[House Report 108-353]
[From the U.S. Government Publishing Office]
108th Congress Report
HOUSE OF REPRESENTATIVES
1st Session 108-353
======================================================================
ADDITIONS TO APPALACHIAN REGION
_______
November 6, 2003.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Mr. Young of Alaska, from the Committee on Transportation and
Infrastructure, submitted the following
R E P O R T
[To accompany H.R. 587]
[Including cost estimate of the Congressional Budget Office]
The Committee on Transportation and Infrastructure, to whom
was referred the bill (H.R. 587) to amend title 40, United
States Code, to add Ashtabula, Mahoning, and Trumbull Counties,
Ohio, to the Appalachian region, having considered the same,
report favorably thereon with amendments and recommend that the
bill as amended do pass.
The amendments are as follows:
Strike all after the enacting clause and insert the
following:
SECTION 1. ADDITIONS TO APPALACHIAN REGION.
(a) Kentucky.--Section 14102(a)(1)(C) of title 40, United States
Code, is amended--
(1) by inserting ``Nicholas,'' after ``Morgan,''; and
(2) by inserting ``Robertson,'' after ``Pulaski,''.
(b) Ohio.--Section 14102(a)(1)(H) of such title is amended--
(1) by inserting ``Ashtabula,'' after ``Adams,'';
(2) by inserting ``Fayette,'' after ``Coshocton,'';
(3) by inserting ``Mahoning,'' after ``Lawrence,''; and
(4) by inserting ``Trumbull,'' after ``Scioto,''.
(c) Tennessee.--Section 14102(a)(1)(K) of such title is amended--
(1) by inserting ``Giles,'' after ``Franklin,''; and
(2) by inserting ``Lawrence, Lewis, Lincoln,'' after
``Knox,''.
(d) Virginia.--Section 14102(a)(1)(L) of such title is amended--
(1) by inserting ``Henry,'' after ``Grayson,''; and
(2) by inserting ``Patrick,'' after ``Montgomery,''.
SEC. 2. AUTHORIZATION OF APPROPRIATIONS.
Section 14703(a) of title 40, United States Code, is amended by
striking paragraphs (1) through (3) and inserting the following:
``(1) $88,000,000 for each of fiscal years 2002 and 2003.
``(2) $91,000,000 for fiscal year 2004.
``(3) $93,000,000 for fiscal year 2005.
``(4) $95,000,000 for fiscal year 2006.''.
Amend the title so as to read:
A bill to amend title 40, United States Code, to make
additions to the Appalachian region, and for other purposes.
Purpose of the Legislation
The purpose of H.R. 587, as amended, is to add certain
counties in the States of Ohio, Virginia, Kentucky and
Tennessee to the Appalachian Regional Commission (ARC) and
increase the ARC's authorized levels so that these counties can
benefit from the work of the ARC.
Background and Need for the Legislation
Established by the Appalachian Regional Development Act of
1965 (P.L. 89-4), the ARC has as its central mission,
alleviating economic distress in the Appalachian region, which
covers 410 counties in 13 states, and is home to over 22
million people. Historically, the Appalachian region has faced
levels of poverty and economic distress higher than national
averages as a result of its geographic isolation and inadequate
infrastructure. Three indicators, unemployment, market income,
and poverty rates, indicate if a county is distressed. A county
is in economic distress if it has a three-year average
unemployment rate that is at least 1.5 times the U.S. average;
has a per capita market income that is less than two-thirds of
the U.S. average; and has a poverty rate that is at least 1.5
times the U.S. average. Since its creation, the ARC has cut in
half the number of its counties plagued by severe and chronic
economic distress.
H.R. 587 adds 12 counties to the Appalachian Regional
Commission (ARC). The legislation adds Ashtabula, Fayette,
Mahoning, and Trumbull Counties in the State of Ohio; Nicholas
and Robertson Counties in the State of Kentucky; Giles,
Lawrence, Lewis, and Lincoln Counties in the State of
Tennessee; and Henry and Patrick Counties in the Commonwealth
of Virginia.
Membership within the ARC only makes counties eligible to
receive assistance under its programs. Each of these counties
borders the existing ARC, and each can benefit from the work
that the ARC does. There are pockets of distress in each of
these counties that have suffered from many of the same
economic forces that have plagued the rest of the ARC,
including a decline in manufacturing, low steel and coal
prices, and high outmigration.
Summary of the Legislation
SECTION 1. ADDITIONS TO APPALACHIAN REGION
This section adds additional counties to the Appalachian
Regional Commission. Included are Nicholas and Robertson
Counties in Kentucky; Ashtabula, Fayette, Mahoning, and
Trumbull Counties in Ohio; Giles, Lawrence, Lewis, and Lincoln
Counties in Tennessee; and Henry and Patrick Counties in
Virginia.
SECTION 2. AUTHORIZATION OF APPROPRIATIONS
This section increases the authorization level for the ARC
for each of the Fiscal Years 2004 through 2006 by $3 million.
Legislative History and Committee Consideration
Mr. LaTourette introduced H.R. 587 on February 5, 2003. On
September 24, 2003, the Subcommittee met in open session and
considered H.R. 587. An amendment offered by Mr. LaTourette to
add additional counties to the ARC was adopted by voice vote,
with a quorum present. On a motion by Ms. Norton, H.R. 587, as
amended, was ordered favorably reported to the Full Committee,
by voice vote, with a quorum present.
On October 1, 2003, the Full Committee considered H.R. 587,
as amended. An amendment offered by Mrs. Capito to increase the
authorization levels of the ARC was adopted by voice vote, with
a quorum present. A motion by Mr. LaTourette, to order H.R.
587, as amended, favorably reported to the House was agreed to
by the Full Committee unanimously, by voice vote, with a quorum
present. There were no recorded votes taken during Committee
consideration of H.R. 587.
Rollcall Votes
Clause 3(b) of rule XIII of the House of Representatives
requires each committee report to include the total number of
votes cast for and against on each rollcall vote on a motion to
report and on any amendment offered to the measure or matter,
and the names of those members voting for and against. There
were no rollcall votes taken during consideration of H.R. 587,
as amended.
Committee Oversight Findings
With respect to the requirements of clause 3(c)(1) of rule
XIII of the Rules of the House of Representatives, the
Committee's oversight findings and recommendations are
reflected in this report.
Cost of Legislation
Clause 3(c)(2) of rule XIII of the Rules of the House of
Representatives does not apply where a cost estimate and
comparison prepared by the Director of the Congressional Budget
Office under section 402 of the Congressional Budget Act of
1974 has been timely submitted prior to the filing of the
report and is included in the report. Such a cost estimate is
included in this report.
Compliance With House Rule XIII
1. With respect to the requirement of clause 3(c)(2) of
rule XIII of the Rules of the House of Representatives, and
308(a) of the Congressional Budget Act of 1974, the Committee
references the report of the Congressional Budget Office
included below.
2. With respect to the requirement of clause 3(c)(4) of
rule XIII of the Rules of the House of Representatives, the
performance goals and objectives of this legislation are to
reduce poverty by improving economic development opportunities
in the newly designated counties.
3. With respect to the requirement of clause 3(c)(3) of
rule XIII of the Rules of the House of Representatives and
section 402 of the Congressional Budget Act of 1974, the
Committee has received the following cost estimate for H.R. 587
from the Director of the Congressional Budget Office.
U.S. Congress,
Congressional Budget Office,
Washington, DC, October 8, 2003.
Hon. Don Young,
Chairman, Committee on Transportation and Infrastructure,
House of Representatives, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for H.R. 587, a bill to
amend title 40, United States Code, to make additions to the
Appalachian region, and for other purposes.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Lanette J.
Walker.
Sincerely,
Douglas Holtz-Eakin,
Director.
Enclosure.
H.R. 587--A bill to amend title 40, United States Code, to make
additions to the Appalachian region, and for other purposes
Summary: H.R. 587 would add certain counties in Kentucky,
Ohio, Tennessee, and Virginia to the Appalachian region and
would authorize such counties to receive assistance from the
Appalachian Regional Commission (ARC). ARC provides grants to
the 13 States in the Appalachian region to promote economic and
social development.
H.R. 587 also would authorize the appropriation of $3
million in each of fiscal years 2004, 2005, and 2006 for such
assistance. Based on historical spending patterns of ARC, CBO
estimates that implementing the bill would cost $7 million over
the 2004-2008 period, subject to appropriation of the specified
amounts. Enacting H.R. 587 would have no impact on direct
spending or revenues.
H.R. 587 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act (UMRA)
and would benefit State and local governments in the
Appalachian region.
Estimated cost to the Federal Government: The estimated
budgetary impact of H.R. 587 is shown in the following table.
The costs of this legislation fall within budget function 450
(community and regional development).
------------------------------------------------------------------------
By fiscal year, in millions of dollars--
-----------------------------------------
2003 2004 2005 2006 2007 2008
------------------------------------------------------------------------
SPENDING SUBJECT TO APPROPRIATION
Spending under current law for
the Appalachian Regional
Commission:
Authorization level \1\... 71 88 90 92 0 0
Estimated outlays......... 80 85 74 77 76 61
Proposed changes:
Authorization level....... 0 3 3 3 0 0
Estimated outlays......... 0 0 1 2 2 2
Spending under H.R. 587 for
the Appalachian Regional
Commission:
Authorization level \1\... 71 91 93 95 0 0
Estimated outlays......... 80 85 75 79 78 63
------------------------------------------------------------------------
\1\ The 2003 level is the amount appropriated for that year.
Basis of estimate: Under current law, ARC is authorized to
receive appropriations totaling $270 million over fiscal years
2004, 2005, and 2006. H.R. 587 would authorize the
appropriation of an additional $3 million in each of those
fiscal years for the ARC to make grants to the 13 states in the
Appalachian region for economic and social development
projects. Based on historical spending patterns, CBO estimates
that implementing H.R. 587 would cost $7 million over the five-
year period, subject to the appropriation of the specified
amounts.
Intergovernmental and private-sector impact: H.R. 587
contains no intergovernmental mandates or private-sector
mandates as defined in UMRA. New counties added to the
Appalachian region, along with other counties and states in
this region, would benefit from an increase in the
authorizations of appropriations of $9 million over fiscal
years 2004 through 2006 for a variety of grant programs. Any
costs to those governments would be incurred voluntarily as
conditions of receiving federal aid. This bill would not affect
the budgets of other state, local, or tribal governments.
Estimate prepared by: Federal Costs: Lanette J. Walker.
Impact on State, Local, and Tribal Governments: Melissa
Merrell. Impact on the Private Sector: Jean Talarico.
Estimate approved by: Peter H. Fontaine, Deputy Assistant
Director for Budget Analysis.
Constitutional Authority Statement
Pursuant to clause (3)(d)(1) of rule XIII of the Rules of
the House of Representatives, committee reports on a bill or
joint resolution of a public character shall include a
statement citing the specific powers granted to the Congress in
the Constitution to enact the measure. The Committee on
Transportation and Infrastructure finds that Congress has the
authority to enact this measure pursuant to its powers granted
under article I, section 8 of the Constitution.
Federal Mandates Statement
The Committee adopts as its own the estimate of federal
mandates prepared by the Director of the Congressional Budget
Office pursuant to section 423 of the Unfunded Mandates Reform
Act. (Public Law 104-4).
Preemption Clarification
Section 423 of the Congressional Budget Act of 1974
requires the report of any Committee on a bill or joint
resolution to include a statement on the extent to which the
bill or joint resolution is intended to preempt state, local,
or tribal law. The Committee states that H.R. 587 does not
preempt any state, local, or tribal law.
Advisory Committee Statement
No advisory committees within the meaning of section 5(b)
of the Federal Advisory Committee Act are created by this
legislation.
Applicability to the Legislative Branch
The Committee finds that the legislation does not relate to
the terms and conditions of employment or access to public
services or accommodations within the meaning of section
102(b)(3) of the Congressional Accountability Act. (Public Law
104-1).
Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, as reported, are shown as follows (existing law
proposed to be omitted is enclosed in black brackets, new
matter is printed in italic, existing law in which no change is
proposed is shown in roman):
TITLE 40, UNITED STATES CODE
* * * * * * *
SUBTITLE IV--APPALACHIAN REGIONAL DEVELOPMENT
* * * * * * *
CHAPTER 141--GENERAL PROVISIONS
* * * * * * *
Sec. 14102. Definitions
(a) Definitions.--In this subtitle--
(1) Appalachian region.--The term ``Appalachian
region'' means that area of the eastern United States
consisting of the following counties (including any
political subdivision located within the area):
(A) * * *
* * * * * * *
(C) In Kentucky, the counties of Adair, Bath,
Bell, Boyd, Breathitt, Carter, Casey, Clark,
Clay, Clinton, Cumberland, Edmonson, Elliott,
Estill, Fleming, Floyd, Garrard, Green,
Greenup, Harlan, Hart, Jackson, Johnson, Knott,
Knox, Laurel, Lawrence, Lee, Leslie, Letcher,
Lewis, Lincoln, McCreary, Madison, Magoffin,
Martin, Menifee, Monroe, Montgomery, Morgan,
Nicholas, Owsley, Perry, Pike, Powell, Pulaski,
Robertson, Rockcastle, Rowan, Russell, Wayne,
Whitley, and Wolfe.
* * * * * * *
(H) In Ohio, the counties of Adams,
Ashtabula, Athens, Belmont, Brown, Carroll,
Clermont, Columbiana, Coshocton, Fayette,
Gallia, Guernsey, Harrison, Highland, Hocking,
Holmes, Jackson, Jefferson, Lawrence, Mahoning,
Meigs, Monroe, Morgan, Muskingum, Noble, Perry,
Pike, Ross, Scioto, Trumbull, Tuscarawas,
Vinton, and Washington.
* * * * * * *
(K) In Tennessee, the counties of Anderson,
Bledsoe, Blount, Bradley, Campbell, Cannon,
Carter, Claiborne, Clay, Cocke, Coffee,
Cumberland, DeKalb, Fentress, Franklin, Giles,
Grainger, Greene, Grundy, Hamblen, Hamilton,
Hancock, Hawkins, Jackson, Jefferson, Johnson,
Knox, Lawrence, Lewis, Lincoln, Loudon, McMinn,
Macon, Marion, Meigs, Monroe, Morgan, Overton,
Pickett, Polk, Putnam, Rhea, Roane, Scott,
Sequatchie, Sevier, Smith, Sullivan, Unicoi,
Union, Van Buren, Warren, Washington, and
White.
(L) In Virginia, the counties of Alleghany,
Bath, Bland, Botetourt, Buchanan, Carroll,
Craig, Dickenson, Floyd, Giles, Grayson, Henry,
Highland, Lee, Montgomery, Patrick, Pulaski,
Rockbridge, Russell, Scott, Smyth, Tazewell,
Washington, Wise, and Wythe.
* * * * * * *
CHAPTER 147--MISCELLANEOUS
* * * * * * *
Sec. 14703. Authorization of appropriations
(a) In General.--In addition to amounts authorized by section
14501 of this title and other amounts made available for the
Appalachian development highway system program, the following
amounts may be appropriated to the Appalachian Regional
Commission to carry out this subtitle:
[(1) $88,000,000 for each of the fiscal years 2002-
2004.
[(2) $90,000,000 for fiscal year 2005.
[(3) $92,000,000 for fiscal year 2006.]
(1) $88,000,000 for each of fiscal years 2002 and
2003.
(2) $91,000,000 for fiscal year 2004.
(3) $93,000,000 for fiscal year 2005.
(4) $95,000,000 for fiscal year 2006.
* * * * * * *