Northern Border Regional Commission Reauthorization Act of 2023

Subjects: Government Operations and Politics

Summary:  <p><strong>Northern Border Regional Commission Reauthorization Act of 2023</strong></p> <p>This bill makes changes to the authorities and programs of regional economic and infrastructure development commissions.</p> <p> Specifically, the bill reauthorizes the Northern Border Regional Commission (NBRC) and establishes and expands NBRC grant programs. The NBRC must establish a state capacity building program to provide grants to commission states (Maine, New Hampshire, New York, and Vermont) to better support business retention and expansion in eligible counties and for other specified purposes. Each commission state shall provide to the NBRC an annual work plan that includes the proposed use of the grant. </p> <p> Additionally, the NBRC may make grants for the planning, construction, equipment, and operation of demonstration health, nutrition, and child care projects. Such grants must give special emphasis to projects and activities to address substance use disorders, including opioid and methamphetamine use.</p> <p> The bill authorizes these regional commissions (as part of economic and infrastructure development grants) to (1) design, build, implement, or upgrade transportation or basic public infrastructure or workforce capacity to support the adaptation to and mitigation of climate challenges; and (2) promote the production of housing to meet economic development and workforce needs.</p> <p>Each commission may accept transfers of funds from other federal agencies. Discretionary grants made by a commission to implement significant regional initiatives, to take advantage of special development opportunities, or to respond to emergency economic distress may be made without regard to specified percentage limitations. The bill limits the aggregate amount of discretionary grants.</p>

<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 292 Introduced in Senate (IS)]

&lt;DOC&gt;






118th CONGRESS
  1st Session
                                 S. 292

 To amend title 40, United States Code, to modify certain requirements 
 for Regional Commissions, to reauthorize the Northern Border Regional 
                  Commission, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            February 7, 2023

  Mrs. Shaheen (for herself, Ms. Collins, Mr. Schumer, Mr. King, Mrs. 
  Gillibrand, Mr. Welch, Ms. Hassan, and Mr. Sanders) introduced the 
 following bill; which was read twice and referred to the Committee on 
                      Environment and Public Works

_______________________________________________________________________

                                 A BILL


 
 To amend title 40, United States Code, to modify certain requirements 
 for Regional Commissions, to reauthorize the Northern Border Regional 
                  Commission, and for other purposes.

    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 ``Northern Border Regional Commission 
Reauthorization Act of 2023''.

SEC. 2. REGIONAL COMMISSIONS MODIFICATIONS.

    (a) Membership of Commissions.--Section 15301 of title 40, United 
States Code, is amended--
            (1) in subsection (b)(2)(C)--
                    (A) by striking ``An alternate member'' and 
                inserting the following:
                            ``(i) In general.--An alternate member''; 
                        and
                    (B) by adding at the end the following:
                            ``(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.''; and
            (2) in subsection (f), by striking ``a Federal employee'' 
        and inserting ``an employee''.
    (b) Decisions of Commissions.--Section 15302 of title 40, United 
States Code, is amended--
            (1) in subsection (a), by inserting ``or State alternate 
        members, including designees'' after ``State members''; and
            (2) by striking subsection (c) and inserting the following:
    ``(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)).''.
    (c) Administrative Powers and Expenses of Commissions.--Section 
15304(a)(9) of title 40, United States Code, is amended by striking 
``maintain a government relations office in the District of Columbia 
and''.
    (d) Meetings of Commissions.--Section 15305(b) of title 40, United 
States Code, is amended by striking ``with the Federal Cochairperson'' 
and all that follows through the period at the end and inserting the 
following: ``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.''.

SEC. 3. TRANSFER OF FUNDS FROM OTHER FEDERAL AGENCIES.

    (a) In General.--Chapter 153 of subtitle V of title 40, United 
States Code, is amended--
            (1) by redesignating section 15308 as section 15309; and
            (2) by inserting after section 15307 the following:
``Sec. 15308. Transfer of funds from other Federal agencies
    ``(a) In General.--Subject to subsection (c), for purposes of this 
subtitle, each Commission may accept transfers of funds from other 
Federal agencies.
    ``(b) Transfers.--Any Federal agency authorized to carry out an 
activity that is within the authority of a Commission may transfer to 
the Commission any appropriated funds for the activity.
    ``(c) Treatment.--Any funds transferred to a Commission under this 
section--
            ``(1) shall remain available until expended; and
            ``(2) may, to the extent necessary to carry out this 
        subtitle, be transferred to, and merged with, the amounts made 
        available by appropriations Acts for the Commission by the 
        Federal Cochairperson.''.
    (b) Clerical Amendment.--The analysis for chapter 153 of subtitle V 
of title 40, United States Code, is amended by striking the item 
relating to section 15308 and inserting the following:

``15308. Transfer of funds from other Federal agencies.
``15309. Annual reports.''.

SEC. 4. ECONOMIC AND INFRASTRUCTURE DEVELOPMENT GRANTS.

    Section 15501 of title 40, United States Code, is amended--
            (1) in subsection (a)--
                    (A) by redesignating paragraphs (4) through (9) as 
                paragraphs (6) through (11), respectively; and
                    (B) by inserting after paragraph (3) the following:
            ``(4) to design, build, implement, or upgrade 
        transportation or basic public infrastructure or workforce 
        capacity to support the adaption to and mitigation of climate 
        challenges;
            ``(5) to promote the production of housing to meet economic 
        development and workforce needs;''; and
            (2) in subsection (b), by striking ``paragraph (1), (2), 
        (3), or (7)'' and inserting ``paragraph (1), (2), (3), (4), 
        (5), (7), or (9)''.

SEC. 5. FINANCIAL ASSISTANCE.

    (a) In General.--Chapter 155 of subtitle V of title 40, United 
States Code, is amended by adding at the end the following:
``Sec. 15507. Discretionary grants
    ``(a) Grants to Which Percentage Limitation Doesn't Apply.--
Discretionary grants made by a Commission to implement significant 
regional initiatives, to take advantage of special development 
opportunities, or to respond to emergency economic distress in the 
region of the Commission may be made without regard to the percentage 
limitations described in section 15501(d).
    ``(b) Limitation on Aggregate Amount.--For each fiscal year, the 
aggregate amount of discretionary grants referred to in subsection (a) 
shall not be more than 10 percent of the amount made available to carry 
out this subtitle for the fiscal year.
``Sec. 15508. Payment of non-Federal share for certain Federal grant 
              programs
    ``Notwithstanding any other provision of law relating to payment of 
a non-Federal share of a project carried out under a Federal grant 
program, amounts made available to carry out this subtitle shall be 
available for the payment of such a non-Federal share for any project 
for which a Commission is not the sole or primary funding source, 
subject to the condition that the project is consistent with the 
purposes of the Commission.''.
    (b) Clerical Amendment.--The analysis for chapter 155 of subtitle V 
of title 40, United States Code, is amended by adding at the end the 
following:

``15507. Discretionary grants.
``15508. Payment of non-Federal share for certain Federal grant 
                            programs.''.

SEC. 6. NORTHERN BORDER REGIONAL COMMISSION.

    (a) Counties in Maine and New Hampshire.--Section 15733 of title 
40, United States Code, is amended--
            (1) in paragraph (1), by inserting ``Lincoln,'' after 
        ``Knox,''; and
            (2) in paragraph (2), by inserting ``Merrimack,'' after 
        ``Grafton,''.
    (b) Authorization of Appropriations.--Section 15751 of title 40, 
United States Code, is amended by striking subsection (a) and inserting 
the following:
    ``(a) In General.--There are authorized to be appropriated to each 
Commission to carry out this subtitle--
            ``(1) $50,000,000 for each of fiscal years 2023 through 
        2027; and
            ``(2) $60,000,000 for each of fiscal years 2028 through 
        2032.''.

SEC. 7. NORTHERN FOREST REGION PROGRAMS.

    (a) In General.--Subtitle V of title 40, United States Code, is 
amended by adding at the end the following:

             ``CHAPTER 159--NORTHERN FOREST REGION PROGRAMS

``Sec. 15901. Definitions
    ``In this chapter:
            ``(1) NBRC.--The term `NBRC' means the Northern Border 
        Regional Commission established by section 15301(a)(3).
            ``(2) Northern forest region.--The term `Northern Forest 
        region' means the counties included in the NBRC under section 
        15733.
``Sec. 15902. State capacity building grant program
    ``(a) Definitions.--In this section:
            ``(1) Commission state.--The term `Commission State' means 
        each of the States of Maine, New Hampshire, New York, and 
        Vermont.
            ``(2) Eligible county.--The term `eligible county' means a 
        county described in section 15733.
            ``(3) Program.--The term `program' means the State capacity 
        building grant program established under subsection (b).
    ``(b) Establishment.--The NBRC shall establish a State capacity 
building grant program to provide grants to Commission States to carry 
out the purpose under subsection (c).
    ``(c) Purpose.--The purpose of the program is to support the 
efforts of the NBRC--
            ``(1) to better support business retention and expansion in 
        eligible counties;
            ``(2) to create programs to encourage job creation and 
        workforce development in eligible counties;
            ``(3) to prepare economic and infrastructure plans for 
        eligible counties;
            ``(4) to expand access to high-speed broadband in eligible 
        counties;
            ``(5) to provide technical assistance that results in NBRC 
        investments in transportation, water, wastewater, and other 
        critical infrastructure;
            ``(6) to create initiatives to increase the effectiveness 
        of local development districts in eligible counties; and
            ``(7) to implement new or innovative economic development 
        practices that will better position the eligible counties of 
        Commission States to compete in the global economy.
    ``(d) Use of Funds.--
            ``(1) In general.--Funds from a grant under the program may 
        be used to support a project, program, or related expense of 
        the Commission State in an eligible county.
            ``(2) Limitation.--Funds from a grant under the program 
        shall not be used for--
                    ``(A) the purchase of furniture, fixtures, or 
                equipment;
                    ``(B) the compensation of--
                            ``(i) any State member of the Commission 
                        (as described in section 15301(b)(1)(B)); or
                            ``(ii) any State alternate member of the 
                        Commission (as described in section 
                        15301(b)(2)(B)); or
                    ``(C) the cost of supplanting existing State 
                programs.
    ``(e) Annual Work Plan.--
            ``(1) In general.--For each fiscal year, before providing a 
        grant under the program, each Commission State shall provide to 
        the NBRC an annual work plan that includes the proposed use of 
        the grant.
            ``(2) Approval.--No grant under the program shall be 
        provided to a Commission State unless the NBRC has approved the 
        annual work plan of the State.
    ``(f) Amount of Grant.--
            ``(1) In general.--The amount of a grant provided to a 
        Commission State under the program for a fiscal year shall be 
        based on the proportion that--
                    ``(A) the amount paid by the Commission State 
                (including any amounts paid on behalf of the Commission 
                State by a nonprofit organization) for administrative 
                expenses for the applicable fiscal year (as determined 
                under section 15304(c)); bears to
                    ``(B) the amount paid by all Commission States 
                (including any amounts paid on behalf of a Commission 
                State by a nonprofit organization) for administrative 
                expenses for that fiscal year (as determined under that 
                section).
            ``(2) Requirement.--To be eligible to receive a grant under 
        the program for a fiscal year, a Commission State (or a 
        nonprofit organization on behalf of the Commission State) shall 
        pay the amount of administrative expenses of the Commission 
        State for the applicable fiscal year (as determined under 
        section 15304(c)).
            ``(3) Approval.--For each fiscal year, a grant provided 
        under the program shall be approved and made available as part 
        of the approval of the annual budget of the NBRC.
    ``(g) Grant Availability.--Funds from a grant under the program 
shall be available only during the fiscal year for which the grant is 
provided.
    ``(h) Report.--Each fiscal year, each Commission State shall submit 
to the NBRC and make publicly available a report that describes the use 
of the grant funds and the impact of the program in the Commission 
State.
    ``(i) Continuation of Program.--The program under this section 
shall be a continuation of the program under section 6304(c) of the 
Agriculture Improvement Act of 2018 (40 U.S.C. 15501 note; Public Law 
115-334) (as in effect on the day before the date of enactment of this 
section).
    ``(j) Funding.--
            ``(1) In general.--There is authorized to be appropriated 
        to carry out this section $5,000,000 for each of fiscal years 
        2023 through 2032.
            ``(2) Supplement, not supplant.--Funds made available to 
        carry out this section shall supplement and not supplant funds 
        made available for the NBRC and other activities of the NBRC.
``Sec. 15903. Demonstration health projects
    ``(a) Purpose.--To demonstrate the value of adequate health 
facilities and services to the economic development of the Northern 
Forest region, the NBRC may make grants for the planning, construction, 
equipment, and operation of demonstration health, nutrition, and child 
care projects, including hospitals, regional health diagnostic and 
treatment centers, and other facilities and services necessary for the 
purposes of this section.
    ``(b) Planning Grants.--
            ``(1) Authority to provide amounts and make grants.--The 
        NBRC may make grants for expenses of planning necessary for the 
        development and operation of demonstration health projects for 
        the Northern Forest region.
            ``(2) Maximum nbrc contributions.--The maximum NBRC 
        contributions for a grant for the construction or equipment of 
        any component of a demonstration health project shall be made 
        in accordance with section 15501(d).
            ``(3) Sources of assistance.--The NBRC contribution may be 
        provided entirely from amounts authorized under this section or 
        in combination with amounts provided under other Federal grant 
        programs.
            ``(4) Federal share.--Notwithstanding any provision of law 
        limiting the Federal share in other Federal grant programs 
        described in paragraph (3), amounts appropriated to carry out 
        this section may be used to increase the Federal share to the 
        maximum percentage cost of a grant authorized by paragraph (2).
    ``(c) Construction and Equipment Grants.--
            ``(1) Additional uses for construction grants.--Grants 
        under this section for construction may also be used for--
                    ``(A) the acquisition of privately owned 
                facilities--
                            ``(i) not operated for profit; or
                            ``(ii) previously operated for profit if 
                        the NBRC finds that health services would not 
                        otherwise be provided in the area served by the 
                        facility if the acquisition is not made; and
                    ``(B) initial equipment.
            ``(2) Standards for making grants.--Grants under this 
        section for construction shall be made in accordance with 
        section 15501 and shall not be incompatible with the applicable 
        provisions of title VI of the Public Health Service Act (42 
        U.S.C. 291 et seq.), the Developmental Disabilities Assistance 
        and Bill of Rights Act of 2000 (42 U.S.C. 15001 et seq.), and 
        other laws authorizing grants for the construction of health-
        related facilities, without regard to any provisions in those 
        laws relating to appropriation authorization ceilings or to 
        allotments among the States.
            ``(3) Maximum nbrc contributions.--The maximum NBRC 
        contributions for a grant for the construction or equipment of 
        any component of a demonstration health project shall be made 
        in accordance with section 15501(d).
            ``(4) Sources of assistance.--The NBRC contribution may be 
        provided entirely from amounts authorized under this section or 
        in combination with amounts provided under other Federal grant 
        programs for the construction or equipment of health-related 
        facilities.
            ``(5) Federal share.--Notwithstanding any provision of law 
        limiting the Federal share in other Federal grant programs 
        described in paragraph (4), amounts authorized under this 
        section may be used to increase Federal grants for component 
        facilities of a demonstration health project to a maximum of 80 
        percent of the cost of the facilities.
    ``(d) Operation Grants.--
            ``(1) Standards for making grants.--A grant for the 
        operation of a demonstration health project shall not be made 
        unless the facility is publicly owned, or owned by a public or 
        private nonprofit organization, and is not operated for profit.
            ``(2) Maximum nbrc contributions.--Grants under this 
        section for the operation (including initial operating amounts 
        and operating deficits, including the cost of attracting, 
        training, and retaining qualified personnel) of a demonstration 
        health project, whether or not constructed with amounts 
        authorized to be appropriated by this section, shall be made in 
        accordance with section 15501(d).
            ``(3) Sources of assistance.--The NBRC contribution may be 
        provided entirely from amounts appropriated to carry out this 
        section or in combination with amounts provided under other 
        Federal grant programs for the operation of health related 
        facilities and the provision of health and child development 
        services, including parts A and B of title IV and title XX of 
        the Social Security Act (42 U.S.C. 601 et seq., 620 et seq., 
        1397 et seq.).
            ``(4) Federal share.--Notwithstanding any provision of law 
        limiting the Federal share in those other programs, amounts 
        appropriated to carry out this section may be used to increase 
        Federal grants for operating components of a demonstration 
        health project to the maximum percentage cost of a grant 
        authorized by this subsection.
            ``(5) State deemed to meet requirement of providing 
        assistance or services on statewide basis.--Notwithstanding any 
        provision of the Social Security Act (42 U.S.C. 301 et seq.) 
        requiring assistance or services on a statewide basis, a State 
        providing assistance or services under a Federal grant program 
        described in paragraph (3) in any area of the region approved 
        by the NBRC is deemed to be meeting that requirement.
    ``(e) Emphasis on Programs To Address Substance Use Disorders.--To 
provide for the further development of the human resources of the 
Northern Forest region, grants under this section shall give special 
emphasis to projects and activities to address substance use disorders, 
including opioid and methamphetamine use, in the Northern Forest 
region, including projects and activities--
            ``(1) to increase access to and disseminate information on 
        the availability of substance use disorder treatment programs;
            ``(2) to strengthen the substance use disorder workforce 
        operating in the Northern Forest region, including programs to 
        attract and retain relevant health care services, businesses, 
        and staff;
            ``(3) to facilitate the sharing of best practices among 
        States, counties, and other experts in the Northern Forest 
        region with respect to reducing substance use disorders;
            ``(4) to initiate or expand programs designed to eliminate 
        or reduce the harm to the workforce and economic growth of the 
        region that results from that abuse; and
            ``(5) to develop relevant infrastructure, including 
        broadband infrastructure that supports the use of 
        telemedicine.''.
    (b) Repeal.--Section 6304(c) of the Agriculture Improvement Act of 
2018 (40 U.S.C. 15501 note; Public Law 115-334) is repealed.
    (c) Clerical Amendment.--The table of sections for subtitle V of 
title 40, United States Code, is amended by inserting after the item 
relating to chapter 157 the following:

             ``Chapter 159-Northern Forest Region Programs

``15901. Definitions.
``15902. State capacity building grant program.
``15903. Demonstration health projects.''.
                                 &lt;all&gt;
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