H.R. 4794House108th Congress (2003-2005)Enacted

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

Introduced July 9, 2004

Legislative Activity

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21 earlier actions
Became Law Latest Action

Became Public Law No: 108-425.

November 30, 2004

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HouseIntro Referral

Introduced in House

July 9, 2004

HouseIntro Referral

Referred to the Committee on Transportation and Infrastructure, and in addition to the Committee on International Relations, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.

July 9, 2004

HouseCommittee

Referred to the Subcommittee on Water Resources and Environment.

July 12, 2004

HouseCommittee

Subcommittee Consideration and Mark-up Session Held.

July 15, 2004

HouseCommittee

Forwarded by Subcommittee to Full Committee by Voice Vote.

July 15, 2004

HouseCommittee

Committee Consideration and Mark-up Session Held.

July 21, 2004

HouseCommittee

Ordered to be Reported by Voice Vote.

July 21, 2004

HouseCommittee

Reported by the Committee on Transportation. H. Rept. 108-688, Part I.

September 15, 2004

HouseIntro Referral

House Committee on International Relations Granted an extension for further consideration ending not later than Oct. 1, 2004.

September 15, 2004

HouseIntro Referral

House Committee on International Relations Granted an extension for further consideration ending not later than Nov. 19, 2004.

October 1, 2004

HouseFloor

Mr. LaTourette moved to suspend the rules and pass the bill, as amended.

October 7, 2004 • 12:53 AM

HouseFloor

Considered under suspension of the rules. (consideration: CR H8338-8340)

October 7, 2004 • 12:54 AM

HouseFloor

DEBATE - The House proceeded with forty minutes of debate on H.R. 4794.

October 7, 2004 • 12:54 AM

HouseFloor

Passed/agreed to in House: On motion to suspend the rules and pass the bill, as amended Agreed to by voice vote.(text: CR H8338)

October 7, 2004 • 1:00 AM

HouseFloor

On motion to suspend the rules and pass the bill, as amended Agreed to by voice vote. (text: CR H8338)

October 7, 2004 • 1:00 AM

HouseFloor

Motion to reconsider laid on the table Agreed to without objection.

October 7, 2004 • 1:00 AM

SenateIntro Referral

Received in the Senate, read twice.

October 7, 2004

SenateFloor

Passed Senate without amendment by Unanimous Consent. (consideration: CR S11390)

November 16, 2004

SenateFloor

Message on Senate action sent to the House.

November 16, 2004

President

Presented to President.

November 19, 2004

Became Law

Signed by President.

November 30, 2004

Became Law

Became Public Law No: 108-425.

November 30, 2004

Floor Debate

8 members

What members said about H.R. 4794 on the floor

4 Republicans4 Democrats
Duncan Hunter
Rep. Duncan HunterR-CA-52 · Oct 6, 2004

Mr. Speaker, I want to thank the gentleman from Ohio (Mr. LaTourette) and the gentleman from Illinois (Mr. Costello) for managing this bill. I think they have described it very well, the problem that…

Susan A. Davis
Rep. Susan A. DavisD-CA-53 · Oct 6, 2004

Mr. Speaker, I rise in strong support of H.R. 4794, which will amend the Tijuana River Valley Estuary and Beach Sewage Cleanup Act of 2000 to bring it up to date to include the International Boundary…

Steven C. LaTourette
Rep. Steven C. LaTouretteR-OH-14 · Oct 6, 2004

Mr. Speaker, I move to suspend the rules and pass the bill (H.R. 4794) to amend the Tijuana River Valley Estuary and Beach Sewage Cleanup Act of 2000 to extend the authorization of appropriations,…

Randy (Duke) Cunningham
Rep. Randy (Duke) CunninghamR-CA-50 · Oct 6, 2004

Mr. Speaker, in 2002, the City of San Diego declared a local emergency regarding the flow of sewage across the border from Tijuana to San Diego. It is estimated that 70 million gallons per day of…

Jerry F. Costello
Rep. Jerry F. CostelloD-IL-12 · Oct 6, 2004

Mr. Speaker, I yield myself such time as I may consume. Mr. Speaker, I rise in strong support of H.R. 4794. This critical bipartisan bill would reauthorize and update legislation to address the…

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Bob Filner
Rep. Bob FilnerD-CA-51 · Oct 6, 2004

Mr. Speaker, I rise in strong support of H.R. 4794, the bipartisan bill to amend the Tijuana River Valley Estuary and Beach Sewage Cleanup Act of 2000. The House and Senate passed this bill four…

James L. Oberstar
Rep. James L. OberstarD-MN-8 · Oct 6, 2004

Mr. Speaker, I rise in strong support of H.R. 4794. The bill amends legislation enacted in 2000 to address the continuing problem of untreated or partially treated sewage that migrates across the…

William H. Frist
Sen. William H. FristR-TN · Nov 16, 2004

Mr. President, I ask unanimous consent that the Senate proceed to the immediate consideration of H.R. 4794, received from the House. Mr. President, I ask unanimous consent that the bill be read three…

Steven C. LaTourette
Rep. Steven C. LaTouretteR-OH-14 · Oct 6, 2004

Mr. Speaker, I ask unanimous consent that all Members have 5 legislative days within which to revise and extend their remarks and include extraneous material on H.R. 4470, H.R. 4794, H.R. 5163, and

Bill Text

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Enrolled BillPublication date not provided
        [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.