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.
[``(3) Federal share limitations specified in other laws.--
Notwithstanding any requirement as to the amount or source of
non-Federal funds that may be applicable to a Federal
program, funds provided under this section may be used to
increase the Federal share for specific projects under the
program that are carried out in areas described in section
301(a) above the Federal share of the cost of the project
authorized by the law governing the program.''.
[SEC. 8. REGULATIONS ON ALLOCATIONS TO ENSURE JOB CREATION
POTENTIAL.
[Subsection 206 of PWEDA (42 U.S.C. 3146) is amended by
striking ``and'' at the end of subparagraph (1)(C), inserting
``and'' at the end of paragraph (2), and adding a new
paragraph (3) at the end thereof to read as follows:
[``(3) allocations of assistance under this title promote
job creation through increased innovation, productivity, and
entrepreneurship, and financial assistance extended pursuant
to such allocations will have a high probability of meeting
or exceeding applicable performance requirements established
in connection with extension of the assistance.''.
[SEC. 9. INCREASED FLEXIBILITY IN GRANTS FOR TRAINING,
RESEARCH, AND TECHNICAL ASSISTANCE.
[(a) Section 207 of PWEDA (42 U.S.C. 3147) is amended by
striking ``and'' at the end of subparagraph (2)(F) of
subsection (a), re-designating current subparagraph (G) as
(H), and adding a new subparagraph (G) to read as follows:
[``(G) studies that evaluate the effectiveness of
collaborations between projects funded under this Act with
projects funded under the Workforce Investment Act of 1998
(29 U.S.C. 2801 et seq.); and''.
[(b) Section 207 is further amended by adding a new
subsection (c) to read as follows:
[``(c) Sub-Grants.--A recipient of a grant under this
section may directly expend the grant funds or may
redistribute the funds in the form of a sub-grant to other
recipients eligible to receive assistance under this section
to fund required components of the scope of work approved for
the project.''.
[SEC. 10. REMOVAL OF SECTION.
[Section 208 of PWEDA (42 U.S.C. 3148) is stricken in its
entirety and insert in lieu thereof:
[``SEC. 208. [REPEALED].''.
[SEC. 11. IMPROVEMENTS IN ADMINISTRATION GRANTS FOR ECONOMIC
ADJUSTMENT INVOLVING REVOLVING LOAN FUND
PROJECTS.
[(a) Subsection (d) of section 209 of PWEDA (42 U.S.C.
3149) is amended by striking ``an eligible'' in each case it
occurs in paragraphs (1) and (2) and inserting in lieu
thereof ``a recipient''.
[(b) Section 209 of PWEDA (42 U.S.C. 3149) is amended by
adding a new subsection (e) at the end thereof as follows:
[``(e) Special Provisions Relating to Revolving Loan Fund
Grants.--The Secretary shall promulgate regulations to ensure
the proper operation and financial integrity of revolving
loan funds established by recipients with assistance under
this section.
[``(1) Efficient administration.--In order to improve the
ability to manage and administer the Federal interest in
revolving loan funds and in accordance with regulations
issued for such purposes, the Secretary may amend and
consolidate grant agreements governing revolving loan funds
to provide flexibility with respect to lending areas and
borrower criteria. In addition, the Secretary may 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.
The Secretary may also take such other actions with respect
to management and administration as the Secretary determines
to be appropriate to carry out the purposes of this Act,
including actions to enable revolving loan funds operators to
sell or securitize loans to the secondary market (except that
such actions may not include issuance of a Federal guaranty
by the Secretary).
[``(2) Release of federal interests.--The Secretary may
release, in whole or in part, any property interest in
connection with a revolving loan fund grant after the date
that is 20 years after the date on which the grant was
awarded, provided that the recipient--
[``(A) is in compliance with the terms of its grant and
operating the fund at an acceptable level of performance as
determined by the Secretary; and
[``(B) reimburses the government prior to the release for
the amount of the Secretary's investment in the fund or the
pro-rata share of the fund at the time of the release,
whichever is less.
Any action taken by the Secretary pursuant to this subsection
with respect to a revolving loan fund shall not constitute a
new obligation provided that all grant funds associated with
the original grant award have been disbursed to the
recipient.''.
[SEC. 12. USE OF FUNDS IN PROJECTS CONSTRUCTED UNDER
PROJECTED COST.
[Section 211 of PWEDA (42 U.S.C. 3151) is amended to read
as follows:
[``SEC. 211. USE OF FUNDS IN PROJECTS CONSTRUCTED UNDER
PROJECTED COST.
[``In any case in which the Secretary has made a grant for
a construction project under sections 201 or 209 of this
title, and before closeout of the project, the Secretary
determines 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--
[``(1) without further appropriations action, the Secretary
may approve the use of the excess funds or a portion of the
funds to improve the project; and
[``(2) any amount of excess funds remaining after
application of paragraph (1) may be used for other
investments authorized for support under this Act.
In addition to paragraphs (1) and (2) of this section, in the
event of construction underruns in projects utilizing funds
transferred from other Federal agencies pursuant to section
604 of this Act, the Secretary may utilize these funds in
conjunction with paragraphs (1) or (2) with the approval of
the originating agency or will return the funds to the
originating agency.''.
[SEC. 13. SPECIAL IMPACT AREAS.
[Title II of PWEDA is further amended by adding a new
section 214 as follows:
[``SEC. 214. SPECIAL IMPACT AREAS.
[``Special Impact Areas.--The Secretary is authorized to
make grants, enter into contracts and provide technical
assistance for projects and programs that the Secretary finds
will fulfill a pressing need of the area and be useful in
alleviating or preventing conditions of excessive
unemployment or underemployment or assist in providing useful
employment opportunities for the unemployed or underemployed
residents in the area. In extending assistance under this
section, the Secretary may waive, in whole or in part, as
appropriate, the provisions of section 302 of this Act
provided that the Secretary determines that such assistance
will carry out the purposes of the Act.''.
[SEC. 14. PERFORMANCE INCENTIVES.
[Title II of PWEDA is further amended by adding a new
section 215 as follows:
[``SEC. 215. PERFORMANCE INCENTIVES.
[``(a) In accordance with regulations issued for such
purposes, the Secretary may award
[[Page S10506]]
transferable performance credits in an amount that does not
exceed 10 percent of the grant amount awarded under sections
201 or 209 of this Act on or after the effective date of this
amendment. The Secretary shall base such performance
incentives on the extent to which a recipient meets or
exceeds performance requirements established in connection
with extension of the assistance.
[``(b) A recipient awarded a transferable performance
credit under this section may redeem the credit to increase
the Federal share of a subsequent grant funded under sections
201 and 209 of this Act above the maximum Federal share
allowable under section 204 up to 80 percent of the project
cost. A performance credit must be redeemed within 5 years of
its issue date.
[``(c) An original recipient may also sell or transfer the
credit in its entirety to another eligible recipient for use
in connection with a grant approved by the Secretary under
this Act without reimbursement to the Secretary for
redemption in accordance with subsection (b) above.
[``(d) The Secretary shall attach such terms and conditions
or limitations as the Secretary deems appropriate in issuing
a performance credit. Performance credits shall be paid out
of appropriations for economic development assistance
programs made available in the year of redemption to the
extent of availability.
[``(e) The Secretary shall include information regarding
issuance of performance credits in the annual report under
section 603 of this Act.''.
[SEC. 15. COMPREHENSIVE ECONOMIC DEVELOPMENT STRATEGIES.
[Subparagraph (a)(3)(A) of section 302 of PWEDA (42 U.S.C.
3162) is amended by adding ``maximizes effective development
and use of the workforce (consistent with any applicable
state and local workforce investment strategy under the
Workforce Investment Act of 1998 (29 U.S.C. 2801 et seq.),''
between ``access,'' and ``enhances''.
[SEC. 16. DESIGNATION OF ECONOMIC DEVELOPMENT DISTRICTS.
[Subparagraph (a)(3)(B) of section 401 of PWEDA (42 U.S.C.
3171) is amended by striking ``by each affected State and''.
[SEC. 17. DISTRICT INCENTIVES.
[Section 403 of PWEDA (42 U.S.C. 3173) is amended by
striking it in its entirety and redesignating sections 404
and 405 as sections 403 and 404. Section 403 as re-designated
is amended by adding at the end the following new sentence:
``If any part of an economic development district is in a
region covered by one or more other Regional Commissions as
defined in section 3(8) of this Act, 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.''.
[SEC. 18. ECONOMIC DEVELOPMENT INFORMATION CLEARINGHOUSE.
[Section 502 of PWEDA (42 U.S.C. 3192) is amended to read
as follows:
[``SEC 502. ECONOMIC DEVELOPMENT INFORMATION CLEARINGHOUSE
[``In carrying out this Act, the Secretary shall--
[``(1) maintain a central information clearinghouse on the
Internet with information on economic development, economic
adjustment, disaster recovery, defense conversion, and trade
adjustment programs and activities of the Federal Government,
links to State economic development organizations, and links
to other appropriate economic development resources;
[``(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) assist areas described in section 301(a) and other
areas by providing to interested persons, communities,
industries, and businesses in the areas any technical
information, market research, or other forms of assistance,
information, or advice that would be useful in alleviating or
preventing conditions of excessive unemployment or
underemployment in the areas; and
[``(4) obtain appropriate information from other Federal
agencies needed to carry out the duties under this Act.''.
[SEC. 19. REMOVAL OF UNUSED AUTHORITY.
[Section 505 of PWEDA (42 U.S.C. 3195) is amended by
striking it in its entirety and sections 506 and 507 are re-
designated as sections 505 and 506.
[SEC. 20. PERFORMANCE EVALUATIONS OF GRANT RECIPIENTS.
[Section 505 of PWEDA (42 U.S.C. 3196) as re-designated is
amended as follows:
[(1) In subsection (c), strike ``after the effective date
of the Economic Development Administration Reform Act of
1998''.
[(2) In paragraph (d)(2), strike ``and'' before
``disseminating results'' and insert ``, and measuring the
outcome-based results of the university centers' activities''
before the period at the end thereof.
[(3) In paragraph (d)(3) of section 506, insert before the
period at the end thereof ``as evidenced by outcome-based
results, including the number of jobs created or retained,
and amount of private-sector funds leveraged''.
[(4) In subsection (e) of section 506, strike ``university
center or'' each occasion it occurs.
[SEC. 21. CITATION CORRECTIONS.
[Section 602 PWEDA (42 U.S.C. 3212) is amended by striking
the citations to ``40 U.S.C. 276A--276A-5'' and ``section
276c'' and inserting in lieu thereof, ``40 U.S.C. 3141 et
seq.'' and ``section 3154'', respectively.
[SEC. 22. DELETION OF UNNECESSARY PROVISION.
[Section 609 of PWEDA (42 U.S.C. 3219) is amended by
striking subsection (a) in its entirety and striking the
subsection designation ``(b)''.
[SEC. 23. GENERAL AUTHORIZATION OF APPROPRIATIONS.
[Section 701 of PWEDA (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 $331,027,000 for
fiscal year 2004, and such sums as may be necessary for
fiscal years 2005, 2006, 2007, and 2008, to 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 of the fiscal years from 2005 through
2008, to remain available until expended.''.]
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Economic
Development Administration Reauthorization Act of 2004''.
(b) Table of Contents.--The table of contents for this Act
is as follows:
Sec. 1. Short title; table of contents.
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. Direct expenditure or redistribution by recipient.
Sec. 213. Brownfields redevelopment.
TITLE III--COMPREHENSIVE ECONOMIC DEVELOPMENT STRATEGIES
Sec. 301. Eligibility of areas.
Sec. 302. 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. Annual report to Congress.
Sec. 602. Relationship to assistance under other law.
Sec. 603. Sense of Congress regarding Economic Development
Representatives.
TITLE VII--FUNDING
Sec. 701. Authorization of appropriations.
Sec. 702. Funding for grants for planning and grants for administrative
expenses.
TITLE I--GENERAL PROVISIONS
SEC. 101. FINDINGS AND DECLARATIONS.
Section 2 of the Public Works and Economic Development Act
of 1965 (42 U.S.C. 3121) is amended to read as follows:
``SEC. 2. FINDINGS AND DECLARATIONS.
``(a) Findings.--Congress finds that--
``(1) there continue to be areas of the United States
experiencing chronic high unemployment, underemployment,
outmigration, and low per capita incomes, as well as areas
facing sudden and severe economic dislocations because of
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 the States, cities, and rural
areas of the United States 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
[[Page S10507]]
``(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 State, regional, tribal, and local
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; and
``(6) Federal economic development efforts will be more
effective if the efforts 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 that--
``(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 the capacity of the local
communities to develop and implement comprehensive economic
development strategies to alleviate economic distress and
enhance competitiveness in the global economy; and
``(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) of the Public
Works and Economic Development Act of 1965 (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 redesignated by paragraph (1)) 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; University Center.--Section 3 of
the Public Works and Economic Development Act of 1965 (42
U.S.C. 3122) is amended--
(1) by redesignating paragraphs (8), (9), and (10) as
paragraphs (9), (10), and (11), respectively;
(2) by inserting after paragraph (7) the following:
``(8) Regional commissions.--The term `Regional
Commissions' means--
``(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. 3121 note; 112 Stat. 2681-
637 et seq.); and
``(D) the Northern Great Plains Regional Authority
established under subtitle G of the Consolidated Farm and
Rural Development Act (7 U.S.C. 2009bb et seq.).''; and
(3) 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 of the Public Works and Economic Development
Act of 1965 (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 of the Public Works and Economic Development
Act of 1965 (42 U.S.C. 3132) is amended--
(1) by inserting ``(a) In General.--'' before ``The
Secretary'';
(2) in subsection (a) (as designated by paragraph (1)), by
inserting ``Indian tribes,'' after ``districts,''; and
(3) by adding at the end the following:
``(b) Meetings.--To carry out subsection (a), or for any
other purpose relating 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) of the Public Works and Economic Development
Act of 1965 (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 (F);
and
(C) by adding after subparagraph (C) the following:
``(D) assist in carrying out the workforce investment
strategy of a State;
``(E) promote the use of technology in economic
development, including access to high-speed
telecommunications; and''.
SEC. 202. COST SHARING.
(a) Federal Share.--Section 204 of the Public Works and
Economic Development Act of 1965 (42 U.S.C. 3144) is amended
by striking subsection (a) and inserting the following:
``(a) Federal Share.--Except as provided in subsection (c),
the Federal share of the cost of any project carried out
under this title shall not exceed--
``(1) 50 percent; plus
``(2) an additional percent that--
``(A) shall not exceed 30 percent; and
``(B) is based on the relative needs of the area in which
the project will be located, as determined in accordance with
regulations promulgated by the Secretary.''.
(b) Non-Federal Share.--Section 204(b) of the Public Works
and Economic Development Act of 1965 (42 U.S.C. 3144(b)) is
amended by inserting ``assumptions of debt,'' after
``equipment,''.
(c) Increase in Federal Share.--Section 204 of the Public
Works and Economic Development Act of 1965 (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 the effective taxing and borrowing
capacity of the State or political subdivision, or in the
case of a grant to a nonprofit organization that the
Secretary determines has exhausted the effective borrowing
capacity of the nonprofit organization, the Secretary may
increase the Federal share above the percentage specified in
subsection (a) up to 100 percent of the cost of the project.
``(3) Training, research, and technical assistance.--In the
case of a grant provided under section 207, the Secretary may
increase the Federal share above the percentage specified in
subsection (a) up to 100 percent of the cost of the project
if the Secretary determines that the project funded by the
grant merits, and is not feasible without, such an
increase.''.
SEC. 203. SUPPLEMENTARY GRANTS.
(a) In General.--Section 205 of the Public Works and
Economic Development Act of 1965 (42 U.S.C. 3145) is amended
by striking subsection (b) and inserting the following:
``(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 economic situation of the
recipient.''.
(b) Requirements Applicable to Supplementary Grants.--
Section 205(c) of the Public Works and Economic Development
Act of 1965 (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 provision 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 of the Public Works and Economic Development
Act of 1965 (42 U.S.C. 3146) is amended--
(1) in paragraph (1)(C), by striking ``and'' at the end;
(2) in paragraph (2), by striking the period at the end and
inserting a semicolon; and
(3) by adding at the end the following:
``(3)(A) rural and urban economically distressed areas are
not harmed by the establishment or implementation by the
Secretary of a private sector leveraging goal for a project
under this title;
``(B) any private sector leveraging goal established by the
Secretary does not prohibit or discourage grant applicants
under this title from public works in, or economic
development of, rural or urban economically distressed areas;
and
``(C) the relevant Committees of Congress are notified
prior to making any changes to any private sector leveraging
goal; and
``(4) grants made under this title promote job creation and
will have a high probability of assisting the recipient in
meeting or exceeding applicable performance requirements
established in connection with the grants.''.
[[Page S10508]]
SEC. 205. GRANTS FOR TRAINING, RESEARCH, AND TECHNICAL
ASSISTANCE.
(a) In General.--Section 207(a)(2) of the Public Works and
Economic Development Act of 1965 (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 (I);
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;
``(H) assessment, marketing, and establishment of business
clusters; and''.
(b) Cooperation Requirement.--Section 207(a) of the Public
Works and Economic Development Act of 1965 (42 U.S.C.
3147(a)) is amended by striking paragraph (3) and inserting
the following:
``(3) 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.
(a) In General.--Section 208 of the Public Works and
Economic Development Act of 1965 (42 U.S.C. 3148) is
repealed.
(b) Conforming Amendment.--The table of contents in section
1(b) of the Public Works and Economic Development Act of 1965
(42 U.S.C. 3121 note) is amended by striking the item
relating to section 208.
SEC. 207. GRANTS FOR ECONOMIC ADJUSTMENT.
(a) Assistance to Manufacturing Communities.--Section
209(c) of the Public Works and Economic Development Act of
1965 (42 U.S.C. 3149(c)) is amended--
(1) in paragraph (3), by striking ``or'';
(2) in paragraph (4), by striking the period at the end and
inserting ``; or''; and
(3) by adding at the end the following:
``(5) the loss of manufacturing jobs, for reinvesting in
and diversifying the economies of the communities.''.
(b) Direct Expenditure or Redistribution by Recipient;
Special Provisions Relating to Revolving Loan Fund Grants.--
Section 209 of the Public Works and Economic Development Act
of 1965 (42 U.S.C. 3149) is amended by striking subsection
(d) and inserting the following:
``(d) Special Provisions Relating to Revolving Loan Fund
Grants.--
``(1) In general.--The Secretary shall promulgate
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
third party for the purpose of liquidation, and the 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 (15 U.S.C. 77a et seq.) or the Securities Exchange Act
of 1934 (15 U.S.C. 78a et seq.), 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
promulgated by the Secretary under this subsection supersedes
or otherwise affects the application of the securities laws
(as the term is defined in section 3(a) of the Securities
Exchange Act of 1934 (15 U.S.C. 78c(a))) or the rules,
regulations, or orders of the Securities and Exchange
Commission or a self-regulatory organization under that
Commission.''.
SEC. 208. USE OF FUNDS IN PROJECTS CONSTRUCTED UNDER
PROJECTED COST.
Section 211 of the Public Works and Economic Development
Act of 1965 (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 appropriation, the use of the excess
funds (or a portion of the excess funds) by the recipient--
``(1) to increase the Federal share of the cost of a
project under this title to the maximum percentage allowable
under section 204; or
``(2) 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 using funds
transferred from other Federal agencies pursuant to section
604, the Secretary shall--
``(1) use the funds in accordance with subsection (a), with
the approval of the originating agency; or
``(2) return the funds to the originating agency.
``(d) Review by Comptroller General.--
``(1) Review.--The Comptroller General of the United States
shall review the implementation of this section for each
fiscal year.
``(2) Annual report.--Not later than 1 year after the date
of enactment of this section, and annually thereafter, the
Comptroller General shall submit to the Committee on
Environment and Public Works of the Senate and the Committee
on Transportation and Infrastructure of the House of
Representatives a report on the findings of the
Comptroller General under this subsection.''.
SEC. 209. SPECIAL IMPACT AREAS.
(a) In General.--Title II of the Public Works and Economic
Development Act of 1965 (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 that is determined by the Secretary to be unable to
comply with the requirements of section 302, the Secretary
may waive, in whole or in part, the requirements of section
302 and designate the area represented by the recipient as a
special impact area.
``(b) Conditions.--The Secretary may make a designation
under subsection (a) only after determining that--
``(1) the project will fulfill a pressing need of the area;
and
``(2) the project will--
``(A) be useful in alleviating or preventing conditions of
excessive unemployment or underemployment; or
``(B) assist in providing useful employment opportunities
for the unemployed or underemployed residents in the area.
``(c) Notification.--At the time of the designation under
subsection (a), the Secretary shall submit to the Committee
on Environment and Public Works of the Senate and the
Committee on Transportation and Infrastructure of the House
of Representatives a written notice of the designation,
including a justification for the designation.''.
(b) Conforming Amendment.--The table of contents contained
in section 1(b) of the Public Works and Economic Development
Act of 1965 (42 U.S.C. 3121 note) 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 of the Public Works and Economic
Development Act of 1965 (42 U.S.C. 3141 et seq.) (as amended
by section 209) is 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 promulgate
regulations to establish performance measures for making
performance awards under subsection (a).
``(2) Considerations.--In promulgating regulations under
paragraph (1), the Secretary shall consider the inclusion of
performance measures that assess--
``(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; and
``(D) such other factors as the Secretary determines to be
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 promulgate.
``(e) Federal Share.--Notwithstanding section 204, the
funds of a performance award may be used to pay 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 under this, or any other, Act the funds 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 to be
appropriate.
``(h) Funding.--The Secretary shall use any amounts made
available for economic development assistance programs to
carry out this section.
``(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 for each fiscal year.
[[Page S10509]]
``(2) Annual report.--Not later than 1 year after the date
of enactment of this section, and annually thereafter, the
Comptroller General shall submit to the Committee on
Environment and Public Works of the Senate and the Committee
on Transportation and Infrastructure of the House of
Representatives a report on the findings of the Comptroller
under this subsection.''.
(b) Conforming Amendment.--The table of contents contained
in section 1(b) of the Public Works and Economic Development
Act of 1965 (42 U.S.C. 3121 note) 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 of the Public Works and Economic
Development Act of 1965 (42 U.S.C. 3141 et seq.) (as amended
by section 210) is 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
funds of a planning performance award may be used to pay up
to 100 percent of the cost of a project under this title.
``(f) Funding.--The Secretary shall use any amounts made
available for economic development assistance programs to
carry out this section.''.
(b) Conforming Amendment.--The table of contents contained
in section 1(b) of the Public Works and Economic Development
Act of 1965 (42 U.S.C. 3121 note) is amended by inserting
after the item relating to section 215 the following:
``Sec. 216. Planning performance awards.''.
SEC. 212. DIRECT EXPENDITURE OR REDISTRIBUTION BY RECIPIENT.
(a) In General.--Title II of the Public Works and Economic
Development Act of 1965 (42 U.S.C. 3141 et seq.) (as amended
by section 211) is amended by adding at the end the
following:
``SEC. 217. DIRECT EXPENDITURE OR REDISTRIBUTION BY
RECIPIENT.
``(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.
``(c) Economic Adjustment.--Subject to subsection (d), a
recipient of a grant under section 209 may directly expend
the grant funds or may redistribute the funds to public and
private entities in the form of a grant, loan, loan
guarantee, payment to reduce interest on a loan guarantee, or
other appropriate assistance.
``(d) Limitation.--Under subsection (c), a recipient may
not provide any grant to a private for-profit entity.''.
(b) Conforming Amendment.--The table of contents contained
in section 1(b) of the Public Works and Economic Development
Act of 1965 (42 U.S.C. 3121 note) is amended by inserting
after the item relating to section 216 the following:
``Sec. 217. Direct expenditure or redistribution by recipient.''.
SEC. 213. BROWNFIELDS REDEVELOPMENT.
(a) In General.--Title II of the Public Works and Economic
Development Act of 1965 (42 U.S.C. 3141 et seq.) (as amended
by section 212) is amended by adding at the end the
following:
``SEC. 218. BROWNFIELDS REDEVELOPMENT.
``(a) Definition of Brownfield Site.--In this section, the
term `brownfield site' has the meaning given the term in
section 101(39) of the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980 (42 U.S.C. 9601(39)).
``(b) Grants.--On the application of eligible recipients,
the Secretary may make grants for projects on brownfield
sites to alleviate or prevent conditions of inadequate
private capital investment, unemployment, underemployment,
blight, underutilized or abandoned land, outmigration or
population loss, or infrastructure deterioration, including
projects consisting of--
``(1) acquisition, development, or reuse of land and
infrastructure improvements for a public works, service, or
facility;
``(2) development of public facilities, including design
and engineering, construction, rehabilitation, alteration,
expansion, or improvement, and related machinery and
equipment;
``(3) business development (including funding of a
revolving loan fund);
``(4) planning;
``(5) technical assistance; and
``(6) any other assistance determined by the Secretary to
alleviate the economic impacts of brownfield sites consistent
with the objectives of this title.
``(c) Prohibition on Remediation.--
``(1) Definitions.--In this subsection:
``(A) Hazardous substance.--The term `hazardous substance'
has the meaning given the term in section 101(14) of the
Comprehensive Environmental Response, Compensation, and
Liability Act of 1980 (42 U.S.C. 9601(14)).
``(B) Release.--The term `release' has the meaning given
the term in section 101(22) of the Comprehensive
Environmental Response, Compensation, and Liability Act of
1980 (42 U.S.C. 9601(22)).
``(C) Remediation.--The term `remediation' does not include
response activities described in section 104(a)(3) of the
Comprehensive Environmental Response, Compensation, and
Liability Act of 1980 (42 U.S.C. 9604(a)(3)).
``(2) Prohibition.--Except as provided in paragraph (3), a
grant made under this section shall not be used for
remediation to prevent or minimize the release of hazardous
substances.
``(3) Exception for incidental remediation.--
``(A) In general.--Paragraph (2) does not apply to
remediation that is incidental to the economic redevelopment
project.
``(B) Limitation.--Except as provided in subparagraph (C),
incidental remediation shall not exceed $50,000 at any
individual project.
``(C) Exceptional circumstances.--
``(i) In general.--Subject to clause (ii), the Secretary
may waive subparagraph (B) in exceptional circumstances that
further the mission of the Economic Development
Administration.
``(ii) Limitation.--If the Secretary waives subparagraph
(B) for a project, the cost of the incidental remediation at
the project shall not exceed $200,000.
``(D) Standards.--A recipient of a grant under this section
that is used for incidental remediation shall--
``(i) obtain written approval or clearance from the
appropriate Federal and State regulatory authority for the
hazardous waste remediation; and
``(ii) comply with all applicable Federal and State laws.
``(4) Effect on federal and state laws.--Nothing in this
section affects any liability, obligation, or response
authority under Federal or State law.
``(d) Additional Limitations.--
``(1) In general.--Except as provided in paragraph (2), a
grant made under this section shall be subject to section
104(k)(4)(B) of the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980 (42 U.S.C.
9604(k)(4)(B)).
``(2) Exceptions.--
``(A) Administrative costs.--A recipient of a grant made
under this section may use grant funds for the administrative
costs of economic development activities.
``(B) Compliance costs.--A recipient of a grant made under
this section may use grant funds for the compliance costs of
economic development activities.
``(C) Bona fide prospective purchaser.--For purposes of the
Comprehensive Environmental Response, Compensation, and
Liability Act of 1980 (42 U.S.C. 9601 et seq.), a recipient
of a grant under this section that otherwise satisfies the
definition of `bona fide prospective purchaser' under section
101(40) of the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980 (42 U.S.C. 9601(40))
shall be considered to be within that definition regardless
of the date on which the grant recipient acquires ownership
of a facility.
``(e) Assistance at Other Sites.--Nothing in this section
affects the authority of the Secretary to provide assistance
to eligible recipients under this Act for economic
development projects at a site other than a brownfield
site.''.
(b) Conforming Amendment.--The table of contents contained
in section 1(b) of the Public Works and Economic Development
Act of 1965 (42 U.S.C. 3121 note) is amended by inserting
after the item relating to section 217 the following:
``Sec. 218. Brownfields redevelopment.''.
TITLE III--COMPREHENSIVE ECONOMIC DEVELOPMENT STRATEGIES
SEC. 301. ELIGIBILITY OF AREAS.
Section 301(c)(1) of the Public Works and Economic
Development Act of 1965 (42 U.S.C. 3161(c)(1)) is amended by
inserting after ``most recent Federal data available'' the
following: ``(including data available from the Bureau of
Economic Analysis, the Bureau of Labor Statistics, the Census
Bureau, the Bureau of Indian Affairs, or any other Federal
source determined by the Secretary to be appropriate)''.
SEC. 302. COMPREHENSIVE ECONOMIC DEVELOPMENT STRATEGIES.
(a) In General.--Section 302(a)(3)(A) of the Public Works
and Economic Development Act of 1965 (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,
promotes the use of technology in economic development
(including access to high-speed telecommunications),'' after
``access,''.
(b) Approval of Other Plan.--Section 302(c) of the Public
Works and Economic Development Act of 1965 (42 U.S.C.
3162(c)) is amended--
(1) by striking ``The Secretary'' and inserting the
following:
``(1) In general.--The Secretary''; and
(2) by adding at the end the following:
[[Page S10510]]
``(2) Existing strategy.--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.
(a) In General.--Section 403 of the Public Works and
Economic Development Act of 1965 (42 U.S.C. 3173) is
repealed.
(b) Conforming Amendment.--The table of contents in section
1(b) of the Public Works and Economic Development Act of 1965
(42 U.S.C. 3121 note) is amended by striking the item
relating to section 403.
SEC. 402. PROVISION OF COMPREHENSIVE ECONOMIC DEVELOPMENT
STRATEGIES TO REGIONAL COMMISSIONS.
(a) In General.--Section 404 of the Public Works and
Economic Development Act of 1965 (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 1 or more of the Regional Commissions, 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) of the Public Works and Economic Development
Act of 1965 (42 U.S.C. 3121 note) 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 of the Public Works and Economic Development
Act of 1965 (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.
(a) In General.--Section 505 of the Public Works and
Economic Development Act of 1965 (42 U.S.C. 3195) is
repealed.
(b) Conforming Amendment.--The table of contents in section
1(b) of the Public Works and Economic Development Act of 1965
(42 U.S.C. 3121 note) is amended by striking the item
relating to section 505.
SEC. 503. PERFORMANCE EVALUATIONS OF GRANT RECIPIENTS.
(a) In General.--Section 506(c) of the Public Works and
Economic Development Act of 1965 (42 U.S.C. 3196(c)) is
amended by striking ``after the effective date of the
Economic Development Administration Reform Act of 1998''.
(b) Evaluation Criteria.--Section 506(d)(2) of the Public
Works and Economic Development Act of 1965 (42 U.S.C.
3196(d)(2)) is amended by inserting ``program performance,''
after ``applied research,''.
SEC. 504. CONFORMING AMENDMENTS.
Section 602 of the Public Works and Economic Development
Act of 1965 (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''.
TITLE VI--MISCELLANEOUS
SEC. 601. ANNUAL REPORT TO CONGRESS.
Section 603 of the Public Works and Economic Development
Act of 1965 (42 U.S.C. 3213) is amended--
(1) by striking ``Not later'' and inserting the following:
``(a) In General.--Not later''; and
(2) by adding at the end the following:
``(b) Inclusions.--Each report required under subsection
(a) shall--
``(1) include a list of the waivers issued under section
218(c)(3)(C);
``(2) include a list of all grant recipients by State,
including the projected private sector dollar to Federal
dollar investment ratio for each grant recipient;
``(3) include a discussion of any private sector leveraging
goal with respect to grants awarded to--
``(A) rural and urban economically distressed areas; and
``(B) highly distressed areas; and
``(4) after the completion of a project, include the
realized private sector dollar to Federal dollar investment
ratio for the project.''.
SEC. 602. RELATIONSHIP TO ASSISTANCE UNDER OTHER LAW.
Section 609 of the Public Works and Economic Development
Act of 1965 (42 U.S.C. 3219) is amended--
(1) by striking subsection (a); and
(2) by striking ``(b) Assistance Under Other Acts.--''.
SEC. 603. SENSE OF CONGRESS REGARDING ECONOMIC DEVELOPMENT
REPRESENTATIVES.
(a) Findings.--Congress finds that--
(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; and
(3) in the 5 years preceding the date of enactment of this
Act, 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 of the Public Works and Economic Development
Act of 1965 (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, to remain
available until expended--
``(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.''
``(b) Salaries and Expenses.--There are authorized to be
appropriated for salaries and expenses of administering this
Act, to remain available until expended--
``(1) $33,377,000 for fiscal year 2004; and
``(2) such sums as are necessary for each fiscal year
thereafter.''.
SEC. 702. FUNDING FOR GRANTS FOR PLANNING AND GRANTS FOR
ADMINISTRATIVE EXPENSES.
(a) In General.--Title VII of the Public Works and Economic
Development Act of 1965 (42 U.S.C. 3231 et seq.) is amended
by adding at the end the following:
``SEC. 704. FUNDING FOR GRANTS FOR PLANNING AND GRANTS FOR
ADMINISTRATIVE EXPENSES.
``(a) In General.--Of the amounts made available under
section 701 for each fiscal year, not less than $27,000,000
shall be made available for grants provided under section
203.
``(b) Waiver.--Subsection (a) shall not apply in any case
in which the total amount made available for a fiscal year
for all programs under this Act (excluding programs described
in paragraphs (1) and (2) of section 209(c)) is less than
$255,000,000.''.
(b) Conforming Amendment.--The table of contents contained
in section 1(b) of the Public Works and Economic Development
Act of 1965 (42 U.S.C. 3121 note) is amended by inserting
after the item relating to section 703 the following:
``Sec. 704. Funding for grants for planning and grants for
administrative expenses.''.
Mr. JEFFORDS. Mr. President, I am pleased that today we are about to
enact S. 1134, the Economic Development Administration Reauthorization
Act of 2004. This bipartisan bill, which I helped craft, will
strengthen the agency's ability to assist economically distressed
communities in Vermont and across the Nation by providing approximately
$1.3 billion in economic development grants over the next 5 years.
Since its establishment in 1965, the Economic Development
Administration, EDA, has invested more than $18.4 billion in more than
52,000 projects in all 50 States and in U.S. territories. These EDA
investments have been supplemented by approximately $8.3 billion in
matching funds from investment partners and have leveraged
approximately $90.6 billion in private sector investment. In total,
these investments have created more than 2.9 million jobs and saved
more than 830,000 jobs.
In Vermont, for example, EDA funds have been used to develop a
business incubator in Randolph and will soon be used to provide high-
speed Internet access to the states most rural region of Caledonia,
Essex, Orleans, Lamoille, Franklin, and Grand Isle Counties. My goal
with this legislation has been to increase the investment of EDA
dollars
[[Page S10511]]
in Vermont, and 5 years from now I believe that will be demonstrated.
The bill we are considering today is slightly altered from the one
that we passed out of the Environment and Public Works Committee last
June. In an effort to speed eventual enactment into law, this
substitute bill is not only supported by myself, Senator Inhofe, the
Chairman of the Environment and Public Works Committee, Senators Bond
and Reid, the Chairman and Ranking Member of the Environment
Committee's Transportation and Infrastructure Subcommittee, but it is
also supported by our House counterparts on the Transportation and
Infrastructure Committee.
I am pleased we were able to increase funding for planning in this
bill. EDA has an important role to play in supporting planning at the
local level. EDA has an important role as well to encourage the
leveraging of federal funds. However, there is language in this bill
that ensures that rural and urban economically distressed areas are not
adversely impacted by internal EDA leveraging goals.
Turning to brownfields, I am pleased this bill encourages EDA to
promote the redevelopment of abandoned industrial facilities and
brownfields. The economic and social benefits of brownfields
redevelopment are well documented. For example, in June 2003, the U.S.
Conference of Mayors estimated that brownfields redevelopment could
generate more than 575,000 additional jobs and up to $1.9 billion
annually in new tax revenues for cities. In addition, according to EPA,
every acre of reused brownfields preserves an estimated 4.5 acres of
unused open space. Estimates of the number of brownfields sites
nationwide range from 450,000 to as many as a million.
This bill complements the 2002 Environmental Protection Agency
brownfields cleanup law by encouraging EDA to make economic
redevelopment of brownfields a priority. In other words, EPA's focus is
to facilitate the environmental assessment and cleanup of abandoned
sites, whereas EDA's role is to encourage the economic reuse of the
property.
I agree with EDA Administrator David Sampson, who in response to a
question from the EPW Committee, wrote, ``cleanup activities are most
appropriately handled by state and federal environmental regulatory
agencies with the background and technical expertise to address complex
remediation issues.'' As such, I expect that EDA would only fund
redevelopment projects at sites that have been certified as ``clean''
by EPA or the State environmental agency. In the rare circumstance that
an EDA grant recipient discovers minimal contamination as part of a
redevelopment project, this bill would require any remediation
activities be conducted in compliance with all Federal, State, and
local laws and standards. EDA grantees should obtain the prior written
approval of EPA or the State environmental agency to ensure that the
remediation is protective of human health and the environment.
Of course, EDA also must uphold the ``polluter pays'' principle by
ensuring that Federal dollars are never given to the polluter to clean
up contamination that they caused in the first place. Likewise, nothing
in this bill in any way affects the liability of any party under
Superfund, RCRA or any other federal or state law.
The final brownfields-related aspect of the bill requires a General
Auditing Office study of EDA's brownfield grants. This study should
provide valuable data on the extent to which EDA brownfield
redevelopment grants involve remediation activities, the environmental
standards applied and the role of Federal, State and local
environmental agencies and public participation in the cleanup process.
It is my hope that such information will enable future Congresses to
revisit these issues to ensure more explicitly that any remediation
performed is truly incidental to the larger economic redevelopment
project and that cleanups performed using federal dollars are
protective of human health and the environment.
In closing I praise the bipartisan member and staff effort that went
into crafting this important bill. In particular, I acknowledge the
work of Geoffrey Brown and Malcolm Woolf on my staff; Angie Giancarlo
and Frank Fannon on Senator Inhofe's staff; David Montes on Senator
Reid's staff; and Nick Karellas and Ellen Stein on Senator Bond's
staff.
Mrs. BOXER. Mr. President, the Economic Development Administration
provides critical support to distressed communities. Included in this
reauthorization bill is assistance for the productive reuse of
abandoned industrial facilities and the redevelopment of brownfields. I
support that effort.
Unfortunately, the bill also includes new language allowing EDA to do
site assessment and remediation. This is, and should remain, the job of
the Environmental Protection Agency. As is evident in the manager's
amendment to the bill, it is Congress's intent that EDA abide by the
same site assessment and remediation standards and protocols as does
EPA.
Furthermore, under this bill, Federal funds provided by EDA for
assessment or cleanup will only be provided consistent with the
``Polluter Pays'' principle. That is, funds will not be provided to
those who are responsible for the pollution.
Specifically, EDA shall not provide funds for response costs to
parties potentially responsible for those costs under section 107 of
CERCLA, or to owners or operators responsible for corrective action
under the Leaking Underground Storage Tank program pursuant to the
Solid Waste Disposal Act, or to any other party responsible for the
pollution.
Mr. President, EDA agrees with Congress's intent. On April 28, 2004,
David Sampson, Assistant Secretary of Commerce for Economic
Development, told the Senate Environment and Public Works Committee,
``EDA is not seeking to in any way relieve a responsible party from
liability under CERCLA nor to provide funds to a party to undertake
clean-ups required under CERCLA, since to do so would undercut the
`Polluter Pays' principle on which CERCLA was founded.''
Under any Federal program, when Federal funds are used for cleanup,
it is very important to ensure that assessment and cleanup costs not be
shifted away from the polluter and onto taxpayers. To the limited
extent EDA is involved in funding cleanups, Congress's intent in this
bill and EDA's policy is that polluters remain responsible for their
own cleanup costs. Polluters must pay to clean up their own messes.
Mr. LAUTENBERG. Mr. President, I rise to speak on the bill to
reauthorize the Economic Development Administration, EDA, which
provides critical support to needed communities. Since its
establishment, the Economic Development Administration has invested
over $18 billion in more than 50,000 projects in all parts of the
United States. These investments have been supplemented by matching
funds from investment partners, and have leveraged a great deal of
investment by the private sector.
The reauthorization bill before us today includes assistance for the
productive use of abandoned industrial facilities and the redevelopment
of brownfields. I support that effort. While the Environmental
Protection Agency's role under the 2002 law is to facilitate the
environmental assessment and cleanup of abandoned brownfield sites,
EDA's role is to encourage the economic reuse of the property.
Under this bill, Federal funds provided by EDA for assessment or
cleanup will only be provided consistent with the ``Polluter Pays''
principle. That is, funds will not be provided to those who are
responsible for the pollution. They are responsible for cleaning up the
mess they made. That is, funds will not be provided to those who are
responsible for the pollution. They are responsible for cleaning up the
mess they made.
Specifically, EDA shall not provide funds for response costs to
parties potentially responsible for those costs under section 107 of
CERCLA, or to owners or operators responsible for corrective action
under the Leaking Underground Storage Tank program pursuant to the
Solid Waste Disposal Act, or to any other party responsible for the
pollution.
It is very important to ensure that assessment and clean-up costs are
not shifted from the polluter to the taxpayers. To the extent that EDA
is involved in funding cleanups, Congress'
[[Page S10512]]
intent in this bill and EDA's policy must be the same: polluters are
responsible for paying to clean up their own messes.
Mr. INHOFE. Mr. President, I rise to discuss S. 1134, the Economic
Development Administration reauthorization bill, that was approved by
the Senate today. This is an important piece of legislation for our
Nation's economically distressed communities. These areas count on EDA
to help create favorable environments for long-term economic growth.
Studies have shown that EDA uses Federal dollars efficiently and
effectively--creating and retaining long-term jobs at an average cost
that is among the lowest in government. The bill emphasizes
coordination, flexibility and performance. These tools will allow the
Secretary to continue and even improve and increase the good work done
by the agency.
In particular, I would like to highlight the performance award
program and the reforms to the revolving loan fund, RLF, program
included in the bill. The performance award program will allow the
Secretary to reward those grant recipients who meet or exceed
expectations regarding performance measures such as jobs created and
private sector investment.
The reforms to the RLF program are needed to ensure the agency can
continue to capitalize new and recapitalize existing RLFs. The current
administrative burden of these funds is large. This bill will allow the
Secretary to reduce that burden, both for the agency and for the local
RLF managers, while providing appropriate oversight.
Enactment of this legislation will be good for my home State of
Oklahoma in several ways as well. First, it will ensure that the
communities of Elgin and Durant are able to move forward with
infrastructure improvements that will support the attraction of private
sector investment and the creation of jobs. Enactment will also result
in much needed investment in Ottawa County, providing funding for the
city of Miami--a city that has suffered economic hardship due to its
proximity to a Superfund site.
Additionally, the bill preserves the ability of Economic Development
Districts to use planning funds to provide technical assistance and
cover administrative costs. This is especially important for the small,
rural communities of Oklahoma that do not have the resources to
maintain the professional and technical capacity needed to develop and
implement comprehensive economic development strategies. Economic
Development Districts work to fill this hole and should not be
prevented from doing so.
I would like to thank my colleagues here in the Senate, in the House
of Representatives and in the administration for working so diligently
and cooperatively with me to complete work on this very important
legislation. I would also like to thank the staff for their hard work--
from my staff: Angie Giancarlo and Frank Fannon; from Senator Jeffords'
staff: Geoff Brown and Malcolm Woolf; from Senator Bond's staff: Nick
Karellas and Ellen Stein; from Senator Reid's staff: David Montes; and
from EDA: Nat Wienecke, Paul Pisano, Ben Erulkar and Dennis Alvord.
Mr. JEFFORDS. Mr. President, the Economic Development Administration
Reauthorization Act of 2004, S. 1134, contains important provisions
relating to the redevelopment of brownfields. As the ranking member of
the Environment and Public Works Committee, I want to take the
opportunity to explain these provisions. Before I begin, let me
acknowledge the contributions of Senator Chafee, chair of the Superfund
and Waste Management subcommittee, in developing these provisions and
note that he supports my comments today.
S. 1134 encourages EDA to promote the redevelopment of abandoned
industrial facilities and brownfields. The economic and social benefits
of brownfields redevelopment are well documented. For example, in June
2003, the U.S. Conference of Mayors estimated that brownfields
redevelopment could generate more than 575,000 additional jobs and up
to $1.9 billion annually in new tax revenues for cities. In addition,
according to EPA, every acre of reused brownfields preserves an
estimated 4.5 acres of unused open space. Estimates of the number of
brownfields sites nationwide range from 450,000 to as many as a
million.
This bill complements the 2002 Environmental Protection Agency
brownfields cleanup law by encouraging EDA to make economic
redevelopment of brownfields a priority. In other words, EPA's focus is
to facilitate the environmental assessment and cleanup of abandoned
sites, whereas EDA's role is to encourage the economic reuse of the
property.
I agree with EDA Administrator David Sampson, who in response to a
question from the EPW Committee, wrote, ``cleanup activities are most
appropriately handled by state and federal environmental regulatory
agencies with the background and technical expertise to address complex
remediation issues.'' As such, I expect that EDA would only fund
redevelopment projects at sites that have been certified as ``clean''
by EPA or the State environmental agency. In the rare circumstance that
an EDA grant recipient discovers minimal contamination as part of a
redevelopment project, this bill would require any remediation
activities be conducted in compliance with all Federal, State, and
local laws and standards. EDA grantees should obtain the prior written
approval of EPA or the State environmental agency to ensure that the
remediation is protective of human health the environment.
Of course, EDA also must uphold the ``polluter pays'' principle by
ensuring that Federal dollars are never given to the polluter to clean
up contamination that they caused in the first place. Likewise, nothing
in this bill in any way affects the liability of any party under
Superfund, RCRA or any other Federal or State law.
The final brownfields-related aspect of the bill requires a General
Auditing Office study of EDA's brownfield grants. This study should
provide valuable data on the extent to which EDA brownfield
redevelopment grants involve remediation activities, the environmental
standards applied and the role of Federal, State and local
environmental agencies and public participation in the cleanup process.
It is my hope that such information will enable future Congresses to
revisit these issues to ensure more explicitly that any remediation
performed is truly incidental to the larger economic redevelopment
project and that cleanups performed using Federal dollars are
protective of human health and the environment.
In closing I would like to praise the bipartisan Member and staff
work that went into crafting this important bill and urge swift passage
by the other body.
Ms. COLLINS. Madam President, I ask unanimous consent that the
substitute amendment that is at the desk be agreed to, the committee-
reported amendment, as amended, be agreed to, the bill, as amended, be
read a third time and passed, the motions to reconsider be laid upon
the table, en bloc, and that any statements relating to the bill be
printed in the Record.
The PRESIDING OFFICER. Without objection, it is so ordered.
The amendment (No. 3976) was agreed to.
(The amendment is printed in today's Record under ``Text of
Amendments.'')
The committee amendment, in the nature of a substitute, as amended,
was agreed to.
The bill (S. 1134), as amended, was read the third time and passed.
Ms. COLLINS. I suggest the absence of a quorum.
The PRESIDING OFFICER. The clerk will call the roll.
The assistant legislative clerk proceeded to call the roll.
Mr. BYRD. Mr. President, I ask unanimous consent that the order for
the quorum call be dispensed with.
The PRESIDING OFFICER (Mr. Chambliss). Without objection, it is so
ordered.
____________________