[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4794 Received in Senate (RDS)]

  2d Session
                                H. R. 4794


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            October 7, 2004

                                Received

_______________________________________________________________________

                                 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''.

            Passed the House of Representatives October 6 (legislative 
      day, October 7), 2004.

            Attest:

                                                 JEFF TRANDAHL,

                                                                 Clerk.