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.
(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;
(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.
(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.
(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.
(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.
(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.
(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
(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.
(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.
(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.
(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) 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-
(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.
(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;
(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--
(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
(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.
END