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

Page 269 TITLE 40—PUBLIC BUILDINGS, PROPERTY, AND WORKS § 15304 resenting 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 in- terest 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 meet- ings of a Commission shall include— (A) the Federal Cochairperson or the alter- nate Federal Cochairperson; and (B) a majority of State members or alter- nate State members, including designees (exclusive of members representing States delinquent under section 15304(c)(3)(C)). (d) PROJECTS AND GRANT PROPOSALS.—The ap- proval of project and grant proposals shall be a responsibility of each Commission and shall be carried out in accordance with section 15503. (Added Pub. L. 110–234, title XIV, § 14217(a)(2), May 22, 2008, 122 Stat. 1470, and Pub. L. 110–246, § 4(a), title XIV, § 14217(a)(2), June 18, 2008, 122 Stat. 1664, 2232; amended Pub. L. 118–272, div. B, title II, § 2242(b), Jan. 4, 2025, 138 Stat. 3202.) Editorial Notes CODIFICATION Pub. L. 110–234 and Pub. L. 110–246 enacted identical sections. Pub. L. 110–234 was repealed by section 4(a) of Pub. L. 110–246. AMENDMENTS 2025—Subsec. (a). Pub. L. 118–272, § 2242(b)(1), inserted ‘‘or alternate State members, including designees’’ after ‘‘State members’’. Subsec. (c). Pub. L. 118–272, § 2242(b)(2), added subsec. (c) and struck out former subsec. (c). Prior to amend- ment, text read as follows: ‘‘A Commission shall deter- mine what constitutes a quorum for Commission meet- ings; except that— ‘‘(1) any quorum shall include the Federal Cochair- person or the alternate Federal Cochairperson; and ‘‘(2) a State alternate member shall not be counted toward the establishment of a quorum.’’ Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective on the first day of the first fiscal year beginning after June 18, 2008, see section 14217(d) of Pub. L. 110–246, set out as a note under section 15101 of this title. § 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, com- prehensive and coordinated economic and in- frastructure development strategies to estab- lish priorities and approve grants for the eco- nomic 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 tak- ing into account State plans developed under section 15502, establish priorities in an eco- nomic 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 dis- trict; (5) encourage private investment in indus- trial, commercial, and other economic devel- opment projects in its region; (6) cooperate with and assist State govern- ments with the preparation of economic and infrastructure development plans and pro- grams for participating States; (7) formulate and recommend to the Gov- ernors and legislatures of States that partici- pate in the Commission forms of interstate co- operation and, where appropriate, inter- national cooperation; and (8) work with State and local agencies in de- veloping appropriate model legislation to en- hance local and regional economic develop- ment. (Added Pub. L. 110–234, title XIV, § 14217(a)(2), May 22, 2008, 122 Stat. 1470, and Pub. L. 110–246, § 4(a), title XIV, § 14217(a)(2), June 18, 2008, 122 Stat. 1664, 2232.) Editorial Notes REFERENCES IN TEXT The date of the enactment of this section, referred to in par. (3), is the date of enactment of Pub. L. 110–246, which was approved June 18, 2008. CODIFICATION Pub. L. 110–234 and Pub. L. 110–246 enacted identical sections. Pub. L. 110–234 was repealed by section 4(a) of Pub. L. 110–246. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective on the first day of the first fiscal year beginning after June 18, 2008, see section 14217(d) of Pub. L. 110–246, set out as a note under section 15101 of this title. § 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 repro- duce and distribute a description of the pro- ceedings and reports on actions by the Com- mission as the Commission considers appro- priate; (2) authorize, through the Federal or State Cochairperson or any other member of the Commission designated by the Commission, Page 270 TITLE 40—PUBLIC BUILDINGS, PROPERTY, AND WORKS § 15305 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 du- ties 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 Com- mission 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 Commis- sion to reimburse the agency or local govern- ment; (6) provide for coverage of Commission em- ployees in a suitable retirement and employee benefit system by making arrangements or en- tering into contracts with any participating State government or otherwise providing re- tirement and other employee coverage; (7) accept, use, and dispose of gifts or dona- tions or services or real, personal, tangible, or intangible property; (8) collect fees for services provided and re- tain and expend such fees; (9) enter into and perform such contracts, cooperative agreements, or other transactions as are necessary to carry out Commission du- ties, including any contracts or cooperative agreements with a department, agency, or in- strumentality 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 Commis- sion may select. (b) FEDERAL AGENCY COOPERATION.—A Federal agency shall— (1) cooperate with a Commission; and (2) provide, to the extent practicable, on re- quest of the Federal Cochairperson, appro- priate 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 adminis- trative expenses of the Commission; and (B) by the States participating in the Com- mission, in an amount equal to 50 percent of the administrative expenses. (2) EXPENSES OF THE FEDERAL COCHAIR- PERSON.—All expenses of the Federal Cochair- person, 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 Fed- eral Cochairperson shall not participate or vote in any decision under subparagraph (A). (C) DELINQUENT STATES.—During any pe- riod in which a State is more than 1 year de- linquent 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 assist- ance to a political subdivision or a resi- dent of the State) for any project not ap- proved as of the date of the commence- ment 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. (Added Pub. L. 110–234, title XIV, § 14217(a)(2), May 22, 2008, 122 Stat. 1471, and Pub. L. 110–246, § 4(a), title XIV, § 14217(a)(2), June 18, 2008, 122 Stat. 1664, 2233; amended Pub. L. 115–334, title VI, § 6304(a), Dec. 20, 2018, 132 Stat. 4749; Pub. L. 118–272, div. B, title II, § 2242(c), Jan. 4, 2025, 138 Stat. 3203.) Editorial Notes CODIFICATION Pub. L. 110–234 and Pub. L. 110–246 enacted identical sections. Pub. L. 110–234 was repealed by section 4(a) of Pub. L. 110–246. AMENDMENTS 2025—Subsec. (a)(5). Pub. L. 118–272, § 2242(c)(1), in- serted ‘‘, which may be done without a requirement for the Commission to reimburse the agency or local gov- ernment’’ after ‘‘status’’. Subsec. (a)(8), (9). Pub. L. 118–272, § 2242(c)(2), (3), added par. (8) and redesignated former par. (8) as (9). Former par. (9) redesignated (10). Subsec. (a)(10). Pub. L. 118–272, § 2242(c)(2), (4), redesig- nated par. (9) as (10) and struck out ‘‘maintain a gov- ernment relations office in the District of Columbia and’’ before ‘‘establish and maintain a central office’’. 2018—Subsec. (c)(3)(A). Pub. L. 115–334 substituted ‘‘majority’’ for ‘‘unanimous’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective on the first day of the first fiscal year beginning after June 18, 2008, see section 14217(d) of Pub. L. 110–246, set out as a note under section 15101 of this title. § 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 des-