| Home > 105th Congressional Bills > S. 2364 (es) To reauthorize and make reforms to programs authorized by the Public Works and Economic Development Act of 1965 and the Appalachian Regional Development Act of 1965. ...
S. 2364 (es) To reauthorize and make reforms to programs authorized by the Public Works and Economic Development Act of 1965 and the Appalachian Regional Development Act of 1965. ...
S.2364 One Hundred Fifth Congress of the United States of America AT THE SECOND SESSION Begun and held at the City of Washington on Tuesday, the twenty-seventh day of January, one thousand nine hundred and ninety- eight An Act To reauthorize and make reforms to programs authorized by the Public Works and Economic Development Act of 1965 and the Appalachian Regional 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 and Appalachian Regional Development Reform Act of 1998''. (b) Table of Contents.--The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. TITLE I--ECONOMIC DEVELOPMENT Sec. 101. Short title. Sec. 102. Reauthorization of Public Works and Economic Development Act of 1965. Sec. 103. Conforming amendment. Sec. 104. Transition provisions. Sec. 105. Effective date. TITLE II--APPALACHIAN REGIONAL DEVELOPMENT Sec. 201. Short title. Sec. 202. Findings and purposes. Sec. 203. Meetings. Sec. 204. Administrative expenses. Sec. 205. Compensation of employees. Sec. 206. Administrative powers of Commission. Sec. 207. Cost sharing of demonstration health projects. Sec. 208. Repeal of land stabilization, conservation, and erosion control program. Sec. 209. Repeal of timber development program. Sec. 210. Repeal of mining area restoration program. Sec. 211. Repeal of water resource survey. Sec. 212. Cost sharing of housing projects. Sec. 213. Repeal of airport safety improvements program. Sec. 214. Cost sharing of vocational education and education demonstration projects. Sec. 215. Repeal of sewage treatment works program. Sec. 216. Repeal of amendments to Housing Act of 1954. Sec. 217. Supplements to Federal grant-in-aid programs. Sec. 218. Program development criteria. Sec. 219. Distressed and economically strong counties. Sec. 220. Grants for administrative expenses and commission projects. Sec. 221. Authorization of appropriations for general program. Sec. 222. Extension of termination date. Sec. 223. Technical amendment. TITLE I--ECONOMIC DEVELOPMENT SEC. 101. SHORT TITLE. This title may be cited as the ``Economic Development Administration Reform Act of 1998''. SEC. 102. REAUTHORIZATION OF PUBLIC WORKS AND ECONOMIC DEVELOPMENT ACT OF 1965. (a) First Section Through Title VI--The Public Works and Economic Development Act of 1965 (42 U.S.C. 3121 et seq.) is amended by striking the first section and all that follows through the end of title VI and inserting the following: ``SECTION 1. SHORT TITLE; TABLE OF CONTENTS. ``(a) Short Title.--This Act may be cited as the `Public Works and Economic Development Act of 1965'. ``(b) Table of Contents.--The table of contents of this Act is as follows: ``Sec. 1. Short title; table of contents. ``Sec. 2. Findings and declarations. ``Sec. 3. Definitions. ``TITLE I--ECONOMIC DEVELOPMENT PARTNERSHIPS COOPERATION AND COORDINATION ``Sec. 101. Establishment of economic development partnerships. ``Sec. 102. Cooperation of Federal agencies. ``Sec. 103. Coordination. ``TITLE II--GRANTS FOR PUBLIC WORKS AND ECONOMIC DEVELOPMENT ``Sec. 201. Grants for public works and economic development. ``Sec. 202. Base closings and realignments. ``Sec. 203. Grants for planning and grants for administrative expenses. ``Sec. 204. Cost sharing. ``Sec. 205. Supplementary grants. ``Sec. 206. Regulations on relative needs and allocations. ``Sec. 207. Grants for training, research, and technical assistance. ``Sec. 208. Prevention of unfair competition. ``Sec. 209. Grants for economic adjustment. ``Sec. 210. Changed project circumstances. ``Sec. 211. Use of funds in projects constructed under projected cost. ``Sec. 212. Reports by recipients. ``Sec. 213. Prohibition on use of funds for attorney's and consultant's fees. ``TITLE III--ELIGIBILITY; COMPREHENSIVE ECONOMIC DEVELOPMENT STRATEGIES ``Sec. 301. Eligibility of areas. ``Sec. 302. Comprehensive economic development strategies. ``TITLE IV--ECONOMIC DEVELOPMENT DISTRICTS ``Sec. 401. Designation of economic development districts. ``Sec. 402. Termination or modification of economic development districts. ``Sec. 403. Incentives. ``Sec. 404. Provision of comprehensive economic development strategies to Appalachian Regional Commission. ``Sec. 405. Assistance to parts of economic development districts not in eligible areas. ``TITLE V--ADMINISTRATION ``Sec. 501. Assistant Secretary for Economic Development. ``Sec. 502. Economic development information clearinghouse. ``Sec. 503. Consultation with other persons and agencies. ``Sec. 504. Administration, operation, and maintenance. ``Sec. 505. Businesses desiring Federal contracts. ``Sec. 506. Performance evaluations of grant recipients. ``Sec. 507. Notification of reorganization. ``TITLE VI--MISCELLANEOUS ``Sec. 601. Powers of Secretary. ``Sec. 602. Maintenance of standards. ``Sec. 603. Annual report to Congress. ``Sec. 604. Delegation of functions and transfer of funds among Federal agencies. ``Sec. 605. Penalties. ``Sec. 606. Employment of expediters and administrative employees. ``Sec. 607. Maintenance and public inspection of list of approved applications for financial assistance. ``Sec. 608. Records and audits. ``Sec. 609. Relationship to assistance under other law. ``Sec. 610. Acceptance of certifications by applicants. ``TITLE VII--FUNDING ``Sec. 701. General authorization of appropriations. ``Sec. 702. Authorization of appropriations for defense conversion activities. ``Sec. 703. Authorization of appropriations for disaster economic recovery activities. ``SEC. 2. FINDINGS AND DECLARATIONS. ``(a) Findings.--Congress finds that-- ``(1) while the economy of the United States is undergoing a sustained period of economic growth resulting in low unemployment and increasing incomes, there continue to be areas suffering economic distress in the form of high unemployment, low incomes, underemployment, and outmigration as well as areas facing sudden economic dislocations due to industrial restructuring and relocation, defense base closures and procurement cutbacks, certain Federal actions (including environmental requirements that result in the removal of economic activities from a locality), and natural disasters; ``(2) as the economy of the United States continues to grow, those distressed areas contain significant human and infrastructure resources that are underused; ``(3) expanding international trade and the increasing pace of technological innovation offer both a challenge and an opportunity to the distressed communities of the United States; ``(4) while economic development is an inherently local process, the Federal Government should work in partnership with public and private local, regional, and State organizations to ensure that existing resources are not wasted and all Americans have an opportunity to participate in the economic growth of the United States; ``(5) in order to avoid wasteful duplication of effort and to limit the burden on distressed communities, Federal, State, and local economic development activities should be better planned and coordinated and Federal program requirements should be simplified and made more consistent; ``(6) the goal of Federal economic development activities should be to work in partnership with local, regional, and State public and private organizations to support the development of private sector businesses and jobs in distressed communities; ``(7) Federal economic development efforts will be more effective if they are coordinated with, and build upon, the trade and technology programs of the United States; and ``(8) under this Act, new employment opportunities should be created by developing and expanding new and existing public works and other facilities and resources rather than by merely transferring jobs from one area of the United States to another. ``(b) Declarations.--Congress declares that, in order to promote a strong and growing economy throughout the United States-- ``(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, and the Federal Government to increase their capacity to develop and implement comprehensive economic development strategies to address existing, or deter impending, economic distress; and ``(3) whether suffering from long-term distress or a sudden dislocation, distressed communities should be encouraged to take advantage of the development opportunities afforded by technological innovation and expanding and newly opened global markets. ``SEC. 3. DEFINITIONS. ``In this Act: ``(1) Comprehensive economic development strategy.--The term `comprehensive economic development strategy' means a comprehensive economic development strategy approved by the Secretary under section 302. ``(2) Department.--The term `Department' means the Department of Commerce. ``(3) Economic development district.-- ``(A) In general.--The term `economic development district' means any area in the United States that-- ``(i) is composed of areas described in section 301(a) and, to the extent appropriate, neighboring counties or communities; and ``(ii) has been designated by the Secretary as an economic development district under section 401. ``(B) Inclusion.--The term `economic development district' includes any economic development district designated by the Secretary under section 403 (as in effect on the day before the effective date of the Economic Development Administration Reform Act of 1998). ``(4) Eligible recipient.-- ``(A) In general.--The term `eligible recipient' means-- ``(i) an area described in section 301(a); ``(ii) an economic development district; ``(iii) an Indian tribe; ``(iv) a State; ``(v) a city or other political subdivision of a State or a consortium of political subdivisions; ``(vi) an institution of higher education or a consortium of institutions of higher education; or ``(vii) a public or private nonprofit organization or association acting in cooperation with officials of a political subdivision of a State. ``(B) Training, research, and technical assistance grants.--In the case of grants under section 207, the term `eligible recipient' also includes private individuals and for- profit organizations. ``(5) Federal agency.--The term `Federal agency' means a department, agency, or instrumentality of the United States. ``(6) Grant.--The term `grant' includes a cooperative agreement (within the meaning of chapter 63 of title 31, United States Code). ``(7) Indian tribe.--The term `Indian tribe' means any Indian tribe, band, nation, pueblo, or other organized group or community, including any Alaska Native village or Regional Corporation (as defined in or established under the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.)), that is recognized as eligible for the special programs and services provided by the United States to Indians because of their status as Indians. ``(8) Secretary.--The term `Secretary' means the Secretary of Commerce. ``(9) State.--The term `State' means a State, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, the Republic of the Marshall Islands, the Federated States of Micronesia, and the Republic of Palau. ``(10) United states.--The term `United States' means all of the States. ``TITLE I--ECONOMIC DEVELOPMENT PARTNERSHIPS COOPERATION AND COORDINATION ``SEC. 101. ESTABLISHMENT OF ECONOMIC DEVELOPMENT PARTNERSHIPS. ``(a) In General.--In providing assistance under this title, the Secretary shall cooperate with States and other entities to ensure that, consistent with national objectives, Federal programs are compatible with and further the objectives of State, regional, and local economic development plans and comprehensive economic development strategies. ``(b) Technical Assistance.--The Secretary may provide such technical assistance to States, political subdivisions of States, sub-
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