[Congressional Record Volume 168, Number 157 (Wednesday, September 28, 2022)]
[Senate]
[Page S5356]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 5892. Mrs. FEINSTEIN (for herself and Mr. Padilla) submitted an 
amendment intended to be proposed to amendment SA 5499 submitted by Mr. 
Reed (for himself and Mr. Inhofe) and intended to be proposed to the 
bill H.R. 7900, to authorize appropriations for fiscal year 2023 for 
military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

       At the appropriate place in subtitle G of title X, insert 
     the following:

     SEC. 10__. MANAGEMENT OF INTERNATIONAL TRANSBOUNDARY WATER 
                   POLLUTION.

       (a) Definitions.--In this section:
       (1) Administrator.--The term ``Administrator'' means the 
     Administrator of the Environmental Protection Agency.
       (2) Commission.--The term ``Commission'' means the United 
     States section of the International Boundary and Water 
     Commission.
       (3) Covered funds.--The term ``covered funds'' means--
       (A) amounts made available to the Administrator under the 
     heading ``State and Tribal Assistance Grants'' under the 
     heading ``ENVIRONMENTAL PROTECTION AGENCY'' under title IX of 
     the United States-Mexico-Canada Agreement Implementation Act 
     (Public Law 116-113; 134 Stat. 100); and
       (B) any other relevant funds, as determined by the 
     Administrator.
       (4) Treatment works.--The term ``treatment works'' has the 
     meaning given the term in section 212 of the Federal Water 
     Pollution Control Act (33 U.S.C. 1292).
       (5) United states-mexico border region.--The term ``United 
     States-Mexico border region'' means any area in the United 
     States that is located within 100 kilometers of the United 
     States-Mexico border.
       (b) Transfer of Funds.--
       (1) In general.--The Administrator may, with the 
     concurrence of the Commission, transfer covered funds to the 
     Commission to support the construction of treatment works 
     that are owned and operated by the Commission.
       (2) Method of transfer.--The Administrator may transfer 
     funds under paragraph (1) by--
       (A) entering into an interagency agreement with the 
     Commission; or
       (B) awarding a grant to the Commission.
       (c) Use of Funds.--The Commission may use funds received 
     under this section--
       (1) to plan, study, design, and construct treatment works 
     that--
       (A) protect residents in the United States-Mexico border 
     region from pollution resulting from--
       (i) transboundary flows of wastewater, stormwater, or other 
     international transboundary water flows originating in 
     Mexico; and
       (ii) any inadequacies or breakdowns of treatment works in 
     Mexico; and
       (B) provide treatment of the flows and pollution described 
     in subparagraph (A) in compliance with local, State, and 
     Federal law;
       (2) to carry out activities related to the projects and 
     activities described in paragraph (1), including construction 
     management; and
       (3) for the administrative costs of carrying out this 
     section.
       (d) Operation and Maintenance.--Subject to the availability 
     of appropriations, the Commission shall operate and maintain 
     any new treatment works constructed using funds received 
     under this section.
       (e) Consultation and Coordination.--The Commission shall 
     consult and coordinate with the Administrator in carrying out 
     any project or activity using funds received under this 
     section.
       (f) Applicability of Other Requirements.--Sections 513 and 
     608 of the Federal Water Pollution Control Act (33 U.S.C. 
     1372, 1388) shall apply to the construction of any treatment 
     works in the United States using funds received by the 
     Commission under this section.
       (g) Savings Provision.--Nothing in this section modifies, 
     amends, repeals, or otherwise limits the authority of the 
     International Boundary and Water Commission under--
       (1) the treaty relating to the utilization of the waters of 
     the Colorado and Tijuana Rivers, and of the Rio Grande (Rio 
     Bravo) from Fort Quitman, Texas, to the Gulf of Mexico, and 
     supplementary protocol, signed at Washington February 3, 1944 
     (59 Stat. 1219), between the United States and Mexico; or
       (2) any other applicable treaty.
                                 ______