[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4794 Enrolled Bill (ENR)]

        H.R.4794

                       One Hundred Eighth Congress

                                 of the

                        United States of America


                          AT THE SECOND SESSION

          Begun and held at the City of Washington on Tuesday,
           the twentieth day of January, two thousand and four


                                 An Act


 
 To amend the Tijuana River Valley Estuary and Beach Sewage Cleanup Act 
  of 2000 to extend the authorization of appropriations, and for other 
                                purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. ACTIONS TO BE TAKEN.

    (a) Secondary Treatment.--Section 804(a)(1) of the Tijuana River 
Valley Estuary and Beach Sewage Cleanup Act of 2000 (22 U.S.C. 277d-
44(a)(1); 114 Stat. 1978) is amended by striking ``Subject to'' and all 
that follows through ``of this Act,'' and inserting ``Pursuant to 
Treaty Minute 311 to the Treaty for the Utilization of Waters of the 
Colorado and Tijuana Rivers and of the Rio Grande, dated February 3, 
1944,''.
    (b) Contract.--Section 804(c) of such Act is amended as follows:
        (1) By striking paragraph (1) and inserting the following:
        ``(1) In general.--Notwithstanding any provision of Federal 
    procurement law, the Commission may enter into a multiyear fee-for-
    services contract with the owner of a Mexican facility in order to 
    carry out the secondary treatment requirements of subsection (a) 
    and make payments under such contract, subject to the availability 
    of appropriations and subject to the terms of paragraph (2).''.
        (2) In paragraph (2)(I) by striking ``, with such annual 
    payment'' and all that follows through the period at the end and 
    inserting ``, including costs associated with the purchase of any 
    insurance or other financial instrument under subparagraph (K). 
    Costs associated with the purchase of such insurance or other 
    financial instrument may be amortized over the term of the 
    contract.''.
        (3) In paragraph (2) by redesignating subparagraphs (J) through 
    (P) as subparagraphs (L) through (R), respectively, and by 
    inserting after subparagraph (I) the following:
            ``(J) Neither the Commission nor the United States 
        Government shall be liable for payment of any cancellation fees 
        if the Commission cancels the contract.
            ``(K) The owner of the Mexican facility may purchase 
        insurance or other financial instrument to cover the risk of 
        cancellation of the contract by the Commission. Any such 
        insurance or other financial instrument shall not be provided 
        or guaranteed by the United States Government, and the 
        Government may reserve the right to validate independently the 
        reasonableness of the premium when negotiating the annual 
        service fee with the owner.''.
        (4) By striking paragraphs (2)(L) and (2)(M) (as redesignated 
    by paragraph (3) of this subsection) and inserting the following:
            ``(L) Transfer of ownership of the Mexican facility to an 
        appropriate governmental entity, other than the United States, 
        if the Commission cancels the contract.
            ``(M) Transfer of ownership of the Mexican facility to an 
        appropriate governmental entity, other than the United States, 
        if the owner of the Mexican facility fails to perform under the 
        contract.''.
        (5) In paragraph (2)(N) (as redesignated by paragraph (3) of 
    this subsection) by inserting after ``competitive procedures'' the 
    following: ``under applicable law''.

SEC. 2. IMPLEMENTATION OF NEW TREATY MINUTE.

    Section 805 of the Tijuana River Valley Estuary and Beach Sewage 
Cleanup Act of 2000 (22 U.S.C. 277d-45; 114 Stat. 1980) is amended--
        (1) in the section heading striking ``negotiation of''; and
        (2) by adding at the end the following:
    ``(c) Implementation.--In light of the continuing threat to the 
environment and to public health and safety within the United States as 
a result of the river and ocean pollution in the San Diego-Tijuana 
border region, the Commission is requested to give the highest priority 
to the implementation of Treaty Minute 311 to the Treaty for the 
Utilization of Waters of the Colorado and Tijuana Rivers and of the Rio 
Grande, dated February 3, 1944, which establishes a framework for the 
siting of a treatment facility in Mexico to provide for the secondary 
treatment of effluent from the IWTP at the Mexican facility, to provide 
for additional capacity for advanced primary and secondary treatment of 
additional sewage emanating from the Tijuana River area, Mexico, and to 
meet the water quality standards of Mexico, the United States, and the 
State of California consistent with the provisions of this title, in 
order that the other provisions of this title to address such pollution 
may be implemented as soon as possible.''.

SEC. 3. AUTHORIZATION OF APPROPRIATIONS.

    Section 806 of the Tijuana River Valley Estuary and Beach Sewage 
Cleanup Act of 2000 (22 U.S.C. 277d-46; 114 Stat. 1981) is amended by 
striking ``a total of $156,000,000 for fiscal years 2001 through 2005'' 
and inserting ``such sums as may be necessary''.

                               Speaker of the House of Representatives.

                            Vice President of the United States and    
                                               President of the Senate.