II 

118TH CONGRESS 

1ST SESSION S. 3479 

To amend title 40, United States Code, to modify certain requirements 

for regional commissions, to reauthorize the Southwest Border Regional 

Commission, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

DECEMBER 12, 2023 

Mr. HEINRICH (for himself, Mr. LUJA ́N, Mr. PADILLA, Ms. BUTLER, Mr. 

KELLY, and Ms. SINEMA) 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 

Southwest Border Regional Commission, and for other 

purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Southwest Border Re5 gional Commission Reauthorization Act of 2023’’. 

6 SEC. 2. MODIFICATIONS TO REGIONAL COMMISSIONS. 

7 (a) MEMBERSHIP.—Section 15301 of title 40, United 

8 States Code, is amended— 

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1 (1) in subsection (b)(2)(C)— 

2 (A) by striking ‘‘An alternate member’’ 

3 and inserting the following: 

4 ‘‘(i) IN GENERAL.—An alternate 

5 member’’; and 

6 (B) by adding at the end the following: 

7 ‘‘(ii) STATE ALTERNATES.—If the al8 ternate State member is unable to vote in 

9 accordance with clause (i), the alternate 

10 State member may delegate voting author11 ity to a designee, subject to the condition 

12 that the executive director shall be notified, 

13 in writing, of the designation not less than 

14 1 week before the applicable vote.’’; and 

15 (2) in subsection (f), by striking ‘‘a Federal em16 ployee’’ and inserting ‘‘an employee’’. 

17 (b) DECISIONS.—Section 15302 of title 40, United 

18 States Code, is amended— 

19 (1) in subsection (a), by inserting ‘‘or State al20 ternate members, including designees’’ after ‘‘State 

21 members’’; and 

22 (2) by striking subsection (c) and inserting the 

23 following: 

24 ‘‘(c) QUORUMS.— 

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1 ‘‘(1) IN GENERAL.—Subject to paragraph (2), a 

2 Commission shall determine what constitutes a 

3 quorum for meetings of the Commission. 

4 ‘‘(2) REQUIREMENTS.—Any quorum for meet5 ings of a Commission shall include— 

6 ‘‘(A) the Federal Cochairperson or the al7 ternate Federal Cochairperson; and 

8 ‘‘(B) a majority of State members or alter9 nate State members, including designees (exclu10 sive of members representing States delinquent 

11 under section 15304(c)(3)(C)).’’. 

12 (c) MEETINGS.—Section 15305(b) of title 40, United 

13 States Code, is amended by striking ‘‘with the Federal Co14 chairperson’’ and all that follows through the period at 

15 the end and inserting the following: ‘‘with— 

16 ‘‘(1) the Federal Cochairperson; and 

17 ‘‘(2) at least a majority of the State members 

18 or alternate State members, including designees, 

19 present in-person or via electronic means.’’. 

20 SEC. 3. TRANSFER OF FUNDS FROM OTHER FEDERAL 

21 AGENCIES. 

22 (a) IN GENERAL.—Chapter 153 of subtitle V of title 

23 40, United States Code, is amended— 

24 (1) by redesignating section 15308 as section 

25 15309; and 

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1 (2) by inserting after section 15307 the fol2 lowing: 

3 ‘‘§ 15308. Transfer of funds from other Federal agen4 cies 

5 ‘‘(a) IN GENERAL.—Subject to subsection (c), for 

6 purposes of this subtitle, each Commission may accept 

7 transfers of funds from other Federal agencies. 

8 ‘‘(b) TRANSFERS.—Any Federal agency authorized to 

9 carry out an activity that is within the authority of a Com10 mission may transfer to the Commission any appropriated 

11 funds for the activity. 

12 ‘‘(c) TREATMENT.—Any funds transferred to a Com13 mission under this section— 

14 ‘‘(1) shall remain available until expended; and 

15 ‘‘(2) may, to the extent necessary to carry out 

16 this subtitle, be transferred to, and merged with, the 

17 amounts made available by appropriations Acts for 

18 the Commission by the Federal Cochairperson.’’. 

19 (b) CLERICAL AMENDMENT.—The analysis for chap20 ter 153 of subtitle V of title 40, United States Code, is 

21 amended by striking the item relating to section 15308 

22 and inserting the following: 

‘‘15308. Transfer of funds from other Federal agencies. 

‘‘15309. Annual reports.’’. 

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1 SEC. 4. ECONOMIC AND INFRASTRUCTURE DEVELOPMENT 

2 GRANTS. 

3 Section 15501 of title 40, United States Code, is 

4 amended— 

5 (1) in subsection (a)— 

6 (A) by redesignating paragraphs (4) 

7 through (9) as paragraphs (6) through (11), re8 spectively; and 

9 (B) by inserting after paragraph (3) the 

10 following: 

11 ‘‘(4) to design, build, implement, or upgrade 

12 transportation or basic public infrastructure or 

13 workforce capacity to support the adaption to and 

14 mitigation of climate challenges; 

15 ‘‘(5) to promote the production of housing to 

16 meet economic development and workforce needs;’’; 

17 and 

18 (2) in subsection (b), by striking ‘‘paragraph 

19 (1), (2), (3), or (7)’’ and inserting ‘‘paragraph (1), 

20 (2), (3), (4), (5), (7), or (9)’’. 

21 SEC. 5. FINANCIAL ASSISTANCE. 

22 (a) IN GENERAL.—Chapter 155 of subtitle V of title 

23 40, United States Code, is amended by adding at the end 

24 the following: 

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1 ‘‘§ 15507. Discretionary grants 

2 ‘‘(a) GRANTS TO WHICH PERCENTAGE LIMITATION

3 DOES NOT APPLY.—A discretionary grant made by a 

4 Commission to implement significant regional initiatives, 

5 to take advantage of special development opportunities, or 

6 to respond to emergency economic distress in the region 

7 of the Commission may be made without regard to the 

8 percentage limitations described in section 15501(d). 

9 ‘‘(b) LIMITATION ON AGGREGATE AMOUNT.—For 

10 each fiscal year, the aggregate amount of discretionary 

11 grants provided in accordance with subsection (a) shall not 

12 be more than 20 percent of the amount made available 

13 to carry out this subtitle for the Commission for the fiscal 

14 year. 

15 ‘‘§ 15508. Payment of non-Federal share for certain 

16 Federal grant programs 

17 ‘‘Notwithstanding any other provision of law, 

18 amounts made available to carry out this subtitle shall be 

19 available for the payment of a non-Federal share for a 

20 project carried out under a Federal grant program if— 

21 ‘‘(1) a Commission is not the sole or primary 

22 funding source for the project; and 

23 ‘‘(2) the project is consistent with the purposes 

24 of the applicable Commission.’’. 

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1 (b) CLERICAL AMENDMENT.—The analysis for chap2 ter 155 of subtitle V of title 40, United States Code, is 

3 amended by adding at the end the following: 

‘‘15507. Discretionary grants. 

‘‘15508. Payment of non-Federal share for certain Federal grant programs.’’. 

4 SEC. 6. SOUTHWEST BORDER REGIONAL COMMISSION. 

5 (a) IN GENERAL.—Section 15732 of title 40, United 

6 States Code, is amended— 

7 (1) in paragraph (3)— 

8 (A) by inserting ‘‘Bernalillo,’’ before 

9 ‘‘Catron,’’; 

10 (B) by inserting ‘‘Cibola, Curry, De Baca,’’ 

11 after ‘‘Chaves,’’; 

12 (C) by inserting ‘‘Guadalupe,’’ after 

13 ‘‘Grant,’’; 

14 (D) by inserting ‘‘Lea,’’ after ‘‘Hidalgo,’’; 

15 (E) by inserting ‘‘Roosevelt,’’ after 

16 ‘‘Otero,’’; and 

17 (F) by striking ‘‘and Socorro’’ and insert18 ing ‘‘Socorro, Torrance, and Valencia’’; and 

19 (2) in paragraph (4), by inserting ‘‘Guadalupe,’’ 

20 after ‘‘Glasscock,’’. 

21 (b) AUTHORIZATION OF APPROPRIATIONS.—Section 

22 15751 of title 40, United States Code, is amended by 

23 striking subsection (a) and inserting the following: 

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1 ‘‘(a) IN GENERAL.—There are authorized to be ap2 propriated to each Commission to carry out this subtitle— 

3 ‘‘(1) $100,000,000 for each of fiscal years 2024 

4 through 2028; and 

5 ‘‘(2) $200,000,000 for each of fiscal years 2029 

6 through 2033.’’. 

7 SEC. 7. CAPACITY BUILDING PROGRAMS. 

8 (a) IN GENERAL.—Subtitle V of title 40, United 

9 States Code, is amended by adding at the end the fol10 lowing: 

11 ‘‘CHAPTER 159—SOUTHWEST BORDER 

12 REGION CAPACITY BUILDING PROGRAMS 

‘‘Sec. 

‘‘15901. Definition. 

‘‘15902. State capacity building grant program. 

‘‘15903. Demonstration health projects. 

‘‘15904. Water and wastewater infrastructure projects. 

13 ‘‘§ 15901. Definition 

14 ‘‘In this chapter, the term ‘SBRC’ means the South15 west Border Regional Commission established by section 

16 15301(a)(2). 

17 ‘‘§ 15902. State capacity building grant program 

18 ‘‘(a) DEFINITIONS.—In this section: 

19 ‘‘(1) COMMISSION STATE.—The term ‘Commis20 sion State’ means each of the States of Arizona, 

21 California, New Mexico, and Texas. 

22 ‘‘(2) ELIGIBLE COUNTY.—The term ‘eligible 

23 county’ means a county described in section 15732. 

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1 ‘‘(3) PROGRAM.—The term ‘program’ means 

2 the State capacity building grant program estab3 lished under subsection (b). 

4 ‘‘(b) ESTABLISHMENT.—The SBRC shall establish a 

5 State capacity building grant program to provide grants 

6 to Commission States for the purposes described in sub7 section (c). 

8 ‘‘(c) PURPOSES.—The purposes of the program are 

9 to support the efforts of the SBRC— 

10 ‘‘(1) to better support business retention and 

11 expansion in eligible counties; 

12 ‘‘(2) to create programs to encourage job cre13 ation and workforce development in eligible counties; 

14 ‘‘(3) to prepare economic and infrastructure 

15 plans for eligible counties; 

16 ‘‘(4) to expand access to high-speed broadband 

17 in eligible counties; 

18 ‘‘(5) to provide technical assistance that results 

19 in SBRC investments in transportation, water, 

20 wastewater, and other critical infrastructure; 

21 ‘‘(6) to create initiatives to increase the effec22 tiveness of local development districts in eligible 

23 counties; 

24 ‘‘(7) to implement new or innovative economic 

25 development practices that will better position the elVerDate Sep 11 2014 05:16 Dec 28, 2023 Jkt 049200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\S3479.IS S3479
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1 igible counties of Commission States to compete in 

2 the global economy; and 

3 ‘‘(8) to create new capacity building centers 

4 within universities in distressed counties (as des5 ignated under section 15702(a)(1)) in order to 

6 strengthen the capacity to train underrepresented 

7 students in professional fields for which there is a 

8 shortage of workers and to increase local capacity 

9 for project management and execution, financial 

10 management, and to leverage funding sources. 

11 ‘‘(d) USE OF FUNDS.— 

12 ‘‘(1) IN GENERAL.—Funds from a grant under 

13 the program may be used to support a project, pro14 gram, or related expense of the Commission State in 

15 an eligible county. 

16 ‘‘(2) LIMITATION.—Funds from a grant under 

17 the program shall not be used for— 

18 ‘‘(A) the purchase of furniture, fixtures, or 

19 equipment; 

20 ‘‘(B) the compensation of— 

21 ‘‘(i) any State member of the Com22 mission (as described in section 

23 15301(b)(1)(B)); or 

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1 ‘‘(ii) any State alternate member of 

2 the Commission (as described in section 

3 15301(b)(2)(B)); or 

4 ‘‘(C) the cost of supplanting existing State 

5 programs. 

6 ‘‘(e) ANNUAL WORK PLAN.— 

7 ‘‘(1) IN GENERAL.—For each fiscal year, before 

8 providing a grant under the program, each Commis9 sion State shall provide to the SBRC an annual 

10 work plan that includes the proposed use of the 

11 grant. 

12 ‘‘(2) APPROVAL.—No grant under the program 

13 shall be provided to a Commission State unless the 

14 SBRC has approved the annual work plan of the 

15 State. 

16 ‘‘(f) AMOUNT OF GRANT.— 

17 ‘‘(1) IN GENERAL.—The amount of a grant 

18 provided to a Commission State under the program 

19 for a fiscal year shall be based on the proportion 

20 that— 

21 ‘‘(A) the amount paid by the Commission 

22 State (including any amounts paid on behalf of 

23 the Commission State by a nonprofit organiza24 tion) for administrative expenses for the appliVerDate Sep 11 2014 05:16 Dec 28, 2023 Jkt 049200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\S3479.IS S3479
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1 cable fiscal year (as determined under section 

2 15304(c)); bears to 

3 ‘‘(B) the amount paid by all Commission 

4 States (including any amounts paid on behalf of 

5 a Commission State by a nonprofit organiza6 tion) for administrative expenses for that fiscal 

7 year (as determined under that section). 

8 ‘‘(2) REQUIREMENT.—To be eligible to receive 

9 a grant under the program for a fiscal year, a Com10 mission State (or a nonprofit organization on behalf 

11 of the Commission State) shall pay the amount of 

12 administrative expenses of the Commission State for 

13 the applicable fiscal year (as determined under sec14 tion 15304(c)). 

15 ‘‘(3) APPROVAL.—For each fiscal year, a grant 

16 provided under the program shall be approved and 

17 made available as part of the approval of the annual 

18 budget of the SBRC. 

19 ‘‘(g) GRANT AVAILABILITY.—Funds from a grant 

20 under the program shall be available only during the fiscal 

21 year for which the grant is provided. 

22 ‘‘(h) REPORT.—Each fiscal year, each Commission 

23 State shall submit to the SBRC and make publicly avail24 able a report that describes the use of the grant funds 

25 and the impact of the program in the Commission State. 

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1 ‘‘(i) FUNDING.— 

2 ‘‘(1) IN GENERAL.—There is authorized to be 

3 appropriated to carry out this section $10,000,000 

4 for each of fiscal years 2024 through 2033. 

5 ‘‘(2) SUPPLEMENT, NOT SUPPLANT.—Funds 

6 made available to carry out this section shall supple7 ment and not supplant funds made available for the 

8 SBRC and other activities of the SBRC. 

9 ‘‘§ 15903. Demonstration health projects 

10 ‘‘(a) PURPOSE.—To demonstrate the value of ade11 quate health facilities and services to the economic devel12 opment of the region, the SBRC may make grants for the 

13 planning, construction, equipment, and operation of dem14 onstration health, nutrition, and child care projects (re15 ferred to in this section as a ‘demonstration health 

16 project’), including hospitals, regional health diagnostic 

17 and treatment centers, and other facilities and services 

18 necessary for the purposes of this section. 

19 ‘‘(b) ELIGIBLE ENTITIES.—An entity eligible to re20 ceive a grant under this section is— 

21 ‘‘(1) an entity described in section 15501(a); 

22 ‘‘(2) an institution of higher education (as de23 fined in section 101(a) of the Higher Education Act 

24 of 1965 (20 U.S.C. 1001(a))); 

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1 ‘‘(3) a hospital (as defined in section 1861 of 

2 the Social Security Act (42 U.S.C. 1395x)); and 

3 ‘‘(4) a critical access hospital (as defined in 

4 that section) that is located not more than 50 miles 

5 from an international land border. 

6 ‘‘(c) PLANNING GRANTS.— 

7 ‘‘(1) IN GENERAL.—The SBRC may make 

8 grants for planning expenses necessary for the devel9 opment and operation of demonstration health 

10 projects for the SBRC region. 

11 ‘‘(2) MAXIMUM SBRC CONTRIBUTION.—The 

12 maximum SBRC contribution for a demonstration 

13 health project that receives a grant under paragraph 

14 (1) shall be made in accordance with section 

15 15501(d). 

16 ‘‘(3) SOURCES OF ASSISTANCE.—A grant under 

17 paragraph (1) may be provided entirely from 

18 amounts made available to carry out this section or 

19 in combination with amounts provided under other 

20 Federal grant programs. 

21 ‘‘(4) FEDERAL SHARE FOR GRANTS UNDER

22 OTHER FEDERAL GRANT PROGRAMS.—Notwith23 standing any provision of law limiting the Federal 

24 share in other Federal grant programs, amounts 

25 made available to carry out this subsection may be 

15 

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1 used to increase the Federal share of another Fed2 eral grant up to the maximum contribution de3 scribed in paragraph (2). 

4 ‘‘(d) CONSTRUCTION AND EQUIPMENT GRANTS.— 

5 ‘‘(1) IN GENERAL.—A grant under this section 

6 for construction or equipment of a demonstration 

7 health project may be used for— 

8 ‘‘(A) costs of construction; 

9 ‘‘(B) the acquisition of privately owned fa10 cilities— 

11 ‘‘(i) not operated for profit; or 

12 ‘‘(ii) previously operated for profit if 

13 the SBRC finds that health services would 

14 not otherwise be provided in the area 

15 served by the facility if the acquisition is 

16 not made; and 

17 ‘‘(C) the acquisition of initial equipment. 

18 ‘‘(2) STANDARDS FOR MAKING GRANTS.—A 

19 grant under paragraph (1)— 

20 ‘‘(A) shall be approved in accordance with 

21 section 15503; and 

22 ‘‘(B) shall not be incompatible with the ap23 plicable provisions of title VI of the Public 

24 Health Service Act (42 U.S.C. 291 et seq.), the 

25 Developmental Disabilities Assistance and Bill 

16 

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1 of Rights Act of 2000 (42 U.S.C. 15001 et 

2 seq.), and other laws authorizing grants for the 

3 construction of health-related facilities, without 

4 regard to any provisions in those laws relating 

5 to appropriation authorization ceilings or to al6 lotments among the States. 

7 ‘‘(3) MAXIMUM SBRC CONTRIBUTION.—The 

8 maximum SBRC contribution for a demonstration 

9 health project that receives a grant under paragraph 

10 (1) shall be made in accordance with section 

11 15501(d). 

12 ‘‘(4) SOURCES OF ASSISTANCE.—A grant under 

13 paragraph (1) may be provided entirely from 

14 amounts made available to carry out this section or 

15 in combination with amounts provided under other 

16 Federal grant programs. 

17 ‘‘(5) CONTRIBUTION TO INCREASED FEDERAL

18 SHARE FOR OTHER FEDERAL GRANTS.—Notwith19 standing any provision of law limiting the Federal 

20 share in another Federal grant program for the con21 struction or equipment of a demonstration health 

22 project, amounts made available to carry out this 

23 subsection may be used to increase Federal grants 

24 for component facilities of a demonstration health 

17 

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1 project to a maximum of 90 percent of the cost of 

2 the facilities. 

3 ‘‘(e) OPERATION GRANTS.— 

4 ‘‘(1) IN GENERAL.—A grant under this section 

5 for the operation of a demonstration health project 

6 may be used for— 

7 ‘‘(A) the costs of operation of the facility; 

8 and 

9 ‘‘(B) initial operating costs, including the 

10 costs of attracting, training, and retaining 

11 qualified personnel. 

12 ‘‘(2) STANDARDS FOR MAKING GRANTS.—A 

13 grant for the operation of a demonstration health 

14 project shall not be made unless the facility funded 

15 by the grant is— 

16 ‘‘(A) publicly owned; 

17 ‘‘(B) owned by a public or private non18 profit organization; 

19 ‘‘(C) a private hospital described in section 

20 501(c)(3) of the Internal Revenue Code of 1986 

21 and exempt from taxation under section 501(a) 

22 of that Code; or 

23 ‘‘(D) a private hospital that provides a cer24 tain amount of uncompensated care, as deter25 mined by the SBRC, and applies for the grant 

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1 in partnership with a State, local government, 

2 or Indian Tribe. 

3 ‘‘(3) MAXIMUM SBRC CONTRIBUTION.—The 

4 maximum SBRC contribution for a demonstration 

5 health project that receives a grant under paragraph 

6 (1) shall be made in accordance with section 

7 15501(d). 

8 ‘‘(4) SOURCES OF ASSISTANCE.—A grant under 

9 paragraph (1) may be provided entirely from 

10 amounts made available to carry out this section or 

11 in combination with amounts provided under other 

12 Federal grant programs for the operation of health13 related facilities or the provision of health and child 

14 development services, including parts A and B of 

15 title IV and title XX of the Social Security Act (42 

16 U.S.C. 601 et seq., 621 et seq., 1397 et seq.). 

17 ‘‘(5) FEDERAL SHARE.—Notwithstanding any 

18 provision of law limiting the Federal share in the 

19 other Federal programs described in paragraph (4), 

20 amounts made available to carry out this subsection 

21 may be used to increase the Federal share of a grant 

22 under those programs up to the maximum contribu23 tion described in paragraph (3). 

24 ‘‘(f) EMPHASIS ON PROGRAMS TO ADDRESS HEALTH

25 PROFESSIONAL SHORTAGES.—To provide for the further 

19 

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1 development of the human resources of the SBRC region, 

2 grants under this section shall give special emphasis to 

3 projects and activities to address health professional short4 ages in the SBRC region, including projects and activi5 ties— 

6 ‘‘(1) to increase access to and disseminate in7 formation on the availability of treatment programs; 

8 ‘‘(2) to strengthen the health professional work9 force operating in the SBRC region, including pro10 grams to attract and retain relevant health care 

11 services, businesses, and staff; 

12 ‘‘(3) to facilitate the sharing of best practices 

13 among States, counties, and other experts in the 

14 SBRC region with respect to sustaining and 

15 incentivizing healthcare workforce; 

16 ‘‘(4) to enhance health care access and quality 

17 of care for residents in the SBRC area, and develop 

18 and disseminate models of care that enhance health 

19 equity; and 

20 ‘‘(5) to develop relevant infrastructure, includ21 ing broadband infrastructure that supports the use 

22 of telemedicine. 

23 ‘‘§ 15904. Water and wastewater infrastructure 

24 projects 

25 ‘‘(a) PURPOSE.—The SBRC may make grants for— 

20 

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1 ‘‘(1) the planning, design, construction, and 

2 equipment of public water systems (as defined in 

3 section 1401 of the Safe Drinking Water Act (42 

4 U.S.C. 300f)) and wastewater infrastructure (includ5 ing treatment works (as defined in section 212 of 

6 the Federal Water Pollution Control Act (33 U.S.C. 

7 1292))) that provides substantial water supply and 

8 other benefits for the SBRC region for— 

9 ‘‘(A) projects and activities described in 

10 section 1452(a)(2)(B) of the Safe Drinking 

11 Water Act (42 U.S.C. 300j–12(a)(2)(B)); and 

12 ‘‘(B) projects and activities described in 

13 paragraphs (1) and (4) of section 603(c) of the 

14 Federal Water Pollution Control Act (33 U.S.C. 

15 1383(c)), without regard to whether the treat16 ment works is a publicly owned treatment 

17 works; and 

18 ‘‘(2) activities described in section 4304(c)(1) of 

19 the America’s Water Infrastructure Act of 2018 (42 

20 U.S.C. 300j–19e(c)(1)). 

21 ‘‘(b) ELIGIBLE ENTITIES.—An entity eligible to re22 ceive a grant under this section is an entity described in 

23 section 15501(a). 

24 ‘‘(c) PLANNING GRANTS.— 

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1 ‘‘(1) IN GENERAL.—The SBRC may make 

2 grants for planning expenses necessary for the devel3 opment and operation of water and wastewater in4 frastructure projects for the SBRC region. 

5 ‘‘(2) MAXIMUM SBRC CONTRIBUTION.—The 

6 maximum SBRC contribution for a project that re7 ceives a grant under paragraph (1) shall be deter8 mined in accordance with section 15501(d). 

9 ‘‘(3) SOURCES OF ASSISTANCE.—A grant under 

10 paragraph (1) may be combined with amounts pro11 vided under other Federal grant programs. 

12 ‘‘(4) FEDERAL SHARE FOR GRANTS UNDER

13 OTHER FEDERAL GRANT PROGRAMS.—Notwith14 standing any provision of law limiting the Federal 

15 share in another Federal grant program, amounts 

16 made available to carry out this subsection may be 

17 used to increase the Federal share of another Fed18 eral grant up to the maximum contribution de19 scribed in paragraph (2). 

20 ‘‘(d) CONSTRUCTION AND EQUIPMENT GRANTS.— 

21 ‘‘(1) IN GENERAL.—A grant under this section 

22 for construction or equipment of a water or waste23 water infrastructure project may be used for— 

24 ‘‘(A) costs of construction; 

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1 ‘‘(B) the acquisition of privately owned fa2 cilities— 

3 ‘‘(i) not operated for profit; or 

4 ‘‘(ii) previously operated for profit if 

5 the SBRC finds that the acquisition would 

6 be necessary for the provision of drinking 

7 water or clean water in the area served by 

8 the facility; and 

9 ‘‘(C) the acquisition of initial equipment. 

10 ‘‘(2) STANDARDS FOR MAKING GRANTS.—A 

11 grant under paragraph (1)— 

12 ‘‘(A) shall be approved in accordance with 

13 section 15503; and 

14 ‘‘(B) shall not be incompatible with other 

15 Federal laws (including regulations), without 

16 regard to any provisions in those laws relating 

17 to appropriation authorization ceilings or to al18 lotments among the States. 

19 ‘‘(3) MAXIMUM SBRC CONTRIBUTION.—The 

20 maximum SBRC contribution for a project that re21 ceives a grant under paragraph (1) shall be deter22 mined in accordance with section 15501(d). 

23 ‘‘(4) SOURCES OF ASSISTANCE.—A grant under 

24 paragraph (1) may be combined with amounts pro25 vided under other Federal grant programs. 

23 

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1 ‘‘(5) CONTRIBUTION TO INCREASED FEDERAL

2 SHARE FOR OTHER FEDERAL GRANTS.—Notwith3 standing any provision of law limiting the Federal 

4 share in another Federal grant program for the con5 struction or equipment of a water or wastewater in6 frastructure project, amounts made available to 

7 carry out this subsection may be used to increase 

8 the Federal share of another Federal grant for com9 ponent facilities of a water or wastewater infrastruc10 ture project to a maximum of 90 percent of the cost 

11 of the facilities. 

12 ‘‘(e) EMPHASIS ON PROGRAMS TO ADDRESS WATER

13 SECTOR WORKFORCE SHORTAGES.—To provide for the 

14 further development of the human resources of the SBRC 

15 region, grants under this section shall give special empha16 sis to projects and activities to address water sector pro17 fessional shortages in the SBRC region, including projects 

18 and activities— 

19 ‘‘(1) to strengthen the water sector workforce 

20 operating in the SBRC region, including programs 

21 to attract and retain relevant staff; and 

22 ‘‘(2) to facilitate the sharing of best practices 

23 among States, counties, and other experts in the 

24 SBRC region with respect to sustaining and 

25 incentivizing the water sector workforce.’’. 

24 

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1 (b) CLERICAL AMENDMENT.—The table of chapters 

2 for subtitle V of title 40, United States Code, is amended 

3 by inserting after the item relating to chapter 157 the fol4 lowing: 

‘‘159. Southwest Border Region Capacity Building Programs .............. 15901’’. 

5 (c) WAIVER OF MATCHING REQUIREMENT.—Chapter 

6 155 of subtitle V of title 40, United States Code (as 

7 amended by section 5(a)) is amended by adding at the 

8 end the following: 

9 ‘‘§ 15509. Waiver of matching requirement for 

10 colonias and Indian tribes 

11 ‘‘(a) DEFINITION OF COLONIA.— 

12 ‘‘(1) IN GENERAL.—In this section, the term 

13 ‘colonia’— 

14 ‘‘(A) during the period beginning on the 

15 date of enactment of this section and ending on 

16 the date that is 2 years after the date of enact17 ment of this section, means— 

18 ‘‘(i) a colonia (as defined by the Sec19 retary of Agriculture); 

20 ‘‘(ii) a colonia (as defined by the Sec21 retary of Housing and Urban Develop22 ment); and 

23 ‘‘(iii) a colonia (as defined by the ap24 plicable State agency); and 

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1 ‘‘(B) during the period beginning 2 years 

2 after the date of enactment of this section, has 

3 the meaning given the term by the Southwest 

4 Border Regional Commission pursuant to para5 graph (2). 

6 ‘‘(2) UNIFIED DEFINITION.—Not later than 2 

7 years after the date of enactment of this section, the 

8 Southwest Border Regional Commission, in consulta9 tion with the Secretary of Agriculture, the Secretary 

10 of Housing and Urban Development, and applicable 

11 State agencies, shall develop a definition of the term 

12 ‘colonia’. 

13 ‘‘(b) WAIVER.—Notwithstanding any other provision 

14 of law, in the case of assistance provided to an entity de15 scribed in subsection (c) under this subtitle by the South16 west Border Regional Commission— 

17 ‘‘(1) the Federal share of the cost of the project 

18 carried out with that assistance shall be 100 per19 cent; and 

20 ‘‘(2) the entity shall not be required to provide 

21 matching funds for the project. 

22 ‘‘(c) ENTITIES DESCRIBED.—An entity referred to in 

23 subsection (b) is any of the following: 

24 ‘‘(1) A colonia. 

25 ‘‘(2) An Indian tribe.’’. 

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1 (d) CLERICAL AMENDMENT.—The analysis for chap2 ter 155 of subtitle V of title 40, United States Code (as 

3 amended by section 5(b)), is amended by inserting after 

4 the item relating to section 15508 the following: 

‘‘15509. Waiver of matching requirement for colonias and Indian tribes.’’. 

5 SEC. 8. ADMINISTRATIVE POWERS AND EXPENSES. 

6 Section 15304(a) of title 40, United States Code, is 

7 amended— 

8 (1) in paragraph (5), by inserting ‘‘, without a 

9 requirement for the Commission to reimburse the 

10 agency or local government’’ after ‘‘status’’; 

11 (2) in paragraph (8), by striking ‘‘and’’ at the 

12 end; 

13 (3) by redesignating paragraph (9) as para14 graph (10); and 

15 (4) by inserting after paragraph (8) the fol16 lowing: 

17 ‘‘(9) in the case of the Southwest Border Re18 gional Commission, enter into and perform such 

19 leases (including the lease of office space for any 

20 term) as are necessary to carry out Commission du21 ties, including any leases with a department, agency, 

22 or instrumentality of the United States, a State (in23 cluding a political subdivision, agency, or instrumenVerDate Sep 11 2014 05:16 Dec 28, 2023 Jkt 049200 PO 00000 Frm 00026 Fmt 6652 Sfmt 6201 E:\BILLS\S3479.IS S3479
27 

•S 3479 IS

1 tality of the State), or a person, firm, association, or 

2 corporation; and’’. 

Æ