II 115th CONGRESS 1st Session S. 551 IN THE SENATE OF THE UNITED STATES March 7, 2017 Mr. McCain (for himself and Mr. Flake ) introduced the following bill; which was read twice and referred to the Committee on Foreign Relations A BILL To establish responsibility for the International Outfall Interceptor.

1. Short title This Act may be cited as the Nogales Wastewater Fairness Act . 2. International outfall interceptor repair, operations, and maintenance (a) Definitions In this section: (1) Agreement The term Agreement means the memorandum of agreement between the United States Section of the International Boundary and Water Commission and the City of Nogales, Arizona, dated January 20, 2006. (2) City The term City means the City of Nogales, Arizona. (3) Nogales sanitation project The term Nogales sanitation project means the project owned by the City and the United States Section of the International Boundary and Water Commission and includes— (A) the International Outfall Interceptor (IOI) and the trunkline; and (B) the Nogales International Wastewater Treatment Plant (NIWTP). (b) Sense of Congress It is the sense of Congress that, pursuant to the Act of July 27, 1953 ( 22 U.S.C. 277d–10 et seq.), and notwithstanding the Agreement, an equitable proportion of the costs of operation and maintenance of the Nogales sanitation project to be contributed by the City should be based on the average daily volume of wastewater originating from the City. (c) Capital costs excluded Pursuant to the Agreement and the Act of July 27, 1953 ( 22 U.S.C. 277d–10 et seq.), the City shall have no obligation to contribute to any capital costs of repairing or upgrading the Nogales sanitation project. (d) Overcharges Notwithstanding the Agreement, the United States Section of the International Boundary and Water Commission shall not charge the City after the date of enactment of this Act for operations and maintenance costs in excess of an equitable proportion of the costs, as described in subsection (b).