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. 
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 ‘‘North American Devel-
opment Bank’s Pollution Solution Act’’. 
SEC. 2. GENERAL CAPITAL INCREASE. 
Part 2 of subtitle D of title V of Public Law 103– 
182 (22 U.S.C. 290m–290m–5) is amended by adding at 
the end the following: 
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‘‘SEC. 547. FIRST CAPITAL INCREASE. 
‘‘(a) SUBSCRIPTION AUTHORIZED.—The Secretary of 
the Treasury is authorized to subscribe on behalf of the 
United States to, and make payment for, 150,000 addi-
tional shares of the capital stock of the Bank. 
‘‘(b) LIMITATION.—Any subscription by the United 
States to the capital stock of the Bank shall be effective 
only to such extent and in such amounts as are provided 
in advance in appropriations Acts. 
‘‘(c) USE OF CAPITAL RAISED TO FURTHER CER-
TAIN POLICY GOALS.—The Secretary of the Treasury 
shall instruct the United States Executive Director at the 
Bank to use the voice and vote of the United States to 
prioritize using the capital raised through the purchase 
of additional shares of capital stock of the Bank to further 
the policy goals set forth in section 3 of the North Amer-
ican Development Bank’s Pollution Solution Act.’’. 
SEC. 3. POLICY GOALS. 
(a) IN GENERAL.—In addition to projects within the 
mission and scope of the North American Development 
Bank, including wastewater treatment, water conserva-
tion, municipal solid waste and related matters, on the day 
before the date of the enactment of this Act and pursuant 
to section 2 of article II of the Charter, the Secretary of 
the Treasury shall direct the representatives of the United 
States to the Board of Directors of the Bank to use their 
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voice and vote of the United States to support the financ-
ing of projects related to environmental infrastructure re-
lating to water pollution, stormwater drainage, non-point 
pollution and any other environmentally beneficial infra-
structure project. 
(b) CHARTER DEFINED.—In this section, the term 
‘‘Charter’’ means the Agreement Concerning the Estab-
lishment of a Border Environment Cooperation Commis-
sion and a North American Development Bank, signed at 
Washington and Mexico November 16 and 18, 1993, and 
entered into force January 1, 1994 (TIAS 12516), be-
tween the United States and Mexico. 
SEC. 4. EFFICIENCIES AND STREAMLINING. 
The Secretary of the Treasury shall direct the rep-
resentatives of the United States to the Board of Directors 
of the North American Development Bank to use the voice 
and vote of the United States to seek to require the Bank 
to develop and implement efficiency improvements to 
streamline and accelerate projects described in section 
3(a). 
SEC. 5. PERFORMANCE MEASURES. 
(a) IN GENERAL.—The Secretary of the Treasury 
shall direct the representatives of the United States to the 
Board of Directors of the North American Development 
Bank to use the voice and vote of the United States to 
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seek to require the Bank to develop performance measures 
that— 
(1) demonstrate how projects and financing ap-
proved by the Bank are meeting the Bank’s mission 
and providing added value to the region near the 
international land border between the United States 
and Mexico; and 
(2) are reviewed and updated not less fre-
quently than annually. 
(b) REPORT TO CONGRESS.—The Secretary of the 
Treasury shall submit to Congress, with the submission 
to Congress of the budget of the President for a fiscal 
year under section 1105(a) of title 31, United States 
Code, a report on progress in imposing the performance 
measures described in subsection (a). 
SEC. 6. CREATION OF THE U.S.-MEXICO BORDER PUBLIC 
HEALTH TRUST FUND IN THE NORTH AMER-
ICAN DEVELOPMENT BANK. 
(a) SHORT TITLE.—This section may be cited as the 
‘‘U.S.-Mexico Border Public Health Trust Fund Act of 
2019’’. 
(b) CREATION OF THE U.S.-MEXICO BORDER PUB-
LIC HEALTH TRUST FUND.—Part 2 of subtitle D of title 
V of the North American Free Trade Agreement Imple-
mentation Act (22 U.S.C. 290m–290m–5), as amended by 
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section 2 of this Act, is amended by adding at the end 
the following: 
‘‘SEC. 548. U.S.-MEXICO BORDER PUBLIC HEALTH TRUST 
FUND. 
‘‘(a) ESTABLISHMENT.— 
‘‘(1) IN
GENERAL.—The Secretary of the 
Treasury, in consultation with the Secretary of State 
and the Administrator of the Environmental Protec-
tion Agency, shall use the voice and vote of the 
United States to establish, in the Bank, a trust fund 
(which shall be known as the U.S.-Mexico Border 
Public Health Trust Fund) which shall— 
‘‘(A) focus on designing, implementing, 
and financing, through loans and grants, envi-
ronmental infrastructure projects relating to 
water pollution, wastewater treatment, water 
conservation, municipal solid waste, and related 
matters along the United States-Mexico border; 
and 
‘‘(B) be administered by the Board of Di-
rectors of the Bank. 
‘‘(2) REPORT
TO
THE
CONGRESS.—Until the 
trust fund is established, the Secretary of the Treas-
ury shall submit to the Committees of jurisdiction 
semiannual reports on the efforts of, and progress 
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made by, the Secretary in establishing the trust 
fund. 
‘‘(b) ADMINISTRATION.— 
‘‘(1) IN
GENERAL.—The Secretary of the 
Treasury, in consultation with the Secretary of State 
and the Administrator of the Environmental Protec-
tion Agency (and, in the case of matters relating to 
expenditures from the trust fund, the Secretary of 
Homeland Security, the Secretary of Health and 
Human Services, and the head of any department or 
agency of the Federal Government that has made a 
deposit into the trust fund), shall use the voice and 
vote of the United States— 
‘‘(A) to support the development by the 
Bank of performance measures for projects fi-
nanced by the trust fund; 
‘‘(B) to support the regular assessment of 
the projects by the Bank using performance 
measures; and 
‘‘(C) to explore and support opportunities 
for private sector co-financing of trust fund 
projects. 
‘‘(2) REPORT
TO
THE
CONGRESS.—Within 1 
year after the establishment of the trust fund, and 
annually thereafter, the Secretary of the Treasury 
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shall submit to the Committees of jurisdiction a 
written report on the progress made in developing 
the performance measures referred to in paragraph 
(1). 
‘‘(c) APPROPRIATIONS.— 
‘‘(1) IN GENERAL.—Out of any money in the 
Treasury of the United States not otherwise appro-
priated, there are appropriated $400,000,000 for 
payment by the Secretary of the Treasury to the 
Bank as trustee for the trust fund, to remain avail-
able until expended. 
‘‘(2) AUTHORITY TO REPROGRAM UNOBLIGATED 
FUNDS.—Any department or agency of the Federal 
Government may deposit into the trust fund any un-
obligated funds made available to the department or 
agency, as the case may be.’’. 
Æ 
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