Sec. 7. Capacity building programs

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Subtitle V of title 40, United States Code, is amended by adding at the end the following: Sec. 15901. Definition. 15902. State capacity building grant program. 15903. Demonstration health projects. 15904. Water and wastewater infrastructure projects. In this chapter, the term SBRC means the Southwest Border Regional Commission established by section 15301(a)(2). In this section: The term Commission State means each of the States of Arizona, California, New Mexico, and Texas.

The term eligible county means a county described in section 15732. The term program means the State capacity building grant program established under subsection (b). The SBRC shall establish a State capacity building grant program to provide grants to Commission States for the purposes described in subsection (c). The purposes of the program are to support the efforts of the SBRC— to better support business retention and expansion in eligible counties; to create programs to encourage job creation and workforce development in eligible counties; to prepare economic and infrastructure plans for eligible counties; to expand access to high-speed broadband in eligible counties; to provide technical assistance that results in SBRC investments in transportation, water, wastewater, and other critical infrastructure; to create initiatives to increase the effectiveness of local development districts in eligible counties; 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 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.

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. Funds from a grant under the program shall not be used for— the purchase of furniture, fixtures, or equipment; the compensation of— any State member of the Commission (as described in section 15301(b)(1)(B)); or any State alternate member of the Commission (as described in section 15301(b)(2)(B)); or the cost of supplanting existing State programs.

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. No grant under the program shall be provided to a Commission State unless the SBRC has approved the annual work plan of the State. The amount of a grant provided to a Commission State under the program for a fiscal year shall be based on the proportion that— 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 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).

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)). 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. Funds from a grant under the program shall be available only during the fiscal year for which the grant is provided.

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. There is authorized to be appropriated to carry out this section $10,000,000 for each of fiscal years 2024 through 2033. 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. 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.

An entity eligible to receive a grant under this section is— an entity described in section 15501(a); an institution of higher education (as defined in section 101(a) of the Higher Education Act of 1965 ( 20 U.S.C. 1001(a) )); a hospital (as defined in section 1861 of the Social Security Act ( 42 U.S.C. 1395x )); and a critical access hospital (as defined in that section) that is located not more than 50 miles from an international land border. The SBRC may make grants for planning expenses necessary for the development and operation of demonstration health projects for the SBRC region.

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). 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. 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). A grant under this section for construction or equipment of a demonstration health project may be used for— costs of construction; the acquisition of privately owned facilities— not operated for profit; or 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 the acquisition of initial equipment. A grant under paragraph (1)— shall be approved in accordance with section 15503; and 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. 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). 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. 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. A grant under this section for the operation of a demonstration health project may be used for— the costs of operation of the facility; and initial operating costs, including the costs of attracting, training, and retaining qualified personnel. A grant for the operation of a demonstration health project shall not be made unless the facility funded by the grant is— publicly owned; owned by a public or private nonprofit organization; 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 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. 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). 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.). 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). 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— to increase access to and disseminate information on the availability of treatment programs; to strengthen the health professional workforce operating in the SBRC region, including programs to attract and retain relevant health care services, businesses, and staff; 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; 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 to develop relevant infrastructure, including broadband infrastructure that supports the use of telemedicine. The SBRC may make grants for— 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— 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 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 activities described in section 4304(c)(1) of the America’s Water Infrastructure Act of 2018 (42 U.S.C. 300j–19e(c)(1)). An entity eligible to receive a grant under this section is an entity described in section 15501(a). The SBRC may make grants for planning expenses necessary for the development and operation of water and wastewater infrastructure projects for the SBRC region. The maximum SBRC contribution for a project that receives a grant under paragraph

(1)shall be determined in accordance with section 15501(d). A grant under paragraph

(1)may be combined with amounts provided 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). A grant under this section for construction or equipment of a water or wastewater infrastructure project may be used for— costs of construction; the acquisition of privately owned facilities— not operated for profit; or 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 the acquisition of initial equipment. A grant under paragraph (1)— shall be approved in accordance with section 15503; and 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. The maximum SBRC contribution for a project that receives a grant under paragraph

(1)shall be determined in accordance with section 15501(d). A grant under paragraph

(1)may be combined with amounts provided under other Federal grant programs. 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. 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— to strengthen the water sector workforce operating in the SBRC region, including programs to attract and retain relevant staff; and 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. . 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 . 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: In this section, the term colonia — 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— a colonia (as defined by the Secretary of Agriculture); a colonia (as defined by the Secretary of Housing and Urban Development); and a colonia (as defined by the applicable State agency); and 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). 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 . 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— the Federal share of the cost of the project carried out with that assistance shall be 100 percent; and the entity shall not be required to provide matching funds for the project. An entity referred to in subsection

(b)is any of the following: A colonia. An Indian tribe. . 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. .

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