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. ...


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        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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