II 

107TH CONGRESS 

1ST SESSION S. 1206 

To reauthorize the Appalachian Regional Development Act of 1965, and 

for other purposes. 

IN THE SENATE OF THE UNITED STATES 

JULY 19, 2001 

Mr. VOINOVICH (for himself, Mr. INHOFE, Mr. FRIST, and Mr. MCCONNELL) 

introduced the following bill; which was read twice and referred to the 

Committee on Environment and Public Works 

A BILL 

To reauthorize the Appalachian Regional Development Act 

of 1965, and for other purposes. 

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. 

4 This Act may be cited as the ‘‘Appalachian Regional 

5 Development Act Amendments of 2001’’. 

6 SEC. 2. PURPOSES. 

7 The purposes of this Act are— 

8 (1) to reauthorize the Appalachian Regional 

9 Development Act of 1965 (40 U.S.C. App.); and 


cprice-sewell on PROD1PC66 with BILLS
2 

•S 1206 IS

1 (2) to ensure that the people and businesses of 

2 the Appalachian region have the knowledge, skills, 

3 and access to telecommunication and technology 

4 services necessary to compete in the knowledge5 based economy of the United States. 

6 SEC. 3. FUNCTIONS OF THE COMMISSION. 

7 Section 102(a) of the Appalachian Regional Develop8 ment Act of 1965 (40 U.S.C. App.) is amended— 

9 (1) in paragraph (5), by inserting ‘‘, and sup10 port,’’ after ‘‘formation of’’; 

11 (2) in paragraph (7), by striking ‘‘and’’ at the 

12 end; 

13 (3) in paragraph (8), by striking the period at 

14 the end and inserting ‘‘; and’’; and 

15 (4) by adding at the end the following: 

16 ‘‘(9) seek to coordinate the economic develop17 ment activities of, and the use of economic develop18 ment resources by, Federal agencies in the region.’’. 

19 SEC. 4. INTERAGENCY COORDINATING COUNCIL ON APPA20 LACHIA. 

21 Section 104 of the Appalachian Regional Develop22 ment Act of 1965 (40 U.S.C. App.) is amended— 

23 (1) by striking ‘‘The President’’ and inserting 

24 ‘‘(a) IN GENERAL.—The President’’; and 

25 (2) by adding at the end the following: 


cprice-sewell on PROD1PC66 with BILLS
3 

•S 1206 IS

1 ‘‘(b) INTERAGENCY COORDINATING COUNCIL ON AP2 PALACHIA.— 

3 ‘‘(1) ESTABLISHMENT.—In carrying out sub4 section (a), the President shall establish an inter5 agency council to be known as the ‘Interagency Co6 ordinating Council on Appalachia’. 

7 ‘‘(2) MEMBERSHIP.—The Council shall be com8 posed of— 

9 ‘‘(A) the Federal Cochairman, who shall 

10 serve as Chairperson of the Council; and 

11 ‘‘(B) representatives of Federal agencies 

12 that carry out economic development programs 

13 in the region.’’. 

14 SEC. 5. TELECOMMUNICATIONS AND TECHNOLOGY INITIA15 TIVE. 

16 Title II of the Appalachian Regional Development 

17 Act of 1965 (40 U.S.C. App.) is amended by inserting 

18 after section 202 the following: 

19 ‘‘SEC. 203. TELECOMMUNICATIONS AND TECHNOLOGY INI20 TIATIVE. 

21 ‘‘(a) IN GENERAL.—The Commission may provide 

22 technical assistance, make grants, enter into contracts, or 

23 otherwise provide funds to persons or entities in the region 

24 for projects— 


cprice-sewell on PROD1PC66 with BILLS
4 

•S 1206 IS

1 ‘‘(1) to increase affordable access to advanced 

2 telecommunications, entrepreneurship, and manage3 ment technologies or applications in the region; 

4 ‘‘(2) to provide education and training in the 

5 use of telecommunications and technology; 

6 ‘‘(3) to develop programs to increase the readi7 ness of industry groups and businesses in the region 

8 to engage in electronic commerce; or 

9 ‘‘(4) to support entrepreneurial opportunities 

10 for businesses in the information technology sector. 

11 ‘‘(b) SOURCE OF FUNDING.— 

12 ‘‘(1) IN GENERAL.—Assistance under this sec13 tion may be provided— 

14 ‘‘(A) exclusively from amounts made avail15 able to carry out this section; or 

16 ‘‘(B) from amounts made available to 

17 carry out this section in combination with 

18 amounts made available under any other Fed19 eral program or from any other source. 

20 ‘‘(2) FEDERAL SHARE REQUIREMENTS SPECI21 FIED IN OTHER LAWS.—Notwithstanding any provi22 sion of law limiting the Federal share under any 

23 other Federal program, amounts made available to 

24 carry out this section may be used to increase that 


cprice-sewell on PROD1PC66 with BILLS
5 

•S 1206 IS

1 Federal share, as the Commission determines to be 

2 appropriate. 

3 ‘‘(c) COST SHARING FOR GRANTS.—Not more than 

4 50 percent (or 80 percent in the case of a project to be 

5 carried out in a county for which a distressed county des6 ignation is in effect under section 226) of the costs of any 

7 activity eligible for a grant under this section may be pro8 vided from funds appropriated to carry out this section.’’. 

9 SEC. 6. PROGRAM DEVELOPMENT CRITERIA. 

10 (a) ELIMINATION OF GROWTH CENTER CRITERIA.— 

11 Section 224(a)(1) of the Appalachian Regional Develop12 ment Act of 1965 (40 U.S.C. App.) is amended by striking 

13 ‘‘in an area determined by the State have a significant 

14 potential for growth or’’. 

15 (b) ASSISTANCE TO DISTRESSED COUNTIES AND

16 AREAS.—Section 224 of the Appalachian Regional Devel17 opment Act of 1965 (40 U.S.C. App.) is amended by add18 ing at the end the following: 

19 ‘‘(d) ASSISTANCE TO DISTRESSED COUNTIES AND

20 AREAS.—For each fiscal year, not less than 50 percent 

21 of the amount of grant expenditures approved by the Com22 mission shall support activities or projects that benefit se23 verely and persistently distressed counties and areas.’’. 


cprice-sewell on PROD1PC66 with BILLS
6 

•S 1206 IS

1 SEC. 7. GRANTS FOR ADMINISTRATIVE EXPENSES OF 

2 LOCAL DEVELOPMENT DISTRICTS. 

3 Section 302(a)(1)(A)(i) of the Appalachian Regional 

4 Development Act of 1965 (40 U.S.C. App.) is amended 

5 by inserting ‘‘(or, at the discretion of the Commission, 75 

6 percent of such expenses in the case of a local development 

7 district that has a charter or authority that includes the 

8 economic development of a county or part of a county for 

9 which a distressed county designation is in effect under 

10 section 226)’’ after ‘‘such expenses’’. 

11 SEC. 8. AUTHORIZATION OF APPROPRIATIONS. 

12 Section 401 of the Appalachian Regional Develop13 ment Act of 1965 (40 U.S.C. App.) is amended to read 

14 as follows: 

15 ‘‘SEC. 401. AUTHORIZATION OF APPROPRIATIONS. 

16 ‘‘(a) IN GENERAL.—In addition to amounts author17 ized by section 201 and other amounts made available for 

18 the Appalachian development highway system program, 

19 there are authorized to be appropriated to the Commission 

20 to carry out this Act— 

21 ‘‘(1) $83,000,000 for fiscal year 2002; 

22 ‘‘(2) $86,000,000 for fiscal year 2003; 

23 ‘‘(3) $89,000,000 for fiscal year 2004; 

24 ‘‘(4) $92,000,000 for fiscal year 2005; and 

25 ‘‘(5) $95,000,000 for fiscal year 2006. 


cprice-sewell on PROD1PC66 with BILLS
7 

•S 1206 IS

1 ‘‘(b) TELECOMMUNICATIONS AND TECHNOLOGY INI2 TIATIVE.—Of the amounts made available under sub3 section (a), $10,000,000 for each fiscal year shall be made 

4 available to carry out section 203. 

5 ‘‘(c) AVAILABILITY.—Sums made available under 

6 subsection (a) shall remain available until expended.’’. 

7 SEC. 9. TERMINATION. 

8 Section 405 of the Appalachian Regional Develop9 ment Act of 1965 (40 U.S.C. App.) is amended by striking 

10 ‘‘2001’’ and inserting ‘‘2006’’. 

11 SEC. 10. TECHNICAL AND CONFORMING AMENDMENTS. 

12 (a) Section 101(b) of the Appalachian Regional De13 velopment Act of 1965 (40 U.S.C. App.) is amended in 

14 the third sentence by striking ‘‘implementing investment 

15 program’’ and inserting ‘‘strategy statement’’. 

16 (b) Section 106(7) of the Appalachian Regional De17 velopment Act of 1965 (40 U.S.C. App.) is amended by 

18 striking ‘‘expiring no later than September 30, 2001’’. 

19 (c) Sections 202, 214, and 302(a)(1)(C) of the Appa20 lachian Regional Development Act of 1965 (40 U.S.C. 

21 App.) are amended by striking ‘‘grant-in-aid programs’’ 

22 each place it appears and inserting ‘‘grant programs’’. 

23 (d) Section 202(a) of the Appalachian Regional De24 velopment Act of 1965 (40 U.S.C. App.) is amended in 

25 the second sentence by striking ‘‘title VI of the Public 


cprice-sewell on PROD1PC66 with BILLS
8 

•S 1206 IS

1 Health Service Act (42 U.S.C. 291–291o), the Mental Re2 tardation Facilities and Community Mental Health Cen3 ters Construction Act of 1963 (77 Stat. 282),’’ and insert4 ing ‘‘title VI of the Public Health Service Act (42 U.S.C. 

5 291 et seq.), the Developmental Disabilities Assistance 

6 and Bill of Rights Act of 2000 (42 U.S.C. 15001 et 

7 seq.),’’. 

8 (e) Section 207(a) of the Appalachian Regional De9 velopment Act of 1965 (40 U.S.C. App.) is amended by 

10 striking ‘‘section 221 of the National Housing Act, section 

11 8 of the United States Housing Act of 1937, section 515 

12 of the Housing Act of 1949,’’ and inserting ‘‘section 221 

13 of the National Housing Act (12 U.S.C. 1715l), section 

14 8 of the United States Housing Act of 1937 (42 U.S.C. 

15 1437f), section 515 of the Housing Act of 1949 (42 

16 U.S.C. 1485),’’. 

17 (f) Section 214 of the Appalachian Regional Develop18 ment Act of 1965 (40 U.S.C. App.) is amended— 

19 (1) in the section heading, by striking ‘‘GRANT20 IN-AID’’ and inserting ‘‘GRANT’’; 

21 (2) in subsection (a)— 

22 (A) by striking ‘‘grant-in-aid Act’’ each 

23 place it appears and inserting ‘‘Act’’; 

24 (B) in the first sentence, by striking 

25 ‘‘grant-in-aid Acts’’ and inserting ‘‘Acts’’; 


cprice-sewell on PROD1PC66 with BILLS
9 

•S 1206 IS

1 (C) by striking ‘‘grant-in-aid program’’ 

2 each place it appears and inserting ‘‘grant pro3 gram’’; and 

4 (D) by striking the third sentence; 

5 (3) by striking subsection (c) and inserting the 

6 following: 

7 ‘‘(c) DEFINITION OF FEDERAL GRANT PROGRAM.— 

8 ‘‘(1) IN GENERAL.—In this section, the term 

9 ‘Federal grant program’ means any Federal grant 

10 program authorized by this Act or any other Act 

11 that provides assistance for— 

12 ‘‘(A) the acquisition or development of 

13 land; 

14 ‘‘(B) the construction or equipment of fa15 cilities; or 

16 ‘‘(C) any other community or economic de17 velopment or economic adjustment activity. 

18 ‘‘(2) INCLUSIONS.—In this section, the term 

19 ‘Federal grant program’ includes a Federal grant 

20 program such as a Federal grant program author21 ized by— 

22 ‘‘(A) the Consolidated Farm and Rural 

23 Development Act (7 U.S.C. 1921 et seq.); 

24 ‘‘(B) the Land and Water Conservation 

25 Fund Act of 1965 (16 U.S.C. 460l–4 et seq.); 


cprice-sewell on PROD1PC66 with BILLS
10 

•S 1206 IS

1 ‘‘(C) the Watershed Protection and Flood 

2 Prevention Act (16 U.S.C. 1001 et seq.); 

3 ‘‘(D) the Carl D. Perkins Vocational and 

4 Technical Education Act of 1998 (20 U.S.C. 

5 2301 et seq.); 

6 ‘‘(E) the Federal Water Pollution Control 

7 Act (33 U.S.C. 1251 et seq.); 

8 ‘‘(F) title VI of the Public Health Service 

9 Act (42 U.S.C. 291 et seq.); 

10 ‘‘(G) sections 201 and 209 of the Public 

11 Works and Economic Development Act of 1965 

12 (42 U.S.C. 3141, 3149); 

13 ‘‘(H) title I of the Housing and Commu14 nity Development Act of 1974 (42 U.S.C. 5301 

15 et seq.); or 

16 ‘‘(I) part IV of title III of the Communica17 tions Act of 1934 (47 U.S.C. 390 et seq.). 

18 ‘‘(3) EXCLUSIONS.—In this section, the term 

19 ‘Federal grant program’ does not include— 

20 ‘‘(A) the program for construction of the 

21 Appalachian development highway system au22 thorized by section 201; 

23 ‘‘(B) any program relating to highway or 

24 road construction authorized by title 23, United 

25 States Code; or 


cprice-sewell on PROD1PC66 with BILLS
11 

•S 1206 IS

1 ‘‘(C) any other program under this Act or 

2 any other Act to the extent that a form of fi3 nancial assistance other than a grant is author4 ized.’’; and 

5 (4) by striking subsection (d). 

6 (g) Section 224(a)(2) of the Appalachian Regional 

7 Development Act of 1965 (40 U.S.C. App.) is amended 

8 by striking ‘‘relative per capita income’’ and inserting ‘‘per 

9 capita market income’’. 

10 (h) Section 225 of the Appalachian Regional Develop11 ment Act of 1965 (40 U.S.C. App.)— 

12 (1) in subsection (a)(3), by striking ‘‘develop13 ment program’’ and inserting ‘‘development strate14 gies’’; and 

15 (2) in subsection (c)(2), by striking ‘‘develop16 ment programs’’ and inserting ‘‘development strate17 gies’’. 

18 (i) Section 303 of the Appalachian Regional Develop19 ment Act of 1965 (40 U.S.C. App.) is amended— 

20 (1) in the section heading, by striking ‘‘INVEST21 MENT PROGRAMS’’ and inserting ‘‘STRATEGY STATE22 MENTS’’; 

23 (2) in the first sentence, by striking ‘‘imple24 menting investments programs’’ and inserting 

25 ‘‘strategy statements’’; and 


cprice-sewell on PROD1PC66 with BILLS
12 

•S 1206 IS

1 (3) by striking ‘‘implementing investment pro2 gram’’ each place it appears and inserting ‘‘strategy 

3 statement’’. 

4 (j) Section 403 of the Appalachian Regional Develop5 ment Act of 1965 (40 U.S.C. App.) is amended— 

6 (1) in the next-to-last undesignated paragraph, 

7 by striking ‘‘Committee on Public Works and Trans8 portation’’ and inserting ‘‘Committee on Transpor9 tation and Infrastructure’’; and 

10 (2) by striking the last undesignated paragraph. 

Æ 


cprice-sewell on PROD1PC66 with BILLS