IV
103D CONGRESS
1ST SESSION
H. CON. RES. 46
Concerning the establishment of a Joint Commission for the United States-
Mexico Border Region.
IN THE HOUSE OF REPRESENTATIVES
FEBRUARY 18, 1993
Mr. RICHARDSON submitted the following concurrent resolution; which was re-
ferred jointly to the Committees on Foreign Affairs, Energy and Com-
merce, and Public Works and Transportation
CONCURRENT RESOLUTION
Concerning the establishment of a Joint Commission for
the United States-Mexico Border Region.
Whereas the North American Free Trade Agreement
(NAFTA) will increase the flow of commerce and trade
between the United States and Mexico;
Whereas the lack of environmental facilities, enforcement,
and economic growth in the United States-Mexico border
region has caused widespread public health problems and
environmental problems, including serious degradation of
air quality, quality and availability of transboundary
ground water and surface water supplies, and soil qual-
ity;
Whereas increased levels of commerce, trade, and economic
development under NAFTA will exacerbate the existing
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would initially require a form of credit enhancement for
any debt instruments issued by such organizations;
Whereas the debt instruments issued by such organizations
would be used to fund projects to create, replace, or im-
prove the environmental infrastructure facilities in the
United States-Mexico border region;
Whereas the users of environmental infrastructure facilities
in both the United States and Mexico would be the reve-
nue base for the repayment on such instruments issued
by such organizations;
Whereas currently no means of credit enhancement exist to
guarantee the debt of such organizations;
Whereas there is mutual agreement between the United
States and Mexico to increase technical assistance pro-
vided between the two nations relating to environmental
issues;
Whereas there is a need to promote greater public participa-
tion and public disclosure relating to public health issues
and environmental issues in the United States-Mexico
border region, including requiring businesses located in
the Mexican part of such border region to comply with
reporting requirements similar to the hazardous sub-
stances reporting requirements under United States Fed-
eral law; and
Whereas there is a need to promote greater voluntary service
and corporate philanthropy in such border region: Now,
therefore, be it
Resolved by the House of Representatives (the Senate
concurring),
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SECTION 1. SHORT TITLE.
This concurrent resolution may be cited as the ‘‘Joint
Commission for the United States-Mexico Border Region
Resolution’’.
SEC. 2. ESTABLISHMENT OF BILATERAL COMMISSION.
(a) IN GENERAL.—The Congress urges the President
to reach an agreement with Mexico on the establishment
of a joint commission (in this concurrent resolution re-
ferred to as the ‘‘Commission’’) between the United States
and Mexico to help alleviate public health problems and
environmental problems in the United States-Mexico bor-
der region caused by the lack of environmental infrastruc-
ture capacity in such border region, the growing shortages
of ground and surface water resources shared by both na-
tions, and by the increased levels of commerce, trade, and
economic development under the North American Free
Trade Agreement (in this concurrent resolution referred
to as ‘‘NAFTA’’).
(b) TIME LIMIT.—The agreement described in sub-
section (a) should be reached not later than the effective
date of the legislation implementing NAFTA.
SEC. 3. COMPOSITION.
The Commission should be composed of 12 members,
6 of whom should represent the United States and 6 of
whom should represent Mexico. Of the 6 members rep-
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resenting the United States, the President should ap-
point—
(1) the Administrator of the Environmental
Protection Agency as the head of the United States
delegation;
(2) the Commissioner of the United States sec-
tion of the International Boundary and Water Com-
mission; and
(3) one representative from—
(A) the Department of Health and Human
Services;
(B) the Department of the Interior;
(C) the Department of Housing and Urban
Development; and
(D) the Department of Agriculture.
SEC. 4. DUTIES.
(a) BORDER ENVIRONMENTAL GUARANTY FUND.—
The Commission should establish and oversee a Border
Environmental Guaranty Fund (in this concurrent resolu-
tion referred to as the ‘‘Fund’’) to provide financial guar-
antees for the repayment of debt instruments issued by
public and private financial organizations, the proceeds of
which are used to fund projects to create, replace, or im-
prove the environmental infrastructure in the United
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States-Mexico border region. The Fund should meet the
following requirements:
(1) The United States and Mexico should each
contribute not less than $100,000,000 to the Fund.
(2) The obligations of the Fund should not
have any guaranty, express or implied, of the United
States Government.
(3) The guaranty of the Fund should confer on
underlying debt instruments issued by public and
private financial organizations the lowest investment
grade ratings from independent and internationally
recognized securities rating organizations for the
purpose of leveraging the Fund to the maximum ex-
tent possible so that the greatest possible ratio exists
between the amount of debt guaranteed by the Fund
and the amount of capital in the Fund.
(4) The Fund should have a board of directors
to provide financial management of the Fund and
management of projects guaranteed by the Fund.
The board should be composed of 10 members, 5 of
whom should represent the United States and 5 of
whom should represent Mexico.
(5) Members of the board should be reimbursed
for reasonable expenses incurred in carrying out
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their duties, and such expenses should be paid for
equally by both the United States and Mexico.
(6) The board should be provided with an inde-
pendent staff in order to carry out its duties in a
prudent and timely manner.
(b) TECHNICAL
COOPERATION
PROGRAM.—The
Commission should establish a program to provide for
technical assistance and the exchange of personnel for en-
vironmental coordination activities between the United
States and Mexico (including the provision of technical as-
sistance to Mexico from representatives of the Environ-
mental Protection Agency and other relevant Federal
agencies), including training in activities such as environ-
mental impact assessment, the development of environ-
mental standards, enforcement of such standards, pollu-
tion prevention and control, the control of the use of pes-
ticides, waste management, response to chemical emer-
gencies, toxic emissions reporting, marine pollution, con-
servation activities, and urban planning and infrastructure
development.
(c) PROCEDURES TO PROMOTE INCREASED PUBLIC
PARTICIPATION AND PUBLIC DISCLOSURE RELATING TO
PUBLIC HEALTH
AND ENVIRONMENTAL ISSUES.—The
Commission should establish procedures to promote in-
creased public participation and public disclosure relating
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to public health issues and environmental issues in the
United States-Mexico border region. In establishing such
procedures, the Commission should meet the following re-
quirements:
(1) The Commission should establish no fewer
than 2 regional border offices to foster community
outreach, public participation, and border volunteer
initiatives in
the
United
States-Mexico
border
region.
(2) The Commission should be given the au-
thority to require businesses located in the Mexican
part of the United States-Mexico border region to
comply with reporting requirements similar to those
described in the Emergency Planning and Commu-
nity Right-To-Know Act of 1986 (42 U.S.C. 11001
note).
(3) The Commission should consult with the
Border Environmental Public Advisory Committee of
the Environmental Protection Agency so that exper-
tise from the private and public sectors is readily
available to the Commission in the areas of public
health, agriculture, housing and urban development,
conservation, and public voluntary service.
(d) UNITED STATES-MEXICO BORDER REGION VOL-
UNTEER SERVICE.—The Commission should, in conjunc-