118 STAT. 2420 PUBLIC LAW 108–425—NOV. 30, 2004 Public Law 108–425 108th Congress 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 ‘‘Sub ject 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 fol lows: (1) By striking paragraph (1) and inserting the following: ‘‘(1) IN GENERAL.—Notwithstanding any provision of Fed eral 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 require ments 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 associated with the purchase of any insurance or other financial instrument under subpara graph (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.’’. Mexico. Nov. 30, 2004 [H.R. 4794]
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