II

106TH CONGRESS

2D SESSION S. 3175

To amend the Consolidated Farm and Rural Development Act to authorize

the National Rural Development Partnership, and for other purposes.

IN THE SENATE OF THE UNITED STATES

OCTOBER 5 (legislative day, SEPTEMBER 22), 2000

Mr. CRAIG (for himself, Mr. CONRAD, Mr. BAUCUS, Mr. BINGAMAN, Mr.

BREAUX, Mr. BURNS, Mr. CRAPO, Mr. DASCHLE, Mr. ENZI, Mr. GORTON, Mr. GRAMM, Mr. GRAMS, Mr. GREGG, Mr. HARKIN, Mrs.

HUTCHISON, Mr. JEFFORDS, Mr. JOHNSON, Mr. KENNEDY, Mr.

KERREY, Mr. LEAHY, Mr. LUGAR, Ms. MIKULSKI, Mrs. MURRAY, Mr.

REED, Mr. SARBANES, Mr. SMITH of New Hampshire, Mr. THOMAS, and

Mr. WELLSTONE) introduced the following bill; which was read twice and

referred to the Committee on Agriculture, Nutrition, and Forestry

A BILL

To amend the Consolidated Farm and Rural Development

Act to authorize the National Rural Development Partnership, 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 ‘‘National Rural Devel5 opment Partnership Act of 2000’’.

6 SEC. 2. FINDINGS.

7 Congress finds that—
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1 (1) rural development has been given high pri2 ority throughout most of this century as a means of

3 achieving a sound balance between rural and urban

4 areas in the United States, a balance that Congress

5 considers essential to the peace, prosperity, and wel6 fare of all citizens of the United States;

7 (2)(A) during the last half century, Congress

8 has enacted many laws and established many pro9 grams to provide resources to rural communities;

10 (B) in addition, numerous efforts have been

11 made to coordinate Federal rural development pro12 grams; and

13 (C) during the last decade, the National Rural

14 Development Partnership and its principal compo15 nents, the National Rural Development Council and

16 State rural development councils, have successfully

17 provided opportunities for collaboration and coordi18 nation among Federal agencies and between Federal

19 agencies and States, nonprofit organizations, the

20 private sector, tribal governments, and other entities

21 committed to rural advancement;

22 (3) Congress enacted the Rural Development

23 Act of 1972 (86 Stat. 657) and the Rural Develop24 ment Policy Act of 1980 (94 Stat. 1171) as a mani25 festation of this commitment to rural development;
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1 (4) section 2(b)(3) of the Rural Development

2 Policy Act of 1972 (7 U.S.C. 2204b(b)(3)) directs

3 the Secretary of Agriculture to develop a process

4 through which multi-state, State, substate, and local

5 rural development needs, goals objectives, plans and

6 recommendations can be received and assessed on a

7 continuing basis;

8 (5) the National Rural Development Partner9 ship and State Rural Development Councils were es10 tablished as vehicles to help coordinate development

11 of rural programs in 1990;

12 (6) in 1991, the Secretary began to execute

13 those statutory responsibilities, in part through the

14 innovative mechanism of national, State, and local

15 rural development partnerships administered by the

16 Under Secretary of Agriculture for Small Commu17 nity and Rural Development;

18 (7) that mechanism, now known as the ‘‘Na19 tional Rural Development Partnership’’, has been

20 recognized as a model of new governance and as an

21 example of the effectiveness of collaboration between

22 the Federal, State, local, tribal, private, and non23 profit sectors in addressing the needs of the rural

24 communities of the United States;
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1 (8) partnerships by agencies and entities in the

2 Partnership would extend scarce but valuable fund3 ing through collaboration and cooperation; and

4 (9) the continued success and efficacy of the

5 Partnership could be enhanced through specific Con6 gressional authorization removing any statutory bar7 riers that could detract from the benefits potentially

8 achieved through the Partnership’s unique structure.

9 SEC. 3. NATIONAL RURAL DEVELOPMENT PARTNERSHIP.

10 The Consolidated Farm and Rural Development Act

11 (7 U.S.C. 1921 et seq.) is amended by adding at the end

12 the following:

13 ‘‘SEC. 381P. NATIONAL RURAL DEVELOPMENT PARTNER14 SHIP.

15 ‘‘(a) DEFINITIONS.—In this section:

16 ‘‘(1) AGENCY WITH RURAL RESPONSIBIL17 ITIES.—The term ‘agency with rural responsibilities’

18 means any executive agency (as defined in section

19 105 of title 5, United States Code) that—

20 ‘‘(A) implements Federal law targeted at

21 rural areas, including—

22 ‘‘(i) the Act of April 24, 1950 (com23 monly known as the Granger-Thye Act)

24 (64 Stat. 82, chapter 9);
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1 ‘‘(ii) the Intergovernmental Coopera2 tion Act of 1968 (82 Stat. 1098);

3 ‘‘(iii) section 41742 of title 49, United

4 States Code;

5 ‘‘(iv) the Rural Development Act of

6 1972 (86 Stat. 657);

7 ‘‘(v) the Rural Development Policy

8 Act of 1980 (94 Stat. 1171);

9 ‘‘(vi) the Rural Electrification Act of

10 1936 (2 U.S.C. 901 et seq.);

11 ‘‘(vii) amendments made to section

12 334 of the Public Health Service Act (42

13 U.S.C. 254g) by the Rural Health Clinics

14 Act of 1983 (97 Stat. 1345); and

15 ‘‘(viii) the Rural Housing Amend16 ments of 1983 (97 Stat. 1240) and the

17 amendments made by the Rural Housing

18 Amendments of 1983 to title V of the

19 Housing Act of 1949 (42 U.S.C. 1471 et

20 seq.); or

21 ‘‘(B) administers programs that have a

22 significant impact on rural areas, including—

23 ‘‘(i) the Appalachian Regional Com24 mission;

25 ‘‘(ii) the Department of Agriculture;
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1 ‘‘(iii) the Department of Commerce;

2 ‘‘(iv) the Department of Defense;

3 ‘‘(v) the Department of Education;

4 ‘‘(vi) the Department of Energy;

5 ‘‘(vii) the Department of Health and

6 Human Services;

7 ‘‘(viii) the Department of Housing

8 and Urban Development;

9 ‘‘(ix) the Department of the Interior;

10 ‘‘(x) the Department of Justice;

11 ‘‘(xi) the Department of Labor;

12 ‘‘(xii) the Department of Transpor13 tation;

14 ‘‘(xiii) the Department of the Treas15 ury.

16 ‘‘(xiv) the Department of Veterans Af17 fairs;

18 ‘‘(xv) the Environmental Protection

19 Agency;

20 ‘‘(xvi) the Federal Emergency Man21 agement Administration;

22 ‘‘(xvii) the Small Business Adminis23 tration;

24 ‘‘(xviii) the Social Security Adminis25 tration;
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1 ‘‘(xix) the Federal Reserve System;

2 ‘‘(xx) the United States Postal Serv3 ice;

4 ‘‘(xxi) the Corporation for National

5 Service;

6 ‘‘(xxii) the National Endowment for

7 the Arts and the National Endowment for

8 the Humanities; and

9 ‘‘(xxiii) other agencies, commissions,

10 and corporations.

11 ‘‘(2) COUNCIL.—The term ‘‘Council’’ means the

12 National Rural Development Council established by

13 subsection (c).

14 ‘‘(3) PARTNERSHIP.—The term ‘‘Partnership’’

15 means the National Rural Development Partnership

16 established by subsection (b).

17 ‘‘(4) RURAL AREA.—The term ‘‘rural area’’

18 means—

19 ‘‘(A) all the territory of a State that is not

20 within the boundary of any standard metropoli21 tan statistical area, as designated by the Direc22 tor of the Office of Management and Budget;

23 ‘‘(B) all territory within any standard met24 ropolitan statistical area described in subpara25 graph (A) within a census tract having a popu-
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1 lation density of less than 20 persons per

2 square mile, as determined by the Secretary ac3 cording to the most recent census of the United

4 States as of any date; and

5 ‘‘(C) such areas as a State Rural Develop6 ment Council may identify as rural.

7 ‘‘(5) STATE RURAL DEVELOPMENT COUNCIL.—

8 The term ‘‘State rural development council’’ means

9 a State rural development council that meets the re10 quirements of subsection (d).

11 ‘‘(b) ESTABLISHMENT.—

12 ‘‘(1) IN GENERAL.—There is established a Na13 tional Rural Development Partnership composed

14 of—

15 ‘‘(A) the National Rural Development

16 Council established under subsection (a); and

17 ‘‘(B) State rural development councils es18 tablished under subsection (d).

19 ‘‘(2) PURPOSES.—The purposes of the Partner20 ship are—

21 ‘‘(A) to empower and build the capacity of

22 States and rural communities within States to

23 design unique responses to their own special

24 rural development needs, with local determina-
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1 tions of progress and selection of projects and

2 activities;

3 ‘‘(B) to encourage participants to be flexi4 ble and innovative in establishing new partner5 ships and trying fresh, new approaches to rural

6 development issues, with responses to rural de7 velopment that use different approaches to fit

8 different situations; and

9 ‘‘(C) to encourage all 5 partners of the

10 Partnership (Federal, State, local, and tribal

11 governments, the private sector, and nonprofit

12 organizations) to be fully engaged and share

13 equally in decisions.

14 ‘‘(3) ROLE OF FEDERAL GOVERNMENT.—The

15 role of the Federal Government in the Partnership

16 should be that of a partner, coach, and facilitator,

17 with Federal agencies authorized—

18 ‘‘(A) to cooperate closely with States to

19 implement the Partnership;

20 ‘‘(B) to provide States with the technical

21 and administrative support necessary to plan

22 and implement tailored rural development strat23 egies to meet local needs;

24 ‘‘(C) to delegate decisionmaking to other

25 levels;
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1 ‘‘(D) to ensure that the head of each de2 partment and agency specified in subsection

3 (a)(1)(B) designates a senior-level agency offi4 cial to represent the department or agency, re5 spectively, on the Council and directs appro6 priate field staff to participate fully with the

7 State rural development council within their ju8 risdiction; and

9 ‘‘(E) to enter into cooperative agreements

10 with, and to provide grants and other assistance

11 to, State rural development councils, regardless

12 of the form of legal organization of a State

13 rural development council and notwithstanding

14 any other provision of law.

15 ‘‘(4) ROLE OF PRIVATE AND NONPROFIT SEC16 TOR ORGANIZATIONS.—Private and nonprofit sector

17 organizations are encouraged—

18 ‘‘(A) to act as full partners in the Partner19 ship and State rural development councils; and

20 ‘‘(B) to cooperate with participating gov21 ernment organizations in developing innovative

22 problem approaches to rural development.

23 ‘‘(c) NATIONAL RURAL DEVELOPMENT COUNCIL.—

24 ‘‘(1) ESTABLISHMENT.—There is established a

25 National Rural Development Council.
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1 ‘‘(2) COMPOSITION.—The Council shall be com2 posed of—

3 ‘‘(A) 1 representative of each agency with

4 rural responsibilities that elects to participate in

5 the Council; and

6 ‘‘(B) representatives of local, regional,

7 State, tribal, and nongovernmental profit and

8 nonprofit organizations that elect to participate

9 in the activities of the Council.

10 ‘‘(3) DUTIES.—The Council shall—

11 ‘‘(A) provide support for the work of the

12 State rural development councils;

13 ‘‘(B) facilitate coordination among Federal

14 programs and activities, and with State, local,

15 tribal, and private programs and activities, af16 fecting rural development;

17 ‘‘(C) enhance the effectiveness, responsive18 ness, and delivery of Federal programs in rural

19 areas;

20 ‘‘(D) gather and provide to Federal au21 thorities information and input for the develop22 ment and implementation of Federal programs

23 impacting rural economic and community devel24 opment;
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1 ‘‘(E) review and comment on policies, reg2 ulations, and proposed legislation that affect or

3 would affect rural areas;

4 ‘‘(F) provide technical assistance to State

5 rural development councils for the implementa6 tion of Federal programs; and

7 ‘‘(G) develop and facilitate strategies to re8 duce or eliminate administrative and regulatory

9 impediments.

10 ‘‘(4) ELECTION NOT TO PARTICIPATE.—An

11 agency with rural responsibilities that elects not to

12 participate in the Partnership shall submit to Con13 gress a report that describes—

14 ‘‘(A) how the programmatic responsibilities

15 of the Federal agency that target or have an

16 impact on rural areas are better achieved with17 out participation by the agency in the Partner18 ship; and

19 ‘‘(B) a more effective means of partner20 ship-building and collaboration to achieve the

21 programmatic responsibilities of the agency.

22 ‘‘(5) PERFORMANCE EVALUATIONS.—In con23 ducting a performance evaluation of an employee of

24 an agency with rural responsibilities, the agency
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1 shall consider any comments submitted by a State

2 rural development council.

3 ‘‘(d) STATE RURAL DEVELOPMENT COUNCILS.—

4 ‘‘(1) ESTABLISHMENT.—Each State may elect

5 to participate in the Partnership by entering into a

6 memorandum of agreement with the Secretary to es7 tablish a State rural development council.

8 ‘‘(2) STATE DIVERSITY.—Each State rural de9 velopment council shall—

10 ‘‘(A) have a nonpartisan and nondiscrim11 inatory membership that is broad and rep12 resentative of the economic, social, and political

13 diversity of the State; and

14 ‘‘(B) carry out programs and activities in

15 a manner that reflects the diversity of the

16 State.

17 ‘‘(3) DUTIES.—Each State rural development

18 council shall—

19 ‘‘(A) facilitate collaboration among Fed20 eral, State, local, and tribal governments and

21 the private and nonprofit sectors in the plan22 ning and implementation of programs and poli23 cies that target or have an impact on rural

24 areas of the State;
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1 ‘‘(B) enhance the effectiveness, responsive2 ness, and delivery of Federal and State pro3 grams in rural areas of the State;

4 ‘‘(C) gather and provide to the Council and

5 other appropriate organizations information on

6 the condition of rural areas in the State;

7 ‘‘(D) monitor and report on policies and

8 programs that address, or fail to address, the

9 needs of the rural areas of the State;

10 ‘‘(E) facilitate the formulation of local

11 needs assessments for the rural areas of the

12 State and participate in the development of cri13 teria for the distribution of Federal funds to

14 the rural areas of the State;

15 ‘‘(F) provide comments to the Council and

16 other appropriate organizations on policies, reg17 ulations, and proposed legislation that affect or

18 would affect the rural areas of the State;

19 ‘‘(G) in conjunction with the Council, fa20 cilitate the development of strategies to reduce

21 or eliminate conflicting or duplicative adminis22 trative or regulatory requirements of Federal,

23 State, local, and tribal governments;

24 ‘‘(H) use grant or cooperative agreement

25 funds available to the Partnership to—
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1 ‘‘(i) retain an Executive Director and

2 such support staff as are necessary to fa3 cilitate and implement the directives of the

4 State rural development council; and

5 ‘‘(ii) defray expenses associated with

6 carrying out subparagraphs (A) through

7 (G) and subparagraph (J);

8 ‘‘(I) be authorized to solicit funds to sup9 plement and match funds granted under sub10 paragraph (H); and

11 ‘‘(J) be authorized to engage in all other

12 appropriate activities.

13 ‘‘(4) COMMENTS OR RECOMMENDATIONS.—

14 ‘‘(A) IN GENERAL.—A State rural develop15 ment council may provide comments and rec16 ommendations to an agency with rural respon17 sibilities related to the activities of the State

18 rural development council within the State.

19 ‘‘(B) AGENCY.—The agency with rural re20 sponsibilities shall provide to the State rural de21 velopment council a written response to the

22 comments or recommendations.

23 ‘‘(5) ACTIONS OF STATE RURAL DEVELOPMENT

24 COUNCIL MEMBERS.—When carrying out a program

25 or activity authorized by a State rural development
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1 council, a member of the Council shall be regarded

2 as an employee of the Federal Government for pur3 poses of chapter 171 of title 28, United States Code.

4 ‘‘(6) FEDERAL PARTICIPATION IN STATE RURAL

5 DEVELOPMENT COUNCILS.—

6 ‘‘(A) IN GENERAL.—Subject to subpara7 graph (B), Federal employees may participate

8 in a State rural development council.

9 ‘‘(B) CONFLICTS.—A Federal employee

10 who participates in a State rural development

11 council shall not participate in the making of

12 any council decision if the agency represented

13 by the Federal employee has any financial or

14 other interest in the outcome of the decision.

15 ‘‘(C) FEDERAL GUIDANCE.—The Attorney

16 General shall issue guidance to all Federal em17 ployees that participate in State rural develop18 ment councils that describes specific decisions

19 that—

20 ‘‘(i) would constitute a conflict of in21 terest for the Federal employee; and

22 ‘‘(ii) from which the Federal employee

23 must recuse himself or herself.

24 ‘‘(e) ADMINISTRATION OF THE PARTNERSHIP.—
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1 ‘‘(1) DETAIL OF EMPLOYEES.—In order to pro2 vide experience in intergovernmental collaboration,

3 with the approval of the head of an agency with

4 rural responsibilities that elects to participate in the

5 Partnership, an employee of the agency with rural

6 responsibilities is encouraged to be detailed to the

7 Partnership without reimbursement, and such detail

8 shall be without interruption or loss of civil service

9 status or privilege.

10 ‘‘(2) ADDITIONAL SUPPORT.—The Secretary

11 shall provide for any additional support staff to the

12 Partnership as the Secretary determines to be nec13 essary to carry out the duties of the Partnership.

14 ‘‘(3) PANEL.—

15 ‘‘(A) IN GENERAL.—A panel consisting of

16 representatives of the Council and State rural

17 development councils shall be established to

18 lead and coordinate the strategic operation,

19 policies, and practices of the Partnership.

20 ‘‘(B) ANNUAL REPORTS.—In conjunction

21 with the Council and State rural development

22 councils, the panel shall prepare and submit to

23 Congress an annual report on the activities of

24 the Partnership.

25 ‘‘(f) FUNDING.—
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1 ‘‘(1) AUTHORIZATION OF APPROPRIATIONS.—

2 There are authorized to be appropriated such sums

3 as are necessary to carry out this section.

4 ‘‘(2) FEDERAL AGENCIES.—

5 ‘‘(A) IN GENERAL.—Notwithstanding any

6 other provision of law, in order to carry out the

7 purposes described in subsection (b)(2), the

8 Partnership shall be eligible to receive grants,

9 gifts, contributions, or technical assistance

10 from, or enter into contracts with, any Federal

11 department or agency, to the extent otherwise

12 permitted by law.

13 ‘‘(B) ASSISTANCE.—Federal departments

14 and agencies are encouraged to use funds made

15 available for programs that target or impact

16 rural areas to provide assistance to, and enter

17 into contracts with, the Partnership, as de18 scribed in subparagraph (A).

19 ‘‘(3) CONTRIBUTIONS.—The Partnership may

20 accept private contributions.

21 ‘‘(g) MATCHING REQUIREMENTS FOR STATE RURAL

22 DEVELOPMENT COUNCILS.—A State rural development

23 council shall provide matching funds, or in-kind goods or

24 services, to support the activities of the State rural devel25 opment council in an amount that is not less than 25 per-
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1 cent of the amount of Federal funds received under the

2 agreement described in subsection (d)(1).

3 ‘‘(h) TERMINATION.—The authority provided under

4 this section shall terminate 5 years after the date of enact5 ment of this section.’’.

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