II 

109TH CONGRESS 

1ST SESSION S. 1865 

To establish the SouthEast Crescent Authority, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

OCTOBER 7 (legislative day, OCTOBER 6), 2005 

Mrs. DOLE (for herself, Mr. BURR, and Mr. ISAKSON) introduced the following bill; which was read twice and referred to the Committee on Environment and Public Works 

A BILL 

To establish the SouthEast Crescent Authority, and for other 

purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘SouthEast Crescent 

5 Authority Act of 2005’’. 

6 SEC. 2. DEFINITIONS. 

7 In this Act, the following definitions apply: 

8 (1) AUTHORITY.—The term ‘‘Authority’’ means 

9 the SouthEast Crescent Authority established by 

10 section 3. 
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1 (2) FEDERAL GRANT PROGRAM.—The term 

2 ‘‘Federal grant program’’ means a Federal grant 

3 program to provide assistance in carrying out eco4 nomic and community development activities. 

5 (3) NON-PROFIT ENTITY.—The term ‘‘non-prof6 it entity’’ means any entity with tax-exempt or non7 profit status, as defined by the Internal Revenue 

8 Service, that has been formed for the purpose of eco9 nomic development or has a proven record of eco10 nomic development experience. 

11 (4) REGION.—The term ‘‘region’’ means the 

12 area covered by the Authority (as described in sec13 tion 16). 

14 SEC. 3. SOUTHEAST CRESCENT AUTHORITY. 

15 (a) ESTABLISHMENT.— 

16 (1) IN GENERAL.—There is established the 

17 SouthEast Crescent Authority. 

18 (2) COMPOSITION.—The Authority shall be 

19 composed of— 

20 (A) a Federal member, to be appointed by 

21 the President, with the advice and consent of 

22 the Senate; and 

23 (B) the Governor of each State in the re24 gion that elects to participate in the Authority. 
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1 (3) COCHAIRPERSONS.—The Authority shall be 

2 headed by— 

3 (A) the Federal member, who shall serve— 

4 (i) as the Federal cochairperson; and 

5 (ii) as a liaison between the Federal 

6 Government and the Authority; and 

7 (B) a State cochairperson, who— 

8 (i) shall be a Governor of a partici9 pating State in the region; and 

10 (ii) shall be elected by the State mem11 bers for a term of not less than 1 year. 

12 (b) ALTERNATE MEMBERS.— 

13 (1) STATE ALTERNATES.— 

14 (A) APPOINTMENT.—The State member of 

15 a participating State may have a single alter16 nate, who shall be appointed by the Governor of 

17 the State from among the Governor’s cabinet or 

18 personal staff. 

19 (B) VOTING.—An alternate shall vote in 

20 the event of the absence, death, disability, re21 moval, or resignation of the member for whom 

22 the individual is an alternate. 

23 (2) ALTERNATE FEDERAL COCHAIRPERSON.— 

24 The President shall appoint an alternate Federal co25 chairperson. 
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1 (3) QUORUM.— 

2 (A) IN GENERAL.—Subject to the require3 ments of this paragraph, the Authority shall de4 termine what constitutes a quorum of the Au5 thority. 

6 (B) FEDERAL COCHAIRPERSON.—The 

7 Federal cochairperson or the Federal cochair8 person’s designee must be present for the estab9 lishment of a quorum of the Authority. 

10 (C) STATE ALTERNATES.—A State alter11 nate shall not be counted toward the establish12 ment of a quorum of the Authority. 

13 (4) DELEGATION OF POWER.—No power or re14 sponsibility of the Authority specified in paragraphs 

15 (3) and (4) of subsection (c), and no voting right of 

16 any Authority member, shall be delegated to any 

17 person— 

18 (A) who is not a Authority member; or 

19 (B) who is not entitled to vote in Authority 

20 meetings. 

21 (c) DECISIONS.— 

22 (1) REQUIREMENTS FOR APPROVAL.—Except 

23 as provided in subsection (g), decisions by the Au24 thority shall require the affirmative vote of the Fed25 eral cochairperson and of a majority of the State 
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1 members, exclusive of members representing States 

2 delinquent under subsection (g)(2)(C). 

3 (2) CONSULTATION.—In matters coming before 

4 the Authority, the Federal cochairperson, to the ex5 tent practicable, shall consult with the Federal de6 partments and agencies having an interest in the 

7 subject matter. 

8 (3) DECISIONS REQUIRING QUORUM OF STATE

9 MEMBERS.—The following decisions may not be 

10 made without a quorum of State members: 

11 (A) A decision involving Authority policy. 

12 (B) Approval of State, regional, or sub13 regional development plans or strategy state14 ments. 

15 (C) Modification or revision of the 

16 Authority’s code. 

17 (D) Allocation of amounts among the 

18 States. 

19 (E) Designation of a distressed county. 

20 (4) PROJECT AND GRANT PROPOSALS.—The ap21 proval of project and grant proposals is a responsi22 bility of the Authority and shall be carried out in ac23 cordance with section 10. 

24 (d) DUTIES.—The Authority shall— 
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1 (1) develop, on a continuing basis, comprehen2 sive and coordinated plans and programs to establish 

3 priorities and approve grants for the economic devel4 opment of the region, giving due consideration to 

5 other Federal, State, and local planning and devel6 opment activities in the region; 

7 (2) not later than 365 days after the date of 

8 enactment of this Act, establish priorities in a devel9 opment plan for the region (including 5-year re10 gional outcome targets); 

11 (3) assess the needs and capital assets of the 

12 region based on available research, demonstration 

13 projects, assessments, and evaluations of the region 

14 prepared by Federal, State, or local agencies, local 

15 development districts, and any other relevant source; 

16 (4)(A) enhance the capacity of, and provide 

17 support for, local development districts in the region; 

18 or 

19 (B) if no local development district exists in an 

20 area in a participating State in the region, foster the 

21 creation of a local development district; and 

22 (5) encourage private investment in industrial, 

23 commercial, and other economic development 

24 projects in the region. 
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1 (e) ADMINISTRATION.—In carrying out subsection 

2 (d), the Authority may— 

3 (1) hold such hearings, sit and act at such 

4 times and places, take such testimony, receive such 

5 evidence, and print or otherwise reproduce and dis6 tribute a description of the proceedings and reports 

7 on actions by the Authority as the Authority con8 siders appropriate; 

9 (2) authorize, through the Federal or State co10 chairperson or any other member of the Authority 

11 designated by the Authority, the administration of 

12 oaths if the Authority determines that testimony 

13 should be taken or evidence received under oath; 

14 (3) request from any Federal, State, or local 

15 department or agency such information as may be 

16 available to or procurable by the department or 

17 agency that may be of use to the Authority in car18 rying out duties of the Authority; 

19 (4) adopt, amend, and repeal bylaws and rules 

20 governing the conduct of Authority business and the 

21 performance of Authority duties; 

22 (5) request the head of any Federal department 

23 or agency to detail to the Authority such personnel 

24 as the Authority requires to carry out duties of the 
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1 Authority, each such detail to be without loss of se2 niority, pay, or other employee status; 

3 (6) request the head of any State department 

4 or agency or local government to detail to the Au5 thority such personnel as the Authority requires to 

6 carry out duties of the Authority, each such detail 

7 to be without loss of seniority, pay, or other em8 ployee status; 

9 (7) provide for coverage of Authority employees 

10 in a suitable retirement and employee benefit system 

11 by— 

12 (A) making arrangements or entering into 

13 contracts with any participating State govern14 ment; or 

15 (B) otherwise providing retirement and 

16 other employee benefit coverage; 

17 (8) accept, use, and dispose of gifts or dona18 tions of services or real, personal, tangible, or intan19 gible property; 

20 (9) enter into and perform such contracts or 

21 other transactions as are necessary to carry out Au22 thority duties; 

23 (10) establish and maintain a central office lo24 cated within the Southeast Crescent Authority re-
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1 gion and field offices at such locations as the Au2 thority may select; and 

3 (11) provide for an appropriate level of rep4 resentation in Washington, D.C. 

5 (f) FEDERAL AGENCY COOPERATION.—A Federal 

6 agency shall— 

7 (1) cooperate with the Authority; and 

8 (2) provide, on request of the Federal cochair9 person, appropriate assistance in carrying out this 

10 Act, in accordance with applicable Federal laws (in11 cluding regulations). 

12 (g) ADMINISTRATIVE EXPENSES.— 

13 (1) IN GENERAL.—Administrative expenses of 

14 the Authority (except for the expenses of the Fed15 eral cochairperson, including expenses of the alter16 nate and staff of the Federal cochairperson, which 

17 shall be paid solely by the Federal Government) 

18 shall be paid— 

19 (A) by the Federal Government, in an 

20 amount equal to 50 percent of the administra21 tive expenses; and 

22 (B) by the States in the region partici23 pating in the Authority, in an amount equal to 

24 50 percent of the administrative expenses. 

25 (2) STATE SHARE.— 
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1 (A) IN GENERAL.—The share of adminis2 trative expenses of the Authority to be paid by 

3 each State shall be determined by the Author4 ity. 

5 (B) NO FEDERAL PARTICIPATION.—The 

6 Federal cochairperson shall not participate or 

7 vote in any decision under subparagraph (A). 

8 (C) DELINQUENT STATES.—If a State is 

9 delinquent in payment of the State’s share of 

10 administrative expenses of the Authority under 

11 this subsection— 

12 (i) no assistance under this Act shall 

13 be furnished to the State (including assist14 ance to a political subdivision or a resident 

15 of the State); and 

16 (ii) no member of the Authority from 

17 the State shall participate or vote in any 

18 action by the Authority. 

19 (h) COMPENSATION.— 

20 (1) FEDERAL COCHAIRPERSON.—The Federal 

21 cochairperson shall be compensated by the Federal 

22 Government at level III of the Executive Schedule in 

23 subchapter II of chapter 53 of title V, United States 

24 Code. 
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1 (2) ALTERNATE FEDERAL COCHAIRPERSON.— 

2 The alternate Federal cochairperson— 

3 (A) shall be compensated by the Federal 

4 Government at level V of the Executive Sched5 ule described in paragraph (1); and 

6 (B) when not actively serving as an alter7 nate for the Federal cochairperson, shall per8 form such functions and duties as are delegated 

9 by the Federal cochairperson. 

10 (3) STATE MEMBERS AND ALTERNATES.— 

11 (A) IN GENERAL.—A State shall com12 pensate each member and alternate rep13 resenting the State on the Authority at the rate 

14 established by law of the State. 

15 (B) NO ADDITIONAL COMPENSATION.—No 

16 State member or alternate member shall receive 

17 any salary, or any contribution to or sup18 plementation of salary from any source other 

19 than the State for services provided by the 

20 member or alternate to the Authority. 

21 (4) DETAILED EMPLOYEES.— 

22 (A) IN GENERAL.—No person detailed to 

23 serve the Authority under subsection (e)(6) 

24 shall receive any salary or any contribution to 
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1 or supplementation of salary for services pro2 vided to the Authority from— 

3 (i) any source other than the State, 

4 local, or intergovernmental department or 

5 agency from which the person was detailed; 

6 or 

7 (ii) the Authority. 

8 (B) VIOLATION.—Any person that violates 

9 this paragraph shall be fined not more than 

10 $5,000, imprisoned not more than 1 year, or 

11 both. 

12 (C) APPLICABLE LAW.—The Federal co13 chairperson, the alternate Federal cochair14 person, and any Federal officer or employee de15 tailed to duty on the Authority under sub16 section (e)(5) shall not be subject to subpara17 graph (A), but shall remain subject to sections 

18 202 through 209 of title 18, United States 

19 Code. 

20 (5) ADDITIONAL PERSONNEL.— 

21 (A) COMPENSATION.— 

22 (i) IN GENERAL.—The Authority may 

23 appoint and fix the compensation of an ex24 ecutive director and such other personnel 
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1 as are necessary to enable the Authority to 

2 carry out the duties of the Authority. 

3 (ii) EXCEPTION.—Compensation 

4 under clause (i) shall not exceed the max5 imum rate for the Senior Executive Service 

6 under section 5382 of title 5, United 

7 States Code, including any applicable local8 ity-based comparability payment that may 

9 be authorized under section 5304(h)(2)(C) 

10 of that title. 

11 (B) EXECUTIVE DIRECTOR.—The executive 

12 director shall be responsible for— 

13 (i) the carrying out of the administra14 tive duties of the Authority; 

15 (ii) direction of the Authority staff; 

16 and 

17 (iii) such other duties as the Author18 ity may assign. 

19 (C) NO FEDERAL EMPLOYEE STATUS.—No 

20 member, alternate, officer, or employee of the 

21 Authority (except the Federal cochairperson of 

22 the Authority, the alternate and staff for the 

23 Federal cochairperson, and any Federal em24 ployee detailed to the Authority under sub-
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1 section (e)(5)) shall be considered to be a Fed2 eral employee for any purpose. 

3 (i) CONFLICTS OF INTEREST.— 

4 (1) IN GENERAL.—Except as provided under 

5 paragraph (2), no State member, alternate, officer, 

6 or employee of the Authority shall participate per7 sonally and substantially as a member, alternate, of8 ficer, or employee of the Authority, through decision, 

9 approval, disapproval, recommendation, the ren10 dering of advice, investigation, or otherwise, in any 

11 proceeding, application, request for a ruling or other 

12 determination, contract, claim, controversy, or other 

13 matter in which, to knowledge of the member, alter14 nate, officer, or employee any of the following per15 sons has a financial interest: 

16 (A) The member, alternate, officer, or em17 ployee. 

18 (B) The spouse, minor child, or partner of 

19 the member, alternate, officer, or employee. 

20 (C) Any organization (other than a State 

21 or political subdivision of the State) in which 

22 the member, alternate, officer, or employee is 

23 serving as an officer, director, trustee, partner, 

24 or employee. 
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1 (D) Any person or organization with whom 

2 the member, alternate, officer, or employee is 

3 negotiating or has any arrangement concerning 

4 prospective employment. 

5 (2) DISCLOSURE.—Paragraph (1) shall not 

6 apply if the State member, alternate, officer, or em7 ployee— 

8 (A) immediately advises the Authority of 

9 the nature and circumstances of the proceeding, 

10 application, request for a ruling or other deter11 mination, contract, claim, controversy, or other 

12 particular matter presenting a potential conflict 

13 of interest; 

14 (B) makes full disclosure of the financial 

15 interest; and 

16 (C) before the proceeding concerning the 

17 matter presenting the conflict of interest, re18 ceives a written determination by the Authority 

19 that the interest is not so substantial as to be 

20 likely to affect the integrity of the services that 

21 the Authority may expect from the State mem22 ber, alternate, officer, or employee. 

23 (3) VIOLATION.—Any person that violates this 

24 subsection shall be fined not more than $10,000, im25 prisoned not more than 2 years, or both. 
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1 (j) VALIDITY OF CONTRACTS, LOANS, AND

2 GRANTS.—The Authority may declare void any contract, 

3 loan, or grant of or by the Authority in relation to which 

4 the Authority determines that there has been a violation 

5 of any provision under subsection (h)(4), subsection (i), 

6 or sections 202 through 209 of title 18, United States 

7 Code. 

8 SEC. 4. ECONOMIC AND COMMUNITY DEVELOPMENT 

9 GRANTS. 

10 (a) IN GENERAL.—The Authority may approve 

11 grants to States and public and nonprofit entities for 

12 projects, approved in accordance with section 10— 

13 (1) to develop the infrastructure of the region 

14 for the purpose of facilitating economic development 

15 in the region (except that grants for this purpose 

16 may only be made to a State or local government); 

17 (2) to assist the region in obtaining job train18 ing, employment-related education, and business de19 velopment; 

20 (3) to provide assistance to severely distressed 

21 and underdeveloped areas; and 

22 (4) to otherwise achieve the purposes of this 

23 Act. 

24 (b) FUNDING.— 
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1 (1) IN GENERAL.—Funds for grants under sub2 section (a) may be provided— 

3 (A) entirely from appropriations to carry 

4 out this section; 

5 (B) in combination with funds available 

6 under another State or Federal grant program; 

7 or 

8 (C) from any other source. 

9 (2) FUNDING PRIORITY.—Not less than 50 per10 cent of the amount of expenditures approved by the 

11 Authority shall support activities or projects that 

12 benefit severely and persistently distressed counties 

13 and areas. 

14 (3) ELIGIBLE PROJECTS.—The Authority may 

15 provide assistance, make grants, enter into con16 tracts, or otherwise provide funds to eligible entities 

17 in the region for projects that promote— 

18 (A) business development; 

19 (B) job training or employment-related 

20 education; 

21 (C) local planning and leadership develop22 ment; 

23 (D) basic public infrastructure, including 

24 high-tech infrastructure, in distressed counties 

25 and isolated areas of distress; and 
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1 (E) any other project facilitating economic 

2 development in the region. 

3 (4) FEDERAL SHARE.—Notwithstanding any 

4 provision of law limiting the Federal share in any 

5 grant program, funds appropriated to carry out this 

6 section may be used to increase a Federal share in 

7 a grant program, as the Authority determines appro8 priate. 

9 SEC. 5. SUPPLEMENTS TO FEDERAL GRANT PROGRAMS. 

10 (a) FEDERAL GRANT PROGRAM FUNDING.—In ac11 cordance with subsection (b), the Federal cochairperson 

12 may use amounts made available to carry out this Act, 

13 without regard to any limitations on areas eligible for as14 sistance or authorizations for appropriation under any 

15 other Act, to fund all or any portion of the basic Federal 

16 contribution to a project or activity under a Federal grant 

17 program in the region in an amount that is above the fixed 

18 maximum portion of the cost of the project otherwise au19 thorized by applicable law, but not to exceed 80 percent 

20 of the costs of the project. 

21 (b) CERTIFICATION.— 

22 (1) IN GENERAL.—In the case of any program 

23 or project for which all or any portion of the basic 

24 Federal contribution to the project under a Federal 

25 grant program is proposed to be made under this 
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1 section, no Federal contribution shall be made until 

2 the Federal official administering the Federal law 

3 authorizing the contribution certifies that the pro4 gram or project— 

5 (A) meets the applicable requirements of 

6 the applicable Federal grant law; and 

7 (B) could be approved for Federal con8 tribution under the law if funds were available 

9 under the law for the program or project. 

10 (2) CERTIFICATION BY AUTHORITY.— 

11 (A) IN GENERAL.—The certifications and 

12 determinations required to be made by the Au13 thority for approval of projects under this Act 

14 in accordance with section 10— 

15 (i) shall be controlling; and 

16 (ii) shall be accepted by the Federal 

17 agencies. 

18 (B) ACCEPTANCE BY FEDERAL COCHAIR19 PERSON.—Any finding, report, certification, or 

20 documentation required to be submitted to the 

21 head of the department, agency, or instrumen22 tality of the Federal Government responsible for 

23 the administration of any Federal grant pro24 gram shall be accepted by the Federal cochair-
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1 person with respect to a supplemental grant for 

2 any project under the program. 

3 SEC. 6. LOCAL DEVELOPMENT DISTRICTS; CERTIFICATION 

4 AND ADMINISTRATIVE EXPENSES. 

5 (a) DEFINITION OF LOCAL DEVELOPMENT DIS6 TRICT.—In this section, the term ‘‘local development dis7 trict’’ means an entity designated by the State that— 

8 (1) is— 

9 (A)(i) a planning district in existence on 

10 the date of enactment of this Act that is recog11 nized by the Economic Development Adminis12 tration of the Department of Commerce; or 

13 (ii) a development district recognized by 

14 the State; or 

15 (B) if an entity described in subparagraph 

16 (A)(i) or (A)(ii) does not exist, an entity des17 ignated by the Authority that satisfies the cri18 teria developed by the Economic Development 

19 Administration for a local development district; 

20 and 

21 (2) has not, as certified by the Federal cochair22 person— 

23 (A) inappropriately used Federal grant 

24 funds from any Federal source; or 
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1 (B) appointed an officer who, during the 

2 period in which another entity inappropriately 

3 used Federal grant funds from any Federal 

4 source, was an officer of the other entity. 

5 (b) GRANTS TO LOCAL DEVELOPMENT DISTRICTS.— 

6 (1) IN GENERAL.—The Authority may make 

7 grants for administrative expenses under this sec8 tion. 

9 (2) CONDITIONS FOR GRANTS.— 

10 (A) MAXIMUM AMOUNT.—The amount of 

11 any grant awarded under paragraph (1) shall 

12 not exceed 80 percent of the administrative ex13 penses of the local development district receiv14 ing the grant. 

15 (B) LOCAL SHARE.—The contributions of 

16 a local development district for administrative 

17 expenses may be in cash or in kind, fairly evalu18 ated, including space, equipment, and services. 

19 (c) DUTIES OF LOCAL DEVELOPMENT DISTRICTS.— 

20 A local development district shall— 

21 (1) operate as a lead organization serving 

22 multicounty areas in the region at the local level; 

23 and 

24 (2) serve as a liaison between State and local 

25 governments, nonprofit organizations (including 
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1 community-based groups and educational institu2 tions), the business community, and citizens that— 

3 (A) are involved in multijurisdictional plan4 ning; 

5 (B) provide technical assistance to local ju6 risdictions and potential grantees; and 

7 (C) provide leadership and civic develop8 ment assistance. 

9 SEC. 7. DISTRESSED COUNTIES AND AREAS AND NONDIS10 TRESSED COUNTIES. 

11 Not later than 90 days after the date of enactment 

12 of this Act, and annually thereafter, the Authority, in ac13 cordance with such criteria as the Authority establishes, 

14 may designate— 

15 (1) as distressed counties, counties in the re16 gion that are the most severely and persistently dis17 tressed and underdeveloped and have high rates of 

18 poverty, low per capita income, or high rates of un19 employment; and 

20 (2) as isolated areas of distress, areas located 

21 in nondistressed counties in the region that are se22 verely and persistently distressed as documented by 

23 comparable statistical measures. 
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1 SEC. 8. DEVELOPMENT PLANNING PROCESS. 

2 (a) STATE DEVELOPMENT PLAN.—In accordance 

3 with policies established by the Authority, each State 

4 member shall submit a development plan for the area of 

5 the region represented by the State member. 

6 (b) CONTENT OF PLAN.—A State development plan 

7 submitted under subsection (a) shall reflect the goals, ob8 jectives, and priorities identified in the regional develop9 ment plan developed under section 3(d)(2). 

10 (c) CONSULTATION.—In carrying out the develop11 ment planning process, a State shall— 

12 (1) consult with— 

13 (A) local development districts; 

14 (B) local units of government; and 

15 (C) institutions of higher learning; and 

16 (2) take into consideration the goals, objectives, 

17 priorities, and recommendations of the entities de18 scribed in paragraph (1). 

19 (d) PUBLIC PARTICIPATION.—The Authority and ap20 plicable State and local development districts shall encour21 age and assist, to the maximum extent practicable, public 

22 participation in the development, revision, and implemen23 tation of all plans and programs under this Act. 

24 SEC. 9. PROGRAM DEVELOPMENT CRITERIA. 

25 (a) IN GENERAL.—In considering programs and 

26 projects to be provided assistance under this Act, and in 
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1 establishing a priority ranking of the requests for assist2 ance provided by the Authority, the Authority shall follow 

3 procedures that ensure, to the maximum extent prac4 ticable, consideration of— 

5 (1) the relationship of the project to overall re6 gional development; 

7 (2) the per capita income and poverty and un8 employment rates and other socioeconomic indicators 

9 in an area; 

10 (3) the financial resources available to the ap11 plicants for assistance seeking to carry out the 

12 project, with emphasis on ensuring that projects are 

13 adequately financed to maximize the probability of 

14 successful economic development; 

15 (4) the importance of the project in relation to 

16 other projects that may be in competition for the 

17 same funds; 

18 (5) the prospects that the project for which as19 sistance is sought will improve, on a continuing rath20 er than a temporary basis, the opportunities for em21 ployment, the average level of income, or the eco22 nomic development of the area served by the project; 

23 and 

24 (6) the extent to which the project design pro25 vides for detailed outcome measurements by which 
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1 grant expenditures and the results of the expendi2 tures may be evaluated. 

3 (b) NO RELOCATION ASSISTANCE.—No financial as4 sistance authorized by this Act shall be used to assist an 

5 establishment in relocating from 1 area to another. 

6 (c) REDUCTION OF FUNDS.—Funds may be provided 

7 for a program or project in a State under this Act only 

8 if the Authority determines that the level of Federal or 

9 State financial assistance provided under a law other than 

10 this Act, for the same type of program or project in the 

11 same area of the State within the region, will not be re12 duced as a result of funds made available by this Act. 

13 SEC. 10. APPROVAL OF DEVELOPMENT PLANS AND 

14 PROJECTS. 

15 (a) IN GENERAL.—A State or regional development 

16 plan or any multistate subregional plan that is proposed 

17 for development under this Act shall be reviewed by the 

18 Authority. 

19 (b) EVALUATION BY STATE MEMBER.—An applica20 tion for a grant or any other assistance for a project under 

21 this Act shall be made through and evaluated for approval 

22 by the State member of the Authority representing the 

23 applicant. 

24 (c) CERTIFICATION.—An application for a grant or 

25 other assistance for a project shall be approved only on 
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1 certification by the State member and Federal cochair2 person that the application for the project— 

3 (1) describes ways in which the project complies 

4 with any applicable State development plan; 

5 (2) meets applicable criteria under section 9; 

6 (3) provides adequate assurance that the pro7 posed project will be properly administered, oper8 ated, and maintained; and 

9 (4) otherwise meets the requirements of this 

10 Act. 

11 (d) VOTES FOR DECISIONS.—Upon certification of an 

12 application for a grant or other assistance for a specific 

13 project under this section, an affirmative vote of the Au14 thority under section 3(c) shall be required for approval 

15 of the application. 

16 SEC. 11. CONSENT OF STATES. 

17 Nothing in this Act requires any State to engage in 

18 or accept any program under this Act without the consent 

19 of the State. 

20 SEC. 12. RECORDS. 

21 (a) RECORDS OF THE AUTHORITY.— 

22 (1) IN GENERAL.—The Authority shall main23 tain accurate and complete records of all trans24 actions and activities of the Authority. 
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1 (2) AVAILABILITY.—All records of the Author2 ity shall be available for audit and examination by 

3 the Comptroller General of the United States (in4 cluding authorized representatives of the Comp5 troller General). 

6 (b) RECORDS OF RECIPIENTS OF FEDERAL ASSIST7 ANCE.— 

8 (1) IN GENERAL.—A recipient of Federal funds 

9 under this Act shall, as required by the Authority, 

10 maintain accurate and complete records of trans11 actions and activities financed with Federal funds 

12 and report on the transactions and activities to the 

13 Authority. 

14 (2) AVAILABILITY.—All records required under 

15 paragraph (1) shall be available for audit by the 

16 Comptroller General of the United States and the 

17 Authority (including authorized representatives of 

18 the Comptroller General and the Authority). 

19 SEC. 13. ANNUAL REPORT. 

20 Not later than 180 days after the end of each fiscal 

21 year, the Authority shall submit to the President and to 

22 Congress a report describing the activities carried out 

23 under this Act. 
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1 SEC. 14. AUTHORIZATION OF APPROPRIATIONS. 

2 (a) IN GENERAL.—There is authorized to be appro3 priated to the Authority to carry out this Act $40,000,000 

4 for each of fiscal years 2006 through 2010, to remain 

5 available until expended. 

6 (b) ADMINISTRATIVE EXPENSES.—Not more than 5 

7 percent of the amount appropriated under subsection (a) 

8 for a fiscal year shall be used for administrative expenses 

9 of the Authority. 

10 SEC. 15. TERMINATION OF AUTHORITY. 

11 This Act shall have no force or effect on or after Oc12 tober 1, 2010. 

13 SEC. 16. AREA COVERED BY SOUTHEAST CRESCENT AU14 THORITY. 

15 SouthEast Crescent Authority region shall include all 

16 parts of the States of Virginia, North Carolina, South 

17 Carolina, Georgia, Alabama, Mississippi, and Florida that 

18 are not eligible for assistance from the Appalachian Re19 gional Commission or the Delta Regional Authority. 

Æ