[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 3698 Introduced in Senate (IS)]
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117th CONGRESS
2d Session
S. 3698
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 17, 2022
Mrs. Shaheen (for herself, Mr. Leahy, Ms. Collins, Mrs. Gillibrand, Mr.
Sanders, Mr. King, Ms. Hassan, and Mr. Schumer) 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 2022''.
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. 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), or
(9)''.
SEC. 4. 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 2022 through
2026; and
``(2) $60,000,000 for each of fiscal years 2027 through
2031.''.
SEC. 5. 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
2019 through 2028.
``(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.''.
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