Title VIII — Environment Monitoring and Enforcement

116th Congress · Approved Jan 29, 2020 · 134 Stat. 11

TITLE VIII Environment Monitoring and Enforcement

SEC. 801. Definitions.

In this title:

(1)

Environmental law.— The term “environmental law” has the meaning given the term in article 24.1 of the USMCA.

(2)

Environmental obligations.— The term “environmental obligations” means obligations relating to the environment under—

(A)

chapter 1 of the USMCA (relating to initial provisions and general definitions); and

(B)

chapter 24 of the USMCA (relating to environment).

Subtitle A Interagency Environment Committee for Monitoring and Enforcement

SEC. 811. Establishment.

(a)

In General.— Not later than 30 days after the date of the enactment of this Act, the President shall establish an Interagency Environment Committee for Monitoring and Enforcement (in this title referred to as the “Interagency Environment Committee”)—

(1)

to coordinate United States efforts to monitor and enforce environmental obligations generally; and

(2)

with respect to the USMCA countries—

(A)

to carry out an assessment of their environmental laws and policies;

(B)

to carry out monitoring actions with respect to the implementation and maintenance of their environmental obligations; and

(C)

to request enforcement actions with respect to USMCA countries that are not in compliance with their environmental obligations.

(b)

Membership.— The members of the Interagency Environment Committee shall be the following:

(1)

The Trade Representative, who shall serve as chairperson.

(2)

Representatives from each of the following:

(A)

The National Oceanic Atmospheric Administration.

(B)

The U.S. Fish and Wildlife Service.

(C)

The U.S. Forest Service.

(D)

The Environmental Protection Agency.

(E)

The Animal and Plant Health Inspection Service.

(F)

U.S. Customs and Border Protection.

(G)

The Department of State.

(H)

The Department of Justice.

(I)

The Department of the Treasury.

(J)

The United States Agency for International Development.

(3)

Representatives from other Federal agencies, as the President determines to be appropriate.

(c)

Information Sharing.— Notwithstanding any other provision of law, the members of the Interagency Environment Committee may exchange information for purposes of carrying out this subtitle.

SEC. 812. Assessment.

(a)

In General.— The Interagency Environment Committee shall carry out an assessment of the environmental laws and policies of the USMCA countries—

(1)

to determine if such laws and policies are sufficient to implement their environmental obligations; and

(2)

to identify any gaps between such laws and policies and their environmental obligations.

(b)

Matters To Be Included.— The assessment required by subsection (a) shall identify the environmental laws and policies of the USMCA countries with respect to which enhanced cooperation, including the provision of technical assistance and capacity building assistance, monitoring actions, and enforcement actions, if appropriate, should be carried out on an enhanced and continuing basis.

(c)

Report.— Not later than 90 days after the date on which the Interagency Environment Committee is established, or the date on which the USMCA enters into force, whichever occurs earlier, the Interagency Environment Committee shall submit a report that contains the assessment required by subsection (a) to—

(1)

the appropriate congressional committees; and

(2)

the Trade and Environment Policy Advisory Committee (or successor advisory committee) established under section 135(c)(1) of the Trade Act of 1974 (19 U.S.C. 2155(c)(1)).

(d)

Update.— The Interagency Environment Committee shall—

(1)

update the assessment required by subsection (a) at the appropriate time prior to submission of the report required by section 816(a) that is to be submitted in the fifth year after the USMCA enters into force; and

(2)

submit the updated assessment to the Trade Representative for inclusion in such fifth annual report.

(e)

Consultation.— The Interagency Environment Committee shall consult on a regular basis with the USMCA countries—

(1)

in carrying out the assessment required by subsection (a) and the update to the assessment required by subsection (d); and

(2)

in preparing the report required by subsection (c).

SEC. 813. Monitoring Actions.

(a)

In General.— The Interagency Environment Committee shall carry out monitoring actions, which shall include the monitoring actions described in subsections (b), (c), and (d), with respect to the implementation and maintenance of the environmental obligations of the USMCA countries.

(b)

Review of CEC Secretariat Submissions.—

(1)

In general.— Not later than 30 days after the date on which the Secretariat of the Commission for Environmental Cooperation prepares a factual record under article 24.28 of the USMCA relating to a submission filed under article 24.27 of the USMCA with respect to a USMCA country, the Interagency Environment Committee—

(A)

shall review the factual record; and

(B)

may, based on findings of the review under subparagraph (A) that the USMCA country is not in compliance with its environmental obligations, request enforcement actions under section 814 with respect to the USMCA country.

(2)

Written justification.— If the Interagency Environment Committee finds that a USMCA country is not in compliance with its environmental obligations under paragraph (1)(B) and determines not to request enforcement actions under section 814 with respect to the USMCA country, the Committee shall, not later than 30 days after the date on which it makes the determination, provide to the appropriate congressional committees a written explanation and justification of the determination.

(c)

Review of Reports of United States Environment Attachés to Mexico.— The Interagency Environment Committee shall—

(1)

review each report submitted to the Committee under section 822(b)(2); and

(2)

based on the findings of each such report, assess the efforts of Mexico to comply with its environmental obligations.

(d)

United States Implementation of Environment Cooperation and Customs Verification Agreement.—

(1)

Verification of shipments.— The Interagency Environment Committee—

(A)

may request verification of particular shipments of Mexico under the Environment Cooperation and Customs Verification Agreement between the United States and Mexico, done at Mexico City on December 10, 2019, in response to—

(i)

comments submitted by the public to request verification of particular shipments of Mexico under such Agreement; or

(ii)

on its own motion; and

(B)

upon receipt of comments described in subparagraph (A)(i)—

(i)

shall review the comments not later than 30 days after the date on which the comments are submitted to the Trade Representative; and

(ii)

may request the Trade Representative to, within a reasonable period of time, request Mexico to provide relevant information for purposes of verification of particular shipments of Mexico described in subparagraph (A).

(2)

Review of relevant information and request for additional steps.— The Interagency Environment Committee—

(A)

shall review relevant information provided by Mexico as described in paragraph (1)(B)(ii) to determine if the Trade Representative should request additional steps to verify information provided or related to a particular shipment of Mexico; and

(B)

may request the Trade Representative to, within a reasonable period of time, request Mexico to take such additional steps with respect to the particular shipment.

(3)

Consultation.— The Trade Representative, on behalf of the Interagency Environment Committee, shall, on a quarterly basis, consult with the appropriate congressional committees and the Trade and Environment Policy Advisory Committee (or successor advisory committee) established under section 135(c)(1) of the Trade Act of 1974 (19 U.S.C. 2155(c)(1)) regarding the public comments and relevant information described in paragraph (1) and the actions taken under paragraph (2).

(e)

Application.— Subsections (c) and (d) shall apply with respect to Mexico for such time as the USMCA is in force with respect to, and the United States applies the USMCA to, Mexico.

SEC. 814. Enforcement Actions.

The Interagency Environment Committee—

(1)

may request the Trade Representative to, within a reasonable period of time, request consultations under—

(A)

article 24.29 of the USMCA (relating to environment consultations) with respect to the USMCA country; or

(B)

articles 31.4 and 31.6 of the USMCA (relating to dispute settlement consultations) with respect to the USMCA country; or

(2)

may request the heads of other Federal agencies described in section 815 to initiate monitoring or enforcement actions with respect to the USMCA country under the provisions of law described in section 815.

SEC. 815. Other Monitoring and Enforcement Actions.

(a)

Marine Mammal Protection Act.— The Secretary of Commerce has authority to take appropriate monitoring or enforcement actions under the Marine Mammal Protection Act of 1972 (16 U.S.C. 1361 et seq.).

(b)

Magnuson-Stevens Fishery Conservation and Management Act.— The Secretary of Commerce has authority to take appropriate monitoring or enforcement actions under the following provisions of law:

(1)

The Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1801 et seq.).

(2)

The Magnuson-Stevens Fishery Conservation and Management Reauthorization Act of 2006 (16 U.S.C. 1891 et seq.).

(3)

The High Seas Driftnet Fishing Moratorium Protection Act (16 U.S.C. 1826d et seq.).

(4)

The Shark Conservation Act of 2010 (16 U.S.C. 1826k note; 1857 note).

(5)

The Shark Finning Prohibition Act (16 U.S.C. 1822 note).

(c)

Fishermen’s Protective Act of 1967.— The Secretary of Commerce and Secretary of the Interior have authority to take appropriate monitoring or enforcement actions under section 8 of the Fishermen’s Protective Act of 1967 (22 U.S.C. 1978).

(d)

Agreement on Port State Measures To Prevent, Deter and Eliminate Illegal, Unreported and Unregulated Fishing.— The Secretary of Commerce has authority to take appropriate monitoring or enforcement actions under the Port State Measures Agreement Act of 2015 (16 U.S.C. 7401 et seq.).

(e)

Endangered Species Act.— The Secretary of Agriculture, the Secretary of the Interior, the Secretary of Homeland Security, the Secretary of Commerce, and the Secretary of the Treasury have authority to take appropriate monitoring or enforcement actions under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.).

(f)

Lacey Act.— The Secretary of Agriculture, the Secretary of Commerce, the Secretary of the Interior, the Secretary of Homeland Security, and the Secretary of the Treasury have authority to take appropriate monitoring or enforcement actions under the Lacey Act Amendments of 1981 (16 U.S.C. 3371 et seq.).

(g)

Migratory Bird Treaty Act.— The Secretary of the Interior has authority to take appropriate monitoring or enforcement actions under the Migratory Bird Treaty Act of 1918 (16 U.S.C. 703 et seq.).

(h)

Eliminate, Neutralize, and Disrupt Wildlife Trafficking Act.— The Secretary of State, the Secretary of the Interior, the Attorney General, and Administrator of the United States Agency for International Development have authority to take appropriate monitoring or enforcement actions under the Eliminate, Neutralize, and Disrupt Wildlife Trafficking Act of 2016 (16 U.S.C. 7601 et seq.).

(i)

Wild Bird Conservation Act.— The Secretary of the Interior has authority to take appropriate monitoring or enforcement actions under the Wild Bird Conservation Act of 1992 (16 U.S.C. 4901 et seq.).

(j)

Customs Seizure and Other Authorities.— The Secretary of Homeland Security has authority to take appropriate monitoring or enforcement actions under section 499 of the Tariff Act of 1930 (19 U.S.C. 1499) or section 596 of such Act (19 U.S.C. 1595a).

(k)

Other Relevant Provisions of Law.— The Interagency Environment Committee may request the heads of other Federal agencies to take appropriate monitoring or enforcement actions under other relevant provisions of law.

(l)

Rule of Construction.— Nothing in this section may be construed to supersede or otherwise limit in any manner the functions or authority of the head of any Federal agency described in this section under any other provision of law.

SEC. 816. Report to Congress.

(a)

In General.— The Trade Representative, in consultation with the head of any Federal agency described in this subtitle, shall submit to the appropriate congressional committees a report on the implementation of this subtitle, including—

(1)

a description of efforts of the USMCA countries to implement their environmental obligations; and

(2)

a description of additional efforts to be taken with respect to USMCA countries that are failing to implement their environmental obligations.

(b)

Timing of Report.— The report required by subsection (a) shall be submitted—

(1)

not later than 1 year after the date on which the USMCA enters into force;

(2)

annually for each of the next 4 years; and

(3)

biennially thereafter.

(c)

Additional Matters To Be Included in the Fifth Annual Report.— The report required by subsection (a) that is submitted in the fifth year after the USMCA enters into force shall also include the following:

(1)

The updated assessment required by section 812(d).

(2)

A comprehensive determination regarding USMCA countries’ implementation of their environmental obligations.

(3)

An explanation of how compliance with environmental obligations will be taken into consideration during the “joint review” conducted pursuant to article 34.7.2 of the USMCA on the sixth anniversary of the entry into force of the USMCA.

SEC. 817. Regulations.

The head of any Federal agency described in this subtitle, in consultation with the Interagency Environment Committee, may prescribe such regulations as are necessary to carry out the authorities of the Federal agency as provided for under this subtitle.

Subtitle B Other Matters

SEC. 821. Border Water Infrastructure Improvement Authority.

(a)

In General.— The Administrator of the Environmental Protection Agency shall, in coordination with eligible public entities, carry out the planning, design, construction, and operation and maintenance of high priority treatment works in the covered area to treat wastewater (including stormwater), nonpoint sources of pollution, and related matters resulting from international transboundary water flows originating in Mexico.

(b)

Report to Congress.— Not later than 1 year after the date of enactment of this Act, and annually thereafter, the Administrator shall submit to Congress a report on activities carried out pursuant to this section.

(c)

Definitions.— In this section:

(1)

Covered area.— The term “covered area” means the portion of the Tijuana River watershed that is in the United States.

(2)

Eligible public entities.— The term “eligible public entities” means—

(A)

the United States Section of the International Boundary and Water Commission;

(B)

the Corps of Engineers;

(C)

the North American Development Bank;

(D)

the Department of State;

(E)

any other appropriate Federal agency;

(F)

the State of California; and

(G)

any of the following entities with jurisdiction over any part of the covered area:

(i)

A local government.

(ii)

An Indian Tribe.

(iii)

A regional water board.

(iv)

A public wastewater utility.

(3)

Treatment works.— The term “treatment works” has the meaning given that term in section 212 of the Federal Water Pollution Control Act.

SEC. 822. Detail of Personnel to Office of the United States Trade Representative.

(a)

In General.— Upon the request of the Trade Representative, the Administrator of the Environmental Protection Agency, the Director of the U.S. Fish and Wildlife Service, and the Administrator of the National Oceanic Atmospheric Administration may detail, on a reimbursable basis, one employee of each such respective agency to the Office of the United States Trade Representative to be assigned to the United States Embassy in Mexico to carry out the duties described in subsection (b).

(b)

Duties.— The duties described in this subsection are the following:

(1)

Assist the Interagency Environment Committee to carry out monitoring and enforcement actions with respect to the environmental obligations of Mexico.

(2)

Prepare and submit to the Interagency Environment Committee on a quarterly basis a report on efforts of Mexico to comply with its environmental obligations.

Subtitle C North American Development Bank

SEC. 831. General Capital Increase.

Part 2 of subtitle D of title V of Public Law 103–182 (22 U.S.C. 290m et seq.) is amended by adding at the end the following:

“SEC. 547. FIRST CAPITAL INCREASE.

“(a) Subscription Authorized.—

“(1) In general.—The Secretary of the Treasury is authorized to subscribe on behalf of the United States to, and make payment for, 150,000 additional shares of the capital stock of the Bank.

“(2) Limitation.—Any subscription by the United States to the capital stock of the Bank shall be effective only to such extent and in such amounts as are provided in advance in appropriations Acts.

“(b) Limitations on Authorization of Appropriations.—

“(1) In general.—In order to pay for the increase in the United States subscription to the Bank under subsection (a), there are authorized to be appropriated, without fiscal year limitation, $1,500,000,000 for payment by the Secretary of the Treasury.

“(2) Allocation of funds.—Of the amount authorized to be appropriated under paragraph (1)—

“(A) $225,000,000 shall be for paid in shares of the Bank; and

“(B) $1,275,000,000 shall be for callable shares of the Bank.”

SEC. 832. Policy Goals.

(a)

In General.— To the extent consistent with the mission and scope of the North American Development Bank on the day before the date of the enactment of this Act and pursuant to section 2 of article II of the Charter, the Secretary of the Treasury should direct the representatives of the United States to the Board of Directors of the Bank to use the voice and vote of the United States to give preference to the financing of projects related to environmental infrastructure relating to water pollution, wastewater treatment, water conservation, municipal solid waste, stormwater drainage, non-point pollution, and related matters.

(b)

Charter Defined.— In this section, the term “Charter” means the Agreement Concerning the Establishment of a Border Environment Cooperation Commission and a North American Development Bank, signed at Washington and Mexico November 16 and 18, 1993, and entered into force January 1, 1994 (TIAS 12516), between the United States and Mexico.

SEC. 833. Efficiencies and Streamlining.

The Secretary of the Treasury should direct the representatives of the United States to the Board of Directors of the North American Development Bank to use the voice and vote of the United States to seek to require the Bank to develop and implement efficiency improvements to streamline and accelerate the project certification and financing process, including through initiatives such as single certifications for revolving facilities, programmatic certification of similar groups of small projects, expansion of internal authority to approve qualified projects below certain monetary thresholds, and expedited certification for public sector projects subject to lender bidding processes.

SEC. 834. Performance Measures.

(a)

In General.— The Secretary of the Treasury should direct the representatives of the United States to the Board of Directors of the North American Development Bank to use the voice and vote of the United States to seek to require the Bank to develop performance measures that—

(1)

demonstrate how projects and financing approved by the Bank are meeting the Bank’s mission and providing added value to the region near the international land border between the United States and Mexico; and

(2)

are reviewed and updated not less frequently than annually.

(b)

Report to Congress.— The Secretary of the Treasury shall submit to Congress, with the submission to Congress of the budget of the President for a fiscal year under section 1105(a) of title 31, United States Code, a report on progress in imposing the performance measures described in subsection (a) of this section.

Title VIII — Environment Monitoring and Enforcement