II 

Calendar No. 1061 

110TH CONGRESS 

2D SESSION S. 3551 

[Report No. 110–490] 

To amend the Public Works and Economic Development Act of 1965 to 

reauthorize that Act, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

SEPTEMBER 24 (legislative day, SEPTEMBER 17), 2008 

Mrs. BOXER, from the Committee on Environment and Public Works, reported the following original bill; which was read twice and placed on the 

calendar 

A BILL 

To amend the Public Works and Economic Development 

Act of 1965 to reauthorize that Act, 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 ‘‘Economic Development 

5 Revitalization Act of 2008’’. 


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1 SEC. 2. DEFINITIONS. 

2 Section 3(8) of the Public Works and Economic De3 velopment Act of 1965 (42 U.S.C. 3122(8)) is amended— 

4 (1) in subparagraph (C), by striking ‘‘and’’ at 

5 the end; 

6 (2) in subparagraph (D), by striking the period 

7 at the end and inserting ‘‘; and’’; and 

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

9 ‘‘(E) the Southeast Crescent Regional 

10 Commission, Northern Border Regional Com11 mission, and Southwest Border Regional Com12 mission established by section 15301(a) of title 

13 40, United States Code.’’. 

14 SEC. 3. ECONOMIC DEVELOPMENT PARTNERSHIPS. 

15 Section 101 of the Public Works and Economic De16 velopment Act of 1965 (42 U.S.C. 3131) is amended— 

17 (1) in subsection (b)— 

18 (A) in the matter preceding paragraph (1), 

19 by inserting ‘‘economic development districts, 

20 university centers,’’ after ‘‘multi-State regional 

21 organizations,’’; and 

22 (B) in paragraph (3), by inserting ‘‘, inno23 vation, entrepreneurship, sustainable develop24 ment,’’ after ‘‘infrastructure’’; 


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1 (2) in subsection (c), by inserting ‘‘(including 

2 economic development districts)’’ after ‘‘local govern3 ment agencies’’; and 

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

5 ‘‘(e) EXCELLENCE IN ECONOMIC DEVELOPMENT

6 AWARDS.— 

7 ‘‘(1) ESTABLISHMENT OF PROGRAM.—To rec8 ognize innovative economic development strategies of 

9 national significance, the Secretary may establish 

10 and carry out a program, to be known as the ‘Excel11 lence in Economic Development Award Program’ 

12 (referred to in this subsection as the ‘program’). 

13 ‘‘(2) ELIGIBLE ENTITIES.—To be eligible for 

14 recognition under the program, an entity shall be an 

15 eligible recipient that is not a for-profit organization 

16 or institution. 

17 ‘‘(3) NOMINATIONS.—Before making an award 

18 under the program, the Secretary shall solicit nomi19 nations publicly, in accordance with such selection 

20 and evaluation procedures as the Secretary may es21 tablish in the solicitation. 

22 ‘‘(4) CATEGORIES.—The categories of awards 

23 under the program shall include awards for— 

24 ‘‘(A) urban or suburban economic develop25 ment; 


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1 ‘‘(B) rural economic development; 

2 ‘‘(C) environmental or energy economic de3 velopment; 

4 ‘‘(D) economic diversification strategies 

5 that respond to economic dislocations, including 

6 economic dislocations caused by natural disas7 ters and military base realignment and closure 

8 actions; 

9 ‘‘(E) university-led strategies to enhance 

10 economic development; 

11 ‘‘(F) community entrepreneurship; 

12 ‘‘(G) historic preservation-led strategies to 

13 enhance economic development; and 

14 ‘‘(H) such other categories as the Sec15 retary determines to be appropriate. 

16 ‘‘(5) PROVISION OF AWARDS.—The Secretary 

17 may provide to each entity selected to receive an 

18 award under this subsection a plaque, bowl, or simi19 lar article to commemorate the accomplishments of 

20 the entity. 

21 ‘‘(6) FUNDING.—Of amounts made available to 

22 carry out this Act, the Secretary may use not more 

23 than $2,000 for each fiscal year to carry out this 

24 subsection.’’. 


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1 SEC. 4. GRANTS FOR PLANNING AND GRANTS FOR ADMIN2 ISTRATIVE EXPENSES. 

3 Section 203 of the Public Works and Economic De4 velopment Act of 1965 (42 U.S.C. 3143) is amended— 

5 (1) in subsection (b)— 

6 (A) in paragraph (3), by striking ‘‘and’’ at 

7 the end; 

8 (B) in paragraph (4), by striking the pe9 riod at the end and inserting ‘‘; and’’; and 

10 (C) by adding at the end the following: 

11 ‘‘(5) fostering regional collaboration among 

12 local jurisdictions and organizations.’’; and 

13 (2) in subsection (d)(5), by striking ‘‘subsection 

14 shall’’ and all that follows through the end of the 

15 paragraph and inserting the following: ‘‘subsection 

16 shall— 

17 ‘‘(A) submit to the Secretary an annual re18 port on the planning process assisted under this 

19 subsection; and 

20 ‘‘(B) provide a copy of each annual report 

21 to each economic development district within 

22 the State.’’. 

23 SEC. 5. COST SHARING. 

24 (a) FEDERAL SHARE.—Section 204(a) of the Public 

25 Works and Economic Development Act of 1965 (42 

26 U.S.C. 3144(a)) is amended by striking ‘‘shall not exVerDate Aug 31 2005 04:34 Sep 25, 2008 Jkt 069200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S3551.PCS S3551

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1 ceed—’’ and all that follows through the end of the sub2 section and inserting ‘‘shall not exceed 50 percent.’’. 

3 (b) INCREASE IN FEDERAL SHARE.—Section 204(c) 

4 of the Public Works and Economic Development Act of 

5 1965 (42 U.S.C. 3144(c)) is amended— 

6 (1) by redesignating paragraphs (1) through 

7 (3) as paragraphs (2) through (4), respectively; 

8 (2) by inserting before paragraph (2) (as redes9 ignated by paragraph (1)) the following: 

10 ‘‘(1) RELATIVE NEEDS OF AN AREA.— 

11 ‘‘(A) 150-PERCENT HIGHER UNEMPLOY12 MENT RATE.—In the case of a grant made in 

13 an area for which the 24-month unemployment 

14 rate is at least 150 percent of the national aver15 age or the per capita income is not more than 

16 70 percent of the national average, the Sec17 retary may increase the Federal share above the 

18 percentage specified in subsection (a) up to 60 

19 percent of the cost of the project. 

20 ‘‘(B) 175-PERCENT HIGHER UNEMPLOY21 MENT RATE.—In the case of a grant made in 

22 an area for which the 24-month unemployment 

23 rate is at least 175 percent of the national aver24 age or the per capita income is not more than 

25 60 percent of the national average, the SecVerDate Aug 31 2005 04:34 Sep 25, 2008 Jkt 069200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S3551.PCS S3551

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1 retary may increase the Federal share above the 

2 percentage specified in subsection (a) up to 70 

3 percent of the cost of the project. 

4 ‘‘(C) 200-PERCENT HIGHER UNEMPLOY5 MENT RATE.—In the case of a grant made in 

6 an area for which the 24-month unemployment 

7 rate is at least 200 percent of the national aver8 age or the per capita income is not more than 

9 50 percent of the national average, the Sec10 retary may increase the Federal share above the 

11 percentage specified in subsection (a) up to 80 

12 percent of the cost of the project. 

13 ‘‘(D) ADDITIONAL CRITERIA.—The Sec14 retary may establish eligibility criteria in addi15 tion to the criteria described in this paragraph 

16 to address areas impacted by severe outmigra17 tion, sudden and severe economic dislocations, 

18 and other related economic circumstances.’’; 

19 (3) in paragraph (2) (as redesignated by para20 graph (1))— 

21 (A) by striking ‘‘may’’ and inserting 

22 ‘‘shall’’; and 

23 (B) by inserting ‘‘to 75 percent of the cost 

24 of the project, and may increase’’ after ‘‘sub25 section (a)’’; and 


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

2 ‘‘(5) FEDERALLY DECLARED DISASTER

3 AREAS.—In the case of a grant for an area with re4 spect to which a major disaster or emergency has 

5 been declared under the Robert T. Stafford Disaster 

6 Relief and Emergency Assistance Act (42 U.S.C. 

7 5121 et seq.) during the 18-month period ending on 

8 the date on which the Federal share is determined, 

9 the Secretary may increase the Federal share above 

10 the percentage specified in subsection (a) up to 100 

11 percent of the cost of the project.’’. 

12 SEC. 6. GRANTS FOR TRAINING, RESEARCH, AND TECH13 NICAL ASSISTANCE. 

14 Section 207(a) of the Public Works and Economic 

15 Development Act of 1965 (42 U.S.C. 3147(a)) is amend16 ed— 

17 (1) in paragraph (1), by inserting ‘‘, outmigra18 tion,’’ after ‘‘unemployment’’; and 

19 (2) in paragraph (2)— 

20 (A) in subparagraph (H), by striking 

21 ‘‘and’’ at the end; 

22 (B) by redesignating subparagraph (I) as 

23 subparagraph (J); and 

24 (C) by inserting after subparagraph (H) 

25 the following: 


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1 ‘‘(I) a peer exchange program to promote 

2 industry-leading practices and innovations relat3 ing to the organizational development, program 

4 delivery, and regional initiatives of economic de5 velopment districts; and’’. 

6 SEC. 7. ENHANCEMENT OF RECIPIENT FLEXIBILITY TO 

7 DEAL WITH PROJECT ASSETS. 

8 (a) PARTICULAR COMMUNITY ASSISTANCE.—Section 

9 209(c)(5) of the Public Works and Economic Development 

10 Act of 1965 (42 U.S.C. 3149(c)(5)) is amended by insert11 ing ‘‘, natural resource-based, agricultural, or service sec12 tor’’ after ‘‘manufacturing’’. 

13 (b) REVOLVING LOAN FUND PROGRAM FLEXI14 BILITY.—Section 209(d) of the Public Works and Eco15 nomic Development Act of 1965 (42 U.S.C. 3149(d)) is 

16 amended— 

17 (1) by redesignating paragraphs (2) through 

18 (4) as paragraphs (3) through (5), respectively; 

19 (2) by inserting after paragraph (1) the fol20 lowing: 

21 ‘‘(2) COMMENTS.— 

22 ‘‘(A) IN GENERAL.—The Secretary shall 

23 periodically solicit from the individuals and en24 tities described in subparagraph (B)— 


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1 ‘‘(i) comments regarding the guide2 lines and performance requirements for the 

3 revolving loan fund program; and 

4 ‘‘(ii) recommendations for improving 

5 the performance of the program and grant6 ees under the program. 

7 ‘‘(B) DESCRIPTION OF INDIVIDUALS AND

8 ENTITIES.—The individuals and entities re9 ferred to in subparagraph (A) are— 

10 ‘‘(i) the public; and 

11 ‘‘(ii) in particular, revolving loan fund 

12 grantees, national experts, and employees 

13 of Federal agencies with knowledge of 

14 international, national, regional, and state15 wide trends, innovations, and noteworthy 

16 practices relating to business development 

17 finance, including public and private lend18 ing and technical assistance inter19 mediaries.’’; 

20 (3) in subparagraph (A) of paragraph (5) (as 

21 redesignated by paragraph (1)), by striking ‘‘para22 graph (2)(C)’’ and inserting ‘‘paragraph (3)(C)’’; 

23 and 

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

25 ‘‘(6) CONVERSION OF PROJECT ASSETS.— 


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1 ‘‘(A) REQUEST.—If a recipient determines 

2 that a revolving loan fund established using as3 sistance provided under this section is no longer 

4 needed, or that the recipient could make better 

5 use of the assistance in light of the current eco6 nomic development needs of the recipient if the 

7 assistance was made available to carry out any 

8 other project that meets the requirements of 

9 this Act, the recipient may submit to the Sec10 retary a request to approve the conversion of 

11 the assistance. 

12 ‘‘(B) METHODS OF CONVERSION.—A re13 cipient the request to convert assistance of 

14 which is approved under subparagraph (A) may 

15 accomplish the conversion by— 

16 ‘‘(i) selling to a third party any assets 

17 of the applicable revolving loan fund; or 

18 ‘‘(ii) retaining repayments of principal 

19 and interest amounts on loans provided 

20 through the applicable revolving loan fund. 

21 ‘‘(C) REQUIREMENTS.— 

22 ‘‘(i) SALE.— 

23 ‘‘(I) IN GENERAL.—Subject to 

24 subclause (II), a recipient shall use 

25 the net proceeds from a sale of assets 


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1 under subparagraph (B)(i) to pay any 

2 portion of the costs of 1 or more 

3 projects that meet the requirements of 

4 this Act. 

5 ‘‘(II) TREATMENT.—For pur6 poses of subclause (I), a project de7 scribed in that subclause shall be con8 sidered to be eligible under section 

9 301. 

10 ‘‘(ii) RETENTION OF REPAYMENTS.— 

11 Retention by a recipient of any repayment 

12 under subparagraph (B)(ii) shall be carried 

13 out in accordance with a strategic reuse 

14 plan approved by the Secretary that pro15 vides for the increase of capital over time 

16 until sufficient amounts (including interest 

17 earned on the amounts) are accumulated 

18 to fund other projects that meet the re19 quirements of this Act. 

20 ‘‘(D) TERMS AND CONDITIONS.—The Sec21 retary may require such terms and conditions 

22 regarding a proposed conversion of the use of 

23 assistance under this paragraph as the Sec24 retary determines to be appropriate. 


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1 ‘‘(E) EXPEDIENCY REQUIREMENT.—The 

2 Secretary shall ensure that any assistance in3 tended to be converted for use pursuant to this 

4 paragraph is used in an expeditious manner. 

5 ‘‘(7) PROGRAM ADMINISTRATION.—The Sec6 retary may allocate not more than 2 percent of the 

7 amounts made available for grants under this sec8 tion for the development and maintenance of an 

9 automated tracking and monitoring system to ensure 

10 the proper operation and financial integrity of the 

11 revolving loan program established under this sec12 tion.’’. 

13 SEC. 8. BRIGHTFIELDS DEMONSTRATION PROGRAM. 

14 Section 218(d) of the Public Works and Economic 

15 Development Act of 1965 (42 U.S.C. 3154d(d)) is amend16 ed by striking ‘‘2004 through 2008’’ and inserting ‘‘2009 

17 through 2013’’. 

18 SEC. 9. DESIGNATION OF ECONOMIC DEVELOPMENT DIS19 TRICTS. 

20 Section 401 of the Public Works and Economic De21 velopment Act of 1965 (42 U.S.C. 3171) is amended by 

22 adding at the end the following: 

23 ‘‘(c) OPERATIONS.— 

24 ‘‘(1) IN GENERAL.—Each economic develop25 ment district shall engage in the full range of ecoVerDate Aug 31 2005 04:34 Sep 25, 2008 Jkt 069200 PO 00000 Frm 00013 Fmt 6652 Sfmt 6201 E:\BILLS\S3551.PCS S3551

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1 nomic development activities included in the list con2 tained in the comprehensive economic development 

3 strategy of the economic development district that 

4 has been approved by the Economic Development 

5 Administration, including— 

6 ‘‘(A) coordinating and implementing eco7 nomic development activities in the economic 

8 development district; 

9 ‘‘(B) carrying out economic development 

10 research, planning, implementation, and advi11 sory functions identified in the comprehensive 

12 economic development strategy; and 

13 ‘‘(C) coordinating the development and im14 plementation of the comprehensive economic de15 velopment strategy with other local, State, Fed16 eral, and private organizations. 

17 ‘‘(2) CONTRACTS.—An economic development 

18 district may elect to enter into contracts for services 

19 to accomplish the activities described in paragraph 

20 (1).’’. 

21 SEC. 10. CONSULTATION WITH OTHER PERSONS AND AGEN22 CIES. 

23 Section 503(a) of the Public Works and Economic 

24 Development Act of 1965 (42 U.S.C. 3193(a)) is amended 


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1 by inserting ‘‘, outmigration,’’ after ‘‘regional unemploy2 ment’’. 

3 SEC. 11. NOTIFICATION OF REORGANIZATION. 

4 Section 507 of the Public Works and Economic De5 velopment Act of 1965 (42 U.S.C. 3197) is amended— 

6 (1) by striking ‘‘Not later than’’ and inserting 

7 the following: 

8 ‘‘(a) NOTIFICATION.—Not later than’’; and 

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

10 ‘‘(b) STATE OF MONTANA.—The State of Montana 

11 shall be served by the Seattle office of the Economic De12 velopment Administration.’’. 

13 SEC. 12. MAINTENANCE OF EFFORT. 

14 Title VI of the Public Works and Economic Develop15 ment Act of 1965 (42 U.S.C. 3211 et seq.) is amended 

16 by adding at the end the following: 

17 ‘‘SEC. 613. MAINTENANCE OF EFFORT. 

18 ‘‘(a) EXPECTED PERIOD OF BEST EFFORTS.— 

19 ‘‘(1) ESTABLISHMENT.—To carry out the pur20 poses of this Act, before providing investment assist21 ance for a construction project under this Act, the 

22 Secretary shall establish the expected period during 

23 which the recipient of the assistance shall make best 

24 efforts to achieve the economic development objec25 tives of the assistance. 


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1 ‘‘(2) TREATMENT OF PROPERTY.—To obtain 

2 the best efforts of a recipient during the period es3 tablished under paragraph (1), during that period— 

4 ‘‘(A) any property that is acquired or im5 proved, in whole or in part, using investment 

6 assistance under this Act shall be held in trust 

7 by the recipient for the benefit of the project; 

8 and 

9 ‘‘(B) the Secretary shall retain an undi10 vided equitable reversionary interest in the 

11 property. 

12 ‘‘(3) TERMINATION OF FEDERAL INTEREST.— 

13 ‘‘(A) IN GENERAL.—Beginning on the date 

14 on which the Secretary determines that a recipi15 ent has fulfilled the obligations of the recipient 

16 for the applicable period under paragraph (1), 

17 taking into consideration the economic condi18 tions existing during that period, the Secretary 

19 may terminate the reversionary interest of the 

20 Secretary in any applicable property under 

21 paragraph (2)(B). 

22 ‘‘(B) ALTERNATIVE METHOD OF TERMI23 NATION.— 

24 ‘‘(i) IN GENERAL.—On a determina25 tion by a recipient that the economic develVerDate Aug 31 2005 04:34 Sep 25, 2008 Jkt 069200 PO 00000 Frm 00016 Fmt 6652 Sfmt 6201 E:\BILLS\S3551.PCS S3551

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1 opment needs of the recipient have 

2 changed during the period beginning on 

3 the date on which investment assistance 

4 for a construction project is provided 

5 under this Act and ending on the expira6 tion of the expected period established for 

7 the project under paragraph (1), the re8 cipient may submit to the Secretary a re9 quest to terminate the reversionary inter10 est of the Secretary in property of the 

11 project under paragraph (2)(B) before the 

12 date described in subparagraph (A). 

13 ‘‘(ii) APPROVAL.—The Secretary may 

14 approve a request of a recipient under 

15 clause (i) if— 

16 ‘‘(I) in any case in which the re17 quest is submitted during the 10-year 

18 period beginning on the date on which 

19 assistance is initially provided under 

20 this Act for the applicable project, the 

21 recipient repays to the Secretary an 

22 amount equal to 100 percent of the 

23 fair market value of the pro rata Fed24 eral share of the project; or 


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1 ‘‘(II) in any case in which the re2 quest is submitted after the expiration 

3 of the 10-year period described in sub4 clause (I), the recipient repays to the 

5 Secretary an amount equal to the fair 

6 market value of the pro rata Federal 

7 share of the project as if that value 

8 had been amortized over the period 

9 established under paragraph (1), 

10 based on a straight-line depreciation 

11 of the project throughout the esti12 mated useful life of the project. 

13 ‘‘(b) TERMS AND CONDITIONS.—The Secretary may 

14 establish such terms and conditions under this section as 

15 the Secretary determines to be appropriate, including by 

16 extending the period of a reversionary interest of the Sec17 retary under subsection (a)(2)(B) in any case in which the 

18 Secretary determines that the performance of a recipient 

19 is unsatisfactory. 

20 ‘‘(c) PREVIOUSLY EXTENDED ASSISTANCE.—With 

21 respect to any recipient to which the term of provision of 

22 assistance was extended under this Act before the date 

23 of enactment of this section, the Secretary may approve 

24 a request of the recipient under subsection (a) in accord25 ance with the requirements of this section to ensure uniVerDate Aug 31 2005 04:34 Sep 25, 2008 Jkt 069200 PO 00000 Frm 00018 Fmt 6652 Sfmt 6201 E:\BILLS\S3551.PCS S3551

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1 form administration of this Act, notwithstanding any esti2 mated useful life period that otherwise relates to the as3 sistance. 

4 ‘‘(d) CONVERSION OF USE.—If a recipient of assist5 ance under this Act demonstrates to the Secretary that 

6 the intended use of the project for which assistance was 

7 provided under this Act no longer represents the best use 

8 of the property used for the project, the Secretary may 

9 approve a request by the recipient to convert the property 

10 to a different use for the remainder of the term of the 

11 Federal interest in the property, subject to the condition 

12 that the new use shall be consistent with the purposes of 

13 this Act. 

14 ‘‘(e) STATUS OF AUTHORITY.—The authority of the 

15 Secretary under this section is in addition to any authority 

16 of the Secretary pursuant to any law or grant agreement 

17 in effect on the date of enactment of this section.’’. 

18 SEC. 13. EXTENSION OF AUTHORIZATION OF APPROPRIA19 TIONS. 

20 Section 701(a) of the Public Works and Economic 

21 Development Act of 1965 (42 U.S.C. 3231(a)) is amend22 ed— 

23 (1) in paragraph (1), by striking ‘‘2004’’ and 

24 inserting ‘‘2009’’; 


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1 (2) in paragraph (2), by striking ‘‘2005’’ and 

2 inserting ‘‘2010’’; 

3 (3) in paragraph (3), by striking ‘‘2006’’ and 

4 inserting ‘‘2011’’; 

5 (4) in paragraph (4), by striking ‘‘2007’’ and 

6 inserting ‘‘2012’’; and 

7 (5) in paragraph (5), by striking ‘‘2008’’ and 

8 inserting ‘‘2013’’. 

9 SEC. 14. FUNDING FOR GRANTS FOR PLANNING AND 

10 GRANTS FOR ADMINISTRATIVE EXPENSES. 

11 Section 704 of the Public Works and Economic De12 velopment Act of 1965 (42 U.S.C. 3234) is amended to 

13 read as follows: 

14 ‘‘SEC. 704. FUNDING FOR GRANTS FOR PLANNING AND 

15 GRANTS FOR ADMINISTRATIVE EXPENSES. 

16 ‘‘(a) IN GENERAL.—Subject to subsection (b), of the 

17 amounts made available under section 701 for each fiscal 

18 year, not less than $27,000,000 shall be made available 

19 to provide grants under section 203. 

20 ‘‘(b) SUBJECT TO TOTAL APPROPRIATIONS.—For 

21 any fiscal year, the amount made available pursuant to 

22 subsection (a) shall be increased to— 

23 ‘‘(1) $28,000,000, if the total amount made 

24 available under subsection 701(a) for the fiscal year 

25 is equal to or greater than $280,000,000; 


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1 ‘‘(2) $29,500,000, if the total amount made 

2 available under subsection 701(a) for the fiscal year 

3 is equal to or greater than $320,000,000; 

4 ‘‘(3) $31,000,000, if the total amount made 

5 available under subsection 701(a) for the fiscal year 

6 is equal to or greater than $350,000,000; 

7 ‘‘(4) $32,500,000, if the total amount made 

8 available under subsection 701(a) for the fiscal year 

9 is equal to or greater than $380,000,000; and 

10 ‘‘(5) $34,500,000, if the total amount made 

11 available under subsection 701(a) for the fiscal year 

12 is equal to or greater than $420,000,000.’’. 


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Calendar No. 1061 

110TH CONGRESS 

2D SESSION S. 3551 

[Report No. 110–490] 

A BILL 

To amend the Public Works and Economic Develfor other purposes. opment Act of 1965 to reauthorize that Act, and 

SEPTEMBER 24 (legislative day, SEPTEMBER 17), 2008 

Read twice and placed on the calendar 


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