[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[S. 281 Introduced in Senate (IS)]

103d CONGRESS
  1st Session
                                 S. 281

  To establish certain environmental protection procedures within the 
  area comprising the border region between the United States and the 
                          Republic of Mexico.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

             February 3 (legislative day, January 5), 1993

  Mr. McCain (for himself and Mr. DeConcini) introduced the following 
  bill; which was read twice and referred to the Committee on Foreign 
                               Relations

_______________________________________________________________________

                                 A BILL


 
  To establish certain environmental protection procedures within the 
  area comprising the border region between the United States and the 
                          Republic of Mexico.

    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 
Environmental Protection Act''.

SEC. 2. PURPOSE.

    It is the purpose of this Act to provide for the protection of the 
environment within the area comprising the border region between the 
United States and the Republic of Mexico, as defined by the La Paz 
Agreement between the United States and Mexico, referred to hereafter 
as the ``Border Environment Zone''.

SEC. 3. FUND.

    (a) Establishment of Fund.--There is established in the Treasury of 
the United States the ``United States-Mexico Border Environmental 
Protection Fund'' (hereinafter referred to as the ``Fund''). The Fund 
shall consist of such amounts as may be appropriated or transferred to 
the Fund. No moneys in the Fund shall be available for obligation or 
expenditure except pursuant to an environmental emergency declaration 
pursuant to section 4.
    (b) Purpose of the Fund.--The Fund shall be readily available for 
use by the Administrator of the Environmental Protection Agency 
(hereinafter referred to as the ``Administrator'') to investigate and 
respond to conditions which the Administrator determines present a 
substantial threat to the land, air, or water resources of the area 
comprising the border region of the United States and the Republic of 
Mexico.
    (c) Uses of Fund.--(1) Moneys in the Fund shall be available, 
without fiscal year limitation, for use by the Administrator in 
carrying out field investigations and remediation of any environmental 
emergency declared by the Administrator under this Act.
    (2) In carrying out his authority under this Act, the Administrator 
is authorized to expend moneys in the Fund directly or make such moneys 
available through grants or contracts.
    (3) Moneys in the Fund shall be available for use by the 
Administrator for cost-sharing programs with the Republic of Mexico, 
any of the States of Arizona, California, New Mexico, or Texas, any 
political subdivision of any such State, any local emergency planning 
committee, federally recognized Indian tribes, or any other appropriate 
entity, for use in carrying out field investigations and remediation 
actions pursuant to this Act.

SEC. 4. DECLARATION OF ENVIRONMENTAL EMERGENCY.

    (a) Determination by Administrator.--The Administrator, whenever he 
determines conditions exist which present a substantial threat to the 
land, air, or water resources of the area comprising the Border 
Environment Zone, may declare the existence of an environmental 
emergency in such region. In no case shall the Administrator declare a 
condition an emergency under this section if such condition is 
specifically within the sole jurisdiction of the International Boundary 
and Water Commission.
    (b) Consultation With Affected Parties; Authority to Respond.--In 
responding to emergencies, the Administrator shall consult and 
cooperate with affected States, counties, municipalities, Indian 
tribes, the Republic of Mexico, and other affected parties. The 
Administrator may respond directly to an emergency declared under this 
section or may coordinate with appropriate State or local authorities 
to respond.
    (c) Petition of Governor.--In addition to the authority under 
subsection (a), the Administrator, upon the petition of the Governor of 
the State of Arizona, California, New Mexico, or Texas, or the 
governing body of a Federally recognized Indian tribe, may declare the 
existence of an environmental emergency in such region. In no case 
shall the Administrator declare a condition an emergency under this 
section if such condition is specifically within the sole jurisdiction 
of the International Boundary and Water Commission.

SEC. 5. INFORMATION SHARING.

    The Administrator, in cooperation with the Secretary of State, the 
Governors of the States of Arizona, California, New Mexico, or Texas, 
and the governing bodies of Federally recognized Indian tribes located 
within the United States-Mexico border region, and the Republic of 
Mexico, is authorized to establish a system for information sharing and 
for early warning to the United States, each of the several States and 
political subdivisions thereof, and Indian tribes, of environmental 
problems affecting the Border Environment Zone. The Administrator shall 
integrate systems and procedures authorized by this section into any 
existing systems and procedures established to provide information 
sharing and early warning regarding environmental problems affecting 
the Border Environment Zone.

SEC. 6. REPORT TO CONGRESS.

    The Administrator, after consultation with the Secretary of State, 
the Republic of Mexico, the Governors of the States of Arizona, 
California, New Mexico, and Texas, and the tribal governments of 
appropriate Indian tribes, shall submit an annual report to the 
Congress on the use of the Fund during the calendar year preceding the 
calendar year in which such report is filed, and the status of the 
environmental quality of the area comprising the Border Environment 
Zone. The Administrator shall publish the availability of the report in 
the Federal Register, along with a brief summary.

SEC. 7. ADVISORY COMMITTEE.

    (a) Establishment.--The Administrator shall establish a United 
States-Mexico Border Environmental Protection Advisory Committee 
(hereinafter referred to as the ``Advisory Committee'').
    (b) Functions.--It shall be the functions of the Advisory Committee 
to--
            (1) monitor and study environmental conditions within the 
        Border Environment Zone;
            (2) plan and make recommendations for ongoing environmental 
        protection within such border region; and
            (3) carry out such other functions as the Administrator may 
        prescribe.
    (c) Composition of Advisory Committee.--The Advisory Committee 
shall consist of such number as the Administrator shall appoint. At 
least one member shall be from the Department of State. At least 2 of 
the members shall be from business, 2 from non-Government 
organizations, and 5 from State local or tribal governments. The term 
of each member shall be for a period of not more than 5 years, 
specified by the Administrator at the time of appointment. Before 
filling a position on the Advisory Committee, the Administrator shall 
publish a notice in the Federal Register soliciting nominations for 
membership on the Advisory Committee.
    (d) Meetings and Reports.--The Advisory Committee shall meet at 
least on a quarterly basis, and report to the President and Congress 
not less than annually, on the state of the Border Environment Zone; 
together with the recommendations of the Advisory Committee, if any. 
The initial report shall be submitted within 12 months following the 
date of the enactment of this Act.
    (e) Compensation.--Members of the Advisory Committee shall serve 
without compensation. When serving away from home or regular place of 
business, a member may be allowed travel expenses, including per diem 
in lieu of subsistence as authorized by section 5703 of title 5, United 
States Code, for individuals employed intermittently in the Government 
service.

SEC. 8. INTERNATIONAL AGREEMENTS.

    (a) Authority.--The Secretary of State, acting through the United 
States Commissioner, International Boundary and Water Commission, 
United States and Mexico (hereafter ``United States Commissioner'') is 
authorized to conclude agreements with the appropriate representative 
of the Ministry of Foreign Relations of Mexico for the purpose of 
correcting border sanitation problems in international streams that 
form or cross the international boundary between the United States and 
the Republic of Mexico, caused by the discharge of untreated or 
inadequately treated sewage into such streams.
    (b) Recommendations.--Agreements concluded under subsection (a) 
should consist of recommendations to the Governments of the United 
States and the Republic of Mexico of measures to protect the health and 
welfare of persons along those international streams that cross the 
international boundary between the United States and the Republic of 
Mexico, and should include--
            (1) facilities that should be constructed, operated, and 
        maintained in each country;
            (2) estimates of the costs of plans, construction, 
        operation, and maintenance of such facilities;
            (3) formulas for the division of costs between the United 
        States and the Republic of Mexico; and
            (4) time schedule for the construction of facilities and 
        other measures recommended within the agreements authorized by 
        this section.

SEC. 9. JOINT RESPONSES TO SANITATION EMERGENCIES.

    (a) Construction of Works.--The Secretary of State, acting through 
the United States Commissioner, is authorized to conclude agreements 
with the appropriate representative of the Ministry of Foreign 
Relations of the Republic of Mexico for the purpose of joint response 
through the construction of works, repair of existing infrastructure, 
and other such appropriate measures in the Republic of Mexico and the 
United States to correct border sanitation emergencies in international 
streams that form or cross the international boundary between the 
United States and the Republic of Mexico caused by the discharge of 
untreated or inadequately treated sewage into such streams. The United 
States Commissioner shall consult with the Governors of the States of 
Arizona, California, New Mexico, and Texas in developing and 
implementing agreements under this section.
    (b) Health and Welfare.--Agreements concluded under subsection (a) 
should consist of recommendations to the Governments of the United 
States and the Republic of Mexico establishing general response plans 
to protect the health and welfare of persons along those international 
streams that form or cross the international boundary between the 
United States and the Republic of Mexico, and should include, but not 
be limited to--
            (1) description of types of border sanitation emergencies 
        requiring response including, but not limited to, sewer line 
        breaks, power interruptions to wastewater handling facilities, 
        components breakdowns to wastewater handling facilities, and 
        accidental discharge of sewage, which result in the pollution 
        of streams that form or cross the international boundary;
            (2) description of types of response to emergencies 
        including, but not limited to, acquisition, use and maintenance 
        of joint response equipment and facilities, small scale 
        construction, including modifications to existing 
        infrastructure and temporary works, and the installation of 
        emergency and standby power facilities;
            (3) formulas for distribution of costs of responses to 
        emergencies under this section on a case-by-case basis; and
            (4) requirements for defining the beginning and end of an 
        emergency.

SEC. 10. CONSTRUCTION; REPAIRS; AND OTHER MEASURES.

    (a) Definition.--As used in this Act, the term ``border sanitation 
emergency'' means a situation in which untreated or inadequately 
treated sewage is discharged into surface rivers or streams that form 
or cross the boundary between the United States and the Republic of 
Mexico.
    (b) Water Pollution Emergencies.--The Secretary of State, acting 
through the United States Commissioner, is authorized to respond 
through construction, repairs and other measures in the United States 
to correct ``border'' sanitation emergencies in international streams 
that form or cross the international boundary between the United States 
and the Republic of Mexico, caused by the accidental discharge of 
untreated or inadequately treated sewage into such streams.
    (c) Consultation With Affected Parties; Authority to Respond.--In 
responding to a border sanitation emergency, the Secretary shall 
consult and cooperate with the Administrator, affected States, 
counties, municipalities, Indian tribes, the Republic of Mexico, and 
other affected parties. The Secretary of State may respond to a border 
sanitation emergency or may coordinate with appropriate State or local 
authorities to respond.

SEC. 11. BINATIONAL ADVISORY COMMITTEE.

    (a) Establishment.--The Secretary of State, in cooperation with the 
Administrator, is authorized to enter into an agreement or other 
arrangement with the Republic of Mexico to establish an Advisory 
Committee comprised of members from the Republic of Mexico and the 
United States.
    (b) Functions.--It shall be the functions of the Binational 
Advisory Committee to (1) assist EPA and SEDESOL in the monitoring and 
study of environmental conditions within the border region of the 
United States and Mexico; (2) plan and make recommendations to EPA and 
SEDESOL for on-going environmental protection within such border 
region; and (3) carry out such other functions as EPA and SEDESOL may 
prescribe.
    (c) Composition.--The United States Delegation shall consist of 
such number as the Administrator shall appoint. At least two of the 
members shall be from business, two from nongovernment organizations, 
and five from State or local governments. The term of each member shall 
be for a period of not more than five years, specified by the 
Administrator at the time of appointment. Before filling a position on 
the Advisory Committee, the Administrator shall publish a notice in the 
Federal Register soliciting nominations for membership on the United 
States Advisory Committee.
    (d) Availability of Committee Records to the Public.--The 
Binational Advisory Committee shall make all reasonable efforts to make 
available to the public information on environmental conditions in the 
border region and efforts the Committee undertakes or recommends to 
address these conditions.

SEC. 12. TRANSFER OF FUNDS.

    (a) Transfer Authority.--The Secretary of State, acting through the 
United States Commissioner, is authorized to include as part of the 
agreements authorized by sections 8, 9, and 10 of this Act, the 
necessary arrangements to administer the transfer to another country of 
funds assigned to one country and obtained from Federal or non-Federal 
governmental or nongovernmental sources.
    (b) Cost-Sharing Agreements.--No funds of the United States shall 
be expended in the Republic of Mexico for emergency investigation or 
remediation pursuant to section 8, 9, or 10 of this Act absent a cost-
sharing agreement between the United States and the Republic of Mexico 
unless the Secretary of State has determined and can demonstrate that 
the expenditure of such funds in the Republic of Mexico would be cost-
effective and in the interest of the United States. In cases where 
funds of the United States are expended in the Republic of Mexico 
without a cost-sharing agreement, the Secretary of State shall submit a 
report to the appropriate committees of Congress explaining why costs 
were not shared between the United States and the Republic of Mexico, 
and why the expenditure of such funds without cost-sharing was in the 
national interest of the United States.
    (c) Establishment of Fund.--(1) There is established in the 
Treasury of the United States the United States International Boundary 
and Water Commission Fund (hereinafter referred to as the ``Commission 
Fund''). The Commission Fund shall consist of such amounts as may be 
appropriated or transferred to the Commission Fund.
    (2) Moneys in the Commission Fund shall be available, without 
fiscal year limitation, for use by the Secretary of State in carrying 
out the provisions of this section and sections 8, 9, 10 and 11 of this 
Act.
    (3) In carrying out the purposes of this section and sections 8, 9, 
10 and 11 of this Act, the Secretary of State is authorized to expend 
moneys in the Commission Fund directly or make such moneys available to 
fulfill the purposes of any such section through grants or contracts.

SEC. 13. AUTHORIZATION.

    (a) Authorization for the Fund.--There is authorized to be 
appropriated to the Fund $10,000,000, for use in accordance with the 
purposes of this Act.
    (b) Authorization for Advisory Committee.--There is authorized to 
be appropriated to the Administrator $500,000 for support and operation 
of the Advisory Committee.
    (c) Authorization for International Boundary and Water Commission 
Fund.--There is authorized to be appropriated to the International 
Boundary and Water Commission Fund $5,000,000 for carrying out sections 
8, 9, 10, 11 and 12 of this Act.
    (d) Availability of Funds.--All amounts appropriated pursuant to 
this Act shall remain available until expended.

SEC. 14. DISCLAIMER.

    Nothing in this Act shall be construed as amending, repealing or 
otherwise modifying any provision of the Comprehensive Environmental 
Response, Compensation, and Liability Act of 1980, the Superfund 
Amendments and Reauthorization Act of 1986, or any other law, treaty or 
international agreement of the United States.

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