I
103D CONGRESS
2D SESSION
H. R. 3901
To establish a Southern Rural Development Commission.
IN THE HOUSE OF REPRESENTATIVES
FEBRUARY 24, 1994
Mr. HILLIARD (for himself and Ms. MCKINNEY) introduced the following bill;
which was referred jointly to the Committees on Public Works and Trans-
portation, Energy and Commerce, Education and Labor, and Agriculture
A BILL
To establish a Southern Rural Development Commission.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Southern Rural Devel-
opment Commission Act’’.
SEC. 2. FINDINGS AND PURPOSE.
(a) FINDINGS.—The Congress finds that—
(1) parts of the Southern United States, bor-
dering the Mississippi Delta or located in the tradi-
tional Old South region, have not shared properly in
the Nation’s prosperity; and
(2) in parts of the Southern United States, eco-
nomic growth, education, and the means to achieve
the American dream are often not obtainable.
(b) PURPOSE.—It is the purpose of this Act—
(1) to assist the regions described in subsection
(a) in meeting their special problems;
(2) to promote the human and economic devel-
opment of small rural communities located in the re-
gions described in subsection (a); and
(3) to establish a Southern Rural Development
Commission to supply the regions described in sub-
section (a) with the common facilities necessary to
stimulate the growth of the regions and meet their
common needs.
SEC. 3. ESTABLISHMENT.
There is established a commission to be known as the
Southern Rural Development Commission.
SEC. 4. MEMBERSHIP.
(a) MEMBERS.—
(1) NUMBER.—The Commission shall be com-
posed of 21 members, including 20 voting members
and 1 counsel.
(2) VOTING MEMBERS.—
(A) REPRESENTATION
OF
STATES.—The
20 voting members shall be residents of the
States and counties specified in sections 5(b),
5(c), and 5(d). 2 residents of each State listed
in section 5(b) shall be appointed to the Com-
mission. Not more than 1 individual who re-
sides in a particular county may be appointed
to the Commission.
(B) INITIAL APPOINTMENTS.—
(i) RECOMMENDATIONS.—Each Unit-
ed States Representative, and United
States Senator, representing a State speci-
fied in section 5(b) may recommend 1 per-
son for membership on the Commission.
(ii) APPOINTMENT OF 1 PERSON REC-
OMMENDED BY EACH HOUSE.—Of the 2
Commission members from each State
specified in section 5(b), the President
shall appoint 1 from among the persons
recommended by the State’s delegation to
the United States House of Representa-
tives, and 1 from among the persons rec-
ommended by the State’s delegation to the
United States Senate.
(iii) 
ADDITIONAL
RECOMMENDA-
TIONS.—If the President chooses not to
appoint any of the persons originally rec-
ommended by a State’s delegation to 1
House of Congress, the President may re-
quest 1 additional recommendation from
each member of the State’s delegation to
such House, and the process of rec-
ommendations may continue until an ap-
pointment is made.
(C) APPOINTMENTS TO FILL VACANCIES.—
(i) IN
GENERAL.—A vacancy in a
State’s 2-member delegation to the Com-
mission shall be filled in the manner de-
scribed in subparagraph (B), except as
specified in clause (ii).
(ii) APPOINTMENT OF PERSON REC-
OMMENDED BY 1 HOUSE.—The President
shall appoint to fill a vacancy in a State’s
delegation to the Commission 1 person
among the persons recommended by the
State’s delegates to whichever House of
Congress had the initial right to rec-
ommend the member whose departure cre-
ates the vacancy.
(D) ALTERNATIVE METHOD OF APPOINT-
MENT.—
cancy a person from among the persons
recommended by the Governor.
(3) COUNSEL.—
(A) APPOINTMENT.—1 member who does
not reside in any of the States specified in sec-
tion 5(b) shall be appointed by the President to
be the Counsel, and the representative of the
Federal Government, on the Commission.
(B) DUTIES.—The Counsel shall act as
legal counsel to the Commission and as liaison
between the Commission and the President.
The Counsel shall review grant applications
submitted to the Commission, give the Commis-
sion legal advice relating to the applications,
and attend the meetings of the Commission.
(C) PAY.—Initially, the 1st person to serve
as Counsel shall be paid the amount the Presi-
dent determines to be necessary. The amount of
the Counsel’s salary may be adjusted by the
Commission not more than once a year, and not
sooner than 12 months after the President sets
the initial salary of the 1st Counsel.
(D) LACK OF VOTING POWER.—The Coun-
sel may not participate in any vote taken by the
Commission, and may not serve as chairperson.
(E) REVIEW.—The Commission shall re-
view the performance of the Counsel every 4
years, beginning 4 years after the appointment
of the 1st Counsel, at a semiannual meeting of
the Commission. The Commission may remove
the Counsel by a vote of 4⁄5 of the voting mem-
bers present. An appointment to fill a vacancy
in the Counsel’s position shall be made in the
same manner as the appointment of the 1st
Counsel.
(4) TIMING OF APPOINTMENTS.—The appoint-
ments of the initial members shall be made not more
than 90 days after the date of the enactment of this
Act. An appointment to fill any other vacancy on the
Commission, including a vacancy in the Counsel’s
position, shall be made not later than 30 days after
the vacancy occurs.
(5) CHAIRPERSON.—The chairperson shall be
the more senior member (the member who has
served longer on the Commission) of each State’s
delegation in turn, with each State taking its turn
in alphabetical order. The chairperson shall serve a
1-year term. For the 1st year of the Commission,
the chair shall be held jointly by the 2 members rep-
resenting the State that is the 1st alphabetically of
the States specified in section 5(b).
(6) QUORUM.—11 voting members of the Com-
mission shall constitute a quorum.
(b) TERMS OF SERVICE.—
(1) IN GENERAL.—Except as provided in this
subsection, each voting member shall be appointed
for a term of 4 years. A member may serve after the
expiration of the member’s term until a successor is
appointed.
(2) TERMS OF INITIAL APPOINTEES.—For each
State, the initial member who was recommended by
a Member of the House of Representatives shall
serve a 2 year term. If neither of the initial members
from a State was recommended by a Member of the
House of Representatives, or if both were, the Presi-
dent shall designate at the time of appointment
which of the members 1st appointed to the Commis-
sion from the State is appointed for a term of 2
years.
(3) APPOINTMENT
TO
COMPLETE
ANOTHER’S
TERM.—A member appointed to fill a vacancy occur-
ring before the expiration of the term for which the
member’s predecessor was appointed shall be ap-
pointed in the manner described in subsection
(a)(2)(C), but shall serve only for the remainder of
the predecessor’s term.
(4) CONSECUTIVE TERMS.—A person shall not
be appointed to serve 2 consecutive terms as a mem-
ber. For purposes of this paragraph, appointment to
complete another’s term under paragraph (3) shall
not be considered to be an appointment to a term.
(c) COMPENSATION.—
(1) PAY.—Voting members shall serve without
pay.
(2) TRAVEL
EXPENSES.—While away from
their homes or regular places of business in the per-
formance of the duties of the Commission, members
shall be allowed travel expenses in the same manner
that persons employed intermittently in Government
service are allowed travel expenses under section
5703 of title 5, United States Code.
SEC. 5. AUTHORITY TO MAKE GRANTS.
(a) AUTHORITY.—The Commission may make grants
to the counties specified in subsections (c) and (d) in order
to wholly or partially fund projects that will achieve 1 or
more of the following purposes:
(1) Human resource development, education,
and job training.
(2) Provision of health care services and facili-
ties, and social services, for underserved commu-
nities.
(3) Planning and development regarding the en-
vironment and natural resources, including but not
limited to conservation, land stabilization, and ero-
sion control.
(4) Development of transportation facilities and
services, including development of highway systems.
(5) Establishment of rural cooperatives.
(6) Water and sewer resource surveys.
(7) Assessment of the needs of rural commu-
nities, including needs relating to the subjects of
paragraphs (1) through (6), and development of pro-
grams to meet such needs.
(b) STATES CONTAINING ELIGIBLE COUNTIES AND
HAVING
REPRESENTATIVES
ON
COMMISSION.—The
States that contain counties eligible for grants under sub-
section (a), and will have representatives on the Commis-
sion, are Alabama, Arkansas, Florida, Georgia, Louisiana,
Mississippi, North Carolina, South Carolina, Tennessee,
and Virginia.
(c) ELIGIBLE COUNTIES.—The following counties
may apply, alone or in cooperation with 1 or more other
counties referred to in this subsection, for grants under
subsection (a):
(1) ALABAMA
COUNTIES.—Barbour, Bullock,
Butler, Choctaw, Clarke, Conecuh, Dallas, Greene,
Hale, Henry, Lowndes, Macon, Marengo, Perry,
Pickens, Pike, Sumter, and Wilcox Counties in the
State of Alabama.
(2) ARKANSAS COUNTIES.—Chicot, Crittenden,
Desha, Fulton, Jackson, Jefferson, Lafayette, Law-
rence, Lee, Lincoln, Mississippi, Monroe, Newton,
Phillips, Poinsett, Searcy, Stone, St. Francis, and
Woodruff Counties in the State of Arkansas.
(3) FLORIDA
COUNTIES.—Franklin, Gadsden,
Hamilton, and Madison Counties in the State of
Florida.
(4) GEORGIA
COUNTIES.—Atkinson, Bulloch,
Brooks, Burke, Calhoun, Clarke, Clay, Clinch, Crisp,
Decatur, Dooly, Early, Emanuel, Evans, Greene,
Hancock, Irwin, Jefferson, Jenkins, Lanier, Macon,
Marion, Mitchell, Quitman, Randolph, Seminole,
Stewart, 
Taliaferro, 
Taylor, 
Telfair, 
Terrell,
Treutlen, Turner, Twiggs, Warren, Wheeler, Wilcox,
and Worth Counties in the State of Georgia.
(5) LOUISIANA PARISHES.—Acadia, Allen, As-
sumption, Avoyelles, Bienville, Caldwell, Catahoula,
Claiborne, Concordia, De Soto, East Carroll, East
Feliciana, Evangeline, Franklin, Grant, Iberville,
Jefferson Davis, Lincoln, Madison, Morehouse,
Natchitoches, Pointe Coupee, Red River, Richland,
Sabine, St. Helena, St. James, St. Landry, St. Mar-
tin, St. Mary, Tangipahoa, Tensas, Vermilion,
Washington, Webster, West Carroll, West Feliciana,
and Winn Parishes in the State of Louisiana.
(6) MISSISSIPPI
COUNTIES.—Adams, Amite,
Attala, Benton, Bolivar, Calhoun, Carroll, Choctaw,
Claiborne, Clay, Coahoma, Copiah, Covington,
DeSoto, Forrest, Franklin, Greene, Holmes, Hum-
phreys, Issaquena, Jasper, Jefferson, Jefferson
Davis, 
Kemper, 
Lafayette, 
Lawrence, 
Leake,
Leflore, Marion, Marshall, Montgomery, Noxubee,
Oktibbeha, Panola, Pike, Perry, Quitman, Scott,
Sharkey, Stone, Sunflower, Tallahatchie, Tunica,
Walthall, Washington, Wayne, Wilkinson, Winston,
Yalobusha, and Yazoo Counties in the State of Mis-
sissippi.
(7) NORTH CAROLINA COUNTIES.—Bertie, Hali-
fax, Hertford, Swain, Tyrrell, and Warren Counties
in the State of North Carolina.
(8) SOUTH
CAROLINA
COUNTIES.—Allendale,
Bamberg, Clarendon, Dillon, Hampton, Jasper, Lee,
Marion, Marlboro, and Williamsburg Counties in the
State of South Carolina.
(9) TENNESSEE
COUNTIES.—Campbell, Clai-
borne, Cocke, Fentress, Hancock, Haywood, John-
son, Lake, and Scott Counties in the State of Ten-
nessee.
(10) VIRGINIA
COUNTIES.—Dickenson, Lee,
Northampton, Norton City, and Radford Counties in
the State of Virginia.
(d) ADDITIONAL COUNTIES.—A county not specified
in subsection (c) shall be eligible to obtain a grant under
this Act if—
(1) 25 percent or more of the legal residents of
the county are below the Federal poverty line;
(2) the county is rural, as defined by the Com-
mission;
(3) the county is located in a State referred to
in subsection (b);
(4) the county submits a letter to the Commis-
sion requesting that the county be considered eligible
to receive grants under this Act, and the Commis-
sion receives the letter at least 14 days before the
next semiannual meeting of the Commission; and
(5) the Commission fails to disapprove the
county’s eligibility, by a vote of 4⁄5 of the voting
members present, at the semiannual meeting of the
Commission that follows the date on which the Com-
mission receives the letter required by paragraph
(4).
(e) REMOVAL OF ELIGIBILITY.—At any time, a vote
of 4⁄5 of the voting members may make a county ineligible
to submit applications for grants under subsection (a).
(f) APPLICATIONS.—To apply for a grant from the
Commission, a county, or 2 or more counties acting to-
gether, shall submit to the Commission an application in
the form and manner required by the Commission. Each
application shall contain—
(1) a description of the purpose of the project
for which the grant is sought;
(2) the amount of the grant requested by the
county;
(3) information demonstrating the need for the
proposed project in the county;
(4) the extent to which the project will address
the need; and
(5) any other information and assurances the
Commission may require.
(g) CRITERIA.—
(1) NEED.—In awarding grants, the Commis-
sion shall give priority to the applicants that dem-
onstrate the most urgent need for the proposed
project. If 2 or more applicants demonstrate the
same degree of need, the grant shall be awarded to
the applicant that filed its application first.
(2) COMMUNITY DEVELOPMENT.—The Commis-
sion shall next consider the extent to which the pro-
posed project aids community development by mak-
ing the affected community more self-reliant.
(3) ADDITIONAL
CRITERIA.—The Commission
shall also consider additional criteria, including the
per capita income, poverty, and population of the
county that will be benefited by the project, the pur-
pose of the project, and the extent to which the
project will fill the need it is meant to address.
SEC. 6. CONDUCT OF COMMISSION BUSINESS.
(a) MEETINGS.—The Commission shall meet in
March and September of each year, in Washington, D.C.,
and members shall attend the meetings. The Commission
may hold additional meetings that are necessary to ad-
dress emergency situations, but it shall not hold more than
2 additional meetings per year.
(b) VOTES.—
(1) NEED FOR QUORUM.—A quorum shall be
required before a vote may be taken.
(2) OFFICIAL ACTIONS.—No official actions of
the Commission may be taken without the approval,
by vote, of 3⁄5 of the voting members present.
(2) CALCULATION.—If the number of voting
members present does not divide evenly by 5, the
number which constitutes 3⁄5 of the voting members
present shall be determined by dividing the number
of voting members who are present by 5, multiplying
by 3, and rounding up to the nearest whole number.
(c) BYLAWS.—The Commission may make bylaws,
rules, and regulations that are consistent with this Act,
and that the Commission decides are necessary to carry
out its responsibilities under this Act.
(d) OFFICE.—The Commission shall maintain its of-
fice in Washington, D.C.
(e) MAILS.—The Commission may use the United
States mails in the same manner and under the same con-
ditions as other Federal agencies.
SEC. 7. STAFF AND SUPPORT SERVICES.
(a) ADMINISTRATIVE STAFF.—
(1) IN GENERAL.—Subject to the procedures
and approval of the Commission, administrative staff
shall be hired and paid to perform duties necessary
to implement the policies of this Act.
(2) NUMBER AND TYPE OF EMPLOYEES.—The
Commission may not hire more permanent employ-
ees than are necessary to assist in the regular busi-
ness of the Commission. The Commission may hire
nonpermanent employees as necessary. Cumulatively,
the Commission may not hire more than 25 employ-
ees.
(3) CHIEF OF STAFF.—Appointment and deter-
mination of the salary of the Chief of Staff shall re-
quire a vote of the Commission. The Chief of Staff,
with the approval of the Commission, may hire and
determine the initial salaries of the remaining Com-
mission employees.
(b) STAFF OF FEDERAL AGENCIES.—At the request
of the Commission, the head of any Federal agency may
detail any of the personnel of the agency to the Commis-
sion to assist the Commission to implement the policies
of this Act.
(c) EXPERTS AND CONSULTANTS.—The Commission
may procure temporary or intermittent services of experts
and consultants under section 3109(b) of title 5, United
States Code.
(d) ADMINISTRATIVE SUPPORT SERVICES.—At the
request of the Commission, the head of a Federal agency,
including the General Services Administration, may make