[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 1134 Enrolled Bill (ENR)]
S.1134
One Hundred Eighth Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Tuesday,
the twentieth day of January, two thousand and four
An Act
To reauthorize and improve the program authorized by the Public Works
and Economic Development Act of 1965.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,

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(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:

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965c91177506d346d246c05d8dc6a8f764629f42adf84d3a5e31dd28e46fd98c

TITLE IV

-ECONOMIC DEVELOPMENT DISTRICTS

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TITLE VI

-MISCELLANEOUS

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TITLE VII

-FUNDING

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.''.

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TITLE I

-GENERAL PROVISIONS

(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).''.

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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.

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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.''.

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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''.

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TITLE II

-GRANTS FOR PUBLIC WORKS AND ECONOMIC DEVELOPMENT

(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.''.

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(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).

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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.''.

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(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.''.

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(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.

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(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.''.

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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.''.

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(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.''.

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(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.''.

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(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.''.

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(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.''.

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(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.''.

dec1ece8d08995a3ffa8f6a904a9622913fbbb70bcc7011bfa7996fcd0ee976d

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)''.

50110c9e0fcb54d8269d89bbed5a4993c623d293c7e94ab351734ee5a9c7a229

TITLE III

-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.''.

32ecad0d67e7e1b6bc65e73655c0c1e42b22e147749485b21afba565c1d54677

(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.

ac1d6f7750ebbbfd4501a68550062c9957e21b0bb3ee327fba8905f8ed871f57

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.''.

3d9aa72dfca520b67ac76e94b3a285106a15c76d6938ed2853fdc516d83628ee

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.''.

236954c7ac6f2da008b6592ac06355a0e60ea17837751bf59ec1e5f94c0fe93a

TITLE V

-ADMINISTRATION

(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.

db01e585cafc94fd34f0f6a58ed9b8dc6836df471ec701e10d8a7006ac8be503

(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,''.

961e80582c3dab9f16b11e9954d3be204e3e8b48dc3f83f696cfae03fff9a040

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''.

6bf38eb8011e20480996ef69e33132d0ae733ea448eace26bda46aac40cd175c

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--
``(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.''.

4d6ee26087b56e9e034cfc4a9100fb3477e1716f46e8a410be35980f7528b51d

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.--''.

0ab4288a4fb9646e7144fc141c6d63bfa6e9410f2ccaf82710cfe28b6a32f425

(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.''.

197866e9b193a2ccf52c0b3fbc872e02542cb629495e1db3a9dedd211fd0e223

(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.''.

3379c11b53bc5a65068338af00128d407c29a38652f75e06885f4abff492baff

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.

e84033ac9acd8e0ff2aba2e01b598291ccfbf26ed2383a0356b7e6a0dcc46c7a

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.''.

ff3d5b3ee36918251436e06cb599574ea4bb38a1266f833a0fed719b4f200c95

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.''.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.

c5f64a5340916761b8014779b3bc065e76370db6380b05d35f640d5a5f4ff61a

Economic Development Administration Reauthorization Act of 2004

Other Sections