IB 

Union Calendar No. 137

108TH CONGRESS 

1ST SESSION H. R. 2535

[Report No. 108–242, Part I] 

To reauthorize and improve the program authorized by the Public Works 

and Economic Development Act of 1965. 

IN THE HOUSE OF REPRESENTATIVES 

JUNE 19, 2003

Mr. LATOURETTE (for himself, Ms. NORTON, Mr. YOUNG of Alaska, and Mr. 

OBERSTAR) introduced the following bill; which was referred to the Committee on Transportation and Infrastructure, and in addition to the Committee on Financial Services, for a period to be subsequently determined 

by the Speaker, in each case for consideration of such provisions as fall 

within the jurisdiction of the committee concerned 

JULY 25, 2003 

Reported from the Committee on Transportation and Infrastructure with an 

amendment 

[Strike out all after the enacting clause and insert the part printed in italic] 

JULY 25, 2003

Referral to the Committee on Financial Services extended for a period ending 

not later than September 2, 2003

SEPTEMBER 2, 2003

Additional sponsors: Mr. HALL, Mr. MCHUGH, and Mr. ACEVEDO-VILA ́

SEPTEMBER 2, 2003

Committee on Financial Services discharged; committed to the Committee of 

the Whole House on the State of the Union and ordered to be printed 
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[For text of introduced bill, see copy of bill as introduced on June 19, 2003] 

A BILL

To reauthorize and improve the program authorized by the 

Public Works and Economic Development Act of 1965.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

4 (a) SHORT TITLE.—This Act may be cited as the 

5 ‘‘Economic Development Administration Reauthorization 

6 Act of 2003’’. 

7 (b) TABLE OF CONTENTS.—

Sec. 1. Short title; table of contents. 

Sec. 2. Amendments to Public Works and Economic Development Act of 1965. 

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. Subgrants. 

Sec. 213. Brownfields redevelopment. 

Sec. 214. Brightfields demonstration program. 
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TITLE III—COMPREHENSIVE ECONOMIC DEVELOPMENT 

STRATEGIES 

Sec. 301. 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. Relationship to assistance under other law. 

Sec. 602. Sense of Congress regarding economic development representatives. 

TITLE VII—FUNDING 

Sec. 701. Authorization of appropriations.

1 SEC. 2. AMENDMENTS TO PUBLIC WORKS AND ECONOMIC 

2 DEVELOPMENT ACT OF 1965. 

3 Except as otherwise expressly provided, whenever in 

4 this Act an amendment or repeal is expressed in terms of 

5 an amendment to, or a repeal of, a section or other provi6 sion, the reference shall be considered to be made to a section 

7 or other provision of the Public Works and Economic Devel8 opment Act of 1965 (42 U.S.C. 3121 et seq.). 

9 TITLE I—GENERAL PROVISIONS 

10 SEC. 101. FINDINGS AND DECLARATIONS. 

11 Section 2 (42 U.S.C. 3121) is amended to read as fol12 lows: 

13 ‘‘SEC. 2. FINDINGS AND DECLARATIONS. 

14 ‘‘(a) FINDINGS.—Congress finds the following: 
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1 ‘‘(1) There continue to be areas experiencing 

2 chronic high unemployment, underemployment, out3 migration, and low per capita incomes, as well as 

4 areas facing sudden and severe economic dislocations 

5 due to structural economic changes, changing trade 

6 patterns, certain Federal actions (including environ7 mental requirements that result in the removal of eco8 nomic activities from a locality), and natural disas9 ters. 

10 ‘‘(2) Economic growth in our Nation, States, cit11 ies, and rural areas is produced by expanding eco12 nomic opportunities, expanding free enterprise 

13 through trade, developing and strengthening public 

14 infrastructure, and creating a climate for job creation 

15 and business development. 

16 ‘‘(3) The goal of Federal economic development 

17 programs is to raise the standard of living for all 

18 citizens and increase the wealth and overall rate of 

19 growth of the economy by encouraging communities to 

20 develop a more competitive and diversified economic 

21 base by—

22 ‘‘(A) creating an environment that promotes 

23 economic activity by improving and expanding 

24 public infrastructure; 
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1 ‘‘(B) promoting job creation through in2 creased innovation, productivity, and entrepre3 neurship; and 

4 ‘‘(C) empowering local and regional com5 munities experiencing chronic high unemploy6 ment and low per capita income to develop pri7 vate sector business and attract increased private 

8 sector capital investment.

9 ‘‘(4) While economic development is an inher10 ently local process, the Federal Government should 

11 work in partnership with public and private local, re12 gional, tribal, and State organizations to maximize 

13 the impact of existing resources and enable regions, 

14 communities, and citizens to participate more fully 

15 in the American dream and national prosperity. 

16 ‘‘(5) In order to avoid duplication of effort and 

17 achieve meaningful, long-lasting results, Federal, 

18 State, tribal, and local economic development activi19 ties should have a clear focus, improved coordination, 

20 a comprehensive approach, and simplified and con21 sistent requirements. 

22 ‘‘(6) Federal economic development efforts will be 

23 more effective if they are coordinated with, and build 

24 upon, the trade, workforce investment, transportation, 

25 and technology programs of the United States. 
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1 ‘‘(b) DECLARATIONS.—In order to promote a strong 

2 and growing economy throughout the United States, Con3 gress declares the following: 

4 ‘‘(1) Assistance under this Act should be made 

5 available to both rural- and urban-distressed commu6 nities. 

7 ‘‘(2) Local communities should work in partner8 ship with neighboring communities, the States, In9 dian tribes, and the Federal Government to increase 

10 their capacity to develop and implement comprehen11 sive economic development strategies to alleviate eco12 nomic distress and enhance competitiveness in the 

13 global economy. 

14 ‘‘(3) Whether suffering from long-term distress or 

15 a sudden dislocation, distressed communities should 

16 be encouraged to support entrepreneurship to take ad17 vantage of the development opportunities afforded by 

18 technological innovation and expanding newly opened 

19 global markets.’’. 

20 SEC. 102. DEFINITIONS. 

21 (a) ELIGIBLE RECIPIENT.—Section 3(4)(A) (42 

22 U.S.C. 3122(4)(A)) is amended—

23 (1) by striking clause (i) and redesignating 

24 clauses (ii) through (vii) as clauses (i) through (vi), 

25 respectively; and 
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1 (2) in clause (iv) (as so redesignated) by insert2 ing ‘‘, including a special purpose unit of a State or 

3 local government engaged in economic or infrastruc4 ture development activities,’’ after ‘‘State’’. 

5 (b) REGIONAL COMMISSIONS.—Section 3 (42 U.S.C. 

6 3122) is amended—

7 (1) by redesignating paragraphs (8), (9), and 

8 (10) as paragraphs (9), (10), and (11), respectively; 

9 and 

10 (2) by inserting after paragraph (7) the fol11 lowing: 

12 ‘‘(8) REGIONAL COMMISSIONS.—The term ‘Re13 gional Commissions’ means the following entities: 

14 ‘‘(A) The Appalachian Regional Commis15 sion established under chapter 143 of title 40, 

16 United States Code. 

17 ‘‘(B) The Delta Regional Authority estab18 lished under subtitle F of the Consolidated Farm 

19 and Rural Development Act (7 U.S.C. 2009aa et 

20 seq.). 

21 ‘‘(C) The Denali Commission established 

22 under the Denali Commission Act of 1998 (42 

23 U.S.C. 2131 note; 112 Stat. 2681–637 et seq.). 

24 ‘‘(D) The Northern Great Plains Regional 

25 Authority established under subtitle F of the 
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1 Consolidated Farm and Rural Development Act 

2 (7 U.S.C. 2009bb et seq.).’’. 

3 (c) UNIVERSITY CENTER.—Section 3 (42 U.S.C. 3122) 

4 is amended by adding at the end the following: 

5 ‘‘(12) UNIVERSITY CENTER.—The term ‘univer6 sity center’ means an institution of higher education 

7 or a consortium of institutions of higher education es8 tablished as a University Center for Economic Devel9 opment under section 207(a)(2)(D).’’. 

10 SEC. 103. ESTABLISHMENT OF ECONOMIC DEVELOPMENT 

11 PARTNERSHIPS. 

12 Section 101 (42 U.S.C. 3131) is amended—

13 (1) in subsection (b) by striking ‘‘and multi14 State regional organizations’’ and inserting ‘‘multi15 State regional organizations, and nonprofit organiza16 tions’’; and 

17 (2) in subsection (d)(1) by striking ‘‘adjoining’’ 

18 each place it appears. 

19 SEC. 104. COORDINATION. 

20 Section 103 (42 U.S.C. 3132) is amended—

21 (1) by inserting ‘‘(a) IN GENERAL.—’’ before 

22 ‘‘The Secretary’’; 

23 (2) in subsection (a) (as so designated) by insert24 ing ‘‘Indian tribes,’’ after ‘‘districts,’’; and 

25 (3) by adding at the end the following: 
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1 ‘‘(b) MEETINGS.—To carry out the responsibilities in 

2 subsection (a), or for any other purpose related to economic 

3 development activities, the Secretary may convene meetings 

4 with Federal agencies, State and local governments, eco5 nomic development districts, Indian tribes, and other ap6 propriate planning and development organizations.’’. 

7 TITLE II—GRANTS FOR PUBLIC 

8 WORKS AND ECONOMIC DE9 VELOPMENT 

10 SEC. 201. GRANTS FOR PLANNING. 

11 Section 203(d) (42 U.S.C. 3143(d)) is amended—

12 (1) in paragraph (1) by inserting ‘‘, to the max13 imum extent practicable,’’ after ‘‘developed’’ the sec14 ond place it appears; 

15 (2) by striking paragraph (3) and inserting the 

16 following: 

17 ‘‘(3) COORDINATION.—Before providing assist18 ance for a State plan under this section, the Secretary 

19 shall consider the extent to which the State will con20 sider local and economic development district plans.’’; 

21 and 

22 (3) in paragraph (4)—

23 (A) by striking ‘‘and’’ at the end of sub24 paragraph (C); 
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1 (B) by redesignating subparagraph (D) as 

2 subparagraph (E); and 

3 (C) by adding after subparagraph (C) the 

4 following: 

5 ‘‘(D) assist in carrying out a State’s work6 force investment strategy; and’’.

7 SEC. 202. COST SHARING. 

8 (a) FEDERAL SHARE.—Section 204(a) (42 U.S.C. 

9 3144(a)) is amended to read as follows: 

10 ‘‘(a) FEDERAL SHARE.—The Secretary shall issue reg11 ulations to establish the Federal share of the cost of projects 

12 carried out under this title based on the relative needs of 

13 the areas in which the projects will be located. Except as 

14 provided in subsection (c), the Federal share of the cost of 

15 any project carried out under this title shall not exceed 80 

16 percent.’’. 

17 (b) NON-FEDERAL SHARE.—Section 204(b) (42 U.S.C. 

18 3144(b)) is amended by inserting ‘‘assumptions of debt,’’ 

19 after ‘‘equipment,’’. 

20 (c) INCREASE IN FEDERAL SHARE.—Section 204 (42 

21 U.S.C. 3144) is amended by adding at the end the following: 

22 ‘‘(c) INCREASE IN FEDERAL SHARE.—

23 ‘‘(1) INDIAN TRIBES.—In the case of a grant to 

24 an Indian tribe for a project under this title, the Sec25 retary may increase the Federal share above the per-
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1 centage specified in subsection (a) up to 100 percent 

2 of the cost of the project. 

3 ‘‘(2) CERTAIN STATES, POLITICAL SUBDIVISIONS, 

4 AND NONPROFIT ORGANIZATIONS.—In the case of a 

5 grant to a State, or a political subdivision of a State, 

6 that the Secretary determines has exhausted its effec7 tive taxing and borrowing capacity, or in the case of 

8 a grant to a nonprofit organization that the Sec9 retary determines has exhausted its effective bor10 rowing capacity, the Secretary may increase the Fed11 eral share above the percentage specified in subsection 

12 (a) up to 100 percent of the cost of the project.’’. 

13 (d) PLANNING GRANTS.—Section 204 (42 U.S.C. 3144) 

14 is further amended by adding at the end the following: 

15 ‘‘(d) PLANNING GRANTS.—Notwithstanding subsection 

16 (a), the Federal share of the costs of planning activities 

17 under section 203 shall be at least 65 percent and not more 

18 than 80 percent.’’. 

19 SEC. 203. SUPPLEMENTARY GRANTS. 

20 (a) IN GENERAL.—Section 205(b) (42 U.S.C. 3145(b)) 

21 is amended to read as follows: 

22 ‘‘(b) SUPPLEMENTARY GRANTS.—Subject to subsection 

23 (c), in order to assist eligible recipients in taking advantage 

24 of designated Federal grant programs, on the application 

25 of an eligible recipient, the Secretary may make a supple-
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1 mentary grant for a project for which the recipient is eligi2 ble but for which the recipient cannot provide the required 

3 non-Federal share because of the recipient’s economic situa4 tion.’’. 

5 (b) REQUIREMENTS APPLICABLE TO SUPPLEMENTARY

6 GRANTS.—Section 205(c) (42 U.S.C. 3145(c)) is amend7 ed—

8 (1) by striking paragraphs (1) and (2) and in9 serting the following: 

10 ‘‘(1) AMOUNT OF SUPPLEMENTARY GRANTS.—

11 The share of the project cost supported by a supple12 mentary grant under this section may not exceed the 

13 applicable Federal share under section 204. 

14 ‘‘(2) FORM OF SUPPLEMENTARY GRANTS.—The 

15 Secretary shall make supplementary grants by—

16 ‘‘(A) the payment of funds made available 

17 under this Act to the heads of the Federal agen18 cies responsible for carrying out the applicable 

19 Federal programs; or 

20 ‘‘(B) the award of funds under this Act, 

21 which will be combined with funds transferred 

22 from other Federal agencies in projects adminis23 tered by the Secretary.’’; and 

24 (2) by striking paragraph (4). 
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1 SEC. 204. REGULATIONS ON RELATIVE NEEDS AND ALLOCA2 TIONS. 

3 Section 206 (42 U.S.C. 3146) is amended—

4 (1) by striking ‘‘and’’ at the end of paragraph 

5 (1)(B); 

6 (2) by striking the period at the end of para7 graph (2) and inserting ‘‘; and’’; and 

8 (3) by adding at the end the following: 

9 ‘‘(3) grants made under this title promote job 

10 creation and will have a high probability of meeting 

11 or exceeding applicable performance requirements es12 tablished in connection with the grants.’’. 

13 SEC. 205. GRANTS FOR TRAINING, RESEARCH, AND TECH14 NICAL ASSISTANCE. 

15 (a) IN GENERAL.—Section 207(a)(2) (42 U.S.C. 

16 3147(a)(2)) is amended—

17 (1) by striking ‘‘and’’ at the end of subpara18 graph (F); 

19 (2) by redesignating subparagraph (G) as sub20 paragraph (H); and 

21 (3) by inserting after subparagraph (F) the fol22 lowing: 

23 ‘‘(G) studies that evaluate the effectiveness 

24 of coordinating projects funded under this Act 

25 with projects funded under other Acts; and’’. 
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1 (b) COOPERATION REQUIREMENT.—Section 207(a) (42 

2 U.S.C. 3147(a)) is amended by adding at the end the fol3 lowing: 

4 ‘‘(4) COOPERATION REQUIREMENT.—In the case 

5 of a project assisted under this section that is na6 tional or regional in scope, the Secretary may waive 

7 the provision in section 3(4)(A)(vi) requiring a non8 profit organization or association to act in coopera9 tion with officials of a political subdivision of a 

10 State.’’. 

11 SEC. 206. PREVENTION OF UNFAIR COMPETITION. 

12 Section 208 (42 U.S.C. 3148), and the item relating 

13 to section 208 in the table of contents contained in section 

14 1(b), are repealed. 

15 SEC. 207. GRANTS FOR ECONOMIC ADJUSTMENT. 

16 (a) DIRECT EXPENDITURE OR REDISTRIBUTION BY

17 RECIPIENT.—Section 209(d) (42 U.S.C. 3149(d)) is amend18 ed by striking ‘‘an eligible recipient’’ each place it appears 

19 and inserting ‘‘a recipient’’. 

20 (b) SPECIAL PROVISIONS RELATING TO REVOLVING

21 LOAN FUND GRANTS.—Section 209 (42 U.S.C. 3149) is 

22 amended by adding at the end the following: 

23 ‘‘(e) SPECIAL PROVISIONS RELATING TO REVOLVING

24 LOAN FUND GRANTS.—
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1 ‘‘(1) IN GENERAL.—The Secretary shall issue 

2 regulations to maintain the proper operation and fi3 nancial integrity of revolving loan funds established 

4 by recipients with assistance under this section. 

5 ‘‘(2) EFFICIENT ADMINISTRATION.—The Sec6 retary may—

7 ‘‘(A) at the request of a grantee, amend and 

8 consolidate grant agreements governing revolving

9 loan funds to provide flexibility with respect to 

10 lending areas and borrower criteria; 

11 ‘‘(B) assign or transfer assets of a revolving 

12 loan fund to a third party for the purpose of liq13 uidation, and a third party may retain assets of 

14 the fund to defray costs related to liquidation; 

15 and 

16 ‘‘(C) take such actions as are appropriate to 

17 enable revolving loan fund operators to sell or 

18 securitize loans (except that the actions may not 

19 include issuance of a Federal guaranty by the 

20 Secretary). 

21 ‘‘(3) TREATMENT OF ACTIONS.—An action taken 

22 by the Secretary under this subsection with respect to 

23 a revolving loan fund shall not constitute a new obli24 gation if all grant funds associated with the original 

25 grant award have been disbursed to the recipient.’’. 
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1 SEC. 208. USE OF FUNDS IN PROJECTS CONSTRUCTED 

2 UNDER PROJECTED COST. 

3 Section 211 (42 U.S.C. 3151) is amended to read as 

4 follows: 

5 ‘‘SEC. 211. USE OF FUNDS IN PROJECTS CONSTRUCTED 

6 UNDER PROJECTED COST. 

7 ‘‘(a) IN GENERAL.—In the case of a grant to a recipi8 ent for a construction project under section 201 or 209, if 

9 the Secretary determines, before closeout of the project, that 

10 the cost of the project, based on the designs and specifica11 tions that were the basis of the grant, has decreased because 

12 of decreases in costs, the Secretary may approve, without 

13 further appropriations action, the use of the excess funds 

14 (or a portion of the excess funds) by the recipient to increase 

15 the Federal share of the cost of a project under this title 

16 to the maximum percentage allowable under section 204 or 

17 to improve the project. 

18 ‘‘(b) OTHER USES OF EXCESS FUNDS.—Any amount 

19 of excess funds remaining after application of subsection (a) 

20 may be used by the Secretary for providing assistance under 

21 this Act. 

22 ‘‘(c) TRANSFERRED FUNDS.—In the case of excess 

23 funds described in subsection (a) in projects utilizing funds 

24 transferred from other Federal agencies pursuant to section 

25 604, the Secretary shall—
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1 ‘‘(1) utilize the funds in accordance with sub2 section (a), with the approval of the originating agen3 cy; or 

4 ‘‘(2) return the funds to the originating agen5 cy.’’. 

6 SEC. 209. SPECIAL IMPACT AREAS. 

7 (a) IN GENERAL.—Title II (42 U.S.C. 3141 et seq.) 

8 is amended by adding at the end the following: 

9 ‘‘SEC. 214. SPECIAL IMPACT AREAS. 

10 ‘‘(a) IN GENERAL.—On the application of an eligible 

11 recipient, the Secretary may determine that the recipient 

12 is unable to comply with the requirements of section 302 

13 and designate the area represented by the recipient as a 

14 special impact area. 

15 ‘‘(b) WAIVERS.—Subject to the requirements of this sec16 tion, the Secretary may waive, in whole or in part, as ap17 propriate, the requirements of section 302 with respect to 

18 a special impact area designated under subsection (a) if 

19 the Secretary determines that the waiver will carry out the 

20 purposes of the Act. 

21 ‘‘(c) NOTIFICATION REQUIREMENT.—At least 30 days 

22 before issuing a waiver under this section, the Secretary 

23 shall transmit to the Committee on Transportation and In24 frastructure of the House of Representatives and the Com25 mittee on Environment and Public Works of the Senate a 
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1 written notice of the waiver, including a justification for 

2 the waiver.’’. 

3 (b) CONFORMING AMENDMENT.—The table of contents 

4 contained in section 1(b) is amended by inserting after the 

5 item relating to section 213 the following:

‘‘Sec. 214. Special impact areas.’’.

6 SEC. 210. PERFORMANCE AWARDS. 

7 (a) IN GENERAL.—Title II (42 U.S.C. 3141 et seq.) 

8 is further amended by adding at the end the following: 

9 ‘‘SEC. 215. PERFORMANCE AWARDS. 

10 ‘‘(a) IN GENERAL.—The Secretary may make a per11 formance award in connection with a grant made, on or 

12 after the date of enactment of this section, to an eligible 

13 recipient for a project under section 201 or 209. 

14 ‘‘(b) PERFORMANCE MEASURES.—

15 ‘‘(1) REGULATIONS.—The Secretary shall issue 

16 regulations to establish performance measures for 

17 making performance awards under subsection (a). 

18 ‘‘(2) CONSIDERATIONS.—In issuing regulations 

19 under paragraph (1), the Secretary shall consider in20 cluding performance measures that assess the fol21 lowing factors: 

22 ‘‘(A) Whether the recipient meets or exceeds 

23 scheduling goals. 

24 ‘‘(B) Whether the recipient meets or exceeds 

25 job creation goals. 
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1 ‘‘(C) Amounts of private sector capital in2 vestments leveraged. 

3 ‘‘(D) Such other factors as the Secretary de4 termines appropriate. 

5 ‘‘(c) AMOUNT OF AWARDS.—

6 ‘‘(1) IN GENERAL.—The Secretary shall base the 

7 amount of a performance award made under sub8 section (a) in connection with a grant on the extent 

9 to which a recipient meets or exceeds performance 

10 measures established in connection with the grant. 

11 ‘‘(2) MAXIMUM AMOUNT.—The amount of a per12 formance award may not exceed 10 percent of the 

13 amount of the grant. 

14 ‘‘(d) USE OF AWARDS.—A recipient of a performance 

15 award under subsection (a) may use the award for any eli16 gible purpose under this Act, in accordance with section 602 

17 and such regulations as the Secretary may prescribe. 

18 ‘‘(e) FEDERAL SHARE.—Notwithstanding section 204, 

19 the amounts of a performance award may be used for up 

20 to 100 percent of the cost of an eligible project or activity. 

21 ‘‘(f) TREATMENT IN MEETING NON-FEDERAL SHARE

22 REQUIREMENTS.—For the purposes of meeting the non-Fed23 eral share requirements of this Act, or any other Act, the 

24 amounts of a performance award shall be treated as funds 

25 from a non-Federal source. 
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1 ‘‘(g) TERMS AND CONDITIONS.— In making perform2 ance awards under subsection (a), the Secretary shall estab3 lish such terms and conditions as the Secretary considers 

4 appropriate. 

5 ‘‘(h) FUNDING.—The Secretary shall carry out this sec6 tion using any amounts made available for economic devel7 opment assistance programs.

8 ‘‘(i) REPORTING REQUIREMENT.—The Secretary shall 

9 include information regarding performance awards made 

10 under this section in the annual report required under sec11 tion 603. 

12 ‘‘(j) REVIEW BY COMPTROLLER GENERAL.—

13 ‘‘(1) REVIEW.—The Comptroller General shall 

14 review the implementation of this section in each fis15 cal year. 

16 ‘‘(2) ANNUAL REPORT.—Not later than one year 

17 after the date of enactment of this section, and annu18 ally thereafter, the Comptroller General shall transmit 

19 to the Committee on Transportation and Infrastruc20 ture of the House of Representatives and the Com21 mittee on Environment and Public Works of the Sen22 ate a report on the Comptroller’s findings under this 

23 subsection.’’. 
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1 (b) CONFORMING AMENDMENT.—The table of contents 

2 contained in section 1(b) is amended by inserting after the 

3 item relating to section 214 the following:

‘‘Sec. 215. Performance awards.’’.

4 SEC. 211. PLANNING PERFORMANCE AWARDS. 

5 (a) IN GENERAL.—Title II (42 U.S.C. 3141 et seq.) 

6 is further amended by adding at the end the following: 

7 ‘‘SEC. 216. PLANNING PERFORMANCE AWARDS. 

8 ‘‘(a) IN GENERAL.—The Secretary may make a plan9 ning performance award in connection with a grant made, 

10 on or after the date of enactment of this section, to an eligi11 ble recipient for a project under this title located in an eco12 nomic development district. 

13 ‘‘(b) ELIGIBILITY.—The Secretary may make a plan14 ning performance award to an eligible recipient under sub15 section (a) in connection with a grant for a project if the 

16 Secretary determines before closeout of the project that—

17 ‘‘(1) the recipient actively participated in the 

18 economic development activities of the economic devel19 opment district in which the project is located; 

20 ‘‘(2) the project is consistent with the comprehen21 sive economic development strategy of the district; 

22 ‘‘(3) the recipient worked with Federal, State, 

23 and local economic development entities throughout 

24 the development of the project; and 
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1 ‘‘(4) the project was completed in accordance 

2 with the comprehensive economic development strat3 egy of the district. 

4 ‘‘(c) MAXIMUM AMOUNT.—The amount of a planning 

5 performance award made under subsection (a) in connec6 tion with a grant may not exceed 5 percent of the amount 

7 of the grant. 

8 ‘‘(d) USE OF AWARDS.—A recipient of a planning per9 formance award under subsection (a) shall use the award 

10 to increase the Federal share of the cost of a project under 

11 this title. 

12 ‘‘(e) FEDERAL SHARE.—Notwithstanding section 204, 

13 the amounts of a planning performance award may be used 

14 for up to 100 percent of the cost of a project under this 

15 title. 

16 ‘‘(f) FUNDING.—The Secretary shall carry out this sec17 tion using any amounts made available for economic devel18 opment assistance programs.’’. 

19 (b) CONFORMING AMENDMENT.—The table of contents 

20 contained in section 1(b) is amended by inserting after the 

21 item relating to section 215 the following:

‘‘Sec. 216. Planning performance awards.’’.

22 SEC. 212. SUBGRANTS. 

23 (a) IN GENERAL.—Title II (42 U.S.C. 3141 et seq.) 

24 is further amended by adding at the end the following: 
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1 ‘‘SEC. 217. SUBGRANTS. 

2 ‘‘(a) IN GENERAL.—Subject to subsection (b), a recipi3 ent of a grant under section 201, 203, or 207 may directly 

4 expend the grant funds or may redistribute the funds in 

5 the form of a subgrant to other eligible recipients to fund 

6 required components of the scope of work approved for the 

7 project. 

8 ‘‘(b) LIMITATION.—A recipient may not redistribute 

9 grant funds received under section 201 or 203 to a for-profit 

10 entity.’’. 

11 (b) CONFORMING AMENDMENT.—The table of contents 

12 contained in section 1(b) is amended by inserting after the 

13 item relating to section 216 the following:

‘‘Sec. 217. Subgrants.’’.

14 SEC. 213. BROWNFIELDS REDEVELOPMENT. 

15 (a) IN GENERAL.—Title II (42 U.S.C. 3141 et seq.) 

16 is further amended by adding at the end the following: 

17 ‘‘SEC. 218. BROWNFIELDS REDEVELOPMENT. 

18 ‘‘(a) IN GENERAL.—On the application of a qualified 

19 eligible recipient, the Secretary may make grants under sec20 tions 201, 203, 207, and 209 for projects to expand, rede21 velop, or reuse brownfield sites. 

22 ‘‘(b) LIMITATIONS.—Projects carried out under this 

23 section shall be subject to the limitations of section 

24 104(k)(4)(B) of the Comprehensive Environmental Re-
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1 sponse, Compensation, and Liability Act of 1980 (42 U.S.C. 

2 9604(k)(4)(B)). 

3 ‘‘(c) DEFINITIONS.—In this section, the following defi4 nitions apply: 

5 ‘‘(1) BROWNFIELD SITE.—The term ‘brownfield 

6 site’ has the meaning given such term in section 

7 101(39) of the Comprehensive Environmental Re8 sponse, Compensation, and Liability Act of 1980 (42 

9 U.S.C. 9601(39)). 

10 ‘‘(2) QUALIFIED ELIGIBLE RECIPIENT.—The 

11 term ‘qualified eligible recipient’ means an eligible re12 cipient that meets the definition of ‘eligible entity’ in 

13 section 104(k)(1) of the Comprehensive Environ14 mental Response, Compensation, and Liability Act of 

15 1980 (42 U.S.C. 9604(k)(1)); except that for any 

16 project undertaken under this section the term may 

17 include a nonprofit organization acting in coopera18 tion with officials of a political subdivision of a 

19 State.’’. 

20 (b) CONFORMING AMENDMENT.—The table of contents 

21 contained in section 1(b) is amended by inserting after the 

22 item relating to section 217 the following:

‘‘Sec. 218. Brownfields redevelopment.’’.

23 SEC. 214. BRIGHTFIELDS DEMONSTRATION PROGRAM. 

24 (a) IN GENERAL.—Title II (42 U.S.C. 3141 et seq.) 

25 is further amended by adding at the end the following: 
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1 ‘‘SEC. 219. BRIGHTFIELDS DEMONSTRATION PROGRAM. 

2 ‘‘(a) IN GENERAL.—On the application of a qualified 

3 eligible recipient, the Secretary may make a grant for a 

4 project for the development of brightfield sites if the Sec5 retary determines that the project will—

6 ‘‘(1) utilize solar energy technologies to develop 

7 abandoned or contaminated sites for commercial use; 

8 and 

9 ‘‘(2) improve the commercial and economic op10 portunities in the area where the project is located. 

11 ‘‘(b) LIMITATIONS.—Projects carried out under this 

12 section shall be subject to the limitations of section 

13 104(k)(4)(B) of the Comprehensive Environmental Re14 sponse, Compensation, and Liability Act of 1980 (42 U.S.C. 

15 9604(k)(4)(B)). 

16 ‘‘(c) DEFINITIONS.—In this section, the following defi17 nitions apply: 

18 ‘‘(1) BRIGHTFIELD SITE.—The term ‘brightfield 

19 site’ means a brownfield site (as defined in section 

20 217) that is redeveloped through the incorporation of 

21 solar energy technologies. 

22 ‘‘(2) QUALIFIED ELIGIBLE RECIPIENT.—The 

23 term ‘qualified eligible recipient’ has the meaning 

24 given such term in section 217; except that for any 

25 project undertaken under this section the term may 

26 include a nonprofit organization acting in coopera-
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1 tion with officials of a political subdivision of a 

2 State. 

3 ‘‘(d) AUTHORIZATION OF APPROPRIATIONS.—There is 

4 authorized to be appropriated to carry out this section 

5 $5,000,000 for each of fiscal years 2004 through 2008. Such 

6 sums shall remain available until expended.’’. 

7 (b) CONFORMING AMENDMENT.—The table of contents 

8 contained in section 1(b) is amended by inserting after the 

9 item relating to section 218 the following:

‘‘Sec. 219. Brightfields demonstration program.’’.

10 TITLE III—COMPREHENSIVE 

11 ECONOMIC DEVELOPMENT 

12 STRATEGIES 

13 SEC. 301. COMPREHENSIVE ECONOMIC DEVELOPMENT 

14 STRATEGIES. 

15 (a) IN GENERAL.—Section 302(a)(3)(A) (42 U.S.C. 

16 3162(a)(3)(A)) is amended by inserting ‘‘maximizes effec17 tive development and use of the workforce consistent with 

18 any applicable State or local workforce investment strat19 egy,’’ after ‘‘access,’’. 

20 (b) APPROVAL OF OTHER PLAN.—Section 302(c) (42 

21 U.S.C. 3162(c)) is amended by adding at the end the fol22 lowing: ‘‘To the maximum extent practicable, a plan sub23 mitted under this paragraph shall be consistent and coordi24 nated with any existing comprehensive economic develop25 ment strategy for the area.’’. 
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1 TITLE IV—ECONOMIC 

2 DEVELOPMENT DISTRICTS 

3 SEC. 401. INCENTIVES. 

4 Section 403 (42 U.S.C. 3173), and the item relating 

5 to section 403 in the table of contents contained in section 

6 1(b), are repealed. 

7 SEC. 402. PROVISION OF COMPREHENSIVE ECONOMIC DE8 VELOPMENT STRATEGIES TO REGIONAL COM9 MISSIONS. 

10 (a) IN GENERAL.—Section 404 (42 U.S.C. 3174) is 

11 amended to read as follows: 

12 ‘‘SEC. 404. PROVISION OF COMPREHENSIVE ECONOMIC DE13 VELOPMENT STRATEGIES TO REGIONAL COM14 MISSIONS. 

15 ‘‘If any part of an economic development district is 

16 in a region covered by one or more of the Regional Commis17 sions (as defined in section 3), the economic development 

18 district shall ensure that a copy of the comprehensive eco19 nomic development strategy of the district is provided to 

20 the affected Regional Commission.’’. 

21 (b) CONFORMING AMENDMENT.—The table of contents 

22 contained in section 1(b) is amended by striking the item 

23 relating to section 404 and inserting the following:

‘‘Sec. 404. Provision of comprehensive economic development strategies to Regional 

Commissions.’’.
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1 TITLE V—ADMINISTRATION 

2 SEC. 501. ECONOMIC DEVELOPMENT INFORMATION CLEAR3 INGHOUSE. 

4 Section 502 (42 U.S.C. 3192) is amended—

5 (1) by striking paragraph (1) and inserting the 

6 following: 

7 ‘‘(1) maintain a central information clearing8 house on the Internet with—

9 ‘‘(A) information on economic development, 

10 economic adjustment, disaster recovery, defense 

11 conversion, and trade adjustment programs and 

12 activities of the Federal Government; 

13 ‘‘(B) links to State economic development 

14 organizations; and 

15 ‘‘(C) links to other appropriate economic de16 velopment resources;’’; 

17 (2) by striking paragraph (2) and inserting the 

18 following: 

19 ‘‘(2) assist potential and actual applicants for 

20 economic development, economic adjustment, disaster 

21 recovery, defense conversion, and trade adjustment as22 sistance under Federal and State laws in locating 

23 and applying for the assistance;’’; 

24 (3) by striking the period at the end of para25 graph (3) and inserting ‘‘; and’’; and
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1 (4) by adding at the end the following: 

2 ‘‘(4) obtain appropriate information from other 

3 Federal agencies needed to carry out the duties under 

4 this Act.’’. 

5 SEC. 502. BUSINESSES DESIRING FEDERAL CONTRACTS. 

6 Section 505 (42 U.S.C. 3195), and the item relating 

7 to section 505 in the table of contents contained in section 

8 1(b), are repealed. 

9 SEC. 503. PERFORMANCE EVALUATIONS OF GRANT RECIPI10 ENTS. 

11 Section 506(c) (42 U.S.C. 3196(c)) is amended by 

12 striking ‘‘after the effective date of the Economic Develop13 ment Administration Reform Act of 1998’’. 

14 SEC. 504. CONFORMING AMENDMENTS. 

15 (a) STANDARDS.—Section 602 (42 U.S.C. 3212) is 

16 amended—

17 (1) in the first sentence by striking ‘‘in accord18 ance with’’ and all that follows before the period at 

19 the end and inserting ‘‘in accordance with subchapter 

20 IV of chapter 31 of title 40, United States Code’’; and 

21 (2) in the third sentence by striking ‘‘section 2 

22 of the Act of June 13, 1934, as amended (40 U.S.C. 

23 276c)’’ and inserting ‘‘section 3145 of title 40, United 

24 States Code’’. 
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1 (b) EVALUATION CRITERIA.—Section 506(d)(2) (42 

2 U.S.C. 3196(d)(2)) is amended by inserting ‘‘program per3 formance,’’ after ‘‘applied research,’’. 

4 TITLE VI—MISCELLANEOUS 

5 SEC. 601. RELATIONSHIP TO ASSISTANCE UNDER OTHER 

6 LAW. 

7 Section 609 (42 U.S.C. 3219) is amended—

8 (1) by striking subsection (a); and 

9 (2) by striking ‘‘(b) ASSISTANCE UNDER OTHER

10 ACTS.—’’. 

11 SEC. 602. SENSE OF CONGRESS REGARDING ECONOMIC DE12 VELOPMENT REPRESENTATIVES. 

13 (a) FINDINGS.—Congress finds the following: 

14 (1) Planning and coordination among Federal 

15 agencies, State and local governments, Indian tribes, 

16 and economic development districts is vital to the suc17 cess of an economic development program. 

18 (2) Economic Development Representatives of the 

19 Economic Development Administration provide dis20 tressed communities with the technical assistance nec21 essary to foster this planning and coordination. 

22 (3) In the past five years, the number of Eco23 nomic Development Representatives has declined by 

24 almost 25 percent. 
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1 (b) SENSE OF CONGRESS.—It is the sense of Congress 

2 that the Secretary should maintain a sufficient number of 

3 Economic Development Representatives to ensure that the 

4 Economic Development Administration is able to provide 

5 effective assistance to distressed communities and foster eco6 nomic growth and development among the States. 

7 TITLE VII—FUNDING 

8 SEC. 701. AUTHORIZATION OF APPROPRIATIONS. 

9 Section 701 (42 U.S.C. 3231) is amended to read as 

10 follows: 

11 ‘‘SEC. 701. GENERAL AUTHORIZATION OF APPROPRIATIONS. 

12 ‘‘(a) ECONOMIC DEVELOPMENT ASSISTANCE PRO13 GRAMS.—There are authorized to be appropriated for eco14 nomic development assistance programs to carry out this 

15 Act—

16 ‘‘(1) $400,000,000 for fiscal year 2004; 

17 ‘‘(2) $425,000,000 for fiscal year 2005; 

18 ‘‘(3) $450,000,000 for fiscal year 2006; 

19 ‘‘(4) $475,000,000 for fiscal year 2007; and 

20 ‘‘(5) $500,000,000 for fiscal year 2008. 

21 Such sums shall remain available until expended. 

22 ‘‘(b) SALARIES AND EXPENSES.—There are authorized 

23 to be appropriated for salaries and expenses of admin24 istering this Act $33,377,000 for fiscal year 2004 and such 
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1 sums as may be necessary for each fiscal year thereafter. 

2 Such sums shall remain available until expended.’’.

Union Calendar No. 137

108TH CONGRESS 

1ST SESSION H. R. 2535

[Report No. 108–242, Part I] 

A BILL

To reauthorize and improve the program authorized 

by the Public Works and Economic Development Act of 1965. 

SEPTEMBER 2, 2003

Committee on Financial Services discharged; committed 

to the Committee of the Whole House on the State of the Union and ordered to be printed