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 provi-
sion 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 con-
tract, 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 as-
sociated 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 subpara-
graphs (J) through (P) as subparagraphs (L)
through (R), respectively, and by inserting after sub-
paragraph (I) the following:
‘‘(J) Neither the Commission nor the
United States Government shall be liable for
payment of any cancellation fees if the Commis-
sion cancels the contract.
‘‘(K) The owner of the Mexican facility
may purchase insurance or other financial in-
strument to cover the risk of cancellation of the
contract by the Commission. Any such insur-
ance 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 reason-
ableness 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 sub-
section) and inserting the following:
‘‘(L) Transfer of ownership of the Mexican
facility to an appropriate governmental entity,
other than the United States, if the Commis-
sion 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 ap-
plicable 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 ‘‘NEGOTIA-
TION 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