[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[S. 196 Introduced in Senate (IS)]







104th CONGRESS
  1st Session
                                 S. 196

  To establish certain environmental protection procedures within the 
area comprising the border region between the United States and Mexico, 
                        and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

             January 11 (legislative day, January 10), 1995

  Mr. McCain 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 Mexico, 
                        and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE; PURPOSE.

    (a) Short Title.--This Act may be cited as the ``United States-
Mexico Border Environmental Protection Act''.
    (b) Purpose.--The purpose of this Act is to provide for the 
protection of the environment within the area comprising the border 
region between the United States and Mexico, as defined by the 
Agreement on Cooperation for the Protection and Improvement of the 
Environment in the Border Area, signed at La Paz on August 14, 1983, 
and entered into force on February 16, 1984 (TIAS 10827) (commonly 
known as the ``La Paz Agreement'').

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Administrator.--The term ``Administrator'' means the 
        Administrator of the Environmental Protection Agency.
            (2) Border environment zone.--The term ``Border Environment 
        Zone'' means the area described in section 1(b).
            (3) Border sanitation emergency.--The term ``border 
        sanitation emergency'' means a situation in which untreated or 
        inadequately treated sewage is discharged into international 
        surface rivers or streams that form or cross the boundary 
        between the United States and Mexico.
            (4) Commission fund.--The term ``Commission Fund'' means 
        the United States International Boundary and Water Commission 
        Fund established by section 10(c).
            (5) Environmental fund.--The term ``Environmental Fund'' 
        means the United States-Mexico Border Environmental Protection 
        Fund established by section 3.
            (6) United states commissioner.--The term ``United States 
        Commissioner'' means the United States Commissioner, 
        International Boundary and Water Commission, United States and 
        Mexico.

SEC. 3. ENVIRONMENTAL FUND.

    (a) Establishment.--There is established in the Treasury of the 
United States a trust fund to be used to investigate and respond to 
conditions that the Administrator determines present a substantial 
threat to the land, air, or water resources of the Border Environment 
Zone. The fund shall be known as the ``United States-Mexico Border 
Environmental Protection Fund'' and shall consist of--
            (1) such amounts as are transferred to the Environmental 
        Fund under subsection (b); and
            (2) any interest earned on investments of amounts in the 
        Environmental Fund under subsection (d).
    (b) Transfer to Environmental Fund.--From amounts made available to 
the Department of State, the Secretary of State shall transfer to the 
Secretary of the Treasury for deposit into the Environmental Fund 
$10,000,000. The Secretary of the Treasury shall deposit amounts 
received under this subsection into the Environmental Fund.
    (c) Expenditures From Environmental Fund.--
            (1) In general.--Subject to this subsection, upon request 
        by the Administrator, the Secretary of the Treasury shall 
        transfer from the Environmental Fund to the Administrator such 
        amounts as the Administrator determines are necessary to carry 
        out field investigations and remediation of an environmental 
        emergency declared by the Administrator under section 4.
            (2) Cost-sharing programs.--Amounts in the Environmental 
        Fund shall be available for use by the Administrator for cost-
        sharing programs that carry out the purpose described in 
        paragraph (1) with--
                    (A) the Government of Mexico;
                    (B) any of the States of Arizona, California, New 
                Mexico, or Texas;
                    (C) a political subdivision of any of the States 
                referred to in subparagraph (B);
                    (D) a local emergency planning committee;
                    (E) a federally recognized Indian tribe; or
                    (F) any other entity that the Administrator 
                determines to be appropriate.
            (3) Methods of distribution of funds.--In carrying out the 
        purpose described in paragraph (1), the Administrator may 
        expend amounts made available to the Administrator from the 
        Environmental Fund directly or make the amounts available 
        through grants or contracts.
            (4) Administrative expenses.--An amount not exceeding 10 
        percent of the amounts in the Environmental Fund shall be 
        available in each fiscal year to pay administrative expenses 
        necessary to carry out the purpose described in paragraph (1).
            (5) Availability of funds.--Amounts in the Environmental 
        Fund shall be available without fiscal year limitation.
    (d) Investment of Funds.--
            (1) In general.--The Secretary of the Treasury shall invest 
        such portion of the Environmental Fund as is not, in the 
        judgment of the Secretary, required to meet current 
        withdrawals. Investments may be made only in interest-bearing 
        obligations of the United States.
            (2) Acquisition of obligations.--For the purpose of 
        investments, obligations may be acquired--
                    (A) on original issue at the issue price; or
                    (B) by purchase of outstanding obligations at the 
                market price.
            (3) Sale of obligations.--Any obligation acquired by the 
        Environmental Fund may be sold by the Secretary of the Treasury 
        at the market price.
            (4) Credits to environmental fund.--The interest on, and 
        the proceeds from the sale or redemption of, any obligations 
        held in the Environmental Fund shall be credited to and form a 
        part of the Environmental Fund.
    (e) Transfers of Amounts.--
            (1) In general.--The amounts required to be transferred to 
        the Environmental Fund under subsection (d) shall be 
        transferred at least monthly from the general fund of the 
        Treasury to the Environmental Fund on the basis of estimates 
        made by the Secretary of the Treasury.
            (2) Adjustments.--Proper adjustment shall be made in 
        amounts subsequently transferred to the extent prior estimates 
        were in excess of or less than the amounts required to be 
        transferred.

SEC. 4. DECLARATION OF ENVIRONMENTAL EMERGENCIES.

    (a) In General.--
            (1) Determination by the administrator.--Subject to 
        paragraph (3), if the Administrator determines that conditions 
        exist that present a substantial threat to the land, air, or 
        water resources of the area comprising the Border Environment 
        Zone, the Administrator may declare that an environmental 
        emergency exists in the Zone.
            (2) Petition of governor.--Subject to paragraph (3), in 
        addition to the authority under paragraph (1), 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 that 
        an environmental emergency exists in the Zone.
            (3) Limitation.--The Administrator may not declare a 
        condition to be an environmental emergency under this section 
        if the condition is specifically within the sole jurisdiction 
        of the International Boundary and Water Commission.
    (b) Consultation With Affected Parties.--In responding to 
emergencies, the Administrator shall consult and cooperate with 
affected States, counties, municipalities, Indian tribes, the 
Government of Mexico, and other affected parties.
    (c) Authority To Respond.--The Administrator may respond directly 
to an emergency declared under this section or may coordinate the 
response with appropriate State or local authorities.

SEC. 5. INFORMATION SHARING.

    (a) In General.--The Administrator, in cooperation with the 
Secretary of State, the Governors of the States of Arizona, California, 
New Mexico, and Texas, the governing bodies of federally recognized 
Indian tribes located within the Border Environment Zone, and the 
appropriate officials of the Government of Mexico, may establish a 
system for information sharing and for early warning to the United 
States, each of the several States and political subdivisions of the 
States, and Indian tribes, of environmental problems affecting the 
Border Environment Zone.
    (b) Integration Into Existing Systems and Procedures.--The 
Administrator shall integrate systems and procedures established under 
this section into any systems and procedures that are in existence at 
the time of the establishment under this section and that were 
established to provide information sharing and early warning regarding 
environmental problems affecting the Border Environment Zone.

SEC. 6. REPORTS TO CONGRESS.

    (a) In General.--After consultation with the Secretary of State, 
appropriate officials of the Government of Mexico, the Governors of the 
States of Arizona, California, New Mexico, and Texas, and the governing 
bodies of appropriate federally recognized Indian tribes, the 
Administrator shall submit an annual report to Congress describing the 
use of the Environmental Fund during the calendar year preceding the 
calendar year in which the report is filed, and the status of the 
environmental quality of the area comprising the Border Environment 
Zone.
    (b) Notice of Availability.--The Administrator shall publish a 
notice of the availability of the report in the Federal Register, 
together with a brief summary of the report.

SEC. 7. INTERNATIONAL AGREEMENTS.

    (a) Authority.--The Secretary of State, acting through the United 
States Commissioner, may enter into agreements with the appropriate 
representative of the Ministry of Foreign Relations of Mexico for the 
purpose of correcting border sanitation emergencies.
    (b) Recommendations.--Agreements entered into under subsection (a) 
should consist of recommendations to the Governments of the United 
States and Mexico of measures to protect the health and welfare of 
persons along the international surface rivers and streams that form or 
cross the boundary between the United States and Mexico, including 
recommendations concerning--
            (1) facilities that should be constructed, operated, and 
        maintained in each country;
            (2) estimates of the costs of plans, construction, 
        operation, and maintenance of the facilities;
            (3) formulas for the sharing of costs between the United 
        States and the Government of Mexico; and
            (4) a time schedule for the construction of facilities and 
        other measures recommended by the agreements entered into under 
        this section.

SEC. 8. JOINT RESPONSES TO BORDER SANITATION EMERGENCIES.

    (a) Construction of Works.--The Secretary of State, acting through 
the United States Commissioner, may enter into agreements with the 
appropriate representative of the Ministry of Foreign Relations of 
Mexico for the purpose of joint response to correct border sanitation 
emergencies through the construction of works, repair of existing 
infrastructure, and other appropriate measures in Mexico and the United 
States. The United States Commissioner shall consult with the Governors 
of the States of Arizona, California, New Mexico, and Texas in 
developing and implementing agreements entered into under this section.
    (b) Health and Welfare.--Agreements entered into under subsection 
(a) should consist of recommendations to the Governments of the United 
States and Mexico that establish general response plans to protect the 
health and welfare of persons along the international surface rivers 
and streams that form or cross the boundary between the United States 
and Mexico, including recommendations concerning--
            (1) types of border sanitation emergencies requiring 
        response, including sewer line breaks, power interruptions to 
        wastewater handling facilities, breakdowns in components of 
        wastewater handling facilities, and accidental discharge of 
        sewage;
            (2) types of response to border sanitation emergencies, 
        including 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 the distribution of the 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. 9. CONSTRUCTION, REPAIRS, AND OTHER MEASURES.

    (a) Border Sanitation Emergencies.--The Secretary of State, acting 
through the United States Commissioner, may respond through 
construction, repairs, and other measures in the United States to 
correct border sanitation emergencies. The Secretary of State may 
respond directly to a border sanitation emergency or may coordinate the 
response with appropriate State or local authorities.
    (b) Consultation With Affected Parties.--In responding to a border 
sanitation emergency, the Secretary shall consult and cooperate with 
the Administrator, affected States, counties, municipalities, federally 
recognized Indian tribes, the Government of Mexico, and other affected 
parties.

SEC. 10. TRANSFER OF FUNDS.

    (a) Transfer Authority.--The Secretary of State, acting through the 
United States Commissioner, may include as part of the agreements 
entered into under sections 7, 8, and 9 such arrangements as are 
necessary to administer the transfer to another country of funds 
assigned to 1 country and obtained from Federal or non-Federal 
governmental or nongovernmental sources.
    (b) Cost-Sharing Agreements.--
            (1) In general.--Except as provided in paragraph (2), no 
        funds of the United States shall be expended in Mexico for 
        emergency investigation or remediation pursuant to section 7, 
        8, or 9 without a cost-sharing agreement between the United 
        States and the Government of Mexico.
            (2) Exception.--
                    (A) In general.--Funds may be expended as described 
                in paragraph (1) without a cost-sharing agreement if 
                the Secretary of State determines and can demonstrate 
                that the expenditure of the funds in Mexico would be 
                cost-effective and in the interest of the United 
                States.
                    (B) Report.--If funds are expended as described in 
                paragraph (1) without a cost-sharing agreement, the 
                Secretary of State shall submit a report to the 
                appropriate committees of Congress that explains why 
                the costs were not shared between the United States and 
                the Government of Mexico and why the expenditure of the 
                funds without cost-sharing was in the interest of the 
                United States.
    (c) Commission Fund.--
            (1) Establishment.--There is established in the Treasury of 
        the United States a trust fund to be known as the ``United 
        States International Boundary and Water Commission Fund''. The 
        Commission Fund shall consist of--
                    (A) such amounts as are transferred to the 
                Commission Fund under paragraph (2); and
                    (B) any interest earned on investment of amounts in 
                the Commission Fund under paragraph (4).
            (2) Transfer to commission fund.--From amounts made 
        available to the Department of State, the Secretary of State 
        shall transfer to the Secretary of the Treasury for deposit 
        into the Commission Fund $5,000,000. The Secretary of the 
        Treasury shall deposit amounts received under this paragraph 
        into the Commission Fund.
            (3) Expenditures from commission fund.--
                    (A) In general.--Subject to this paragraph, upon 
                request by the Secretary of State, the Secretary of the 
                Treasury shall transfer from the Commission Fund to the 
                Secretary of State such amounts as the Secretary of 
                State determines are necessary to carry out this 
                section and sections 7, 8, and 9.
                    (B) Methods of distribution of funds.--In carrying 
                out the purpose described in subparagraph (A), the 
                Secretary of State may expend amounts made available to 
                the Secretary of State from the Commission Fund 
                directly or make the amounts available through grants 
                or contracts.
                    (C) Administrative expenses.--An amount not 
                exceeding 10 percent of the amounts in the Commission 
                Fund shall be available in each fiscal year to pay 
                administrative expenses necessary to carry out the 
                purpose described in subparagraph (A).
                    (D) Availability of funds.--Amounts in the 
                Commission Fund shall be available without fiscal year 
                limitation.
            (4) Investment of funds.--
                    (A) In general.--The Secretary of the Treasury 
                shall invest such portion of the Commission Fund as is 
                not, in the judgment of the Secretary, required to meet 
                current withdrawals. Investments may be made only in 
                interest-bearing obligations of the United States.
                    (B) Acquisition of obligations.--For the purpose of 
                investments, obligations may be acquired--
                            (i) on original issue at the issue price; 
                        or
                            (ii) by purchase of outstanding obligations 
                        at the market price.
                    (C) Sale of obligations.--Any obligation acquired 
                by the Commission Fund may be sold by the Secretary of 
                the Treasury at the market price.
                    (D) Credits to commission fund.--The interest on, 
                and the proceeds from the sale or redemption of, any 
                obligations held in the Commission Fund shall be 
                credited to and form a part of the Commission Fund.
            (5) Transfers of amounts.--
                    (A) In general.--The amounts required to be 
                transferred to the Commission Fund under paragraph (4) 
                shall be transferred at least monthly from the general 
                fund of the Treasury to the Commission Fund on the 
                basis of estimates made by the Secretary of the 
                Treasury.
                    (B) Adjustments.--Proper adjustment shall be made 
                in amounts subsequently transferred to the extent prior 
                estimates were in excess of or less than the amounts 
                required to be transferred.

SEC. 11. ADMINISTRATION.

    (a) In General.--The Secretary of State and the Administrator shall 
carry out this Act in a manner that is consistent with the 
environmental provisions of the North American Free Trade Agreement, so 
long as the United States applies the North American Free Trade 
Agreement to Mexico.
    (b) Definition.--In this section, the term ``North American Free 
Trade Agreement'' means the agreement between the United States and 
Mexico (without regard to whether Canada is a party to all or part of 
the agreement) entered into on December 17, 1992, and approved by 
Congress pursuant to section 101(a) of the North American Free Trade 
Agreement Implementation Act (19 U.S.C. 3311(a)). The term includes any 
letters exchanged between the Government of the United States and the 
Government of Mexico with respect to the agreement and any side 
agreements entered into in connection with the agreement.

SEC. 12. EFFECT ON OTHER LAW.

    Nothing in this Act shall amend, repeal, or otherwise modify any 
provision of the Comprehensive Environmental Response, Compensation, 
and Liability Act of 1980 (42 U.S.C. 9601 et seq.), the Superfund 
Amendments and Reauthorization Act of 1986 (Public Law 99-499) and the 
amendments made by the Act, or any other law, treaty, or international 
agreement of the United States.

SEC. 13. TERMINATION OF AUTHORITY.

    The authority provided by this Act shall terminate on the date that 
is 5 years after the date of enactment of this Act.
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