240
HR 2068 RFS
(3) keep accurate and complete records of its doings and trans-
actions which shall be made available for—
(A) public inspection; and
(B) audit and examination by the Comptroller General or an au-
thorized representative of the Comptroller General.
(b) AUTHORIZATIONS.—
(1) ADMINISTER OATHS.—A Cochairman of the Commission, or any
member of the Commission designated by the Commission, may admin-
ister oaths when the Commission decides that testimony shall be taken
or evidence received under oath.
(2) FURNISH INFORMATION.—The head of any federal, state, or local
department or agency, to the extent not otherwise prohibited by law,
may carry out section (a)(2).
(c) PUBLIC PARTICIPATION.—Public participation in the development, re-
vision, and implementation of all plans and programs under this subtitle by
the Commission, any State, or any local development district shall be pro-
vided for, encouraged, and assisted. The Commission shall develop and pub-
lish regulations specifying minimum guidelines for public participation, in-
cluding public hearings.
§ 14309. Personal financial interests
(a) CONFLICT OF INTEREST.—
(1) NO ROLE ALLOWED.—Except as permitted by paragraph (2), an
individual who is a state member or alternate, or an officer or employee
of the Appalachian Regional Commission, shall not participate person-
ally and substantially as a member, alternate, officer, or employee in
any way in any particular matter in which, to the individual’s knowl-
edge, any of the following has a financial interest:
(A) the individual.
(B) the individual’s spouse, minor child, or partner.
(C) an organization (except a State or political subdivision of
a State) in which the individual is serving as an officer, director,
trustee, partner, or employee.
(D) any person or organization with whom the individual—
(i) is serving as an officer, director, trustee, partner, or em-
ployee; or
(ii) is negotiating or has any arrangement concerning pro-
spective employment.
(2) EXCEPTION.—Paragraph (1) does not apply if the individual
first advises the Commission of the nature and circumstances of the
particular matter and makes full disclosure of the financial interest and
receives in advance a written decision of the Commission that the inter-
241
HR 2068 RFS
est is not so substantial as to be considered likely to affect the integrity
of the services which the Commission may expect from the individual.
(3) CRIMINAL
PENALTY.—An individual violating this subsection
shall be fined under title 18, imprisoned for not more than two years,
or both.
(b) ADDITIONAL SOURCES OF SALARY DISALLOWED.—
(1) STATE MEMBER OR ALTERNATE.—A state member or alternate
may not receive any salary, or any contribution to, or supplementation
of, salary, for services on the Commission from a source other than the
State of the member or alternate.
(2) INDIVIDUALS DETAILED TO COMMISSION.—An individual detailed
to serve the Commission under section 14306(a)(4) of this title may
not receive any salary, or any contribution to, or supplementation of,
salary, for services on the Commission from a source other than the
state, local, or intergovernmental department or agency from which the
individual was detailed or from the Commission.
(3) CRIMINAL
PENALTY.—An individual violating this subsection
shall be fined under title 18, imprisoned for not more than one year,
or both.
(c) FEDERAL COCHAIRMAN, ALTERNATE TO FEDERAL COCHAIRMAN, AND
FEDERAL OFFICERS AND EMPLOYEES.—The Federal Cochairman, the al-
ternate to the Federal Cochairman, and any federal officer or employee de-
tailed to duty with the Commission under section 14306(a)(3) of this title
are not subject to this section but remain subject to sections 202–209 of
title 18.
(d) RESCISSION.—The Commission may declare void and rescind any con-
tract, loan, or grant of or by the Commission in relation to which it finds
that there has been a violation of subsection (a)(1) or (b) of this section
or any of the provisions of sections 202–209 of title 18.
§ 14310. Annual report
Not later than six months after the close of each fiscal year, the Appa-
lachian Regional Commission shall prepare and submit to the Governor of
each State in the Appalachian region and to the President, for transmittal
to Congress, a report on the activities carried out under this subtitle during
the fiscal year.
SUBCHAPTER II—FINANCIAL ASSISTANCE
§ 14321. Grants and other assistance
(a) AUTHORIZATION TO MAKE GRANTS.—
(1) IN GENERAL.—The Appalachian Regional Commission may make
grants—
242
HR 2068 RFS
(A) for administrative expenses, including the development of
areawide plans or action programs and technical assistance activi-
ties, of local development districts, but—
(i) the amount of a grant shall not exceed 50 percent of
administrative expenses or, at the discretion of the Commis-
sion, 75 percent of administrative expenses if the grant is to
a local development district that has a charter or authority
that includes the economic development of a county or part
of a county for which a distressed county designation is in ef-
fect under section 14526 of this title;
(ii) grants for administrative expenses shall not be made
for a state agency certified as a local development district for
a period of more than three years beginning on the date the
initial grant is made for the development district; and
(iii) the local development district contributions for admin-
istrative expenses may be in cash or in kind, fairly evaluated,
including space, equipment, and services;
(B) for assistance to States for a period of not more than two
years to strengthen the state development planning process for the
Appalachian region and the coordination of state planning under
this subtitle, the Public Works and Economic Development Act of
1965 (42 U.S.C. 3121 et seq.), and other federal and state pro-
grams; and
(C) for investigation, research, studies, evaluations, and assess-
ments of needs, potentials, or attainments of the people of the re-
gion, technical assistance, training programs, demonstrations, and
the construction of necessary facilities incident to those activities,
which will further the purposes of this subtitle.
(2) LIMITATION ON AVAILABLE AMOUNTS.—
(A) IN GENERAL.—Except as provided in subparagraph (B), not
more than 50 percent (or 80 percent in the case of a project to
be carried out in a county for which a distressed county designa-
tion is in effect under section 14526 of this title) of the cost of
any activity eligible for financial assistance under this section may
be provided from amounts appropriated to carry out this subtitle.
(B) DISCRETIONARY GRANTS.—
(i) GRANTS TO WHICH PERCENTAGE LIMITATION DOESN’T
APPLY.—Discretionary grants made by the Commission to
implement significant regional initiatives, to take advantage
of special development opportunities, or to respond to emer-
gency economic distress in the region may be made without
243
HR 2068 RFS
regard to the percentage limitations specified in subparagraph
(A).
(ii) LIMITATION ON AGGREGATE AMOUNT.—For each fiscal
year, the aggregate amount of discretionary grants referred
to in clause (i) shall not be more than 10 percent of the
amount appropriated under section 14703 of this title for the
fiscal year.
(3) SOURCES OF GRANTS.—Grant amounts may be provided entirely
from appropriations to carry out this section, in combination with
amounts available under other federal or federal grant programs, or
from any other source.
(4) FEDERAL SHARE.—Notwithstanding any law limiting the federal
share in any other federal or federal grant program, amounts appro-
priated to carry out this section may be used to increase that federal
share, as the Commission decides is appropriate.
(b) ASSISTANCE
FOR DEMONSTRATIONS
OF ENTERPRISE DEVELOP-
MENT.—
(1) IN GENERAL.—The Commission may provide assistance under
this section for demonstrations of enterprise development, including site
acquisition or development where necessary for the feasibility of the
project, in connection with the development of the region’s energy re-
sources and the development and stimulation of indigenous arts and
crafts of the region.
(2) COOPERATION BY FEDERAL AGENCIES.—In carrying out the pur-
poses of this subtitle and in implementing this section, the Secretary
of Energy, the Environmental Protection Agency, and other federal
agencies shall cooperate with the Commission and shall provide assist-
ance that the Federal Cochairman may request.
(3) AVAILABLE AMOUNTS.—In any fiscal year, not more than—
(A) $3,000,000 shall be obligated for energy resource related
demonstrations; and
(B) $2,500,000 shall be obligated for indigenous arts and crafts
demonstrations.
(c) RECORDS.—
(1) COMMISSION.—The Commission, as required by the President,
shall maintain accurate and complete records of transactions and ac-
tivities financed with federal amounts and report to the President on
the transactions and activities. The records of the Commission with re-
spect to grants are available for audit by the President and the Comp-
troller General.