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S. 1134 (pcs) To amend the Internal Revenue Code of 1986 to allow tax-free [Placed on Calendar Senate] ...


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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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