,,ii #aahth ,,congress #ast ,session ,s4 #cdgi ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,december #ab1 #bjbc,mr4 ,heinrich 7for himself1 ,mr4 ,lujn1 ,mr4 ,padilla1 ,ms4 ,butler1 ,mr4 ,kelly1 and ,ms4 ,sinema7 introduced the following bill2 which was read twice and referred to the ,committee on ,environment and ,public ,works ,a ,,bill ,to amend title #dj1 ,united ,states ,code1 to modify certain requirements for regional commissions1 to reauthorize the ,southwest ,border ,regional ,commission1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,southwest ,border ,regional ,commission ,reauthorization ,act of #bjbc4 #b4 ,modifications to regional commissions 7a7 ,membership ,section #aecja of title #dj1 ,united ,states ,code1 is amended-- 7#a7 in subsection 7b77#b77;,c7-- 7,a7 by striking ,an alternate member and inserting the following3 7i7 ,in general ,an alternate member 2 and 7,b7 by adding at the end the following3 7ii7 ,state alternates ,if the alternate ,state member is unable to vote in accordance with clause 7i71 the alternate ,state member may delegate voting authority to a designee1 subject to the condition that the executive director shall be notified1 in writing1 of the designation not less than #a week before the applicable vote4 2 and 7#b7 in subsection 7f71 by striking a ,federal employee and inserting an employee4 7b7 ,decisions ,section #aecjb of title #dj1 ,united ,states ,code1 is amended-- 7#a7 in subsection 7a71 by inserting or ,state alternate members1 including designees after ,state members2 and 7#b7 by striking subsection 7c7 and inserting the following3 7c7 ,quorums 7#a7 ,in general ,subject to paragraph 7#b71 a ,commission shall determine what constitutes a quorum for meetings of the ,commission4 7#b7 ,requirements ,any quorum for meetings of a ,commission shall include-- 7,a7 the ,federal ,cochairperson or the alternate ,federal ,cochairperson2 and 7,b7 a majority of ,state members or alternate ,state members1 including designees 7exclusive of members representing ,states delinquent under section #aecjd7;c77#c77;,c774 4 7c7 ,meetings ,section #aecje7;b7 of title #dj1 ,united ,states ,code1 is amended by striking with the ,federal ,cochairperson and all that follows through the period at the end and inserting the following3 with-- 7#a7 the ,federal ,cochairperson2 and 7#b7 at least a majority of the ,state members or alternate ,state members1 including designees1 present in-person or via electronic means4 4 #c4 ,transfer of funds from other ,federal agencies 7a7 ,in general ,chapter #aec of subtitle ,v of title #dj1 ,united ,states ,code1 is amended-- 7#a7 by redesignating section #aecjh as section #aecji2 and 7#b7 by inserting after section #aecjg the following3 #aecjh4 ,transfer of funds from other ,federal agencies 7a7 ,in general ,subject to subsection 7c71 for purposes of this subtitle1 each ,commission may accept transfers of funds from other ,federal agencies4 7b7 ,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 activity4 7c7 ,treatment ,any funds transferred to a ,commission under this section-- 7#a7 shall remain available until expended2 and 7#b7 may1 to the extent necessary to carry out this subtitle1 be transferred to1 and merged with1 the amounts made available by appropriations ,acts for the ,commission by the ,federal ,cochairperson4 4 7b7 ,clerical amendment ,the analysis for chapter #aec of subtitle ,v of title #dj1 ,united ,states ,code1 is amended by striking the item relating to section #aecjh and inserting the following3 #aecjh4 ,transfer of funds from other ,federal agencies4 #aecji4 ,annual reports4 4 #d4 ,economic and infrastructure development grants ,section #aeeja of title #dj1 ,united ,states ,code1 is amended-- 7#a7 in subsection 7a7-- 7,a7 by redesignating paragraphs 7#d7 through 7#i7 as paragraphs 7#f7 through 7#aa71 respectively2 and 7,b7 by inserting after paragraph 7#c7 the following3 7#d7 to design1 build1 implement1 or upgrade transportation or basic public infrastructure or workforce capacity to support the adaption to and mitigation of climate challenges2 7#e7 to promote the production of housing to meet economic development and workforce needs2 2 and 7#b7 in subsection 7b71 by striking paragraph 7#a71 7#b71 7#c71 or 7#g7 and inserting paragraph 7#a71 7#b71 7#c71 7#d71 7#e71 7#g71 or 7#i74 #e4 ,financial assistance 7a7 ,in general ,chapter #aee of subtitle ,v of title #dj1 ,united ,states ,code1 is amended by adding at the end the following3 #aeejg4 ,discretionary grants 7a7 ,grants to which percentage limitation does not apply ,a discretionary grant made by a ,commission to implement significant regional initiatives1 to take advantage of special development opportunities1 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 #aeeja7;d74 7b7 ,limitation on aggregate amount ,for each fiscal year1 the aggregate amount of discretionary grants provided in accordance with subsection 7a7 shall not be more than #bj percent of the amount made available to carry out this subtitle for the ,commission for the fiscal year4 #aeejh4 ,payment of non-,federal share for certain ,federal grant programs ,notwithstanding any other provision of law1 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-- 7#a7 a ,commission is not the sole or primary funding source for the project2 and 7#b7 the project is consistent with the purposes of the applicable ,commission4 4 7b7 ,clerical amendment ,the analysis for chapter #aee of subtitle ,v of title #dj1 ,united ,states ,code1 is amended by adding at the end the following3 #aeejg4 ,discretionary grants4#aeejh4 ,payment of non-,federal share for certain ,federal grant programs4 4 #f4 ,southwest ,border ,regional ,commission 7a7 ,in general ,section #aegcb of title #dj1 ,united ,states ,code1 is amended-- 7#a7 in paragraph 7#c7-- 7,a7 by inserting ,bernalillo1 before ,catron12 7,b7 by inserting ,cibola1 ,curry1 ,de ,baca1 after ,chaves12 7,c7 by inserting ,guadalupe1 after ,grant12 7,d7 by inserting ,lea1 after ,hidalgo12 7,e7 by inserting ,roosevelt1 after ,otero12 and 7,f7 by striking and ,socorro and inserting ,socorro1 ,torrance1 and ,valencia2 and 7#b7 in paragraph 7#d71 by inserting ,guadalupe1 after ,glasscock14 7b7 ,authorization of appropriations ,section #aegea of title #dj1 ,united ,states ,code1 is amended by striking subsection 7a7 and inserting the following3 7a7 ,in general ,there are authorized to be appropriated to each ,commission to carry out this subtitle-- 7#a7 #ajj1jjj1jjj for each of fiscal years #bjbd through #bjbh2 and 7#b7 #bjj1jjj1jjj for each of fiscal years #bjbi through #bjcc4 4 #g4 ,capacity building programs 7a7 ,in general ,subtitle ,v of title #dj1 ,united ,states ,code1 is amended by adding at the end the following3 #aei ,southwest ,border ,region capacity building programs ,sec4 #aeija4 ,definition4#aeijb4 ,state capacity building grant program4#aeijc4 ,demonstration health projects4#aeijd4 ,water and wastewater infrastructure projects4 #aeija4 ,definition ,in this chapter1 the term ,,sbrc means the ,southwest ,border ,regional ,commission established by section #aecja7;a77#b74 #aeijb4 ,state capacity building grant program 7a7 ,definitions ,in this section3 7#a7 ,commission ,state ,the term ,commission ,state means each of the ,states of ,arizona1 ,california1 ,new ,mexico1 and ,texas4 7#b7 ,eligible county ,the term eligible county means a county described in section #aegcb4 7#c7 ,program ,the term program means the ,state capacity building grant program established under subsection 7b74 7b7 ,establishment ,the ,,sbrc shall establish a ,state capacity building grant program to provide grants to ,commission ,states for the purposes described in subsection 7c74 7c7 ,purposes ,the purposes of the program are to support the efforts of the ,,sbrc-- 7#a7 to better support business retention and expansion in eligible counties2 7#b7 to create programs to encourage job creation and workforce development in eligible counties2 7#c7 to prepare economic and infrastructure plans for eligible counties2 7#d7 to expand access to high-speed broadband in eligible counties2 7#e7 to provide technical assistance that results in ,,sbrc investments in transportation1 water1 wastewater1 and other critical infrastructure2 7#f7 to create initiatives to increase the effectiveness of local development districts in eligible counties2 7#g7 to implement new or innovative economic development practices that will better position the eligible counties of ,commission ,states to compete in the global economy2 and 7#h7 to create new capacity building centers within universities in distressed counties 7as designated under section #aegjb7;a77#a77 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 execution1 financial management1 and to leverage funding sources4 7d7 ,use of funds 7#a7 ,in general ,funds from a grant under the program may be used to support a project1 program1 or related expense of the ,commission ,state in an eligible county4 7#b7 ,limitation ,funds from a grant under the program shall not be used for-- 7,a7 the purchase of furniture1 fixtures1 or equipment2 7,b7 the compensation of-- 7i7 any ,state member of the ,commission 7as described in section #aecja7;b77#a77;,b772 or 7ii7 any ,state alternate member of the ,commission 7as described in section #aecja7;b77#b77;,b772 or 7,c7 the cost of supplanting existing ,state programs4 7e7 ,annual work plan 7#a7 ,in general ,for each fiscal year1 before providing a grant under the program1 each ,commission ,state shall provide to the ,,sbrc an annual work plan that includes the proposed use of the grant4 7#b7 ,approval ,no grant under the program shall be provided to a ,commission ,state unless the ,,sbrc has approved the annual work plan of the ,state4 7f7 ,amount of grant 7#a7 ,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-- 7,a7 the amount paid by the ,commission ,state 7including any amounts paid on behalf of the ,commission ,state by a nonprofit organization7 for administrative expenses for the applicable fiscal year 7as determined under section #aecjd7;c772 bears to 7,b7 the amount paid by all ,commission ,states 7including any amounts paid on behalf of a ,commission ,state by a nonprofit organization7 for administrative expenses for that fiscal year 7as determined under that section74 7#b7 ,requirement ,to be eligible to receive a grant under the program for a fiscal year1 a ,commission ,state 7or a nonprofit organization on behalf of the ,commission ,state7 shall pay the amount of administrative expenses of the ,commission ,state for the applicable fiscal year 7as determined under section #aecjd7;c774 7#c7 ,approval ,for each fiscal year1 a grant provided under the program shall be approved and made available as part of the approval of the annual budget of the ,,sbrc4 7g7 ,grant availability ,funds from a grant under the program shall be available only during the fiscal year for which the grant is provided4 7h7 ,report ,each fiscal year1 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 ,state4 7i7 ,funding 7#a7 ,in general ,there is authorized to be appropriated to carry out this section #aj1jjj1jjj for each of fiscal years #bjbd through #bjcc4 7#b7 ,supplement1 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 ,,sbrc4 #aeijc4 ,demonstration health projects 7a7 ,purpose ,to demonstrate the value of adequate health facilities and services to the economic development of the region1 the ,,sbrc may make grants for the planning1 construction1 equipment1 and operation of demonstration health1 nutrition1 and child care projects 7referred to in this section as a demonstration health project71 including hospitals1 regional health diagnostic and treatment centers1 and other facilities and services necessary for the purposes of this section4 7b7 ,eligible entities ,an entity eligible to receive a grant under this section is-- 7#a7 an entity described in section #aeeja7;a72 7#b7 an institution of higher education 7as defined in section #aja7;a7 of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajja7;a7772 7#c7 a hospital 7as defined in section #ahfa of the ,social ,security ,act 7#db ,u4,s4,c4 #aciex772 and 7#d7 a critical access hospital 7as defined in that section7 that is located not more than #ej miles from an international land border4 7c7 ,planning grants 7#a7 ,in general ,the ,,sbrc may make grants for planning expenses necessary for the development and operation of demonstration health projects for the ,,sbrc region4 7#b7 ,maximum ,,sbrc contribution ,the maximum ,,sbrc contribution for a demonstration health project that receives a grant under paragraph 7#a7 shall be made in accordance with section #aeeja7;d74 7#c7 ,sources of assistance ,a grant under paragraph 7#a7 may be provided entirely from amounts made available to carry out this section or in combination with amounts provided under other ,federal grant programs4 7#d7 ,federal share for grants under other ,federal grant programs ,notwithstanding any provision of law limiting the ,federal share in other ,federal grant programs1 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 7#b74 7d7 ,construction and equipment grants 7#a7 ,in general ,a grant under this section for construction or equipment of a demonstration health project may be used for-- 7,a7 costs of construction2 7,b7 the acquisition of privately owned facilities-- 7i7 not operated for profit2 or 7ii7 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 made2 and 7,c7 the acquisition of initial equipment4 7#b7 ,standards for making grants ,a grant under paragraph 7#a7-- 7,a7 shall be approved in accordance with section #aeejc2 and 7,b7 shall not be incompatible with the applicable provisions of title ,,vi of the ,public ,health ,service ,act 7#db ,u4,s4,c4 #bia et seq471 the ,developmental ,disabilities ,assistance and ,bill of ,rights ,act of #bjjj 7#db ,u4,s4,c4 #aejja et seq471 and other laws authorizing grants for the construction of health-related facilities1 without regard to any provisions in those laws relating to appropriation authorization ceilings or to allotments among the ,states4 7#c7 ,maximum ,,sbrc contribution ,the maximum ,,sbrc contribution for a demonstration health project that receives a grant under paragraph 7#a7 shall be made in accordance with section #aeeja7;d74 7#d7 ,sources of assistance ,a grant under paragraph 7#a7 may be provided entirely from amounts made available to carry out this section or in combination with amounts provided under other ,federal grant programs4 7#e7 ,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 project1 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 #ij percent of the cost of the facilities4 7e7 ,operation grants 7#a7 ,in general ,a grant under this section for the operation of a demonstration health project may be used for-- 7,a7 the costs of operation of the facility2 and 7,b7 initial operating costs1 including the costs of attracting1 training1 and retaining qualified personnel4 7#b7 ,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-- 7,a7 publicly owned2 7,b7 owned by a public or private nonprofit organization2 7,c7 a private hospital described in section #eja7;c77#c7 of the ,internal ,revenue ,code of #aihf and exempt from taxation under section #eja7;a7 of that ,code2 or 7,d7 a private hospital that provides a certain amount of uncompensated care1 as determined by the ,,sbrc1 and applies for the grant in partnership with a ,state1 local government1 or ,indian ,tribe4 7#c7 ,maximum ,,sbrc contribution ,the maximum ,,sbrc contribution for a demonstration health project that receives a grant under paragraph 7#a7 shall be made in accordance with section #aeeja7;d74 7#d7 ,sources of assistance ,a grant under paragraph 7#a7 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 services1 including parts ,a and ,b of title ,,iv and title ,,xx of the ,social ,security ,act 7#db ,u4,s4,c4 #fja et seq41 #fba et seq41 #acig et seq474 7#e7 ,federal share ,notwithstanding any provision of law limiting the ,federal share in the other ,federal programs described in paragraph 7#d71 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 7#c74 7f7 ,emphasis on programs ,to address health professional shortages ,to provide for the further development of the human resources of the ,,sbrc region1 grants under this section shall give special emphasis to projects and activities to address health professional shortages in the ,,sbrc region1 including projects and activities-- 7#a7 to increase access to and disseminate information on the availability of treatment programs2 7#b7 to strengthen the health professional workforce operating in the ,,sbrc region1 including programs to attract and retain relevant health care services1 businesses1 and staff2 7#c7 to facilitate the sharing of best practices among ,states1 counties1 and other experts in the ,,sbrc region with respect to sustaining and incentivizing healthcare workforce2 7#d7 to enhance health care access and quality of care for residents in the ,,sbrc area1 and develop and disseminate models of care that enhance health equity2 and 7#e7 to develop relevant infrastructure1 including broadband infrastructure that supports the use of telemedicine4 #aeijd4 ,water and wastewater infrastructure projects 7a7 ,purpose ,the ,,sbrc may make grants for-- 7#a7 the planning1 design1 construction1 and equipment of public water systems 7as defined in section #adja of the ,safe ,drinking ,water ,act 7#db ,u4,s4,c4 #cjj;f77 and wastewater infrastructure 7including treatment works 7as defined in section #bab of the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #abib777 that provides substantial water supply and other benefits for the ,,sbrc region for-- 7,a7 projects and activities described in section #adeb7;a77#b77;,b7 of the ,safe ,drinking ,water ,act 7#db ,u4,s4,c4 #cjj;j-#ab7;a77#b77;,b772 and 7,b7 projects and activities described in paragraphs 7#a7 and 7#d7 of section #fjc7;c7 of the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #achc7;c771 without regard to whether the treatment works is a publicly owned treatment works2 and 7#b7 activities described in section #dcjd7;c77#a7 of the ,america's ,water ,infrastructure ,act of #bjah 7#db ,u4,s4,c4 #cjj;j-#ai;e7c77#a774 7b7 ,eligible entities ,an entity eligible to receive a grant under this section is an entity described in section #aeeja7;a74 7c7 ,planning grants 7#a7 ,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 region4 7#b7 ,maximum ,,sbrc contribution ,the maximum ,,sbrc contribution for a project that receives a grant under paragraph 7#a7 shall be determined in accordance with section #aeeja7;d74 7#c7 ,sources of assistance ,a grant under paragraph 7#a7 may be combined with amounts provided under other ,federal grant programs4 7#d7 ,federal share for grants under other ,federal grant programs ,notwithstanding any provision of law limiting the ,federal share in another ,federal grant program1 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 7#b74 7d7 ,construction and equipment grants 7#a7 ,in general ,a grant under this section for construction or equipment of a water or wastewater infrastructure project may be used for-- 7,a7 costs of construction2 7,b7 the acquisition of privately owned facilities-- 7i7 not operated for profit2 or 7ii7 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 facility2 and 7,c7 the acquisition of initial equipment4 7#b7 ,standards for making grants ,a grant under paragraph 7#a7-- 7,a7 shall be approved in accordance with section #aeejc2 and 7,b7 shall not be incompatible with other ,federal laws 7including regulations71 without regard to any provisions in those laws relating to appropriation authorization ceilings or to allotments among the ,states4 7#c7 ,maximum ,,sbrc contribution ,the maximum ,,sbrc contribution for a project that receives a grant under paragraph 7#a7 shall be determined in accordance with section #aeeja7;d74 7#d7 ,sources of assistance ,a grant under paragraph 7#a7 may be combined with amounts provided under other ,federal grant programs4 7#e7 ,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 project1 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 #ij percent of the cost of the facilities4 7e7 ,emphasis on programs ,to address water sector workforce shortages ,to provide for the further development of the human resources of the ,,sbrc region1 grants under this section shall give special emphasis to projects and activities to address water sector professional shortages in the ,,sbrc region1 including projects and activities-- 7#a7 to strengthen the water sector workforce operating in the ,,sbrc region1 including programs to attract and retain relevant staff2 and 7#b7 to facilitate the sharing of best practices among ,states1 counties1 and other experts in the ,,sbrc region with respect to sustaining and incentivizing the water sector workforce4 4 7b7 ,clerical amendment ,the table of chapters for subtitle ,v of title #dj1 ,united ,states ,code1 is amended by inserting after the item relating to chapter #aeg the following3 #aei4 ,southwest ,border ,region ,capacity ,building ,programs#aeija 4 7c7 ,waiver of matching requirement ,chapter #aee of subtitle ,v of title #dj1 ,united ,states ,code 7as amended by section #e7;a77 is amended by adding at the end the following3 #aeeji4 ,waiver of matching requirement for colonias and ,indian tribes 7a7 ,definition of colonia 7#a7 ,in general ,in this section1 the term colonia-- 7,a7 during the period beginning on the date of enactment of this section and ending on the date that is #b years after the date of enactment of this section1 means-- 7i7 a colonia 7as defined by the ,secretary of ,agriculture72 7ii7 a colonia 7as defined by the ,secretary of ,housing and ,urban ,development72 and 7iii7 a colonia 7as defined by the applicable ,state agency72 and 7,b7 during the period beginning #b years after the date of enactment of this section1 has the meaning given the term by the ,southwest ,border ,regional ,commission pursuant to paragraph 7#b74 7#b7 ,unified definition ,not later than #b years after the date of enactment of this section1 the ,southwest ,border ,regional ,commission1 in consultation with the ,secretary of ,agriculture1 the ,secretary of ,housing and ,urban ,development1 and applicable ,state agencies1 shall develop a definition of the term colonia4 7b7 ,waiver ,notwithstanding any other provision of law1 in the case of assistance provided to an entity described in subsection 7c7 under this subtitle by the ,southwest ,border ,regional ,commission-- 7#a7 the ,federal share of the cost of the project carried out with that assistance shall be #ajj percent2 and 7#b7 the entity shall not be required to provide matching funds for the project4 7c7 ,entities described ,an entity referred to in subsection 7b7 is any of the following3 7#a7 ,a colonia4 7#b7 ,an ,indian tribe4 4 7d7 ,clerical amendment ,the analysis for chapter #aee of subtitle ,v of title #dj1 ,united ,states ,code 7as amended by section #e7;b771 is amended by inserting after the item relating to section #aeejh the following3 #aeeji4 ,waiver of matching requirement for colonias and ,indian tribes4 4 #h4 ,administrative powers and expenses ,section #aecjd7;a7 of title #dj1 ,united ,states ,code1 is amended-- 7#a7 in paragraph 7#e71 by inserting 1 without a requirement for the ,commission to reimburse the agency or local government after status2 7#b7 in paragraph 7#h71 by striking and at the end2 7#c7 by redesignating paragraph 7#i7 as paragraph 7#aj72 and 7#d7 by inserting after paragraph 7#h7 the following3 7#i7 in the case of the ,southwest ,border ,regional ,commission1 enter into and perform such leases 7including the lease of office space for any term7 as are necessary to carry out ,commission duties1 including any leases with a department1 agency1 or instrumentality of the ,united ,states1 a ,state 7including a political subdivision1 agency1 or instrumentality of the ,state71 or a person1 firm1 association1 or corporation2 and 4