[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 3479 Introduced in Senate (IS)]
<DOC>
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. Lujan, 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.
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 ``Southwest Border Regional Commission
Reauthorization Act of 2023''.
SEC. 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.''.
SEC. 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:
``Sec. 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.''.
SEC. 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)''.
SEC. 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:
``Sec. 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.
``Sec. 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.''.
SEC. 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.''.
SEC. 7. CAPACITY BUILDING PROGRAMS.
(a) In General.--Subtitle V of title 40, United States Code, is
amended by adding at the end the following:
``CHAPTER 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.
``Sec. 15901. Definition
``In this chapter, the term `SBRC' means the Southwest Border
Regional Commission established by section 15301(a)(2).
``Sec. 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.
``Sec. 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.
``Sec. 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:
``Sec. 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.''.
SEC. 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''.
<all>