[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''.
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