| S 1111 IS
107th CONGRESS
1st Session
S. 1111
To amend the Consolidated
Farm and Rural Development Act to authorize the National Rural Development
Partnership, and for other purposes.
IN THE SENATE OF THE UNITED
STATES
June 27, 2001
Mr. CRAIG (for himself, Mr.
CONRAD, Mr. ALLARD, Mr. BAUCUS, Mr. BINGAMAN, Mr. BURNS, Ms. COLLINS, Mr.
CRAPO, Mr. DASCHLE, Mr. DAYTON, Mr. DORGAN, Mr. ENZI, Mr. GRAMM, Mr. GRASSLEY,
Mr. HAGEL, Mr. HELMS, Mrs. HUTCHISON, Mr. JEFFORDS, Mr. JOHNSON, Mr. KENNEDY,
Mr. KERRY, Mr. LEAHY, Mr. LUGAR, Ms. MIKULSKI, Mrs. MURRAY, Mr. NELSON
of Nebraska, Mr. REED, Mr. ROBERTS, Mr. SARBANES, Mr. SMITH of New Hampshire,
Mr. SMITH of Oregon, Mr. THOMAS, and Mr. WELLSTONE) introduced the following
bill; which was read twice and referred to the Committee on Agriculture,
Nutrition, and Forestry
A BILL
To amend the Consolidated
Farm and Rural Development Act to authorize the National Rural Development
Partnership, 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 `National Rural Development Partnership Act of 2001'.
SEC. 2. FINDINGS.
(1) rural development has
been given high priority throughout most of this century as a means of
achieving a sound balance between rural and urban areas in the United States,
a balance that Congress considers essential to the peace, prosperity, and
welfare of all citizens of the United States;
(2)(A) during the last half
century, Congress has enacted many laws and established many programs to
provide resources to rural communities;
(B) in addition, many efforts
have been made to coordinate Federal rural development programs; and
(C) during the last decade,
the National Rural Development Partnership and its principal components,
the National Rural Development Council and State rural development councils,
have successfully provided opportunities for collaboration and coordination
among Federal agencies and between Federal agencies and States, nonprofit
organizations, the private sector, tribal governments, and other entities
committed to rural advancement;
(3) Congress enacted the
Rural Development Act of 1972 (86 Stat. 657) and the Rural Development
Policy Act of 1980 (94 Stat. 1171) as a manifestation of this commitment
to rural development;
(4) section 607(b)(3) of
the Rural Development Policy Act of 1972 (7 U.S.C. 2204b(b)(3)) directs
the Secretary of Agriculture to develop a process through which multi-state,
State, substate, and local rural development needs, goals objectives, plans,
and recommendations can be received and assessed on a continuing basis;
(5) the National Rural Development
Partnership and State rural development councils were established as vehicles
to help coordinate development of rural programs in 1990;
(6) in 1991, the Secretary
began to execute those statutory responsibilities, in part through the
innovative mechanism of national, State, and local rural development partnerships
administered by the Under Secretary of Agriculture for Small Community
and Rural Development;
(7) that mechanism, now
known as the `National Rural Development Partnership', has been recognized
as a model of new governance and as an example of the effectiveness of
collaboration between the Federal, State, local, tribal, private, and nonprofit
sectors in addressing the needs of the rural communities of the United
States;
(8) partnerships by agencies
and entities in the Partnership would extend scarce but valuable funding
through collaboration and cooperation; and
(9) the continued success
and efficacy of the Partnership could be enhanced through specific Congressional
authorization removing any statutory barriers that could detract from the
benefits potentially achieved through the Partnership's unique structure.
SEC. 3. NATIONAL RURAL DEVELOPMENT
PARTNERSHIP.
Subtitle E of the Consolidated
Farm and Rural Development Act (7 U.S.C. 2009 et seq.) is amended by adding
at the end the following:
`SEC. 381P. NATIONAL RURAL DEVELOPMENT
PARTNERSHIP.
`(a) DEFINITIONS- In this
section:
`(1) AGENCY WITH RURAL RESPONSIBILITIES-
The term `agency with rural responsibilities' means any executive agency
(as defined in section 105 of title 5, United States Code) that--
`(A) implements Federal
law targeted at rural areas, including--
`(i) the Act of April 24,
1950 (commonly known as the `Granger-Thye Act') (64 Stat. 82, chapter 9);
`(ii) the Intergovernmental
Cooperation Act of 1968 (82 Stat. 1098);
`(iii) section 41742 of
title 49, United States Code;
`(iv) the Rural Development
Act of 1972 (86 Stat. 657);
`(v) the Rural Development
Policy Act of 1980 (94 Stat. 1171);
`(vi) the Rural Electrification
Act of 1936 (7 U.S.C. 901 et seq.);
`(vii) amendments made to
section 334 of the Public Health Service Act (42 U.S.C. 254g) by the Rural
Health Clinics Act of 1983 (97 Stat. 1345); and
`(viii) the Rural Housing
Amendments of 1983 (97 Stat. 1240) and the amendments made by the Rural
Housing Amendments of 1983 to title V of the Housing Act of 1949 (42 U.S.C.
1471 et seq.); or
`(B) administers a program
that has a significant impact on rural areas, including--
`(i) the Appalachian Regional
Commission;
`(ii) the Department of
Agriculture;
`(iii) the Department of
Commerce;
`(iv) the Department of
Defense;
`(v) the Department of Education;
`(vi) the Department of
Energy;
`(vii) the Department of
Health and Human Services;
`(viii) the Department of
Housing and Urban Development;
`(ix) the Department of
the Interior;
`(x) the Department of Justice;
`(xi) the Department of
Labor;
`(xii) the Department of
Transportation;
`(xiii) the Department of
the Treasury.
`(xiv) the Department of
Veterans Affairs;
`(xv) the Environmental
Protection Agency;
`(xvi) the Federal Emergency
Management Administration;
`(xvii) the Small Business
Administration;
`(xviii) the Social Security
Administration;
`(xix) the Federal Reserve
System;
`(xx) the United States
Postal Service;
`(xxi) the Corporation for
National Service;
`(xxii) the National Endowment
for the Arts and the National Endowment for the Humanities; and
`(xxiii) other agencies,
commissions, and corporations.
`(2) COORDINATING COMMITTEE-
The term `Coordinating Committee' means the National Rural Development
Coordinating Committee established by subsection (c).
`(3) PARTNERSHIP- The term
`Partnership' means the National Rural Development Partnership established
by subsection (b).
`(4) RURAL AREA- The term
`rural area' means--
`(A) all the territory of
a State that is not within the boundary of any standard metropolitan statistical
area, as designated by the Director of the Office of Management and Budget;
`(B) all territory within
any standard metropolitan statistical area described in subparagraph (A)
within a census tract having a population density of less than 20 persons
per square mile, as determined by the Secretary according to the most recent
census of the United States as of any date; and
`(C) such areas as a State
rural development council may identify as rural.
`(5) STATE RURAL DEVELOPMENT
COUNCIL- The term `State rural development council' means a State rural
development council that meets the requirements of subsection (d).
`(1) IN GENERAL- There is
established a National Rural Development Partnership composed of--
`(A) the Coordinating Committee;
and
`(B) State rural development
councils.
`(2) PURPOSES- The purposes
of the Partnership are--
`(A) to empower and build
the capacity of States and rural communities within States to design unique
responses to their own special rural development needs, with local determinations
of progress and selection of projects and activities;
`(B) to encourage participants
to be flexible and innovative in establishing new partnerships and trying
fresh, new approaches to rural development issues, with responses to rural
development that use different approaches to fit different situations;
and
`(C) to encourage all partners
in the Partnership (Federal, State, local, and tribal governments, the
private sector, and nonprofit organizations) to be fully engaged and share
equally in decisions.
`(3) ROLE OF FEDERAL GOVERNMENT-
The role of the Federal Government in the Partnership shall be that of
a partner, coach, and facilitator, with Federal agencies authorized--
`(A) to cooperate closely
with States to implement the Partnership;
`(B) to provide States with
the technical and administrative support necessary to plan and implement
tailored rural development strategies to meet local needs;
`(C) to delegate decisionmaking
to other levels;
`(D) to ensure that the
head of each agency referred to in subsection (a)(1)(B) designates a senior-level
agency official to represent the agency on the Coordinating Committee and
directs appropriate field staff to participate fully with the State rural
development council within the jurisdiction of the field staff; and
`(E) to enter into cooperative
agreements with, and to provide grants and other assistance to, State rural
development councils, regardless of the legal form of organization of a
State rural development council and notwithstanding any other provision
of law.
`(4) ROLE OF PRIVATE AND
NONPROFIT SECTOR ORGANIZATIONS- Private and nonprofit sector organizations
are encouraged--
`(A) to act as full partners
in the Partnership and State rural development councils; and
`(B) to cooperate with participating
government organizations in developing innovative approaches to the solution
of rural development problems.
`(c) NATIONAL RURAL DEVELOPMENT
COORDINATING COMMITTEE-
`(1) ESTABLISHMENT- There
is established a National Rural Development Coordinating Committee.
`(2) COMPOSITION- The Coordinating
Committee shall be composed of--
`(A) 1 representative of
each agency with rural responsibilities that elects to participate in the
Coordinating Committee; and
`(B) representatives of--
`(i) national associations
of State, regional, local, and tribal governments and intergovernmental
and multi-jurisdictional agencies and organizations;
`(ii) national public interest
groups; and
`(iii) other national nonprofit
organizations that elect to participate in the activities of the Coordinating
Committee.
`(3) DUTIES- The Coordinating
Committee shall--
`(A) provide support for
the work of the State rural development councils;
`(B) facilitate coordination
among Federal programs and activities, and with State, local, tribal, and
private programs and activities, affecting rural development;
`(C) enhance the effectiveness,
responsiveness, and delivery of Federal programs in rural areas;
`(D) gather and provide
to Federal authorities information and input for the development and implementation
of Federal programs impacting rural economic and community development;
`(E) review and comment
on policies, regulations, and proposed legislation that affect or would
affect rural areas;
`(F) provide technical assistance
to State rural development councils for the implementation of Federal programs;
and
`(G) develop and facilitate
strategies to reduce or eliminate administrative and regulatory impediments.
`(4) ELECTION NOT TO PARTICIPATE-
An agency with rural responsibilities that elects not to participate in
the Partnership shall submit to Congress a report that describes--
`(A) how the programmatic
responsibilities of the Federal agency that target or have an impact on
rural areas are better achieved without participation by the agency in
the Partnership; and
`(B) a more effective means
of partnership-building and collaboration to achieve the programmatic responsibilities
of the agency.
`(5) PERFORMANCE EVALUATIONS-
In conducting a performance evaluation of an employee of an agency with
rural responsibilities, the agency shall consider any comments submitted
by a State rural development council.
`(d) STATE RURAL DEVELOPMENT
COUNCILS-
`(1) ESTABLISHMENT- Each
State may elect to participate in the Partnership by entering into an agreement
with the Secretary to establish a State rural development council.
`(2) STATE DIVERSITY- Each
State rural development council shall--
`(A) have a nonpartisan
and nondiscriminatory membership that is broad and representative of the
economic, social, and political diversity of the State; and
`(B) carry out programs
and activities in a manner that reflects the diversity of the State.
`(3) DUTIES- A State rural
development council shall--
`(A) facilitate collaboration
among Federal, State, local, and tribal governments and the private and
nonprofit sectors in the planning and implementation of programs and policies
that target or have an impact on rural areas of the State;
`(B) enhance the effectiveness,
responsiveness, and delivery of Federal and State programs in rural areas
of the State;
`(C) gather and provide
to the Coordinating Committee and other appropriate organizations information
on the condition of rural areas in the State;
`(D) monitor and report
on policies and programs that address, or fail to address, the needs of
the rural areas of the State;
`(E) facilitate the formulation
of local needs assessments for the rural areas of the State and participate
in the development of criteria for the distribution of Federal funds to
the rural areas of the State;
`(F) provide comments to
the Coordinating Committee and other appropriate organizations on policies,
regulations, and proposed legislation that affect or would affect the rural
areas of the State;
`(G) in conjunction with
the Coordinating Committee, facilitate the development of strategies to
reduce or eliminate conflicting or duplicative administrative or regulatory
requirements of Federal, State, local, and tribal governments; and
`(H) use grant or cooperative
agreement funds available to the Partnership to--
`(i) retain an Executive
Director and such support staff as are necessary to facilitate and implement
the directives of the State rural development council; and
`(ii) pay expenses associated
with carrying out subparagraphs (A) through (G) and subparagraph (J).
`(4) AUTHORITIES- A State
rural development council may--
`(A) solicit funds to supplement
and match funds granted under paragraph (3)(H); and
`(B) engage in activities,
in addition to those specified in paragraph (3), appropriate to
accomplish the purposes for
which the State rural development council is established.
`(5) COMMENTS OR RECOMMENDATIONS-
`(A) IN GENERAL- A State
rural development council may provide comments and recommendations to an
agency with rural responsibilities related to the activities of the State
rural development council within the State.
`(B) AGENCY- The agency
with rural responsibilities shall provide to the State rural development
council a written response to the comments or recommendations.
`(6) ACTIONS OF STATE RURAL
DEVELOPMENT COUNCIL MEMBERS- When carrying out a program or activity authorized
by a State rural development council, a member of the council shall be
regarded as an employee of the Federal Government for purposes of chapter
171 of title 28, United States Code.
`(7) FEDERAL PARTICIPATION
IN STATE RURAL DEVELOPMENT COUNCILS-
`(A) IN GENERAL- Subject
to subparagraph (B), Federal employees may participate in a State rural
development council.
`(B) CONFLICTS- A Federal
employee who participates in a State rural development council shall not
participate in the making of any council decision if the agency represented
by the Federal employee has any financial or other interest in the outcome
of the decision.
`(C) FEDERAL GUIDANCE- The
Attorney General shall issue guidance to all Federal employees that participate
in State rural development councils that describes specific decisions that--
`(i) would constitute a
conflict of interest for the Federal employee; and
`(ii) from which the Federal
employee must recuse himself or herself.
`(e) ADMINISTRATION OF THE
PARTNERSHIP-
`(1) DETAIL OF EMPLOYEES-
In order to provide experience in intergovernmental collaboration, with
the approval of the head of an agency with rural responsibilities that
elects to participate in the Partnership, an employee of the agency with
rural responsibilities is encouraged to be detailed to the Partnership
without reimbursement, and such detail shall be without interruption or
loss of civil service status or privilege.
`(2) ADDITIONAL SUPPORT-
The Secretary shall provide for any additional support staff to the Partnership
as the Secretary determines to be necessary to carry out the duties of
the Partnership.
`(A) IN GENERAL- A panel
consisting of representatives of the Coordinating Committee and State rural
development councils shall be established to lead and coordinate the strategic
operation, policies, and practices of the Partnership.
`(B) ANNUAL REPORTS- In
conjunction with the Coordinating Committee and State rural development
councils, the panel shall prepare and submit to Congress an annual report
on the activities of the Partnership.
`(1) AUTHORIZATION OF APPROPRIATIONS-
`(A) IN GENERAL- There are
authorized to be appropriated such sums as are necessary to carry out this
section.
`(B) FUNDING FORMULA- In
the case of general financial support provided by the Federal Government
to all State rural development councils, such support shall be uniform
in amount, but the Secretary may distribute general financial support that
exceeds 200 percent of the uniform amount received by all State rural development
councils for fiscal year 2002 under a formula that takes into account the
geographic size of the rural areas of the respective States, the rural
populations of the respective States, economic factors, and other appropriate
factors.
`(A) IN GENERAL- Notwithstanding
any other provision of law, in order to carry out the purposes described
in subsection (b)(2), the Partnership shall be eligible to receive grants,
gifts, contributions, or technical assistance from, or enter into contracts
with, any Federal agency, to the extent permitted by law.
`(B) ASSISTANCE- Federal
agencies are encouraged to use funds made available for programs that target
or have an impact on rural areas to provide assistance to, and enter into
contracts with, the Partnership, as described in subparagraph (A).
`(3) CONTRIBUTIONS- The
Partnership may accept private contributions.
`(g) MATCHING REQUIREMENTS
FOR STATE RURAL DEVELOPMENT COUNCILS- A State rural development council
shall provide matching funds, or in-kind goods or services, to support
the activities of the State rural development council in an amount that
is not less than 33 percent of the amount of Federal funds received under
an agreement under subsection (d)(1).
`(h) TERMINATION- The authority
provided under this section shall terminate on the date that is 5 years
after the date of enactment of this section.'.
END
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