Authorizes the Commission to: (1) approve grants to States and public and nonprofit entities for economic development projects; and (2) make grants to local development districts to pay administrative expenses.
Requires: (1) State members to submit development plans to the Commission; and (2) the Governor of each member State to submit annually a strategy statement describing the State's program for achieving identified goals and objectives.
Sets forth criteria for ranking projects to receive assistance. Requires the Commission to review State and regional and multi state subregional development plans.
[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 527 Introduced in Senate (IS)]
108th CONGRESS
1st Session
S. 527
To establish the Southern Regional Commission for the purpose of
breaking the cycle of persistent poverty among the southeastern States.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 5, 2003
Mr. Miller introduced the following bill; which was read twice and
referred to the Committee on Environment and Public Works
_______________________________________________________________________
A BILL
To establish the Southern Regional Commission for the purpose of
breaking the cycle of persistent poverty among the southeastern States.
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 ``Southern Regional Commission Act of
2003''.
SEC. 2. FINDINGS.
Congress finds that--
(1) the rural southeast has been historically marked by
high poverty rates, low education levels, poor economic
conditions, and poor quality of life, for individuals of all
ages;
(2) recent studies--
(A) have documented the social costs of persistent
poverty;
(B) have documented that the rural southeast--
(i) experiences greater levels of overall
poverty than the Appalachian region or the
Delta region; but
(ii) has not been made the subject of a
focused Federal program to address poverty; and
(C) argue for the need for a governmental
commission to build on the efforts of States, local
governments, and community-based entities to focus on
ending persistent poverty and building wealth;
(3) the structure of the Appalachian Regional Commission
serves as a successful model for building wealth and improving
the conditions of communities that suffer from persistent
poverty; and
(4) a commission for the rural southeast established on the
model of the Appalachian Regional Commission is critical--
(A) to address the gaps in education, health,
housing, transportation, technology, and infrastructure
in the southeastern poverty belt; and
(B) to break the cycle of persistent poverty in the
region.
SEC. 3. DEFINITIONS.
In this Act:
(1) Commission.--The term ``Commission'' means the Southern
Regional Commission established by section 4(a).
(2) Federal grant program.--The term ``Federal grant
program'' means a Federal grant program to provide assistance
in carrying out economic and community development activities.
(3) Local development district.--The term ``local
development district'' means an entity that--
(A) is designated by the State and is--
(i) a planning district in existence on the
date of enactment of this Act that is
recognized by the Economic Development
Administration of the Department of Commerce;
or
(ii) a special district that is--
(I) designated after consultation
with each appropriate State agency and
the Governor; and
(II) responsible for addressing the
causes and effects of persistent
poverty; and
(B) has not, as certified by the Federal
cochairperson--
(i) inappropriately used Federal grant
funds from any Federal source; or
(ii) appointed an officer who, during the
period in which another entity inappropriately
used Federal grant funds from any Federal
source, was an officer of the other entity.
(4) Nonprofit entity.--The term ``nonprofit entity'' means
any entity with tax-exempt or nonprofit status (as determined
by the Internal Revenue Service) that--
(A) has been formed for the purpose of economic
development; or
(B) has a proven record of economic development
experience.
(5) Region.--The term ``region'' means the area consisting
of--
(A) in the State of Alabama, the counties of
Barbour, Bullock, Butler, Choctaw, Clarke, Coffee,
Conecuh, Covington, Crenshaw, Dale, Dallas, Escambia,
Geneva, Greene, Henry, Houston, Lee, Lowndes, Marengo,
Monroe, Perry, Pike, Russell, Sumter, Washington, and
Wilcox;
(B) in the State of Florida, the counties of
Alachua, Baker, Bay, Bradford, Calhoun, Columbia,
Dixie, Franklin, Gadsden, Gilchrist, Gulf, Hamilton,
Holmes, Jackson, Jefferson, Lafayette, Leon, Levy,
Liberty, Madison, Putnam, Suwannee, Taylor, Union,
Walton, and Washington;
(C) in the State of Georgia, the counties of
Appling, Atkinson, Bacon, Baker, Baldwin, Ben Hill,
Berrien, Bleckley, Brantley, Brooks, Bulloch, Burke,
Calhoun, Candler, Charlton, Clarke, Clay, Clinch,
Coffee, Colquit, Cook, Crawford, Crisp, Decatur, Dodge,
Dooly, Dougherty, Early, Echols, Emanuel, Evans,
Glascock, Glynn, Grady, Greene, Hancock, Irwin, Jasper,
Jeff Davis, Jefferson, Jenkins, Johnson, Lanier,
Laurens, Liberty, Lincoln, Long, Lowndes, Macon,
Marion, McDuffie, McIntosh, Meriwether, Miller,
Mitchell, Montgomery, Oglethorpe, Peach, Pierce,
Pulaski, Putnam, Quitman, Randolph, Schley, Screven,
Seminole, Stewart, Sumter, Talbot, Taliaferro,
Tattnall, Taylor, Telfair, Terrell, Thomas, Tift,
Toombs, Treutlen, Troup, Turner, Twiggs, Ware, Warren,
Washington, Wayne, Webster, Wheeler, Wilcox, Wilkes,
Wilkinson, and Worth;
(D) in the State of Mississippi, the counties of
Clarke, Forrest, George, Greene, Hancock, Jasper,
Jones, Lamar, Lauderdale, Leake, Neshoba, Newton, Pearl
River, Perry, Scott, Smith, Stone, and Wayne;
(E) in the State of North Carolina, the counties of
Anson, Beaufort, Bertie, Bladen, Caswell, Chowan,
Columbus, Craven, Duplin, Edgecombe, Gates, Greene,
Halifax, Harnett, Hertford, Hoke, Hyde, Jones, Lenoir,
Martin, Montgomery, Nash, New Hanover, Northampton,
Pamilco, Pasquotank, Pender, Perquimans, Pitt,
Richmond, Robeson, Sampson, Scotland, Tyrrell, Vance,
Warren, Washington, Wayne, and Wilson;
(F) in the State of South Carolina, the counties of
Abbeville, Allendale, Bamberg, Barnwell, Calhoun,
Chester, Chesterfield, Clarendon, Colleton, Darlington,
Dillon, Edgefield, Fairfield, Florence, Georgetown,
Greenwood, Hampton, Jasper, Lee, Marion, Marlboro,
McCormick, Newberry, Orangeburg, Saluda, Sumter, Union,
and Williamsburg; and
(G) in the State of Virginia, the counties of
Brunswick, Buckingham, Charlotte, Cumberland, Danville,
Emporia, Greensville, Halifax, Lunenburg, Mecklenburg,
Nottoway, Prince Edward, Southampton, and Sussex.
SEC. 4. SOUTHERN REGIONAL COMMISSION.
(a) Establishment.--
(1) In general.--There is established the Southern Regional
Commission.
(2) Composition.--The Commission shall be composed of--
(A) a Federal member, to be appointed by the
President, by and with the advice and consent of the
Senate; and
(B) State members, who shall consist of the
Governor of each State in the region that elects to
participate in the Commission.
(3) Cochairpersons.--The Commission shall be headed by--
(A) the Federal member, who shall serve--
(i) as the Federal cochairperson; and
(ii) as a liaison between the Federal
Government and the Commission; and
(B) a State cochairperson, who shall be--
(i) a Governor of a State described in
paragraph (2)(B); and
(ii) elected by the State members for a
term of not less than 1 year.
(b) Alternate Members.--
(1) Alternate federal cochairperson.--The President shall
appoint an alternate Federal cochairperson.
(2) State alternate members.--
(A) Appointment.--The State member of a State
described in subsection (a)(2)(B) may have a single
alternate member, who shall be appointed by the
Governor of the State from among the cabinet or
personal staff of the Governor.
(B) Voting.--An alternate member shall vote in the
event of the absence, death, disability, removal, or
resignation of the member for whom the individual is an
alternate member.
(3) Quorum.--
(A) In general.--Subject to subparagraphs (B) and
(C), the Commission shall determine what constitutes a
quorum of the Commission.
(B) Federal cochairperson.--To establish a quorum
of the Commission, the Federal cochairperson or a
designee of the Federal cochairperson shall be present.
(C) State alternate members.--A State alternate
member shall not be counted toward the establishment of
a quorum of the Commission.
(4) Delegation of power.--No power or responsibility of the
Commission specified in paragraph (3) or (4) of subsection (c),
and no voting right of any member of the Commission, shall be
delegated to any individual who--
(A) is not a Commission member; or
(B) is not entitled to vote in Commission meetings.
(c) Decisions.--
(1) Requirements for approval.--Except as provided in
subsection (g), each decision by the Commission shall require
the affirmative vote of the Federal cochairperson and a
majority of the State members, excluding members representing
States delinquent under subsection (g)(2)(C).
(2) Consultation.--In any matter coming before the
Commission, the Federal cochairperson, to the maximum extent
practicable, shall consult with Federal agencies having an
interest in the matter.
(3) Decisions requiring quorum of state members.--The
following decisions may not be made without a quorum of State
members:
(A) A decision involving Commission policy.
(B) Approval of a State, regional, or subregional
development plan or strategy statement.
(C) Modification or revision of the code of the
Commission.
(D) Allocation among the States of amounts made
available under this Act.
(4) Project and grant proposals.--The approval of project
and grant proposals shall be--
(A) a responsibility of the Commission; and
(B) carried out in accordance with section 10.
(d) Duties.--The Commission shall--
(1) develop, on a continuing basis, giving due
consideration to other Federal, State, and local planning and
development activities in the region, comprehensive and
coordinated plans and programs to establish priorities and
approve grants aimed at breaking the cycle of persistent
poverty by increasing the capacity of individuals--
(A) to participate in the economy; and
(B) to build wealth;
(2) not later than 1 year after the date of enactment of
this Act, establish priorities in a targeted strategy for the
region (including 5-year outcome targets for the region);
(3)(A) use the findings of Phase I of the Study on
Persistent Poverty in the South, prepared by the University of
Georgia and dated 2002; and
(B) assess any needs and capital assets of the region that
are not addressed by the study referred to in subparagraph (A)
based on available research, demonstration projects,
assessments, and evaluations of the region prepared by--
(i) Federal, State, or local agencies;
(ii) private nonprofit entities focused on
development of the region, such as the Southern Growth
Policies Board;
(iii) local development districts;
(iv) local community-based entities and
collaboratives;
(v) institutions of higher education; or
(vi) any other relevant source;
(4) enhance the capacity of, and provide support for, local
development districts in the region;
(5) support and enhance State resources and activities
designed to address persistent poverty;
(6) promote multijurisdictional efforts at the local level
intended to maximize local resources;
(7) support community-based efforts designed to address
persistent poverty;
(8) encourage private investment in industrial, commercial,
and other economic development projects in the region; and
(9) engage land-grant colleges and universities (as defined
in section 1404 of the National Agricultural Research,
Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3103)) to
provide research support for each State included in the region.
(e) Administration.--In carrying out subsection (d), the Commission
may--
(1) hold such hearings, sit and act at such times and
places, take such testimony, receive such evidence, and print
or otherwise reproduce and distribute a description of the
proceedings of, and reports on actions by, the Commission as
the Commission considers appropriate;
(2) authorize, through the Federal or State cochairperson
or any other member of the Commission designated by the
Commission, the administration of oaths, if the Commission
determines that testimony should be taken or evidence received
under oath;
(3) request from any Federal, State, or local agency such
information as is available to or procurable by the agency and
may be of use to the Commission in carrying out the duties of
the Commission;
(4) adopt, amend, and repeal bylaws and rules governing the
conduct of the business of the Commission and the performance
of the duties of the Commission;
(5) request the head of any Federal agency to detail to the
Commission such personnel as the Commission requires to carry
out the duties of the Commission, each such detail to be
without loss of seniority, pay, or other employee status;
(6) request the head of any State agency or local
government to detail to the Commission such personnel as the
Commission requires to carry out the duties of the Commission,
each such detail to be without loss of seniority, pay, or other
employee status;
(7) provide for coverage of Commission employees in a
suitable retirement and employee benefit system by--
(A) making arrangements or entering into contracts
with any State government of a State in the region that
elects to participate in the Commission; or
(B) otherwise providing retirement and other
employee benefit coverage;
(8) accept, use, and dispose of gifts or donations of
services or real, personal, tangible, or intangible property;
(9) enter into and perform such contracts or other
transactions as are necessary to carry out the duties of the
Commission;
(10) establish and maintain a central office located within
the region and field offices at such locations as the
Commission may select; and
(11) provide for an appropriate level of representation in
Washington, District of Columbia.
(f) Federal Agency Cooperation.--A Federal agency shall--
(1) cooperate with the Commission; and
(2) provide, on request of the Federal cochairperson,
appropriate assistance in carrying out this Act, in accordance
with applicable Federal laws (including regulations).
(g) Administrative Expenses.--
(1) In general.--Administrative expenses of the Commission
(other than the expenses of the Federal cochairperson,
including expenses of the alternate Federal cochairperson and
the staff of the Federal cochairperson, which shall be paid
solely by the Federal Government) shall be paid--
(A) by the Federal Government, in an amount equal
to 50 percent of the administrative expenses; and
(B) by the States in the region that elect to
participate in the Commission, in an amount equal to 50
percent of the administrative expenses.
(2) State share.--
(A) In general.--The share of administrative
expenses of the Commission to be paid by each State
shall be determined by the Commission.
(B) No federal participation.--The Federal
cochairperson shall not participate or vote in any
decision under subparagraph (A).
(C) Delinquent states.--During any period in which
a State is delinquent in payment of the State's share
of administrative expenses of the Commission under this
subsection--
(i) no assistance under this Act shall be
provided to the State (including assistance to
a political subdivision or a resident of the
State); and
(ii) no member of the Commission from the
State shall participate or vote in any action
by the Commission.
(h) Compensation.--
(1) Federal cochairperson.--The Federal cochairperson shall
be compensated by the Federal Government at the annual rate of
basic pay prescribed for level III of the Executive Schedule
under section 5314 of title 5, United States Code.
(2) Alternate federal cochairperson.--The alternate Federal
cochairperson--
(A) shall be compensated by the Federal Government
at the annual rate of basic pay prescribed for level V
of the Executive Schedule under section 5316 of title
5, United States Code; and
(B) when not actively serving as an alternate for
the Federal cochairperson, shall perform such functions
and duties as are delegated by the Federal
cochairperson.
(3) State members and alternate state members.--
(A) In general.--A State shall compensate each
member and alternate member representing the State on
the Commission at the rate established by State law.
(B) No additional compensation.--No State member or
alternate State member shall receive any salary, or any
contribution to or supplementation of salary, for
services provided by the member or alternate member to
the Commission from any source other than the State.
(4) Detailed personnel.--
(A) State detailees.--
(i) In general.--No individual detailed to
the Commission under subsection (e)(6) shall
receive any salary, or any contribution to or
supplementation of salary, for services
provided to the Commission from--
(I) any source other than the
State, local, or intergovernmental
agency from which the individual was
detailed; or
(II) the Commission.
(ii) Violation.--Any individual that
violates this subparagraph shall be fined not
more than $5,000, imprisoned not more than 1
year, or both.
(B) Federal personnel.--The Federal cochairperson,
the alternate Federal cochairperson, and any Federal
officer or employee detailed to the Commission under
subsection (e)(5) shall be subject to sections 202
through 209 of title 18, United States Code.
(5) Additional personnel.--
(A) Compensation.--
(i) In general.--Subject to clause (ii),
the Commission may appoint and fix the
compensation of an executive director and such other personnel as are
necessary to enable the Commission to carry out the duties of the
Commission.
(ii) Maximum compensation.--Compensation
under clause (i) shall not exceed the maximum
rate for the Senior Executive Service under
section 5382 of title 5, United States Code,
including any applicable locality-based
comparability payment that may be authorized
under section 5304(h)(2)(C) of that title.
(B) Executive director.--The executive director
shall be responsible for--
(i) carrying out the administrative duties
of the Commission;
(ii) directing the Commission staff; and
(iii) carrying out such other duties as the
Commission may assign.
(C) Federal employee status.--No member, alternate
member, officer, or employee of the Commission (except
the Federal cochairperson of the Commission, the
alternate Federal cochairperson, staff for the Federal
cochairperson, and any Federal officer or employee
detailed to the Commission under subsection (e)(5))
shall be considered to be a Federal employee for any
purpose.
(i) Conflicts of Interest.--
(1) In general.--Except as provided under paragraph (2), no
State member, alternate State member, officer, or employee of
the Commission shall participate personally and substantially
as a member, alternate member, officer, or employee of the
Commission, through decision, approval, disapproval,
recommendation, the rendering of advice, investigation, or
otherwise, in any proceeding, application, request for a ruling
or other determination, contract, claim, controversy, or other
matter in which, to knowledge of the member, alternate member,
officer, or employee, any of the following persons has a
financial interest:
(A) The member, alternate member, officer, or
employee.
(B) The spouse, minor child, partner, or
organization (other than a State or political
subdivision of the State) of the member, alternate
member, officer, or employee, in which the member,
alternate member, officer, or employee is serving as
officer, director, trustee, partner, or employee.
(C) Any individual or organization with whom the
member, alternate member, officer, or employee is
negotiating or has any arrangement concerning
prospective employment.
(2) Disclosure.--Paragraph (1) shall not apply if the State
member, alternate State member, officer, or employee--
(A) immediately advises the Commission of the
nature and circumstances of the proceeding,
application, request for a ruling or other
determination, contract, claim, controversy, or other
particular matter presenting a potential conflict of
interest;
(B) makes full disclosure of the financial
interest; and
(C) before the proceeding concerning the matter
presenting the conflict of interest, receives a written
determination by the Commission that the interest is
not so substantial as to be likely to affect the
integrity of the services that the Commission may
expect from the State member, alternate State member,
officer, or employee.
(3) Violation.--Any person that violates this subsection
shall be fined not more than $10,000, imprisoned not more than
2 years, or both.
(j) Validity of Contracts, Loans, and Grants.--The Commission may
declare void any contract, loan, or grant of the Commission in relation
to which the Commission determines that there has been a violation of
subsection (h)(4), subsection (i), or any of sections 202 through 209
of title 18, United States Code.
SEC. 5. COMMUNITY AND ECONOMIC DEVELOPMENT GRANTS.
(a) In General.--The Commission may approve grants to States and
public and nonprofit entities for projects, approved in accordance with
section 10--
(1) to increase the capacity of individuals in the region
to participate in the economy through improvements in
education, health care, and other factors that are essential
for the development of full human potential;
(2) to assist the region in obtaining job training,
employment-related education, and business development;
(3) to develop the infrastructure of the region for the
purpose of facilitating economic development in the region
(except that grants for this purpose may be made only to a
State or local government); and
(4) to otherwise achieve the purposes of this Act.
(b) Funding.--
(1) In general.--Funds for grants under subsection (a) may
be provided--
(A) entirely from appropriations to carry out this
section;
(B) in combination with funds available under
another Federal or State grant program; or
(C) from any other source.
(2) Eligible projects.--The Commission may provide
assistance to, make grants to, enter into contracts with, or
otherwise provide funds to eligible entities in the region for
projects that promote--
(A) opportunities for life-long learning;
(B) access to health care;
(C) job training or employment-related education;
(D) business development;
(E) affordable housing;
(F) local leadership development;
(G) basic public infrastructure, including high-
tech infrastructure; and
(H) other efforts to reverse persistent poverty in
the region.
SEC. 6. SUPPLEMENTS TO FEDERAL GRANT PROGRAMS.
(a) Federal Grant Program Funding.--Notwithstanding any provision
of law limiting the Federal share, the areas eligible for assistance,
or the authorizations of appropriations, under any Federal grant
program, and in accordance with subsection (b), the Federal
cochairperson may, with respect to a project to be carried out in the
region--
(1) increase the Federal share of the costs of a project
under any Federal grant program to not more than 80 percent;
and
(2) use amounts made available to carry out this Act to pay
all or a portion of the increased Federal share.
(b) Certification.--In the case of any project for which all or any
portion of the Federal share of the costs of the project is proposed to
be paid under this section, no Federal contribution shall be made until
the Federal official administering the Federal law that authorizes the
Federal grant program certifies that the project--
(1) meets (except as provided in subsection (a)) the
applicable requirements of the applicable Federal grant
program; and
(2) could be approved for Federal contribution under the
Federal grant program if funds were available under the law for
the project.
(c) Certification by Commission.--The certifications and
determinations required to be made by the Commission for approval of
projects under this Act in accordance with section 10--
(1) shall be controlling; and
(2) shall be accepted by Federal agencies.
(d) Acceptance by Federal Cochairperson.--In the case of any
project described in subsection (b), any finding, report,
certification, or documentation required to be submitted with respect
to the project to the head of the agency or instrumentality of the
Federal Government responsible for the administration of the Federal
grant program under which the project is carried out shall be accepted
by the Federal cochairperson.
SEC. 7. LOCAL DEVELOPMENT DISTRICTS; CERTIFICATION AND ADMINISTRATIVE
EXPENSES.
(a) Grants to Local Development Districts.--
(1) In general.--The Commission may make grants to local
development districts to pay the administrative expenses of the
local development districts.
(2) Conditions for grants.--
(A) Maximum amount.--The amount of any grant
awarded under paragraph (1) shall not exceed 80 percent
of the administrative expenses of the local development
district receiving the grant.
(B) Local development district share.--The local
development district share of the administrative
expenses may be provided in cash or in kind, fairly
evaluated, including space, equipment, and services.
(b) Duties of Local Development Districts.--A local development
district shall--
(1) operate as a lead organization serving multicounty
areas in the region at the local level; and
(2) serve as a liaison between State and local governments,
nonprofit entities (including community-based groups and
educational institutions), the business community, and citizens
that--
(A) are involved in multijurisdictional planning;
(B) provide technical assistance to local
jurisdictions and potential grantees; and
(C) provide leadership and civic development
assistance.
SEC. 8. DEVELOPMENT PLANNING PROCESS.
(a) State Development Plan.--In accordance with policies
established by the Commission, each State member shall submit to the
Commission a development plan for the area of the region represented by
the State member.
(b) Content of Plan.--A State development plan submitted under
subsection (a) shall reflect the goals, objectives, and priorities
identified in the regional development plan developed under section
4(d)(2).
(c) Consultation.--In carrying out the development planning
process, a State shall--
(1) consult with--
(A) local development districts;
(B) units of local government;
(C) institutions of higher learning;
(D) nonprofit entities (including community-based
groups and private entities focused on development of
the region, such as the Southern Growth Policies
Board);
(E) the business community; and
(F) citizens; and
(2) take into consideration the goals, objectives,
priorities, and recommendations of the entities described in
paragraph (1).
(d) Public Participation.--The Commission and applicable State and
local development districts shall encourage and assist, to the maximum
extent practicable, public participation in the development, revision,
and implementation of all plans and programs under this Act.
(e) Annual Strategy Statement.--Not later than December 15 of each
year, the Governor of each State in the region shall submit to the
Commission a strategy statement describing the program of the State for
achieving the goals and objectives identified in the State development
plan of the State submitted under subsection (a).
SEC. 9. PROGRAM DEVELOPMENT CRITERIA.
(a) In General.--In considering projects to be assisted under this
Act, and in establishing a priority ranking of the requests for
assistance provided by the Commission, the Commission shall follow
procedures that ensure, to the maximum extent practicable,
consideration of--
(1) the relationship of the project to overall development
of the region;
(2) the per capita income and poverty and unemployment
rates and other socioeconomic indicators in an area;
(3) the financial resources available to the applicants for
assistance seeking to carry out the project, with emphasis on
ensuring that projects are adequately financed to maximize the
probability of successful economic development;
(4) the importance of the project in relation to other
projects that may be in competition for the same funds;
(5) the prospects that the project for which assistance is
sought will improve, on a continuing rather than a temporary
basis, the opportunities for employment, the average level of
income, or the economic development of the area to be served by
the project; and
(6) the extent to which the design of the project provides
for detailed outcome measurements by which grant expenditures
and the results of the expenditures may be evaluated.
(b) No Relocation Assistance.--No financial assistance authorized
by this Act shall be used to assist an entity in relocating from 1 area
to another.
(c) Maintenance of Effort.--Funds may be provided for a project in
a State under this Act only if the Commission determines that the level
of Federal or State financial assistance provided under a law other
than this Act, for the same type of project in the same area of the
State within the region, will not be reduced as a result of funds made
available by this Act.
SEC. 10. APPROVAL OF DEVELOPMENT PLANS AND PROJECTS.
(a) In General.--A State or regional development plan or a
multistate subregional plan that is proposed for development under this
Act shall be reviewed by the Commission.
(b) Evaluation by State Member.--An application for a grant or any
other assistance for a project under this Act shall be made through,
and evaluated for approval by, the State member of the Commission
representing the applicant.
(c) Certification.--An application for a grant or other assistance
for a project shall be approved only on certification by the State
member and the Federal cochairperson that the application for the
project--
(1) describes ways in which the project complies with any
applicable State development plan;
(2) meets applicable criteria under section 9;
(3) provides adequate assurance that the proposed project
will be properly administered, operated, and maintained; and
(4) otherwise meets the requirements of this Act.
(d) Votes for Decisions.--On certification of an application for a
grant or other assistance for a specific project under this section, an
affirmative vote of the Commission under section 4(c) shall be required
for approval of the application.
SEC. 11. CONSENT OF STATES.
Nothing in this Act requires any State to engage in or accept any
program under this Act without the consent of the State.
SEC. 12. RECORDS.
(a) Records of the Commission.--
(1) In general.--The Commission shall maintain accurate and
complete records of all transactions and activities of the
Commission.
(2) Availability.--All records of the Commission shall be
available for audit and examination by the Comptroller General
of the United States (including authorized representatives of
the Comptroller General).
(b) Records of Recipients of Federal Assistance.--
(1) In general.--A recipient of Federal funds under this
Act shall, as required by the Commission--
(A) maintain accurate and complete records of
transactions and activities financed with Federal
funds; and
(B) submit to the Commission reports on the
transactions and activities.
(2) Availability.--All records required under paragraph (1)
shall be available for audit by the Comptroller General of the
United States and the Commission (including authorized
representatives of the Comptroller General and the Commission).
SEC. 13. ANNUAL REPORT.
Not later than 180 days after the end of each fiscal year, the
Commission shall submit to the President and to Congress a report
describing the activities carried out under this Act in the fiscal
year.
SEC. 14. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There is authorized to be appropriated to the
Commission to carry out this Act $20,000,000 for each of fiscal years
2004 through 2008, to remain available until expended.
(b) Administrative Expenses.--Not more than 5 percent of the amount
appropriated under subsection (a) for a fiscal year shall be used for
administrative expenses of the Commission.
SEC. 15. TERMINATION OF AUTHORITY.
The authority provided by this Act terminates effective October 1,
2008.
<all>
Introduced in Senate
Read twice and referred to the Committee on Environment and Public Works.
Llama 3.2 · runs locally in your browser
Ask anything about this bill. The AI reads the full text to answer.
Enter to send · Shift+Enter for new line