II 117th CONGRESS 2d Session S. 5180 IN THE SENATE OF THE UNITED STATES December 1, 2022 Ms. Stabenow (for herself and Mr. Portman ) introduced the following bill; which was read twice and referred to the Committee on Environment and Public Works A BILL To establish the Great Lakes Authority, and for other purposes.

1. Short title This Act may be cited as the Great Lakes Authority Act of 2022 . 2. Definitions In this Act: (1) Authority The term Authority means the Great Lakes Authority established by section 3(a)(1). (2) Great Lakes The term Great Lakes has the meaning given the term in section 118(a)(3) of the Federal Water Pollution Control Act ( 33 U.S.C. 1268(a)(3) ). (3) Great Lakes Commission The term Great Lakes Commission means the Great Lakes Commission established by article IV of the Great Lakes Basin Compact. (4) Great Lakes Basin Compact The term Great Lakes Basin Compact means the Great Lakes Basin Compact to which Congress granted consent in the Act of July 24, 1968 ( Public Law 90–419 ; 82 Stat. 414). (5) Great Lakes region The term Great Lakes region means counties in the States of— (A) Ohio (other than counties served by the Appalachian Regional Commission established by section 14301(a) of title 40, United States Code); (B) Illinois (other than counties served by the Delta Regional Authority established under subtitle F of the Consolidated Farm and Rural Development Act ( 7 U.S.C. 2009aa et seq. )); (C) Indiana; (D) Michigan; and (E) Wisconsin. (6) Indian Tribe The term Indian Tribe has the meaning given the term in section 4 of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 5304 ). (7) Land bank The term land bank means a government entity, agency, or program, or a special purpose nonprofit entity formed by 1 or more units of government in accordance with a State or local land bank enabling law, that has been designated by 1 or more State or local governments to acquire, steward, repurpose, or dispose of vacant, abandoned, or other problem properties in accordance with locally determined priorities and goals. (8) Local development district The term local development district means any of the following entities for which the Governor of the State in which the entity is located, or the appropriate State officer, certifies to the Authority that the entity has a charter or authority that includes the economic development of counties or parts of counties or other political subdivisions within the Great Lakes region: (A) A nonprofit incorporated body organized or chartered under the law of the State in which it is located. (B) A nonprofit agency or instrumentality of a State or local government. (C) A nonprofit agency or instrumentality created through an interstate compact. (D) An economic development district (as defined in section 3 of the Public Works and Economic Development Act of 1965 ( 42 U.S.C. 3122 )). (E) A nonprofit association or combination of bodies, agencies, entities, and instrumentalities described in subparagraphs (A) through (D). (9) Participating State The term participating State means a State located within the Great Lakes region that elects to participate in the Authority. 3. Great Lakes Authority (a) Establishment, membership, and employees (1) In general There is established the Great Lakes Authority. (2) Membership (A) Federal and State members The Authority shall be composed of the following members: (i) A Federal Cochairperson, to be appointed by the President, not later than 60 days after the date of enactment of this Act, by and with the advice and consent of the Senate. (ii) A State Cochairperson, to be appointed in accordance with subparagraph (C)(ii). (iii) The Governor of each participating State. (B) Alternate members (i) Alternate federal cochairperson (I) In general The President shall appoint an alternate Federal Cochairperson for the Authority. (II) Duties The alternate Federal Cochairperson appointed under subclause (I), when not actively serving as an alternate for the Federal Cochairperson, shall perform such functions and duties as are delegated by the Federal Cochairperson. (ii) State alternates The State member of a participating State may have a single alternate, who shall be appointed by the Governor of the participating State from among the members of the cabinet or personal staff of the Governor. (iii) Voting An alternate member shall vote in the case of the absence, death, disability, removal, or resignation of the Federal or State member for which the alternate member is an alternate. (C) Cochairpersons The Authority shall be headed by— (i) the Federal Cochairperson, who shall serve as a liaison between the Federal Government and the Authority; and (ii) a State Cochairperson, who shall be a Governor of a participating State and shall be elected by the State members for a term of not less than 1 year. (D) Consecutive terms A State member may not be elected to serve as State Cochairperson for more than 2 consecutive terms. (E) Qualifications To be eligible to be appointed as the Federal Cochairperson under subparagraph (A) or the alternate Federal Cochairperson under subparagraph (B)(i), an individual— (i) shall— (I) be a citizen of the United States; (II) be a legal resident of a State within the Great Lakes region; (III) have management expertise relating to a large for-profit or nonprofit corporate, government, or academic institution in a field of study or industry relating to the functions of the Authority; and (IV) make full disclosure to Congress of any investments or other financial interests that the individual may hold; and (ii) shall not be an employee of the Authority. (3) Compensation (A) Federal Cochairperson The Federal Cochairperson shall be compensated by the Federal Government at level III of the Executive Schedule as described in section 5314 of title 5, United States Code. (B) Alternate Federal Cochairpersons Each alternate Federal Cochairperson shall be compensated by the Federal Government at level V of the Executive Schedule as described in section 5316 of title 5, United States Code. (C) State members and alternates Each State member and alternate shall be compensated by the applicable participating State represented by the member or alternate at an appropriate rate in accordance with the laws of that State. (4) Executive Director and Staff (A) In general (i) In general Subject to clause (ii), the Authority shall fix the compensation of an Executive Director and such other personnel as are necessary to enable the Authority to carry out the duties of the Authority. (ii) Maximum compensation Compensation fixed under clause (i) may not exceed the maximum rate of basic pay established for the Senior Executive Service under section 5382 of title 5, United States Code, including any applicable locality-based comparability payment that may be authorized under section 5304(h)(2)(C) of that title. (B) Eligibility The Executive Director shall comply with the same qualification requirements for the Federal Cochairperson and State members of the Authority, as described in paragraph (2)(E). (C) Duties of Executive Director The Executive Director shall be responsible for— (i) carrying out the administrative duties of the Authority; (ii) directing the Authority staff; and (iii) such other duties as the Authority may assign. (5) No Federal employee status No member, alternate, officer, or employee of the Authority (other than the Federal Cochairperson, the alternate Federal Cochairperson, staff of the Federal Cochairperson, and any Federal employee detailed to the Authority) shall be considered to be a Federal employee for any purpose. (6) Removal The Federal Cochairperson and the alternate Federal Cochairperson may be removed by the President only for inefficiency, neglect of duty, or malfeasance in office. (7) Commencement of operations The Authority shall begin operations when— (A) the Federal Cochairperson has been appointed by the President and confirmed by the Senate; and (B) not fewer than 2 States in the Great Lakes region have elected to participate in the Authority. (b) Decisions of the Authority (1) Requirements for approval Except as provided in subsection (d)(3)(C), decisions by the Authority shall require the affirmative vote of the Federal Cochairperson and a majority of the State members (exclusive of members representing participating States that are delinquent under clause (iii) of that subsection) at the applicable meeting in which the decision is being considered. (2) Consultation In matters coming before the Authority, the Federal Cochairperson shall, to the extent practicable, consult with the Federal and State departments and agencies having an interest in the subject matter, including transportation planning entities in the Great Lakes region. (3) Quorum A quorum of the Federal Cochairperson or the alternate Federal Cochairperson and 2 State members of the Authority shall be required to be present at any meeting in order for the Authority to make any policy decision, including a modification or revision of a Authority policy decision. (c) Functions (1) In general The Authority shall— (A) promote economic development and job creation and to create worldclass worker education and training institutions to spur economic growth, especially in communities that have been disproportionately affected by the outsourcing of jobs, in the Great Lakes region; (B) foster innovation and strengthen and expand the core manufacturing and industrial base in the Great Lakes region; (C) not later than 1 year after the date of enactment of this Act, and after taking into account State plans developed under section 6, develop an economic development plan for the Great Lakes region, including priorities and 5-year regional outcome targets; (D) provide technical assistance to eligible entities receiving a grant from the Authority under the economic development grant program under section 5; (E) develop, on a continuing basis, comprehensive and coordinated economic and workforce development plans and programs and establish priorities under those plans and programs, giving due consideration to other Federal, State, Tribal, and local planning efforts in the Great Lakes region; (F) enhance the capacity of, and provide support for, local development districts in the Great Lakes region; (G) review and study, in cooperation with the applicable Federal, State, Tribal, or local agency or department involved, Federal, State, Tribal, and local public and private economic and workforce development programs and, where appropriate, recommend modifications or additions that will increase the effectiveness of those programs in the Great Lakes region; (H) consult with Federal agencies in the Great Lakes region on economic development activities; (I) promote coordination with the government of Canada, including the provinces and local governmental entities around the Great Lakes region, on economic and workforce development activities; (J) consult with economic development districts throughout the Great Lakes region to advance the functions of the Authority; (K) conduct and sponsor investigations, research, and studies, including an inventory and analysis of the economic resources of the Great Lakes region; (L) in cooperation with Federal, State, Tribal, and local agencies, sponsor demonstration projects designed to foster productivity and growth in the Great Lakes region; (M) encourage private investment in industrial, commercial, and recreational projects in the Great Lakes region; (N) support broadband access and adoption in the Great Lakes region; and (O) in coordination with the Great Lakes Commission, provide a forum for consideration of economic and environmental problems of the Great Lakes region, and proposed solutions to those problems, and establish and utilize, as appropriate, citizens and special advisory councils and public conferences. (2) Identify needs and goals of subregional areas In carrying out the functions of the Authority under paragraph (1), the Authority shall identify the characteristics, and may distinguish between the economic needs and goals, of appropriate subregional areas, including the respective watersheds of each of the Great Lakes. (d) Administrative powers and expenses (1) Powers In carrying out the duties of the Authority under this Act, the Authority may— (A) enter into agreements and contracts with eligible recipients (as defined in section 5(a)) in furtherance of the business of the Authority; (B) provide technical assistance to eligible recipients (as so defined) receiving or seeking a grant from the Authority; (C) adopt, amend, and repeal bylaws and regulations governing the conduct of the business of the Authority and the performance of the functions of the Authority; (D) make arrangements, including contracts, with any participating State for inclusion in a suitable retirement and employee benefit system of Authority personnel who may not be eligible for, or continue in, another governmental retirement or employee benefit system, or otherwise provide for that coverage of the personnel of the Authority; (E) enter into and perform contracts, leases (including the lease of office space for any term), cooperative agreements, or other transactions necessary in order to carry out the functions of the Authority, on such terms as the Authority considers to be appropriate, with any— (i) department, agency, or instrumentality of the Federal Government; or (ii) participating State or political subdivision, agency, or instrumentality of a participating State; (F) accept, use, and dispose of gifts, donations, services, or any property; (G) maintain a governmental relations office in the District of Columbia; (H) establish a permanent office and headquarters in the Great Lakes region; (I) establish field offices at other places throughout the Great Lakes region, as determined appropriate by the Authority; and (J) take any other actions and incur any other expenses as may be necessary or appropriate. (2) Federal agency cooperation Each Federal agency shall— (A) cooperate with the Authority; and (B) provide, to the extent practicable, on request of the Federal Cochairperson, appropriate assistance in carrying out this Act, in accordance with applicable Federal laws (including regulations). (3) Administrative expenses (A) In general Subject to subparagraph (B), the administrative expenses of the Authority shall be paid— (i) by the Federal Government, in an amount equal to 50 percent of the administrative expenses of the Authority; and (ii) by participating States, in an amount equal to 50 percent of those administrative expenses. (B) Expenses of the Federal chairperson All expenses of the Federal Cochairperson, including expenses of the alternate and staff of the Federal Cochairperson, shall be paid by the Federal Government. (C) State share (i) In general Subject to clause (ii), the share of administrative expenses of the Authority to be paid by each participating State shall be determined by a majority vote of the State members of the Authority. (ii) No Federal participation The Federal Cochairperson shall not participate or vote in any decision under clause (i). (iii) Delinquent States (I) In general During any period in which a participating State is more than 1 year delinquent in payment of the share of the participating State of administrative expenses of the Authority under this paragraph— (aa) no assistance under this Act shall be furnished to that participating State; and (bb) no member of the Authority from that participating State shall participate or vote in any action by the Authority. (II) Economic development program Any ongoing projects in a delinquent State that are funded under section 5 may continue during the period in which the State is delinquent. (e) Meetings (1) Initial meeting The Authority shall hold an initial meeting not later than 180 days after the date of enactment of this Act. (2) Annual meeting The Authority shall conduct at least 1 meeting each year with the Federal Cochairperson and at least a majority of the State members present. (3) Additional meetings (A) In general The Authority shall conduct additional meetings at such times as the Authority determines appropriate. (B) Format The Authority may conduct meetings in person or via electronic means. (f) Personal financial interests (1) Conflicts of interest (A) No role allowed Except as permitted by subparagraph (B), an individual who is the Federal Cochairperson or alternate Federal Cochairperson, a State member or alternate, or an officer or employee of the Authority shall not participate personally and substantially as a member, alternate, officer, or employee of the Authority, through decision, approval, disapproval, recommendation, request for a ruling, or other determination, contract, claim, controversy, or other matter in which, to the knowledge of the individual, any of the following has a financial interest: (i) The individual. (ii) A spouse, minor child, or partner of the individual. (iii) An organization (except a State or political subdivision of a State) in which the individual is serving as an officer, director, trustee, partner, or employee. (iv) Any person or organization with whom the individual is negotiating or has any arrangement concerning prospective employment. (B) Exception Subparagraph (A) shall not apply if the individual, in advance of the proceeding, application, request for a ruling, or other determination, contract, claim controversy, or other particular matter presenting a potential conflict of interest— (i) advises the Authority of the nature and circumstances of the matter presenting the conflict of interest; (ii) makes full disclosure of the financial interest; and (iii) receives a written decision of the Authority that the interest is not so substantial as to be considered likely to affect the integrity of the services that the Authority may expect from the individual. (C) Violation An individual violating this paragraph shall be fined under title 18, United States Code, imprisoned for not more than 1 year, or both. (2) State member or alternate A State member or alternate State member of the Authority may not receive any salary, or any contribution to, or supplementation of, salary, for services on the Authority from a source other than the participating State represented by the member or alternate. (3) Detailed employees (A) In general No person detailed to serve the Authority shall receive any salary, or any contribution to, or supplementation of, salary, for services provided to the Authority from any source other than the State, local, or intergovernmental department or agency from which the person was detailed to the Authority. (B) Violation Any person that violates this paragraph shall be fined under title 18, United States Code, imprisoned not more than 1 year, or both. (4) Federal Cochairperson, alternate to Federal CoChairperson, and federal officers and employees The Federal Cochairperson, the alternate to the Federal Cochairperson, and any Federal officer or employee detailed with the Authority are not subject to this subsection but remain subject to sections 202 through 209 of title 18, United States Code. (5) Rescission The Authority may declare void any contract, loan, or grant of or by the Authority in relation to which the Authority determines that there has been a violation of any of paragraphs (1)(A), (2), or (3), or any of sections 202 through 209 of title 18, United States Code. (g) Tribal participation Governments of Indian Tribes in the Great Lakes region shall be allowed to participate in matters before the Authority in the same manner and to the same extent as State agencies and instrumentalities in the Great Lakes region. (h) Annual report Not later than 90 days after the last day of each fiscal year, the Authority shall prepare and submit to the Governor of each participating State and the President, for transmittal to Congress, a report on the activities carried out under this Act during the preceding fiscal year. 4. Inspector general Section 8G(a)(2) of the Inspector General Act of 1978 (5 U.S.C. App.) is amended by inserting the Great Lakes Authority, after the Federal Trade Commission, . 5. Economic development grant program (a) Definition of eligible recipient In this section, the term eligible recipient means— (1) a State; (2) a political subdivision of a State or a local government; (3) a public agency or publicly chartered authority established by 1 or more States; (4) a special purpose district with a transportation, energy, environmental, or economic development function; (5) an Indian Tribe or a consortium of Indian Tribes; (6) an institution of higher education (as defined in section 101(a) of the Higher Education Act of 1965 ( 20 U.S.C. 1001(a) )); (7) a nonprofit entity; (8) a local development district; (9) a multistate or multijurisdictional group of entities described in any of paragraphs (1) through (8); and (10) an entity described in any of paragraphs (1) through (8) acting jointly with a private entity or group of private entities. (b) Grants The Authority may award grants, on a competitive basis, to eligible recipients to promote economic and workforce development, and to combat poverty and economic decline, in the Great Lakes region. (c) Use of funds An eligible recipient receiving a grant under this section may use the grant to carry out projects in the Great Lakes region, which shall include 1 or more of the following activities: (1) Acquiring or developing land, including making improvements to that land, for use for public works, public service, or development facilities. (2) Supporting the development of, and reinvestment in, land banks in the Great Lakes region. (3) Supporting wastewater infrastructure projects. (4) Broadband infrastructure projects. (5) Water infrastructure projects. (6) Weatherization and lead abatement projects. (7) Supporting port infrastructure projects, including supporting and expanding seaport infrastructure— (A) to enhance the movement of people or goods; (B) to reduce greenhouse gas emissions; (C) to improve water quality; and (D) to improve resiliency. (8) Promoting workforce education and training programs in the Great Lakes region, including programs that support incumbent workers that have experienced economic displacement or train youth to assume in-demand occupations within the Great Lakes region. (9) Promoting the development of renewable and alternative energy sources. (10) Promoting resource conservation, tourism, recreation, and preservation of open space in a manner consistent with economic development goals for the Great Lakes region. (11) Supporting entrepreneurship, business development, and technology development in the Great Lakes region. (12) Growing the capacity for successful community economic development in the Great Lakes region. (13) Facilitating the construction or rehabilitation of housing to meet the needs of low-income and moderate-income families and individuals in the Great Lakes region. (14) Developing surface transportation infrastructure in the Great Lakes region. (15) Supporting severely economically distressed communities in the Great Lakes region by improving basic health care and other public services. (16) Any other activity that achieves the purpose of the grants described in subsection (b), as determined by the Authority. (d) Considerations In selecting activities to receive a grant from the Authority under this section, and in establishing a priority ranking for applications submitted to the Authority for assistance under this section, the Authority shall follow procedures that ensure, to the maximum extent practicable, consideration of— (1) the relationship of the project or class of projects to overall development and poverty alleviation in the Great Lakes region, including whether the location of the project is in a severely and persistently distressed county or area; (2) the population and area to be served by the project or class of projects, including the per capita market income and the unemployment rates in the area; (3) the relative financial resources available to the eligible recipient that seeks to undertake the project; (4) the importance of the project or class of projects in relation to other projects or classes of projects that may be in competition for the same amounts under this section; (5) the prospects that the project for which assistance is sought will improve, on a continuing rather than a temporary basis, the opportunities for employment in the Great Lakes region, including for populations with the highest unemployment rates, the average level of income, or the economic and social development of the area served by the project; and (6) the extent to which the project design provides for detailed outcome measurements by which financing expenditures may be evaluated. (e) Request for data for broadband infrastructure projects Before making a grant for a project or activity described in subsection (c)(4), the Authority shall request from the Federal Communications Commission, the National Telecommunications and Information Administration, the Economic Development Administration, and the Department of Agriculture data on— (1) the level and extent of broadband service that exists in the area proposed to be served by the broadband service-related infrastructure; and (2) the level and extent of broadband service that will be deployed in the area proposed to be served by the broadband service-related infrastructure pursuant to another Federal program. (f) Maximum Authority contributions (1) In general In accordance with paragraph (2), the Authority may contribute not more than 90 percent of a project or activity cost eligible for financial assistance under this section from amounts appropriated to carry out this section. (2) Distressed communities In making a contribution under paragraph (1), the Authority shall ensure that the Authority contributes a higher percentage for a project or activity to be carried out in a distressed community as compared to a project or activity to be carried out in a non-distressed community. (g) Maintenance of effort Funds may be provided by the Authority for a program or project in a participating State under this section only if the Authority determines that the level of Federal or State financial assistance provided under a law other than this Act, for the same type of program or project in the same area of the State within the Great Lakes region, will not be reduced as a result of funds made available by this Act. (h) Approval of applications for assistance (1) Evaluation by state member An application submitted by an eligible recipient to the Authority for a grant under this section shall be made through, and evaluated for approval by, the State member of the Authority representing the eligible recipient. (2) Certification An application submitted by an eligible recipient to the Authority for a grant under this section shall be eligible for assistance only on certification by the State member of the Authority representing the eligible recipient that the application for the project— (A) describes ways in which the project complies with any applicable State economic development plan developed under section 6(a); (B) describes the 1 or more activities intended to be carried out using grant funds; (C) adequately ensures that the project will be properly administered, operated, and maintained; and (D) otherwise meets the requirements for assistance under this section. (3) Votes for decisions On certification by a State member of the Authority of an application for a grant under this section, an affirmative vote of the Authority under section 3(b)(1) shall be required for approval of the application. (i) Consultation with the Great Lakes Commission on certain projects The Authority shall consult with the Great Lakes Commission on any project submitted by an eligible recipient to the Authority under this section that impacts the water resources of the Great Lakes basin, as described in the Great Lakes Basin Compact, prior to awarding a grant under this section for the applicable project. (j) Savings provision Nothing in this section limits, alters, or amends the Great Lakes Basin Compact. 6. Comprehensive economic development plans (a) State plans In accordance with policies established by the Authority, each State member of the Authority shall develop and submit a comprehensive economic development plan for the area of the Great Lakes region represented by that member. (b) Content of plan A State economic development plan developed under subsection (a) shall reflect the goals, objectives, and priorities identified in any applicable economic development plan developed by the Authority under section 3(c). (c) Consultation with interested local parties In carrying out the development planning process (including the selection of programs and projects for assistance) under subsection (a), a participating State shall— (1) consult with local development districts, local units of government, and local colleges and universities; and (2) take into consideration the goals, objectives, priorities, and recommendations of the entities described in paragraph (1). 7. Authorization of appropriations There is authorized to be appropriated not less than $80,000,000 for fiscal year 2023 and each fiscal year thereafter— (1) to carry out the economic development grant program under section 5; and (2) for administrative expenses of the Authority.