[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5517 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 5517
To reauthorize programs of the Economic Development Administration, and
for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
September 14, 2023
Ms. Titus (for herself and Mr. Yakym) introduced the following bill;
which was referred to the Committee on Transportation and
Infrastructure, and in addition to the Committee on Financial Services,
for a period to be subsequently determined by the Speaker, in each case
for consideration of such provisions as fall within the jurisdiction of
the committee concerned
_______________________________________________________________________
A BILL
To reauthorize programs of the Economic Development Administration, and
for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Increasing our Nation's Value
through Economic Support and Tourism in Our Communities Act'' of the
``INVEST in Our Communities Act''.
SEC. 2. DEFINITION OF ELIGIBLE RECIPIENT.
Section 3(4) of the Public Works and Economic Development Act of
1965 (42 U.S.C. 3122(4)) is amended by adding at the end the following:
``(C) Capacity building grants and host grants.--In
the case of grants under sections 208 and 219, the term
`eligible recipient' also includes a Tribal
organization and a Native Hawaiian organization (as
those terms are defined in section 3 of the NATIVE Act
(25 U.S.C. 4352)).''.
SEC. 3. INCREASE IN FEDERAL SHARE FOR TRIBAL ORGANIZATIONS AND NATIVE
HAWAIIAN ORGANIZATIONS.
Section 204(c)(1) of the Public Works and Economic Development Act
of 1965 (42 U.S.C. 3144(c)(1)) is amended--
(1) in the paragraph heading, by inserting ``, tribal
organizations, or native hawaiian organizations'' after
``tribes''; and
(2) by inserting ``, a tribal organization (as defined in
section 3 of the NATIVE Act (25 U.S.C. 4352)), or a Native
Hawaiian organization (as defined in that section)'' after
``Indian tribe''.
SEC. 4. CAPACITY BUILDING GRANT PROGRAM.
(a) In General.--Title II of the Public Works and Economic
Development Act of 1965 (42 U.S.C. 3141 et seq.) is amended by
inserting after section 207 the following:
``SEC. 208. CAPACITY BUILDING GRANT PROGRAM.
``(a) Definition of Predevelopment Activity.--In this section, the
term `predevelopment activity' means an activity carried out before a
project can proceed to the execution stage or the eligible recipient
can secure financing and partners.
``(b) Establishment.--The Secretary shall establish a program to
provide to eligible recipients assistance for predevelopment
activities.
``(c) Use of Funds.--An eligible recipient may use funds from a
grant under this section--
``(1) to carry out certain predevelopment activities,
including--
``(A) planning and community asset mapping;
``(B) training;
``(C) technical assistance and organizational
development;
``(D) feasibility and market studies;
``(E) demonstration projects;
``(F) organizational capacity building;
``(G) organizing and facilitating convenings; and
``(H) other predevelopment activities, as
determined appropriate by the Secretary; and
``(2) to hire and obtain qualified economic development
professionals and services for a 3-year period to develop and
carry out a comprehensive economic development strategy, an
economic development strategic plan, or other predevelopment
activities.
``(d) Applications.--To be eligible for a grant under this section,
an eligible recipient shall submit to the Secretary an application at
such time, in such manner, and containing such information as the
Secretary may require, including a specific plan--
``(1) on how the eligible recipient will carry out
predevelopment activities using grant funds; and
``(2) for the continuation of the position created or
services obtained as a result of the grant after the end of the
3-year term, if applicable.
``(e) Waiver of Attorney's and Consultant's Fee Prohibition.--In
the case of a project under this section that is carried out using
grant funds by 1 or more eligible recipients with low organizational
capacity, in the determination of the Secretary, the Secretary may
waive the prohibition described in section 213.''.
(b) Additional Eligibility.--
(1) Grants for public works and economic development.--
Section 201(a) of the Public Works and Economic Development Act
of 1965 (42 U.S.C. 3141(a)) is amended--
(A) in paragraph (1), by striking ``and'' at the
end;
(B) in paragraph (2), by striking the period at the
end and inserting ``; and''; and
(C) by adding at the end the following:
``(3) predevelopment activities (as defined in section
208(a)).''.
(2) Grants for economic adjustment.--Section 209(a) of the
Public Works and Economic Development Act of 1965 (42 U.S.C.
3149(a)) is amended by inserting ``predevelopment activities
(as defined in section 208(a)),'' after ``training,''.
(3) Conforming amendment.--Section 302(a) of the Public
Works and Economic Development Act of 1965 (42 U.S.C. 3162(a))
is amended, in the matter preceding paragraph (1), by inserting
``and predevelopment activities (as defined in section 208(a))
under section 201 or 209'' after ``section 209''.
(c) Increase in Federal Share.--Section 204(c)(3) of the Public
Works and Economic Development Act of 1965 (42 U.S.C. 3144(c)(3)) is
amended--
(1) in the paragraph heading, by inserting ``and capacity
building'' after ``technical assistance''; and
(2) by striking ``section 207'' and inserting ``sections
207 and 208''.
(d) Direct Expenditure or Redistribution by Recipient.--Section
217(a) of the Public Works and Economic Development Act of 1965 (42
U.S.C. 3154c(a)) is amended by striking ``or 207'' and inserting ``207,
or 208''.
(e) Powers of the Secretary.--Section 601(a)(12) of the Public
Works and Economic Development Act of 1965 (42 U.S.C. 3211(a)(12)) is
amended by striking ``section 207'' and inserting ``sections 207 and
208''.
(f) Clerical Amendment.--The table of contents contained in section
1(b) of the Public Works and Economic Development Act of 1965 (79 Stat.
552; 112 Stat. 3597; 118 Stat. 1761) is amended by inserting after the
item relating to section 207 the following:
``Sec. 208. Capacity building grant program.''.
SEC. 5. GRANTS FOR PLANNING AND GRANTS FOR ADMINISTRATIVE EXPENSES.
(a) Administrative Expenses.--Section 203 of the Public Works and
Economic Development Act of 1965 (42 U.S.C. 3143) is amended by adding
at the end the following:
``(e) Administrative Expenses.--Administrative expenses described
in subsection (a) shall include expenses relating to--
``(1) carrying out the planning process described in
subsection (b); and
``(2) hiring professional staff to assist communities or
organizations in--
``(A) implementing projects and priorities included
in--
``(i) a comprehensive economic development
strategy; or
``(ii) an economic development planning
grant;
``(B) identifying and using other Federal, State,
and Tribal economic development programs;
``(C) leveraging private and philanthropic
investment;
``(D) preparing disaster coordination and
preparation plans;
``(E) collaborating with trade adjustment
assistance centers, Hollings Manufacturing Extension
Partnership Centers of the National Institute of
Standards and Technology, Business Centers and Rural
Business Centers of the Minority Business Development
Agency, and other relevant Federal economic development
technical assistance and service providers to promote
domestic manufacturing; and
``(F) carrying out economic development activities
in accordance with professional economic development
best practices.''.
(b) Increase in Federal Share.--Section 204(c) of the Public Works
and Economic Development Act of 1965 (42 U.S.C. 3144(c)) is amended by
adding at the end the following:
``(4) Grants for planning and grants for administrative
expenses.--In the case of a grant provided under section 203,
the Secretary may increase the Federal share above the
percentage specified in subsection (a) up to 80 percent of the
cost of the project.''.
SEC. 6. HOSPITALITY AND OUTDOOR-RECREATION SUPPORTING TOURISM (HOST)
GRANTS.
(a) In General.--Title II of the Public Works and Economic
Development Act of 1965 (42 U.S.C. 3141 et seq.) is amended by adding
at the end the following:
``SEC. 219. HOSPITALITY AND OUTDOOR-RECREATION SUPPORTING TOURISM
(HOST) GRANTS.
``(a) Definitions.--In this section:
``(1) Outdoor recreation.--The term `outdoor recreation'
means all recreational activities, and the economic drivers of
those activities, such as businesses and local economic
efforts, undertaken for pleasure that--
``(A) generally involve some level of intentional
physical exertion; and
``(B) occur in nature-based environments outdoors.
``(2) Tourism, hospitality, or special event activity.--The
term `tourism, hospitality, or special event activity' means
any economic activity that primarily serves to encourage
recreational or business travel within the United States or
from abroad, including tourist attractions, activities relating
to arts and cultural affairs, business and recreational
conventions, large entertainment events and venues, and
promotion or organization of any such activity.
``(b) Establishment.--The Secretary shall establish a program to
provide grants to eligible recipients to support outdoor recreation,
travel, and tourism, hospitality, or special event activities to spur
economic development.
``(c) Goals.--A project carried out with a grant under this section
shall be carried out for the goal of--
``(1) in the case of an infrastructure project--
``(A) leading to long-term increases in tourist
activity in a region, including in communities adjacent
to National Park System units, National Forest System
land, State parks, national marine sanctuaries,
National Heritage Areas, Tribal parks, or other natural
destinations;
``(B) using nature-based infrastructure projects
and other projects intended to enhance public access to
outdoor recreation opportunities; and
``(C) enhancing the visitor experience or economic
value of the local tourism, hospitality, or special
event industries; or
``(2) in the case of other projects as determined
appropriate by the Secretary, supporting the outdoor
recreation, travel, tourism, hospitality, or special event
industries, in a manner consistent with the National Travel and
Tourism Strategy or as recommended by the United States Travel
and Tourism Advisory Board, if any.
``(d) Eligible Uses.--
``(1) In general.--A grant under this section may be used--
``(A) for short-term and long-term economic
development planning and coordination of local or
regional outdoor recreation, travel, tourism,
hospitality, and special event industries;
``(B) to carry out technical assistance projects to
assist local or regional economies in--
``(i) the recovery from, and response to,
damage to the outdoor recreation, travel,
tourism, hospitality, and special event
industries as a result of a natural disaster or
public health emergency; and
``(ii) future development of the outdoor
recreation, travel, tourism, hospitality, or
special event industries;
``(C) to pay costs associated with obtaining State,
Tribal, county, city, community, or regional tourism,
hospitality, or special event activity marketing and
promotion campaigns, including through nonprofit or
quasigovernmental Destination Marketing Organizations
(DMOs);
``(D) to carry out construction activities that
support local or regional outdoor recreation, travel,
tourism, hospitality, or special events, including
activities involving--
``(i) construction of new, or improvements
to existing, outdoor recreation and trail
infrastructure, including public access and
safety enhancements to that infrastructure;
``(ii) nature-based infrastructure projects
to improve access to outdoor recreation;
``(iii) improvement of cultural, arts,
convention, special event, outdoor recreation,
and tourism facilities, such as visitor or
tourist information centers, including
through--
``(I) general accessibility
upgrades, such as increasing disability
access;
``(II) improving ventilation,
heating, and cooling systems;
``(III) increasing energy
efficiency; and
``(IV) incorporating additional
renewable energy generation associated
with that infrastructure, including
zero-emission vehicle fleets and
charging infrastructure;
``(iv) construction of workforce training
facilities in order to carry out capacity
building programs;
``(v) water or wastewater and stormwater
improvements;
``(vi) pier construction and improvements;
and
``(vii) accessibility enhancements;
``(E) to pay costs associated with upgrades and
retrofits, including filtration and sanitation and
physical modifications to existing local or regional
outdoor recreation, travel, tourism, hospitality, or
special event infrastructure, such as convention
centers, large event spaces, campsites, or associated
community attractions, with precautions to provide for
safe worker, traveler, or event environments to
increase travel and tourism activities or to make the
infrastructure more functional as a result of a natural
disaster or a public health emergency;
``(F) to establish programs to provide assistance
to businesses in local or regional outdoor recreation,
travel, tourism, hospitality, or special events
industries--
``(i) for development;
``(ii) to recover from the impacts of a
major disaster or emergency declared under the
Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5121 et
seq.) or a public health emergency declared
under section 319 of the Public Health Service
Act (42 U.S.C. 247d); or
``(iii) for expansion of programs;
``(G) to carry out workforce training, recruitment,
and research programs that support the outdoor
recreation, travel, tourism, hospitality, or special
event industries to improve the skills of, and job
opportunities for, workers in those industries,
including through a program registered under the Act of
August 16, 1937 (commonly known as the `National
Apprenticeship Act'; 29 U.S.C. 50 et seq.), and other
work and learn models;
``(H) to pay costs associated with providing
information to visitors about the health and safety
protections, guidance, or requirements of Federal,
State, Tribal, or local governments and businesses in
the wake of a natural disaster or a public health
emergency; and
``(I) as applicable, and a result of a natural
disaster or a public health emergency to pay the costs
of salaries and expenses associated with the operations
of the eligible recipient, other than salaries and
expenses of the executives of the eligible recipient,
if the applicant--
``(i) demonstrates the capacity to maintain
the positions for which the funds are used; or
``(ii) demonstrates that the positions for
which the funds are used are temporary or
seasonal.
``(2) Examples.--Examples of activities that comply with
the eligible uses described in subparagraphs (A) through (I) of
paragraph (1) include activities that involve--
``(A) media and marketing;
``(B) installing or constructing visitor kiosks;
``(C) installing interpretive signage;
``(D) building improvements; and
``(E) support or technical assistance for small
businesses, including activities that bring public
awareness to those small businesses.
``(3) Prohibition.--Amounts provided under this section may
not be used--
``(A) for recruitment efforts to bring in or host
particular events, such as sporting competitions or
other activities; or
``(B) to invest in facilities, events, or
operations that are not open or broadly available to
the general public.
``(e) Coordination With BIA.--In carrying out this section, the
Secretary shall coordinate with, as appropriate, the Tribal Tourism
Grant Program of the Office of Indian Economic Development of the
Bureau of Indian Affairs to support Tribal communities when funding
provided under that grant program is helpful in developing or expanding
the outdoor recreation, travel, tourism, hospitality, and special event
economies of those Tribal communities.
``(f) Priority.--The Secretary shall give priority to eligible
recipients that seek to carry out an activity that--
``(1) is based on long-term, regionally oriented,
coordinated, and collaborative economic development or
redevelopment strategies that foster economic growth and
resilience;
``(2) will promote workforce development; or
``(3) will involve a minority-owned, rural, Native
American, or otherwise underserved small business concern.
``(g) Consideration Relating to Indian Tribes, Tribal
Organizations, and Native Hawaiian Organizations.--In providing a grant
under this section to an eligible recipient that is an Indian tribe, a
tribal organization (as defined in section 3 of the NATIVE Act (25
U.S.C. 4352)), or a Native Hawaiian organization (as defined in that
section), the Secretary--
``(1) may consider whether the Indian tribe, tribal
organization (as so defined), or Native Hawaiian organization
(as so defined), as applicable, has matching funds from other
sources to carry out an activity; and
``(2) shall not require the Indian tribe, tribal
organization (as so defined), or Native Hawaiian organization
(as so defined), as applicable, to provide matching funds from
other sources to receive a grant under this section.
``(h) Regional Distribution.--
``(1) In general.--In providing grants under this section,
the Secretary shall distribute the funds to eligible recipients
in each region served by the Economic Development
Administration in accordance with the distribution parameters
described in paragraph (2)(A).
``(2) Distribution of awards.--
``(A) In general.--The distribution parameters
referred to in paragraph (1) shall include
consideration of each of the following:
``(i) Using the most recent data from the
Quarterly Census of Employment and Wages and
the Current Employment Statistics, employment
in the leisure and hospitality sectors (other
than food service businesses) as a percentage
of total employment in States in the region,
using a 5-year average.
``(ii) Using the most recent data from the
Arts and Cultural Production and Outdoor
Recreation Satellite Account, employment in
arts and cultural production and outdoor
recreation as a percentage of total employment
in States in the region, using a 5-year
average.
``(iii) The number of international and
domestic visitors in States in the region,
using data from the Department or another
source as the Secretary determines to be
appropriate.
``(iv) The impacts of natural or economic
disasters, or public health emergencies, on the
outdoor recreation, travel, tourism,
hospitality, or special event industries in
States in the region.
``(v) Any other data that the Secretary
determines reliably measures the impact of
outdoor recreation, travel, tourism,
hospitality, or special events to the economy
of a State.
``(B) Out of date, discontinued, or inaccurate data
sources.--If the Secretary determines that a data
source described in clause (i) or (ii) of subparagraph
(A) is out of date, discontinued, or otherwise
inaccurate, the Secretary may substitute other data
sources to obtain the employment statistics described
in those clauses, subject to the condition that the
Secretary provides to Congress a report describing the
new data source used by the Secretary.
``(i) Outdoor Recreation Set-Aside.--Of the amounts made available
for each fiscal year to carry out this section, the Secretary shall
ensure that not less than 40 percent is used to provide assistance to
eligible recipients for activities that benefit the local outdoor
recreation sector.
``(j) Rural Set-Aside.--
``(1) In general.--Of the amounts made available for each
fiscal year to carry out this section, the Secretary shall
ensure that not less than 20 percent is used to provide
assistance to eligible recipients located in, or that serve, a
rural area (as defined in section 343(a) of the Consolidated
Farm and Rural Development Act (7 U.S.C. 1991(a))), with a
particular focus on rural areas that are located in distressed
or underserved communities.
``(2) Waiver.--If there are not sufficient qualified
eligible recipients located in, or that serve, a rural area (as
so defined), to carry out paragraph (1), the Secretary may
waive the requirement under that paragraph.
``(k) Native American Set-Aside.--
``(1) In general.--Of the amounts made available for each
fiscal year to carry out this section, the Secretary shall
ensure that not less than 5 percent is used to provide
assistance to eligible recipients that are Indian tribes,
Tribal organizations (as defined in section 3 of the NATIVE Act
(25 U.S.C. 4352)), and Native Hawaiian organizations (as
defined in that section).
``(2) Waiver.--If there are not sufficient qualified
eligible recipients that are Indian tribes, Tribal
organizations (as so defined), or Native Hawaiian organizations
(as so defined) to carry out paragraph (1), the Secretary may
waive the requirement under that paragraph.
``(l) Federal Share.--Section 204(c) of the Public Works and
Economic Development Act of 1965 (42 U.S.C. 3144(c)) (as amended by
section 6(b)) is amended--
``(1) in paragraph (1), by striking `In the case' and
inserting `Except as provided in paragraph (5), in the case';
and
``(2) by adding at the end the following:
```(5) HOST grant to indian tribes, tribal organizations,
or native hawaiian organizations.--In the case of a grant to an
Indian tribe, a tribal organization (as defined in section 3 of
the NATIVE Act (25 U.S.C. 4352)), or a Native Hawaiian
organization (as defined in that section) for a project under
section 219, the Federal share of the cost of the project shall
be 100 percent.'.''.
(b) Clerical Amendment.--The table of contents contained in section
1(b) of the Public Works and Economic Development Act of 1965 (79 Stat.
552; 112 Stat. 3597; 118 Stat. 1767) is amended by inserting after the
item relating to section 218 the following:
``Sec. 219. Hospitality and Outdoor-Recreation Supporting Tourism
(HOST) grants.''.
SEC. 7. TOURISM MARKETING.
(a) Declaration.--Section 2(b) of the Public Works and Economic
Development Act of 1965 (42 U.S.C. 3121(b)) is amended--
(1) in paragraph (3), by striking ``and'' at the end;
(2) in paragraph (4), by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following:
``(5) tourism marketing is an economic development tool
used by communities for economic development and should be
considered an eligible use of economic development funding
awarded by the Federal Government through the Economic
Development Administration.''.
(b) Grants for Economic Adjustment.--Section 209(a) of the Public
Works and Economic Development Act of 1965 (42 U.S.C. 3149(a)) (as
amended by section 5(b)(2)) is amended by inserting ``travel promotion
(including funding for tourism marketing, marketing research,
purchasing advertisements, and attracting business meetings or
convention travel),'' after ``208(a)),''.
SEC. 8. FUNDING FOR HOST GRANTS.
(a) In General.--Title VII of the Public Works and Economic
Development Act of 1965 (42 U.S.C. 3231 et seq.) is amended by adding
at the end the following:
``SEC. 705. FUNDING FOR HOST GRANTS.
``Of the amounts made available under section 701(a) for each of
fiscal years 2023 through 2027, $100,000,000 shall be used to carry out
section 219, of which 3 percent shall be used for the administrative
costs of carrying out that section, including for maintaining the
distribution parameters described in subsection (f)(2) of that
section.''.
(b) Clerical Amendment.--The table of contents contained in section
1(b) of the Public Works and Economic Development Act of 1965 (79 Stat.
552; 112 Stat. 3597; 118 Stat. 1772) is amended by inserting after the
item relating to section 704 the following:
``Sec. 705. Funding for HOST grants.''.
SEC. 9. COST SHARING.
Section 204 of the Public Works and Economic Development Act of
1965 (42 U.S.C. 3144) is amended--
(1) in subsection (a)--
(A) in the matter preceding paragraph (1), by
striking ``subsection (c)'' and inserting ``this
section''; and
(B) in paragraph (2)(A), by striking ``30 percent''
and inserting ``40 percent''; and
(2) by adding at the end the following:
``(e) Communities Affected by Disasters.--In the case of a grant
under section 209(c)(2), the Federal share of the cost of a project
carried out with the grant shall be 100 percent.
``(f) COVID-Era Funding.--
``(1) In general.--In the case of a project carried out
with a grant under this Act made on or after the date of
enactment of the INVEST in Our Communities Act from amounts
made available during the period during which the public health
emergency declared by the Secretary of Health and Human
Services under section 319 of the Public Health Service Act (42
U.S.C. 247d) on January 31, 2020, with respect to COVID-19 is
in effect, the Federal share of the cost of the project shall
be not less than 90 percent.
``(2) Certain areas.--The Secretary shall consider
increasing the Federal share set by the Secretary under
paragraph (1) to be 100 percent of the cost of the project if
the project is to be carried out in an area that is
experiencing, in the determination of the Secretary, lasting
economic impacts as a result of the COVID-19 pandemic.''.
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