II 
108TH CONGRESS 
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 Sew-
age Cleanup Act of 2000 to extend the authorization 
of appropriations, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
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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
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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:
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‘‘(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
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implementation of Treaty Minute 311 to the Treaty for 
the Utilization of Waters of the Colorado and Tijuana Riv-
ers and of the Rio Grande, dated February 3, 1944, which 
establishes a framework for the siting of a treatment facil-
ity 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 sec-
ondary 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 (leg-
islative day, October 7), 2004. 
Attest: 
JEFF TRANDAHL, 
Clerk.