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

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Public Law No: 108-373 (10/27/2004)

 
[108th Congress Public Law 373]
[From the U.S. Government Printing Office]


[DOCID: f:publ373.108]

[[Page 1755]]

     ECONOMIC DEVELOPMENT ADMINISTRATION REAUTHORIZATION ACT OF 2004

[[Page 118 STAT. 1756]]

Public Law 108-373
108th Congress

                                 An Act


 
 To reauthorize and improve the program authorized by the Public Works 
   and Economic Development Act of 1965. <<NOTE: Oct. 27, 2004 -  [S. 
                                1134]>> 

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

SECTION 1. <<NOTE: Economic Development Administration Reauthorization 
            Act of 2004. Rural and urban areas.>> SHORT TITLE; TABLE OF 
            CONTENTS.

    (a) Short Title.--This <<NOTE: 42 USC 3121 note.>> 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.

[[Page 118 STAT. 1757]]

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.

[[Page 118 STAT. 1758]]

    ``(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).''.

[[Page 118 STAT. 1759]]

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) <<NOTE: 42 USC 3133.>> 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--

[[Page 118 STAT. 1760]]

                    ``(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

[[Page 118 STAT. 1761]]

                    ``(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.

[[Page 118 STAT. 1762]]

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 <<NOTE: Regulations.>> 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.''.

[[Page 118 STAT. 1763]]

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. <<NOTE: 42 USC 3154.>> 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

[[Page 118 STAT. 1764]]

                    ``(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. <<NOTE: 42 USC 3154a.>> 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.

[[Page 118 STAT. 1765]]

    ``(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. <<NOTE: 42 USC 3154b.>> 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.

[[Page 118 STAT. 1766]]

    ``(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. <<NOTE: 42 USC 3154c.>> 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. <<NOTE: 42 USC 3154d.>> 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

[[Page 118 STAT. 1767]]

            ``(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.

[[Page 118 STAT. 1768]]

    (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

[[Page 118 STAT. 1769]]

(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) <<NOTE: Records.>> 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:

[[Page 118 STAT. 1770]]

``SEC. 611. <<NOTE: 42 USC 3221.>> 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. <<NOTE: 42 USC 3222.>> 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.''.

[[Page 118 STAT. 1771]]

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. <<NOTE: 42 USC 3234.>> 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

[[Page 118 STAT. 1772]]

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.''.

    Approved October 27, 2004.

LEGISLATIVE HISTORY--S. 1134 (H.R. 2535):
---------------------------------------------------------------------------

HOUSE REPORTS: No. 108-242, Pt. 1 accompanying H.R. 2535 (Comm. on 
Transportation and Infrastructure).
SENATE REPORTS: No. 108-382 (Comm. on Environment and Public Works).
CONGRESSIONAL RECORD, Vol. 150 (2004):
            Oct. 6, considered and passed Senate.
            Oct. 7, considered and passed House.

                                  <all>