[DOCID: f:s1111is.txt]






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.

    Congress finds that--
            (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).
    ``(b) Establishment.--
            ``(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.
            ``(3) Panel.--
                    ``(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.
    ``(f) Funding.--
            ``(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.
            ``(2) Federal agencies.--
                    ``(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.''.
                                 <all>