[Congressional Record Volume 150, Number 125 (Wednesday, October 6, 2004)]
[House]
[Pages H8344-H8349]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




    ECONOMIC DEVELOPMENT ADMINISTRATION REAUTHORIZATION ACT OF 2004

  Mr. LaTOURETTE. Mr. Speaker, I move to suspend the rules and pass the 
Senate bill (S. 1134) to reauthorize and improve the program authorized 
by the Public Works and Economic Development Act of 1965.
  The Clerk read as follows:

                                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; 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. Brightfields demonstration program.

        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. Brownfields redevelopment report.
Sec. 604. Savings clause
Sec. 605. 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
       ``(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;
       ``(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; and
       ``(4) assistance under this Act should be made available to 
     promote the productive reuse of abandoned industrial 
     facilities and the redevelopment of brownfields.''.

     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:

[[Page H8345]]

       ``(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 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 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 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) 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

[[Page H8346]]

       ``(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 regularly review the implementation of this section.
       ``(2) Report.--Not later than 1 year after the date of 
     enactment of this subsection, 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 on implementation of 
     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 regularly 
     review the implementation of this section.
       ``(2) Report.--Not later than 1 year after the date of 
     enactment of this section, 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 on implementation of 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.

[[Page H8347]]

       ``(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. BRIGHTFIELDS DEMONSTRATION PROGRAM.

       (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. BRIGHTFIELDS DEMONSTRATION PROGRAM.

       ``(a) Definition of Brightfield Site.--In this section, the 
     term `brightfield site' means a brownfield site that is 
     redeveloped through the incorporation of 1 or more solar 
     energy technologies.
       ``(b) Demonstration Program.--On the application of an 
     eligible recipient, the Secretary may make a grant for a 
     project for the development of a brightfield site if the 
     Secretary determines that the project will--
       ``(1) use 1 or more solar energy technologies to develop 
     abandoned or contaminated sites for commercial use; and
       ``(2) improve the commercial and economic opportunities in 
     the area in which the project is located.
       ``(c) Savings Clause.--To the extent that any portion of a 
     grant awarded under subsection (b) involves remediation, the 
     remediation shall be subject to section 612.
       ``(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, to remain available 
     until expended.''.
       (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 (as added by section 
     212(b)) the following:

``Sec. 218. Brightfields demonstration program.''.

        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:
       ``(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 all grant recipients by State, 
     including the projected private sector dollar to Federal 
     dollar investment ratio for each grant recipient;
       ``(2) include a discussion of any private sector leveraging 
     goal with respect to grants awarded to--

[[Page H8348]]

       ``(A) rural and urban economically distressed areas; and
       ``(B) highly distressed areas; and
       ``(3) 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. BROWNFIELDS REDEVELOPMENT REPORT.

       (a) In General.--Title VI of the Public Works and Economic 
     Development Act of 1965 (42 U.S.C. 3171 et seq.) is amended 
     by adding at the end the following:

     ``SEC. 611. BROWNFIELDS REDEVELOPMENT REPORT.

       ``(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) Report.--
       ``(1) In general.--Not later than 1 year after the date of 
     enactment of this section, the Comptroller General shall 
     prepare a report that evaluates the grants made by the 
     Economic Development Administration for the economic 
     development of brownfield sites.
       ``(2) Contents.--The report shall--
       ``(A) identify each project conducted during the previous 
     10-year period in which grant funds have been used for 
     brownfield sites redevelopment activities; and
       ``(B) include for each project a description of --
       ``(i) the type of economic development activities 
     conducted;
       ``(ii) if remediation activities were conducted--

       ``(I) the type of remediation activities; and
       ``(II) the amount of grant money used for those activities 
     in dollars and as a percentage of the total grant award;

       ``(iii) the economic development and environmental 
     standards applied, if applicable;
       ``(iv) the economic development impact of the project;
       ``(v) the role of Federal, State, or local environmental 
     agencies, if any; and
       ``(vi) public participation in the project.
       ``(3) Submission of report.--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 copy of the 
     report.''.
       (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 610 the following:

``Sec. 611. Brownfields redevelopment report.''.

     SEC. 604. SAVINGS CLAUSE.

       (a) In General.--Title VI of the Public Works and Economic 
     Development Act of 1965 (42 U.S.C. 3171 et seq.) (as amended 
     by section 603(a)) is amended by adding at the end the 
     following:

     ``SEC. 612. SAVINGS CLAUSE.

       ``To the extent that any portion of grants made under this 
     Act are used for an economic development project that 
     involves remediation, the remediation shall be conducted in 
     compliance with all applicable Federal, State, and local laws 
     and standards.''.
       (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 611 (as added by section 
     603(b)) the following:

``Sec. 612. Savings clause.''.

     SEC. 605. 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.

       ``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) 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''.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
Ohio (Mr. LaTourette) and the gentleman from Illinois (Mr. Costello) 
each will control 20 minutes.
  The Chair recognizes the gentleman from Ohio (Mr. LaTourette).
  Mr. LaTOURETTE. Mr. Speaker, I yield myself such time as I may 
consume.
  Mr. Speaker, S. 1134, the Economic Development Reauthorization Act of 
2004, which was passed by the Senate last night, reflects the 
bipartisan, bicameral work of the Committee on Transportation and 
Infrastructure and the Environment and Public Works Committee of the 
Senate. This bill is virtually identical to H.R. 2535 which passed the 
House by a voice vote on October 21 of last year.
  The changes that were made to the bill in the Senate, I believe, are 
very straightforward, and while we may not agree with all of them, were 
agreed to in the spirit of compromise.
  This legislation will provide the important resources in these 
economically distressed areas to support the revitalization of 
communities through public works projects, creation of business 
incubators, support for business clusters, as well as a number of other 
important programs.
  I encourage our colleagues to support this legislation.
  Mr. Speaker, I reserve the balance of my time.
  Mr. COSTELLO. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, I rise in strong support of S. 1134, a bill to 
reauthorize the programs authorized by the Public Works and Economic 
Development Act of 1965. This is a consensus bill worked out with 
Members of the other body on both sides of the aisle. It reauthorizes 
the time-tested, successful programs of the Economic Development 
Administration.
  I know EDA works because I have seen it work; providing jobs, job 
training, infrastructure investment, and creating real economic 
opportunities in distressed communities in my district and across the 
country.
  Since the 1998 EDA Reauthorization Act, EDA has been able to further 
document its truly impressive performance. According to a series of 
Rutgers University studies, EDA capital projects are on time and under 
budget. These projects produce private-sector employment in 96 to 98 
percent of the cases. Moreover, EDA capital projects create jobs at a 
cost of approximately $3,000 to $8,000 per job, and EDA's revolving 
loan projects create jobs at a lower rate. For every $1 million spent 
by EDA and public works funding, 325 direct permanent jobs are created, 
$10 million is leveraged in private sector investment, and the local 
tax base is increased by $10 million.
  EDA's job creation and leveraging of private sector investment is 
critical for our struggling economy. Under this administration, our 
economy has lost 1.6 million private sector jobs in the last 4 years. 
EDA, the only Federal agency specifically tasked with the mission of 
supporting economic development in distressed and rural areas,

[[Page H8349]]

must continue to identify opportunities for future economic growth, 
using its expertise and proven excellence.
  The bill authorizes EDA programs for 5 years and provides the agency 
with the funding levels necessary to effect real growth and development 
in economically distressed communities. The bill builds upon the 1998 
act and establishes several new innovative programs. For example, the 
bill authorizes EDA to provide performance incentive awards to high 
performing grantees. Grantees can use these performance grants in any 
manner consistent with the act.
  In addition, the bill authorizes a Brightfields Demonstration program 
to establish solar energy projects on redeveloped brownfields sites.
  Finally, the bill continues EDA's focus on planning and its vital 
importance to economic development. In many States, small and 
underserved communities are often unable to invest the necessary 
resources to maintain the professional and technical capacity needed to 
develop and implement effective, comprehensive economic development 
strategies. Economic Development Districts, which are multicounty 
public economic development planning entities, serve as a cost-
effective and efficient method to ensure that local communities have 
the resources needed to pursue new economic development opportunities.
  This legislation provides that a minimum of $27 million be available 
each year for planning purposes. In addition, the legislation assumes 
that EDA will continue to protect and preserve the role of EDDs in the 
planning program as currently practiced and administered by EDA. 
Planning is critical to continuing to provide important support to 
economically distressed rural and urban communities that are often 
unable to afford and maintain the professional and technical capacity 
necessary to implement comprehensive economic development strategies. 
It is essential that this program continue to function consistent with 
current policies and practices.
  This bill was worked out, as I mentioned, with the other body in a 
bipartisan way. I extend my thanks to the chairman of the full 
committee, the gentleman from Alaska (Mr. Young), the gentleman from 
Minnesota (Ranking Member Oberstar), to the chairman of the 
subcommittee, my friend, the gentleman from Ohio (Mr. LaTourette) for 
his hard work on this bill as well, and the Ranking Member of the 
subcommittee, the gentlewoman from the District of Columbia (Ms. 
Norton).
  Mr. Speaker, I strongly support this legislation and ask my 
colleagues to support it.
  Mr. Speaker, I reserve the balance of my time.
  Mr. LaTOURETTE. Mr. Speaker, I yield myself such time as I may 
consume.
  Mr. Speaker, I want to thank my friend, the gentleman from Illinois 
(Mr. Costello), who was the ranking member in our subcommittee in the 
last Congress and is a great bipartisan partner. I want to congratulate 
the gentlewoman from the District of Columbia (Ms. Norton) for working 
with us on this bill. I want to thank not only our staff on the 
Republican side, but also the staff on the Democratic side for making 
this be a truly bipartisan, good piece of legislation. I want to thank 
Dr. Sampson who is the Assistant Secretary for shepherding this bill 
through both chambers and achieving a successful result. Lastly, I want 
to thank Danielle from the Majority Leader's office for making sure we 
could speak tonight and get this good piece of legislation taken care 
of.
  Mr. Speaker, I reserve the balance of my time.
  Mr. COSTELLO. Mr. Speaker, we have no further speakers, and I yield 
back the balance of my time.
  Mr. LaTOURETTE. Mr. Speaker, I yield back the balance of my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from Ohio (Mr. LaTourette) that the House suspend the rules 
and pass the Senate bill, S. 1134.
  The question was taken.
  The SPEAKER pro tempore. In the opinion of the Chair, two-thirds of 
those present have voted in the affirmative.
  Mr. LaTOURETTE. Mr. Speaker, on that, I demand the yeas and nays.
  The yeas and nays were ordered.
  The SPEAKER pro tempore. Pursuant to clause 8 of rule XX and the 
Chair's prior announcement, further proceedings on this motion will be 
postponed.

                          ____________________