Authorizes direct grant funding for Indian tribes.
Outlines provisions for use of grant funds, and environmental review.
[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2463 Introduced in House (IH)]
106th CONGRESS
1st Session
H. R. 2463
To amend section 2007 of the Social Security Act to provide grant
funding for additional Empowerment Zones, Enterprise Communities, and
Strategic Planning Communities, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
July 1, 1999
Mr. Watkins (for himself and Mr. Hinchey) introduced the following
bill; which was referred to the Committee on Ways and Means
_______________________________________________________________________
A BILL
To amend section 2007 of the Social Security Act to provide grant
funding for additional Empowerment Zones, Enterprise Communities, and
Strategic Planning Communities, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``EC/EZ Economic Development Act''.
SEC. 2. FUNDING ENTITLEMENT FOR ADDITIONAL EMPOWERMENT ZONES AND
ENTERPRISE COMMUNITIES, AND FOR STRATEGIC PLANNING
COMMUNITIES.
(a) Entitlement.--Section 2007(a)(1) of the Social Security Act (42
U.S.C. 1397f(a)(1)) is amended--
(1) in subparagraph (A), by striking ``in the State; and''
and inserting ``that is in the State and is designated pursuant
to section 1391(b) of the Internal Revenue Code of 1986;'';
(2) by adding after subparagraph (B) the following:
``(C)(i) 9 grants under this section for each
qualified empowerment zone that is in an urban area in
the State and is designated pursuant to section 1391(g)
of such Code; and
``(ii) 9 grants under this section for each
qualified empowerment zone that is in a rural area in
the State and is designated pursuant to section 1391(g)
of such Code;
``(D) 9 grants under this section for each
qualified enterprise community that is in the State and
is designated pursuant to section 766 of the
Agriculture, Rural Development, Food and Drug
Administration, and Related Agencies Appropriations
Act, 1999; and
``(E) 1 grant under this section for each strategic
planning community.''.
(b) Amount of Grants.--Section 2007(a)(2) of such Act (42 U.S.C.
1397f(a)(2)) is amended--
(1) in the heading of subparagraph (A), by inserting
``Original'' before ``Empowerment'';
(2) in subparagraph (A), in the matter preceding clause
(i), by inserting ``referred to in paragraph (1)(A)'' after
``empowerment zone'';
(3) by redesignating subparagraph (C) as subparagraph (F);
and
(4) by inserting after subparagraph (B) the following:
``(C) Additional empowerment grants.--The amount of
the grant to a State under this section for a qualified
empowerment zone referred to in paragraph (1)(C) shall
be--
``(i) if the zone is in an urban area,
$5,600,000 for fiscal year 2000, $7,800,000 for
each of fiscal years 2001 through 2004, and
$9,700,000 for each of fiscal years 2005
through 2008; or
``(ii) if the zone is in a rural area,
$8,860,000 for each of fiscal years 2000
through 2004, and $11,075,000 for each of
fiscal years 2005 through 2008,
multiplied by the proportion of the population of the
zone that resides in the State.
``(D) Additional enterprise community grants.--The
amount of the grant to a State under this section for a
qualified enterprise community referred to in paragraph
(1)(D) shall be $6,600,000, multiplied by the
proportion of the population of the community that
resides in the State.
``(E) Strategic planning community grants.--The
amount of the grant to a State under this section for a
strategic planning community shall be $2,300,000,
multiplied by the proportion of the population of the
community that resides in the State.''.
(c) Timing of Grants.--Section 2007(a)(3) of such Act (42 U.S.C.
1397f(a)(3)) is amended--
(1) in the heading of subparagraph (A), by inserting
``Original'' before ``Qualified'';
(2) in subparagraph (A), in the matter preceding clause
(i), by inserting ``referred to in paragraph (1)(A)'' after
``empowerment zone''; and
(3) by adding after subparagraph (B) the following:
``(C) Additional qualified empowerment zones.--With
respect to each qualified empowerment zone referred to
in paragraph (1)(C), the Secretary shall make 1 grant
under this section to the State in which the zone lies,
on the first day of fiscal year 2000 and of each of the
8 succeeding fiscal years.
``(D) Additional qualified enterprise
communities.--With respect to each qualified enterprise
community referred to in paragraph (1)(D), the
Secretary shall make 1 grant under this section to the
State in which the community is located on October 1,
1999.
``(E) Strategic planning communities.--With respect
to each strategic planning community, the Secretary
shall make 1 grant under this section to the State in
which the community is located, on October 1, 1999.''.
(d) Funding.--Section 2007(a)(4) of such Act (42 U.S.C.
1397f(a)(4)) is amended--
(1) by striking ``(4) Funding.--$1,000,000'' and inserting
the following:
``(4) Funding.--
``(A) Original grants.--$1,000,000'';
(2) by inserting ``for empowerment zones and enterprise
communities described in subparagraphs (A) and (B) of paragraph
(1)'' before the period; and
(3) by adding after and below the end the following:
``(B) Additional empowerment zone grants.--
$1,577,000,000 shall be made available to the Secretary
for grants under this section for empowerment zones
referred to in paragraph (1)(C).
``(C) Additional enterprise community grants.--
$132,000,000 shall be made available to the Secretary
for grants under this section for enterprise
communities referred to in paragraph (1)(D).
``(D) Strategic planning community grants.--
$35,000,000 shall be made available to the Secretary
for grants under this section for strategic planning
communities.''.
(e) Direct Funding for Indian Tribes.--Section 2007(a) of such Act
(42 U.S.C. 1397f(a)) is amended by adding at the end the following:
``(5) Direct funding for indian tribes.--
``(A) In general.--The Secretary may make a grant
under this section directly to the governing body of an
Indian tribe if--
``(i) the tribe is identified in the
strategic plan of a qualified empowerment zone
or qualified enterprise community as the entity
that assumes sole or primary responsibility for
carrying out activities and projects under the
grant; and
``(ii) the grant is to be used for
activities and projects that are--
``(I) included in the strategic
plan of the qualified empowerment zone
or qualified enterprise community,
consistent with this section; and
``(II) approved by the Secretary of
Agriculture, in the case of a qualified
empowerment zone or qualified
enterprise community in a rural area,
or the Secretary of Housing and Urban
Development, in the case of a qualified
empowerment zone or qualified
enterprise community in an urban area.
``(B) Rules of interpretation.--
``(i) If grant under this section is made
directly to the governing body of an Indian
tribe under subparagraph (A), the tribe shall
be considered a State for purposes of this
section.
``(ii) This subparagraph shall not be
construed as making applicable to this section
the provisions of the Indian Self-Determination
and Education Assistance Act.''.
(f) Definitions.--
(1) Qualified enterprise community.--Section 2007(f)(2)(A)
of such Act (42 U.S.C. 1397f(f)(2)(A)) is amended by inserting
``or pursuant to section 766 of the Agriculture, Rural
Development, Food and Drug Administration, and Related Agencies
Appropriations Act, 1999'' before the semicolon.
(2) Strategic plan.--Section 2007(f)(3) of such Act (42
U.S.C. 1397f(f)(3)) is amended by inserting ``or under section
766 of the Agriculture, Rural Development, Food and Drug
Administration, and Related Agencies Appropriations Act, 1999''
before the period.
(3) Strategic planning community.--Section 2007(f) of such
Act (42 U.S.C. 1397f(f)) is amended by adding at the end the
following:
``(7) Strategic planning community.--The term `strategic
planning community' means a respondent to the Notice Inviting
Applications at 63 Federal Register 19162 (April 16, 1998)
whose application was ranked 16th through 30th in the
competition that concluded in December 1998.''.
(4) Indian tribe.--Section 2007(f) of such Act (42 U.S.C.
1397f(f)), as amended by paragraph (3) of this subsection, is
amended by adding at the end the following:
``(8) Indian tribe.--The term `Indian tribe' means any
Indian tribe, band, nation, or other organized group or
community, including any Alaska Native village or regional or
village corporation as defined in or established pursuant to
the Alaska Native Claims Settlement Act, which is recognized as
eligible for the special programs and services provided by the
United States to Indians because of their status as Indians.''.
SEC. 3. USE OF GRANT FUNDS.
(a) Revolving Loan Activities.--Section 2007(b) of the Social
Security Act (42 U.S.C. 1397f(b)) is amended by adding at the end the
following:
``(5) Revolving loan activities.--
``(A) In general.--In order to assist disadvantaged
adults and youths in achieving and maintaining economic
self-support, a State may use amounts paid under this
section to fund revolving loan funds or similar
arrangements for the purpose of making loans to
residents, institutions, organizations, or businesses
that hire disadvantaged adults and youths.
``(B) Rules for disbursement.--Amounts to be used
as described in subparagraph (A) shall be disbursed by
the Secretary, consistent with the provisions of the
Cash Management Improvement Act and its implementing
rules, regulations, and procedures issued by the
Secretary of the Treasury--
``(i) in the case of a grant to a revolving
loan fund--
``(I) pursuant to a written
irrevocable grant commitment; and
``(II) at such time or times as the
Secretary determines that the funds are
needed to meet the purposes of such
commitment; or
``(ii) in the case of a grant for purposes
of capitalizing an insured depository
institution (as defined in section 3 of the
Federal Deposit Insurance Act (12 U.S.C. 1813))
or an insured credit union (as defined in
section 101 of the Federal Credit Union Act (12
U.S.C. 1742)), at such time or times as the
Secretary determines that funds are needed for
such capitalization.''.
(b) Use as Non-Federal Share.--Section 2007(b) of such Act (42
U.S.C. 1397f(b)), as amended by subsection (a) of this section, is
amended by adding at the end the following:
``(6) A State may use amounts received from a grant under
this section to pay all or part of the non-Federal share of
expenditures under any other Federal grant to a local public or
nonprofit private agency or organization for activities
consistent with the purposes of this section, unless the
statutory authority for such other grant expressly prohibits
counting of Federal grant funds as such non-Federal share.''.
SEC. 4. ENVIRONMENTAL REVIEW.
Section 2007 of the Social Security Act (42 U.S.C. 1397f) is
amended--
(1) by redesignating subsection (f) as subsection (g); and
(2) by inserting after subsection (e) the following:
``(f) Environmental Review.--
``(1) Execution of responsibility by the secretary of
housing and urban development and the secretary of
agriculture.--
``(A) Applicability.--This subsection shall apply
to grants under this section in connection with
empowerment zones, enterprise communities, and
strategic planning communities (as defined in
subsection (g)).
``(B) Execution of responsibility.--With respect to
grants described in subparagraph (A), the Secretary of
Housing and Urban Development and the Secretary of
Agriculture, as appropriate, shall execute the
responsibilities under the National Environmental
Policy Act of 1969 and other provisions of law that
further the purposes of such Act (as specified in
regulations issued by each such Secretary under
paragraph (2)(B)) that would otherwise apply to the
Secretary of Health and Human Services, and may provide
for the assumption of such responsibilities in
accordance with paragraphs (2) through (5).
``(C) Definition of secretary.--Except as otherwise
specified, in this subsection, the term `Secretary'
means the Secretary of Housing and Urban Development
for purposes of grants under this section with respect
to qualified empowerment zones and qualified enterprise
communities in urban areas, and strategic planning
areas, and the Secretary of Agriculture for purposes of
grants under this section with respect to qualified
empowerment zones and qualified enterprise communities
in rural areas.
``(2) Assumption of responsibility by states, units of
general local government, and indian tribes.--
``(A) Release of funds.--In order to assure that
the policies of the National Environmental Policy Act
of 1969 and other provisions of law that further the
purposes of such Act (as specified in regulations
issued by the Secretary under subparagraph (B)) are
most effectively implemented in connection with the
expenditure of funds under this section, and to assure
to the public undiminished protection of the
environment, the Secretary may, under such regulations,
in lieu of the environmental protection procedures
otherwise applicable, provide for the release of funds
for particular projects to recipients of assistance
under this section if the State, unit of general local
government, or Indian tribe, as designated by the
Secretary in accordance with regulations issued by the
Secretary under subparagraph (B), assumes all of the
responsibilities for environmental review,
decisionmaking, and action pursuant to such Act, and
such other provisions of law as the regulations of the
Secretary specify, that would otherwise apply to the
Secretary were the Secretary to undertake such projects
as Federal projects.
``(B) Implementation.--The Secretary of Housing and
Urban Development and the Secretary of Agriculture
shall each issue regulations to carry out this
subsection only after consultation with the Council on
Environmental Quality. Such regulations shall--
``(i) specify any other provisions of law
that further the purposes of the National
Environmental Policy Act of 1969 and to which
the assumption of responsibility as provided in
this subsection applies;
``(ii) provide eligibility criteria and
procedures for the designation of a State, unit
of general local government, or Indian tribe to
assume all of the responsibilities described in
subparagraph (A);
``(iii) specify the purposes for which
funds may be committed without regard to the
procedure established under paragraph (3);
``(iv) provide for monitoring of the
performance of environmental reviews under this
subsection;
(v) in the discretion of the Secretary,
provide for the provision or facilitation of
training for such performance; and
``(vi) subject to the discretion of the
Secretary, provide for suspension or
termination by the Secretary of the assumption
under subparagraph (A).
``(C) Responsibilities of state, unit of general
local government, or indian tribe.--The Secretary's
duty under subparagraph (B) shall not be construed to
limit any responsibility assumed by a State, unit of
general local government, or Indian tribe with respect
to any particular release of funds under subparagraph
(A).
``(3) Procedure.--The Secretary shall approve the release
of funds for projects subject to the procedures authorized by
this subsection only if, not less than 15 days prior to such
approval and prior to any commitment of funds to such projects
(except for such purposes specified in the regulations issued
under paragraph (2)(B)), the recipient submits to the Secretary
a request for such release accompanied by a certification of
the State, unit of general local government, or Indian tribe
that meets the requirements of paragraph (4). The approval by
the Secretary of any such certification shall be deemed to
satisfy the Secretary's responsibilities pursuant to paragraph
(1) under the National Environmental Policy Act of 1969 and
such other provisions of law as the regulations of the
Secretary specify insofar as those responsibilities relate to
the releases of funds for projects to be carried out pursuant
thereto that are covered by such certification.
``(4) Certification.--A certification under the procedures
authorized by this subsection shall--
``(A) be in a form acceptable to the Secretary;
``(B) be executed by the chief executive officer or
other officer of the State, unit of general local
government, or Indian tribe who qualifies under
regulations of the Secretary;
``(C) specify that the State, unit of general local
government, or Indian tribe under this subsection has
fully carried out its responsibilities as described
under paragraph (2); and
``(D) specify that the certifying officer--
``(i) consents to assume the status of a
responsible Federal official under the National
Environmental Policy Act of 1969 and each
provision of law specified in regulations
issued by the Secretary insofar as the
provisions of such Act or other such provisions
of law apply pursuant to paragraph (2); and
``(ii) is authorized and consents on behalf
of the State, unit of general local government,
or Indian tribe and himself or herself to
accept the jurisdiction of the Federal courts
for the purpose of enforcement of the
responsibilities as such an official.
``(5) Approval by states.--In cases in which a unit of
general local government carries out the responsibilities
described in paragraph (2), the Secretary may permit the State
to perform those actions of the Secretary described in
paragraph (3). The performance of such actions by the State,
where permitted, shall be deemed to satisfy the
responsibilities referred to in the second sentence of
paragraph (3).''.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Ways and Means.
Referred to the Subcommittee on Human Resources.
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