Text: S.1134 — 108th Congress (2003-2004)All Bill Information (Except Text)

10/27/2004 Became Public Law No: 108-373

Bill text available as:

Shown Here:
Enrolled Bill


Formatting necessary for an accurate reading of this legislative text may be shown by tags (e.g., <DELETED> or <BOLD>) or may be missing from this TXT display. For complete and accurate display of this text, see the PDF or HTML/XML.




[Congressional Bills 108th Congress]
[From the U.S. Government Printing Office]
[S. 1134 Enrolled Bill (ENR)]

        S.1134

                       One Hundred Eighth Congress

                                 of the

                        United States of America


                          AT THE SECOND SESSION

          Begun and held at the City of Washington on Tuesday,
           the twentieth day of January, two thousand and four


                                 An Act


 
 To reauthorize and improve the program authorized by the Public Works 
                  and Economic Development Act of 1965.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Economic 
Development Administration Reauthorization Act of 2004''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:
Sec. 1. Short title; table of contents.

                       TITLE I--GENERAL PROVISIONS

Sec. 101. Findings and declarations.
Sec. 102. Definitions.
Sec. 103. Establishment of Economic Development partnerships.
Sec. 104. Coordination.

       TITLE II--GRANTS FOR PUBLIC WORKS AND ECONOMIC DEVELOPMENT

Sec. 201. Grants for planning.
Sec. 202. Cost sharing.
Sec. 203. Supplementary grants.
Sec. 204. Regulations on relative needs and allocations.
Sec. 205. Grants for training, research, and technical assistance.
Sec. 206. Prevention of unfair competition.
Sec. 207. Grants for economic adjustment.
Sec. 208. Use of funds in projects constructed under projected cost.
Sec. 209. Special impact areas.
Sec. 210. Performance awards.
Sec. 211. Planning performance awards.
Sec. 212. Direct expenditure or redistribution by recipient.
Sec. 213. Brightfields demonstration program.

        TITLE III--COMPREHENSIVE ECONOMIC DEVELOPMENT STRATEGIES

Sec. 301. Eligibility of areas.
Sec. 302. Comprehensive Economic Development strategies.

                TITLE IV--ECONOMIC DEVELOPMENT DISTRICTS

Sec. 401. Incentives.
Sec. 402. Provision of comprehensive Economic Development strategies to 
          Regional Commissions.

                         TITLE V--ADMINISTRATION

Sec. 501. Economic Development information clearinghouse.
Sec. 502. Businesses desiring Federal contracts.
Sec. 503. Performance evaluations of grant recipients.
Sec. 504. Conforming amendments.

                         TITLE VI--MISCELLANEOUS

Sec. 601. Annual report to Congress.
Sec. 602. Relationship to assistance under other law.
Sec. 603. Brownfields redevelopment report.
Sec. 604. Savings clause.
Sec. 605. Sense of Congress regarding Economic Development 
          Representatives.

                           TITLE VII--FUNDING

Sec. 701. Authorization of appropriations.
Sec. 702. Funding for grants for planning and grants for administrative 
          expenses.

                      TITLE I--GENERAL PROVISIONS

SEC. 101. FINDINGS AND DECLARATIONS.

    Section 2 of the Public Works and Economic Development Act of 1965 
(42 U.S.C. 3121) is amended to read as follows:

``SEC. 2. FINDINGS AND DECLARATIONS.

    ``(a) Findings.--Congress finds that--
        ``(1) there continue to be areas of the United States 
    experiencing chronic high unemployment, underemployment, 
    outmigration, and low per capita incomes, as well as areas facing 
    sudden and severe economic dislocations because of structural 
    economic changes, changing trade patterns, certain Federal actions 
    (including environmental requirements that result in the removal of 
    economic activities from a locality), and natural disasters;
        ``(2) economic growth in the States, cities, and rural areas of 
    the United States is produced by expanding economic opportunities, 
    expanding free enterprise through trade, developing and 
    strengthening public infrastructure, and creating a climate for job 
    creation and business development;
        ``(3) the goal of Federal economic development programs is to 
    raise the standard of living for all citizens and increase the 
    wealth and overall rate of growth of the economy by encouraging 
    communities to develop a more competitive and diversified economic 
    base by--
            ``(A) creating an environment that promotes economic 
        activity by improving and expanding public infrastructure;
            ``(B) promoting job creation through increased innovation, 
        productivity, and entrepreneurship; and
            ``(C) empowering local and regional communities 
        experiencing chronic high unemployment and low per capita 
        income to develop private sector business and attract increased 
        private sector capital investment;
        ``(4) while economic development is an inherently local 
    process, the Federal Government should work in partnership with 
    public and private State, regional, tribal, and local organizations 
    to maximize the impact of existing resources and enable regions, 
    communities, and citizens to participate more fully in the American 
    dream and national prosperity;
        ``(5) in order to avoid duplication of effort and achieve 
    meaningful, long-lasting results, Federal, State, tribal, and local 
    economic development activities should have a clear focus, improved 
    coordination, a comprehensive approach, and simplified and 
    consistent requirements; and
        ``(6) Federal economic development efforts will be more 
    effective if the efforts are coordinated with, and build upon, the 
    trade, workforce investment, transportation, and technology 
    programs of the United States.
    ``(b) Declarations.--In order to promote a strong and growing 
economy throughout the United States, Congress declares that--
        ``(1) assistance under this Act should be made available to 
    both rural- and urban-distressed communities;
        ``(2) local communities should work in partnership with 
    neighboring communities, the States, Indian tribes, and the Federal 
    Government to increase the capacity of the local communities to 
    develop and implement comprehensive economic development strategies 
    to alleviate economic distress and enhance competitiveness in the 
    global economy;
        ``(3) whether suffering from long-term distress or a sudden 
    dislocation, distressed communities should be encouraged to support 
    entrepreneurship to take advantage of the development opportunities 
    afforded by technological innovation and expanding newly opened 
    global markets; and
        ``(4) assistance under this Act should be made available to 
    promote the productive reuse of abandoned industrial facilities and 
    the redevelopment of brownfields.''.

SEC. 102. DEFINITIONS.

    (a) Eligible Recipient.--Section 3(4)(A) of the Public Works and 
Economic Development Act of 1965 (42 U.S.C. 3122(4)(A)) is amended--
        (1) by striking clause (i) and redesignating clauses (ii) 
    through (vii) as clauses (i) through (vi), respectively; and
        (2) in clause (iv) (as redesignated by paragraph (1)) by 
    inserting ``, including a special purpose unit of a State or local 
    government engaged in economic or infrastructure development 
    activities,'' after ``State''.
    (b) Regional Commissions; University Center.--Section 3 of the 
Public Works and Economic Development Act of 1965 (42 U.S.C. 3122) is 
amended--
        (1) by redesignating paragraphs (8), (9), and (10) as 
    paragraphs (9), (10), and (11), respectively;
        (2) by inserting after paragraph (7) the following:
        ``(8) Regional commissions.--The term `Regional Commissions' 
    means--
            ``(A) the Appalachian Regional Commission established under 
        chapter 143 of title 40, United States Code;
            ``(B) the Delta Regional Authority established under 
        subtitle F of the Consolidated Farm and Rural Development Act 
        (7 U.S.C. 2009aa et seq.);
            ``(C) the Denali Commission established under the Denali 
        Commission Act of 1998 (42 U.S.C. 3121 note; 112 Stat. 2681-637 
        et seq.); and
            ``(D) the Northern Great Plains Regional Authority 
        established under subtitle G of the Consolidated Farm and Rural 
        Development Act (7 U.S.C. 2009bb et seq.).''; and
        (3) by adding at the end the following:
        ``(12) University center.--The term `university center' means 
    an institution of higher education or a consortium of institutions 
    of higher education established as a University Center for Economic 
    Development under section 207(a)(2)(D).''.

SEC. 103. ESTABLISHMENT OF ECONOMIC DEVELOPMENT PARTNERSHIPS.

    Section 101 of the Public Works and Economic Development Act of 
1965 (42 U.S.C. 3131) is amended--
        (1) in subsection (b), by striking ``and multi-State regional 
    organizations'' and inserting ``multi-State regional organizations, 
    and nonprofit organizations''; and
        (2) in subsection (d)(1), by striking ``adjoining'' each place 
    it appears.

SEC. 104. COORDINATION.

    Section 103 of the Public Works and Economic Development Act of 
1965 (42 U.S.C. 3132) is amended--
        (1) by inserting ``(a) In General.--'' before ``The 
    Secretary'';
        (2) in subsection (a) (as designated by paragraph (1)), by 
    inserting ``Indian tribes,'' after ``districts,''; and
        (3) by adding at the end the following:
    ``(b) Meetings.--To carry out subsection (a), or for any other 
purpose relating to economic development activities, the Secretary may 
convene meetings with Federal agencies, State and local governments, 
economic development districts, Indian tribes, and other appropriate 
planning and development organizations.''.

       TITLE II--GRANTS FOR PUBLIC WORKS AND ECONOMIC DEVELOPMENT

SEC. 201. GRANTS FOR PLANNING.

    Section 203(d) of the Public Works and Economic Development Act of 
1965 (42 U.S.C. 3143(d)) is amended--
        (1) in paragraph (1), by inserting ``, to the maximum extent 
    practicable,'' after ``developed'' the second place it appears;
        (2) by striking paragraph (3) and inserting the following:
        ``(3) Coordination.--Before providing assistance for a State 
    plan under this section, the Secretary shall consider the extent to 
    which the State will consider local and economic development 
    district plans.''; and
        (3) in paragraph (4)--
            (A) by striking ``and'' at the end of subparagraph (C);
            (B) by redesignating subparagraph (D) as subparagraph (F); 
        and
            (C) by adding after subparagraph (C) the following:
            ``(D) assist in carrying out the workforce investment 
        strategy of a State;
            ``(E) promote the use of technology in economic 
        development, including access to high-speed telecommunications; 
        and''.

SEC. 202. COST SHARING.

    (a) Federal Share.--Section 204 of the Public Works and Economic 
Development Act of 1965 (42 U.S.C. 3144) is amended by striking 
subsection (a) and inserting the following:
    ``(a) Federal Share.--Except as provided in subsection (c), the 
Federal share of the cost of any project carried out under this title 
shall not exceed--
        ``(1) 50 percent; plus
        ``(2) an additional percent that--
            ``(A) shall not exceed 30 percent; and
            ``(B) is based on the relative needs of the area in which 
        the project will be located, as determined in accordance with 
        regulations promulgated by the Secretary.''.
    (b) Non-Federal Share.--Section 204(b) of the Public Works and 
Economic Development Act of 1965 (42 U.S.C. 3144(b)) is amended by 
inserting ``assumptions of debt,'' after ``equipment,''.
    (c) Increase in Federal Share.--Section 204 of the Public Works and 
Economic Development Act of 1965 (42 U.S.C. 3144) is amended by adding 
at the end the following:
    ``(c) Increase in Federal Share.--
        ``(1) Indian tribes.--In the case of a grant to an Indian tribe 
    for a project under this title, the Secretary may increase the 
    Federal share above the percentage specified in subsection (a) up 
    to 100 percent of the cost of the project.
        ``(2) Certain states, political subdivisions, and nonprofit 
    organizations.--In the case of a grant to a State, or a political 
    subdivision of a State, that the Secretary determines has exhausted 
    the effective taxing and borrowing capacity of the State or 
    political subdivision, or in the case of a grant to a nonprofit 
    organization that the Secretary determines has exhausted the 
    effective borrowing capacity of the nonprofit organization, the 
    Secretary may increase the Federal share above the percentage 
    specified in subsection (a) up to 100 percent of the cost of the 
    project.
        ``(3) Training, research, and technical assistance.--In the 
    case of a grant provided under section 207, the Secretary may 
    increase the Federal share above the percentage specified in 
    subsection (a) up to 100 percent of the cost of the project if the 
    Secretary determines that the project funded by the grant merits, 
    and is not feasible without, such an increase.''.

SEC. 203. SUPPLEMENTARY GRANTS.

    (a) In General.--Section 205 of the Public Works and Economic 
Development Act of 1965 (42 U.S.C. 3145) is amended by striking 
subsection (b) and inserting the following:
    ``(b) Supplementary Grants.--Subject to subsection (c), in order to 
assist eligible recipients in taking advantage of designated Federal 
grant programs, on the application of an eligible recipient, the 
Secretary may make a supplementary grant for a project for which the 
recipient is eligible but for which the recipient cannot provide the 
required non-Federal share because of the economic situation of the 
recipient.''.
    (b) Requirements Applicable to Supplementary Grants.--Section 
205(c) of the Public Works and Economic Development Act of 1965 (42 
U.S.C. 3145(c)) is amended--
        (1) by striking paragraphs (1) and (2) and inserting the 
    following:
        ``(1) Amount of supplementary grants.--The share of the project 
    cost supported by a supplementary grant under this section may not 
    exceed the applicable Federal share under section 204.
        ``(2) Form of supplementary grants.--The Secretary shall make 
    supplementary grants by--
            ``(A) the payment of funds made available under this Act to 
        the heads of the Federal agencies responsible for carrying out 
        the applicable Federal programs; or
            ``(B) the award of funds under this Act, which will be 
        combined with funds transferred from other Federal agencies in 
        projects administered by the Secretary.''; and
        (2) by striking paragraph (4).

SEC. 204. REGULATIONS ON RELATIVE NEEDS AND ALLOCATIONS.

    Section 206 of the Public Works and Economic Development Act of 
1965 (42 U.S.C. 3146) is amended--
        (1) in paragraph (1)(C), by striking ``and'' at the end;
        (2) in paragraph (2), by striking the period at the end and 
    inserting a semicolon; and
        (3) by adding at the end the following:
        ``(3)(A) rural and urban economically distressed areas are not 
    harmed by the establishment or implementation by the Secretary of a 
    private sector leveraging goal for a project under this title;
        ``(B) any private sector leveraging goal established by the 
    Secretary does not prohibit or discourage grant applicants under 
    this title from public works in, or economic development of, rural 
    or urban economically distressed areas; and
        ``(C) the relevant Committees of Congress are notified prior to 
    making any changes to any private sector leveraging goal; and
        ``(4) 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 TECHNICAL ASSISTANCE.

    (a) In General.--Section 207(a)(2) of the Public Works and Economic 
Development Act of 1965 (42 U.S.C. 3147(a)(2)) is amended--
        (1) by striking ``and'' at the end of subparagraph (F);
        (2) by redesignating subparagraph (G) as subparagraph (I); and
        (3) by inserting after subparagraph (F) the following:
            ``(G) studies that evaluate the effectiveness of 
        coordinating projects funded under this Act with projects 
        funded under other Acts;
            ``(H) assessment, marketing, and establishment of business 
        clusters; and''.
    (b) Cooperation Requirement.--Section 207(a) of the Public Works 
and Economic Development Act of 1965 (42 U.S.C. 3147(a)) is amended by 
striking paragraph (3) and inserting the following:
        ``(3) 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 
    cooperation with officials of a political subdivision of a 
    State.''.

SEC. 206. PREVENTION OF UNFAIR COMPETITION.

    (a) In General.--Section 208 of the Public Works and Economic 
Development Act of 1965 (42 U.S.C. 3148) is repealed.
    (b) Conforming Amendment.--The table of contents in section 1(b) of 
the Public Works and Economic Development Act of 1965 (42 U.S.C. 3121 
note) is amended by striking the item relating to section 208.

SEC. 207. GRANTS FOR ECONOMIC ADJUSTMENT.

    (a) Assistance to Manufacturing Communities.--Section 209(c) of the 
Public Works and Economic Development Act of 1965 (42 U.S.C. 3149(c)) 
is amended--
        (1) in paragraph (3), by striking ``or'';
        (2) in paragraph (4), by striking the period at the end and 
    inserting ``; or''; and
        (3) by adding at the end the following:
        ``(5) the loss of manufacturing jobs, for reinvesting in and 
    diversifying the economies of the communities.''.
    (b) Direct Expenditure or Redistribution by Recipient; Special 
Provisions Relating to Revolving Loan Fund Grants.--Section 209 of the 
Public Works and Economic Development Act of 1965 (42 U.S.C. 3149) is 
amended by striking subsection (d) and inserting the following:
    ``(d) Special Provisions Relating to Revolving Loan Fund Grants.--
        ``(1) In general.--The Secretary shall promulgate regulations 
    to maintain the proper operation and financial integrity of 
    revolving loan funds established by recipients with assistance 
    under this section.
        ``(2) Efficient administration.--The Secretary may--
            ``(A) at the request of a grantee, amend and consolidate 
        grant agreements governing revolving loan funds to provide 
        flexibility with respect to lending areas and borrower 
        criteria;
            ``(B) assign or transfer assets of a revolving loan fund to 
        third party for the purpose of liquidation, and the third party 
        may retain assets of the fund to defray costs related to 
        liquidation; 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 securities.--No securities 
        issued pursuant to paragraph (2)(C) shall be treated as 
        exempted securities for purposes of the Securities Act of 1933 
        (15 U.S.C. 77a et seq.) or the Securities Exchange Act of 1934 
        (15 U.S.C. 78a et seq.), unless exempted by rule or regulation 
        of the Securities and Exchange Commission.
            ``(B) Preservation.--Except as provided in subparagraph 
        (A), no provision of this subsection or any regulation 
        promulgated by the Secretary under this subsection supersedes 
        or otherwise affects the application of the securities laws (as 
        the term is defined in section 3(a) of the Securities Exchange 
        Act of 1934 (15 U.S.C. 78c(a))) or the rules, regulations, or 
        orders of the Securities and Exchange Commission or a self-
        regulatory organization under that Commission.''.

SEC. 208. USE OF FUNDS IN PROJECTS CONSTRUCTED UNDER PROJECTED COST.

    Section 211 of the Public Works and Economic Development Act of 
1965 (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 recipient 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 specifications that were the basis of 
the grant, has decreased because of decreases in costs, the Secretary 
may approve, without further appropriation, the use of the excess funds 
(or a portion of the excess funds) by the recipient--
        ``(1) to increase the Federal share of the cost of a project 
    under this title to the maximum percentage allowable under section 
    204; or
        ``(2) 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 using funds transferred from other Federal 
agencies pursuant to section 604, the Secretary shall--
        ``(1) use the funds in accordance with subsection (a), with the 
    approval of the originating agency; or
        ``(2) return the funds to the originating agency.
    ``(d) Review by Comptroller General.--
        ``(1) Review.--The Comptroller General of the United States 
    shall regularly review the implementation of this section.
        ``(2) Report.--Not later than 1 year after the date of 
    enactment of this subsection, the Comptroller General shall submit 
    to the Committee on Environment and Public Works of the Senate and 
    the Committee on Transportation and Infrastructure of the House of 
    Representatives a report on the findings of the Comptroller General 
    on implementation of this subsection.''.

SEC. 209. SPECIAL IMPACT AREAS.

    (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. 214. SPECIAL IMPACT AREAS.

    ``(a) In General.--On the application of an eligible recipient that 
is determined by the Secretary to be unable to comply with the 
requirements of section 302, the Secretary may waive, in whole or in 
part, the requirements of section 302 and designate the area 
represented by the recipient as a special impact area.
    ``(b) Conditions.--The Secretary may make a designation under 
subsection (a) only after determining that--
        ``(1) the project will fulfill a pressing need of the area; and
        ``(2) the project will--
            ``(A) be useful in alleviating or preventing conditions of 
        excessive unemployment or underemployment; or
            ``(B) assist in providing useful employment opportunities 
        for the unemployed or underemployed residents in the area.
    ``(c) Notification.--At the time of the designation under 
subsection (a), the Secretary shall submit to the Committee on 
Environment and Public Works of the Senate and the Committee on 
Transportation and Infrastructure of the House of Representatives a 
written notice of the designation, including a justification for the 
designation.''.
    (b) Conforming Amendment.--The table of contents contained in 
section 1(b) of the Public Works and Economic Development Act of 1965 
(42 U.S.C. 3121 note) 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 of the Public Works and Economic 
Development Act of 1965 (42 U.S.C. 3141 et seq.) (as amended by section 
209) is amended by adding at the end the following:

``SEC. 215. PERFORMANCE AWARDS.

    ``(a) In General.--The Secretary may make a 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 section 201 or 
209.
    ``(b) Performance Measures.--
        ``(1) Regulations.--The Secretary shall promulgate regulations 
    to establish performance measures for making performance awards 
    under subsection (a).
        ``(2) Considerations.--In promulgating regulations under 
    paragraph (1), the Secretary shall consider the inclusion of 
    performance measures that assess--
            ``(A) whether the recipient meets or exceeds scheduling 
        goals;
            ``(B) whether the recipient meets or exceeds job creation 
        goals;
            ``(C) amounts of private sector capital investments 
        leveraged; and
            ``(D) such other factors as the Secretary determines to be 
        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 extent to which a recipient meets or exceeds 
    performance 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 promulgate.
    ``(e) Federal Share.--Notwithstanding section 204, the funds of a 
performance award may be used to pay 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 under this, or 
any other, Act the funds of a performance award shall be treated as 
funds from a non-Federal source.
    ``(g) Terms and Conditions.--In making performance awards under 
subsection (a), the Secretary shall establish such terms and conditions 
as the Secretary considers to be appropriate.
    ``(h) Funding.--The Secretary shall use any amounts made available 
for economic development assistance programs to carry out this section.
    ``(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 regularly review 
    the implementation of this section.
        ``(2) Report.--Not later than 1 year after the date of 
    enactment of this section, the Comptroller General shall submit to 
    the Committee on Environment and Public Works of the Senate and the 
    Committee on Transportation and Infrastructure of the House of 
    Representatives a report on the findings of the Comptroller on 
    implementation of this subsection.''.
    (b) Conforming Amendment.--The table of contents contained in 
section 1(b) of the Public Works and Economic Development Act of 1965 
(42 U.S.C. 3121 note) is amended by inserting after the item relating 
to section 214 the following:
    ``Sec. 215. Performance awards.''.

SEC. 211. PLANNING PERFORMANCE AWARDS.

    (a) In General.--Title II of the Public Works and Economic 
Development Act of 1965 (42 U.S.C. 3141 et seq.) (as amended by section 
210) is amended by adding at the end the following:

``SEC. 216. PLANNING PERFORMANCE AWARDS.

    ``(a) In General.--The Secretary may make a planning 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 planning performance 
award to an eligible recipient under subsection (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 development district in 
    which the project is located;
        ``(2) the project is consistent with the comprehensive economic 
    development strategy of the district;
        ``(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 strategy of the district.
    ``(c) Maximum Amount.--The amount of a planning performance award 
made under subsection (a) in connection 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 funds of a 
planning performance award may be used to pay up to 100 percent of the 
cost of a project under this title.
    ``(f) Funding.--The Secretary shall use any amounts made available 
for economic development assistance programs to carry out this 
section.''.
    (b) Conforming Amendment.--The table of contents contained in 
section 1(b) of the Public Works and Economic Development Act of 1965 
(42 U.S.C. 3121 note) is amended by inserting after the item relating 
to section 215 the following:
    ``Sec. 216. Planning performance awards.''.

SEC. 212. DIRECT EXPENDITURE OR REDISTRIBUTION BY RECIPIENT.

    (a) In General.--Title II of the Public Works and Economic 
Development Act of 1965 (42 U.S.C. 3141 et seq.) (as amended by section 
211) is amended by adding at the end the following:

``SEC. 217. DIRECT EXPENDITURE OR REDISTRIBUTION BY RECIPIENT.

    ``(a) In General.--Subject to subsection (b), a recipient of a 
grant under section 201, 203, or 207 may 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 
approved for the project.
    ``(b) Limitation.--A recipient may not redistribute grant funds 
received under section 201 or 203 to a for-profit entity.
    ``(c) Economic Adjustment.--Subject to subsection (d), a recipient 
of a grant under section 209 may directly expend the grant funds or may 
redistribute the funds to public and private entities in the form of a 
grant, loan, loan guarantee, payment to reduce interest on a loan 
guarantee, or other appropriate assistance.
    ``(d) Limitation.--Under subsection (c), a recipient may not 
provide any grant to a private for-profit entity.''.
    (b) Conforming Amendment.--The table of contents contained in 
section 1(b) of the Public Works and Economic Development Act of 1965 
(42 U.S.C. 3121 note) is amended by inserting after the item relating 
to section 216 the following:
    ``Sec. 217. Direct expenditure or redistribution by recipient.''.

SEC. 213. BRIGHTFIELDS DEMONSTRATION PROGRAM.

    (a) In General.--Title II of the Public Works and Economic 
Development Act of 1965 (42 U.S.C. 3141 et seq.) (as amended by section 
212) is amended by adding at the end the following:

``SEC. 218. BRIGHTFIELDS DEMONSTRATION PROGRAM.

    ``(a) Definition of Brightfield Site.--In this section, the term 
`brightfield site' means a brownfield site that is redeveloped through 
the incorporation of 1 or more solar energy technologies.
    ``(b) Demonstration Program.--On the application of an eligible 
recipient, the Secretary may make a grant for a project for the 
development of a brightfield site if the Secretary determines that the 
project will--
        ``(1) use 1 or more solar energy technologies to develop 
    abandoned or contaminated sites for commercial use; and
        ``(2) improve the commercial and economic opportunities in the 
    area in which the project is located.
    ``(c) Savings Clause.--To the extent that any portion of a grant 
awarded under subsection (b) involves remediation, the remediation 
shall be subject to section 612.
    ``(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, to remain available until expended.''.
    (b) Conforming Amendment.--The table of contents contained in 
section 1(b) of the Public Works and Economic Development Act of 1965 
(42 U.S.C. 3121 note) is amended by inserting after the item relating 
to section 217 (as added by section 212(b)) the following:
``Sec. 218. Brightfields demonstration program.''.

        TITLE III--COMPREHENSIVE ECONOMIC DEVELOPMENT STRATEGIES

SEC. 301. ELIGIBILITY OF AREAS.

    Section 301(c)(1) of the Public Works and Economic Development Act 
of 1965 (42 U.S.C. 3161(c)(1)) is amended by inserting after ``most 
recent Federal data available'' the following: ``(including data 
available from the Bureau of Economic Analysis, the Bureau of Labor 
Statistics, the Census Bureau, the Bureau of Indian Affairs, or any 
other Federal source determined by the Secretary to be appropriate)''.

SEC. 302. COMPREHENSIVE ECONOMIC DEVELOPMENT STRATEGIES.

    (a) In General.--Section 302(a)(3)(A) of the Public Works and 
Economic Development Act of 1965 (42 U.S.C. 3162(a)(3)(A)) is amended 
by inserting ``maximizes effective development and use of the workforce 
consistent with any applicable State or local workforce investment 
strategy, promotes the use of technology in economic development 
(including access to high-speed telecommunications),'' after 
``access,''.
    (b) Approval of Other Plan.--Section 302(c) of the Public Works and 
Economic Development Act of 1965 (42 U.S.C. 3162(c)) is amended--
        (1) by striking ``The Secretary'' and inserting the following:
        ``(1) In general.--The Secretary''; and
        (2) by adding at the end the following:
        ``(2) Existing strategy.--To the maximum extent
    practicable, a plan submitted under this paragraph shall be 
    consistent and coordinated with any existing comprehensive economic 
    development strategy for the area.''.

                TITLE IV--ECONOMIC DEVELOPMENT DISTRICTS

SEC. 401. INCENTIVES.

    (a) In General.--Section 403 of the Public Works and Economic 
Development Act of 1965 (42 U.S.C. 3173) is repealed.
    (b) Conforming Amendment.--The table of contents in section 1(b) of 
the Public Works and Economic Development Act of 1965 (42 U.S.C. 3121 
note) is amended by striking the item relating to section 403.

SEC. 402. PROVISION OF COMPREHENSIVE ECONOMIC DEVELOPMENT STRATEGIES TO 
              REGIONAL COMMISSIONS.

    (a) In General.--Section 404 of the Public Works and Economic 
Development Act of 1965 (42 U.S.C. 3174) is amended to read as follows:

``SEC. 404. PROVISION OF COMPREHENSIVE ECONOMIC DEVELOPMENT STRATEGIES 
              TO REGIONAL COMMISSIONS.

    ``If any part of an economic development district is in a region 
covered by 1 or more of the Regional Commissions, the economic 
development district shall ensure that a copy of the comprehensive 
economic development strategy of the district is provided to the 
affected Regional Commission.''.
    (b) Conforming Amendment.--The table of contents contained in 
section 1(b) of the Public Works and Economic Development Act of 1965 
(42 U.S.C. 3121 note) is amended by striking the item relating to 
section 404 and inserting the following:
    ``Sec. 404. Provision of comprehensive economic development 
              strategies to Regional Commissions.''.

                        TITLE V--ADMINISTRATION

SEC. 501. ECONOMIC DEVELOPMENT INFORMATION CLEARINGHOUSE.

    Section 502 of the Public Works and Economic Development Act of 
1965 (42 U.S.C. 3192) is amended--
        (1) by striking paragraph (1) and inserting the following:
        ``(1) maintain a central information clearinghouse on the 
    Internet with--
            ``(A) information on economic development, economic 
        adjustment, disaster recovery, defense conversion, and trade 
        adjustment programs and activities of the Federal Government;
            ``(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, disaster recovery, defense 
    conversion, and trade adjustment assistance under Federal and State 
    laws in locating and applying for the assistance;'';
        (3) by striking the period at the end of paragraph (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.

    (a) In General.--Section 505 of the Public Works and Economic 
Development Act of 1965 (42 U.S.C. 3195) is repealed.
    (b) Conforming Amendment.--The table of contents in section 1(b) of 
the Public Works and Economic Development Act of 1965 (42 U.S.C. 3121 
note) is amended by striking the item relating to section 505.

SEC. 503. PERFORMANCE EVALUATIONS OF GRANT RECIPIENTS.

    (a) In General.--Section 506(c) of the Public Works and Economic 
Development Act of 1965 (42 U.S.C. 3196(c)) is amended by striking 
``after the effective date of the Economic Development Administration 
Reform Act of 1998''.
    (b) Evaluation Criteria.--Section 506(d)(2) of the Public Works and 
Economic Development Act of 1965 (42 U.S.C. 3196(d)(2)) is amended by 
inserting ``program performance,'' after ``applied research,''.

SEC. 504. CONFORMING AMENDMENTS.

    Section 602 of the Public Works and Economic Development Act of 
1965 (42 U.S.C. 3212) is amended--
        (1) in the first sentence, by striking ``in accordance with'' 
    and all that follows before the period at the end and inserting 
    ``in accordance with subchapter 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''.

                        TITLE VI--MISCELLANEOUS

SEC. 601. ANNUAL REPORT TO CONGRESS.

    Section 603 of the Public Works and Economic Development Act of 
1965 (42 U.S.C. 3213) is amended--
        (1) by striking ``Not later'' and inserting the following:
    ``(a) In General.--Not later''; and
        (2) by adding at the end the following:
    ``(b) Inclusions.--Each report required under subsection (a) 
shall--
        ``(1) include a list of all grant recipients by State, 
    including the projected private sector dollar to Federal dollar 
    investment ratio for each grant recipient;
        ``(2) include a discussion of any private sector leveraging 
    goal with respect to grants awarded to--
            ``(A) rural and urban economically distressed areas; and
            ``(B) highly distressed areas; and
        ``(3) after the completion of a project, include the realized 
    private sector dollar to Federal dollar investment ratio for the 
    project.''.

SEC. 602. RELATIONSHIP TO ASSISTANCE UNDER OTHER LAW.

    Section 609 of the Public Works and Economic Development Act of 
1965 (42 U.S.C. 3219) is amended--
        (1) by striking subsection (a); and
        (2) by striking ``(b) Assistance Under Other
    Acts.--''.

SEC. 603. BROWNFIELDS REDEVELOPMENT REPORT.

    (a) In General.--Title VI of the Public Works and Economic 
Development Act of 1965 (42 U.S.C. 3171 et seq.) is amended by adding 
at the end the following:

``SEC. 611. BROWNFIELDS REDEVELOPMENT REPORT.

    ``(a) Definition of Brownfield Site.--In this section, the term 
`brownfield site' has the meaning given the term in section 101(39) of 
the Comprehensive Environmental Response, Compensation, and Liability 
Act of 1980 (42 U.S.C. 9601(39)).
    ``(b) Report.--
        ``(1) In general.--Not later than 1 year after the date of 
    enactment of this section, the Comptroller General shall prepare a 
    report that evaluates the grants made by the Economic Development 
    Administration for the economic development of brownfield sites.
        ``(2) Contents.--The report shall--
            ``(A) identify each project conducted during the previous 
        10-year period in which grant funds have been used for 
        brownfield sites redevelopment activities; and
            ``(B) include for each project a description of--
                ``(i) the type of economic development activities 
            conducted;
                ``(ii) if remediation activities were conducted--

                    ``(I) the type of remediation activities; and
                    ``(II) the amount of grant money used for those 
                activities in dollars and as a percentage of the total 
                grant award;

                ``(iii) the economic development and environmental 
            standards applied, if applicable;
                ``(iv) the economic development impact of the project;
                ``(v) the role of Federal, State, or local 
            environmental agencies, if any; and
                ``(vi) public participation in the project.
        ``(3) Submission of report.--The Comptroller General shall 
    submit to the Committee on Environment and Public Works of the 
    Senate and the Committee on Transportation and Infrastructure of 
    the House of Representatives a copy of the report.''.
    (b) Conforming Amendment.--The table of contents contained in 
section 1(b) of the Public Works and Economic Development Act of 1965 
(42 U.S.C. 3121 note) is amended by inserting after the item relating 
to section 610 the following:
    ``Sec. 611. Brownfields redevelopment report.''.

SEC. 604. SAVINGS CLAUSE.

    (a) In General.--Title VI of the Public Works and Economic 
Development Act of 1965 (42 U.S.C. 3171 et seq.) (as amended by section 
603(a)) is amended by adding at the end the following:

``SEC. 612. SAVINGS CLAUSE.

    ``To the extent that any portion of grants made under this Act are 
used for an economic development project that involves remediation, the 
remediation shall be conducted in compliance with all applicable 
Federal, State, and local laws and standards.''.
    (b) Conforming Amendment.--The table of contents contained in 
section 1(b) of the Public Works and Economic Development Act of 1965 
(42 U.S.C. 3121 note) is amended by inserting after the item relating 
to section 611 (as added by section 603(b)) the following:
    ``Sec. 612. Savings clause.''.

SEC. 605. SENSE OF CONGRESS REGARDING ECONOMIC DEVELOPMENT 
              REPRESENTATIVES.

    (a) Findings.--Congress finds that--
        (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; and
        (3) in the 5 years preceding the date of enactment of this Act, 
    the number of economic development representatives has declined by 
    almost 25 percent.
    (b) Sense of Congress.--It is the sense of Congress that the 
Secretary should maintain a sufficient number 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 of the Public Works and Economic Development Act of 
1965 (42 U.S.C. 3231) is amended to read as follows:

``SEC. 701. GENERAL AUTHORIZATION OF APPROPRIATIONS.

    ``(a) Economic Development Assistance Programs.--There are 
authorized to be appropriated for economic development assistance 
programs to carry out this Act, to remain available until expended--
        ``(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.''
    ``(b) Salaries and Expenses.--There are authorized to be 
appropriated for salaries and expenses of administering this Act, to 
remain available until expended--
        ``(1) $33,377,000 for fiscal year 2004; and
        ``(2) such sums as are necessary for each fiscal year 
    thereafter.''.

SEC. 702. FUNDING FOR GRANTS FOR PLANNING AND GRANTS FOR ADMINISTRATIVE 
              EXPENSES.

    (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. 704. FUNDING FOR GRANTS FOR PLANNING AND GRANTS FOR 
              ADMINISTRATIVE EXPENSES.

    ``Of the amounts made available under section 701 for each fiscal 
year, not less than $27,000,000 shall be made available for grants 
provided under section 203.''.
    (b) Conforming Amendment.--The table of contents contained in 
section 1(b) of the Public Works and Economic Development Act of 1965 
(42 U.S.C. 3121 note) is amended by inserting after the item relating 
to section 703 the following:
    ``Sec. 704. Funding for grants for planning and grants for 
              administrative expenses.''.

                               Speaker of the House of Representatives.

                            Vice President of the United States and    
                                               President of the Senate.