[Congressional Record Volume 149, Number 79 (Monday, June 2, 2003)]
[Senate]
[Page S7190]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mrs. HUTCHISON:
  S. 1163. A bill to condition of receipt certain State revolving funds 
on the restriction of development or construction of new colonia and 
colonia structures along the border between the United States and 
Mexico; to the Committee on Environment and Public Works.
  Mrs. HUTCHISON. Mr. President, today I rise to introduce a bill to 
improve the deplorable housing situation on the U.S. border with 
Mexico. In Texas along the 1,248 mile stretch from Cameron County to El 
Paso County, there are more than 1,400 colonias, or underdeveloped 
subdivisions, that suffer from such conditions as open sewage, a lack 
of indoor plumbing, and poor housing construction. These colonias are 
the most distressed areas in the country, yet despite terrible living 
conditions, they have grown in population. The legislation I introduce 
today, along with the Colonias Gateway Initiative Act which I am 
sponsoring, will go a long way toward eliminating the substandard 
living conditions that should not exist here in the United States of 
America.
  This legislation will prohibit Federal funding for counties and 
municipal governments that refuse to enforce reasonable rules to 
prevent the development or construction of any new colonias that lack 
water, wastewater, and other basic infrastructure needs. I have 
inserted and the Senate has passed this exact language into the VA-HUD 
Appropriations bill every year since fiscal year 2001.
  In 1993, I visited with a woman named Elida Bocanegra, who led me 
through the streets of the colonia where she lived. Elida showed me her 
community, which lacked paved roads, wastewater facilities and running 
water. Quite frankly, I could not believe I was in America. After that 
experience, the first amendment I offered as a U.S. Senator authorized 
$50 million for a colonias clean-up project. Since my election to the 
U.S. Senate, I have worked to improve the quality of life and ensure 
fundamental services are provided for people like Elida, helping to 
secure more than $615 million for the colonias of my state.
  This act will ensure that colonias lacking water and wastewater 
facilities will be a thing of the past, and the neediest people along 
our border with Mexico will have the basic necessities to live. I ask 
unanimous consent that the text of the bill be printed in the Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 1163

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

     SECTION 1. RESTRICTION ON DEVELOPMENT AND CONSTRUCTION OF NEW 
                   COLONIAS AREAS.

       (a) Definitions.--In this section:
       (1) Colonia.--The term ``colonia'' means any identifiable 
     community that--
       (A) is located in the State of Arizona, California, New 
     Mexico, or Texas;
       (B) is located in the United States-Mexico border region;
       (C) is determined by a State referred to in subparagraph 
     (A) to be a colonia on the basis of objective criteria, 
     including a lack of--
       (i) a potable water supply;
       (ii) adequate sewage systems; and
       (iiI) decent, safe, and sanitary housing; and
       (D) before the date of enactment of this Act, was in 
     existence and generally recognized as a colonia by the State.
       (2) Secretary.--The term ``Secretary'' means the Secretary 
     of Housing and Urban Development.
       (3) United states-mexico border region.--
       (A) In general.--The term ``United States-Mexico border 
     region'' means the area of the United States located within 
     150 miles of the border between the United States and Mexico.
       (B) Exclusion.--The term ``United States-Mexico border 
     region'' does not include any standard metropolitan 
     statistical area with a population that is greater than 
     1,000,000, as determined by the Secretary.
       (b) Restriction on Development and Construction.--
       (1) In general.--Notwithstanding any other provision of 
     law, beginning for the fiscal year in which this Act is 
     enacted, and for each fiscal year thereafter, no State 
     referred to in subsection (a)(1)(A) shall receive a 
     capitalization grant for the fiscal year under title VI of 
     the Federal Water Pollution Control Act (33 U.S.C. 1381 et 
     seq.) or section 1452 of the Safe Drinking Water Act (42 
     U.S.C. 300j-12) unless the State, to the satisfaction of the 
     Secretary, requires each county and municipal government in 
     the United States-Mexico border region in the State to 
     establish and enforce an ordinance or rule described in 
     paragraph (2).
       (2) Ordinance or rule.--An ordinance or rule referred to in 
     paragraph (1) is an ordinance or rule that prohibits the 
     development or construction of any new colonia, or the 
     construction of any new structure in a colonia, that lacks 
     water, wastewater, or other necessary infrastructure 
     required--
       (A) to comply with--
       (i) the Federal Water Pollution Control Act (33 U.S.C. 1251 
     et seq.); and
       (ii) the Safe Drinking Water Act (42 U.S.C. 300f et seq.); 
     and
       (B) to address the water infrastructure needs of the 
     colonia or structure.
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