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(2) by striking paragraph (4). 
SEC. 204. REGULATIONS ON RELATIVE NEEDS AND ALLOCA-
TIONS. 
Section 206 (42 U.S.C. 3146) is amended—
(1) by striking ‘‘and’’ at the end of paragraph 
(1)(B); 
(2) by striking the period at the end of para-
graph (2) and inserting ‘‘; and’’; and 
(3) by adding at the end the following: 
‘‘(3) grants made under this title promote job 
creation and will have a high probability of meeting 
or exceeding applicable performance requirements 
established in connection with the grants.’’. 
SEC. 205. GRANTS FOR TRAINING, RESEARCH, AND TECH-
NICAL ASSISTANCE. 
(a) IN GENERAL.—Section 207(a)(2) (42 U.S.C. 
3147(a)(2)) is amended—
(1) by striking ‘‘and’’ at the end of subpara-
graph (F); 
(2) by redesignating subparagraph (G) as sub-
paragraph (H); and 
(3) by inserting after subparagraph (F) the fol-
lowing:
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‘‘(G) studies that evaluate the effectiveness 
of coordinating projects funded under this Act 
with projects funded under other Acts; and’’. 
(b) COOPERATION REQUIREMENT.—Section 207(a) 
(42 U.S.C. 3147(a)) is amended by adding at the end the 
following: 
‘‘(4) COOPERATION
REQUIREMENT.—In the 
case of a project assisted under this section that is 
national or regional in scope, the Secretary may 
waive the provision in section 3(4)(A)(vi) requiring 
a nonprofit organization or association to act in co-
operation with officials of a political subdivision of 
a State.’’. 
SEC. 206. PREVENTION OF UNFAIR COMPETITION. 
Section 208 (42 U.S.C. 3148), and the item relating 
to section 208 in the table of contents contained in section 
1(b), are repealed. 
SEC. 207. GRANTS FOR ECONOMIC ADJUSTMENT. 
(a) DIRECT EXPENDITURE OR REDISTRIBUTION BY 
RECIPIENT.—Section 209(d) (42 U.S.C. 3149(d)) is 
amended by striking ‘‘an eligible recipient’’ each place it 
appears and inserting ‘‘a recipient’’. 
(b) SPECIAL PROVISIONS RELATING TO REVOLVING 
LOAN FUND GRANTS.—Section 209 (42 U.S.C. 3149) is 
amended by adding at the end the following:
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‘‘(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
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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:
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‘‘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.’’.
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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.’’.
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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.’’.
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SEC. 211. PLANNING 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. 216. PLANNING PERFORMANCE AWARDS. 
‘‘(a) IN GENERAL.—The Secretary may make a plan-
ning performance 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 this title located in 
an economic development district. 
‘‘(b) ELIGIBILITY.—The Secretary may make a plan-
ning performance award to an eligible recipient under sub-
section (a) in connection with a grant for a project if the 
Secretary determines before closeout of the project that—
‘‘(1) the recipient actively participated in the 
economic development activities of the economic de-
velopment district in which the project is located; 
‘‘(2) the project is consistent with the com-
prehensive economic development strategy of the dis-
trict; 
‘‘(3) the recipient worked with Federal, State, 
and local economic development entities throughout 
the development of the project; and 
‘‘(4) the project was completed in accordance 
with the comprehensive economic development strat-
egy of the district.
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‘‘(c) MAXIMUM AMOUNT.—The amount of a planning 
performance award made under subsection (a) in connec-
tion with a grant may not exceed 5 percent of the amount 
of the grant. 
‘‘(d) USE OF AWARDS.—A recipient of a planning 
performance award under subsection (a) shall use the 
award to increase the Federal share of the cost of a project 
under this title. 
‘‘(e) FEDERAL
SHARE.—Notwithstanding section 
204, the amounts of a planning performance award may 
be used for up to 100 percent of the cost of a project 
under this title. 
‘‘(f) FUNDING.—The Secretary shall carry out this 
section using any amounts made available for economic 
development assistance programs.’’. 
(b) CONFORMING AMENDMENT.—The table of con-
tents contained in section 1(b) is amended by inserting 
after the item relating to section 215 the following:
‘‘Sec. 216. Planning performance awards.’’.
SEC. 212. SUBGRANTS. 
(a) IN GENERAL.—Title II (42 U.S.C. 3141 et seq.) 
is further amended by adding at the end the following: 
‘‘SEC. 217. SUBGRANTS. 
‘‘(a) IN GENERAL.—Subject to subsection (b), a re-
cipient of a grant under section 201, 203, or 207 may
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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.
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‘‘(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:
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‘‘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
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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-
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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:
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‘‘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;’’;
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(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.
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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.
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(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.
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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
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(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: 
JEFF TRANDAHL, 
Clerk.