[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3901 Introduced in House (IH)]

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 
     Transportation, 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 Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Southern Rural Development 
Commission Act''.

SEC. 2. FINDINGS AND PURPOSE.

    (a) Findings.--The Congress finds that--
            (1) parts of the Southern United States, bordering the 
        Mississippi Delta or located in the traditional Old South 
        region, have not shared properly in the Nation's prosperity; 
        and
            (2) in parts of the Southern United States, economic 
        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 development of small 
        rural communities located in the regions described in 
        subsection (a); and
            (3) to establish a Southern Rural Development Commission to 
        supply the regions described in subsection (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 composed 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 Commission. Not more than 1 individual who 
                resides in a particular county may be appointed to the 
                Commission.
                    (B) Initial appointments.--
                            (i) Recommendations.--Each United States 
                        Representative, and United States Senator, 
                        representing a State specified in section 5(b) 
                        may recommend 1 person for membership on the 
                        Commission.
                            (ii) Appointment of 1 person recommended 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 Representatives, 
                        and 1 from among the persons recommended by the 
                        State's delegation to the United States Senate.
                            (iii) Additional recommendations.--If the 
                        President chooses not to appoint any of the 
                        persons originally recommended by a State's 
                        delegation to 1 House of Congress, the 
                        President may request 1 additional 
                        recommendation from each member of the State's 
                        delegation to such House, and the process of 
                        recommendations may continue until an 
                        appointment is made.
                    (C) Appointments to fill vacancies.--
                            (i) In general.--A vacancy in a State's 2-
                        member delegation to the Commission shall be 
                        filled in the manner described in subparagraph 
                        (B), except as specified in clause (ii).
                            (ii) Appointment of person recommended 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 recommend the member whose departure 
                        creates the vacancy.
                    (D) Alternative method of appointment.--
                            (i) Appointment of person recommended by 
                        other house.--If none of a State's delegates to 
                        1 House of Congress recommends any person to 
                        fill a vacancy on the Commission that should, 
                        under subparagraph (B) or (C), be filled by 
                        appointment from among persons recommended by 
                        such delegates, the President shall appoint a 
                        person from among the persons recommended by 
                        the State's delegates to the other House of 
                        Congress.
                            (ii) Additional recommendations.--The 
                        President may request additional 
                        recommendations as described in subparagraph 
                        (B)(iii).
                            (iii) Appointment of person recommended by 
                        governor.--If a State's delegates to both 
                        Houses of the Congress fail to cumulatively 
                        recommend enough persons to fill any vacancy in 
                        the State's delegation to the Commission, the 
                        Governor of the State shall recommend at least 
                        3 persons for each such vacancy, and the 
                        President shall appoint to fill the vacancy 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 section 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 
                Commission 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 President 
                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 Counsel may not 
                participate in any vote taken by the Commission, and 
                may not serve as chairperson.
                    (E) Review.--The Commission shall review 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 
                members 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 appointments 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 representing the State that is 
        the 1st alphabetically of the States specified in section 5(b).
            (6) Quorum.--11 voting members of the Commission 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 President shall 
        designate at the time of appointment which of the members 1st 
        appointed to the Commission 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 occurring before the expiration of 
        the term for which the member's predecessor was appointed shall 
        be appointed 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 member. 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 performance 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 facilities, and 
        social services, for underserved communities.
            (3) Planning and development regarding the environment and 
        natural resources, including but not limited to conservation, 
        land stabilization, and erosion 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 communities, including 
        needs relating to the subjects of paragraphs (1) through (6), 
        and development of programs to meet such needs.
    (b) States Containing Eligible Counties and Having Representatives 
on Commission.--The States that contain counties eligible for grants 
under subsection (a), and will have representatives on the Commission, 
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, Lawrence, 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, Assumption, 
        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. Martin, 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, 
        Humphreys, 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 Mississippi.
            (7) North carolina counties.--Bertie, Halifax, 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, Claiborne, Cocke, 
        Fentress, Hancock, Haywood, Johnson, Lake, and Scott Counties 
        in the State of Tennessee.
            (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 Commission;
            (3) the county is located in a State referred to in 
        subsection (b);
            (4) the county submits a letter to the Commission 
        requesting that the county be considered eligible to receive 
        grants under this Act, and the Commission 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 Commission 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 together, 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 Commission shall give 
        priority to the applicants that demonstrate 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 Commission shall next 
        consider the extent to which the proposed project aids 
        community development by making 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 purpose 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 
address 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 office in 
Washington, D.C.
    (e) Mails.--The Commission may use the United States mails in the 
same manner and under the same conditions 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 employees than are necessary to assist in 
        the regular business of the Commission. The Commission may hire 
        nonpermanent employees as necessary. Cumulatively, the 
        Commission may not hire more than 25 employees.
            (3) Chief of staff.--Appointment and determination of the 
        salary of the Chief of Staff shall require 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 Commission 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 Commission 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 any facility or service of the agency 
available to the Commission to assist the Commission to carry out this 
Act.

SEC. 8. MEANS TO OBTAIN INFORMATION.

    (a) Hearings and Sessions.--The Commission may hold hearings, take 
testimony, and receive affidavits and other evidence, that the 
Commission considers appropriate to carry out this Act.
    (b) Powers of Members and Agents.--Any member or agent of the 
Commission may, if authorized by the Commission, take any action that 
the Commission is authorized to take by this section.
    (c) Obtaining Official Data.--The Commission, through its 
chairperson, may request directly from any Federal agency any 
information necessary to enable the Commission to implement the 
policies of this Act. The head of the agency may comply with the 
request unless the release of the information to the public by the 
agency is prohibited by law.
    (d) Other Sources of Information.--The Commission may receive 
testimony from or consult with other individuals and groups, including 
independent agencies, institutions, and groups that are interested in 
rural development.

SEC. 9. ANNUAL REPORTS.

    (a) Grantee Reports.--Each county that receives a grant under 
section 5(a) shall prepare and submit a report to the Commission not 
later than 30 days after the end of each fiscal year in which the 
county expends any part of the grant. With respect to each project for 
which any part of the grant was expended during the fiscal year, the 
report shall--
            (1) specify the amount of grant funds expended for the 
        project;
            (2) specify the outcome and results of the project;
            (3) specify whether the purpose of the project has been 
        achieved; and
            (4) include any other information the Commission may 
        require by rule.
    (b) Commission Reports.--The Commission shall submit a report to 
the President and the Congress, not later than December 31 after each 
fiscal year in which the Commission makes a grant. The report shall--
            (1) specify which counties received grants in the fiscal 
        year preceding the report;
            (2) include descriptions of each project for which a grant 
        was made during the fiscal year preceding the report, including 
        the purpose of the project, the amount of the grant provided to 
        carry out the project, and whether the purpose of the project 
        has been achieved; and
            (3) include any other information the Commission considers 
        appropriate.

SEC. 10. DEFINITIONS.

    For purposes of this Act:
            (1) The term ``Commission'' means the Southern Rural 
        Development Commission.
            (2) The term ``Counsel'' means the member of the Commission 
        who is appointed pursuant to section 5(a)(3)(A) to be the 
        representative of the Federal Government on the Commission.
            (3) The term ``county'' includes a parish.
            (4) The term ``member'' means a member of the Commission.
            (5) The term ``voting member'' means a member other than 
        the Counsel.

SEC. 11. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated to carry out this Act 
$151,000,000 for fiscal year 1994 and such sums as may be necessary for 
each succeeding fiscal year.

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HR 3901 IH----2