I 
116TH CONGRESS 
1ST SESSION H. R. 4039 
To require the Administrator of the Environmental Protection Agency to 
carry out a program to fund water infrastructure projects near the 
United States-Mexico border, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JULY 25, 2019 
Mr. LEVIN of California (for himself, Mr. VARGAS, Mrs. DAVIS of California, 
and Mr. PETERS) introduced the following bill; which was referred to the 
Committee on Transportation and Infrastructure, and in addition to the 
Committees on Energy and Commerce, and Foreign Affairs, for a period 
to be subsequently determined by the Speaker, in each case for consider-
ation of such provisions as fall within the jurisdiction of the committee 
concerned 
A BILL 
To require the Administrator of the Environmental Protec-
tion Agency to carry out a program to fund water infra-
structure projects near the United States-Mexico border, 
and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Border Water Infra-
structure Improvement Act’’. 
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SEC. 2. U.S.-MEXICO BORDER WATER INFRASTRUCTURE 
PROGRAM. 
(a) DEFINITIONS.—In this section: 
(1) ADMINISTRATOR.—The term ‘‘Adminis-
trator’’ means the Administrator of the Environ-
mental Protection Agency. 
(2) ELIGIBLE ENTITY.—The term ‘‘eligible enti-
ty’’ means a State, local government, Indian Tribe, 
or water or wastewater district, with jurisdiction 
over any area in the United States or Mexico that 
is located within 100 kilometers of the United 
States-Mexico border. 
(3) ELIGIBLE PROJECT.— 
(A) IN
GENERAL.—The term ‘‘eligible 
project’’ means a project for the construction of 
a drinking water treatment or distribution facil-
ity, or a wastewater management facility, 
that— 
(i) addresses an existing human 
health or ecological issue; 
(ii) has an effect in the United States; 
(iii) with respect to a wastewater 
management facility the water discharged 
from which will flow, directly or indirectly, 
into the United States, is designed to meet 
relevant water quality standards in the 
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United States, including any such stand-
ards established under the Federal Water 
Pollution Control Act; 
(iv) is proposed by an eligible entity 
with legal authority to develop the project, 
provide the proposed drinking water or 
wastewater services, and obtain necessary 
financing; 
(v) will comply with relevant State 
and local environmental and other laws 
and regulations, including with respect to 
obtaining any necessary operating permits 
and licenses and complying with any other 
regulatory requirements related to land ac-
quisition and rights-of-way; and 
(vi) has the support of appropriate 
Federal and State agencies, including the 
Comision Nacional de Agua (also known as 
CONAGUA or the Mexican National 
Water Commission) and any appropriate 
State water utility, if located in Mexico. 
(B) EXCLUSIONS.—The term ‘‘eligible 
project’’ does not include a project— 
(i) for water supply; 
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(ii) that threatens ecosystems located 
in the United States, or that are located in 
both the United States and Mexico, if the 
project causes reductions in the flow of 
water; or 
(iii) to provide drinking water or 
wastewater services to new development. 
(b) IN GENERAL.—The Administrator shall carry out 
a program to provide assistance to eligible entities for ac-
tivities related to eligible projects, including feasibility 
studies, planning studies, environmental assessments, fi-
nancial analyses, community participation efforts, and ar-
chitectural, engineering, planning, design, and construc-
tion activities. 
(c) CONSULTATION.—In carrying out subsection (b), 
the Administrator shall consult with the North American 
Development Bank. 
(d) PROJECT SELECTION.— 
(1) IN GENERAL.—In carrying out subsection 
(b), the Administrator shall select projects to receive 
assistance under the program in accordance with 
paragraph (2) and any other criteria determined ap-
propriate by the Administrator. 
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(2) PRIORITIZATION.—In carrying out sub-
section (b), the Administrator shall prioritize 
projects that— 
(A) are likely to have the greatest positive 
effects relating to the environment, public 
health, or responding to unmet water supply 
needs; 
(B) will result in benefits on both sides of 
the United States-Mexico border; and 
(C) address the most urgent public health 
and environmental needs, as determined by the 
heads of the Regional offices for Regions 6 and 
9 of the Environmental Protection Agency. 
(e) TERMS AND CONDITIONS.—The Administrator 
may set such terms and conditions on assistance provided 
under this section as the Administrator determines appro-
priate. 
(f) COST SHARE.— 
(1) REQUIREMENT FOR CERTAIN PROJECTS.— 
The Federal share of the cost of an eligible project 
located in Mexico shall be 50 percent. 
(2) EXEMPTION.—During the 5-year period be-
ginning on the date of enactment of this section, the 
Administrator may waive the requirement of para-
graph (1) if the Administrator, in consultation with 
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