I
107TH CONGRESS
2D SESSION
H. R. 4063
To improve the health of residents of, and the environment in, the United
States-Mexico border area.
IN THE HOUSE OF REPRESENTATIVES
MARCH 20, 2002
Mr. REYES (for himself, Mr. GEPHARDT, Mr. FILNER, Mr. HINOJOSA, Mr.
GONZALEZ, Mr. ORTIZ, and Mr. RODRIGUEZ) 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, Agri-
culture, Financial Services, Transportation and Infrastructure, Inter-
national Relations, and Armed Services, for a period to be subsequently
determined by the Speaker, in each case for consideration of such provi-
sions 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.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE AND TABLE OF CONTENTS.
(a) SHORT TITLE.—This Act may be cited as the
‘‘Border Economic Recovery Act for Health and the Envi-
ronment’’.
(b) TABLE OF CONTENTS.—The table of contents for
this Act is as follows:
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 Pre-
vention 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 dis-
eases.
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 Infrastruc-
ture Fund.
SEC. 2. DEFINITIONS.
For purposes of this Act:
(1) COLONIA.—The term ‘‘colonia’’ means an
community that has the following characteristics:
(A) The community is identifiable as a sin-
gle community.
(B) The community is unincorporated.
(C) The community is located in the
United States-Mexico border area.
(D) The community is subject on a wide-
spread basis to any 2 or more of the following
problems:
(i) Inadequate water or sewer facili-
ties.
(ii) Inadequate roads and drainage.
(iii) Substandard housing.
(2) UNITED STATES-MEXICO BORDER AREA.—
The term ‘‘United States-Mexico border area’’
means the area located in the United States within
100 kilometers of the border between the United
States and Mexico.
TITLE I—HEALTH RECOVERY
SEC. 101. UNITED STATES-MEXICO BORDER HEALTH COM-
MISSION ACT.
The United States-Mexico Border Health Commis-
sion Act (Public Law 103–400) is amended by adding at
the end the following:
‘‘SEC. 9. AUTHORIZATION OF APPROPRIATIONS.
‘‘(a) IN GENERAL.—There are authorized to be ap-
propriated to carry out this Act $6,000,000 for fiscal year
2003, $8,000,0000 for fiscal year 2004, $10,000,000 for
fiscal year 2005, and such sums as may be necessary for
each subsequent fiscal year.
‘‘(b) AVAILABILITY.—Amounts appropriated pursu-
ant to the authorization of appropriations under sub-
section (a) are authorized to remain available until ex-
pended.’’.
SEC. 102. FUNDING FOR EMERGENCY HEALTH SERVICES
FURNISHED TO UNDOCUMENTED ALIENS.
(a) REQUIRING USE OF FUNDS TO ASSIST HOS-
PITALS
AND
RELATED
PROVIDERS
OF
EMERGENCY
HEALTH SERVICES TO UNDOCUMENTED ALIENS.—Sec-
tion 4723(c) of the Balanced Budget Act of 1997 (8
U.S.C. 1611 note) is amended to read as follows:
‘‘(c) USE OF FUNDS.—
‘‘(1) IN GENERAL.—From the allotments made
under subsection (b), the Secretary shall pay to each
State amounts described in a State plan, submitted
to the Secretary, under which the amounts so allot-
ted will be paid—
‘‘(A) to hospitals and related providers of
emergency health services to undocumented
aliens that are located in the United States-
Mexico border area (as defined in section 2 of
the Border Economic Recovery Act for Health
and the Environment); and
‘‘(B) in a manner that takes into
account—
‘‘(i) each eligible hospital’s or related
provider’s payments under the State plan
approved under title XIX of the Social Se-
curity Act for emergency medical services
described in section 1903(v)(2)(A) of such
Act (42 U.S.C. 1396b(v)(2)(A)); or
‘‘(ii) an appropriate alternative proxy
for measuring the volume of emergency
health services provided to undocumented
aliens by eligible hospitals and related pro-
viders.
‘‘(2) DEFINITIONS; SPECIAL RULES.—For pur-
poses of this subsection:
‘‘(A) The term ‘hospital’ has the meaning
given such term in section 1861(e) of the Social
Security Act (42 U.S.C. 1395x(e)).
‘‘(B) The term ‘provider’ includes a physi-
cian, another health care professional, and an
entity that furnishes emergency ambulance
services.
‘‘(C) A provider shall be considered to be
‘related’ to a hospital to the extent that the
provider furnishes emergency health services to
an individual for whom the hospital also fur-
nishes emergency health services.
‘‘(D) Amounts paid under this subsection
shall not duplicate payment made under title
XIX of the Social Security Act for the provision
of emergency medical services described in sec-
tion 1903(v)(2)(A) of such Act.’’.
(b) EXTENSION OF FUNDING.—
(1) IN GENERAL.—Section 4723(a) of such Act
is amended to read as follows:
‘‘(a) TOTAL
AMOUNT
AVAILABLE
FOR
ALLOT-
MENT.—There are available for allotments under this sec-
tion, for each of the 5 consecutive fiscal years beginning
with fiscal year 2003, $100,000,000 for payments to cer-
tain States under this section.’’.
(2) 
CONFORMING
AMENDMENT.—Section
4723(b)(1) of such Act is amended by striking
‘‘2001’’ and inserting ‘‘2007’’.
SEC. 103. PARTNERSHIP FOR CHANGE PROGRAM TO CO-
ORDINATE WIC AND OTHER FOOD AND NU-
TRITION ASSISTANCE IN COLONIAS.
Section 17 of the Child Nutrition Act of 1966 (42
U.S.C. 1786) is amended by adding at the end the fol-
lowing:
‘‘(s)(1) Utilizing Partnerships for Change, which
shall consist of a team comprised of Federal, State and
university staff committed to helping improve nutrition,
health and living conditions in the colonias, the Secretary
shall provide for increased coordination of the provision
of supplemental foods and nutrition education under the
program, including other appropriate food and nutrition
assistance provided under this Act and the Richard B.
Russell National School Lunch Act, for individuals who
reside in colonias located, in whole or in part, in the
United States-Mexico border area.
‘‘(2) For purposes of this subsection, the terms
‘colonia’ and ‘United States-Mexico border area’ shall have
the meanings given such terms in section 2 of the Border
Economic Recovery Act for Health and the Environment.
‘‘(3) There are authorized to be appropriated to carry
out this subsection $5,000,000 for fiscal year 2003 and
for each of the succeeding 4 fiscal years.’’.
SEC. 104. WATER AND WASTE DISPOSAL PROGRAM FOR
COLONIAS.
Section 306C(e) of the Consolidated Farm and Rural
Development Act (7 U.S.C. 1926c(e)) is amended in each
of paragraphs (1) and (2) by striking ‘‘$30,000,000’’ and
inserting ‘‘$60,000,000’’.
SEC. 
105. 
COMMUNITY 
RESOURCE 
CENTERS 
FOR
COLONIAS.
(a) AUTHORITY.—The Secretary of Housing and
Urban Development may make grants to colleges and uni-
versities selected under subsection (b) to provide commu-
nity resource centers to serve colonias and their residents.
(b) GRANTS.—For each of the States of Arizona,
California, and New Mexico, the Secretary of Housing and
Urban Development shall select one college or university
located in such State to receive grants under this section.
For the State of Texas, the Secretary shall select the Cen-
ter for Housing and Urban Development of the College
of Architecture at Texas A&M University and one other
State university located in such State in the United
States-Mexico border area to receive grants under this sec-
tion.
(c) USE OF GRANT AMOUNTS.—Grant amounts pro-
vided under this section may only be used by the college
or university receiving the grant to carry out a program
to develop and operate multiple community resources cen-
ters in the State in which such college or university is lo-
cated, which shall include—
(1) costs of developing and operating such cen-
ters;
(2) increasing the capacity of the college or uni-
versity to develop such centers; and
(3) in the case of amounts received by the Cen-
ter for Housing and Urban Development referred to
in subsection (b), carrying out any agreement en-
tered into under subsection (e).
(d) COMMUNITY RESOURCE CENTERS.—Each com-
munity resource center established or operated using
grant amounts made available under this section shall be
located within a colonia and shall provide residents of the
colonia with access to public and private resources and
services appropriate for self- and community development,
such as resources relating to health care, employment
training and assistance, human services, and youth and
elderly programs.
(e) MODEL PROGRAM.—The Secretary shall attempt
to enter into an agreement with the Center for Housing
and Urban Development referred to in subsection (b) that
provides for such Center—
(1) to assist other colleges and universities re-
ceiving grants under this section to carry out pro-
grams to develop and operate community resource
centers that are similar to the Colonias Program
carried out by such Center; and
(2) to assist the Secretary in carrying out the
grant program under this section, including by es-
tablishing criteria for selecting colleges and univer-
sities to receive such grants.
(f) AUTHORIZATION OF APPROPRIATIONS.—There is
authorized to be appropriated for grants under this section
$25,000,000 for each of fiscal years 2003, 2004, 2005,
2006, 2007, and 2008.
SEC. 106. BORDER ACTIVITIES REGARDING TUBERCULOSIS.
Section 317E(g)(1) of the Public Health Service Act
(42 U.S.C. 247b–7(g)(1)) is amended by adding at the
end the following subparagraph:
‘‘(C) UNITED
STATES-MEXICO
BORDER
AREA.—Of the amounts appropriated under
subparagraph (A) for a fiscal year, the Sec-
retary shall reserve not less than $25,000,000
for grants under subsection (a) for the preven-
tion, control, and elimination of tuberculosis in
the United States-Mexico border area (as such
term is defined in section 2 of the Border Eco-
nomic Recovery Act for Health and the Envi-
ronment).’’.
SEC. 107. HEALTH EDUCATION TRAINING CENTER PRO-
GRAM.
Section 757 of the Public Health Service Act (42
U.S.C. 294g) is amended—
(1) in subsection (a)—
(A) by striking ‘‘and’’ after ‘‘1998,’’; and
(B) by inserting before the period the fol-
lowing: ‘‘, $68,996,000 for fiscal year 2003,
and such sums as may be necessary for each of
the fiscal years 2004 through 2007’’; and
(2) in subsection (b)(1)(B), by striking ‘‘not
less’’ and all that follows through ‘‘752,’’ and insert-
ing the following: ‘‘not less than $8,800,000 for
awards of grants and contracts under section 752,’’.
SEC. 108. PREVENTION OF SUBSTANCE ABUSE; BORDER
CENTER FOR APPLICATION OF PREVENTION
TECHNOLOGIES.
For the purpose of carrying out the program operated
by the Center for Substance Abuse Prevention, Substance
Abuse and Mental Health Services Administration, and
known as the Border Center for the Application of Preven-
tion Technologies (relating to an initiative for youth sub-
stance-abuse prevention in the United States-Mexico bor-
der area), there are authorized to be appropriated
$1,200,000 for fiscal year 2003, and such sums as may
be necessary for each of the fiscal years 2004 through
2007. Such authorization is in addition to other authoriza-
tions of appropriations that are available for such purpose.
SEC. 109. BORDER CANCER SCREENINGS; STATE CANCER
REGISTRIES.
(a) IN GENERAL.—The Secretary of Health and
Human Services, acting through the Director of the Cen-
ters for Disease Control and Prevention, may make
awards of grants and cooperative agreements to public and
nonprofit private entities—
(1) to conduct screenings for cancer in the
United States-Mexico border area; and
(2) with respect to cases of cancer diagnosed
pursuant to paragraph (1), to report relevant infor-
mation to the appropriate State cancer registry
under section 399B of the Public Health Service
Act.
(b) AUTHORIZATION OF APPROPRIATIONS.—For the
purpose of carrying out subsection (a), there are author-
ized to be appropriated $5,000,000 for fiscal year 2003,
and such sums as may be necessary for each of the fiscal
years 2004 through 2007. Such authorization is in addi-
tion to other authorizations of appropriations that are
available for such purpose.
SEC. 110. EXPANSION OF COLLABORATIVE UNITED STATES
AND MEXICO BORDER DIABETES PREVEN-
TION AND CONTROL PROJECT.
(a) IN GENERAL.—The Secretary of Health and
Human Services, acting through the Director of the Cen-
ters for Disease Control and Prevention, may make
awards of grants and cooperative agreements to the Pan-
American Health Organization for the purpose of expand-
ing the study that is designated by such Centers as the
Collaborative U.S.-Mexico Border Diabetes Prevention
and Control Project and is being carried out in order to—
(1) determine the prevalence of diabetes in the
United States-Mexico border area; and
(2) develop binational prevention and control
programs regarding diabetes.
(b) AUTHORIZATION OF APPROPRIATIONS.—For the
purpose of carrying out subsection (a), there are author-
ized to be appropriated $1,000,000 for fiscal year 2003,
and such sums as may be necessary for each of the fiscal
years 2004 through 2006. Such authorization is in addi-
tion to other authorizations of appropriations that are
available for such purpose.
SEC. 111. HEALTHY HOMES INITIATIVE OF HUD OFFICE OF
LEAD HAZARD CONTROL.
For carrying out the Healthy Homes Initiative of the
Department of Housing and Urban Development pursuant
to sections 501 and 502 of the Housing and Urban Devel-
opment Act of 1970, which shall include research, studies,
testing, and demonstration efforts, including education
and outreach concerning lead-based paint poisoning and
other housing-related environmental diseases and hazards,
there is authorized to be appropriated $20,000,000 for fis-
cal year 2003. Of any amount appropriated under this sec-
tion, $10,000,000 shall be used only for carrying out ac-
tivities under the Healthy Homes Initiative within the
United States-Mexico border area.
SEC. 112. BORDER PROGRAM FOR REDUCING INCIDENCE
OF SEXUALLY TRANSMITTED DISEASES.
(a) IN GENERAL.—The Secretary of Health and
Human Services, acting through the Director of the Cen-
ters for Disease Control and Prevention, may make
awards of grants and cooperative agreements to the U.S.-
Mexico Border Health Association for the purpose of sup-
porting community-based programs to reduce the inci-
dence of sexually transmitted diseases, including infection
with the human immunodeficiency virus, in the United
States-Mexico border area.
(b) AUTHORIZATION OF APPROPRIATIONS.—For the
purpose of carrying out subsection (a), there are author-
ized to be appropriated $10,000,000 for fiscal year 2003,
and such sums as may be necessary for each of the fiscal
years 2004 through 2006. Such authorization is in addi-
tion to other authorizations of appropriations that are
available for such purpose.
TITLE II—ENVIRONMENTAL
RECOVERY
SEC. 201. MATERIALS CORRIDOR INITIATIVE.
There are authorized to be appropriated to the Sec-
retary of Energy for carrying out the Materials Corridor
Partnership Initiative through the Materials Corridor
Council, headquartered at the University of Texas at El
Paso—
(1) $5,000,000 for fiscal year 2003;
(2) $7,000,000 for fiscal year 2004;
(3) $9,000,000 for fiscal year 2005; and
(4) $10,000,000 for fiscal year 2006.
SEC. 202. SOUTHWEST CENTER FOR ENVIRONMENTAL RE-
SEARCH AND POLICY.
In addition to other sums available to the Southwest
Center for Environmental Research and Policy there is au-
thorized to be appropriated to the Administrator of the
Environmental Protection Agency for each of the five fis-
cal years commencing after the enactment of this Act not
more than $10,000,000.
SEC. 203. INTERNATIONAL BOUNDARY AND WATER COM-
MISSION BORDER SANITATION PROJECTS.
In addition to other sums available to the United
States section of the International Boundary and Water
Commission, United States and Mexico, there is author-
ized to be appropriated to the Secretary of State for fiscal
year 2003 $60,000,000 to be used for the design, con-
struction, operation, and maintenance of environmental
infrastructure projects in the United States-Mexico border
area. Such projects shall be carried out by the Commission
in cooperation with the Border Environmental Coopera-
tion Commission and the North American Development
Bank.
SEC. 204. INTERNATIONAL BOUNDARY AND WATER COM-
MISSION 
LONG-RANGE 
STRATEGIC 
PLAN-
NING.
(a) IN GENERAL.—The Secretary of State, acting
through the United States section of the International
Boundary and Water Commission, in coordination with
local governments, shall prepare an international, long-
range strategic plan for water supply use and distribution
in the United States-Mexico border area.
(b) CONTENTS OF PLAN.—The plan shall identify
water quantity and quality issues of highest importance
in the United States-Mexico border area and shall be con-
ducted on a sub-basin level.
(c) OBJECTIVES IN DEVELOPMENT OF PLAN.—In de-
veloping the plan, the Secretary shall promote the sharing
of information and ideas among water management enti-
ties and seek collaboration with affected Federal, State,
local, tribal, and private entities in the United States and
Mexico. The plan shall provide for accomplishment of its
objectives in a manner that promotes sustainable develop-
ment and protects and preserves water resources.
(d) REPORT.—Not later than September 30, 2005,
the Secretary shall transmit the plan to Congress and to
other appropriate authorities in the United States and
Mexico.
(e) AUTHORIZATION OF APPROPRIATIONS.—There is
authorized to be appropriated to carry out this section
$5,000,000 for fiscal year 2003.
SEC. 205. NORTH AMERICAN COMMISSION FOR ENVIRON-
MENTAL COOPERATION.
There is authorized to be appropriated $300,000 for
fiscal year 2003 for the United States contribution to the
Commission for Environmental Cooperation established
under the North American Agreement on Environmental
Cooperation Between the Government of Canada, the Gov-
ernment of the United Mexican States, and the Govern-
ment of the United States of America, 1993.
SEC. 206. WATER CONSERVATION GRANTS.
(a) GRANTS AUTHORIZED.—The Administrator of
the Environmental Protection Agency may make grants
to counties and municipalities located in the United
States-Mexico border area for projects to develop innova-
tive programs to conserve water.
(b) COST SHARE.—The Federal share of the cost of
any project carried out with a grant under this section
shall not exceed 50 percent.
(c) AUTHORIZATION
OF
APPROPRIATIONS.—For
grants under this section there is authorized to be appro-
priated to the Administrator $5,000,000 for each of fiscal
years 2003, 2004, 2005, 2006, and 2007.
SEC. 207. INTERNATIONAL CONSORTIUM FOR THE ENVI-
RONMENT.
In addition to other sums available to the Inter-
national Consortium for the Environment established at
Brooks Air Force Base there is authorized to be appro-
priated to the Secretary of Defense for fiscal years com-
mencing after the enactment of this Act not more than
$5,000,000 to be used to expand the membership of, and
the scope of the work done by, such Consortium. The
funding provided under this section shall be used—
(1) to expand the membership of the Consor-
tium to include the Pan American Health Organiza-
tion, colleges and universities in the United States-
Mexico border area, the Border Health Association,
and the Border Health Commission, and
(2) to develop pilot projects to address environ-
mental and health concerns in the United States-
Mexico border area.
SEC. 208. BORDER ECONOMIC COOPERATION COMMISSION.
There is authorized to be appropriated to the Admin-
istrator 
of 
the 
Environmental 
Protection 
Agency
$4,000,000 for fiscal year 2003 to be used for making
grants to the Border Environmental Cooperation Commis-
sion for the planning, design, and construction of environ-
mental infrastructure projects in the United States-Mexico
border area. Projects eligible for such grants shall include
water, wastewater treatment, solid waste sewage disposal,
air quality improvement, pollution cleanup, and mass tran-
sit projects.
SEC. 209. ENVIRONMENTAL PROTECTION AGENCY BORDER
ENVIRONMENTAL INFRASTRUCTURE FUND.
There is authorized to be appropriated to the Admin-
istrator 
of 
the 
Environmental 
Protection 
Agency
$150,000,000 for fiscal year 2003 to be used for making
grants to communities for the planning, design, and con-
struction of high-priority environmental infrastructure
projects, including wastewater projects, in the United
States-Mexico border area. Such projects shall be carried
out in cooperation with the Border Environmental Co-
operation Commission and the North American Develop-
ment Bank through its Border Environmental Infrastruc-
ture Fund.
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