II 118th CONGRESS 1st Session S. 3479 IN THE SENATE OF THE UNITED STATES December 12, 2023 Mr. Heinrich (for himself, Mr. Luján , 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. Short title This Act may be cited as the Southwest Border Regional Commission Reauthorization Act of 2023 . 2. Modifications to regional commissions (a) Membership 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. ; and (2) in subsection (f), by striking a Federal employee and inserting an employee . (b) Decisions 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) Meetings 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. . 3. Transfer of funds from other Federal agencies (a) In general Chapter 153 of subtitle V of title 40, United States Code, is amended— (1) by redesignating section 15308 as section 15309; and (2) by inserting after section 15307 the following: 15308. Transfer of funds from other Federal agencies (a) In general Subject to subsection (c), for purposes of this subtitle, each Commission may accept transfers of funds from other Federal agencies. (b) Transfers Any Federal agency authorized to carry out an activity that is within the authority of a Commission may transfer to the Commission any appropriated funds for the activity. (c) Treatment Any funds transferred to a Commission under this section— (1) shall remain available until expended; and (2) may, to the extent necessary to carry out this subtitle, be transferred to, and merged with, the amounts made available by appropriations Acts for the Commission by the Federal Cochairperson. . (b) Clerical amendment The analysis for chapter 153 of subtitle V of title 40, United States Code, is amended by striking the item relating to section 15308 and inserting the following: 15308. Transfer of funds from other Federal agencies. 15309. Annual reports. . 4. 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), (5), (7), or (9) . 5. Financial assistance (a) In general Chapter 155 of subtitle V of title 40, United States Code, is amended by adding at the end the following: 15507. Discretionary grants (a) Grants to which percentage limitation does not apply A discretionary grant made by a Commission to implement significant regional initiatives, to take advantage of special development opportunities, or to respond to emergency economic distress in the region of the Commission may be made without regard to the percentage limitations described in section 15501(d). (b) Limitation on aggregate amount For each fiscal year, the aggregate amount of discretionary grants provided in accordance with subsection (a) shall not be more than 20 percent of the amount made available to carry out this subtitle for the Commission for the fiscal year. 15508. Payment of non-Federal share for certain Federal grant programs Notwithstanding any other provision of law, amounts made available to carry out this subtitle shall be available for the payment of a non-Federal share for a project carried out under a Federal grant program if— (1) a Commission is not the sole or primary funding source for the project; and (2) the project is consistent with the purposes of the applicable Commission. . (b) Clerical amendment The analysis for chapter 155 of subtitle V of title 40, United States Code, is amended by adding at the end the following: 15507. Discretionary grants. 15508. Payment of non-Federal share for certain Federal grant programs. . 6. Southwest Border Regional Commission (a) In general Section 15732 of title 40, United States Code, is amended— (1) in paragraph (3)— (A) by inserting Bernalillo, before Catron, ; (B) by inserting Cibola, Curry, De Baca, after Chaves, ; (C) by inserting Guadalupe, after Grant, ; (D) by inserting Lea, after Hidalgo, ; (E) by inserting Roosevelt, after Otero, ; and (F) by striking and Socorro and inserting Socorro, Torrance, and Valencia ; and (2) in paragraph (4), by inserting Guadalupe, after Glasscock, . (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) $100,000,000 for each of fiscal years 2024 through 2028; and (2) $200,000,000 for each of fiscal years 2029 through 2033. . 7. Capacity building programs (a) In general Subtitle V of title 40, United States Code, is amended by adding at the end the following: 159 Southwest Border Region capacity building programs Sec. 15901. Definition. 15902. State capacity building grant program. 15903. Demonstration health projects. 15904. Water and wastewater infrastructure projects. 15901. Definition In this chapter, the term SBRC means the Southwest Border Regional Commission established by section 15301(a)(2). 15902. State capacity building grant program (a) Definitions In this section: (1) Commission State The term Commission State means each of the States of Arizona, California, New Mexico, and Texas. (2) Eligible county The term eligible county means a county described in section 15732. (3) Program The term program means the State capacity building grant program established under subsection (b). (b) Establishment The SBRC shall establish a State capacity building grant program to provide grants to Commission States for the purposes described in subsection (c). (c) Purposes The purposes of the program are to support the efforts of the SBRC— (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 SBRC investments in transportation, water, wastewater, and other critical infrastructure; (6) to create initiatives to increase the effectiveness of local development districts in eligible counties; (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; and (8) to create new capacity building centers within universities in distressed counties (as designated under section 15702(a)(1)) in order to strengthen the capacity to train underrepresented students in professional fields for which there is a shortage of workers and to increase local capacity for project management and execution, financial management, and to leverage funding sources. (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 SBRC 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 SBRC 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 SBRC. (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 SBRC 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) Funding (1) In general There is authorized to be appropriated to carry out this section $10,000,000 for each of fiscal years 2024 through 2033. (2) Supplement, not supplant Funds made available to carry out this section shall supplement and not supplant funds made available for the SBRC and other activities of the SBRC. 15903. Demonstration health projects (a) Purpose To demonstrate the value of adequate health facilities and services to the economic development of the region, the SBRC may make grants for the planning, construction, equipment, and operation of demonstration health, nutrition, and child care projects (referred to in this section as a demonstration health project ), including hospitals, regional health diagnostic and treatment centers, and other facilities and services necessary for the purposes of this section. (b) Eligible entities An entity eligible to receive a grant under this section is— (1) an entity described in section 15501(a); (2) an institution of higher education (as defined in section 101(a) of the Higher Education Act of 1965 ( 20 U.S.C. 1001(a) )); (3) a hospital (as defined in section 1861 of the Social Security Act ( 42 U.S.C. 1395x )); and (4) a critical access hospital (as defined in that section) that is located not more than 50 miles from an international land border. (c) Planning grants (1) In general The SBRC may make grants for planning expenses necessary for the development and operation of demonstration health projects for the SBRC region. (2) Maximum SBRC contribution The maximum SBRC contribution for a demonstration health project that receives a grant under paragraph (1) shall be made in accordance with section 15501(d). (3) Sources of assistance A grant under paragraph (1) may be provided entirely from amounts made available to carry out this section or in combination with amounts provided under other Federal grant programs. (4) Federal share for grants under other Federal grant programs Notwithstanding any provision of law limiting the Federal share in other Federal grant programs, amounts made available to carry out this subsection may be used to increase the Federal share of another Federal grant up to the maximum contribution described in paragraph (2). (d) Construction and equipment grants (1) In general A grant under this section for construction or equipment of a demonstration health project may be used for— (A) costs of construction; (B) the acquisition of privately owned facilities— (i) not operated for profit; or (ii) previously operated for profit if the SBRC finds that health services would not otherwise be provided in the area served by the facility if the acquisition is not made; and (C) the acquisition of initial equipment. (2) Standards for making grants A grant under paragraph (1)— (A) shall be approved in accordance with section 15503; and (B) 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 SBRC contribution The maximum SBRC contribution for a demonstration health project that receives a grant under paragraph (1) shall be made in accordance with section 15501(d). (4) Sources of assistance A grant under paragraph (1) may be provided entirely from amounts made available to carry out this section or in combination with amounts provided under other Federal grant programs. (5) Contribution to increased Federal share for other Federal grants Notwithstanding any provision of law limiting the Federal share in another Federal grant program for the construction or equipment of a demonstration health project, amounts made available to carry out this subsection may be used to increase Federal grants for component facilities of a demonstration health project to a maximum of 90 percent of the cost of the facilities. (e) Operation grants (1) In general A grant under this section for the operation of a demonstration health project may be used for— (A) the costs of operation of the facility; and (B) initial operating costs, including the costs of attracting, training, and retaining qualified personnel. (2) Standards for making grants A grant for the operation of a demonstration health project shall not be made unless the facility funded by the grant is— (A) publicly owned; (B) owned by a public or private nonprofit organization; (C) a private hospital described in section 501(c)(3) of the Internal Revenue Code of 1986 and exempt from taxation under section 501(a) of that Code; or (D) a private hospital that provides a certain amount of uncompensated care, as determined by the SBRC, and applies for the grant in partnership with a State, local government, or Indian Tribe. (3) Maximum SBRC contribution The maximum SBRC contribution for a demonstration health project that receives a grant under paragraph (1) shall be made in accordance with section 15501(d). (4) Sources of assistance A grant under paragraph (1) may be provided entirely from amounts made available to carry out this section or in combination with amounts provided under other Federal grant programs for the operation of health-related facilities or 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. , 621 et seq., 1397 et seq.). (5) Federal share Notwithstanding any provision of law limiting the Federal share in the other Federal programs described in paragraph (4), amounts made available to carry out this subsection may be used to increase the Federal share of a grant under those programs up to the maximum contribution described in paragraph (3). (f) Emphasis on programs To address health professional shortages To provide for the further development of the human resources of the SBRC region, grants under this section shall give special emphasis to projects and activities to address health professional shortages in the SBRC region, including projects and activities— (1) to increase access to and disseminate information on the availability of treatment programs; (2) to strengthen the health professional workforce operating in the SBRC 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 SBRC region with respect to sustaining and incentivizing healthcare workforce; (4) to enhance health care access and quality of care for residents in the SBRC area, and develop and disseminate models of care that enhance health equity; and (5) to develop relevant infrastructure, including broadband infrastructure that supports the use of telemedicine. 15904. Water and wastewater infrastructure projects (a) Purpose The SBRC may make grants for— (1) the planning, design, construction, and equipment of public water systems (as defined in section 1401 of the Safe Drinking Water Act ( 42 U.S.C. 300f )) and wastewater infrastructure (including treatment works (as defined in section 212 of the Federal Water Pollution Control Act ( 33 U.S.C. 1292 ))) that provides substantial water supply and other benefits for the SBRC region for— (A) projects and activities described in section 1452(a)(2)(B) of the Safe Drinking Water Act ( 42 U.S.C. 300j–12(a)(2)(B) ); and (B) projects and activities described in paragraphs (1) and (4) of section 603(c) of the Federal Water Pollution Control Act ( 33 U.S.C. 1383(c) ), without regard to whether the treatment works is a publicly owned treatment works; and (2) activities described in section 4304(c)(1) of the America’s Water Infrastructure Act of 2018 (42 U.S.C. 300j–19e(c)(1)). (b) Eligible entities An entity eligible to receive a grant under this section is an entity described in section 15501(a). (c) Planning grants (1) In general The SBRC may make grants for planning expenses necessary for the development and operation of water and wastewater infrastructure projects for the SBRC region. (2) Maximum SBRC contribution The maximum SBRC contribution for a project that receives a grant under paragraph (1) shall be determined in accordance with section 15501(d). (3) Sources of assistance A grant under paragraph (1) may be combined with amounts provided under other Federal grant programs. (4) Federal share for grants under other Federal grant programs Notwithstanding any provision of law limiting the Federal share in another Federal grant program, amounts made available to carry out this subsection may be used to increase the Federal share of another Federal grant up to the maximum contribution described in paragraph (2). (d) Construction and equipment grants (1) In general A grant under this section for construction or equipment of a water or wastewater infrastructure project may be used for— (A) costs of construction; (B) the acquisition of privately owned facilities— (i) not operated for profit; or (ii) previously operated for profit if the SBRC finds that the acquisition would be necessary for the provision of drinking water or clean water in the area served by the facility; and (C) the acquisition of initial equipment. (2) Standards for making grants A grant under paragraph (1)— (A) shall be approved in accordance with section 15503; and (B) shall not be incompatible with other Federal laws (including regulations), without regard to any provisions in those laws relating to appropriation authorization ceilings or to allotments among the States. (3) Maximum SBRC contribution The maximum SBRC contribution for a project that receives a grant under paragraph (1) shall be determined in accordance with section 15501(d). (4) Sources of assistance A grant under paragraph (1) may be combined with amounts provided under other Federal grant programs. (5) Contribution to increased Federal share for other Federal grants Notwithstanding any provision of law limiting the Federal share in another Federal grant program for the construction or equipment of a water or wastewater infrastructure project, amounts made available to carry out this subsection may be used to increase the Federal share of another Federal grant for component facilities of a water or wastewater infrastructure project to a maximum of 90 percent of the cost of the facilities. (e) Emphasis on programs To address water sector workforce shortages To provide for the further development of the human resources of the SBRC region, grants under this section shall give special emphasis to projects and activities to address water sector professional shortages in the SBRC region, including projects and activities— (1) to strengthen the water sector workforce operating in the SBRC region, including programs to attract and retain relevant staff; and (2) to facilitate the sharing of best practices among States, counties, and other experts in the SBRC region with respect to sustaining and incentivizing the water sector workforce. . (b) Clerical amendment The table of chapters for subtitle V of title 40, United States Code, is amended by inserting after the item relating to chapter 157 the following: 159. Southwest Border Region Capacity Building Programs 15901 . (c) Waiver of matching requirement Chapter 155 of subtitle V of title 40, United States Code (as amended by section 5(a)) is amended by adding at the end the following: 15509. Waiver of matching requirement for colonias and Indian tribes (a) Definition of colonia (1) In general In this section, the term colonia — (A) during the period beginning on the date of enactment of this section and ending on the date that is 2 years after the date of enactment of this section, means— (i) a colonia (as defined by the Secretary of Agriculture); (ii) a colonia (as defined by the Secretary of Housing and Urban Development); and (iii) a colonia (as defined by the applicable State agency); and (B) during the period beginning 2 years after the date of enactment of this section, has the meaning given the term by the Southwest Border Regional Commission pursuant to paragraph (2). (2) Unified definition Not later than 2 years after the date of enactment of this section, the Southwest Border Regional Commission, in consultation with the Secretary of Agriculture, the Secretary of Housing and Urban Development, and applicable State agencies, shall develop a definition of the term colonia . (b) Waiver Notwithstanding any other provision of law, in the case of assistance provided to an entity described in subsection (c) under this subtitle by the Southwest Border Regional Commission— (1) the Federal share of the cost of the project carried out with that assistance shall be 100 percent; and (2) the entity shall not be required to provide matching funds for the project. (c) Entities described An entity referred to in subsection (b) is any of the following: (1) A colonia. (2) An Indian tribe. . (d) Clerical amendment The analysis for chapter 155 of subtitle V of title 40, United States Code (as amended by section 5(b)), is amended by inserting after the item relating to section 15508 the following: 15509. Waiver of matching requirement for colonias and Indian tribes. . 8. Administrative powers and expenses Section 15304(a) of title 40, United States Code, is amended— (1) in paragraph (5), by inserting , without a requirement for the Commission to reimburse the agency or local government after status ; (2) in paragraph (8), by striking and at the end; (3) by redesignating paragraph (9) as paragraph (10); and (4) by inserting after paragraph (8) the following: (9) in the case of the Southwest Border Regional Commission, enter into and perform such leases (including the lease of office space for any term) as are necessary to carry out Commission duties, including any leases with a department, agency, or instrumentality of the United States, a State (including a political subdivision, agency, or instrumentality of the State), or a person, firm, association, or corporation; and .