I 

116TH CONGRESS 

1ST SESSION H. R. 3895 

To provide for a general capital increase for the North American Development 

Bank, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JULY 23, 2019 

Mr. VARGAS (for himself, Mr. PETERS, Mrs. DAVIS of California, and Mr. 

LEVIN of California) introduced the following bill; which was referred to 

the Committee on Financial Services 

A BILL 

To provide for a general capital increase for the North 

American Development Bank, and for other purposes. 

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 ‘‘North American Devel5 opment Bank’s Pollution Solution Act’’. 

6 SEC. 2. GENERAL CAPITAL INCREASE. 

7 Part 2 of subtitle D of title V of Public Law 103– 

8 182 (22 U.S.C. 290m–290m–5) is amended by adding at 

9 the end the following: 


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1 ‘‘SEC. 547. FIRST CAPITAL INCREASE. 

2 ‘‘(a) SUBSCRIPTION AUTHORIZED.—The Secretary of 

3 the Treasury is authorized to subscribe on behalf of the 

4 United States to, and make payment for, 150,000 addi5 tional shares of the capital stock of the Bank. 

6 ‘‘(b) LIMITATION.—Any subscription by the United 

7 States to the capital stock of the Bank shall be effective 

8 only to such extent and in such amounts as are provided 

9 in advance in appropriations Acts. 

10 ‘‘(c) USE OF CAPITAL RAISED TO FURTHER CER11 TAIN POLICY GOALS.—The Secretary of the Treasury 

12 shall instruct the United States Executive Director at the 

13 Bank to use the voice and vote of the United States to 

14 prioritize using the capital raised through the purchase 

15 of additional shares of capital stock of the Bank to further 

16 the policy goals set forth in section 3 of the North Amer17 ican Development Bank’s Pollution Solution Act.’’. 

18 SEC. 3. POLICY GOALS. 

19 (a) IN GENERAL.—In addition to projects within the 

20 mission and scope of the North American Development 

21 Bank, including wastewater treatment, water conserva22 tion, municipal solid waste and related matters, on the day 

23 before the date of the enactment of this Act and pursuant 

24 to section 2 of article II of the Charter, the Secretary of 

25 the Treasury shall direct the representatives of the United 

26 States to the Board of Directors of the Bank to use their 


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1 voice and vote of the United States to support the financ2 ing of projects related to environmental infrastructure re3 lating to water pollution, stormwater drainage, non-point 

4 pollution and any other environmentally beneficial infra5 structure project. 

6 (b) CHARTER DEFINED.—In this section, the term 

7 ‘‘Charter’’ means the Agreement Concerning the Estab8 lishment of a Border Environment Cooperation Commis9 sion and a North American Development Bank, signed at 

10 Washington and Mexico November 16 and 18, 1993, and 

11 entered into force January 1, 1994 (TIAS 12516), be12 tween the United States and Mexico. 

13 SEC. 4. EFFICIENCIES AND STREAMLINING. 

14 The Secretary of the Treasury shall direct the rep15 resentatives of the United States to the Board of Directors 

16 of the North American Development Bank to use the voice 

17 and vote of the United States to seek to require the Bank 

18 to develop and implement efficiency improvements to 

19 streamline and accelerate projects described in section 

20 3(a). 

21 SEC. 5. PERFORMANCE MEASURES. 

22 (a) IN GENERAL.—The Secretary of the Treasury 

23 shall direct the representatives of the United States to the 

24 Board of Directors of the North American Development 

25 Bank to use the voice and vote of the United States to 


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1 seek to require the Bank to develop performance measures 

2 that— 

3 (1) demonstrate how projects and financing ap4 proved by the Bank are meeting the Bank’s mission 

5 and providing added value to the region near the 

6 international land border between the United States 

7 and Mexico; and 

8 (2) are reviewed and updated not less fre9 quently than annually. 

10 (b) REPORT TO CONGRESS.—The Secretary of the 

11 Treasury shall submit to Congress, with the submission 

12 to Congress of the budget of the President for a fiscal 

13 year under section 1105(a) of title 31, United States 

14 Code, a report on progress in imposing the performance 

15 measures described in subsection (a). 

16 SEC. 6. CREATION OF THE U.S.-MEXICO BORDER PUBLIC 

17 HEALTH TRUST FUND IN THE NORTH AMER18 ICAN DEVELOPMENT BANK. 

19 (a) SHORT TITLE.—This section may be cited as the 

20 ‘‘U.S.-Mexico Border Public Health Trust Fund Act of 

21 2019’’. 

22 (b) CREATION OF THE U.S.-MEXICO BORDER PUB23 LIC HEALTH TRUST FUND.—Part 2 of subtitle D of title 

24 V of the North American Free Trade Agreement Imple25 mentation Act (22 U.S.C. 290m–290m–5), as amended by 


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1 section 2 of this Act, is amended by adding at the end 

2 the following: 

3 ‘‘SEC. 548. U.S.-MEXICO BORDER PUBLIC HEALTH TRUST 

4 FUND. 

5 ‘‘(a) ESTABLISHMENT.— 

6 ‘‘(1) IN GENERAL.—The Secretary of the 

7 Treasury, in consultation with the Secretary of State 

8 and the Administrator of the Environmental Protec9 tion Agency, shall use the voice and vote of the 

10 United States to establish, in the Bank, a trust fund 

11 (which shall be known as the U.S.-Mexico Border 

12 Public Health Trust Fund) which shall— 

13 ‘‘(A) focus on designing, implementing, 

14 and financing, through loans and grants, envi15 ronmental infrastructure projects relating to 

16 water pollution, wastewater treatment, water 

17 conservation, municipal solid waste, and related 

18 matters along the United States-Mexico border; 

19 and 

20 ‘‘(B) be administered by the Board of Di21 rectors of the Bank. 

22 ‘‘(2) REPORT TO THE CONGRESS.—Until the 

23 trust fund is established, the Secretary of the Treas24 ury shall submit to the Committees of jurisdiction 

25 semiannual reports on the efforts of, and progress 


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1 made by, the Secretary in establishing the trust 

2 fund. 

3 ‘‘(b) ADMINISTRATION.— 

4 ‘‘(1) IN GENERAL.—The Secretary of the 

5 Treasury, in consultation with the Secretary of State 

6 and the Administrator of the Environmental Protec7 tion Agency (and, in the case of matters relating to 

8 expenditures from the trust fund, the Secretary of 

9 Homeland Security, the Secretary of Health and 

10 Human Services, and the head of any department or 

11 agency of the Federal Government that has made a 

12 deposit into the trust fund), shall use the voice and 

13 vote of the United States— 

14 ‘‘(A) to support the development by the 

15 Bank of performance measures for projects fi16 nanced by the trust fund; 

17 ‘‘(B) to support the regular assessment of 

18 the projects by the Bank using performance 

19 measures; and 

20 ‘‘(C) to explore and support opportunities 

21 for private sector co-financing of trust fund 

22 projects. 

23 ‘‘(2) REPORT TO THE CONGRESS.—Within 1 

24 year after the establishment of the trust fund, and 

25 annually thereafter, the Secretary of the Treasury 


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1 shall submit to the Committees of jurisdiction a 

2 written report on the progress made in developing 

3 the performance measures referred to in paragraph 

4 (1). 

5 ‘‘(c) APPROPRIATIONS.— 

6 ‘‘(1) IN GENERAL.—Out of any money in the 

7 Treasury of the United States not otherwise appro8 priated, there are appropriated $400,000,000 for 

9 payment by the Secretary of the Treasury to the 

10 Bank as trustee for the trust fund, to remain avail11 able until expended. 

12 ‘‘(2) AUTHORITY TO REPROGRAM UNOBLIGATED

13 FUNDS.—Any department or agency of the Federal 

14 Government may deposit into the trust fund any un15 obligated funds made available to the department or 

16 agency, as the case may be.’’. 

Æ 


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