I 
109TH CONGRESS 
2D SESSION 
H. R. 5742 
To establish the Southwest Regional Border Authority. 
IN THE HOUSE OF REPRESENTATIVES 
JUNE 29, 2006 
Mr. REYES introduced the following bill; which was referred to the Committee 
on Transportation and Infrastructure, and in addition to the Committee 
on Financial Services, for a period to be subsequently determined by the 
Speaker, in each case for consideration of such provisions as fall within 
the jurisdiction of the committee concerned 
A BILL 
To establish the Southwest Regional Border Authority. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 
(a) SHORT TITLE.—This Act may be cited as the 
‘‘Southwest Regional Border Authority Act’’. 
(b) TABLE OF CONTENTS.—The table of contents of 
this Act is as follows: 
Sec. 1. Short title; table of contents. 
Sec. 2. Findings and purposes. 
Sec. 3. Definitions. 
TITLE I—SOUTHWEST REGIONAL BORDER AUTHORITY 
Sec. 101. Membership and voting. 
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Sec. 102. Duties and powers. 
Sec. 103. Authority personnel matters. 
TITLE II—GRANTS AND DEVELOPMENT PLANNING 
Sec. 201. Infrastructure development and improvement. 
Sec. 202. Technology development. 
Sec. 203. Community development and entrepreneurship. 
Sec. 204. Education and workforce development. 
Sec. 205. Funding. 
Sec. 206. Supplements to Federal grant programs. 
Sec. 207. Demonstration projects. 
Sec. 208. Local development districts; certification and administrative expenses. 
Sec. 209. Distressed counties and areas and economically strong counties. 
Sec. 210. Development planning process. 
TITLE III—ADMINISTRATION 
Sec. 301. Program development criteria. 
Sec. 302. Approval of development plans and projects. 
Sec. 303. Consent of States. 
Sec. 304. Records. 
Sec. 305. Annual report. 
Sec. 306. Authorization of appropriations. 
Sec. 307. Termination of authority. 
SEC. 2. FINDINGS AND PURPOSES. 
(a) FINDINGS.—Congress finds that— 
(1) a rapid increase in population in the South-
west border region is placing a significant strain on 
the infrastructure of the region, including transpor-
tation, water and wastewater, public health, and 
telecommunications; 
(2) 20 percent of the residents of the region 
have incomes below the poverty level; 
(3) unemployment rates in counties in the re-
gion are up to 5 times the national unemployment 
rate; 
(4) per capita personal income in the region is 
significantly below the national average and much of 
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the income in the region is distributed through wel-
fare programs, retirement programs, and unemploy-
ment payments; 
(5) a lack of adequate access to capital in the 
region— 
(A) has created economic disparities be-
tween communities in the region and commu-
nities outside the region; and 
(B) has made it difficult for businesses to 
start up in the region; 
(6) it has been difficult for displaced workers in 
the region to find employment because many work-
ers— 
(A) have limited English language pro-
ficiency; and 
(B) lack adequate English language and 
job training; 
(7) many residents of the region live in commu-
nities referred to as ‘‘colonias’’ that lack basic neces-
sities, including running water, sewers, storm drain-
age, and electricity; 
(8) many of the problems that exist in the re-
gion could be solved or ameliorated by technology 
that would contribute to economic development in 
the region; 
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(9) while numerous Federal, State, and local 
programs target financial resources to the region, 
those programs are often uncoordinated, duplicative, 
and, in some cases, unavailable to eligible border 
communities because those communities cannot af-
ford the required funding match; 
(10) Congress has established several regional 
economic development commissions, including the 
Appalachian Regional Commission, the Delta Re-
gional Authority, and the Denali Commission, to im-
prove the economies of those areas of the United 
States that experience the greatest economic dis-
tress; and 
(11) many of the counties in the region are 
among the most economically distressed in the 
United States and would benefit from a regional eco-
nomic development commission. 
(b) PURPOSES.—The purposes of this Act are— 
(1) to establish a regional economic develop-
ment authority for the Southwest Border region to 
address critical issues relating to the economic 
health and well-being of the residents of the region; 
(2) to provide funding to communities in the re-
gion to stimulate and foster infrastructure develop-
ment, technology development, community develop-
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ment and entrepreneurship, and education and 
workforce development in the region; 
(3) to increase the total amount of Federal 
funding available for border economic development 
projects by coordinating with and reducing duplica-
tion of other Federal, State, and local programs; and 
(4) to empower the people of the region through 
the use of local development districts and State and 
regional development plans that reflect State and 
local priorities. 
SEC. 3. DEFINITIONS. 
In this Act, the following definitions apply: 
(1) ATTAINMENT COUNTY.—The term ‘‘attain-
ment county’’ means an economically strong county 
that is not a distressed county or a competitive 
county. 
(2) AUTHORITY.—The term ‘‘Authority’’ means 
the Southwest Regional Border Authority estab-
lished by section 101(a)(1). 
(3) BINATIONAL
REGION.—The term ‘‘bina-
tional region’’ means the area in the United States 
and Mexico that is within 150 miles of the inter-
national border between the United States and Mex-
ico. 
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(4) BUSINESS INCUBATOR SERVICE.—The term 
‘‘business incubator service’’ means— 
(A) a legal service, including aid in pre-
paring a corporate charter, partnership agree-
ment, or contract; 
(B) a service in support of the protection 
of intellectual property through a patent, a 
trademark, or any other means; 
(C) a service in support of the acquisition 
or use of advanced technology, including the 
use of Internet services and Web-based services; 
and 
(D) consultation on strategic planning, 
marketing, or advertising. 
(5) COMPETITIVE
COUNTY.—The term ‘‘com-
petitive county’’ means an economically strong coun-
ty that meets at least 1, but not all, of the criteria 
for a distressed county specified in paragraph (5). 
(6) DISTRESSED
COUNTY.—The term ‘‘dis-
tressed county’’ means a county in the region that— 
(A)(i) has a poverty rate that is at least 
150 percent of the poverty rate of the United 
States; 
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(ii) has a per capita market income that is 
not more than 67 percent of the per capita 
market income of the United States; and 
(iii) has a 3-year unemployment rate that 
is at least 150 percent of the unemployment 
rate of the United States; or 
(B)(i) has a poverty rate that is at least 
200 percent of the poverty rate of the United 
States; and 
(ii)(I) has a per capita market income that 
is not more than 67 percent of the per capita 
market income of the United States; or 
(II) has a 3-year unemployment rate that 
is at least 150 percent of the unemployment 
rate of the United States. 
(7) ECONOMICALLY
STRONG
COUNTY.—The 
term ‘‘economically strong county’’ means a county 
in the region that is not a distressed county. 
(8) FEDERAL
GRANT
PROGRAM.—The term 
‘‘Federal grant program’’ means a Federal grant 
program to provide assistance in— 
(A) acquiring or developing land; 
(B) constructing or equipping a highway, 
road, bridge, or facility; or 
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(C) carrying out other economic develop-
ment activities. 
(9) 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. 450b). 
(10) ISOLATED AREA OF DISTRESS.—The term 
‘‘isolated area of distress’’ means an area located in 
an economically strong county that has a high rate 
of poverty, unemployment, or outmigration, as deter-
mined by the Authority. 
(11) LOCAL
DEVELOPMENT
DISTRICT.—The 
term ‘‘local development district’’ means an entity 
that— 
(A)(i) is an economic development district 
that is— 
(I) in existence on the date of enact-
ment of this Act; and 
(II) recognized by the Economic De-
velopment Administration; and 
(III) located in the region; or 
(ii) if an entity described in clause (i) does 
not exist— 
(I) is organized and operated in a 
manner that ensures broad-based commu-
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nity participation and an effective oppor-
tunity for local officials, community lead-
ers, and the public to contribute to the de-
velopment and implementation of programs 
in the region; 
(II) is governed by a policy board with 
at least a simple majority of members con-
sisting of designees or employees of a gen-
eral purpose unit of local government that 
have been appointed to represent the unit 
of local government or elected officials; and 
(III) is certified by the Governor or 
appropriate State officer as having a char-
ter or authority that includes the economic 
development of counties, portions of coun-
ties, or other political subdivisions within 
the region; and 
(B) has not, as certified by the Federal co-
chairperson— 
(i) inappropriately used Federal grant 
funds from any Federal source; or 
(ii) appointed an officer who, during 
the period in which another entity inappro-
priately used Federal grant funds from any 
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Federal source, was an officer of the other 
entity. 
(12) REGION.—The term ‘‘region’’ means— 
(A) the counties of Cochise, Gila, Graham, 
Greenlee, La Paz, Maricopa, Pima, Pinal, 
Santa Cruz, and Yuma in the State of Arizona; 
(B) the counties of Imperial, Los Angeles, 
Orange, Riverside, San Bernardino, San Diego, 
and Ventura in the State of California; 
(C) the counties of Catron, Chaves, Don˜a 
Ana, Eddy, Grant, Hidalgo, Lincoln, Luna, 
Otero, Sierra, and Socorro in the State of New 
Mexico; and 
(D) the counties of Atascosa, Bandera, 
Bee, Bexar, Brewster, Brooks, Cameron, Coke, 
Concho, Crane, Crockett, Culberson, Dimmit, 
Duval, Ector, Edwards, El Paso, Frio, Gil-
lespie, Glasscock, Hidalgo, Hudspeth, Irion, 
Jeff Davis, Jim Hogg, Jim Wells, Karnes, Ken-
dall, Kenedy, Kerr, Kimble, Kinney, Kleberg, 
La Salle, Live Oak, Loving, Mason, Maverick, 
McMullen, Medina, Menard, Midland, Nueces, 
Pecos, Presidio, Reagan, Real, Reeves, San 
Patricio, Shleicher, Sutton, Starr, Sterling, 
Terrell, Tom Green, Upton, Uvalde, Val Verde, 
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Ward, Webb, Willacy, Wilson, Winkler, Zapata, 
and Zavala in the State of Texas. 
(13) SMALL BUSINESS.—The term ‘‘small busi-
ness’’ has the meaning given the term ‘‘small busi-
ness concern’’ in section 3(a) of the Small Business 
Act (15 U.S.C. 632(a)). 
TITLE I—SOUTHWEST REGIONAL 
BORDER AUTHORITY 
SEC. 101. MEMBERSHIP AND VOTING. 
(a) ESTABLISHMENT.— 
(1) IN
GENERAL.—There is established the 
Southwest Regional Border Authority. 
(2) COMPOSITION.—The Authority shall be 
composed of— 
(A) a Federal member, to be appointed by 
the President, by and with the advice and con-
sent of the Senate; and 
(B) State members, who shall consist of 
the Governor (or a designee of the Governor) of 
each State in the region that elects to partici-
pate in the Authority. 
(3) COCHAIRPERSONS.—The Authority shall be 
headed by— 
(A) the Federal member, who shall serve— 
(i) as the Federal cochairperson; and 
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(ii) as a liaison between the Federal 
Government and the Authority; and 
(B) a State cochairperson, who shall— 
(i) be a Governor of a State described 
in paragraph (2)(B); 
(ii) be elected by the State members 
for a term of not more than 2 years; and 
(iii) serve only 1 term during any 4 
year period. 
(b) ALTERNATE MEMBERS.— 
(1) STATE ALTERNATES.—The State member 
of a State described in paragraph (2)(B) may have 
a single alternate, who shall be— 
(A) a resident of that State; and 
(B) appointed by the Governor of the 
State, from among the members of the cabinet 
or personal staff of the Governor. 
(2) ALTERNATE FEDERAL COCHAIRPERSON.— 
The President shall appoint an alternate Federal co-
chairperson. 
(3) QUORUM.—Subject to subsection (d)(4), a 
State alternate member shall not be counted toward 
the establishment of a quorum of the members of 
the Authority in any case in which a quorum of the 
State members is required to be present. 
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