Home > 106th Congressional Bills > S. 1134 (pcs) To amend the Internal Revenue Code of 1986 to allow tax-free [Placed on Calendar Senate] ...S. 1134 (pcs) To amend the Internal Revenue Code of 1986 to allow tax-free [Placed on Calendar Senate] ...
108th CONGRESS
2d Session
S. 1134
_______________________________________________________________________
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,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Economic
Development Administration Reauthorization Act of 2004''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
TITLE I--GENERAL PROVISIONS
Sec. 101. Findings and declarations.
Sec. 102. Definitions.
Sec. 103. Establishment of Economic Development partnerships.
Sec. 104. Coordination.
TITLE II--GRANTS FOR PUBLIC WORKS AND ECONOMIC DEVELOPMENT
Sec. 201. Grants for planning.
Sec. 202. Cost sharing.
Sec. 203. Supplementary grants.
Sec. 204. Regulations on relative needs and allocations.
Sec. 205. Grants for training, research, and technical assistance.
Sec. 206. Prevention of unfair competition.
Sec. 207. Grants for economic adjustment.
Sec. 208. Use of funds in projects constructed under projected cost.
Sec. 209. Special impact areas.
Sec. 210. Performance awards.
Sec. 211. Planning performance awards.
Sec. 212. Direct expenditure or redistribution by recipient.
Sec. 213. Brightfields demonstration program.
TITLE III--COMPREHENSIVE ECONOMIC DEVELOPMENT STRATEGIES
Sec. 301. Eligibility of areas.
Sec. 302. Comprehensive Economic Development strategies.
TITLE IV--ECONOMIC DEVELOPMENT DISTRICTS
Sec. 401. Incentives.
Sec. 402. Provision of comprehensive Economic Development strategies to
Regional Commissions.
TITLE V--ADMINISTRATION
Sec. 501. Economic Development information clearinghouse.
Sec. 502. Businesses desiring Federal contracts.
Sec. 503. Performance evaluations of grant recipients.
Sec. 504. Conforming amendments.
TITLE VI--MISCELLANEOUS
Sec. 601. Annual report to Congress.
Sec. 602. Relationship to assistance under other law.
Sec. 603. Brownfields redevelopment report.
Sec. 604. Savings clause
Sec. 605. Sense of Congress regarding Economic Development
Representatives.
TITLE VII--FUNDING
Sec. 701. Authorization of appropriations.
Sec. 702. Funding for grants for planning and grants for administrative
expenses.
TITLE I--GENERAL PROVISIONS
SEC. 101. FINDINGS AND DECLARATIONS.
Section 2 of the Public Works and Economic Development Act of 1965
(42 U.S.C. 3121) is amended to read as follows:
``SEC. 2. FINDINGS AND DECLARATIONS.
``(a) Findings.--Congress finds that--
``(1) there continue to be areas of the United States
experiencing chronic high unemployment, underemployment,
outmigration, and low per capita incomes, as well as areas
facing sudden and severe economic dislocations because of
structural economic changes, changing trade patterns, certain
Federal actions (including environmental requirements that
result in the removal of economic activities from a locality),
and natural disasters;
``(2) economic growth in the States, cities, and rural
areas of the United States is produced by expanding economic
opportunities, expanding free enterprise through trade,
developing and strengthening public infrastructure, and
creating a climate for job creation and business development;
``(3) the goal of Federal economic development programs is
to raise the standard of living for all citizens and increase
the wealth and overall rate of growth of the economy by
encouraging communities to develop a more competitive and
diversified economic base by--
``(A) creating an environment that promotes
economic activity by improving and expanding public
infrastructure;
``(B) promoting job creation through increased
innovation, productivity, and entrepreneurship; and
``(C) empowering local and regional communities
experiencing chronic high unemployment and low per
capita income to develop private sector business and
attract increased private sector capital investment;
``(4) while economic development is an inherently local
process, the Federal Government should work in partnership with
public and private State, regional, tribal, and local
organizations to maximize the impact of existing resources and
enable regions, communities, and citizens to participate more
fully in the American dream and national prosperity;
``(5) in order to avoid duplication of effort and achieve
meaningful, long-lasting results, Federal, State, tribal, and
local economic development activities should have a clear
focus, improved coordination, a comprehensive approach, and
simplified and consistent requirements; and
``(6) Federal economic development efforts will be more
effective if the efforts are coordinated with, and build upon,
the trade, workforce investment, transportation, and technology
programs of the United States.
``(b) Declarations.--In order to promote a strong and growing
economy throughout the United States, Congress declares that--
``(1) assistance under this Act should be made available to
both rural- and urban-distressed communities;
``(2) local communities should work in partnership with
neighboring communities, the States, Indian tribes, and the
Federal Government to increase the capacity of the local
communities to develop and implement comprehensive economic
development strategies to alleviate economic distress and
enhance competitiveness in the global economy;
``(3) whether suffering from long-term distress or a sudden
dislocation, distressed communities should be encouraged to
support entrepreneurship to take advantage of the development
opportunities afforded by technological innovation and
expanding newly opened global markets; and
``(4) assistance under this Act should be made available to
promote the productive reuse of abandoned industrial facilities
and the redevelopment of brownfields.''.
SEC. 102. DEFINITIONS.
(a) Eligible Recipient.--Section 3(4)(A) of the Public Works and
Economic Development Act of 1965 (42 U.S.C. 3122(4)(A)) is amended--
(1) by striking clause (i) and redesignating clauses (ii)
through (vii) as clauses (i) through (vi), respectively; and
(2) in clause (iv) (as redesignated by paragraph (1)) by
inserting ``, including a special purpose unit of a State or
local government engaged in economic or infrastructure
development activities,'' after ``State''.
(b) Regional Commissions; University Center.--Section 3 of the
Public Works and Economic Development Act of 1965 (42 U.S.C. 3122) is
amended--
(1) by redesignating paragraphs (8), (9), and (10) as
paragraphs (9), (10), and (11), respectively;
(2) by inserting after paragraph (7) the following:
``(8) Regional commissions.--The term `Regional
Commissions' means--
``(A) the Appalachian Regional Commission
established under chapter 143 of title 40, United
States Code;
``(B) the Delta Regional Authority established
under subtitle F of the Consolidated Farm and Rural
Development Act (7 U.S.C. 2009aa et seq.);
``(C) the Denali Commission established under the
Denali Commission Act of 1998 (42 U.S.C. 3121 note; 112
Stat. 2681-637 et seq.); and
``(D) the Northern Great Plains Regional Authority
established under subtitle G of the Consolidated Farm
and Rural Development Act (7 U.S.C. 2009bb et seq.).'';
and
(3) by adding at the end the following:
``(12) University center.--The term `university center'
means an institution of higher education or a consortium of
institutions of higher education established as a University
Center for Economic Development under section 207(a)(2)(D).''.
SEC. 103. ESTABLISHMENT OF ECONOMIC DEVELOPMENT PARTNERSHIPS.
Section 101 of the Public Works and Economic Development Act of
1965 (42 U.S.C. 3131) is amended--
(1) in subsection (b), by striking ``and multi-State
regional organizations'' and inserting ``multi-State regional
organizations, and nonprofit organizations''; and
(2) in subsection (d)(1), by striking ``adjoining'' each
place it appears.
SEC. 104. COORDINATION.
Section 103 of the Public Works and Economic Development Act of
1965 (42 U.S.C. 3132) is amended--
(1) by inserting ``(a) In General.--'' before ``The
Secretary'';
(2) in subsection (a) (as designated by paragraph (1)), by
inserting ``Indian tribes,'' after ``districts,''; and
(3) by adding at the end the following:
``(b) Meetings.--To carry out subsection (a), or for any other
purpose relating to economic development activities, the Secretary may
convene meetings with Federal agencies, State and local governments,
economic development districts, Indian tribes, and other appropriate
planning and development organizations.''.
TITLE II--GRANTS FOR PUBLIC WORKS AND ECONOMIC DEVELOPMENT
SEC. 201. GRANTS FOR PLANNING.
Section 203(d) of the Public Works and Economic Development Act of
1965 (42 U.S.C. 3143(d)) is amended--
(1) in paragraph (1), by inserting ``, to the maximum
extent practicable,'' after ``developed'' the second place it
appears;
(2) by striking paragraph (3) and inserting the following:
``(3) Coordination.--Before providing assistance for a
State plan under this section, the Secretary shall consider the
extent to which the State will consider local and economic
development district plans.''; and
(3) in paragraph (4)--
(A) by striking ``and'' at the end of subparagraph
(C);
(B) by redesignating subparagraph (D) as
subparagraph (F); and
(C) by adding after subparagraph (C) the following:
``(D) assist in carrying out the workforce
investment strategy of a State;
``(E) promote the use of technology in economic
development, including access to high-speed
telecommunications; and''.
SEC. 202. COST SHARING.
(a) Federal Share.--Section 204 of the Public Works and Economic
Development Act of 1965 (42 U.S.C. 3144) is amended by striking
subsection (a) and inserting the following:
``(a) Federal Share.--Except as provided in subsection (c), the
Federal share of the cost of any project carried out under this title
shall not exceed--
``(1) 50 percent; plus
``(2) an additional percent that--
``(A) shall not exceed 30 percent; and
``(B) is based on the relative needs of the area in
which the project will be located, as determined in
accordance with regulations promulgated by the
Secretary.''.
(b) Non-Federal Share.--Section 204(b) of the Public Works and
Economic Development Act of 1965 (42 U.S.C. 3144(b)) is amended by
inserting ``assumptions of debt,'' after ``equipment,''.
(c) Increase in Federal Share.--Section 204 of the Public Works and
Economic Development Act of 1965 (42 U.S.C. 3144) is amended by adding
at the end the following:
``(c) Increase in Federal Share.--
``(1) Indian tribes.--In the case of a grant to an Indian
tribe for a project under this title, the Secretary may
increase the Federal share above the percentage specified in
subsection (a) up to 100 percent of the cost of the project.
``(2) Certain states, political subdivisions, and nonprofit
organizations.--In the case of a grant to a State, or a
political subdivision of a State, that the Secretary determines
has exhausted the effective taxing and borrowing capacity of
the State or political subdivision, or in the case of a grant
to a nonprofit organization that the Secretary determines has
exhausted the effective borrowing capacity of the nonprofit
organization, the Secretary may increase the Federal share
above the percentage specified in subsection (a) up to 100
percent of the cost of the project.
``(3) Training, research, and technical assistance.--In the
case of a grant provided under section 207, the Secretary may
increase the Federal share above the percentage specified in
subsection (a) up to 100 percent of the cost of the project if
the Secretary determines that the project funded by the grant
merits, and is not feasible without, such an increase.''.
SEC. 203. SUPPLEMENTARY GRANTS.
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