North American Development Bank’s Pollution Solution Act

I 116TH CONGRESS 1ST SESSION H. R. 3895 To provide for a general capital increase for the North American Development Bank, and for other purposes. IN THE HOUSE OF REPRESENTATIVES JULY 23, 2019 Mr. VARGAS (for himself, Mr. PETERS, Mrs. DAVIS of California, and Mr. LEVIN of California) introduced the following bill; which was referred to the Committee on Financial Services A BILL To provide for a general capital increase for the North American Development Bank, and for other purposes. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘North American Devel- 4 opment Bank’s Pollution Solution Act’’. 5 SEC. 2. GENERAL CAPITAL INCREASE. 6 Part 2 of subtitle D of title V of Public Law 103– 7 182 (22 U.S.C. 290m–290m–5) is amended by adding at 8 the end the following: 9 VerDate Sep 11 2014 05:29 Jul 30, 2019 Jkt 089200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H3895.IH H3895 kjohnson on DSK79L0C42 with BILLS 2 •HR 3895 IH ‘‘SEC. 547. FIRST CAPITAL INCREASE. 1 ‘‘(a) SUBSCRIPTION AUTHORIZED.—The Secretary of 2 the Treasury is authorized to subscribe on behalf of the 3 United States to, and make payment for, 150,000 addi- 4 tional shares of the capital stock of the Bank. 5 ‘‘(b) LIMITATION.—Any subscription by the United 6 States to the capital stock of the Bank shall be effective 7 only to such extent and in such amounts as are provided 8 in advance in appropriations Acts. 9 ‘‘(c) USE OF CAPITAL RAISED TO FURTHER CER- 10 TAIN POLICY GOALS.—The Secretary of the Treasury 11 shall instruct the United States Executive Director at the 12 Bank to use the voice and vote of the United States to 13 prioritize using the capital raised through the purchase 14 of additional shares of capital stock of the Bank to further 15 the policy goals set forth in section 3 of the North Amer- 16 ican Development Bank’s Pollution Solution Act.’’. 17 SEC. 3. POLICY GOALS. 18 (a) IN GENERAL.—In addition to projects within the 19 mission and scope of the North American Development 20 Bank, including wastewater treatment, water conserva- 21 tion, municipal solid waste and related matters, on the day 22 before the date of the enactment of this Act and pursuant 23 to section 2 of article II of the Charter, the Secretary of 24 the Treasury shall direct the representatives of the United 25 States to the Board of Directors of the Bank to use their 26 VerDate Sep 11 2014 01:40 Jul 31, 2019 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H3895.IH H3895 kjohnson on DSK79L0C42 with BILLS 3 •HR 3895 IH voice and vote of the United States to support the financ- 1 ing of projects related to environmental infrastructure re- 2 lating to water pollution, stormwater drainage, non-point 3 pollution and any other environmentally beneficial infra- 4 structure project. 5 (b) CHARTER DEFINED.—In this section, the term 6 ‘‘Charter’’ means the Agreement Concerning the Estab- 7 lishment of a Border Environment Cooperation Commis- 8 sion and a North American Development Bank, signed at 9 Washington and Mexico November 16 and 18, 1993, and 10 entered into force January 1, 1994 (TIAS 12516), be- 11 tween the United States and Mexico. 12 SEC. 4. EFFICIENCIES AND STREAMLINING. 13 The Secretary of the Treasury shall direct the rep- 14 resentatives of the United States to the Board of Directors 15 of the North American Development Bank to use the voice 16 and vote of the United States to seek to require the Bank 17 to develop and implement efficiency improvements to 18 streamline and accelerate projects described in section 19 3(a). 20 SEC. 5. PERFORMANCE MEASURES. 21 (a) IN GENERAL.—The Secretary of the Treasury 22 shall direct the representatives of the United States to the 23 Board of Directors of the North American Development 24 Bank to use the voice and vote of the United States to 25 VerDate Sep 11 2014 05:29 Jul 30, 2019 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H3895.IH H3895 kjohnson on DSK79L0C42 with BILLS 4 •HR 3895 IH seek to require the Bank to develop performance measures 1 that— 2 (1) demonstrate how projects and financing ap- 3 proved by the Bank are meeting the Bank’s mission 4 and providing added value to the region near the 5 international land border between the United States 6 and Mexico; and 7 (2) are reviewed and updated not less fre- 8 quently than annually. 9 (b) REPORT TO CONGRESS.—The Secretary of the 10 Treasury shall submit to Congress, with the submission 11 to Congress of the budget of the President for a fiscal 12 year under section 1105(a) of title 31, United States 13 Code, a report on progress in imposing the performance 14 measures described in subsection (a). 15 SEC. 6. CREATION OF THE U.S.-MEXICO BORDER PUBLIC 16 HEALTH TRUST FUND IN THE NORTH AMER- 17 ICAN DEVELOPMENT BANK. 18 (a) SHORT TITLE.—This section may be cited as the 19 ‘‘U.S.-Mexico Border Public Health Trust Fund Act of 20 2019’’. 21 (b) CREATION OF THE U.S.-MEXICO BORDER PUB- 22 LIC HEALTH TRUST FUND.—Part 2 of subtitle D of title 23 V of the North American Free Trade Agreement Imple- 24 mentation Act (22 U.S.C. 290m–290m–5), as amended by 25 VerDate Sep 11 2014 05:29 Jul 30, 2019 Jkt 089200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H3895.IH H3895 kjohnson on DSK79L0C42 with BILLS 5 •HR 3895 IH section 2 of this Act, is amended by adding at the end 1 the following: 2 ‘‘SEC. 548. U.S.-MEXICO BORDER PUBLIC HEALTH TRUST 3 FUND. 4 ‘‘(a) ESTABLISHMENT.— 5 ‘‘(1) IN GENERAL.—The Secretary of the 6 Treasury, in consultation with the Secretary of State 7 and the Administrator of the Environmental Protec- 8 tion Agency, shall use the voice and vote of the 9 United States to establish, in the Bank, a trust fund 10 (which shall be known as the U.S.-Mexico Border 11 Public Health Trust Fund) which shall— 12 ‘‘(A) focus on designing, implementing, 13 and financing, through loans and grants, envi- 14 ronmental infrastructure projects relating to 15 water pollution, wastewater treatment, water 16 conservation, municipal solid waste, and related 17 matters along the United States-Mexico border; 18 and 19 ‘‘(B) be administered by the Board of Di- 20 rectors of the Bank. 21 ‘‘(2) REPORT TO THE CONGRESS.—Until the 22 trust fund is established, the Secretary of the Treas- 23 ury shall submit to the Committees of jurisdiction 24 semiannual reports on the efforts of, and progress 25 VerDate Sep 11 2014 05:29 Jul 30, 2019 Jkt 089200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H3895.IH H3895 kjohnson on DSK79L0C42 with BILLS 6 •HR 3895 IH made by, the Secretary in establishing the trust 1 fund. 2 ‘‘(b) ADMINISTRATION.— 3 ‘‘(1) IN GENERAL.—The Secretary of the 4 Treasury, in consultation with the Secretary of State 5 and the Administrator of the Environmental Protec- 6 tion Agency (and, in the case of matters relating to 7 expenditures from the trust fund, the Secretary of 8 Homeland Security, the Secretary of Health and 9 Human Services, and the head of any department or 10 agency of the Federal Government that has made a 11 deposit into the trust fund), shall use the voice and 12 vote of the United States— 13 ‘‘(A) to support the development by the 14 Bank of performance measures for projects fi- 15 nanced by the trust fund; 16 ‘‘(B) to support the regular assessment of 17 the projects by the Bank using performance 18 measures; and 19 ‘‘(C) to explore and support opportunities 20 for private sector co-financing of trust fund 21 projects. 22 ‘‘(2) REPORT TO THE CONGRESS.—Within 1 23 year after the establishment of the trust fund, and 24 annually thereafter, the Secretary of the Treasury 25 VerDate Sep 11 2014 05:29 Jul 30, 2019 Jkt 089200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H3895.IH H3895 kjohnson on DSK79L0C42 with BILLS 7 •HR 3895 IH shall submit to the Committees of jurisdiction a 1 written report on the progress made in developing 2 the performance measures referred to in paragraph 3 (1). 4 ‘‘(c) APPROPRIATIONS.— 5 ‘‘(1) IN GENERAL.—Out of any money in the 6 Treasury of the United States not otherwise appro- 7 priated, there are appropriated $400,000,000 for 8 payment by the Secretary of the Treasury to the 9 Bank as trustee for the trust fund, to remain avail- 10 able until expended. 11 ‘‘(2) AUTHORITY TO REPROGRAM UNOBLIGATED 12 FUNDS.—Any department or agency of the Federal 13 Government may deposit into the trust fund any un- 14 obligated funds made available to the department or 15 agency, as the case may be.’’. 16 Æ VerDate Sep 11 2014 05:29 Jul 30, 2019 Jkt 089200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6301 E:\BILLS\H3895.IH H3895 kjohnson on DSK79L0C42 with BILLS