United States-Mexico Border Health Commission Act
PL 103-400 (S.1225), enacted 10/22/1994

PUBLIC LAW 103-400—OCT. 22, 1994 
108 STAT. 4169 
Public Law 103-400 
103d Congress 
An Act 
To authorize and encourage the President to conclude an agreement with Mexico 
to establish a United States-Mexico Border Health Conunission. 
Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the "United States-Mexico Border 
Health Commission Act". 
SEC. 2. ESTABUSHMENT OF BORDER HEALTH COMMISSION. 
The President is authorized £ind encouraged to conclude an 
agreement with Mexico to establish a binational commission to 
be known as the United States-Mexico Border Health Commission. 
SEC. 3. DUTIES. 
It should be the duty of the Commission— 
(1) to conduct a comprehensive needs assessment in the 
United States-Mexico Border Area for the purposes of identify-
ing, evaluating, preventing, and resolving health problems and 
potential health problems that affect the general population 
of the area; 
(2) to implement the actions recommended by the needs 
assessment through— 
(A) assisting in the coordination Euid implementation 
of the efforts of public and private entities to prevent 
and resolve such health problems, and 
(B) assisting in the coordination and implementation 
of efforts of public and private entities to educate such 
population, in a culturally competent manner, concerning 
such health problems; and 
(3) to formulate recommendations to the Governments of 
the United States and Mexico concerning a fair and reasonable 
method by which the government of one country could 
reimburse a public or private entity in the other country for 
the cost of a health care service that the entity furnishes 
to a citizen of the first country who is unable, through insurance 
or otherwise, to pay for the service. 
SEC. 4. OTHER AUTHORIZED FUNCTIONS. 
In addition to the duties described in section 3, the Commission 
should be authorized to perform the following functions as the 
Commission determines to be appropriate-
CD to conduct or support investigations, research, or studies 
designed to identify, study, and monitor, on an on-going basis. 
Oct. 22, 1994 
[S. 1225] 
United States-
Mexico Border 
Health 
Commission Act. 
State listing. 
22USC290n 
note. 
22 use 290n. 
22 use 290n-l. 
108 STAT. 4170 
PUBLIC LAW 103-400—OCT. 22, 1994 
health problems that affect the general population in the United 
States-Mexico Border Area; 
(2) to conduct or support a binational, public-private effort 
to establish a comprehensive and coordinated system, which 
uses advanced technologies to the maximum extent possible, 
for gathering health-related data and monitoring health prob-
lems in the United States-Mexico Border Area; and 
(3) to provide financial, technical, or administrative assist-
ance to puhlic or private nonprofit entities who act to prevent 
or resolve such problems or who educate the population concern-
ing such health problems. 
22 use 290n-3. 
SEC. 5. MEMBERSHIP. 
(a) NUMBER AND APPOINTMENT OF UNITED STATES SECTION.— 
The United States section of the Commission should be composed 
of 13 members. The section should consist of the following members: 
(1) The Secretary of Health and Human Services or the 
Secretary's delegate. 
(2) The commissioners of health or chief health officer 
from the States of Texas, New Mexico, Arizona, and Cgdifomia 
or such commissioners' delegates. 
President. 
(3) Two individuals residing in United States-Mexico Bor-
der Area in each of the States of Texas, New Mexico, Arizona, 
and California who are nominated by the chief executive officer 
of the respective States and appointed by the President from 
among inaividuals who have demonstrated ties to community-
based organizations and have demonstrated interest and exper-
tise in health issues of the United States-Mexico Border Area. 
(b) COMMISSIONER.—The Commissioner of the United States 
section of the Commission should be the Secretary of Health and 
Human Services or such individual's delegate to the Commission. 
The Commissioner should be the leader of tne section. 
(c) COMPENSATION.—^Members of the United States section of 
the Commission who are not employees of the United States or 
any State— 
(1) shall each receive compensation at a rate of not to 
exceed the daily equivalent of the annual rate of basic pay 
payable for positions at GS-15 of the General Schedule under 
section 5332 of title 5, United States Code, for each day such 
member is engaged in the actual performance of the duties 
of the Commission; and 
(2) shall be allowed travel expenses, including per diem 
in lieu of subsistence at rates authorized for employees of 
agencies under subchapter I of chapter 57 of title 5, United 
States Code, while away from their homes or regular places 
of business in the performance of services of the Commission. 
22 use 290n-4. 
SEC. 6. REGIONAL OFFICES. 
The Commission may designate or establish one border health 
office in each of the States of Texas, New Mexico, Arizona, and 
California. Such office should be located within the United States-
Mexico Border Area, and should be coordinated with— 
(1) State border health offices; and 
(2) local nonprofit organizations designated by the State's 
chief executive officer and directly involved in border health 
issues. 
If feasible to avoid duplicative efforts, the Commission offices should 
be located in existing State or local nonprofit offices. The Commis-
PUBLIC LAW 103-400—OCT. 22, 1994 
108 STAT. 4171 
sion should provide adequate compensation for cooperative efforts 
and resources. 
SEC. 7. REPORTS. 
22 USC 290n-5. 
Not later than February 1 of each year that occurs more than 
1 year gifter the date of the establishment of the Commission, 
the Commission should submit an annual report to both the United 
States Grovemment and the Grovemment of Mexico regarding all 
activities of the Commission during the preceding calendar year. 
SEC. 8. DEFINITIONS. 
22 USC 290n-6. 
As used in this Act: 
(1) COMMISSION.—^The term "Commission" means the 
United States-Mexico Border Health Commission. 
(2) HEALTH PROBLEM.—The term "health problem" means 
a disease or medical ailment or an environmental condition 
that poses the risk of disease or medical ailment. The term 
includes diseases, ailments, or risks of disease or ailment 
caused by or related to environmental factors, control of animals 
and rabies, control of insect and rodent vectors, disposal of 
solid and hazardous waste, and control and monitoring of air 
quality. 
(3) SECRETARY.—^The term "Secretary" means the Secretary 
of Health and Human Services. 
(4) UNITED 
STATES-MEXICO BORDER AREA.—The term 
"United States-Mexico Border Area" means the area located 
in the United States and Mexico within 100 kilometers of 
the border between the United States and Mexico. 
Approved October 22, 1994. 
LEGISLATIVE HISTORY—S. 1225 (H.R. 2305): 
HOUSE REPORTS: No. 103-710, Pt. 1 accompanying H.R. 2305 (Comm. on Energy 
and Commerce). 
CONGRESSIONAL RECORD, Vol. 140 (1994): 
Sept. 30, considered and passed Senate. 
Oct. 3, 4, considered and rejected in House. 
Oct. 5, considered and passed House.