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S. 2228 (94th): An Act to amend the Public Works and Economic Development Act of 1965, as amended, to extend the authorizations for a three-year period.


The text of the bill below is as of Oct 12, 1976 (Passed Congress).


PUBLIC LAW 94-487—OCT. 12, 1976                               90 STAT. 2331

Public Law 94-487
94th Congress
                                An Act
To amend the Public Works and Economic Development Act of 1965, as amended,     Oct. 12, 1976
              to extend the authorizations for a three-year period.               [S. 2228]

 Be it enacted hy the Senate and House of Representatives of the
United States of Ainerica in Congress assembled^                 Public Works and
                                                                               Economic
                                                                               Development Act
                                TITLE I                                        Amendments of
                                                                               1976.
   SEC. 101. This Act may be cited as the "Public Works and Economic           42 u s e 3121
Development Act Amendents of 1976".                                            note.
   SEC. 102. Section 2 of the Public Works and Economic Development            Rural and urban
Act of 1965 (42 U.S.C. 3121) is amended by inserting at the end the            area assistance.
following new sentence: "Congress further declares that, in further-
ance of maintaining the national economy at a high level, the assist-
ance authorized by this Act should be made available to both rural and
urban areas; that such assistance be available for planning for eco-
nomic development prior to the actual occurrences of economic distress
in order to avoid such condition; and that such assistance be used for
long-term economic rehabilitation in areas where long-term economic
deterioration has occurred or is taking place.".
   SEC. 103. (a) Section 101 of the Public Works and Economic Devel-
opment Act of 1965 (42 U.S.C. 3131) is amended by striking out
subsection (e).
   (b) The second sentence of subsection (c) of section 101 of the Pub-
lic Works and Economic Development Act of 1965 (42 U.S.C. 3131)
is amended by striking out "may" each of the two places it appears and
inserting in lieu thereof at each such place "shall".
   (c) Section 101(c) of such Act is further amended by adding after           Community
the second sentence the following new sentence: "In case of any com-           development
munity development corporation which the Secretary determines has              corporation
exhausted its effective borrowing capacity, the Secretary may reduce           grants, non-
                                                                               Federal share,
the non-Federal share below such per centum or waive the non-Fed-              waiver.
eral share in the case of such a grant for a project in a redevelopment
area designated as such under section 401(a) (6) of this Act.".                42 u s e 3161.
   SEC. 104. The first sentence of section 102 of the Public Works and
Economic Development Act of 1965 (42 U.S.C. 3132) is amended—
        (1) by striking out "and June 30, 1976," and inserting in lieu
     thereof "June 30, 1976, September 30, 1977, September 30, 1978,
     and September 30,1979,"; and
        (2) by inserting immediately before "shall be available" the
     following: ", and for the period beginning July 1, 1976, and end-
     ing September 30, 1976, not to exceed $7,500,000 of the funds
     authorized to be appropriated under such section 105 for such
     period,".
   SEC. 105. Section 105 of the Public Works and Economic Develop-
ment Act of 1965 (42 U.S.C. 3135) is amended—
        (1) by striking out the period at the end of the first sentence and
     inserting in lieu thereof the following: ", not to exceed $62,500,000
     for the period beginning July 1, 1976, and ending September 30,

90 STAT. 2332 PUBLIC LAW 94-487—OCT. 12, 1976 1976, and not to exceed $425,000,000 per fiscal year for the fiscal years ending September 30, 1977, September 30, 1978, and Sep- tember 30,1979."; (2) by striking out "and J u n e 30, 1976," in the t h i r d sentence and inserting in lieu thereof " J u n e 30,1976, the period beginning J u l y 1,1976, and ending September 30, 1976, and t h e fiscal years e n d m g September 30,1977, September 30,1978, and September 30, 1979,"; and (3) by striking out "10 per centum" in the t h i r d sentence and inserting in lieu thereof "15 per centum". SEC. 106. Title I of the Public W o r k s and Economic Development Act of 1965 (42 U.S.C. 3131-3136) is further amended by adding at the end thereof the following: a CONSTRUCTION COST INCREASES 42 u s e 3137. " S E C . 107. I n any case where a g r a n t (including a supplemental g r a n t ) has been made under this title for a project and after such grant has been made but before completion of the project, the cost of such project based upon the designs and specifications which were the basis of the g r a n t has been increased because of increases in costs, the amount of such g r a n t may be increased by an amount equal to the percentage increase, as determined by the Secretary, in such costs, but in no event shall be percentage of the Federal share of such project exceed t h a t originally provided for in such grant.". Appropriation SEC. 107. (a) Section 201(c) (42 U.S.C. 3141) is amended to read as authorization. follows: " ( c ) There are hereby authorized to be appropriated such sums as may be necessary to carry out the provisions of this section and sec- Infra. tion 202, except t h a t annual appropriations for the purpose of pur- chasing evidences of indebtedness, paying interest supplement to or on behalf of private entities m a k i n g and participating in loans, and guaranteeing loans, shall not exceed $170,000,000 for the fiscal year ending J u n e 30, 1966, and for each fiscal year thereafter t h r o u g h the fiscal year ending J u n e 30, 1973, and shall not exceed $55,000,000 for the fiscal year ending J u n e 30, 1974, and shall not exceed $75,000,000 for the fiscal years ending J u n e 30, 1975, and J u n e 30, 1976, and shall not exceed $18,750,000 for the period beginning J u l y 1, 1976, and ending September 30, 1976, and shall not exceed $200,000,000 per fiscal year for the fiscal years ending September 30, 1977, Septem- ber 30,1978, and September 30,1979.]'. (b) Section 201 of such Act is further amended by striking subsection (d) of such section. Interest (c) Section 202(a) (1) of such Act is amended by a d d i n g after para- reduction, g r a p h (1) the following new p a r a g r a p h : payments. " ( 2 ) I n addition to any other financial assist"ance under this title, 42 use 3142. the Secretary is authorized, in the case of any loan guarantee under authority of p a r a g r a p h (1) of this section, to pay to or on behalf of the private borrower an amount sufficient to reduce up to 4 percentage points the interest paid by such borrower on such guaranteed loans. No payment under this p a r a g r a p h shall result in the interest rate being paid by a borrower on such a guaranteed loan being less t h a n the rate of interest for such a loan if it were made under section 201 of this Act. Payments made to or on behalf of such borrower shall be made no less often t h a n annually.". (d) Section 202(a) of such Act is amended by renumbering exist- ing p a r a g r a p h (2) as ( 3 ) , including any references thereto. SEC. 108. Section 2 0 2 ( a ) ( 3 ) of the Public W o r k s and Economic
PUBLIC LAW 94-487—OCT. 12, 1976 90 STAT. 2333 Development Act of 1965 (as redesignated by section 107 of this Act) ^"^e- P- 2332. is amended by striking out the period at the end thereof and adding the following: "(D) paying those debts with respect to which a lien against property has been legally obtained (including the refinancing of any such debt) in any case w^here the Secretary determines that it is essential to do so in order to save employment in a designated area, to avoid a significant rise in unemployment, or to create new or increased employment." SEC. 109. Title I I of the Public Works and Economic Development Act of 1965 is amended by adding at the end thereof the following new 42 USC 3141. section: u REDEVELOPMENT AREA LOAN PROGRAM "SEC. 204. (a) If a redevelopment area prepares a plan for the rede- Interest free velopment of the area or a part thereof and submits such plan to loans. the Secretary for his approval and the Secretary approves such plan, 42 USC 3144. the Secretary is authorized to make an interest free loan to such area for the purpose of carrying out such plan. Such plan may include industrial land assembly, land banking, acquisition of surplus govern- ment property, acquisition of industrial sites including acquisition of abandoned properties with redevelopment potential, real estate devel- opment including redevelopment and rehabilitation of historical buildings for industrial and commercial use, rehabilitation and renova- tion of usable empty factory buildings for industrial and commer- cial use, and other investments which will accelerate recycling of land and facilities for job creating economic activity. Any such interest free loan shall be made on condition (1) that the area will use such interest free loan to make loans to carry out such plan, (2) the repay- ment of any loans made by the area from such interest free loan shall be placed by such area in a revolving fund available solely for the making of other loans by the area, upon approval by the Secretary, for the economic redevelopment of the area. Any such interest free Repayment. loan shall be repaid to the United States by a redevelopment area when- ever such area has its designation as a redevelopment area ter- minated or modified under section 402 of this Act. This section shall 42 USC 3162. not apply to any redevelopment area whose designation as a redevel- opment area would be terminated or modified under section 402 of this Act except for the provisions of section 2 of the Act entitled "An Act to amend the Public Works and Economic Development Act of 1965 to extend the authorizations for titles I through IV through fiscal 42 USC 3131, year 1971", approved July 6, 1970 (P.L. 91-304). 3161. "<'b) (1) Each eligible recipient which receives assistance under this 42 USC 3162 section shall annually during the period such assistance continues note. make a full and complete report to the Secretary, in such manner as the Secretary shall prescribe, and such report shall contain an evalu- ation of the effectiveness of the economic assistance provided under this section in meeting the need it was designed to alleviate and the purposes of this section. "(2) The Secretary shall provide an annual consolidated report to Report to the Congress, with his recommendations, if any, on the assistance Congress. authorized under this section, in a form which he deems appropriate. The first such report to Congress under this subsection shall be made not later than July 1,1977. "(c) There is authorized to be appropriated to carry out this sec- Appropriation tion not to exceed $125,000,000 per fiscal vear for the fiscal years end- authorization. ing September 30,1977, September 30,1978, and September 30,1979.". SEC. 110. The fourth sentence of subsection (a) of section 302 of the State economic Public Works and Economic Development Act of 1965 is amended to development plan. 42 USC 3151a. 89-194 O—78—pt. 2 55
90 STAT. 2334 PUBLIC LAW 94-487—OCT. 12, 1976 read as follows: "Any overall State economic development plan prepared with assistance under this section shall be prepared coopera- tively by the State, its political subdivisions, and the economic develop- ment districts located in whole or in part within such State. Upon completion of any such plan, the State shall certify to the Secretary (1) that in the preparation of such State plan, the local and economic development district plans wei'e considered and, to the fullest extent possible, such State plan is consistent with such local and economic development district plans, and (2) that such State plan is consistent with such local and economic development district plans, or, if such State plan is not consistent with such local and economic development district plans, all of the inconsistencies of the State plan with the local and economic development district plans, and the justification for each of these inconsistencies.". Appropriation SEC. 111. (a) Section 303(a) of the Public Works and Economic authorization. Development Act of 1965 (42 IJ.S.C. 3152) is amended by striking out the period at the end thereof and inserting in lieu thereof the follow- ing: ", $18,750,000 for the period beginning July 1, 1976, and ending September 30, 1976, and $75,000,000 per fiscal year for the fiscal years ending September 30, 1977, September 30, 1978, and September 30, 1979.". (b) Section 303(b) of such Act is amended by striking out "and June 30, 1976" and inserting in lieu thereof "June 30, 1976, Septem- ber 30,1977, September 30, 1978, and September 30, 1979". Appropriation SEC. 112. (a) Section 304(a) of the Public Works and Economic authorization. Development Act of 1965 (42 U.S.C. 3153) is amended by inserting immediately after "June 30, 1976," the following: "$18,750,000 for the period beginning July 1, 1976, and ending September 30, 1976, and $75,000,000 per fiscal year for the fiscal years ending Septem- ber 30,1977, September 30,1978, and September 30,1979,". (b) Section 304(a) of such Act is further amended by striking out 42 use 3131, "titles I, I I , and IV" and inserting in lieu thereof "titles I, I I , I I I 3141, 3161. (other than planning grants authorized under sections 301(b) and 42 use 3151, 302), IV, and IX". 3152. (c) Section 304(c) of such Act is amended by striking out "title I, 42 use 3241. I I , or IV" and inserting in lieu thereof "title I, I I , I I I (other than planning grants authorized under sections 301(b) and 302), IV, or IX". Area eligibility. SEC. 113. (a) Section 401(a) (1) (A) of the Public Works and Eco- 42 use 3161. nomic Development Act of 1965 is amended by striking out "available calendar year" and inserting in lieu thereof "twelve consecutive months". (b) Section 401 (a) (8) of the Public Works and Economic Develop- ment Act of 1965 is amended to read as follows: "(8) those areas which the Secretary of Labor determines, on the basis of average annual available unemployment statistics, to have experienced unemployment which is both substantial and above the national average for the preceding twenty-four months;". (c) Section 401(a) of such Act is further amended by adding at the end thereof the following: "(9) those areas which the Secretary determines have demon- strated long-term economic deterioration.". SEC. 114. (a) Section 401 (b) (4) of the Public Works and Economic Development Act of 1965 (42 U.S.C. 3161) is amended by striking out "two hundred and fifty", and inserting in lieu thereof "twenty- five". (b) Section 401(b) of the Public Works and Economic Develop-
PUBLIC LAW 94-487—OCT. 12, 1976 90 STAT. 2335 ment Act of 1965 (42 U.S.C. 3171) is amended by adding at the end 42 USC 3161 thereof the following: "Nothing in this subsection shall prevent any municipality, designated as a redevelopment area or eligible to be designated as a redevelopment area, from combining with any other community having mutual eco- nomic interests and transportation and marketing patterns for the purposes of such designation.". SEC. 115. Section 403 (g) of the Public W o r k s and Economic Develop- Appropriation ment Act of 1965 (42 U.S.C. 3171) is amended by inserting imme- authorization. diately after " J u n e 30,1976,'' the following: "not to exceed $11,250,000 for the period beginning J u l y 1,1976, and ending September 30, 1976, and not to exceed $45,000,000 per fiscal year for the fiscal years ending September 30, 1977, September 30, 1978, and September 30, 1979,". SEC. 116. Section 404 of the Public W o r k s and Economic Develop- Appropriation ment Act of 1965 (42 U.S.C. 3172) is amended by striking out ", and authorization. J u n e 30, 1976," and inserting in lieu thereof the following: "and J u n e 30, 1976, not to exceed $6,250,000 for the period beginning J u l y 1, 1976. and ending September 30, 1976, and not to exceed $25,000,000 per fiscal year for the fiscal years ending September 30, 1977, September 30, 1978, and September 30, 1979,". SEC. 117. Title I V of the Public W o r k s and Economic Development Act of 1965 (42 U.S.C. 3161 et seq.) is further amended by adding at the end thereof the followinsf: " P A R T D — U N E M P L O Y M E N T RATE DETERMINATIONS " S E C . 405. Whenever any provision of this Act requires the Secre- 42 USC 3173. t a r y of Labor, or the Secretary, to make any determination or other finding relating to the unemployment rate of any area, information regarding such unemployment rate may be furnished either by the Federal Government or by a State. Unemployment rates furnished by a State shall be accepted by the Secretary unless he determines t h a t such rates are inaccurate. The Secretary sliall provide technical assist- ance to State and local governments in the calculation of unemploy- ment rates to insure their validity and standardization.". SEC. 118. (a) Section 509(c) of the Public W o r k s and Economic "Federal grant- Development Act of 1965 is amended by striking out the first sentence in-aid programs.' and inserting in lieu thereof the following: " T h e term 'Federal grant- 42 USC 3188a., in-aid programs' as used in this section means those Federal grant-in- aid programs authorized on or before September 30,1979, by this Act and Acts other than this Act for the acquisition or development of land, the construction or equipment of facilities, or other community or economic development or economic adjustment activities, including but not limited to grant-in-aid programs authorized by the following A c t s : Federal W a t e r Pollution Control A c t ; Watershed Protection 33 USC 1151 note. and Flood Prevention A c t ; titles V I and X V I of the Public Health 16 use 1001 note. Services A c t ; Vocational Education Act of 1963; L i b r a r y Services 42 USC 291, 300o. and Construction A c t ; Federal A i r p o r t A c t ; Airport and Airway 20 USC 1241 note. Development Act of 1970; p a r t I V of title I I I of the Communications 20 USC 351 note. Act of 1934; titles V I ( p a r t A ) and V I I of the H i g h e r Education Act 49 USC of 1965; L a n d and W a t e r Conservation F u n d Act of 1965; National 1101-1120 Defense Education Act of 1958; Consolidated F a r m and R u r a l Devel- notes. opment A c t ; and titles I and I X of this Act.". 49 USC 1701 note. 47 USC 390. (b) The first sentence of section 5 0 9 ( d ) ( 1 ) of the Public W o r k s 20 USC 1121, and Economic Development Act of 1965 (42 U.S.C. 3188a) is amended 1132a. by striking out at the end thereof "and for the fiscal year ending Sep- 16 USC 460/-4 tember 30, 1977, to be available until expended, $250,000,000." and note. inserting in lieu thereof "and for the fiscal years ending September 30, 20 USC 401 note. 7 USC 1921 note. 42 USC 3162, 3241.
90 STAT. 2336 PUBLIC LAW 94-487—OCT. 12, 1976 1977, September 30,1978, and September 30,1979, to be available until expended, $250,000,000 per fiscal year.". Appropriation SEC. 119. Section 509(d)(2) of the Public Works and Economic authorization. Development Act of 1965 (42 U.S.C. 3188a) is amended by striking out at the end thereof "and for the fiscal year ending September 30, 1977, to be available until expended, not to exceed $5,000,000." and inserting in lieu thereof "and for the fiscal years ending September 30, 1977, September 30,1978, and September 30,1979, to be available until expended, $5,000,000 per fiscal year.". Financial SEC. 120. Section 704(e) of the Public Works and Economic Devel- assistance for opment Act of 1965 (42 U.S.C. 3214) is amended to read as follows: energy, "(e) No financial assistance authorized under this Act shall be limitations. used to finance the cost of facilities for the generation, transmission, or distribution of electrical energy, or to finance the cost of facilities for the production or transmission of gas (natural, manufactured, or mixed), except (1) for projects specifically authorized by Congress, and (2) for local projects for industrial parks and industrial or com- mercial areas in communities where the electrical energy or gas supply is, or is threatened to be interrupted or curtailed resulting in a loss of jobs, or where the purpose is to save jobs, or create new jobs, on con- dition that (A) the Secretary finds that project financing is not avail- able from private lenders or other Federal agencies on terms which, in the opinion of the Secretary, will permit accomplishment of the project, and (B) the State or Federal regulatory body regulating such service determines that the facility to be financed will not com- pete with an existing public utility rendering such a service to the public at rates or charges subject to regulation by such State or Fed- eral regulatory body, or if there is a determination of competition, the State or Federal regulatory body must make a determination that in the area to be served by the facility for which the financial assistance is to be extended there is a need for an increase in such service (tak- ing into consideration reasonably foreseeable future needs) which the existing public utility is not able to meet through its existing facili- ties or through an expansion which it agrees to undertake. Not more 42 u s e 3131, fhan $7,000,000 appropriated to carry out titles I and I I of this Act 3141. may be expended annually for such projects.". SEC. 121. (a) Section 901 of the Public Works and Economic Devel- opment Act of 1965 (42 U.S.C. 3241) is amended by inserting " (includ- ing long-term economic deterioration)" immediately after "economic conditions". (b) Section 903(a) (1) of such Act (42 U.S.C. 3243) is amended— (1) by inserting " ( A ) " immediately before "which the Secretary"; (2) by inserting ", or (B) which the Secretary determines has demonstrated long-term economic deterioration," immediately after "Federal Government)"; (3) by inserting "and businesses" immediately after "relocation of individuals"; and (4) by striking out "and other appropriate assistance," and inserting in lieu thereof the following: "and other assistance which demonstrably furthers the economic adjustment objectives of this title.". (c) Section 903(a)(2)(A) of such Act is amended by inserting immediately after "loan guarantees," the following: "payments to reduce interest on loan guarantees,". Appropriation (d) Section 905 of such Act (42 U.S.C. 3245) is amended by strik- authorization. ing out the period at the end thereof and inserting in lieu thereof the following: ", not to exceed $25,000,000 for the transition quarter end-
PUBLIC LAW 94-487—OCT. 12, 1976 90 STAT. 2337 ing September 30, 1976, and not to exceed $100,000,000 per fiscal year for the fiscal years ending September 30,1977, September 30,1978, and September 30,1979.". SEC. 122. Section 1002 of the Public Works and Economic Develop- "Eligible area." ment Act of 1965, as amended, is amended by striking the entire sec- 42 USC 3246a. tion and inserting the following: "SEC. 1002. For the purpose of this title the term 'eligible area' means any area, which the Secretary of Labor designates as an area which has a rate of unemployment equal to or in excess of 7 per centum for the most recent calendar quarter or any area designated pursuant to section 204 (c) of the Comprehensive Employment and Training Act of 1973 which has unemployment equal to or in excess of 7 per centum 29 use 844. with special consideration given to areas with unemployment rates above the national average.". SEC. 123. (a) Section 1003(c) of the Public Works and Economic Grant Development Act of 1965, as amended, is amended to read as follows: applications. "(c) Where necessary to effectively carry out the purposes of this 42 use 3246b. title, the Secretary of Commerce is authorized to assist eligible areas in making applications for grants under this title.". (b) Section 1003(d) of such Act, as amended, is amended to read as Funds allocation follows: priorities. "(d) Notwithstanding any other provisions of this title, funds allocated by the Secretary of Commerce shall be available only for a program or project which the Secretary identifies and selects pursuant to this subsection, and which can be initiated or implemented promptly and substantially completed within twelve months after allocation is made. In identifying and selecting programs and projects pursuant to this subsection, the Secretary shall (1) give priority to programs and projects which are most effective in creating and maintaining produc- tive employment, including permanent and skilled employment meas- ured as the amount of such direct and indirect employment generated or suDported by the additional expenditures of Federal funds under this title, and (2) consider the appropriateness of the proposed activ- ity to the number and needs of unemployed persons in the eligible area.". (c) Section 1003(e) of such Act, as amended, is amended to read as follows: "(e) (1) The Secretary, if the national unemployment rate is equal to or exceeds 7 per centum for the most recent calendar quarter, shall expedite and give priority to grant applications submitted for such areas having unemployment in excess of the national average rate of unemployment for the most recent calendar quarter. Seventy per cen- tum of the funds appropriated pursuant to this title shall be available only for .q-rants in areas as defined in the first sentence of this subsection. "(2) Not more than 15 per centum of all amounts appropriated to carry out this title shall be available under this title for projects or programs within any one State, except that in the case of Guam, Virgin Islands, and American Samoa, not less than one-half of 1 per centum in the aggregate shall be available for such projects or programs.". SEC. 124. Section 1004 of the Public Works and Economic Develop- Program review, ment Act of 1965, as amended, is amended to read as follows: 42 USC 3246c. "SEC. 1004. (a) Within forty-five days after any funds are appro- priated to the Secretary to carry out the purposes of this title, after the date of enactment of the Public Works and Economic Development Act Amendments of 1976, each department, agency, or instrumentality Ante, p. 2331. of the Federal Government, each regional commission established by section 101 of the Appalachian Regional Development Act of 1965 or 40USCapp. 101.
90 STAT. 2338 PUBLIC LAW 94-487—OCT. 12, 1976 42 use 3182. pursuant to section 502 of this Act, shall (1) complete a review of its budget, plans, and programs and including State, substate, and local development plans filed with such department, agency or commission; (2) evaluate the job creation effectiveness of programs and projects for which funds are proposed to be obligated in the calendar year and additional programs and projects (including new or revised programs and projects submitted under subsection (b)) for which funds could be obligated in such year with Federal financial assistance under this title; and (3) submit to the Secretary of Commerce recommendations for programs and projects which have the greatest potential to stimu- late the creation of jobs for unemployed persons in eligible areas. Within forty-five days of the receipt of such recommendations the Secretary of Commerce shall review such recommendations, and after consultation with such department, agency, instrumentality, regional commission. State, or local government make allocations of funds in Ante, p. 2337. accordance with section 1003 (d) of this title. "(b) States and political subdivisions in any eligible area may, pur- suant to subsection (a), submit to the appropriate department, agency, or instrumentality of the Federal Government (or regional commis- sion) program and project applications for Federal financial assist- ance provided under this title. "(c) The Secretary, in reviewing programs and projects recom- mended for any eligible area shall give priority to programs and projects originally sponsored by States and political subdivisions, including, but not limited to, new or revised programs and projects submitted in accordance with this section.". SEC. 125. Section 1005 of the Public Works and Economic Develop- 42 use ment Act of 1965, as amended, is amended by striking such section and 3246cl-3246g. renumbering subsequent sections accordingly. 42 u s e 3246e. SEC. 126. Section 1005 of the Public Works and Economic Develop- ment Act of 1965, as amended, as redesignated by this Act, is amended by striking the period and inserting the following at the end thereof: "unless this would require project grants to be made in areas which do not meet the criteria of this title.". Appropriation SEC. 127. Section 1006 of the Public Works and Economic Develop- authorization. ment Act of 1965, as amended, as redesignated by this Act, is amended 42 u s e 3246f. to read as follows: "SEC. 1006. (a) There are hereby authorized to be appropriated to carry out the provisions of this title $81,250,000 for each calendar quarter of a fiscal year during which the national average unemploy- ment is equal to or exceeds 7 per centum on the average. No further appropriation of funds is authorized under this section if a deter- mination is made that the national average rate of unemployment has receded below an average of 7 per centum for the most recent calendar quarter as determined by the Secretary of Labor. "(b) Funds authorized by subsection (a) are available for grants by the Secretary w^hen the national average unemployment is equal to or in excess of an average of 7 per centum for the most recent cal- endar quarter. If the national average unemployment rate recedes below an average of 7 per centum for the most recent calendar quarter, the authority of the Secretary to make grants or obli- gate funds under this title is terminated. Grants may not be made until the national average unemployment has equaled or exceeded an average of 7 per centum for the most recent calendar quarter. "(c) Funds authorized to carry out this title shall be in addition to, and not in lieu of, any amounts authorized by other provisions of law.". 42 use 3246g. SEC. 128. Section 1007 as redesignated by this Act is amended by
PUBLIC LAW 94-4«7—OCT. 12, 1976 90 STAT. 2339 striking "December 31, 1975" and inserting in lieu thereof "Septem- ber 30, 1979". SEC. 129. Title X of the Public W o r k s and Economic Development A c t of 1965 is further amended by a d d i n g at the end thereof the 42 u s e 3246. following new section: "CONSTRUCTION COSTS " S E C . 1008. No p r o g r a m or project originally approved for funds 42 u s e 3246h. under an existing program shall be determined to be ineligible for Federal financial assistance under this title solely because of increased construction costs.". SEC. 130. Section 2 of the Act entitled " A n Act to amend the Public W o r k s and Economic Development Act of 1965 to extend the authori- zations for titles I through I V through fiscal year 1971", approved J u l y 6, 1970 (Public L a w 91-304), is amended by striking out " J u n e 42 u s e 3162 1, 1976," and inserting in lieu thereof "September 30, 1979,". note. TITLE II SEC. 201. (a) The President of the United States is authorized and 42 u s e 3121 requested to call a White House Conference on Balanced National note. Growth and Economic Development within one year of the date of enactment of this Act in order t o develop recommendations for fur- ther action toward balanced national growth and economic develop- ment, and to take account of present conditions and trends as set forth in the report accompanying this Act. Such conference shall be planned and conducted under the direction of the domestic council with the cooperation and assistance of such other Federal departments and agencies, including the regional commissions established under the Appalachian Regional Development Act and title V of the Public 40 u s e app. 1, Works and Economic Development Act. 42 u s e 3181. (b) F o r the purpose of arriving at facts and recommendations con- cerning the utilization of skills, experience, and energies and the improvement of our country's social and economic needs, the conference shall assemble representatives of government, business, labor, and other citizens and representatives of institutions who could work together for balanced national growth and economic development. (c) A final report of the W h i t e House Conference on Balanced Report to National Growth and Economic Development shall be submitted to the President for President not later t h a n one hundred and eighty days following t h e transmittal to date on which the conference is called and findings and recommenda- Congress. tions included therein shall be immediately made available to the pub- lic. The President shall, within ninety days after the submission of such final report, transmit to the Congress his recommendations for the administrative action and legislation necessary to implement the recommendations contained in such report. SEC. 202. I n administering this title, the President shall— 42 u s e 3121 (1) request the cooperation and assistance of such other Federal note. departments and agencies as may be a p p r o p r i a t e ; (2) give all reasonable assistance, including financial assist- ance, to the States to enable them t o organize and conduct con- ferences on balanced growth and economic development; (3) prepare and make available background materials for the use of delegates to the W h i t e House Conference on Balanced National Growth and Economic Development as they may deem necessary; (4) prepare and distribute interim reports of the W h i t e House
90 STAT. 2340 PUBLIC LAW 94-487—OCT. 12, 1976 Conference on Balanced National Growth and Economic Development as may be appropriate; and (5) engage such personnel as may be necessary without regard 5 u s e 101 et seq. to the provisions of title 5, United States Code, governing appoint- ments in the competitive civil service, and without regard to 5 u s e 5701, chapter 57 and subchapter 53 of such title relating to classifica- 5301. tion and General Schedule pay rates. "State." SEC. 203. For the purpose of this title the term "State" includes 42 u s e 3121 the District of Columbia, the Commonwealth of Puerto Rico, Guam, note. American Samoa, the Virgin Islands, and the Trust Territory of the Pacific Islands. Advisory SEC. 204. The President is authorized and directed to establish an eommittee to the Advisory Committee to the White House Conference on Balanced White House National Growth and Economic Development composed of fifteen eonference on members, of whom not less than five shall represent businesses in the Balanced private sector, and the Secretaries of the Departments of Commerce, National Growth and Economic Agriculture, Housing and Urban Development, and relevant Federal Development. program managers. Establishment. 42 u s e 3121 Approved October 12, 1976. note. LEGISLATIVE HISTORY: HOUSE REPORTS: No. 94-1075 accompanying H.R. 9398 (eomm. on Public Works and Transportation) and No. 94-1671 (eomm. of eonference). SENATE REPORTS: No. 94-839 (eomm. on Public Works) and No. 94-1299 (eomm. of eonference). eONGRESSIONAL REGORD, Vol. 122 (1976): July 2, considered and passed Senate. Aug. 30, considered and passed House, amended, in lieu of H.R. 9398. Sept. 24, Senate agreed to conference report. Sept. 29, House agreed to conference report.