I 

109TH CONGRESS 

1ST SESSION H. R. 1319

To improve the health of residents of, and the environment in, the United 

States-Mexico border area. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 15, 2005

Mr. REYES introduced the following bill; which was referred to the Committee 

on Energy and Commerce, and in addition to the Committees on Education and the Workforce, Agriculture, Financial Services, Transportation 

and Infrastructure, International Relations, and Armed Services, for a 

period to be subsequently determined by the Speaker, in each case for 

consideration of such provisions as fall within the jurisdiction of the committee concerned 

A BILL

To improve the health of residents of, and the environment 

in, the United States-Mexico border area.

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 AND TABLE OF CONTENTS. 

4 (a) SHORT TITLE.—This Act may be cited as the 

5 ‘‘Border Economic Recovery Act for Health and the Envi6 ronment’’. 

7 (b) TABLE OF CONTENTS.—The table of contents for 

8 this Act is as follows:
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Sec. 1. Short title and table of contents. 

Sec. 2. Definitions. 

TITLE I—HEALTH RECOVERY 

Sec. 101. United States-Mexico Border Health Commission Act. 

Sec. 102. Funding for emergency health services furnished to undocumented 

aliens. 

Sec. 103. Partnership for Change program to coordinate WIC and other food 

and nutrition assistance in colonias. 

Sec. 104. Water and waste disposal program for colonias. 

Sec. 105. Community resource centers for colonias. 

Sec. 106. Border activities regarding tuberculosis. 

Sec. 107. Health education training center program. 

Sec. 108. Prevention of substance abuse; Border Center for Application of Prevention Technologies. 

Sec. 109. Border cancer screenings; State cancer registries. 

Sec. 110. Expansion of collaborative United States and Mexico border diabetes 

prevention and control project. 

Sec. 111. Healthy Homes Initiative of HUD Office of Lead Hazard Control. 

Sec. 112. Border program for reducing incidence of sexually transmitted diseases. 

TITLE II—ENVIRONMENTAL RECOVERY 

Sec. 201. Materials Corridor Initiative. 

Sec. 202. Southwest Center for Environmental Research and Policy. 

Sec. 203. International Boundary and Water Commission border sanitation 

projects. 

Sec. 204. International Boundary and Water Commission long-range strategic 

planning. 

Sec. 205. North American Commission for Environmental Cooperation. 

Sec. 206. Water conservation grants. 

Sec. 207. International Consortium for the Environment. 

Sec. 208. Border Economic Cooperation Commission. 

Sec. 209. Environmental Protection Agency Border Environmental Infrastructure Fund.

1 SEC. 2. DEFINITIONS. 

2 For purposes of this Act: 

3 (1) COLONIA.—The term ‘‘colonia’’ means an 

4 community that has the following characteristics: 

5 (A) The community is identifiable as a sin6 gle community. 

7 (B) The community is unincorporated. 
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1 (C) The community is located in the 

2 United States-Mexico border area. 

3 (D) The community is subject on a wide4 spread basis to any 2 or more of the following 

5 problems: 

6 (i) Inadequate water or sewer facili7 ties. 

8 (ii) Inadequate roads and drainage. 

9 (iii) Substandard housing. 

10 (2) UNITED STATES-MEXICO BORDER AREA.—

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

12 means the area located in the United States within 

13 100 kilometers of the border between the United 

14 States and Mexico. 

15 TITLE I—HEALTH RECOVERY 

16 SEC. 101. UNITED STATES-MEXICO BORDER HEALTH COM17 MISSION ACT. 

18 The United States-Mexico Border Health Commis19 sion Act (Public Law 103–400) is amended by adding at 

20 the end the following: 

21 ‘‘SEC. 9. AUTHORIZATION OF APPROPRIATIONS. 

22 ‘‘(a) IN GENERAL.—There are authorized to be ap23 propriated to carry out this Act $8,000,0000 for fiscal 

24 year 2006, $10,000,000 for fiscal year 2007, $12,000,000 
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1 for fiscal year 2008, and such sums as may be necessary 

2 for each subsequent fiscal year. 

3 ‘‘(b) AVAILABILITY.—Amounts appropriated pursu4 ant to the authorization of appropriations under sub5 section (a) are authorized to remain available until ex6 pended.’’. 

7 SEC. 102. FUNDING FOR EMERGENCY HEALTH SERVICES 

8 FURNISHED TO UNDOCUMENTED ALIENS. 

9 (a) REQUIRING USE OF FUNDS TO ASSIST HOS10 PITALS AND RELATED PROVIDERS OF EMERGENCY

11 HEALTH SERVICES TO UNDOCUMENTED ALIENS.—Sec12 tion 4723(c) of the Balanced Budget Act of 1997 (8 

13 U.S.C. 1611 note) is amended to read as follows: 

14 ‘‘(c) USE OF FUNDS.—

15 ‘‘(1) IN GENERAL.—From the allotments made 

16 under subsection (b), the Secretary shall pay to each 

17 State amounts described in a State plan, submitted 

18 to the Secretary, under which the amounts so allot19 ted will be paid—

20 ‘‘(A) to hospitals and related providers of 

21 emergency health services to undocumented 

22 aliens that are located in the United States23 Mexico border area (as defined in section 2 of 

24 the Border Economic Recovery Act for Health 

25 and the Environment); and 
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1 ‘‘(B) in a manner that takes into ac2 count—

3 ‘‘(i) each eligible hospital’s or related 

4 provider’s payments under the State plan 

5 approved under title XIX of the Social Se6 curity Act for emergency medical services 

7 described in section 1903(v)(2)(A) of such 

8 Act (42 U.S.C. 1396b(v)(2)(A)); or 

9 ‘‘(ii) an appropriate alternative proxy 

10 for measuring the volume of emergency 

11 health services provided to undocumented 

12 aliens by eligible hospitals and related pro13 viders. 

14 ‘‘(2) DEFINITIONS; SPECIAL RULES.—For pur15 poses of this subsection: 

16 ‘‘(A) The term ‘hospital’ has the meaning 

17 given such term in section 1861(e) of the Social 

18 Security Act (42 U.S.C. 1395x(e)). 

19 ‘‘(B) The term ‘provider’ includes a physi20 cian, another health care professional, and an 

21 entity that furnishes emergency ambulance 

22 services. 

23 ‘‘(C) A provider shall be considered to be 

24 ‘related’ to a hospital to the extent that the 

25 provider furnishes emergency health services to 
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1 an individual for whom the hospital also fur2 nishes emergency health services. 

3 ‘‘(D) Amounts paid under this subsection 

4 shall not duplicate payment made under title 

5 XIX of the Social Security Act for the provision 

6 of emergency medical services described in sec7 tion 1903(v)(2)(A) of such Act.’’. 

8 (b) EXTENSION OF FUNDING.—

9 (1) IN GENERAL.—Section 4723(a) of such Act 

10 is amended to read as follows: 

11 ‘‘(a) TOTAL AMOUNT AVAILABLE FOR ALLOT12 MENT.—There are available for allotments under this sec13 tion, for each of the 5 consecutive fiscal years beginning 

14 with fiscal year 2006, $250,000,000 for payments to cer15 tain States under this section.’’. 

16 (2) CONFORMING AMENDMENT.—Section 

17 4723(b)(1) of such Act is amended by inserting 

18 ‘‘and for each fiscal year described in subsection 

19 (a)’’ after ‘‘fiscal year 2001’’. 

20 SEC. 103. PARTNERSHIP FOR CHANGE PROGRAM TO CO21 ORDINATE WIC AND OTHER FOOD AND NU22 TRITION ASSISTANCE IN COLONIAS. 

23 Section 17 of the Child Nutrition Act of 1966 (42 

24 U.S.C. 1786) is amended by adding at the end the fol25 lowing: 
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1 ‘‘(r)(1) Utilizing Partnerships for Change, which 

2 shall consist of a team comprised of Federal, State and 

3 university staff committed to helping improve nutrition, 

4 health and living conditions in the colonias, the Secretary 

5 shall provide for increased coordination of the provision 

6 of supplemental foods and nutrition education under the 

7 program, including other appropriate food and nutrition 

8 assistance provided under this Act and the Richard B. 

9 Russell National School Lunch Act, for individuals who 

10 reside in colonias located, in whole or in part, in the 

11 United States-Mexico border area. 

12 ‘‘(2) For purposes of this subsection, the terms 

13 ‘colonia’ and ‘United States-Mexico border area’ shall have 

14 the meanings given such terms in section 2 of the Border 

15 Economic Recovery Act for Health and the Environment. 

16 ‘‘(3) There are authorized to be appropriated to carry 

17 out this subsection $5,000,000 for fiscal year 2006 and 

18 for each of the succeeding 4 fiscal years.’’. 

19 SEC. 104. WATER AND WASTE DISPOSAL PROGRAM FOR 

20 COLONIAS. 

21 Section 306C(e)(1) of the Consolidated Farm and 

22 Rural Development Act (7 U.S.C. 1926c(e)(1)) is amend23 ed in each of subparagraphs (A) and (B) by striking 

24 ‘‘$30,000,000’’ and inserting ‘‘$60,000,000’’. 
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1 SEC. 105. COMMUNITY RESOURCE CENTERS FOR 

2 COLONIAS. 

3 (a) AUTHORITY.—The Secretary of Housing and 

4 Urban Development may make grants to colleges and uni5 versities selected under subsection (b) to provide commu6 nity resource centers to serve colonias and their residents. 

7 (b) GRANTS.—For each of the States of Arizona, 

8 California, and New Mexico, the Secretary of Housing and 

9 Urban Development shall select one college or university 

10 located in such State to receive grants under this section. 

11 For the State of Texas, the Secretary shall select the Cen12 ter for Housing and Urban Development of the College 

13 of Architecture at Texas A&M University and one other 

14 State university located in such State in the United 

15 States-Mexico border area to receive grants under this sec16 tion. 

17 (c) USE OF GRANT AMOUNTS.—Grant amounts pro18 vided under this section may only be used by the college 

19 or university receiving the grant to carry out a program 

20 to develop and operate multiple community resources cen21 ters in the State in which such college or university is lo22 cated, which shall include—

23 (1) costs of developing and operating such cen24 ters; 

25 (2) increasing the capacity of the college or uni26 versity to develop such centers; and 
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1 (3) in the case of amounts received by the Cen2 ter for Housing and Urban Development referred to 

3 in subsection (b), carrying out any agreement en4 tered into under subsection (e). 

5 (d) COMMUNITY RESOURCE CENTERS.—Each com6 munity resource center established or operated using 

7 grant amounts made available under this section shall be 

8 located within a colonia and shall provide residents of the 

9 colonia with access to public and private resources and 

10 services appropriate for self- and community development, 

11 such as resources relating to health care, employment 

12 training and assistance, human services, and youth and 

13 elderly programs. 

14 (e) MODEL PROGRAM.—The Secretary shall attempt 

15 to enter into an agreement with the Center for Housing 

16 and Urban Development referred to in subsection (b) that 

17 provides for such Center—

18 (1) to assist other colleges and universities re19 ceiving grants under this section to carry out pro20 grams to develop and operate community resource 

21 centers that are similar to the Colonias Program 

22 carried out by such Center; and 

23 (2) to assist the Secretary in carrying out the 

24 grant program under this section, including by es-
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1 tablishing criteria for selecting colleges and univer2 sities to receive such grants. 

3 (f) AUTHORIZATION OF APPROPRIATIONS.—There is 

4 authorized to be appropriated for grants under this section 

5 $25,000,000 for each of fiscal years 2006, 2007, 2008, 

6 2009, 2010, and 2011. 

7 SEC. 106. BORDER ACTIVITIES REGARDING TUBERCULOSIS. 

8 Section 317E(g)(1) of the Public Health Service Act 

9 (42 U.S.C. 247b–6(g)(1)) is amended by adding at the 

10 end the following subparagraph: 

11 ‘‘(C) UNITED STATES-MEXICO BORDER

12 AREA.—Of the amounts appropriated under 

13 subparagraph (A) for a fiscal year, the Sec14 retary shall reserve not less than $25,000,000 

15 for grants under subsection (a) for the preven16 tion, control, and elimination of tuberculosis in 

17 the United States-Mexico border area (as such 

18 term is defined in section 2 of the Border Eco19 nomic Recovery Act for Health and the Envi20 ronment).’’. 

21 SEC. 107. HEALTH EDUCATION TRAINING CENTER PRO22 GRAM. 

23 Section 757 of the Public Health Service Act (42 

24 U.S.C. 294g) is amended—

25 (1) in subsection (a)—
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1 (A) by striking ‘‘and’’ after ‘‘1998,’’; and 

2 (B) by inserting before the period the fol3 lowing: ‘‘, $68,996,000 for fiscal year 2006, 

4 and such sums as may be necessary for each of 

5 the fiscal years 2007 through 2010’’; and 

6 (2) in subsection (b)(1)(B), by striking ‘‘not 

7 less’’ and all that follows through ‘‘752,’’ and insert8 ing the following: ‘‘not less than $8,800,000 for 

9 awards of grants and contracts under section 752,’’. 

10 SEC. 108. PREVENTION OF SUBSTANCE ABUSE; BORDER 

11 CENTER FOR APPLICATION OF PREVENTION 

12 TECHNOLOGIES. 

13 For the purpose of carrying out the program operated 

14 by the Center for Substance Abuse Prevention, Substance 

15 Abuse and Mental Health Services Administration, and 

16 known as the Border Center for the Application of Preven17 tion Technologies (relating to an initiative for youth sub18 stance-abuse prevention in the United States-Mexico bor19 der area), there are authorized to be appropriated 

20 $1,500,000 for fiscal year 2006, and such sums as may 

21 be necessary for each of the fiscal years 2007 through 

22 2010. Such authorization is in addition to other authoriza23 tions of appropriations that are available for such purpose. 
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1 SEC. 109. BORDER CANCER SCREENINGS; STATE CANCER 

2 REGISTRIES. 

3 (a) IN GENERAL.—The Secretary of Health and 

4 Human Services, acting through the Director of the Cen5 ters for Disease Control and Prevention, may make 

6 awards of grants and cooperative agreements to public and 

7 nonprofit private entities—

8 (1) to conduct screenings for cancer in the 

9 United States-Mexico border area; and 

10 (2) with respect to cases of cancer diagnosed 

11 pursuant to paragraph (1), to report relevant infor12 mation to the appropriate State cancer registry 

13 under section 399B of the Public Health Service 

14 Act. 

15 (b) AUTHORIZATION OF APPROPRIATIONS.—For the 

16 purpose of carrying out subsection (a), there are author17 ized to be appropriated $5,000,000 for fiscal year 2006, 

18 and such sums as may be necessary for each of the fiscal 

19 years 2007 through 2010. Such authorization is in addi20 tion to other authorizations of appropriations that are 

21 available for such purpose. 

22 SEC. 110. EXPANSION OF COLLABORATIVE UNITED STATES 

23 AND MEXICO BORDER DIABETES PREVEN24 TION AND CONTROL PROJECT. 

25 (a) IN GENERAL.—The Secretary of Health and 

26 Human Services, acting through the Director of the Cen-
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1 ters for Disease Control and Prevention, may make 

2 awards of grants and cooperative agreements to the Pan3 American Health Organization for the purpose of expand4 ing the study that is designated by such Centers as the 

5 Collaborative U.S.-Mexico Border Diabetes Prevention 

6 and Control Project and is being carried out in order to—

7 (1) determine the prevalence of diabetes in the 

8 United States-Mexico border area; and 

9 (2) develop binational prevention and control 

10 programs regarding diabetes. 

11 (b) AUTHORIZATION OF APPROPRIATIONS.—For the 

12 purpose of carrying out subsection (a), there are author13 ized to be appropriated $1,000,000 for fiscal year 2006, 

14 and such sums as may be necessary for each of the fiscal 

15 years 2007 through 2009. Such authorization is in addi16 tion to other authorizations of appropriations that are 

17 available for such purpose. 

18 SEC. 111. HEALTHY HOMES INITIATIVE OF HUD OFFICE OF 

19 LEAD HAZARD CONTROL. 

20 For carrying out the Healthy Homes Initiative of the 

21 Department of Housing and Urban Development pursuant 

22 to sections 501 and 502 of the Housing and Urban Devel23 opment Act of 1970 (12 U.S.C. 1701z–1, 1701z–2), which 

24 shall include research, studies, testing, and demonstration 

25 efforts, including education and outreach concerning lead-
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1 based paint poisoning and other housing-related environ2 mental diseases and hazards, there is authorized to be ap3 propriated $20,000,000 for fiscal year 2006. Of any 

4 amount appropriated under this section, $10,000,000 

5 shall be used only for carrying out activities under the 

6 Healthy Homes Initiative within the United States-Mexico 

7 border area. 

8 SEC. 112. BORDER PROGRAM FOR REDUCING INCIDENCE 

9 OF SEXUALLY TRANSMITTED DISEASES. 

10 (a) IN GENERAL.—The Secretary of Health and 

11 Human Services, acting through the Director of the Cen12 ters for Disease Control and Prevention, may make 

13 awards of grants and cooperative agreements to the U.S.-

14 Mexico Border Health Association for the purpose of sup15 porting community-based programs to reduce the inci16 dence of sexually transmitted diseases, including infection 

17 with the human immunodeficiency virus, in the United 

18 States-Mexico border area. 

19 (b) AUTHORIZATION OF APPROPRIATIONS.—For the 

20 purpose of carrying out subsection (a), there are author21 ized to be appropriated $10,000,000 for fiscal year 2006, 

22 and such sums as may be necessary for each of the fiscal 

23 years 2007 through 2009. Such authorization is in addi24 tion to other authorizations of appropriations that are 

25 available for such purpose. 
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1 TITLE II—ENVIRONMENTAL 

2 RECOVERY 

3 SEC. 201. MATERIALS CORRIDOR INITIATIVE. 

4 There are authorized to be appropriated to the Sec5 retary of Energy for carrying out the Materials Corridor 

6 Partnership Initiative through the Materials Corridor 

7 Council, headquartered at the University of Texas at El 

8 Paso—

9 (1) $7,000,000 for fiscal year 2006; 

10 (2) $9,000,000 for fiscal year 2007; 

11 (3) $10,000,000 for fiscal year 2008; and 

12 (4) $12,000,000 for fiscal year 2009. 

13 SEC. 202. SOUTHWEST CENTER FOR ENVIRONMENTAL RE14 SEARCH AND POLICY. 

15 In addition to other sums available to the Southwest 

16 Center for Environmental Research and Policy there is au17 thorized to be appropriated to the Administrator of the 

18 Environmental Protection Agency for each of the five fis19 cal years commencing after the enactment of this Act not 

20 more than $10,000,000. 

21 SEC. 203. INTERNATIONAL BOUNDARY AND WATER COM22 MISSION BORDER SANITATION PROJECTS. 

23 In addition to other sums available to the United 

24 States section of the International Boundary and Water 

25 Commission, United States and Mexico, there is author-
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1 ized to be appropriated to the Secretary of State for fiscal 

2 year 2006 $60,000,000 to be used for the design, con3 struction, operation, and maintenance of environmental 

4 infrastructure projects in the United States-Mexico border 

5 area. Such projects shall be carried out by the Commission 

6 in cooperation with the Border Environmental Coopera7 tion Commission and the North American Development 

8 Bank. 

9 SEC. 204. INTERNATIONAL BOUNDARY AND WATER COM10 MISSION LONG-RANGE STRATEGIC PLAN11 NING. 

12 (a) IN GENERAL.—The Secretary of State, acting 

13 through the United States section of the International 

14 Boundary and Water Commission, in coordination with 

15 local governments, shall prepare an international, long16 range strategic plan for water supply use and distribution 

17 in the United States-Mexico border area. 

18 (b) CONTENTS OF PLAN.—The plan shall identify 

19 water quantity and quality issues of highest importance 

20 in the United States-Mexico border area and shall be con21 ducted on a sub-basin level. 

22 (c) OBJECTIVES IN DEVELOPMENT OF PLAN.—In de23 veloping the plan, the Secretary shall promote the sharing 

24 of information and ideas among water management enti25 ties and seek collaboration with affected Federal, State, 
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1 local, tribal, and private entities in the United States and 

2 Mexico. The plan shall provide for accomplishment of its 

3 objectives in a manner that promotes sustainable develop4 ment and protects and preserves water resources. 

5 (d) REPORT.—Not later than September 30, 2007, 

6 the Secretary shall transmit the plan to Congress and to 

7 other appropriate authorities in the United States and 

8 Mexico. 

9 (e) AUTHORIZATION OF APPROPRIATIONS.—There is 

10 authorized to be appropriated to carry out this section 

11 $5,000,000 for fiscal year 2006. 

12 SEC. 205. NORTH AMERICAN COMMISSION FOR ENVIRON13 MENTAL COOPERATION. 

14 There is authorized to be appropriated $300,000 for 

15 fiscal year 2006 for the United States contribution to the 

16 Commission for Environmental Cooperation established 

17 under the North American Agreement on Environmental 

18 Cooperation Between the Government of the United 

19 States of America, the Government of Canada, and the 

20 Government of the United Mexican States, of 1993. 

21 SEC. 206. WATER CONSERVATION GRANTS. 

22 (a) GRANTS AUTHORIZED.—The Administrator of 

23 the Environmental Protection Agency may make grants 

24 to counties and municipalities located in the United 
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1 States-Mexico border area for projects to develop innova2 tive programs to conserve water. 

3 (b) COST SHARE.—The Federal share of the cost of 

4 any project carried out with a grant under this section 

5 shall not exceed 50 percent. 

6 (c) AUTHORIZATION OF APPROPRIATIONS.—For 

7 grants under this section there is authorized to be appro8 priated to the Administrator $5,000,000 for each of fiscal 

9 years 2006, 2007, 2008, 2009, and 2010. 

10 SEC. 207. INTERNATIONAL CONSORTIUM FOR THE ENVI11 RONMENT. 

12 In addition to other sums available to the Inter13 national Consortium for the Environment established at 

14 Brooks Air Force Base there is authorized to be appro15 priated to the Secretary of Defense for fiscal years com16 mencing after the enactment of this Act not more than 

17 $5,000,000 to be used to expand the membership of, and 

18 the scope of the work done by, such Consortium. The 

19 funding provided under this section shall be used—

20 (1) to expand the membership of the Consor21 tium to include the Pan American Health Organiza22 tion, colleges and universities in the United States23 Mexico border area, the Border Health Association, 

24 and the Border Health Commission, and 
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1 (2) to develop pilot projects to address environ2 mental and health concerns in the United States3 Mexico border area. 

4 SEC. 208. BORDER ECONOMIC COOPERATION COMMISSION. 

5 There is authorized to be appropriated to the Admin6 istrator of the Environmental Protection Agency 

7 $4,000,000 for fiscal year 2006 to be used for making 

8 grants to the Border Environmental Cooperation Commis9 sion for the planning, design, and construction of environ10 mental infrastructure projects in the United States-Mexico 

11 border area. Projects eligible for such grants shall include 

12 water, wastewater treatment, solid waste sewage disposal, 

13 air quality improvement, pollution cleanup, and mass tran14 sit projects. 

15 SEC. 209. ENVIRONMENTAL PROTECTION AGENCY BORDER 

16 ENVIRONMENTAL INFRASTRUCTURE FUND. 

17 There is authorized to be appropriated to the Admin18 istrator of the Environmental Protection Agency 

19 $150,000,000 for fiscal year 2006 to be used for making 

20 grants to communities for the planning, design, and con21 struction of high-priority environmental infrastructure 

22 projects, including wastewater projects, in the United 

23 States-Mexico border area. Such projects shall be carried 

24 out in cooperation with the Border Environmental Co25 operation Commission and the North American Develop-
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1 ment Bank through its Border Environmental Infrastruc2 ture Fund.

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