[Congressional Record Volume 154, Number 154 (Friday, September 26, 2008)]
[Senate]
[Pages S9872-S9874]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




        APPALACHIAN REGIONAL DEVELOPMENT ACT AMENDMENTS OF 2008

  Mr. WHITEHOUSE. Mr. President, I ask that the Chair lay before the 
Senate a message from the House with respect to S. 496.
  The Presiding Officer laid before the Senate a message from the House 
as follows:

                                 S. 496

       Resolved, That the bill from the Senate (S. 496) entitled 
     ``An Act to reauthorize and improve the program authorized by 
     the Apalachian Regional Development Act of 1965'', do pass 
     with the following amendment:
       Strike out all after the enacting clause and insert:

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Appalachian Regional 
     Development Act Amendments of 2008''.

     SEC. 2. LIMITATION ON AVAILABLE AMOUNTS; MAXIMUM COMMISSION 
                   CONTRIBUTION.

       (a) Grants and Other Assistance.--Section 14321(a) of title 
     40, United States Code, is amended--

[[Page S9873]]

       (1) in paragraph (1)(A) by striking clause (i) and 
     inserting the following:
       ``(i) the amount of the grant shall not exceed--

       ``(I) 50 percent of administrative expenses;
       ``(II) at the discretion of the Commission, if the grant is 
     to a local development district that has a charter or 
     authority that includes the economic development of a county 
     or a part of a county for which a distressed county 
     designation is in effect under section 14526, 75 percent of 
     administrative expenses; or
       ``(III) at the discretion of the Commission, if the grant 
     is to a local development district that has a charter or 
     authority that includes the economic development of a county 
     or a part of a county for which an at-risk county designation 
     is in effect under section 14526, 70 percent of 
     administrative expenses;''; and

       (2) in paragraph (2) by striking subparagraph (A) and 
     inserting the following:
       ``(A) In general.--Except as provided in subparagraph (B), 
     of the cost of any activity eligible for financial assistance 
     under this section, not more than--
       ``(i) 50 percent may be provided from amounts appropriated 
     to carry out this subtitle;
       ``(ii) in the case of a project to be carried out in a 
     county for which a distressed county designation is in effect 
     under section 14526, 80 percent may be provided from amounts 
     appropriated to carry out this subtitle; or
       ``(iii) in the case of a project to be carried out in a 
     county for which an at-risk county designation is in effect 
     under section 14526, 70 percent may be provided from amounts 
     appropriated to carry out this subtitle.''.
       (b) Demonstration Health Projects.--Section 14502 of title 
     40, United States Code, is amended--
       (1) in subsection (d) by striking paragraph (2) and 
     inserting the following:
       ``(2) Limitation on available amounts.--Grants under this 
     section for the operation (including initial operating 
     amounts and operating deficits, which include the cost of 
     attracting, training, and retaining qualified personnel) of a 
     demonstration health project, whether or not constructed with 
     amounts authorized to be appropriated by this section, may be 
     made for up to--
       ``(A) 50 percent of the cost of that operation;
       ``(B) in the case of a project to be carried out in a 
     county for which a distressed county designation is in effect 
     under section 14526, 80 percent of the cost of that 
     operation; or
       ``(C) in the case of a project to be carried out for a 
     county for which an at-risk county designation is in effect 
     under section 14526, 70 percent of the cost of that 
     operation.''; and
       (2) in subsection (f)--
       (A) in paragraph (1) by striking ``paragraph (2)'' and 
     inserting ``paragraphs (2) and (3)''; and
       (B) by adding at the end the following:
       ``(3) At-risk counties.--The maximum Commission 
     contribution for a project to be carried out in a county for 
     which an at-risk county designation is in effect under 
     section 14526 may be increased to the lesser of--
       ``(A) 70 percent; or
       ``(B) the maximum Federal contribution percentage 
     authorized by this section.''.
       (c) Assistance for Proposed Low- and Middle-Income Housing 
     Projects.--Section 14503 of title 40, United States Code, is 
     amended--
       (1) in subsection (d) by striking paragraph (1) and 
     inserting the following:
       ``(1) Limitation on available amounts.--A loan under 
     subsection (b) for the cost of planning and obtaining 
     financing (including the cost of preliminary surveys and 
     analyses of market needs, preliminary site engineering and 
     architectural fees, site options, application and mortgage 
     commitment fees, legal fees, and construction loan fees and 
     discounts) of a project described in that subsection may be 
     made for up to--
       ``(A) 50 percent of that cost;
       ``(B) in the case of a project to be carried out in a 
     county for which a distressed county designation is in effect 
     under section 14526, 80 percent of that cost; or
       ``(C) in the case of a project to be carried out for a 
     county for which an at-risk county designation is in effect 
     under section 14526, 70 percent of that cost.''; and
       (2) in subsection (e) by striking paragraph (1) and 
     inserting the following:
       ``(1) In general.--A grant under this section for expenses 
     incidental to planning and obtaining financing for a project 
     under this section that the Secretary considers to be 
     unrecoverable from the proceeds of a permanent loan made to 
     finance the project shall--
       ``(A) not be made to an organization established for 
     profit; and
       ``(B) except as provided in paragraph (2), not exceed--
       ``(i) 50 percent of those expenses;
       ``(ii) in the case of a project to be carried out in a 
     county for which a distressed county designation is in effect 
     under section 14526, 80 percent of those expenses; or
       ``(iii) in the case of a project to be carried out in a 
     county for which an at-risk county designation is in effect 
     under section 14526, 70 percent of those expenses.''.
       (d) Telecommunications and Technology Initiative.--Section 
     14504 of title 40, United States Code, is amended by striking 
     subsection (b) and inserting the following:
       ``(b) Limitation on Available Amounts.--Of the cost of any 
     activity eligible for a grant under this section, not more 
     than--
       ``(1) 50 percent may be provided from amounts appropriated 
     to carry out this section;
       ``(2) in the case of a project to be carried out in a 
     county for which a distressed county designation is in effect 
     under section 14526, 80 percent may be provided from amounts 
     appropriated to carry out this section; or
       ``(3) in the case of a project to be carried out in a 
     county for which an at-risk county designation is in effect 
     under section 14526, 70 percent may be provided from amounts 
     appropriated to carry out this section.''.
       (e) Entrepreneurship Initiative.--Section 14505 of title 
     40, United States Code, is amended by striking subsection (c) 
     and inserting the following:
       ``(c) Limitation on Available Amounts.--Of the cost of any 
     activity eligible for a grant under this section, not more 
     than--
       ``(1) 50 percent may be provided from amounts appropriated 
     to carry out this section;
       ``(2) in the case of a project to be carried out in a 
     county for which a distressed county designation is in effect 
     under section 14526, 80 percent may be provided from amounts 
     appropriated to carry out this section; or
       ``(3) in the case of a project to be carried out in a 
     county for which an at-risk county designation is in effect 
     under section 14526, 70 percent may be provided from amounts 
     appropriated to carry out this section.''.
       (f) Regional Skills Partnerships.--Section 14506 of title 
     40, United States Code, is amended by striking subsection (d) 
     and inserting the following:
       ``(d) Limitation on Available Amounts.--Of the cost of any 
     activity eligible for a grant under this section, not more 
     than--
       ``(1) 50 percent may be provided from amounts appropriated 
     to carry out this section;
       ``(2) in the case of a project to be carried out in a 
     county for which a distressed county designation is in effect 
     under section 14526, 80 percent may be provided from amounts 
     appropriated to carry out this section; or
       ``(3) in the case of a project to be carried out in a 
     county for which an at-risk county designation is in effect 
     under section 14526, 70 percent may be provided from amounts 
     appropriated to carry out this section.''.
       (g) Supplements to Federal Grant Programs.--Section 
     14507(g) of title 40, United States Code, is amended--
       (1) in paragraph (1) by striking ``paragraph (2)'' and 
     inserting ``paragraphs (2) and (3)''; and
       (2) by adding at the end the following:
       ``(3) At-risk counties.--The maximum Commission 
     contribution for a project to be carried out in a county for 
     which an at-risk county designation is in effect under 
     section 14526 may be increased to 70 percent.''.

     SEC. 3. ECONOMIC AND ENERGY DEVELOPMENT INITIATIVE.

       (a) In General.--Subchapter I of chapter 145 of subtitle IV 
     of title 40, United States Code, is amended by adding at the 
     end the following:

     ``Sec. 14508. Economic and energy development initiative

       ``(a) Projects To Be Assisted.--The Appalachian Regional 
     Commission may provide technical assistance, make grants, 
     enter into contracts, or otherwise provide amounts to persons 
     or entities in the Appalachian region for projects and 
     activities--
       ``(1) to promote energy efficiency in the Appalachian 
     region to enhance the economic competitiveness of the 
     Appalachian region;
       ``(2) to increase the use of renewable energy resources, 
     particularly biomass, in the Appalachian region to produce 
     alternative transportation fuels, electricity, and heat; and
       ``(3) to support the development of regional, conventional 
     energy resources to produce electricity and heat through 
     advanced technologies that achieve a substantial reduction in 
     emissions, including greenhouse gases, over the current 
     baseline.
       ``(b) Limitation on Available Amounts.--Of the cost of any 
     activity eligible for a grant under this section, not more 
     than--
       ``(1) 50 percent may be provided from amounts appropriated 
     to carry out this section;
       ``(2) in the case of a project to be carried out in a 
     county for which a distressed county designation is in effect 
     under section 14526, 80 percent may be provided from amounts 
     appropriated to carry out this section; or
       ``(3) in the case of a project to be carried out in a 
     county for which an at-risk county designation is in effect 
     under section 14526, 70 percent may be provided from amounts 
     appropriated to carry out this section.
       ``(c) Sources of Assistance.--Subject to subsection (b), 
     grants provided under this section may be provided from 
     amounts made available to carry out this section in 
     combination with amounts made available under other Federal 
     programs or from any other source.
       ``(d) Federal Share.--Notwithstanding any provision of law 
     limiting the Federal share under any other Federal program, 
     amounts made available to carry out this section may be used 
     to increase that Federal share, as the Commission decides is 
     appropriate.''.
       (b) Conforming Amendment.--The analysis for chapter 145 of 
     title 40, United States Code, is amended by inserting after 
     the item relating to section 14507 the following:

``14508. Economic and energy development initiative.''.

     SEC. 4. DISTRESSED, AT-RISK, AND ECONOMICALLY STRONG 
                   COUNTIES.

       (a) Designation of At-Risk Counties.--Section 14526 of 
     title 40, United States Code, is amended--
       (1) in the section heading by inserting ``, at-risk,'' 
     after ``Distressed''; and
       (2) in subsection (a)(1)--
       (A) by redesignating subparagraph (B) as subparagraph (C);
       (B) in subparagraph (A) by striking ``and'' at the end; and
       (C) by inserting after subparagraph (A) the following:
       ``(B) designate as `at-risk counties' those counties in the 
     Appalachian region that are most at risk of becoming 
     economically distressed; and''.

[[Page S9874]]

       (b) Conforming Amendment.--The analysis for chapter 145 of 
     such title is amended by striking the item relating to 
     section 14526 and inserting the following:

``14526. Distressed, at-risk, and economically strong counties.''.

     SEC. 5. AUTHORIZATION OF APPROPRIATIONS.

       (a) In General.--Section 14703(a) of title 40, United 
     States Code, is amended to read as follows:
       ``(a) In General.--In addition to amounts made available 
     under section 14501, there is authorized to be appropriated 
     to the Appalachian Regional Commission to carry out this 
     subtitle--
       ``(1) $87,000,000 for fiscal year 2008;
       ``(2) $100,000,000 for fiscal year 2009;
       ``(3) $105,000,000 for fiscal year 2010;
       ``(4) $108,000,000 for fiscal year 2011; and
       ``(5) $110,000,000 for fiscal year 2012.''.
       (b) Economic and Energy Development Initiative.--Section 
     14703(b) of such title is amended to read as follows:
       ``(b) Economic and Energy Development Initiative.--Of the 
     amounts made available under subsection (a), the following 
     amounts may be used to carry out section 14508--
       ``(1) $12,000,000 for fiscal year 2008;
       ``(2) $12,500,000 for fiscal year 2009;
       ``(3) $13,000,000 for fiscal year 2010;
       ``(4) $13,500,000 for fiscal year 2011; and
       ``(5) $14,000,000 for fiscal year 2012.''.
       (c) Allocation of Funds.--Section 14703 of such title is 
     amended by adding at the end the following:
       ``(d) Allocation of Funds.--Funds approved by the 
     Appalachian Regional Commission for a project in a State in 
     the Appalachian region pursuant to a congressional directive 
     shall be derived from the total amount allocated to the State 
     by the Appalachian Regional Commission from amounts 
     appropriated to carry out this subtitle.''.

     SEC. 6. TERMINATION.

       Section 14704 of title 40, United States Code, is amended 
     by striking ``2007'' and inserting ``2012''.

     SEC. 7. ADDITIONS TO APPALACHIAN REGION.

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

  Mr. WHITEHOUSE. Mr. President, I ask unanimous consent that the 
Senate concur in the House amendment and the motion to reconsider be 
laid upon the table, with no intervening action or debate.
  The PRESIDING OFFICER. Without objection, it is so ordered.

                          ____________________