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sultation with the Council on Environmental
Quality. Such regulations shall—
‘‘(i) specify any other provisions of
law which further the purposes of the Na-
tional Environmental Policy Act of 1969
and to which the assumption of respon-
sibility as provided in this subsection ap-
plies;
‘‘(ii) provide eligibility criteria and
procedures for the designation of a State,
unit of general local government, or Indian
tribe to assume all of the responsibilities in
this section;
‘‘(iii) specify the purposes for which
funds may be committed without regard to
the procedure established under paragraph
(3);
‘‘(iv) provide for monitoring of the
performance 
of 
environmental 
reviews
under this subsection;
‘‘(v) in the discretion of the Secretary,
provide for the provision or facilitation of
training for such performance; and
‘‘(vi) subject to the discretion of the
Secretary, provide for suspension or termi-
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nation by the Secretary of the assumption
under subparagraph (A).
‘‘(C) RESPONSIBILITIES OF STATE, UNIT
OF GENERAL LOCAL GOVERNMENT, OR INDIAN
TRIBE.—The Secretary’s duty under subpara-
graph (B) shall not be construed to limit any
responsibility assumed by a State, unit of gen-
eral local government, or Indian tribe with re-
spect to any particular release of funds under
subparagraph (A).
‘‘(3) PROCEDURE.—The Secretary shall ap-
prove the release of funds for projects subject to the
procedures authorized by this subsection only if, not
less than 15 days prior to such approval and prior
to any commitment of funds to such projects (except
for such purposes specified in the regulations issued
under paragraph (2)(B)), the recipient submits to
the Secretary a request for such release accompanied
by a certification of the State, unit of general local
government, or Indian tribe which meets the require-
ments of paragraph (4). The approval by the Sec-
retary of any such certification shall be deemed to
satisfy the Secretary’s responsibilities pursuant to
paragraph (1) under the National Environmental
Policy Act of 1969 and such other provisions of law
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as the regulations of the Secretary specify insofar as
those responsibilities relate to the release of funds
for projects to be carried out pursuant thereto which
are covered by such certification.
‘‘(4) CERTIFICATION.—A certification under the
procedures authorized by this subsection shall—
‘‘(A) be in a form acceptable to the Sec-
retary;
‘‘(B) be executed by the chief executive of-
ficer or other officer of the State, unit of gen-
eral local government, or Indian tribe who
qualifies under regulations of the Secretary;
‘‘(C) specify that the State, unit of general
local government, or Indian tribe under this
subsection has fully carried out its responsibil-
ities as described under paragraph (2); and
‘‘(D) specify that the certifying officer—
‘‘(i) consents to assume the status of
a responsible Federal official under the
National Environmental Policy Act of
1969 and each provision of law specified in
regulations issued by the Secretary insofar
as the provisions of such Act or other such
provision of law apply pursuant to para-
graph (2); and
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‘‘(ii) is authorized and consents on be-
half of the State, unit of general local gov-
ernment, or Indian tribe and himself or
herself to accept the jurisdiction of the
Federal courts for the purpose of enforce-
ment of the responsibilities as such an offi-
cial.
‘‘(5) APPROVAL BY STATES.—In cases in which
a unit of general local government carries out the re-
sponsibilities described in paragraph (2), the Sec-
retary may permit the State to perform those ac-
tions of the Secretary described in paragraph (3).
The performance of such actions by the State, where
permitted, shall be deemed to satisfy the responsibil-
ities referred to in the second sentence of paragraph
(3).’’.
SEC. 4. PERFORMANCE MEASUREMENT AND EVALUATION;
GRANT ADJUSTMENTS.
Section 2007 of the Social Security Act (42 U.S.C.
1397f), as amended by section 4, is further amended by
adding after subsection (f) the following new subsection:
‘‘(g) PERFORMANCE MEASUREMENT SYSTEM, RE-
PORTS, AND EVALUATIONS, GRANT ADJUSTMENTS, AND
RELATED MATTERS.—
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‘‘(1) APPLICABILITY.—The requirements of this
subsection—
‘‘(A) apply to all grants made by a State,
from grants to the State under subsection
(a)(2)(C), to lead implementing entities (as de-
fined in paragraph (7)) for empowerment zones
designated pursuant to section 1391(g) of the
Internal Revenue Code of 1986 (26 U.S.C.
1391(g)); and
‘‘(B) are in addition to the annual report
and biennial audit requirements applicable to
States under section 2006.
‘‘(2) PERFORMANCE MEASUREMENT SYSTEM.—
The lead implementing entity for an empowerment
zone shall establish a performance measurement sys-
tem acceptable to the Secretary to assist in assessing
the extent to which its strategic plan is being imple-
mented and funds made available under subsection
(a)(2)(C) are being used effectively.
‘‘(3) PERFORMANCE REPORT.—Each lead im-
plementing entity shall submit to the Secretary (and
make available to the public upon request), at such
time and in such manner as the Secretary shall pre-
scribe, a report including an assessment of the
progress the empowerment zone has made toward
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implementing its strategic plan, and such other in-
formation as the Secretary shall prescribe. To the
extent practicable, the report shall also include infor-
mation available to the lead implementing entity
with respect to the use of tax incentives available to
empowerment zones designated pursuant to section
1391(g) of the Internal Revenue Code of 1986.
‘‘(4) PERFORMANCE
EVALUATIONS, ADJUST-
MENTS, AND RECORDKEEPING.—
‘‘(A) PERFORMANCE
EVALUATIONS.—The
Secretary shall regularly evaluate the progress
of the lead implementing entity for the em-
powerment zone in implementing the strategic
plan for the zone, on the basis of performance
reviews and any other information that the Sec-
retary may require.
‘‘(B) ADJUSTMENTS.—On the basis of the
Secretary’s evaluation under subparagraph (A),
the Secretary may direct the Secretary of
Health and Human Services to adjust, reduce,
or cancel the grant to a State under subsection
(a)(2)(C) for the current or any future fiscal
year or years, except that amounts already
properly expended by a lead implementing en-
tity on eligible activities under this Act shall