[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4063 Introduced in House (IH)]







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, Agriculture, 
 Financial Services, Transportation and Infrastructure, International 
    Relations, and Armed Services, for a period to be subsequently 
   determined by the Speaker, in each case for consideration of such 
 provisions 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 Representatives 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 Environment''.
    (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 Prevention 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 
                            diseases.
                    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 
                            Infrastructure 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 single 
                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 widespread basis 
                to any 2 or more of the following problems:
                            (i) Inadequate water or sewer facilities.
                            (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 COMMISSION ACT.

    The United States-Mexico Border Health Commission 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 appropriated 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 pursuant to the 
authorization of appropriations under subsection (a) are authorized to 
remain available until expended.''.

SEC. 102. FUNDING FOR EMERGENCY HEALTH SERVICES FURNISHED TO 
              UNDOCUMENTED ALIENS.

    (a) Requiring Use of Funds To Assist Hospitals and Related 
Providers of Emergency Health Services to Undocumented Aliens.--Section 
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 allotted 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 Security 
                        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 providers.
            ``(2) Definitions; special rules.--For purposes 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 physician, 
                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 furnishes 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 section 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 Allotment.--There are available 
for allotments under this section, for each of the 5 consecutive fiscal 
years beginning with fiscal year 2003, $100,000,000 for payments to 
certain 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 COORDINATE WIC AND OTHER 
              FOOD AND NUTRITION 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 following:
    ``(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 universities selected under subsection (b) 
to provide community 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 
Center 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 section.
    (c) Use of Grant Amounts.--Grant amounts provided 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 centers in the State in which such college or university is 
located, which shall include--
            (1) costs of developing and operating such centers;
            (2) increasing the capacity of the college or university to 
        develop such centers; and
            (3) in the case of amounts received by the Center for 
        Housing and Urban Development referred to in subsection (b), 
        carrying out any agreement entered into under subsection (e).
    (d) Community Resource Centers.--Each community 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 receiving 
        grants under this section to carry out programs 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 establishing criteria 
        for selecting colleges and universities 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 Secretary shall reserve not less than 
                $25,000,000 for grants under subsection (a) for the 
                prevention, control, and elimination of tuberculosis in 
                the United States-Mexico border area (as such term is 
                defined in section 2 of the Border Economic Recovery 
                Act for Health and the Environment).''.

SEC. 107. HEALTH EDUCATION TRAINING CENTER PROGRAM.

    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 following: 
                ``, $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 inserting 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 Prevention Technologies (relating to an initiative for 
youth substance-abuse prevention in the United States-Mexico border 
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 
authorizations 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 Centers 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 information 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 authorized 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 addition to 
other authorizations of appropriations that are available for such 
purpose.

SEC. 110. EXPANSION OF COLLABORATIVE UNITED STATES AND MEXICO BORDER 
              DIABETES PREVENTION AND CONTROL PROJECT.

    (a) In General.--The Secretary of Health and Human Services, acting 
through the Director of the Centers for Disease Control and Prevention, 
may make awards of grants and cooperative agreements to the Pan-
American Health Organization for the purpose of expanding 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 authorized 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 addition 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 Development 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 fiscal year 2003. Of any amount 
appropriated under this section, $10,000,000 shall be used only for 
carrying out activities 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 Centers 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 supporting community-based 
programs to reduce the incidence 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 authorized 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 addition 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 Secretary 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 RESEARCH AND POLICY.

    In addition to other sums available to the Southwest Center for 
Environmental Research and Policy there is authorized to be 
appropriated to the Administrator of the Environmental Protection 
Agency for each of the five fiscal years commencing after the enactment 
of this Act not more than $10,000,000.

SEC. 203. INTERNATIONAL BOUNDARY AND WATER COMMISSION 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 authorized to be appropriated to the Secretary of 
State for fiscal year 2003 $60,000,000 to be used for the design, 
construction, 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 Cooperation Commission and the North American 
Development Bank.

SEC. 204. INTERNATIONAL BOUNDARY AND WATER COMMISSION LONG-RANGE 
              STRATEGIC PLANNING.

    (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 conducted on a sub-basin level.
    (c) Objectives in Development of Plan.--In developing the plan, the 
Secretary shall promote the sharing of information and ideas among 
water management entities 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 development 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 ENVIRONMENTAL 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 Government of the United Mexican States, and the Government 
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 
innovative 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 appropriated to the Administrator $5,000,000 
for each of fiscal years 2003, 2004, 2005, 2006, and 2007.

SEC. 207. INTERNATIONAL CONSORTIUM FOR THE ENVIRONMENT.

    In addition to other sums available to the International Consortium 
for the Environment established at Brooks Air Force Base there is 
authorized to be appropriated to the Secretary of Defense for fiscal 
years commencing 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 Consortium to include 
        the Pan American Health Organization, 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 environmental and 
        health concerns in the United States-Mexico border area.

SEC. 208. BORDER ECONOMIC COOPERATION COMMISSION.

    There is authorized to be appropriated to the Administrator of the 
Environmental Protection Agency $4,000,000 for fiscal year 2003 to be 
used for making grants to the Border Environmental Cooperation 
Commission for the planning, design, and construction of environmental 
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 transit projects.

SEC. 209. ENVIRONMENTAL PROTECTION AGENCY BORDER ENVIRONMENTAL 
              INFRASTRUCTURE FUND.

    There is authorized to be appropriated to the Administrator 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 
construction 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 Cooperation Commission and the North American Development 
Bank through its Border Environmental Infrastructure Fund.
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