[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[S. 1206 Enrolled Bill (ENR)]
S.1206
One Hundred Seventh Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Wednesday,
the twenty-third day of January, two thousand and two
An Act
To reauthorize the Appalachian Regional Development Act of 1965, and for
other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,

105a1804364cf7cf28313d66036e29779610218f2ef8165a9b06836066519691

This Act may be cited as the ``Appalachian Regional Development Act
Amendments of 2002''.

d3ee46208676c7c0c7e95f78dd66bfd46b62fab81182c7c0ca673ede6b74bf30

(a) This Act.--The purposes of this Act are--
(1) to reauthorize the Appalachian Regional Development Act of
1965 (40 U.S.C. App.); and
(2) to ensure that the people and businesses of the Appalachian
region have the knowledge, skills, and access to telecommunication
and technology services necessary to compete in the knowledge-based
economy of the United States.
(b) Appalachian Regional Development Act of 1965.--Section 2 of the
Appalachian Regional Development Act of 1965 (40 U.S.C. App.) is
amended--
(1) in subsection (b), by inserting after the third sentence
the following: ``Consistent with the goal described in the
preceding sentence, the Appalachian region should be able to take
advantage of eco-industrial development, which promotes both
employment and economic growth and the preservation of natural
resources.''; and
(2) in subsection (c)(2)(B)(ii), by inserting ``, including
eco-industrial development technologies'' before the semicolon.

fe5857977c52232b5e25fff99ea55d83f51badb8ff23a195c4b63d48d66904d4

Section 102(a) of the Appalachian Regional Development Act of 1965
(40 U.S.C. App.) is amended--
(1) in paragraph (5), by inserting ``, and support,'' after
``formation of'';
(2) in paragraph (7), by striking ``and'' at the end;
(3) in paragraph (8), by striking the period at the end and
inserting a semicolon; and
(4) by adding at the end the following:
``(9) encourage the use of eco-industrial development
technologies and approaches; and
``(10) seek to coordinate the economic development activities
of, and the use of economic development resources by, Federal
agencies in the region.''.

35f10ed1007f94c0b117f02218d728ecc063eeee9046849395999d15619d6645

Section 104 of the Appalachian Regional Development Act of 1965 (40
U.S.C. App.) is amended--
(1) by striking ``The President'' and inserting ``(a) In
General.--The President''; and
(2) by adding at the end the following:
``(b) Interagency Coordinating Council on Appalachia.--
``(1) Establishment.--In carrying out subsection (a), the
President shall establish an interagency council to be known as the
`Interagency Coordinating Council on Appalachia'.
``(2) Membership.--The Council shall be composed of--
``(A) the Federal Cochairman, who shall serve as
Chairperson of the Council; and
``(B) representatives of Federal agencies that carry out
economic development programs in the region.''.

a46e65125221ac1ebd42ffc66c0f368699bb6b8503f49a49776869724ebdaa6b

Title II of the Appalachian Regional Development Act of 1965 (40
U.S.C. App.) is amended by inserting after section 202 the following:
``SEC. 203. TELECOMMUNICATIONS AND TECHNOLOGY INITIATIVE.
``(a) In General.--The Commission may provide technical assistance,
make grants, enter into contracts, or otherwise provide funds to
persons or entities in the region for projects--
``(1) to increase affordable access to advanced
telecommunications, entrepreneurship, and management technologies
or applications in the region;
``(2) to provide education and training in the use of
telecommunications and technology;
``(3) to develop programs to increase the readiness of industry
groups and businesses in the region to engage in electronic
commerce; or
``(4) to support entrepreneurial opportunities for businesses
in the information technology sector.
``(b) Source of Funding.--
``(1) In general.--Assistance under this section may be
provided--
``(A) exclusively from amounts made available to carry out
this section; or
``(B) from amounts made available to carry out this section
in combination with amounts made available under any other
Federal program or from any other source.
``(2) Federal share requirements specified in other laws.--
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 determines to be appropriate.
``(c) Cost Sharing for Grants.--Not more than 50 percent (or 80
percent in the case of a project to be carried out in a county for
which a distressed county designation is in effect under section 226)
of the costs of any activity eligible for a grant under this section
may be provided from funds appropriated to carry out this section.''.

e9e2d7addf98d048f21fee770ab52fe10806f7536df8769089243367a92fd97a

Title II of the Appalachian Regional Development Act of 1965 (40
U.S.C. App.) is amended by inserting after section 203 (as added by
section 5) the following:
``SEC. 204. ENTREPRENEURSHIP INITIATIVE.
``(a) Definition of Business Incubator Service.--In this section,
the term `business incubator service' means a professional or technical
service necessary for the initiation and initial sustainment of the
operations of a newly established business, including a service such
as--
``(1) a legal service, including aid in preparing a corporate
charter, partnership agreement, or basic contract;
``(2) a service in support of the protection of intellectual
property through a patent, a trademark, or any other means;
``(3) a service in support of the acquisition and use of
advanced technology, including the use of Internet services and
Web-based services; and
``(4) consultation on strategic planning, marketing, or
advertising.
``(b) Projects To Be Assisted.--The Commission may provide
technical assistance, make grants, enter into contracts, or otherwise
provide funds to persons or entities in the region for projects--
``(1) to support the advancement of, and provide,
entrepreneurial training and education for youths, students, and
businesspersons;
``(2) to improve access to debt and equity capital by such
means as facilitating the establishment of development venture
capital funds;
``(3) to aid communities in identifying, developing, and
implementing development strategies for various sectors of the
economy; and
``(4)(A) to develop a working network of business incubators;
and
``(B) to support entities that provide business incubator
services.
``(c) Source of Funding.--
``(1) In general.--Assistance under this section may be
provided--
``(A) exclusively from amounts made available to carry out
this section; or
``(B) from amounts made available to carry out this section
in combination with amounts made available under any other
Federal program or from any other source.
``(2) Federal share requirements specified in other laws.--
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 determines to be appropriate.
``(d) Cost Sharing for Grants.--Not more than 50 percent (or 80
percent in the case of a project to be carried out in a county for
which a distressed county designation is in effect under section 226)
of the costs of any activity eligible for a grant under this section
may be provided from funds appropriated to carry out this section.''.

95220031b632ee8bb170f63018b37a43ca6a478d1ee2eebad4b13afe328f9cb4

Title II of the Appalachian Regional Development Act of 1965 (40
U.S.C. App.) is amended by inserting after section 204 (as added by
section 6) the following:
``SEC. 205. REGIONAL SKILLS PARTNERSHIPS.
``(a) Definition of Eligible Entity.--In this section, the term
`eligible entity' means a consortium that--
``(1) is established to serve 1 or more industries in a
specified geographic area; and
``(2) consists of representatives of--
``(A) businesses (or a nonprofit organization that
represents businesses);
``(B) labor organizations;
``(C) State and local governments; or
``(D) educational institutions.
``(b) Projects To Be Assisted.--The Commission may provide
technical assistance, make grants, enter into contracts, or otherwise
provide funds to eligible entities in the region for projects to
improve the job skills of workers for a specified industry, including
projects for--
``(1) the assessment of training and job skill needs for the
industry;
``(2) the development of curricula and training methods,
including, in appropriate cases, electronic learning or technology-
based training;
``(3)(A) the identification of training providers; and
``(B) the development of partnerships between the industry and
educational institutions, including community colleges;
``(4) the development of apprenticeship programs;
``(5) the development of training programs for workers,
including dislocated workers; and
``(6) the development of training plans for businesses.
``(c) Administrative Costs.--An eligible entity may use not more
than 10 percent of the funds made available to the eligible entity
under subsection (b) to pay administrative costs associated with the
projects described in subsection (b).
``(d) Source of Funding.--
``(1) In general.--Assistance under this section may be
provided--
``(A) exclusively from amounts made available to carry out
this section; or
``(B) from amounts made available to carry out this section
in combination with amounts made available under any other
Federal program or from any other source.
``(2) Federal share requirements specified in other laws.--
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 determines to be appropriate.
``(e) Cost Sharing for Grants.--Not more than 50 percent (or 80
percent in the case of a project to be carried out in a county for
which a distressed county designation is in effect under section 226)
of the costs of any activity eligible for a grant under this section
may be provided from funds appropriated to carry out this section.''.

8dcc37c250920a967fdd157960800906e9da179c84babea645e52346e6be1480

(a) Elimination of Growth Center Criteria.--Section 224(a)(1) of
the Appalachian Regional Development Act of 1965 (40 U.S.C. App.) is
amended by striking ``in an area determined by the State have a
significant potential for growth or''.
(b) Assistance to Distressed Counties and Areas.--Section 224 of
the Appalachian Regional Development Act of 1965 (40 U.S.C. App.) is
amended by adding at the end the following:
``(d) Assistance to Distressed Counties and Areas.--For fiscal year
2003 and each fiscal year thereafter, not less than 50 percent of the
amount of grant expenditures approved by the Commission shall support
activities or projects that benefit severely and persistently
distressed counties and areas.''.

beaefc6a1b718c7e8488c0822c750f3d2d0c420ed94db3b29a0b69062d65ce9e

DISTRICTS.
Section 302(a)(1)(A)(i) of the Appalachian Regional Development Act
of 1965 (40 U.S.C. App.) is amended by inserting ``(or, at the
discretion of the Commission, 75 percent of such expenses in the case
of a local development district that has a charter or authority that
includes the economic development of a county or part of a county for
which a distressed county designation is in effect under section 226)''
after ``such expenses''.

3d9061eb1f0651be1e4aec4c80081daad4bf752f4474f14b79c2df5b5bdfce83

Section 401 of the Appalachian Regional Development Act of 1965 (40
U.S.C. App.) is amended to read as follows:
``SEC. 401. AUTHORIZATION OF APPROPRIATIONS.
``(a) In General.--In addition to amounts authorized by section 201
and other amounts made available for the Appalachian development
highway system program, there are authorized to be appropriated to the
Commission to carry out this Act--
``(1) $88,000,000 for each of fiscal years 2002 through 2004;
``(2) $90,000,000 for fiscal year 2005; and
``(3) $92,000,000 for fiscal year 2006.
``(b) Telecommunications and Technology Initiative.--Of the amounts
made available under subsection (a), the following amounts may be made
available to carry out section 203:
``(1) $10,000,000 for fiscal year 2002.
``(2) $8,000,000 for fiscal year 2003.
``(3) $5,000,000 for each of fiscal years 2004 through 2006.
``(c) Availability.--Sums made available under subsection (a) shall
remain available until expended.''.

9d3eab5f3570c8a37d1caa14b31452449d1b8bae6c4fa394e879ddd616cdcca7

Section 403 of the Appalachian Regional Development Act of 1965 (40
U.S.C. App.) is amended--
(1) in the third undesignated paragraph (relating to
Kentucky)--
(A) by inserting ``Edmonson,'' after ``Cumberland,'';
(B) by inserting ``Hart,'' after ``Harlan,''; and
(C) by striking ``Montogomery,'' and inserting
``Montgomery,''; and
(2) in the fifth undesignated paragraph (relating to
Mississippi)--
(A) by inserting ``Montgomery,'' after ``Monroe,''; and
(B) by inserting ``Panola,'' after ``Oktibbeha,''.

1c4b53589ae4cdbe459b33d74b1bb36389b4371c0b6c8f5cef3e5c1ebcc73d4c

Section 405 of the Appalachian Regional Development Act of 1965 (40
U.S.C. App.) is amended by striking ``2001'' and inserting ``2006''.

c0a06ab7401e6f5c553d66b795cc19ccf8d60bf3a95a9c7323cdfe5abbeef6bd

(a) Section 101(b) of the Appalachian Regional Development Act of
1965 (40 U.S.C. App.) is amended in the third sentence by striking
``implementing investment program'' and inserting ``strategy
statement''.
(b) Section 106(7) of the Appalachian Regional Development Act of
1965 (40 U.S.C. App.) is amended by striking ``expiring no later than
September 30, 2001''.
(c) Sections 202, 214, and 302(a)(1)(C) of the Appalachian Regional
Development Act of 1965 (40 U.S.C. App.) are amended by striking
``grant-in-aid programs'' each place it appears and inserting ``grant
programs''.
(d) Section 202(a) of the Appalachian Regional Development Act of
1965 (40 U.S.C. App.) is amended in the second sentence by striking
``title VI of the Public Health Service Act (42 U.S.C. 291-291o), the
Mental Retardation Facilities and Community Mental Health Centers
Construction Act of 1963 (77 Stat. 282),'' and inserting ``title VI of
the Public Health Service Act (42 U.S.C. 291 et seq.), the
Developmental Disabilities Assistance and Bill of Rights Act of 2000
(42 U.S.C. 15001 et seq.),''.
(e) Section 207(a) of the Appalachian Regional Development Act of
1965 (40 U.S.C. App.) is amended by striking ``section 221 of the
National Housing Act, section 8 of the United States Housing Act of
1937, section 515 of the Housing Act of 1949,'' and inserting ``section
221 of the National Housing Act (12 U.S.C. 1715l), section 8 of the
United States Housing Act of 1937 (42 U.S.C. 1437f), section 515 of the
Housing Act of 1949 (42 U.S.C. 1485),''.
(f) Section 214 of the Appalachian Regional Development Act of 1965
(40 U.S.C. App.) is amended--
(1) in the section heading, by striking ``grant-in-aid'' and
inserting ``grant'';
(2) in subsection (a)--
(A) by striking ``grant-in-aid Act'' each place it appears
and inserting ``Act'';
(B) in the first sentence, by striking ``grant-in-aid
Acts'' and inserting ``Acts'';
(C) by striking ``grant-in-aid program'' each place it
appears and inserting ``grant program''; and
(D) by striking the third sentence;
(3) by striking subsection (c) and inserting the following:
``(c) Definition of Federal Grant Program.--
``(1) In general.--In this section, the term `Federal grant
program' means any Federal grant program authorized by this Act or
any other Act that provides assistance for--
``(A) the acquisition or development of land;
``(B) the construction or equipment of facilities; or
``(C) any other community or economic development or
economic adjustment activity.
``(2) Inclusions.--In this section, the term `Federal grant
program' includes a Federal grant program such as a Federal grant
program authorized by--
``(A) the Consolidated Farm and Rural Development Act (7
U.S.C. 1921 et seq.);
``(B) the Land and Water Conservation Fund Act of 1965 (16
U.S.C. 460l-4 et seq.);
``(C) the Watershed Protection and Flood Prevention Act (16
U.S.C. 1001 et seq.);
``(D) the Carl D. Perkins Vocational and Technical
Education Act of 1998 (20 U.S.C. 2301 et seq.);
``(E) the Federal Water Pollution Control Act (33 U.S.C.
1251 et seq.);
``(F) title VI of the Public Health Service Act (42 U.S.C.
291 et seq.);
``(G) sections 201 and 209 of the Public Works and Economic
Development Act of 1965 (42 U.S.C. 3141, 3149);
``(H) title I of the Housing and Community Development Act
of 1974 (42 U.S.C. 5301 et seq.); or
``(I) part IV of title III of the Communications Act of
1934 (47 U.S.C. 390 et seq.).
``(3) Exclusions.--In this section, the term `Federal grant
program' does not include--
``(A) the program for construction of the Appalachian
development highway system authorized by section 201;
``(B) any program relating to highway or road construction
authorized by title 23, United States Code; or
``(C) any other program under this Act or any other Act to
the extent that a form of financial assistance other than a
grant is authorized.''; and
(4) by striking subsection (d).
(g) Section 224(a)(2) of the Appalachian Regional Development Act
of 1965 (40 U.S.C. App.) is amended by striking ``relative per capita
income'' and inserting ``per capita market income''.
(h) Section 225 of the Appalachian Regional Development Act of 1965
(40 U.S.C. App.)--
(1) in subsection (a)(3), by striking ``development program''
and inserting ``development strategies''; and
(2) in subsection (c)(2), by striking ``development programs''
and inserting ``development strategies''.
(i) Section 303 of the Appalachian Regional Development Act of 1965
(40 U.S.C. App.) is amended--
(1) in the section heading, by striking ``investment programs''
and inserting ``strategy statements'';
(2) in the first sentence, by striking ``implementing
investments programs'' and inserting ``strategy statements''; and
(3) by striking ``implementing investment program'' each place
it appears and inserting ``strategy statement''.
(j) Section 403 of the Appalachian Regional Development Act of 1965
(40 U.S.C. App.) is amended in the next-to-last undesignated paragraph
by striking ``Committee on Public Works and Transportation'' and
inserting ``Committee on Transportation and Infrastructure''.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.

d4adfa766eed2cf29d532368c7c55332fd582efe6ba27f8d34e9b92f9b6ad7f6

Appalachian Regional Development Act Amendments of 2001 — S. 1206

Other Sections

Want the full experience?