40 U.S.C. § 15305 — Meetings

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- Page 271 TITLE 40—PUBLIC BUILDINGS, PROPERTY, AND WORKS § 15307 ignees) 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. (Added Pub. L. 110–234, title XIV, § 14217(a)(2), May 22, 2008, 122 Stat. 1473, and Pub. L. 110–246, § 4(a), title XIV, § 14217(a)(2), June 18, 2008, 122 Stat. 1664, 2235; amended Pub. L. 118–272, div. B, title II, § 2242(d), Jan. 4, 2025, 138 Stat. 3203.) Editorial Notes REFERENCES IN TEXT The date of the enactment of this section, referred to in subsec. (a), 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. AMENDMENTS 2025—Subsec. (b). Pub. L. 118–272 substituted ‘‘with— ’’ and pars. (1) and (2) for ‘‘with the Federal Cochair- person and at least a majority of the State members present.’’ 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. § 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 person- ally and substantially as a member, alternate, officer, or employee of the Commission, through decision, approval, disapproval, rec- ommendation, 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 finan- cial interest: (A) The individual. (B) The individual’s spouse, minor child, or partner. (C) An organization (except a State or po- litical 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 ar- rangement concerning prospective employ- ment. (2) EXCEPTION.—Paragraph (1) shall not apply if the individual, in advance of the pro- ceeding, application, request for a ruling or other determination, contract, claim con- troversy, or other particular matter pre- senting 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 Com- mission that the interest is not so substan- tial as to be considered likely to affect the integrity of the services that the Commis- sion may expect from the individual. (3) VIOLATION.—An individual violating this subsection shall be fined under title 18, impris- oned 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 sup- plementation of, salary, for services on a Com- mission 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 Commis- sion. (2) VIOLATION.—Any person that violates this subsection shall be fined under title 18, impris- oned not more than 1 year, or both. (d) FEDERAL COCHAIRMAN, ALTERNATE TO FED- ERAL COCHAIRMAN, AND FEDERAL OFFICERS AND EMPLOYEES.—The Federal Cochairman, the al- ternate to the Federal Cochairman, and any Federal officer or employee detailed to duty with the Commission are not subject to this sec- tion 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 Commis- sion 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. (Added Pub. L. 110–234, title XIV, § 14217(a)(2), May 22, 2008, 122 Stat. 1473, and Pub. L. 110–246, § 4(a), title XIV, § 14217(a)(2), June 18, 2008, 122 Stat. 1664, 2235.) 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. 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. § 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 instrumental- ities in the region.