[Congressional Record Volume 172, Number 102 (Wednesday, June 17, 2026)]
[Senate]
[Page S2909]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 5853. Mr. CRUZ submitted an amendment intended to be proposed by 
him to the bill S. 4784, to authorize appropriations for fiscal year 
2027 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 title XII, insert the 
     following:

     SEC. 12__. LIMITATION ON ENGAGEMENT WITH MEXICO UNTIL MEXICO 
                   PROVIDES WATER PURSUANT TO TREATY OBLIGATIONS.

       (a) Report Required.--
       (1) In general.--Not later than 180 days after the date of 
     the enactment of this Act, and annually thereafter, the 
     Secretary of State shall submit to the appropriate committees 
     of Congress a report regarding deliveries of water by Mexico 
     pursuant to the Treaty relating to the Utilization of Waters 
     of the Colorado and Tijuana Rivers and of the Rio Grande, 
     signed at Washington February 3, 1944 (9 Bevans 1166), 
     between the United States and Mexico (in this section 
     referred to as the ``Treaty'').
       (2) Elements.--The report required by paragraph (1) shall 
     include--
       (A) a determination of whether Mexico has, during the 
     calendar year preceding the submission of the report, 
     delivered to the United States a minimum of 350,000 acre-feet 
     of water;
       (B) an assessment of Mexico's capabilities for delivering 
     1,750,000 acre-feet of water by the final year of the five-
     year cycle described in the Treaty; and
       (C) an identification of significant economic sectors or 
     activities in Mexico that are situated in, or substantially 
     dependent upon, irrigation districts that benefit from--
       (i) water delivered to Mexico by the United States; or
       (ii) the 6 tributaries of the Rio Grande from which Mexico 
     is obligated to deliver water pursuant to the Treaty.
       (b) Limitation on Engagement.--
       (1) In general.--If, in a report required by subsection 
     (a), the Secretary makes a negative determination under 
     paragraph (2)(A) of that subsection, the President--
       (A) shall deny all non-Treaty requests by Mexico; and
       (B) may limit or terminate engagement with the Government 
     of Mexico related to the sectors or activities in Mexico 
     identified under subsection (a)(2)(C), other than engagement 
     to counter the flow of fentanyl, fentanyl precursors, 
     xylazine, and other synthetic drugs into the United States.
       (2) Exception.--The limitation described in paragraph 
     (1)(A) shall not apply to a non-Treaty request by Mexico if 
     the Secretary submits to the appropriate committees of 
     Congress, not later than 120 days after the submission of the 
     report described in paragraph (1), and every 120 days 
     thereafter, a certification that--
       (A) the water delivered through such channels--
       (i) will be used exclusively to address an ongoing 
     ecological, environmental, or humanitarian emergency; and
       (ii) will not be used for--

       (I) municipal purposes;
       (II) industrial purposes;
       (III) normal water supply needs;
       (IV) water infrastructure deficiencies; or
       (V) maintenance work; and

       (B) fulfilling the request is vital to the national 
     interests of the United States.
       (c) Definitions.--In this section:
       (1) Appropriate committees of congress.--The term 
     ``appropriate committees of Congress'' means--
       (A) the Committee on Foreign Relations of the Senate; and
       (B) the Committee on Foreign Affairs of the House of 
     Representatives.
       (2) Non-treaty request.--The term ``non-Treaty request'' 
     means an emergency request for special delivery channels for 
     the delivery of water made pursuant to any current or future 
     Minute of the International Boundary and Water Commission 
     based on the principles established in Commission Minute No. 
     240, entitled ``Emergency Deliveries of Colorado River Waters 
     for Use in Tijuana'', dated June 13, 1972, as subsequently 
     amended and extended, most recently by Commission Minute No. 
     327, entitled ``Emergency Deliveries of Colorado River Waters 
     For Use In the City of Tijuana, Baja California'', dated 
     January 28, 2022.
                                 ______