[United States Statutes at Large, Volume 118, 108th Congress, 2nd Session] [From the U.S. Government Printing Office, www.gpo.gov] 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 1757]] 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 1758]] 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 1759]] 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 1760]] 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 1761]] 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 1762]] 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 1763]] 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 1764]] 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 1765]] 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 1766]] 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 1767]] 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 1768]] 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 1769]] 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 1770]] 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 1771]] 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 1772]] 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.