Calendar No. 616

103D CONGRESS

2D SESSION S. 1225

A BILL

To authorize and encourage the President to consion. United States-Mexico Border Health Commis- clude an agreement with Mexico to establish a

SEPTEMBER 22 (legislative day, SEPTEMBER 12), 1994

Reported without amendment
II

Calendar No. 616

103D CONGRESS

2D SESSION S. 1225

To authorize and encourage the President to conclude an agreement with

Mexico to establish a United States-Mexico Border Health Commission.

IN THE SENATE OF THE UNITED STATES

JULY 14 (legislative day, JUNE 30), 1993

Mr. BINGAMAN (for himself, Mr. MCCAIN, Mr. SIMON, and Mrs. HUTCHISON)

introduced the following bill; which was read twice and referred to the

Committee on Foreign Relations

SEPTEMBER 22 (legislative day, SEPTEMBER 12), 1994

Reported by Mr. PELL, without amendment

A BILL

To authorize and encourage the President to conclude an

agreement with Mexico to establish a United StatesMexico Border Health Commission.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘United States-Mexico

5 Border Health Commission Act’’.
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1 SEC. 2. AGREEMENT TO ESTABLISH BINATIONAL COMMIS2 SION.

3 The President is authorized and encouraged to con4 clude an agreement with Mexico to establish a binational

5 commission to be known as the United States-Mexico Bor6 der Health Commission.

7 SEC. 3. DUTIES.

8 It should be the duty of the Commission—

9 (1) to conduct a comprehensive needs assess10 ment in the United States-Mexico border area for

11 the purposes of identifying, evaluating, preventing,

12 and resolving health problems and potential health

13 problems that affect the general population of the

14 area;

15 (2) to develop and implement a comprehensive

16 plan for carrying out the actions recommended by

17 the needs assessment through—

18 (A) assisting in the coordination of public

19 and private efforts to prevent potential health

20 problems and resolve existing health problems,

21 (B) assisting in the coordination of public

22 and private efforts to educate the population, in

23 a culturally competent manner, concerning such

24 potential and existing health problems, and

25 (C) developing and implementing culturally

26 competent programs to prevent and resolve
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1 such health problems and to educate the popu2 lation, in a culturally competent manner, con3 cerning such health problems where a new pro4 gram is necessary to meet a need that is not

5 being met through other public or private ef6 forts; and

7 (3) to formulate recommendations to the Gov8 ernments of the United States and Mexico concern9 ing a fair and reasonable method by which the gov10 ernment of one country would reimburse a public or

11 private person in the other country for the cost of

12 a health care service that such person furnishes to

13 a citizen or resident alien of the first country who

14 is unable, through insurance or otherwise, to pay for

15 the service.

16 SEC. 4. OTHER AUTHORIZED FUNCTIONS.

17 In addition to the duties described in section 3, the

18 Commission should be authorized to perform the following

19 functions as the Commission determines to be appro20 priate—

21 (1) to conduct or support investigations, re22 search, or studies designed to identify, study, and

23 monitor, on an on-going basis, health problems that

24 affect the general population in the United States25 Mexico border area;
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1 (2) to conduct or support a binational, public2 private effort to establish a comprehensive and co3 ordinated system, which uses advanced technologies

4 to the maximum extent possible, for gathering

5 health-related data and monitoring health problems

6 in the United States-Mexico border area; and

7 (3) to provide financial, technical, or adminis8 trative assistance to public or private persons who

9 act to prevent or resolve such problems or who edu10 cate the population concerning such health problems.

11 SEC. 5. MEMBERSHIP.

12 (a) NUMBER AND APPOINTMENT OF UNITED STATES

13 SECTION.—The United States section of the Commission

14 should be composed of 13 members. The section should

15 consist of the following members:

16 (1) The Secretary of Health and Human Serv17 ices or the Secretary’s delegate.

18 (2) The commissioners of health or chief health

19 officer from the States of Texas, New Mexico, Ari20 zona, and California or such commissioners’ dele21 gates.

22 (3) 2 individuals from each of the States of

23 Texas, New Mexico, Arizona, and California who are

24 nominated by the chief executive officer of the re-
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1 spective States and appointed by the President from

2 among individuals—

3 (A) who have a demonstrated interest or

4 expertise in health issues of the United States5 Mexico border area; and

6 (B) whose name appears on a list of 6

7 nominees submitted to the President by the

8 chief executive officer of the State where the

9 nominees resides.

10 (b) COMMISSIONER.—The Commissioner of the

11 United States section of the Commission should be the

12 Secretary of Health and Human Services or such individ13 ual’s delegate to the Commission. The Commissioner

14 should be the leader of the section.

15 (c) COMPENSATION.—Members of the United States

16 section of the Commission who are not employees of the

17 United States—

18 (1) shall each receive compensation at a rate of

19 not to exceed the daily equivalent of the annual rate

20 of basic pay payable for positions at GS–15 of the

21 General Schedule under section 5332 of title 5,

22 United States Code, for each day such member is

23 engaged in the actual performance of the duties of

24 the Commission; and
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1 (2) shall be allowed travel expenses, including

2 per diem in lieu of subsistence at rates authorized

3 for employees of agencies under subchapter I of

4 chapter 57 of title 5, United States Code, while

5 away from their homes or regular places of business

6 in the performance of services of the Commission.

7 SEC. 6. REGIONAL OFFICES.

8 The Commission should establish no fewer than 3 re9 gional border offices in locations selected by the Commis10 sion.

11 SEC. 7. REPORTS.

12 Not later than February 1 of each year that occurs

13 more than 1 year after the date of the establishment of

14 the Commission, the Commission should submit an annual

15 report to both the United States Government and the Gov16 ernment of Mexico regarding all activities of the Commis17 sion during the preceding calendar year.

18 SEC. 8. AUTHORIZATION OF APPROPRIATIONS.

19 There are authorized to be appropriated to the Sec20 retary of State for payment of the United States share

21 of the expenses of the Commission such sums as may be

22 necessary.

23 SEC. 9. DEFINITIONS.

24 For purposes of this Act:
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1 (1) COMMISSION.—The term ‘‘Commission’’

2 means the United States-Mexico Border Health

3 Commission authorized in section 2.

4 (2) HEALTH PROBLEM.—The term ‘‘health

5 problem’’ means a disease or medical ailment or an

6 environmental condition that poses the risk of dis7 ease or medical ailment. The term includes diseases,

8 ailments, or risks of disease or ailment caused by or

9 related to environmental factors, control of animals

10 and rabies, control of insect and rodent vectors, dis11 posal of solid and hazardous waste, and control and

12 monitoring of air and water quality.

13 (3) RESIDENT ALIEN.—The term ‘‘resident

14 alien’’, when used in reference to a country, means

15 an alien lawfully admitted for permanent residence

16 to the country or otherwise permanently residing in

17 the country under color of law (including residence

18 as an asylee, refugee, or parolee).

19 (4) UNITED STATES-MEXICO BORDER AREA.—

20 The term ‘‘United States-Mexico border area’’

21 means the area located in the United States and

22 Mexico within 100 kilometers of the border between

23 the United States and Mexico.