| 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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