Overview

Title

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.

ELI5 AI

The "Southwest Border Regional Commission Reauthorization Act of 2023" is a plan that wants to help certain areas by giving them money to build things like roads or hospitals and helping people find jobs, especially in areas near the southwest border of the U.S. This plan also lets these areas get money from the government without having to pay anything back, especially if they need help really badly.

Summary AI

The bill, titled the "Southwest Border Regional Commission Reauthorization Act of 2023," aims to update regulations for regional commissions and renew the Southwest Border Regional Commission. It introduces changes in membership and decision-making processes for these commissions and allows them to accept funds from other federal agencies. The bill also seeks to provide grants for economic development, workforce capacity, infrastructure projects, and healthcare programs in southwest border regions, with specific funding amounts authorized for fiscal years through 2033. Additionally, it includes provisions for waiving matching fund requirements for certain groups, such as colonias and Indian tribes.

Published

2023-12-12
Congress: 118
Session: 1
Chamber: SENATE
Status: Introduced in Senate
Date: 2023-12-12
Package ID: BILLS-118s3479is

Bill Statistics

Size

Sections:
16
Words:
5,515
Pages:
27
Sentences:
117

Language

Nouns: 1,525
Verbs: 378
Adjectives: 270
Adverbs: 17
Numbers: 277
Entities: 388

Complexity

Average Token Length:
4.11
Average Sentence Length:
47.14
Token Entropy:
5.19
Readability (ARI):
24.74

AnalysisAI

The bill titled "Southwest Border Regional Commission Reauthorization Act of 2023" aims to update the laws concerning regional commissions by amending title 40 of the United States Code. This legislation attempts to reauthorize the Southwest Border Regional Commission (SBRC) and enhance the capacity and authority of regional commissions, including how they handle funds and grants, plan projects, and manage regional initiatives.

General Summary of the Bill

The bill involves several major updates:

  1. Membership and Meetings: It modifies how alternate State members can delegate voting authority in regional commission meetings and updates what constitutes a quorum. This includes allowing electronic participation in meetings.

  2. Funds Transfer: The bill permits commissions to receive funds from other federal agencies indefinitely and merge them with existing allocations for ongoing projects.

  3. Economic and Infrastructure Grants: The updates allow grants for projects related to climate adaptation, infrastructure development, and housing to meet workforce needs.

  4. Financial Assistance: The bill introduces discretionary grants exempt from some funding limits and allows funds to support non-Federal share requirements in certain projects.

  5. Southwest Border Regional Commission Focus: It adds counties to be managed under the SBRC and establishes programs aimed at capacity building, health projects, and water infrastructure. It also sets the budget for these initiatives.

  6. Waiver for Colonias and Indian Tribes: The bill proposes a complete waiver of matching requirements for these groups' projects, covering 100% of project costs.

Summary of Significant Issues

  • Ambiguities in Definitions: Terms such as "significant regional initiatives" and "special development opportunities" lack specific definitions, which could lead to inconsistent implementation of discretionary grants and funding decisions.

  • Financial Oversight Concerns: The bill allows funds to be transferred between federal agencies and commissions without explicit limits, risking potential misuse and wasteful spending.

  • Funding Justification: Large annual appropriations for the SBRC are proposed without detailed justification, which could affect fiscal responsibility.

  • Lack of Metrics and Evaluation: There is a strong emphasis on grants and programs, but many sections lack clear performance metrics or evaluation criteria, raising concerns about effective use and accountability of public funds.

  • Quorum Definitions: Ambiguity in how quorums are defined for meetings could affect decision-making and consistency across commissions.

  • Waiver of Matching Requirements: While potentially beneficial for certain communities, this could lead to increased federal expenditures without ensuring project viability or necessity.

Potential Public Impact

The bill might broadly impact the public by facilitating more streamlined federal support for regional infrastructure and development projects, especially in areas facing economic distress. The creation of new programs and reauthorization of commissions could potentially foster regional growth, address workforce challenges, and improve public services like health and water systems.

Stakeholder Impact

  • Regional Communities: The bill could mean enhanced support and development for communities under the commission's jurisdiction, potentially leading to economic and infrastructural improvements.

  • State and Local Governments: These entities might benefit from clearer funding paths and potential federal assistance in meeting economic and infrastructure needs.

  • Colonias and Indian Tribes: A waiver of matching funds requirements could significantly benefit these communities by eliminating financial barriers to federal support, allowing them to undertake projects they otherwise might not afford.

  • Federal Agencies and Taxpayers: Without proper oversight and clear benchmarks, taxpayers might be concerned about effective stewardship of funds. Federal agencies might face challenges in ensuring that transferred funds are used effectively within broader fiscal policy.

In conclusion, while the bill offers opportunities for enhancing regional initiatives and federal support, it demands careful administration to avoid potential pitfalls related to funding oversight and program implementation.

Financial Assessment

The "Southwest Border Regional Commission Reauthorization Act of 2023" outlines various financial mechanisms to support regional economic development and infrastructure enhancement. Below is a detailed examination of the financial elements within the bill and their potential implications.

Appropriations and Funding Allocations

The bill authorizes substantial financial resources aimed at supporting the operations of regional commissions, particularly the Southwest Border Regional Commission (SBRC). It specifies $100 million in appropriations for each fiscal year from 2024 to 2028 and doubles this amount to $200 million for each fiscal year from 2029 to 2033. Such allocations aim to extend support for various local infrastructure and economic development initiatives.

Grants and Financial Assistance

Economic and Infrastructure Grants

The legislation introduces the possibility of grants in areas such as infrastructure upgrades to adapt to climate change, enhance public transportation, and boost housing production, among other areas. However, one issue flagged is the absence of specific criteria for these grants, particularly concerning discretionary grants for "significant regional initiatives," "special development opportunities," and "emergency economic distress." This lack of specificity could lead to inconsistent allocation of funds, highlighting a need for clearer guidelines to avoid potential bias or misuse of substantial federal resources.

Capacity Building Programs

A budget of $10 million annually is earmarked for capacity building programs from 2024 to 2033. These funds are intended to enhance economic strategies within eligible counties across Arizona, California, New Mexico, and Texas. However, the bill does not detail performance metrics or evaluation standards for these programs. This absence might result in inefficient use of funds, which could compromise the intended economic outcomes.

Financial Transfers and Oversight

The bill permits the transfer of funds from other federal agencies to the commissions. This provision, while enabling flexibility and resource consolidation for projects, lacks explicit constraints or oversight mechanisms. Such unrestricted financial movement could potentially lead to wasteful expenditure if not properly regulated, as noted in the identified issues.

Waivers and Matching Funds

An important feature of the bill is the waiver of matching requirements for "colonias" and Indian tribes, allowing these entities to receive 100% federal funding for specific projects without needing to provide matching funds. While this supports underserved communities, the lack of clear criteria for eligible projects could lead to allocation inefficiencies. Ensuring robust assessment criteria for project capability and necessity could address potential issues related to this financial provision.

Financial Responsibility and Justification

The authorization of appropriations at such high levels calls for rigorous justification to ensure transparency and fiscal accountability. Misuse or inefficient allocation of these funds could profoundly impact both federal budgets and local economies. Clarity and transparency in how funds are allocated and spent are paramount to achieving the bill’s objectives without negative repercussions on financial sustainability.

Conclusion

The legislation outlines significant financial commitments and measures to promote regional development and infrastructure in the southwest border areas. However, the identified issues around the specificity of criteria, oversight of fund transfers, and justification for substantial appropriations suggest a need for more rigorous frameworks and guidelines to ensure financial prudence and effective use of taxpayer dollars.

Issues

  • The provision in Section 5 regarding discretionary grants lacks specific criteria for defining 'significant regional initiatives', 'special development opportunities', or 'emergency economic distress'. This ambiguity could lead to inconsistent or biased allocation of substantial federal funds, which might be concerning for taxpayers and stakeholders.

  • In Sections 3 and 15308, the transfer of funds from other Federal agencies to a Commission can occur without a specified limit or condition, potentially allowing unrestricted flow of funds and risking wasteful spending without proper oversight.

  • Section 15508 allows amounts made available to carry out this subtitle to go towards the non-Federal share of a project, potentially overriding existing laws or funding structures, which could create dependencies on federal funds and sidestep legislative intentions for diverse funding sources.

  • The authorization of appropriations in Section 15751 for significant amounts up to $200 million annually requires detailed justification to ensure transparency and financial responsibility, as misuse or inefficient allocation of these funds could impact federal budgets and local economies.

  • Section 7 contains provisions for capacity building programs that do not specify clear performance metrics or evaluation criteria. This lack of specificity could result in inefficiencies and wasteful spending of federal funds, undermining the goals of economic development.

  • The language in Section 15302 allowing Commissions to determine what constitutes a quorum is vague, which may lead to inconsistent interpretations and possibly impede decision-making processes, affecting the governance and accountability of these regional bodies.

  • Section 15509 provides a waiver of matching requirements for colonias and Indian tribes but lacks clear criteria or conditions for eligible projects. This could lead to federal funds being expended without adequate assessment of project capability or necessity.

  • In Section 15902, the term 'eligible county' is defined by reference to another section that is not provided, making it difficult to ascertain the precise scope and eligibility, which could lead to confusion or exclusion errors in grant distributions.

Sections

Sections are presented as they are annotated in the original legislative text. Any missing headers, numbers, or non-consecutive order is due to the original text.

1. Short title Read Opens in new tab

Summary AI

The first section of the bill states that the official short title for the legislation is the "Southwest Border Regional Commission Reauthorization Act of 2023".

2. Modifications to regional commissions Read Opens in new tab

Summary AI

The modifications to regional commissions described in this section involve changes to how alternate State members can delegate voting authority, what constitutes a quorum for meetings, and the requirements for meetings, including allowing members to be present via electronic means. The section also adjusts the wording regarding employee status and voting processes.

3. Transfer of funds from other Federal agencies Read Opens in new tab

Summary AI

The bill amends title 40 of the United States Code to allow Commissions to receive and manage funds transferred from other Federal agencies, and ensures that these funds can remain available indefinitely to support the Commission's activities. Additionally, the bill updates the chapter's section list to include this new provision and its implications.

15308. Transfer of funds from other Federal agencies Read Opens in new tab

Summary AI

Each Commission can receive money from other Federal agencies for its activities as long as the transferring agency is permitted to support those activities. The funds transferred to a Commission will not expire and can be combined with existing funds designated for the Commission's use by the Federal Cochairperson.

4. Economic and infrastructure development grants Read Opens in new tab

Summary AI

The section updates a law to provide grants for projects related to transportation, public infrastructure, and workforce development that help address climate change. It also supports the production of housing to meet workforce and economic needs, and makes adjustments to the criteria for these grants.

5. Financial assistance Read Opens in new tab

Summary AI

The proposed amendments to Chapter 155 of Title 40 in the U.S. Code introduce two key provisions: § 15507 allows the Commission to award discretionary grants for important regional initiatives or emergencies without adhering to certain percentage limitations, up to 20% of the annual budget. § 15508 enables funds allocated under this subtitle to be used for the non-federal share of projects that align with the Commission's goals, provided the Commission is not the main funder.

15507. Discretionary grants Read Opens in new tab

Summary AI

A Commission can make discretionary grants for special regional projects or emergencies without following certain funding limits, but the total amount of these grants cannot exceed 20% of the Commission's budget for the year.

15508. Payment of non-Federal share for certain Federal grant programs Read Opens in new tab

Summary AI

The section allows money provided under this subtitle to be used to pay the non-Federal share of a project funded by a Federal grant, as long as the Commission isn't the main funding source and the project aligns with the Commission's goals.

6. Southwest Border Regional Commission Read Opens in new tab

Summary AI

The proposed amendments to Section 15732 of title 40, United States Code, add several counties to the Southwest Border Regional Commission, including Bernalillo, Cibola, Curry, De Baca, Guadalupe, Lea, Roosevelt, Torrance, and Valencia. Additionally, the bill authorizes funding of $100 million annually for 2024-2028 and $200 million annually for 2029-2033 to support the Commission's activities.

Money References

  • (a) In general.—Section 15732 of title 40, United States Code, is amended— (1) in paragraph (3)— (A) by inserting “Bernalillo,” before “Catron,”; (B) by inserting “Cibola, Curry, De Baca,” after “Chaves,”; (C) by inserting “Guadalupe,” after “Grant,”; (D) by inserting “Lea,” after “Hidalgo,”; (E) by inserting “Roosevelt,” after “Otero,”; and (F) by striking “and Socorro” and inserting “Socorro, Torrance, and Valencia”; and (2) in paragraph (4), by inserting “Guadalupe,” after “Glasscock,”. (b) Authorization of appropriations.—Section 15751 of title 40, United States Code, is amended by striking subsection (a) and inserting the following: “(a) In general.—There are authorized to be appropriated to each Commission to carry out this subtitle— “(1) $100,000,000 for each of fiscal years 2024 through 2028; and “(2) $200,000,000 for each of fiscal years 2029 through 2033.”. ---

7. Capacity building programs Read Opens in new tab

Summary AI

The text outlines the creation of programs to improve the capacity of the Southwest Border Region under the United States Code. It establishes a grant system to aid states like Arizona and Texas in various areas, including business development and infrastructure improvements, health projects to upgrade health services, and water-related infrastructure projects to ensure adequate clean water supply and sanitation. The Southwest Border Regional Commission is responsible for implementing these programs and is given authority to waive financial matching requirements for colonias and Indian tribes.

Money References

  • — “(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.

15901. Definition Read Opens in new tab

Summary AI

In this section, the term "SBRC" refers to the Southwest Border Regional Commission, which was created by section 15301(a)(2).

15902. State capacity building grant program Read Opens in new tab

Summary AI

The State capacity building grant program assists specific states, known as "Commission States," with funding to support business growth, workforce development, and infrastructure improvements in eligible counties. The grants cannot be used for purchasing furniture, paying certain state officials, or replacing existing state programs, and the program is funded with $10 million annually from 2024 to 2033.

Money References

  • — (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.

15903. Demonstration health projects Read Opens in new tab

Summary AI

The section outlines a program where the SBRC can provide grants to fund demonstration health projects, such as hospitals and healthcare centers, to promote economic development by improving health facilities and services. These grants can be used for planning, construction, equipment, and operation of these projects, with a focus on addressing shortages of health professionals and improving access to healthcare in the SBRC region.

15904. Water and wastewater infrastructure projects Read Opens in new tab

Summary AI

The SBRC can provide grants for water and wastewater infrastructure projects in their region, including planning, construction, and equipment. These grants are aimed at improving water systems and addressing workforce shortages in the water sector, with opportunities to combine with other federal grants and increase the federal contribution for these projects.

15509. Waiver of matching requirement for colonias and Indian tribes Read Opens in new tab

Summary AI

The section allows colonias and Indian tribes to receive federal assistance for projects without having to match funds, covering 100% of the costs. It also defines what a "colonia" is, initially using existing definitions and later requiring the development of a unified definition by the Southwest Border Regional Commission within two years.

8. Administrative powers and expenses Read Opens in new tab

Summary AI

The section amends title 40, section 15304(a) of the United States Code, allowing the Southwest Border Regional Commission to lease office space and other properties needed for its duties. It clarifies that the Commission doesn't have to reimburse agencies or local governments when cooperating under certain terms and makes other minor adjustments to the section’s structure.