assigns any note, debenture, bond, or other obliga-
tion, or draft, bill of exchange, mortgage, judgment,
or decree thereof;
‘‘(3) with intent to defraud, participates or
shares in or receives directly or indirectly any
money, profit, property, or benefit through any
transaction, loan, grant, commission, contract, or
any other act of the Secretary or a Regional Com-
mission; or
‘‘(4) gives any unauthorized information con-
cerning any future action or plan of the Secretary
or a Regional Commission which might affect the
value of securities, or having such knowledge invests
or speculates, directly or indirectly, in the securities
or property of any company or corporation receiving
loans, grants, or other assistance from the Secretary
or a Regional Commission,
shall be fined under title 18, United States Code, impris-
oned for not more than 5 years, or both.
‘‘SEC. 710. EMPLOYMENT OF EXPEDITERS AND ADMINIS-
TRATIVE EMPLOYEES.
‘‘No financial assistance shall be extended by a Re-
gional Commission under this Act to any business enter-
prise unless the owners, partners, or officers of such busi-
ness enterprise—
‘‘(1) certify to the Regional Commission the
names of any attorneys, agents, and other persons
engaged by or on behalf of such business enterprise
for the purpose of expediting applications made to
the Regional Commission for assistance of any sort,
under this Act, and the fees paid or to be paid to
any such person; and
‘‘(2) execute an agreement binding such busi-
ness enterprise, for a period of 2 years after such
assistance is rendered by the Regional Commission
to such business enterprise, to refrain from employ-
ing, tendering any office or employment to, or re-
taining for professional services, any person who, on
the date such assistance or any part thereof was
rendered, or within the 1-year period ending on such
date, shall have served as an officer, attorney, agent,
or employee, occupying a position or engaging in ac-
tivities which the Regional Commission determines
involves discretion with respect to the granting of
assistance under this Act.
‘‘SEC. 711. PERSONAL FINANCIAL INTERESTS.
‘‘(a) IN GENERAL.—Except as permitted by sub-
section (b), no State member or alternate and no officer
or employee of a Regional Commission shall participate
personally and substantially as member, alternate, officer,
or employee, through decision, approval, disapproval, rec-
ommendation, the rendering of advice, investigation, or
otherwise, in any proceeding, application, request for a
ruling or other determination, contract, claim, con-
troversy, or other particular matter in which, to the indi-
vidual’s knowledge, the individual, the individual’s spouse,
minor child, partner, organization (other than a State or
political subdivision thereof) in which the individual is
serving as officer, director, trustee, partner, or employee,
or any person or organization with whom the individual
is serving as officer, director, trustee, partner, or em-
ployee, or any person or organization with whom the indi-
vidual is negotiating or has any arrangement concerning
prospective employment, has a financial interest. Any indi-
vidual who shall violate the provisions of this subsection
shall be fined under title 18, United States Code, impris-
oned for not more than 2 years, or both.
‘‘(b) EXCEPTION.—Subsection (a) shall not apply if
the State member, alternate, officer, or employee first ad-
vises the Regional Commission of the nature and cir-
cumstances of the proceeding, application, request for a
ruling or other determination, contract, claim, con-
troversy, or other particular matter and makes full disclo-
sure of the financial interest and receives in advance a
written determination made by the Regional Commission
that the interest is not so substantial as to be deemed like-
ly to affect the integrity of the services which the Regional
Commission may expect from such State member, alter-
nate, officer, or employee.
‘‘(c) SALARIES.—No State member or alternate of a
Regional Commission shall receive any salary, or any con-
tribution to or supplementation of salary for the individ-
ual’s services on the Regional Commission from any
source other than the State of the individual. No individ-
ual detailed to serve the Regional Commission under au-
thority of section 104 shall receive any salary or any con-
tribution to or supplementation of salary for the individ-
ual’s services on the Regional Commission from any
source other than the State, local, or intergovernmental
department or agency from which he was detailed or from
the Regional Commission. Any individual who shall violate
the provisions of this subsection shall be fined under title
18, United States Code, imprisoned for not more than 1
year, or both.
‘‘(d) NONAPPLICABILITY TO FEDERAL OFFICIALS.—
Notwithstanding any other provision of this section, the
Secretary (or the Secretary’s designee on a Regional Re-
gional Commission) and any Federal officers or employees
detailed to duty with a Regional Commission pursuant to
section 104 shall not be subject to such provisions but
shall remain subject to sections 202 through 209 of title
18, United States Code.
‘‘(e) AUTHORITY TO RESCIND CERTAIN AGREE-
MENTS.—A Regional Commission may, in the Regional
Commission’s discretion, declare void and rescind any
agreement to extend financial assistance under this Act
entered into by the Regional Commission in relation to
which the Regional Commission finds that there has been
a violation of subsection (a) or (c) of this section or any
of the provisions of sections 202 through 209 of title 18,
United States Code.
‘‘SEC. 712. MAINTENANCE OF RECORDS OF APPROVED AP-
PLICATIONS FOR FINANCIAL ASSISTANCE;
PUBLIC INSPECTION.
‘‘(a) MAINTENANCE OF RECORD REQUIRED.—The
Secretary shall maintain as a permanent part of the
records of the Department of Commerce a list of applica-
tions approved for financial assistance under this Act,
which shall be kept available for public inspection during
the regular business hours of the Department of Com-
merce.
‘‘(b) POSTING TO LIST.—The following information
shall be posted in such list as soon as each application
is approved:
‘‘(1) The name of the applicant and, in the case
of corporate applications, the names of the officers
and directors thereof.
‘‘(2) The amount and duration of the financial
assistance for which application is made.
‘‘(3) The purposes for which the proceeds of the
financial assistance are to be used.
‘‘SEC. 713. RECORDS AND AUDIT.
‘‘(a) RECORDKEEPING AND DISCLOSURE REQUIRE-
MENTS.—Each recipient of assistance under this Act shall
keep such records as the Secretary shall prescribe, includ-
ing records which fully disclose the amount and the dis-
position by such recipient of the proceeds of such assist-
ance, the total cost of the project or undertaking in con-
nection with which such assistance is given or used, and
the amount and nature of that portion of the cost of the
project or undertaking supplied by other sources, and such
other records as will facilitate an effective audit.
‘‘(b) ACCESS
TO BOOKS
FOR EXAMINATION
AND
AUDIT.—The Secretary and the Comptroller General of
the United States, or any of their duly authorized rep-
resentatives, shall have access for the purpose of audit and
examination to any books, documents, papers, and records
of the recipient that are pertinent to assistance received
under this Act.
‘‘SEC. 714. PROHIBITION AGAINST A STATUTORY CON-
STRUCTION WHICH MIGHT CAUSE DIMINU-
TION IN OTHER FEDERAL ASSISTANCE.
‘‘All financial and technical assistance authorized
under this Act shall be in addition to any Federal assist-
ance previously authorized, and no provision of this Act
shall be construed as authorizing or permitting any reduc-
tion or diminution in the proportional amount of Federal
assistance to which any State or other entity eligible under
this Act would otherwise be entitled under the provisions
of any other Act.
‘‘SEC. 715. ACCEPTANCE OF APPLICANTS’ CERTIFICATIONS.
‘‘A Regional Commission may accept, when deemed
appropriate, the applicants’ certifications to meet the re-
quirements of this Act.
‘‘TITLE VIII—FUNDING
‘‘SEC. 801. AUTHORIZATION OF APPROPRIATIONS
‘‘There is authorized to be appropriated to carry out
this Act $340,000,000 per fiscal year for each of fiscal
years 1996, 1997, 1998, 1999, and 2000. Such sums shall
remain available until expended.
‘‘SEC. 802. DEFENSE CONVERSION ACTIVITIES.
‘‘In addition to the appropriations authorized by sec-
tion 801, there are authorized to be appropriated to carry
out this Act such sums as may be necessary to provide
assistance for defense conversion activities. Such funding
may include pilot projects for privatization and economic
development activities for closed or realigned military in-
stallations. Such sums shall remain available until ex-
pended.’’.
TITLE II—APPALACHIAN
REGIONAL DEVELOPMENT
SEC. 201. AMENDMENT OF APPALACHIAN REGIONAL DE-
VELOPMENT ACT OF 1965.
Except as otherwise expressly provided, whenever in
this Act an amendment or repeal is expressed in terms
of an amendment to, or repeal of, a section or other provi-
sion, the reference shall be considered to be made to a
section or other provision of the Appalachian Regional De-
velopment Act of 1965 (40 U.S.C. App. 1 et seq.).
SEC. 202. FINDINGS AND PURPOSES.
Section 2 (40 U.S.C. App. 2) is amended by adding
at the end the following:
‘‘(c) 1995 FINDINGS AND PURPOSES.—The Congress
further finds and declares that, while substantial progress
has been made in fulfilling many of the objectives of this
Act, rapidly changing national and global economies over
the past decade have created new problems and challenges
for rural areas throughout the Nation and especially for
the Appalachian region. It is, therefore, also the purpose
of this Act to assist the region in providing the infrastruc-
ture necessary for economic and human resource develop-
ment, in developing its industry, in building entrepreneur-
ial communities, in generating a diversified regional econ-
omy, and in making its industrial and commercial re-
sources more competitive in national and world markets.
It is further the purpose of this Act to provide a frame-
work for coordinating Federal, State, and local initiatives
to respond to the economic competitive challenge through
improving the skills of the region’s workforce, adapting
and applying new technologies for the region’s businesses,
and improving the access of the region’s businesses to the
technical and financial resources necessary to their devel-
opment. Finally, it is the purpose of this Act to address
the needs of severely and persistently distressed and un-
derdeveloped areas of the region so as to provide a fairer
opportunity for the people of the region to share the qual-
ity of life generally enjoyed by citizens across this Na-
tion.’’.
SEC. 203. MEETINGS.
(a) ANNUAL
MEETING
REQUIREMENT.—Section
101(a) (40 U.S.C. App. 101(a)) is amended by adding at
the end the following: ‘‘The Commission shall conduct at
least one meeting each year with the Federal Cochairman
and at least a majority of the State members present.’’.
(b) 
ADDITIONAL
MEETINGS
BY
ELECTRONIC
MEANS.—Section 101 (40 U.S.C. App. 101) is amended—
(1) in subsection (a), as amended by subsection
(a) of this section, by adding at the end the follow-
ing: ‘‘The Commission may conduct such additional
meetings by electronic means as the Commission
considers advisable, including meetings to decide
matters requiring an affirmative vote.’’; and
(2) in subsection (c) by striking ‘‘to be present’’
at the end of the fourth sentence.
(c) DECISIONS
REQUIRING
A
QUORUM.—Section
101(b) (40 U.S.C. App. 101(b)) is amended by striking
the third sentence and inserting the following: ‘‘No deci-
sion involving Commission policy, approval of State, re-
gional, or subregional development plans or implementing
investment programs, any modification or revision of the
Appalachian Regional Commission Code, any allocation of
funds among the State, or any designation of a distressed
county or an economically competitive county may be
made without a quorum of State members.’’.
SEC. 204. AUTHORIZATIONS FOR ADMINISTRATIVE EX-
PENSES.
Section 105(b) (40 U.S.C. App. 105(b)) is amended
to read as follows:
‘‘(b) AUTHORIZATION OF APPROPRIATIONS.—
‘‘(1) IN GENERAL.—There is authorized to be
appropriated to carry out this section $3,645,000
per fiscal year for each of fiscal years 1996 through
2000. Such sums shall remain available until ex-
pended.
‘‘(2) EXPENSES OF FEDERAL COCHAIRMAN.—
Of the amounts appropriated pursuant to paragraph
(1), not to exceed $1,245,000 per fiscal year for
each of fiscal years 1996 through 2000 shall be
available for expenses of the Federal Cochairman,
the Federal Cochairman’s alternate, and the Federal
Cochairman’s staff.’’.
SEC. 205. ADMINISTRATIVE POWERS OF COMMISSION.
(a) AUTHORITY TO LEASE.—Section 106(7) (40
U.S.C. App. 106(7)) is amended—
(1) by inserting ‘‘subject to the requirements of
the Federal Property and Administrative Services
Act of 1949,’’ after ‘‘(7)’’;
(2) by striking ‘‘notwithstanding any other pro-
vision of law,’’; and
(3) by striking ‘‘1982’’ and inserting ‘‘2000’’.
(b) AUTHORITY
TO MAINTAIN TEMPORARY OF-
FICE.—Section 106(8) (40 U.S.C. App. 106(8)) is amend-
ed by inserting ‘‘subject to the requirements of the Fed-
eral Property and Administrative Services Act of 1949,’’
after ‘‘(8)’’.
SEC. 206. HIGHWAY SYSTEM.
(a) AUTHORIZATION OF APPROPRIATIONS.—Section
201(g) (40 U.S.C. App. 201(g)) is amended to read as
follows:
‘‘(g) AUTHORIZATION OF APPROPRIATIONS.—There
is authorized to be appropriated to carry out this section
$90,000,000 per fiscal year for each of fiscal years 1996
through 2000. Such sums shall remain available until ex-
pended.’’.
(b) COST SHARING.—
(1) IN
GENERAL.—Section 201(h)(1) (40
U.S.C. App. 201(h)(1)) is amended by striking ‘‘70
per centum’’ and inserting ‘‘80 percent’’.
(2) APPLICABILITY.—The amendment made by
paragraph (1) shall apply to projects approved after
March 31, 1979.
SEC. 207. COST SHARING OF DEMONSTRATION HEALTH
PROJECTS.
(a) OPERATION COSTS.—Section 202(c) (40 U.S.C.
App. 202(c)) is amended in the first sentence by striking
‘‘100 per centum of the costs thereof’’ and all that follows
through the period at the end of the second sentence and
inserting ‘‘50 percent of the costs thereof (or 80 percent
of such costs in the case of a project to be carried out
in a county for which a distressed county designation is
in effect under section 226).’’.
(b) COST SHARING.—Section 202 (40 U.S.C. App.
202) is amended by adding at the end the following:
‘‘(f) MAXIMUM COMMISSION CONTRIBUTION AFTER
SEPTEMBER 30, 1995.—After September 30, 1995, not
more than 50 percent of any project cost eligible for finan-
cial assistance under this section may be provided from
funds appropriated to carry out this Act; except that such
maximum Commission contribution may be increased to
80 percent, or to the percentage of the maximum Federal
contribution authorized by this section, whichever is less,
for a project to be carried out in a county for which a
distressed county designation is in effect under section
226.’’.
SEC. 208. REPEAL OF LAND STABILIZATION, CONSERVA-
TION, AND EROSION CONTROL PROGRAM.
Section 203 (40 U.S.C. App. 203) is repealed.
SEC. 209. REPEAL OF TIMBER DEVELOPMENT PROGRAM.
Section 204 (40 U.S.C. App. 204) is repealed.
SEC. 210. REPEAL OF MINING AREA RESTORATION PRO-
GRAM.
Section 205 (40 U.S.C. App. 205) is repealed.
(b) COST SHARING.—Section 211 (40 U.S.C. App.
211) is amended by adding at the end the following:
‘‘(c) MAXIMUM COMMISSION CONTRIBUTION AFTER
SEPTEMBER 30, 1995.—After September 30, 1995, not
more than 50 percent of any project cost eligible for finan-
cial assistance under this section may be provided from
funds appropriated to carry out this Act; except that such
maximum Commission contribution may be increased to
80 percent, or to the percentage of the maximum Federal
contribution authorized by this section, whichever is less,
for a project to be carried out in a county for which a
distressed county designation is in effect under section
226.’’.
SEC. 215. SEWAGE TREATMENT WORKS PROGRAM.
Section 212 (40 U.S.C. App. 212) is repealed.
SEC. 216. REPEAL OF AMENDMENTS TO HOUSING ACT OF
1954.
Section 213 (40 U.S.C. App. 213) is repealed.
SEC. 217. SUPPLEMENTS TO FEDERAL GRANT-IN-AID PRO-
GRAMS.
(a) AVAILABILITY OF AMOUNTS.—The first sentence
of section 214(a) (40 U.S.C. App. 214(a)) is amended by
striking ‘‘the President is authorized to provide funds to
the Federal Cochairman to be used’’ and inserting ‘‘the
Federal Cochairman may use amounts made available to
carry out this section’’.
(b) COST SHARING.—Section 214(b) (40 U.S.C. App.
214(b)) is amended—
(1) by striking ‘‘(b)’’ and inserting ‘‘(b)(1)’’;
and
(2) by adding at the end the following:
‘‘(2) After September 30, 1995, not more than 50
percent of any project cost eligible for financial assistance
under this section may be provided from funds appro-
priated to carry out this Act; except that such maximum
Commission contribution may be increased to 80 percent
for a project to be carried out in a county for which a
distressed county designation is in effect under section
226.’’.
(c) FEDERAL GRANT-IN-AID PROGRAMS DEFINED.—
The first sentence of section 214(c) (40 U.S.C. App.
214(c)) is amended by striking ‘‘on or before December
31, 1980,’’.
(d) LIMITATION ON COVERED ROAD PROJECTS.—
The second sentence of section 214(c) is amended by in-
serting ‘‘authorized by title 23, United States Code’’ after
‘‘road construction’’.
SEC. 218. PROGRAM DEVELOPMENT CRITERIA.
(a) CONSIDERATIONS.—Section 224(a) (40 U.S.C.
App. 224(a)) is amended by inserting before the semicolon
at the end of paragraph (1) the following: ‘‘or in a severely
and persistently distressed and underdeveloped county or
area’’.
(b) OUTCOME MEASUREMENTS.—Section 224(a) is
further amended—
(1) by striking the period at the end of para-
graph (5) and inserting ‘‘; and’’; and
(2) by adding at the end the following:
‘‘(6) the extent to which the project design pro-
vides for detailed outcome measurements by which
grant expenditures may be justified.’’.
(c) REMOVAL OF LIMITATIONS.—Section 224(b) (40
U.S.C. App. 224(b)) is amended to read as follows:
‘‘(b) LIMITATION.—No financial assistance made
available under this Act may be used to assist establish-
ments relocating from one area to another.’’.
SEC. 219. DISTRESSED AND ECONOMICALLY COMPETITIVE
COUNTIES.
Part C of title II (40 U.S.C. App. 221–225) is
amended by adding at the end the following:
‘‘SEC. 226. DISTRESSED AND ECONOMICALLY COMPETITIVE
COUNTIES.
‘‘(a) DESIGNATIONS.—Not later than 90 days after
the effective date of the Economic Development Partner-
ship Act of 1995, and annually thereafter, the Commis-
sion, in accordance with such criteria as the Commission
may establish, shall—
‘‘(1) designate as ‘distressed counties’ those
counties in the region that are the most severely and
persistently distressed and underdeveloped; and
‘‘(2) designate as ‘economically competitive
counties’ those counties in the region which have at-
tained substantial economic parity with the rest of
the Nation.
‘‘(b) PERIOD OF EFFECTIVENESS.—In making an-
nual designations under subsection (a), the Commission
may discontinue an existing designation at the discretion
of the Commission; except that any designation of a dis-
tressed county shall remain in effect for the 3-year period
beginning on the date of the designation.
‘‘(c) FUNDING PROHIBITION
FOR PROJECTS LO-
CATED IN ECONOMICALLY COMPETITIVE COUNTIES.—
‘‘(1) IN
GENERAL.—Except as provided by
paragraph (2), no funds may be provided under this
Act for a project located in a county for which an
economically competitive county designation is in ef-
fect under this section.
‘‘(2) EXCEPTIONS.—The prohibition established
by paragraph (1) shall not apply to—
‘‘(A) projects on the Appalachian develop-
ment highway system authorized by section
201;
‘‘(B) local development district administra-
tive projects authorized by section 302(a)(1); or
‘‘(C) discretionary grants authorized by
section 302(a).’’.
SEC. 220. GRANTS FOR ADMINISTRATIVE EXPENSES AND
COMMISSION PROJECTS.
(a) AVAILABILITY OF AMOUNTS.—Section 302(a) (40
U.S.C. App. 302(a)) is amended—
(1) by striking ‘‘The President’’ and inserting
‘‘The Commission’’; and
(2) in paragraphs (1), (2), and (3) by striking
‘‘to the Commission’’ each place it appears.
(b) COST
SHARING.—Section 302(a) is further
amended—
(1) in paragraph (1) by striking ‘‘75 per cen-
tum’’ and inserting ‘‘50 percent’’; and
(2) by adding at the end the following: ‘‘After
September 30, 1995, not more than 50 percent of
the cost of any activity eligible for financial assist-
ance under this section may be provided from funds
appropriated to carry out this Act (or 80 percent of
such costs 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 226); except that dis-
cretionary grants by the Commission to implement
significant regional initiatives, to take advantage of
special development opportunities, or to respond to
emergency economic distress in the region may be
made without regard to such percentage limitations.
The aggregate amount of discretionary grants re-
ferred to in the preceding sentence in any fiscal year
shall not exceed 10 percent of the amounts appro-
priated under section 401 for such fiscal year.’’.
(c) REPEALS.—Section 302 (40 U.S.C. App. 302) is
amended—
(1) by striking paragraphs (3) and (4) of sub-
section (b);
(2) by striking subsection (d); and
(3) by striking subsection (e).
SEC. 221. AUTHORIZATION OF APPROPRIATIONS FOR GEN-
ERAL PROGRAM.
Section 401 (40 U.S.C. App. 401) is amended to read
as follows:
‘‘SEC. 401. AUTHORIZATION OF APPROPRIATIONS.
‘‘In addition to the appropriations authorized by sec-
tion 105 for administrative expenses and by section 201(g)
for the Appalachian development highway system and
local access roads, there is authorized to be appropriated
to the Commission to carry out this Act $88,355,000 per
fiscal year for each of fiscal years 1996 through 2000.
Such sums shall remain available until expended.’’.
SEC. 222. EXTENSION OF TERMINATION DATE.
Section 405 (40 U.S.C. App. 405) is amended by
striking ‘‘1982’’ and inserting ‘‘2000’’.
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