‘‘(e) SPECIAL PROVISIONS RELATING TO REVOLVING
LOAN FUND GRANTS.—
‘‘(1) IN GENERAL.—The Secretary shall issue
regulations to maintain the proper operation and fi-
nancial integrity of revolving loan funds established
by recipients with assistance under this section.
‘‘(2) EFFICIENT
ADMINISTRATION.—The Sec-
retary may—
‘‘(A) at the request of a grantee, amend
and consolidate grant agreements governing re-
volving loan funds to provide flexibility with re-
spect to lending areas and borrower criteria;
‘‘(B) assign or transfer assets of a revolv-
ing loan fund to a third party for the purpose
of liquidation, and a third party may retain as-
sets of the fund to defray costs related to liq-
uidation; and
‘‘(C) take such actions as are appropriate
to enable revolving loan fund operators to sell
or securitize loans (except that the actions may
not include issuance of a Federal guaranty by
the Secretary).
‘‘(3) TREATMENT
OF
ACTIONS.—An action
taken by the Secretary under this subsection with
respect to a revolving loan fund shall not constitute
a new obligation if all grant funds associated with
the original grant award have been disbursed to the
recipient.
‘‘(4) PRESERVATION OF SECURITIES LAWS.—
‘‘(A) NOT TREATED AS EXEMPTED SECU-
RITIES.—No securities issued pursuant to para-
graph (2)(C) shall be treated as exempted secu-
rities for purposes of the Securities Act of 1933
or the Securities Exchange Act of 1934, unless
exempted by rule or regulation of the Securities
and Exchange Commission.
‘‘(B) PRESERVATION.—Except as provided
in subparagraph (A), no provision of this sub-
section or any regulation issued by the Sec-
retary under this subsection shall supersede or
otherwise affect the application of the securities
laws (as such term is defined in section
2(a)(47) of the Securities Exchange Act of
1934) or the rules, regulations, or orders of the
Securities and Exchange Commission or a self-
regulatory organization thereunder.’’.
SEC. 208. USE OF FUNDS IN PROJECTS CONSTRUCTED
UNDER PROJECTED COST.
Section 211 (42 U.S.C. 3151) is amended to read as
follows:
‘‘SEC. 211. USE OF FUNDS IN PROJECTS CONSTRUCTED
UNDER PROJECTED COST.
‘‘(a) IN GENERAL.—In the case of a grant to a recipi-
ent for a construction project under section 201 or 209,
if the Secretary determines, before closeout of the project,
that the cost of the project, based on the designs and spec-
ifications that were the basis of the grant, has decreased
because of decreases in costs, the Secretary may approve,
without further appropriations action, the use of the ex-
cess funds (or a portion of the excess funds) by the recipi-
ent to increase the Federal share of the cost of a project
under this title to the maximum percentage allowable
under section 204 or to improve the project.
‘‘(b) OTHER USES OF EXCESS FUNDS.—Any amount
of excess funds remaining after application of subsection
(a) may be used by the Secretary for providing assistance
under this Act.
‘‘(c) TRANSFERRED FUNDS.—In the case of excess
funds described in subsection (a) in projects utilizing
funds transferred from other Federal agencies pursuant
to section 604, the Secretary shall—
‘‘(1) utilize the funds in accordance with sub-
section (a), with the approval of the originating
agency; or
‘‘(2) return the funds to the originating agen-
cy.’’.
SEC. 209. SPECIAL IMPACT AREAS.
(a) IN GENERAL.—Title II (42 U.S.C. 3141 et seq.)
is amended by adding at the end the following:
‘‘SEC. 214. SPECIAL IMPACT AREAS.
‘‘(a) IN GENERAL.—On the application of an eligible
recipient, the Secretary may determine that the recipient
is unable to comply with the requirements of section 302
and designate the area represented by the recipient as a
special impact area.
‘‘(b) WAIVERS.—Subject to the requirements of this
section, the Secretary may waive, in whole or in part, as
appropriate, the requirements of section 302 with respect
to a special impact area designated under subsection (a)
if the Secretary determines that the waiver will carry out
the purposes of the Act.
‘‘(c) NOTIFICATION REQUIREMENT.—At least 30
days before issuing a waiver under this section, the Sec-
retary shall transmit to the Committee on Transportation
and Infrastructure of the House of Representatives and
the Committee on Environment and Public Works of the
Senate a written notice of the waiver, including a justifica-
tion for the waiver.’’.
(b) CONFORMING AMENDMENT.—The table of con-
tents contained in section 1(b) is amended by inserting
after the item relating to section 213 the following:
‘‘Sec. 214. Special impact areas.’’.
SEC. 210. PERFORMANCE AWARDS.
(a) IN GENERAL.—Title II (42 U.S.C. 3141 et seq.)
is further amended by adding at the end the following:
‘‘SEC. 215. PERFORMANCE AWARDS.
‘‘(a) IN GENERAL.—The Secretary may make a per-
formance award in connection with a grant made, on or
after the date of enactment of this section, to an eligible
recipient for a project under section 201 or 209.
‘‘(b) PERFORMANCE MEASURES.—
‘‘(1) REGULATIONS.—The Secretary shall issue
regulations to establish performance measures for
making performance awards under subsection (a).
‘‘(2) CONSIDERATIONS.—In issuing regulations
under paragraph (1), the Secretary shall consider in-
cluding performance measures that assess the fol-
lowing factors:
‘‘(A) Whether the recipient meets or ex-
ceeds scheduling goals.
‘‘(B) Whether the recipient meets or ex-
ceeds job creation goals.
‘‘(C) Amounts of private sector capital in-
vestments leveraged.
‘‘(D) Such other factors as the Secretary
determines appropriate.
‘‘(c) AMOUNT OF AWARDS.—
‘‘(1) IN GENERAL.—The Secretary shall base
the amount of a performance award made under
subsection (a) in connection with a grant on the ex-
tent to which a recipient meets or exceeds perform-
ance measures established in connection with the
grant.
‘‘(2) MAXIMUM
AMOUNT.—The amount of a
performance award may not exceed 10 percent of
the amount of the grant.
‘‘(d) USE OF AWARDS.—A recipient of a performance
award under subsection (a) may use the award for any
eligible purpose under this Act, in accordance with section
602 and such regulations as the Secretary may prescribe.
‘‘(e) FEDERAL
SHARE.—Notwithstanding section
204, the amounts of a performance award may be used
for up to 100 percent of the cost of an eligible project
or activity.
‘‘(f) TREATMENT
IN
MEETING
NON-FEDERAL
SHARE REQUIREMENTS.—For the purposes of meeting
the non-Federal share requirements of this Act, or any
other Act, the amounts of a performance award shall be
treated as funds from a non-Federal source.
‘‘(g) TERMS AND CONDITIONS.— In making perform-
ance awards under subsection (a), the Secretary shall es-
tablish such terms and conditions as the Secretary con-
siders appropriate.
‘‘(h) FUNDING.—The Secretary shall carry out this
section using any amounts made available for economic
development assistance programs.
‘‘(i) REPORTING
REQUIREMENT.—The Secretary
shall include information regarding performance awards
made under this section in the annual report required
under section 603.
‘‘(j) REVIEW BY COMPTROLLER GENERAL.—
‘‘(1) REVIEW.—The Comptroller General shall
review the implementation of this section in each fis-
cal year.
‘‘(2) ANNUAL
REPORT.—Not later than one
year after the date of enactment of this section, and
annually thereafter, the Comptroller General shall
transmit to the Committee on Transportation and
Infrastructure of the House of Representatives and
the Committee on Environment and Public Works of
the Senate a report on the Comptroller’s findings
under this subsection.’’.
(b) CONFORMING AMENDMENT.—The table of con-
tents contained in section 1(b) is amended by inserting
after the item relating to section 214 the following:
‘‘Sec. 215. Performance awards.’’.
directly expend the grant funds or may redistribute the
funds in the form of a subgrant to other eligible recipients
to fund required components of the scope of work ap-
proved for the project.
‘‘(b) LIMITATION.—A recipient may not redistribute
grant funds received under section 201 or 203 to a for-
profit entity.’’.
(b) CONFORMING AMENDMENT.—The table of con-
tents contained in section 1(b) is amended by inserting
after the item relating to section 216 the following:
‘‘Sec. 217. Subgrants.’’.
SEC. 213. BROWNFIELDS REDEVELOPMENT.
(a) IN GENERAL.—Title II (42 U.S.C. 3141 et seq.)
is further amended by adding at the end the following:
‘‘SEC. 218. BROWNFIELDS REDEVELOPMENT.
‘‘(a) IN GENERAL.—On the application of a qualified
eligible recipient, the Secretary may make grants under
sections 201, 203, 207, and 209 for projects to expand,
redevelop, or reuse brownfield sites.
‘‘(b) LIMITATIONS.—Projects carried out under this
section shall be subject to the limitations of section
104(k)(4)(B) of the Comprehensive Environmental Re-
sponse, Compensation, and Liability Act of 1980 (42
U.S.C. 9604(k)(4)(B)); except that recipients may use
grant funds awarded under this section for the adminis-
trative costs of economic development activities.
‘‘(c) DEFINITIONS.—In this section, the following
definitions apply:
‘‘(1) BROWNFIELD SITE.—The term ‘brownfield
site’ has the meaning given such term in section
101(39) of the Comprehensive Environmental Re-
sponse, Compensation, and Liability Act of 1980 (42
U.S.C. 9601(39)).
‘‘(2) QUALIFIED
ELIGIBLE
RECIPIENT.—The
term ‘qualified eligible recipient’ means an eligible
recipient that meets the definition of ‘eligible entity’
in section 104(k)(1) of the Comprehensive Environ-
mental Response, Compensation, and Liability Act
of 1980 (42 U.S.C. 9604(k)(1)); except that for any
project undertaken under this section the term may
include a nonprofit organization acting in coopera-
tion with officials of a political subdivision of a
State.’’.
(b) CONFORMING AMENDMENT.—The table of con-
tents contained in section 1(b) is amended by inserting
after the item relating to section 217 the following:
‘‘Sec. 218. Brownfields redevelopment.’’.
SEC. 214. BRIGHTFIELDS DEMONSTRATION PROGRAM.
(a) IN GENERAL.—Title II (42 U.S.C. 3141 et seq.)
is further amended by adding at the end the following:
‘‘SEC. 219. BRIGHTFIELDS DEMONSTRATION PROGRAM.
‘‘(a) IN GENERAL.—On the application of a qualified
eligible recipient, the Secretary may make a grant for a
project for the development of brightfield sites if the Sec-
retary determines that the project will—
‘‘(1) utilize solar energy technologies to develop
abandoned or contaminated sites for commercial use;
and
‘‘(2) improve the commercial and economic op-
portunities in the area where the project is located.
‘‘(b) LIMITATIONS.—Projects carried out under this
section shall be subject to the limitations of section
104(k)(4)(B) of the Comprehensive Environmental Re-
sponse, Compensation, and Liability Act of 1980 (42
U.S.C. 9604(k)(4)(B)); except that recipients may use
grant funds awarded under this section for the adminis-
trative costs of economic development activities.
‘‘(c) DEFINITIONS.—In this section, the following
definitions apply:
‘‘(1) 
BRIGHTFIELD
SITE.—The 
term
‘brightfield site’ means a brownfield site (as defined
in section 217) that is redeveloped through the in-
corporation of solar energy technologies.
‘‘(2) QUALIFIED
ELIGIBLE
RECIPIENT.—The
term ‘qualified eligible recipient’ has the meaning
given such term in section 217; except that for any
project undertaken under this section the term may
include a nonprofit organization acting in coopera-
tion with officials of a political subdivision of a
State.
‘‘(d) AUTHORIZATION OF APPROPRIATIONS.—There
is authorized to be appropriated to carry out this section
$5,000,000 for each of fiscal years 2004 through 2008.
Such sums shall remain available until expended.’’.
(b) CONFORMING AMENDMENT.—The table of con-
tents contained in section 1(b) is amended by inserting
after the item relating to section 218 the following:
‘‘Sec. 219. Brightfields demonstration program.’’.
TITLE 
III—COMPREHENSIVE
ECONOMIC 
DEVELOPMENT
STRATEGIES
SEC. 301. COMPREHENSIVE ECONOMIC DEVELOPMENT
STRATEGIES.
(a) IN GENERAL.—Section 302(a)(3)(A) (42 U.S.C.
3162(a)(3)(A)) is amended by inserting ‘‘maximizes effec-
tive development and use of the workforce consistent with
any applicable State or local workforce investment strat-
egy,’’ after ‘‘access,’’.
(b) APPROVAL OF OTHER PLAN.—Section 302(c) (42
U.S.C. 3162(c)) is amended by adding at the end the fol-
lowing: ‘‘To the maximum extent practicable, a plan sub-
mitted under this paragraph shall be consistent and co-
ordinated with any existing comprehensive economic devel-
opment strategy for the area.’’.
TITLE IV—ECONOMIC
DEVELOPMENT DISTRICTS
SEC. 401. INCENTIVES.
Section 403 (42 U.S.C. 3173), and the item relating
to section 403 in the table of contents contained in section
1(b), are repealed.
SEC. 402. PROVISION OF COMPREHENSIVE ECONOMIC DE-
VELOPMENT 
STRATEGIES 
TO 
REGIONAL
COMMISSIONS.
(a) IN GENERAL.—Section 404 (42 U.S.C. 3174) is
amended to read as follows:
‘‘SEC. 404. PROVISION OF COMPREHENSIVE ECONOMIC DE-
VELOPMENT 
STRATEGIES 
TO 
REGIONAL
COMMISSIONS.
‘‘If any part of an economic development district is
in a region covered by one or more of the Regional Com-
missions (as defined in section 3), the economic develop-
ment district shall ensure that a copy of the comprehen-
sive economic development strategy of the district is pro-
vided to the affected Regional Commission.’’.
(b) CONFORMING AMENDMENT.—The table of con-
tents contained in section 1(b) is amended by striking the
item relating to section 404 and inserting the following:
‘‘Sec. 404. Provision of comprehensive economic development strategies to Re-
gional Commissions.’’.
TITLE V—ADMINISTRATION
SEC. 501. ECONOMIC DEVELOPMENT INFORMATION CLEAR-
INGHOUSE.
Section 502 (42 U.S.C. 3192) is amended—
(1) by striking paragraph (1) and inserting the
following:
‘‘(1) maintain a central information clearing-
house on the Internet with—
‘‘(A) information on economic develop-
ment, economic adjustment, disaster recovery,
defense conversion, and trade adjustment pro-
grams and activities of the Federal Govern-
ment;
‘‘(B) links to State economic development
organizations; and
‘‘(C) links to other appropriate economic
development resources;’’;
(2) by striking paragraph (2) and inserting the
following:
‘‘(2) assist potential and actual applicants for
economic development, economic adjustment, dis-
aster recovery, defense conversion, and trade adjust-
ment assistance under Federal and State laws in lo-
cating and applying for the assistance;’’;
(3) by striking the period at the end of para-
graph (3) and inserting ‘‘; and’’; and
(4) by adding at the end the following:
‘‘(4) obtain appropriate information from other
Federal agencies needed to carry out the duties
under this Act.’’.
SEC. 502. BUSINESSES DESIRING FEDERAL CONTRACTS.
Section 505 (42 U.S.C. 3195), and the item relating
to section 505 in the table of contents contained in section
1(b), are repealed.
SEC. 503. PERFORMANCE EVALUATIONS OF GRANT RECIPI-
ENTS.
Section 506(c) (42 U.S.C. 3196(c)) is amended by
striking ‘‘after the effective date of the Economic Develop-
ment Administration Reform Act of 1998’’.
SEC. 504. CONFORMING AMENDMENTS.
(a) STANDARDS.—Section 602 (42 U.S.C. 3212) is
amended—
(1) in the first sentence by striking ‘‘in accord-
ance with’’ and all that follows before the period at
the end and inserting ‘‘in accordance with sub-
chapter IV of chapter 31 of title 40, United States
Code’’; and
(2) in the third sentence by striking ‘‘section 2
of the Act of June 13, 1934, as amended (40 U.S.C.
276c)’’ and inserting ‘‘section 3145 of title 40,
United States Code’’.
(b) EVALUATION CRITERIA.—Section 506(d)(2) (42
U.S.C. 3196(d)(2)) is amended by inserting ‘‘program
performance,’’ after ‘‘applied research,’’.
TITLE VI—MISCELLANEOUS
SEC. 601. RELATIONSHIP TO ASSISTANCE UNDER OTHER
LAW.
Section 609 (42 U.S.C. 3219) is amended—
(1) by striking subsection (a); and
(2) by striking ‘‘(b) ASSISTANCE
UNDER
OTHER ACTS.—’’.
SEC. 602. SENSE OF CONGRESS REGARDING ECONOMIC DE-
VELOPMENT REPRESENTATIVES.
(a) FINDINGS.—Congress finds the following:
(1) Planning and coordination among Federal
agencies, State and local governments, Indian tribes,
and economic development districts is vital to the
success of an economic development program.
(2) Economic Development Representatives of
the Economic Development Administration provide
distressed communities with the technical assistance
necessary to foster this planning and coordination.
(3) In the past five years, the number of Eco-
nomic Development Representatives has declined by
almost 25 percent.
(b) SENSE OF CONGRESS.—It is the sense of Con-
gress that the Secretary should maintain a sufficient num-
ber of Economic Development Representatives to ensure
that the Economic Development Administration is able to
provide effective assistance to distressed communities and
foster economic growth and development among the
States.
TITLE VII—FUNDING
SEC. 701. AUTHORIZATION OF APPROPRIATIONS.
Section 701 (42 U.S.C. 3231) is amended to read as
follows:
‘‘SEC. 701. GENERAL AUTHORIZATION OF APPROPRIA-
TIONS.
‘‘(a) ECONOMIC DEVELOPMENT ASSISTANCE PRO-
GRAMS.—There are authorized to be appropriated for eco-
nomic development assistance programs to carry out this
Act—
‘‘(1) $400,000,000 for fiscal year 2004;
‘‘(2) $425,000,000 for fiscal year 2005;
‘‘(3) $450,000,000 for fiscal year 2006;
‘‘(4) $475,000,000 for fiscal year 2007; and
‘‘(5) $500,000,000 for fiscal year 2008.
Such sums shall remain available until expended.
‘‘(b) SALARIES AND EXPENSES.—There are author-
ized to be appropriated for salaries and expenses of admin-
istering this Act $33,377,000 for fiscal year 2004 and
such sums as may be necessary for each fiscal year there-
after. Such sums shall remain available until expended.’’.
TITLE VIII—APPALACHIAN
REGIONAL DEVELOPMENT
SEC. 801. ADDITIONS TO APPALACHIAN REGION.
(a) KENTUCKY.—Section 14102(a)(1)(C) of title 40,
United States Code, is amended—
(1) by inserting ‘‘Nicholas,’’ after ‘‘Morgan,’’;
and
(2) by inserting ‘‘Robertson,’’ after ‘‘Pulaski,’’.
(b) OHIO.—Section 14102(a)(1)(H) of such title is
amended—
(1) by inserting ‘‘Ashtabula,’’ after ‘‘Adams,’’;
(2) by inserting ‘‘Fayette,’’ after ‘‘Coshocton,’’;
(3) by inserting ‘‘Mahoning,’’ after ‘‘Law-
rence,’’; and
(4) by inserting ‘‘Trumbull,’’ after ‘‘Scioto,’’.
(c) TENNESSEE.—Section 14102(a)(1)(K) of such
title is amended—
(1) by inserting ‘‘Giles,’’ after ‘‘Franklin,’’; and
(2) by inserting ‘‘Lawrence, Lewis, Lincoln,’’
after ‘‘Knox,’’.
(d) VIRGINIA.—Section 14102(a)(1)(L) of such title
is amended—
(1) by inserting ‘‘Henry,’’ after ‘‘Grayson,’’;
and
(2) by inserting ‘‘Patrick,’’ after ‘‘Mont-
gomery,’’.
SEC. 802. AUTHORIZATION OF APPROPRIATIONS.
Section 14703(a) of title 40, United States Code, is
amended by striking paragraphs (1) through (3) and in-
serting the following:
‘‘(1) $88,000,000 for each of fiscal years 2002
and 2003.
‘‘(2) $91,000,000 for fiscal year 2004.
‘‘(3) $93,000,000 for fiscal year 2005.
‘‘(4) $95,000,000 for fiscal year 2006.’’.
Passed the House of Representatives October 21,
2003.
Attest:
Clerk.