[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5082 Introduced in House (IH)]







109th CONGRESS
  2d Session
                                H. R. 5082

To amend the Consolidated Farm and Rural Development Act to provide for 
  comprehensive community and economic development in the distressed 
   Southern Black Belt and Mississippi Delta region while leveraging 
               existing efforts, entities, and resources.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             April 4, 2006

Mr. Davis of Alabama introduced the following bill; which was referred 
 to the Committee on Agriculture, and in addition to the Committees on 
Transportation and Infrastructure and Financial Services, for a period 
    to be subsequently determined by the Speaker, in each case for 
consideration of such provisions as fall within the jurisdiction of the 
                          committee concerned

_______________________________________________________________________

                                 A BILL


 
To amend the Consolidated Farm and Rural Development Act to provide for 
  comprehensive community and economic development in the distressed 
   Southern Black Belt and Mississippi Delta region while leveraging 
               existing efforts, entities, and resources.

    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 Empowerment and Economic 
Development Act to authorize the Delta Black Belt Regional Authority''.

SEC. 2. FINDINGS.

    The Congress finds the following:
            (1) A University of Georgia study, entitled ``Dismantling 
        Persistent Poverty in the Southeastern United States'', finds 
        that counties in the Delta Black Belt region sustained 
        persistent poverty over 3 census periods and comprise the 
        poorest of all regions in the country.
            (2) A study conducted by the Southern Food Systems 
        Education Consortium and led by Tuskegee University, entitled 
        ``Persistent Poverty in the South'', finds that these counties 
        lack a coordinating body, supporting organization, or any 
        central capacity building agency to link and enhance the work 
        of service providers to address the issue of persistent 
        poverty.
            (3) These studies find that the economic peril facing the 
        region results from, and in turn contributes to, the widespread 
        and persistent nature of the region's poverty.
            (4) These studies find that this region would benefit from 
        a sustained, coordinated strategy targeted at the most 
        distressed communities by a regional initiative.
            (5) There is a Federal-State partnership that is targeted 
        at poverty in the Delta region but overlays with the historic 
        Southern Black Belt's region of persistent poverty.
            (6) The Delta Regional Authority has shown early promise in 
        addressing causes of persistent poverty as a regional 
        initiative.
            (7) There is value in establishing a collaborative 
        partnership with community-based and faith-based organizations 
        in the distressed region as well as institutions of higher 
        learning in the region as a component of any regional 
        initiative.

SEC. 3. DELTA REGIONAL AUTHORITY EXPANSION.

    (a) Authority.--Section 382A(1) of the Consolidated Farm and Rural 
Development Act (7 U.S.C. 2009aa(1)) is amended to read as follows:
            ``(1) The term `Authority' means the Delta/Black Belt 
        Regional Authority.''.
    (b) Scope of Authority.--Section 382B(a)(1) of such Act (7 U.S.C. 
2009aa-1(a)(1)) is amended to read as follows:
            ``(1) In general.--There is established the Delta/Black 
        Belt Regional Authority.''.
    (c) Constituency Representation Board.--Section 382B of such Act (7 
U.S.C. 2009aa-1) is amended by adding at the end the following:
    ``(k) Constituency Representation Board.--
            ``(1) In general.--The Authority shall establish a 
        Constituency Representation Board (in this subsection referred 
        to as the `Board').
            ``(2) Membership.--
                    ``(A) Appointed members.--
                            ``(i) In general.--With respect to each 
                        congressional district that includes part or 
                        all of a county or parish that is in the 
                        region, the Governor of the State in which the 
                        district lies may appoint to the Board 1 
                        individual who has (or, if more than half of 
                        the population of the district resides in 1 or 
                        more counties or parishes in the region, 2 
                        individuals who have) the following 
                        qualifications:
                                    ``(I) The individual is a legal 
                                resident of the district;
                                    ``(II) The individual resides in a 
                                county or parish in the region.
                                    ``(III) The individual is a 
                                community leader or economic 
                                development and community development 
                                practitioner who--
                                            ``(aa) represents a 
                                        community-based or faith-based 
                                        organization or institution of 
                                        higher learning in the region; 
                                        and
                                            ``(bb) has direct contact 
                                        with the persistently poverty 
                                        stricken population of the 
                                        region.
                            ``(ii) Manner of appointment.--A Governor 
                        shall make an appointment to the Board by 
                        submitting the appointment in writing to the 
                        Authority, which shall maintain records of the 
                        membership and activities of the Board.
                    ``(B) Federal cochairperson.--The Federal 
                cochairperson shall be a member of the Board.
            ``(3) Term of office.--
                    ``(A) In general.--Each Board member shall be 
                appointed for a 2-year term that expires on January 31 
                of the next odd-numbered calendar year.
                    ``(B) Continuation of service.--
                            ``(i) In general.--A Board member may 
                        continue to serve as such after the expiration 
                        of the term for which appointed, until the 
                        earlier of such time as a successor for the 
                        member is appointed or the date that is 120 
                        days after the end of the term.
                            ``(ii) Exception.--If a congressional 
                        district is eliminated as a result of 
                        reapportionment then the preceding sentence 
                        shall not apply with respect to the Board 
                        member representing the district.
                    ``(C) Term limits.--
                            ``(i) In general.--Except as provided in 
                        subparagraph (B) and clause (ii) of this 
                        subparagraph, an individual may not serve more 
                        than a single 2-year term on the Board.
                            ``(ii) Exception.--An original Board member 
                        may be reappointed to the Board once.
            ``(4) Chair and vice chair.--
                    ``(A) In general.--The Board members shall elect a 
                Chair and Vice Chair from among the members.
                    ``(B) Treatment as governor and alternate.--The 
                Chair and Vice Chair shall be treated as if they were a 
                Governor and Alternate, respectively, of a State 
                participating in the Authority for governance, voting, 
                and all other purposes under section 382B.
                    ``(C) Term of office.--The Chair and Vice Chair 
                shall be elected for a 2-year term that expires on 
                January 31 of the next odd-numbered year.
                    ``(D) Other duties.--The Chair and Vice Chair shall 
                invite the Executive Director of the Authority to each 
                Board meeting and keep the Executive Director apprised 
                of the activities of the Board.
            ``(5) Regional subcommittees.--
                    ``(A) Membership.--The Board shall have 4 regional 
                subcommittees, as follows:
                            ``(i) A regional subcommittee composed of 
                        the Board members from Virginia, North 
                        Carolina, and South Carolina.
                            ``(ii) A regional subcommittee composed of 
                        the Board members from Georgia, Florida, and 
                        Alabama.
                            ``(iii) A regional subcommittee composed of 
                        the Board members from Texas, Arkansas, and 
                        Louisiana.
                            ``(iv) A regional subcommittee composed of 
                        the Board members from Kentucky, Missouri, 
                        Tennessee, Mississippi, and Illinois.
                    ``(B) Duties.--Each regional subcommittee shall 
                review projects proposed to be carried out in the 
                region covered by the subcommittee, and determine which 
                projects should be submitted to the Executive Committee 
                for final approval.
            ``(6) Executive committee.--
                    ``(A) Membership.--The Board shall have an 
                Executive Committee consisting of the following:
                            ``(i) The Chair and Vice Chair of the 
                        Board.
                            ``(ii) 2 members of each regional 
                        subcommittee, each of whom shall be elected by 
                        a majority of the members of the regional 
                        subcommittee involved.
                            ``(iii) The Federal cochairperson.
                    ``(B) Functions.--The Executive Committee shall 
                perform the administrative functions of the Board, 
                including review and approval of projects submitted by 
                the regional subcommittees and disbursement of funds.
            ``(7) Community strategic planning.--The members of the 
        Board shall ascertain and communicate to the Authority the 
        strategic planning priorities of communities in their 
        respective States and congressional districts. The members of 
        the Board shall consult with other community leaders and 
        economic development and community development practitioners 
        that represent community-based and faith-based organizations 
        from their respective States and congressional districts in 
        performing their duties under this paragraph. The members of 
        the Board shall collaborate with their respective Governors, 
        Alternates, and Members of the United States House of 
        Representatives in the performance of their duties under this 
        paragraph.
            ``(8) Regional and state planning.--The Board shall 
        participate in the development and approval of regional plans 
        and priorities developed by the Authority under section 
        382B(d)(1). Members of the Board may participate in the 
        development of their respective State development plans.
            ``(9) Programs and demonstration projects.--
                    ``(A) Consideration and funding.--The Board shall 
                receive applications for, identify, evaluate, develop, 
                and fund programs and demonstration projects to be 
                organized and operated by community-based or faith-
                based organizations in the region or the institutions 
                of higher learning in the region, consistent with the 
                purposes of the Authority.
                    ``(B) Eligibility for funding.--
                            ``(i) In general.--A program or 
                        demonstration project shall not be funded under 
                        subparagraph (A) unless the Board determines 
                        that the program or project will benefit a 
                        county or identifiable community that 
                        experiences significant economic distress.
                            ``(ii) Definition of county or identifiable 
                        community that experiences significant economic 
                        distress.--For purposes of clause (i), a county 
                        or identifiable community is experiencing 
                        significant economic distress if--
                                    ``(I)(aa) the 3-year average 
                                unemployment rate for the county or 
                                identifiable community is at least 150 
                                percent of the national average 
                                unemployment rate;
                                    ``(bb) the per capita income of the 
                                county or identifiable community is not 
                                more than 67 percent of the national 
                                average per capita income; and
                                    ``(cc) the poverty rate of the 
                                county or identifiable community is at 
                                least 150 percent of the national 
                                average poverty rate; or
                                    ``(II)(aa) the county or 
                                identifiable community meets the 
                                condition described in item (aa) or 
                                (bb) of subclause (I); and
                                    ``(bb) the poverty rate of the 
                                county or identifiable community is at 
                                least 200 percent of the national 
                                average poverty rate.
                            ``(iii) Determinations.--In determining 
                        whether a county or identifiable community is 
                        experiencing significant economic distress in 
                        accordance with clause (ii), the Board may use 
                        such information as the Board deems reliable.
            ``(10) Source of funds.--
                    ``(A) In general.--Not less than 20 percent of the 
                amount appropriated under section 382M(a) for a fiscal 
                year shall be available for programs and demonstration 
                projects approved for funding under paragraph (9) of 
                this subsection.
                    ``(B) Special rule regarding administrative 
                expenses.--Administrative costs and expenses associated 
                with the activities of the Board shall not be 
                considered administrative expenses for purposes of 
                section 382M(b).
            ``(11) Other functions.--
                    ``(A) Hearings.--The Board shall hold no less than 
                4 public hearings annually, no less than 1 in each 
                region covered by each regional subcommittee, on how 
                the Board and the Authority are serving the community-
                based and faith-based organizations in the region that 
                interface directly with the persistently poverty 
                stricken population of the region. The Board shall 
                include the information obtained in the hearings in the 
                annual reports required by paragraph (12).
                    ``(B) Assessment of relevant matters.--The Board 
                may assess any matter involving the region or the 
                Authority, including the criteria for distress, 
                programs of the Authority, or allocation formulas, and 
                shall and communicate the findings of the Board to the 
                Federal cochairperson.
            ``(12) Annual reports.--The Board shall prepare and submit 
        to the Congress an annual report on--
                    ``(A) the activities and plans of the Board for 
                supporting community-based and faith-based 
                organizations in the region;
                    ``(B) the state of the community-based and faith-
                based organizations in the region that interface 
                directly with the persistently poverty stricken 
                population of the region;
                    ``(C) the programs and demonstration projects 
                funded under paragraph (9) of this subsection; and
                    ``(D) such other matters relating to the activities 
                described in section 382C(a) as the Board wishes to 
                bring to the attention of the Congress.''.
    (d) Program Areas.--Section 382C(a) of such Act (7 U.S.C. 2009aa-
2(a)) is amended--
            (1) by striking ``and'' at the end of paragraph (4);
            (2) by redesignating paragraph (5) as paragraph (8); and
            (3) by inserting after paragraph (4) the following:
            ``(5) to provide assistance to severely distressed and 
        underdeveloped areas that lack resources for improving 
        educational opportunities including adult and remedial 
        education;
            ``(6) to provide assistance to severely distressed and 
        underdeveloped areas that lack resources for improving access 
        to affordable, quality health care in rural areas;
            ``(7) to provide assistance to severely distressed and 
        underdeveloped areas that lack resources for eliminating sub-
        standard housing facilities; and''.
    (e) Expansion of Funding Priorities.--Section 382C(b)(2) of such 
Act (7 U.S.C. 2009aa-2(b)(2)) is amended by adding at the end the 
following:
                    ``(E) Educational improvement including adult and 
                remedial education.
                    ``(F) Access to affordable, quality rural health 
                care.
                    ``(G) The elimination of sub-standard housing 
                facilities.''.
    (f) Funding Allocations.--Section 382F(d) of such Act (7 U.S.C. 
2009aa-5(d)) is amended to read as follows:
    ``(d) Transportation and Basic Public Infrastructure.--During a 
fiscal year, the Authority shall allocate for transportation and basic 
public infrastructure projects authorized under paragraphs (1) and (3) 
of section 382C(a) not more than 25 percent of any funds made available 
under section 382M for the fiscal year.''.
    (g) Limitations on Authorization of Appropriations.--Section 
382M(a) of such Act (7 U.S.C. 2009aa-12(a)) is amended to read as 
follows:
    ``(a) In General.--There are authorized to be appropriated to the 
Authority to carry out this subtitle $500,000,000 for each of fiscal 
years 2007 through 2037, which amounts are authorized to remain 
available until expended.''.
    (h) Termination of Authority.--Section 382N of such Act (7 U.S.C. 
2009aa-13) is amended to read as follows:

``SEC. 382N. TERMINATION OF AUTHORITY.

    ``This subtitle and the authority provided under this subtitle 
expire on October 1, 2037.''.

SEC. 4. SCOPE OF THE REGION.

    (a) Expansion.--Section 4(2) of the Delta Development Act (42 
U.S.C. 3121 note; Public Law 100-460) is amended in the matter that 
precedes subparagraph (A) by striking ``those areas'' and all that 
follows through ``but not limited to''.
    (b) Arkansas.--Section 4(2)(A) of such Act (42 U.S.C. 3121 note; 
Public Law 100-460) is amended by inserting ``Carroll, Clark, Columbia, 
Conway, Crawford, Franklin, Garland, Hempstead, Hot Spring, Howard, 
Johnson, Lafayette, Little River, Logan, Madison, Miller, Montgomery, 
Nevada, Newton, Perry, Pike, Polk, Pope, Scott, Sevier, Yell,'' after 
``Van Buren,''.
    (c) Louisiana.--Section 4(2)(D) of such Act (42 U.S.C. 3121 note; 
Public Law 100-460) is amended by inserting ``Beauregard, Bienville, 
Calcasieu, Claiborne, De Soto, Jefferson Davis, Red River, Sabine, 
Vermilion, Vernon, Webster,'' after ``St. James,''.
    (d) Mississippi.--Section 4(2)(E) of such Act (42 U.S.C. 3121 note; 
Public Law 100-460) is amended by inserting ``Clarke, Forrest, George, 
Greene, Hancock, Jasper, Jones, Lamar, Lauderdale, Leake, Neshoba, 
Newton, Pearl River, Perry, Scott, Smith, Stone, Wayne,'' after 
``Lawrence,''.
    (e) Other.--Section 4(2)(H) of such Act (42 U.S.C. 3121 note; 
Public Law 100-460) is amended by striking ``and'' at the end.
    (f) Alabama.--Section 4(2)(I) of such Act (42 U.S.C. 3121 note; 
Public Law 100-460) is amended by inserting ``Coffee, Covington, 
Crenshaw, Dale, Geneva, Henry, Houston, Lee, Pike,'' after ``Monroe,''.
    (g) Florida, Georgia, North Carolina, South Carolina, Texas, 
Virginia.--Section 4(2) of such Act (42 U.S.C. 3121 note; Public Law 
100-460) is amended by inserting after subparagraph (I) the following:
                    ``(J) the Florida counties of Alachua, Baker, Bay, 
                Bradford, Calhoun, Columbia, Dixie, Franklin, Gadsden, 
                Gilchrist, Gulf, Hamilton, Holmes, Jackson, Jefferson, 
                Lafayette, Leon, Levy, Liberty, Madison, Putnam, 
                Suwannee, Taylor, Union, Walton, and Washington;
                    ``(K) the Georgia counties of Appling, Atkinson, 
                Bacon, Baker, Baldwin, Ben Hill, Berrien, Bleckley, 
                Brantley, Brooks, Bulloch, Burke, Calhoun, Candler, 
                Charlton, Clarke, Clay, Clinch, Coffee, Colquit, Cook, 
                Crawford, Crisp, Decatur, Dodge, Dooly, Dougherty, 
                Early, Echols, Emanuel, Evans, Glascock, Glynn, Grady, 
                Greene, Hancock, Irwin, Jasper, Jeff Davis, Jefferson, 
                Jenkins, Johnson, Lanier, Laurens, Liberty, Lincoln, 
                Long, Lowndes, Macon, Marion, McDuffie, McIntosh, 
                Meriwether, Miller, Mitchell, Montgomery, Oglethorpe, 
                Peach, Pierce, Pulaski, Putnam, Quitman, Randolph, 
                Schley, Screven, Seminole, Stewart, Sumter, Talbot, 
                Taliaferro, Tattnall, Taylor, Telfair, Terrell, Thomas, 
                Tift, Toombs, Treutlen, Troup, Turner, Twiggs, Ware, 
                Warren, Washington, Wayne, Webster, Wheeler, Wilcox, 
                Wilkes, Wilkinson, and Worth;
                    ``(L) the North Carolina counties of Anson, 
                Beaufort, Bertie, Bladen, Caswell, Chowan, Columbus, 
                Craven, Duplin, Edgecombe, Gates, Greene, Halifax, 
                Harnett, Hertford, Hoke, Hyde, Jones, Lenoir, Martin, 
                Montgomery, Nash, New Hanover, Northampton, Pamilco, 
                Pasquotank, Pender, Perquimans, Pitt, Richmond, 
                Robeson, Sampson, Scotland, Tyrrell, Vance, Warren, 
                Washington, Wayne, and Wilson;
                    ``(M) the South Carolina counties of Abbeville, 
                Allendale, Bamberg, Barnwell, Calhoun, Chester, 
                Chesterfield, Clarendon, Colleton, Darlington, Dillon, 
                Edgefield, Fairfield, Florence, Georgetown, Greenwood, 
                Hampton, Jasper, Lee, Marion, Marlboro, McCormick, 
                Newberry, Orangeburg, Saluda, Sumter, Union, and 
                Williamsburg;
                    ``(N) the Texas counties of Anderson, Angelina, 
                Bowie, Brazos, Burleson, Camp, Cass, Cherokee, Delta, 
                Falls, Fannin, Franklin, Freestone, Gregg, Grimes, 
                Harrison, Hill, Hopkins, Houston, Jasper, Lamar, Leon, 
                Limestone, McLennan, Madison, Marion, Milam, Morris, 
                Nacogdoches, Navarro, Newton, Orange, Panola, Polk, 
                Rains, Red River, Robertson, Rusk, Sabine, San 
                Augustine, San Jacinto, Shelby, Smith, Titus, Trinity, 
                Tyler, Upshur, Van Zandt, Walker, and Wood; and
                    ``(O) the Virginia counties of Brunswick, 
                Buckingham, Charlotte, Cumberland, Danville, Emporia, 
                Greensville, Halifax, Lunenburg, Mecklenburg, Nottoway, 
                Prince Edward, Southampton, and Sussex;''.
                                 <all>