USC Chapter 153

in effect

40 U.S.C. § 15301 Establishment, membership, and employees

(a) Establishment.—There are established the following regional Commissions:(1) The Southeast Crescent Regional Commission. (2) The Southwest Border Regional Commission. (3) The Northern Border Regional Commission. (4) The Great Lakes Authority. (5) The Mid-Atlantic Regional Commission. (6) The Southern New England Regional Commission. (b) Membership.—(1) Federal and state members.—Each Commission shall be composed of the following members:(A) A Federal Cochairperson, to be appointed by the President, by and with the advice and consent of the Senate. (B) The Governor of each participating State in the region of the Commission. (2) Alternate members.—(A) Alternate federal cochairperson.—The President shall appoint an alternate Federal Cochairperson for each Commission. The alternate Federal Cochairperson, when not actively serving as an alternate for the Federal Cochairperson, shall perform such functions and duties as are delegated by the Federal Cochairperson. (B) State alternates.—The State member of a participating State may have a single alternate, who shall be appointed by the Governor of the State from among the members of the Governor’s cabinet or personal staff. (C) Voting.—(i) In general.—An alternate member shall vote in the case of the absence, death, disability, removal, or resignation of the Federal or State member for which the alternate member is an alternate. (ii) State alternates.—If the alternate State member is unable to vote in accordance with clause (i), the alternate State member may delegate voting authority to a designee, subject to the condition that the executive director shall be notified, in writing, of the designation not less than 1 week before the applicable vote is to take place. (3) Cochairpersons.—A Commission shall be headed by—(A) the Federal Cochairperson, who shall serve as a liaison between the Federal Government and the Commission; and (B) a State Cochairperson, who shall be a Governor of a participating State in the region and shall be elected by the State members for a term of not less than 1 year. (4) Consecutive terms.—A State member may not be elected to serve as State Cochairperson for more than 2 consecutive terms. (c) Compensation.—(1) Federal cochairpersons.—Each Federal Cochairperson shall be compensated by the Federal Government at level III of the Executive Schedule as set out in section 5314 of title 5. (2) Alternate federal cochairpersons.—Each Federal Cochairperson’s alternate shall be compensated by the Federal Government at level V of the Executive Schedule as set out in section 5316 of title 5. (3) State members and alternates.—Each State member and alternate shall be compensated by the State that they represent at the rate established by the laws of that State. (d) Executive Director and Staff.—(1) In general.—A Commission shall appoint and fix the compensation of an executive director and such other personnel as are necessary to enable the Commission to carry out its duties. Compensation under this paragraph may not exceed the maximum rate of basic pay established for the Senior Executive Service under section 5382 of title 5, including any applicable locality-based comparability payment that may be authorized under section 5304(h)(2)(C) of that title. (2) Executive director.—The executive director shall be responsible for carrying out the administrative duties of the Commission, directing the Commission staff, and such other duties as the Commission may assign. (e) No Federal Employee Status.—No member, alternate, officer, or employee of a Commission (other than the Federal Cochairperson, the alternate Federal Cochairperson, staff of the Federal Cochairperson, and any Federal employee detailed to the Commission) shall be considered to be a Federal employee for any purpose. (f) Succession.—Subject to the time limitations under section 3346 of title 5, the Federal Cochairperson may designate an employee of the Commission to perform the functions and duties of the office of the Federal Cochairperson temporarily in an acting capacity if both the Federal Cochairperson and the alternate Federal Cochairperson die, resign, or otherwise are unable to perform the functions and duties of their offices.

40 U.S.C. § 15302 Decisions

(a) Requirements for Approval.—Except as provided in section 15304(c)(3), decisions by the Commission shall require the affirmative vote of the Federal Cochairperson and a majority of the State members or alternate State members, including designees (exclusive of members representing States delinquent under section 15304(c)(3)(C)). (b) Consultation.—In matters coming before the Commission, the Federal Cochairperson shall, to the extent practicable, consult with the Federal departments and agencies having an interest in the subject matter. (c) Quorums.—(1) In general.—Subject to paragraph (2), a Commission shall determine what constitutes a quorum for meetings of the Commission. (2) Requirements.—Any quorum for meetings of a Commission shall include—(A) the Federal Cochairperson or the alternate Federal Cochairperson; and (B) a majority of State members or alternate State members, including designees (exclusive of members representing States delinquent under section 15304(c)(3)(C)). (d) Projects and Grant Proposals.—The approval of project and grant proposals shall be a responsibility of each Commission and shall be carried out in accordance with section 15503.

40 U.S.C. § 15303 Functions

A Commission shall— (1) assess the needs and assets of its region based on available research, demonstration projects, investigations, assessments, and evaluations of the region prepared by Federal, State, and local agencies, universities, local development districts, and other nonprofit groups; (2) develop, on a continuing basis, comprehensive and coordinated economic and infrastructure development strategies to establish priorities and approve grants for the economic development of its region, giving due consideration to other Federal, State, and local planning and development activities in the region; (3) not later than one year after the date of the enactment of this section, and after taking into account State plans developed under section 15502, establish priorities in an economic and infrastructure development plan for its region, including 5-year regional outcome targets; (4)(A) enhance the capacity of, and provide support for, local development districts in its region; or (B) if no local development district exists in an area in a participating State in the region, foster the creation of a local development district; (5) encourage private investment in industrial, commercial, and other economic development projects in its region; (6) cooperate with and assist State governments with the preparation of economic and infrastructure development plans and programs for participating States; (7) formulate and recommend to the Governors and legislatures of States that participate in the Commission forms of interstate cooperation and, where appropriate, international cooperation; and (8) work with State and local agencies in developing appropriate model legislation to enhance local and regional economic development.

40 U.S.C. § 15304 Administrative powers and expenses

(a) Powers.—In carrying out its duties under this subtitle, a Commission may—(1) hold such hearings, sit and act at such times and places, take such testimony, receive such evidence, and print or otherwise reproduce and distribute a description of the proceedings and reports on actions by the Commission as the Commission considers appropriate; (2) authorize, through the Federal or State Cochairperson or any other member of the Commission designated by the Commission, the administration of oaths if the Commission determines that testimony should be taken or evidence received under oath; (3) request from any Federal, State, or local agency such information as may be available to or procurable by the agency that may be of use to the Commission in carrying out the duties of the Commission; (4) adopt, amend, and repeal bylaws and rules governing the conduct of business and the performance of duties by the Commission; (5) request the head of any Federal agency, State agency, or local government to detail to the Commission such personnel as the Commission requires to carry out its duties, each such detail to be without loss of seniority, pay, or other employee status, which may be done without a requirement for the Commission to reimburse the agency or local government; (6) provide for coverage of Commission employees in a suitable retirement and employee benefit system by making arrangements or entering into contracts with any participating State government or otherwise providing retirement and other employee coverage; (7) accept, use, and dispose of gifts or donations or services or real, personal, tangible, or intangible property; (8) collect fees for services provided and retain and expend such fees; (9) enter into and perform such contracts, cooperative agreements, or other transactions as are necessary to carry out Commission duties, including any contracts or cooperative agreements with a department, agency, or instrumentality of the United States, a State (including a political subdivision, agency, or instrumentality of the State), or a person, firm, association, or corporation; and (10) establish and maintain a central office at such location in its region as the Commission may select. (b) Federal Agency Cooperation.—A Federal agency shall—(1) cooperate with a Commission; and (2) provide, to the extent practicable, on request of the Federal Cochairperson, appropriate assistance in carrying out this subtitle, in accordance with applicable Federal laws (including regulations). (c) Administrative Expenses.—(1) In general.—Subject to paragraph (2), the administrative expenses of a Commission shall be paid—(A) by the Federal Government, in an amount equal to 50 percent of the administrative expenses of the Commission; and (B) by the States participating in the Commission, in an amount equal to 50 percent of the administrative expenses. (2) Expenses of the federal cochairperson.—All expenses of the Federal Cochairperson, including expenses of the alternate and staff of the Federal Cochairperson, shall be paid by the Federal Government. (3) State share.—(A) In general.—Subject to subparagraph (B), the share of administrative expenses of a Commission to be paid by each State of the Commission shall be determined by a majority vote of the State members of the Commission. (B) No federal participation.—The Federal Cochairperson shall not participate or vote in any decision under subparagraph (A). (C) Delinquent states.—During any period in which a State is more than 1 year delinquent in payment of the State’s share of administrative expenses of the Commission under this subsection—(i) no assistance under this subtitle shall be provided to the State (including assistance to a political subdivision or a resident of the State) for any project not approved as of the date of the commencement of the delinquency; and (ii) no member of the Commission from the State shall participate or vote in any action by the Commission. (4) Effect on assistance.—A State’s share of administrative expenses of a Commission under this subsection shall not be taken into consideration when determining the amount of assistance provided to the State under this subtitle.

40 U.S.C. § 15305 Meetings

(a) Initial Meeting.—Each Commission shall hold an initial meeting not later than 180 days after the date of the enactment of this section. (b) Annual Meeting.—Each Commission shall conduct at least 1 meeting each year with—(1) the Federal Cochairperson; and (2) at least a majority of the State members or alternate State members (including designees) present in-person or via electronic means. (c) Additional Meetings.—Each Commission shall conduct additional meetings at such times as it determines and may conduct such meetings by electronic means.

40 U.S.C. § 15306 Personal financial interests

(a) Conflicts 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 a Commission, shall not participate personally and substantially as a member, alternate, officer, or employee of the Commission, through decision, approval, disapproval, recommendation, request for a ruling, or other determination, contract, claim, controversy, or other matter in which, to the individual’s knowledge, 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 is negotiating or has any arrangement concerning prospective employment. (2) Exception.—Paragraph (1) shall not apply if the individual, in advance of the proceeding, application, request for a ruling or other determination, contract, claim controversy, or other particular matter presenting a potential conflict of interest—(A) advises the Commission of the nature and circumstances of the matter presenting the conflict of interest; (B) makes full disclosure of the financial interest; and (C) receives a written decision of the Commission that the interest is not so substantial as to be considered likely to affect the integrity of the services that the Commission may expect from the individual. (3) Violation.—An individual violating this subsection shall be fined under title 18, imprisoned for not more than 1 year, or both. (b) State Member or Alternate.—A State member or alternate member may not receive any salary, or any contribution to, or supplementation of, salary, for services on a Commission from a source other than the State of the member or alternate. (c) Detailed Employees.—(1) In general.—No person detailed to serve a Commission shall receive any salary, or any contribution to, or supplementation of, salary, for services provided to the Commission from any source other than the State, local, or intergovernmental department or agency from which the person was detailed to the Commission. (2) Violation.—Any person that violates this subsection shall be fined under title 18, imprisoned not more than 1 year, or both. (d) Federal Cochairman, Alternate to Federal Cochairman, and Federal Officers and Employees.—The Federal Cochairman, the alternate to the Federal Cochairman, and any Federal officer or employee detailed to duty with the Commission are not subject to this section but remain subject to sections 202 through 209 of title 18. (e) Rescission.—A Commission may declare void any contract, loan, or grant of or by the Commission in relation to which the Commission determines that there has been a violation of any provision under subsection (a)(1), (b), or (c), or any of the provisions of sections 202 through 209 of title 18.

40 U.S.C. § 15307 Tribal participation

Governments of Indian tribes in the region of the Southwest Border Regional Commission shall be allowed to participate in matters before that Commission in the same manner and to the same extent as State agencies and instrumentalities in the region.

40 U.S.C. § 15308 Transfer of funds among Federal agencies

(a) In General.—Subject to subsection (c), for purposes of this subtitle, each Commission may transfer funds to and accept transfers of funds from other Federal agencies. (b) Transfer of Funds to Other Federal Agencies.—Funds made available to a Commission may be transferred to other Federal agencies if the funds are used consistently with the purposes for which the funds were specifically authorized and appropriated. (c) Transfer of Funds From Other Federal Agencies.—Funds may be transferred to any Commission under this section if—(1) the statutory authority for the funds provided by the Federal agency does not expressly prohibit use of funds for authorities being carried out by a Commission; and (2) the Federal agency that provides the funds determines that the activities for which the funds are to be used are otherwise eligible for funding under such a statutory authority.

40 U.S.C. § 15309 Annual report

(a) In General.—Not later than 180 days after the last day of each fiscal year, each Commission shall submit to the President and Congress a report on the activities carried out by the Commission under this subtitle in the fiscal year. (b) Contents.—The report shall include—(1) a description of the criteria used by the Commission to designate counties under section 15702 and a list of the counties designated in each category; (2) an evaluation of the progress of the Commission in meeting the goals identified in the Commission’s economic and infrastructure development plan under section 15303 and State economic and infrastructure development plans under section 15502; and (3) any policy recommendations approved by the Commission.