Federal
Northern Border Regional Commission Reauthorization Act of 2023
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I
118TH CONGRESS
1ST SESSION H. R. 4188
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 HOUSE OF REPRESENTATIVES
JUNE 15, 2023
Ms. STEFANIK (for herself, Ms. KUSTER, Ms. TENNEY, Ms. PINGREE, Mr.
GOLDEN of Maine, Mr. PAPPAS, Ms. BALINT, and Mr. MOLINARO) intro-
duced the following bill; which was referred to the Committee on Trans-
portation and Infrastructure, and in addition to the Committee on Finan-
cial Services, for a period to be subsequently determined by the Speaker,
in each case for consideration of such provisions as fall within the juris-
diction of the committee concerned
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 Representa-
1
tives of the United States of America in Congress assembled,
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SECTION 1. SHORT TITLE.
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This Act may be cited as the ‘‘Northern Border Re-
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gional Commission Reauthorization Act of 2023’’.
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SEC. 2. REGIONAL COMMISSIONS MODIFICATIONS.
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(a)
MEMBERSHIP
OF
COMMISSIONS.—Section
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15301(b)(2)(C) of title 40, United States Code, is amend-
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ed—
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(1) by striking ‘‘An alternate member’’ and in-
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serting the following:
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‘‘(i)
IN
GENERAL.—An
alternate
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member’’; and
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(2) by adding at the end the following:
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‘‘(ii) STATE ALTERNATES.—If the al-
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ternate State member is unable to vote in
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accordance with clause (i), the alternate
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State member may delegate voting author-
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ity to a designee, subject to the condition
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that the executive director shall be notified,
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in writing, of the designation not less than
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1 week before the applicable vote is to take
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place.’’.
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(b) DECISIONS OF COMMISSIONS.—Section 15302 of
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title 40, United States Code, is amended—
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(1) in subsection (a), by inserting ‘‘or State al-
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ternate members, including designees’’ after ‘‘State
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members’’; and
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(2) by striking subsection (c) and inserting the
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following:
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‘‘(c) QUORUMS.—
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‘‘(1) IN GENERAL.—Subject to paragraph (2), a
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Commission shall determine what constitutes a
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quorum for meetings of the Commission.
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‘‘(2) REQUIREMENTS.—Any quorum for meet-
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ings of a Commission shall include—
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‘‘(A) the Federal Cochairperson or the al-
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ternate Federal Cochairperson; and
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‘‘(B) a majority of State members or alter-
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nate State members, including designees (exclu-
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sive of members representing States delinquent
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under section 15304(c)(3)(C)).’’.
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(c) ADMINISTRATIVE POWERS AND EXPENSES OF
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COMMISSIONS.—Section 15304(a)(9) of title 40, United
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States Code, is amended by striking ‘‘maintain a govern-
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ment relations office in the District of Columbia and’’.
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(d) MEETINGS OF COMMISSIONS.—Section 15305(b)
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of title 40, United States Code, is amended by striking
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‘‘with the Federal Cochairperson’’ and all that follows
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through the period at the end and inserting the following:
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‘‘with—
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‘‘(1) the Federal Cochairperson; and
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‘‘(2) at least a majority of the State members
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or alternate State members (including designees)
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present in-person or via electronic means.’’.
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•HR 4188 IH
SEC. 3. TRANSFER OF FUNDS FROM OTHER FEDERAL
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AGENCIES.
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(a) IN GENERAL.—Chapter 153 of subtitle V of title
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40, United States Code, is amended—
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(1) by redesignating section 15308 as section
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15309; and
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(2) by inserting after section 15307 the fol-
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lowing:
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‘‘§ 15308. Transfer of funds from other Federal agen-
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cies
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‘‘(a) IN GENERAL.—Subject to subsection (c), for
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purposes of this subtitle, each Commission may accept
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transfers of funds from other Federal agencies.
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‘‘(b) TRANSFERS.—Any Federal agency authorized to
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carry out an activity that is within the authority of a Com-
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mission may transfer to the Commission any appropriated
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funds for the activity.
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‘‘(c) TREATMENT.—Any funds transferred to a Com-
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mission under this section—
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‘‘(1) shall remain available until expended; and
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‘‘(2) may, to the extent necessary to carry out
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this subtitle, be transferred to, and merged with, the
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amounts made available by appropriations Acts for
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the Commission by the Federal Cochairperson.’’.
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(b) CLERICAL AMENDMENT.—The analysis for chap-
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ter 153 of subtitle V of title 40, United States Code, is
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•HR 4188 IH
amended by striking the item relating to section 15308
1
and inserting the following:
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‘‘15308. Transfer of funds from other Federal agencies
‘‘15309. Annual reports’’.
SEC. 4. ECONOMIC AND INFRASTRUCTURE DEVELOPMENT
3
GRANTS.
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Section 15501 of title 40, United States Code, is
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amended—
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(1) in subsection (a)—
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(A)
by
redesignating
paragraphs
(7)
8
through (9) as paragraphs (8) through (10), re-
9
spectively;
10
(B)
by
redesignating
paragraphs
(4)
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through (6) as paragraphs (5) through (7), re-
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spectively;
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(C) by inserting after paragraph (3) the
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following:
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‘‘(4) to promote the production of housing to
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meet economic development and workforce needs;’’;
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and
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(D) in paragraph (6) (as redesignated by
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subparagraph (A)) by inserting before the semi-
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colon the following: ‘‘, including to plan, con-
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struct, acquire equipment, and operate health,
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nutrition, and child care projects, including hos-
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pitals, regional health diagnostic and treatment
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•HR 4188 IH
centers, and other facilities and services, includ-
1
ing—
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‘‘(A) the acquisition of privately owned fa-
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cilities by an eligible entity—
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‘‘(i) not operated for profit; or
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‘‘(ii) previously operated for profit if
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the Commission finds that health services
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would not otherwise be provided in the
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area served by the facility if the acquisition
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is not made; and
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‘‘(B) initial equipment;’’;
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(2) in subsection (b), by striking ‘‘paragraph
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(1), (2), (3), or (7)’’ and inserting ‘‘paragraph (1),
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(2), (3), (4), (5), or (8)’’.
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SEC. 5. FINANCIAL ASSISTANCE.
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(a) IN GENERAL.—Chapter 155 of subtitle V of title
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40, United States Code, is amended by adding at the end
17
the following:
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‘‘§ 15507. Discretionary grants
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‘‘(a) GRANTS TO WHICH PERCENTAGE LIMITATION
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DOESN’T APPLY.—Discretionary grants made by a Com-
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mission to implement significant regional initiatives, to
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take advantage of special development opportunities, or to
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respond to emergency economic distress in the region of
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•HR 4188 IH
the Commission may be made without regard to the per-
1
centage limitations described in section 15501(d).
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‘‘(b) LIMITATION
ON AGGREGATE AMOUNT.—For
3
each fiscal year, the aggregate amount of discretionary
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grants referred to in subsection (a) shall not be more than
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10 percent of the amount made available to carry out this
6
subtitle for the fiscal year.
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‘‘§ 15508. Payment of non-Federal share for certain
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Federal grant programs
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‘‘Notwithstanding any other provision of law relating
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to payment of a non-Federal share of a project carried
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out under a Federal grant program, amounts made avail-
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able to carry out this subtitle shall be available for the
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payment of such a non-Federal share for any project for
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which a Commission is not the sole or primary funding
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source, subject to the condition that the project is con-
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sistent with the purposes of the Commission.’’.
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(b) CLERICAL AMENDMENT.—The analysis for chap-
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ter 155 of subtitle V of title 40, United States Code, is
19
amended by adding at the end the following:
20
‘‘15507. Discretionary grants
‘‘15508. Payment of non-Federal share for certain Federal grant programs’’.
SEC. 6. NORTHERN BORDER REGIONAL COMMISSION.
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(a) COUNTIES
IN MAINE, NEW HAMPSHIRE
AND
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NEW YORK.—Section 15733 of title 40, United States
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Code, is amended—
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•HR 4188 IH
(1) in paragraph (1), by inserting ‘‘Lincoln,’’
1
after ‘‘Knox,’’;
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(2)
in
paragraph
(2),
by
inserting
3
‘‘Merrimack,’’ after ‘‘Grafton,’’; and
4
(3) in paragraph (3)—
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(A) by inserting ‘‘Schoharie’’ after ‘‘Sche-
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nectady,’’; and
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(B)
by
inserting
‘‘Wyoming’’
after
8
‘‘Wayne,’’.
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(b) AUTHORIZATION OF APPROPRIATIONS.—Section
10
15751 of title 40, United States Code, is amended by
11
striking subsection (a) and inserting the following:
12
‘‘(a) IN GENERAL.—There are authorized to be ap-
13
propriated to each Commission to carry out this subtitle
14
$40,000,000 for each of fiscal years 2023 through 2027
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and $45,000,000 for each of fiscal years 2028 through
16
2032.’’.
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Æ
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