(1) the relationship of the project to overall re-
gional development; 
(2) the per capita income and poverty and un-
employment rates and other socioeconomic indicators 
in an area; 
(3) the financial resources available to the ap-
plicants for assistance seeking to carry out the 
project, with emphasis on ensuring that projects are 
adequately financed to maximize the probability of 
successful economic development; 
(4) the importance of the project in relation to 
other projects that may be in competition for the 
same funds; 
(5) the prospects that the project for which as-
sistance is sought will improve, on a continuing rath-
er than a temporary basis, the opportunities for em-
ployment, the average level of income, or the eco-
nomic development of the area served by the project; 
and 
(6) the extent to which the project design pro-
vides for detailed outcome measurements by which 
grant expenditures and the results of the expendi-
tures may be evaluated.
(b) NO RELOCATION ASSISTANCE.—No financial as-
sistance authorized by this Act shall be used to assist an 
establishment in relocating from 1 area to another. 
(c) REDUCTION OF FUNDS.—Funds may be provided 
for a program or project in a State under this Act only 
if the Commission determines that the level of Federal or 
State financial assistance provided under a law other than 
this Act, for the same type of program or project in the 
same area of the State within the region, will not be re-
duced as a result of funds made available by this Act. 
SEC. 
9. 
APPROVAL 
OF 
DEVELOPMENT 
PLANS 
AND 
PROJECTS. 
(a) IN GENERAL.—A State or regional development 
plan or any multistate subregional plan that is proposed 
for development under this Act shall be reviewed by the 
Commission. 
(b) EVALUATION BY STATE MEMBER.—An applica-
tion for a grant or any other assistance for a project under 
this Act shall be made through and evaluated for approval 
by the State member of the Commission representing the 
applicant. 
(c) CERTIFICATION.—An application for a grant or 
other assistance for a project shall be approved only on 
certification by the State member and Federal cochair-
person that the application for the project—
(1) describes ways in which the project complies 
with any applicable State development plan; 
(2) meets applicable criteria under section 8; 
(3) provides adequate assurance that the pro-
posed project will be properly administered, oper-
ated, and maintained; and 
(4) otherwise meets the requirements of this 
Act. 
(d) VOTES FOR DECISIONS.—Upon certification of an 
application for a grant or other assistance for a specific 
project under this section, an affirmative vote of the Com-
mission under section 3(c) shall be required for approval 
of the application. 
SEC. 10. CONSENT OF STATES. 
Nothing in this Act requires any State to engage in 
or accept any program under this Act without the consent 
of the State. 
SEC. 11. RECORDS. 
(a) RECORDS OF THE COMMISSION.— 
(1) IN GENERAL.—The Commission shall main-
tain accurate and complete records of all trans-
actions and activities of the Commission. 
(2) AVAILABILITY.—All records of the Commis-
sion shall be available for audit and examination by 
the Comptroller General of the United States (in-
cluding authorized representatives of the Comp-
troller General). 
(b) RECORDS OF RECIPIENTS OF FEDERAL ASSIST-
ANCE.— 
(1) IN GENERAL.—A recipient of Federal funds 
under this Act shall, as required by the Commission, 
maintain accurate and complete records of trans-
actions and activities financed with Federal funds 
and report on the transactions and activities to the 
Commission. 
(2) AVAILABILITY.—All records required under 
paragraph (1) shall be available for audit by the 
Comptroller General of the United States, and the 
Commission (including authorized representatives of 
the Comptroller General, and the Commission). 
SEC. 12. ANNUAL REPORT. 
Not later than 180 days after the end of each fiscal 
year, the Commission shall submit to the President and 
to Congress a report describing the activities carried out 
under this Act. 
SEC. 13. AUTHORIZATION OF APPROPRIATIONS. 
(a) IN GENERAL.—There is authorized to be appro-
priated to the Commission to carry out this Act 
$40,000,000 for each of fiscal years 2005 through 2009, 
to remain available until expended.
(b) ADMINISTRATIVE EXPENSES.—Not more than 5 
percent of the amount appropriated under subsection (a) 
for a fiscal year shall be used for administrative expenses 
of the Commission. 
SEC. 14. TERMINATION OF COMMISSION. 
This Act shall have no force or effect on or after Oc-
tober 1, 2009. 
SEC. 15. AREA COVERED BY NORTHEAST REGIONAL DEVEL-
OPMENT COMMISSION. 
(a) IN GENERAL.—The Northeast Regional Develop-
ment Commission region means the area consisting of the 
following: [To Be Supplied (to include all appropriate eco-
nomically distressed areas and counties in the region)]. 
(b) LIMITATION.—A county or other political subdivi-
sion that is eligible for assistance from the Appalachian 
Regional Commission shall not be eligible for assistance 
from the Northeast Regional Development Commission. 
Æ