[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 5180 Introduced in Senate (IS)]
<DOC>
117th CONGRESS
2d Session
S. 5180
To establish the Great Lakes Authority, and for other purposes.
_______________________________________________________________________
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.
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 ``Great Lakes Authority Act of 2022''.
SEC. 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.
SEC. 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.
SEC. 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,''.
SEC. 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.
SEC. 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).
SEC. 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.
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