I 

113TH CONGRESS 

1ST SESSION H. R. 1877 

To amend the Federal Water Pollution Control Act to authorize appropriations for State water pollution control revolving funds, and for other 

purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MAY 8, 2013 

Mr. BISHOP of New York (for himself, Mr. RAHALL, Mr. YOUNG of Alaska, 

Ms. NORTON, Mr. KING of New York, Ms. ESTY, Mrs. NAPOLITANO, Ms. 

EDDIE BERNICE JOHNSON of Texas, Mr. GARAMENDI, Mr. CUMMINGS, 

Mr. NADLER, Mr. CAPUANO, Ms. BROWN of Florida, Mr. LARSEN of 

Washington, Mr. MICHAUD, Ms. EDWARDS, Ms. FRANKEL of Florida, 

Mr. DEFAZIO, Mr. NOLAN, Mrs. KIRKPATRICK, Mr. SEAN PATRICK

MALONEY of New York, Mr. COHEN, Mr. SIRES, Ms. HAHN, Mr. LIPINSKI, Ms. TITUS, Mr. WALZ, and Mrs. BUSTOS) introduced the following 

bill; which was referred to the Committee on Transportation and Infrastructure, and in addition to the Committee on Ways and Means, 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 

A BILL 

To amend the Federal Water Pollution Control Act to authorize appropriations for State water pollution control 

revolving funds, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 


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1 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

2 (a) IN GENERAL.—This Act may be cited as the 

3 ‘‘Water Quality Protection and Job Creation Act of 

4 2013’’. 

5 (b) TABLE OF CONTENTS.— 

Sec. 1. Short title; table of contents. 

Sec. 2. Amendment of Federal Water Pollution Control Act. 

TITLE I—WATER QUALITY FINANCING 

Subtitle A—Technical and Management Assistance 

Sec. 1101. Technical assistance. 

Sec. 1102. State management assistance. 

Sec. 1103. Watershed pilot projects. 

Subtitle B—Construction of Treatment Works 

Sec. 1201. Sewage collection systems. 

Sec. 1202. Treatment works defined. 

Subtitle C—State Water Pollution Control Revolving Funds 

Sec. 1301. General authority for capitalization grants. 

Sec. 1302. Capitalization grant agreements. 

Sec. 1303. Water pollution control revolving loan funds. 

Sec. 1304. Allotment of funds. 

Sec. 1305. Intended use plan. 

Sec. 1306. Annual reports. 

Sec. 1307. Technical assistance; requirements for use of American materials. 

Sec. 1308. Economic hardship waiver. 

Sec. 1309. Authorization of appropriations. 

Subtitle D—General Provisions 

Sec. 1401. Definition of treatment works. 

Sec. 1402. Funding for Indian programs. 

Subtitle E—Tonnage Duties 

Sec. 1501. Tonnage duties. 

TITLE II—ALTERNATIVE WATER SOURCE PROJECTS 

Sec. 2001. Pilot program for alternative water source projects. 

TITLE III—SEWER OVERFLOW CONTROL GRANTS 

Sec. 3001. Sewer overflow control grants. 

TITLE IV—CLEAN WATER TRUST FUND 

Sec. 4001. Establishment of Clean Water Trust Fund. 

Sec. 4002. Allocation of funds. 


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Sec. 4003. Revenues for Clean Water Trust Fund. 

TITLE V—WATER POLLUTION CONTROL INVESTMENT 

Sec. 5001. Short title. 

Sec. 5002. Definitions. 

Sec. 5003. Direct loans. 

Sec. 5004. Guarantees. 

1 SEC. 2. AMENDMENT OF FEDERAL WATER POLLUTION CON2 TROL ACT. 

3 Except as otherwise expressly provided, whenever in 

4 this Act an amendment or repeal is expressed in terms 

5 of an amendment to, or repeal of, a section or other provi6 sion, the reference shall be considered to be made to a 

7 section or other provision of the Federal Water Pollution 

8 Control Act (33 U.S.C. 1251 et seq.). 

9 TITLE I—WATER QUALITY 

10 FINANCING 

11 Subtitle A—Technical and 

12 Management Assistance 

13 SEC. 1101. TECHNICAL ASSISTANCE. 

14 (a) TECHNICAL ASSISTANCE FOR RURAL AND SMALL

15 TREATMENT WORKS.—Section 104(b) (33 U.S.C. 

16 1254(b)) is amended— 

17 (1) by striking ‘‘and’’ at the end of paragraph 

18 (6); 

19 (2) by striking the period at the end of para20 graph (7) and inserting ‘‘; and’’; and 

21 (3) by adding at the end the following: 

22 ‘‘(8) make grants to nonprofit organizations— 


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1 ‘‘(A) to provide technical assistance to 

2 rural and small municipalities and tribal gov3 ernments for the purpose of assisting, in con4 sultation with the State in which the assistance 

5 is provided, such municipalities and tribal gov6 ernments in the planning, developing, and ac7 quisition of financing for eligible projects de8 scribed in section 603(c); 

9 ‘‘(B) to provide technical assistance and 

10 training for rural, small, and tribal publicly 

11 owned treatment works and decentralized 

12 wastewater treatment systems to enable such 

13 treatment works and systems to protect water 

14 quality and achieve and maintain compliance 

15 with the requirements of this Act; and 

16 ‘‘(C) to disseminate information to rural, 

17 small, and tribal municipalities and municipali18 ties that meet the affordability criteria estab19 lished under section 603(i)(2) by the State in 

20 which the municipality is located with respect to 

21 planning, design, construction, and operation of 

22 publicly owned treatment works and decentral23 ized wastewater treatment systems.’’. 

24 (b) AUTHORIZATION OF APPROPRIATIONS.—Section 

25 104(u) (33 U.S.C. 1254(u)) is amended— 


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1 (1) by striking ‘‘and (6)’’ and inserting ‘‘(6)’’; 

2 and 

3 (2) by inserting before the period at the end the 

4 following: ‘‘; and (7) not to exceed $100,000,000 for 

5 each of fiscal years 2014 through 2018 for carrying 

6 out subsections (b)(3), (b)(8), and (g), except that 

7 not less than 20 percent of the amounts appro8 priated pursuant to this paragraph in a fiscal year 

9 shall be used for carrying out subsection (b)(8)’’. 

10 (c) SMALL FLOWS CLEARINGHOUSE.—Section 

11 104(q)(4) (33 U.S.C. 1254(q)(4)) is amended— 

12 (1) in the first sentence by striking 

13 ‘‘$1,000,000’’ and inserting ‘‘$3,000,000’’; and 

14 (2) in the second sentence by striking ‘‘1986’’ 

15 and inserting ‘‘2018’’. 

16 SEC. 1102. STATE MANAGEMENT ASSISTANCE. 

17 (a) AUTHORIZATION OF APPROPRIATIONS.—Section 

18 106(a) (33 U.S.C. 1256(a)) is amended— 

19 (1) by striking ‘‘and’’ at the end of paragraph 

20 (1); 

21 (2) by striking the semicolon at the end of 

22 paragraph (2) and inserting ‘‘; and’’; and 

23 (3) by inserting after paragraph (2) the fol24 lowing: 


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1 ‘‘(3) such sums as may be necessary for each 

2 of fiscal years 1991 through 2013, and 

3 $300,000,000 for each of fiscal years 2014 through 

4 2018;’’. 

5 (b) TECHNICAL AMENDMENT.—Section 106(e) (33 

6 U.S.C. 1256(e)) is amended by striking ‘‘Beginning in fis7 cal year 1974 the’’ and inserting ‘‘The’’. 

8 SEC. 1103. WATERSHED PILOT PROJECTS. 

9 (a) PILOT PROJECTS.—Section 122 (33 U.S.C. 

10 1274) is amended— 

11 (1) in the section heading by striking ‘‘WET

12 WEATHER’’; and 

13 (2) in subsection (a)— 

14 (A) in the matter preceding paragraph 

15 (1)— 

16 (i) by striking ‘‘for treatment works’’ 

17 and inserting ‘‘to a municipality or munic18 ipal entity’’; and 

19 (ii) by striking ‘‘of wet weather dis20 charge control’’; 

21 (B) in paragraph (2) by striking ‘‘in reduc22 ing such pollutants’’ and all that follows before 

23 the period at the end and inserting ‘‘to manage, 

24 reduce, treat, or reuse municipal stormwater, 

25 including low-impact development technologies 


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1 and other techniques that utilize infiltration, 

2 evapotranspiration, and reuse of storm water on 

3 site’’; and 

4 (C) by adding at the end the following: 

5 ‘‘(3) WATERSHED PARTNERSHIPS.—Efforts of 

6 municipalities and property owners to demonstrate 

7 cooperative ways to address nonpoint sources of pol8 lution to reduce adverse impacts on water quality. 

9 ‘‘(4) INTEGRATED WATER RESOURCE PLAN.— 

10 The development of an integrated water resource 

11 plan for the coordinated management and protection 

12 of surface water, ground water, and stormwater re13 sources on a watershed or subwatershed basis to 

14 meet the objectives, goals, and policies of this Act. 

15 ‘‘(5) MUNICIPALITY-WIDE STORM WATER MAN16 AGEMENT PLANNING.—The development of a mu17 nicipality-wide plan that identifies the most effective 

18 placement of storm water technologies and manage19 ment approaches, including green infrastructure, to 

20 reduce water quality impairments from storm water 

21 on a municipality-wide basis. 

22 ‘‘(6) INCREASED RESILIENCE OF TREATMENT

23 WORKS.—Efforts to assess future risks and 

24 vulnerabilities of publicly owned treatment works to 

25 man-made or natural disasters, including extreme 


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1 weather events and sea-level rise, and to carry out 

2 measures, on a system-wide or area-wide basis, to 

3 increase the resiliency of publicly owned treatment 

4 works.’’. 

5 (b) AUTHORIZATION OF APPROPRIATIONS.—The first 

6 sentence of section 122(c)(1) is amended— 

7 (1) by striking ‘‘and’’; and 

8 (2) by striking the period and inserting ‘‘, such 

9 sums as may be necessary for each of fiscal years 

10 2005 through 2013, and $120,000,000 for each of 

11 fiscal years 2014 through 2018’’. 

12 (c) REPORT TO CONGRESS.—Section 122(d) is 

13 amended by striking ‘‘5 years after the date of enactment 

14 of this section,’’ and inserting ‘‘October 1, 2015,’’. 

15 Subtitle B—Construction of 

16 Treatment Works 

17 SEC. 1201. SEWAGE COLLECTION SYSTEMS. 

18 Section 211 (33 U.S.C. 1291) is amended— 

19 (1) by striking the section heading and all that 

20 follows through ‘‘(a) No’’ and inserting the fol21 lowing: 

22 ‘‘SEC. 211. SEWAGE COLLECTION SYSTEMS. 

23 ‘‘(a) IN GENERAL.—No’’; 

24 (2) in subsection (b) by inserting ‘‘POPULATION

25 DENSITY.—’’ after ‘‘(b)’’; and 


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1 (3) by striking subsection (c) and inserting the 

2 following: 

3 ‘‘(c) EXCEPTIONS.— 

4 ‘‘(1) REPLACEMENT AND MAJOR REHABILITA5 TION.—Notwithstanding the requirement of sub6 section (a)(1) concerning the existence of a collection 

7 system as a condition of eligibility, a project for re8 placement or major rehabilitation of a collection sys9 tem existing on January 1, 2007, shall be eligible for 

10 a grant under this title if the project otherwise 

11 meets the requirements of subsection (a)(1) and 

12 meets the requirement of paragraph (3). 

13 ‘‘(2) NEW SYSTEMS.—Notwithstanding the re14 quirement of subsection (a)(2) concerning the exist15 ence of a community as a condition of eligibility, a 

16 project for a new collection system to serve a com17 munity existing on January 1, 2007, shall be eligible 

18 for a grant under this title if the project otherwise 

19 meets the requirements of subsection (a)(2) and 

20 meets the requirement of paragraph (3). 

21 ‘‘(3) REQUIREMENT.—A project meets the re22 quirement of this paragraph if the purpose of the 

23 project is to accomplish the objectives, goals, and 

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1 ronmental condition existing on the date of enact2 ment of this paragraph.’’. 

3 SEC. 1202. TREATMENT WORKS DEFINED. 

4 Section 212(2)(A) (33 U.S.C. 1292(2)(A)) is amend5 ed— 

6 (1) by striking ‘‘any works, including site’’; 

7 (2) by striking ‘‘is used for ultimate’’ and in8 serting ‘‘will be used for ultimate’’; and 

9 (3) by inserting before the period at the end the 

10 following: ‘‘and acquisition of other lands, and inter11 ests in lands, which are necessary for construction’’. 

12 Subtitle C—State Water Pollution 

13 Control Revolving Funds 

14 SEC. 1301. GENERAL AUTHORITY FOR CAPITALIZATION 

15 GRANTS. 

16 Section 601(a) (33 U.S.C. 1381(a)) is amended by 

17 striking ‘‘for providing assistance’’ and all that follows 

18 through the period at the end and inserting the following: 

19 ‘‘to accomplish the objectives, goals, and policies of this 

20 Act by providing assistance for projects and activities 

21 identified in section 603(c).’’. 

22 SEC. 1302. CAPITALIZATION GRANT AGREEMENTS. 

23 (a) REPORTING INFRASTRUCTURE ASSETS.—Section 

24 602(b)(9) (33 U.S.C. 1382(b)(9)) is amended by striking 


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1 ‘‘standards’’ and inserting ‘‘standards, including stand2 ards relating to the reporting of infrastructure assets’’. 

3 (b) ADDITIONAL REQUIREMENTS.—Section 602(b) 

4 (33 U.S.C. 1382(b)) is amended— 

5 (1) in paragraph (6)— 

6 (A) by striking ‘‘before fiscal year 1995’’; 

7 (B) by striking ‘‘funds directly made avail8 able by capitalization grants under this title 

9 and section 205(m) of this Act’’ and inserting 

10 ‘‘assistance made available by a State water 

11 pollution control revolving fund as authorized 

12 under this title, or with assistance made avail13 able under section 205(m), or both,’’; and 

14 (C) by striking ‘‘201(b)’’ and all that fol15 lows through ‘‘513’’ and inserting ‘‘211 and 

16 511(c)(1)’’; 

17 (2) by striking ‘‘and’’ at the end of paragraph 

18 (9); 

19 (3) by striking the period at the end of para20 graph (10) and inserting a semicolon; and 

21 (4) by adding at the end the following: 

22 ‘‘(11) the State will establish, maintain, invest, 

23 and credit the fund with repayments, such that the 

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1 viding financial assistance in accordance with this 

2 title; 

3 ‘‘(12) any fees charged by the State to recipi4 ents of assistance that are considered program in5 come will be used for the purpose of financing the 

6 cost of administering the fund or financing projects 

7 or activities eligible for assistance from the fund; 

8 ‘‘(13) beginning in fiscal year 2014, the State 

9 will include as a condition of providing assistance to 

10 a municipality or intermunicipal, interstate, or State 

11 agency that the recipient of such assistance certify, 

12 in a manner determined by the Governor of the 

13 State, that the recipient— 

14 ‘‘(A) has studied and evaluated the cost 

15 and effectiveness of the processes, materials, 

16 techniques, and technologies for carrying out 

17 the proposed project or activity for which assist18 ance is sought under this title, and has selected, 

19 to the extent practicable, a project or activity 

20 that maximizes the potential for efficient water 

21 use, reuse, and conservation, and energy con22 servation, taking into account the cost of con23 structing the project or activity, the cost of op24 erating and maintaining the project or activity 


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1 over its life, and the cost of replacing the 

2 project or activity; and 

3 ‘‘(B) has considered, to the maximum ex4 tent practicable and as determined appropriate 

5 by the recipient, the costs and effectiveness of 

6 other design, management, and financing ap7 proaches for carrying out a project or activity 

8 for which assistance is sought under this title, 

9 taking into account the cost of constructing the 

10 project or activity, the cost of operating and 

11 maintaining the project or activity over its life, 

12 and the cost of replacing the project or activity; 

13 ‘‘(14) the State will use at least 15 percent of 

14 the amount of each capitalization grant received by 

15 the State under this title after September 30, 2014, 

16 to provide assistance to municipalities of fewer than 

17 10,000 individuals that meet the affordability cri18 teria established by the State under section 

19 603(i)(2) for projects or activities included on the 

20 State’s priority list established under section 603(g), 

21 to the extent that there are sufficient applications 

22 for such assistance; 

23 ‘‘(15) a contract to be carried out using funds 

24 directly made available by a capitalization grant 

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1 tion management, feasibility studies, preliminary en2 gineering, design, engineering, surveying, mapping, 

3 or architectural related services shall be negotiated 

4 in the same manner as a contract for architectural 

5 and engineering services is negotiated under chapter 

6 11 of title 40, United States Code, or an equivalent 

7 State qualifications-based requirement (as deter8 mined by the Governor of the State); and 

9 ‘‘(16) the requirements of section 513 will apply 

10 to the construction of treatment works carried out in 

11 whole or in part with assistance made available by 

12 a State water pollution control revolving fund as au13 thorized under this title, or with assistance made 

14 available under section 205(m), or both, in the same 

15 manner as treatment works for which grants are 

16 made under this Act.’’. 

17 SEC. 1303. WATER POLLUTION CONTROL REVOLVING LOAN 

18 FUNDS. 

19 (a) PROJECTS AND ACTIVITIES ELIGIBLE FOR AS20 SISTANCE.—Section 603(c) (33 U.S.C. 1383(c)) is amend21 ed to read as follows: 

22 ‘‘(c) PROJECTS AND ACTIVITIES ELIGIBLE FOR AS23 SISTANCE.—The amounts of funds available to each State 

24 water pollution control revolving fund shall be used only 

25 for providing financial assistance— 


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1 ‘‘(1) to any municipality or intermunicipal, 

2 interstate, or State agency for construction of pub3 licly owned treatment works; 

4 ‘‘(2) for the implementation of a management 

5 program established under section 319; 

6 ‘‘(3) for development and implementation of a 

7 conservation and management plan under section 

8 320; 

9 ‘‘(4) for repair or replacement of decentralized 

10 wastewater treatment systems that treat domestic 

11 sewage; 

12 ‘‘(5) for measures to manage, reduce, treat, or 

13 reuse municipal stormwater; 

14 ‘‘(6) to any municipality or intermunicipal, 

15 interstate, or State agency for measures to reduce 

16 the demand for publicly owned treatment works ca17 pacity through water conservation, efficiency, or 

18 reuse; 

19 ‘‘(7) for the development and implementation of 

20 watershed projects meeting the criteria set forth in 

21 section 122; and 

22 ‘‘(8) to any municipality or intermunicipal, 

23 interstate, or State agency for measures to reduce 

24 the energy consumption needs for publicly owned 

25 treatment works, including the implementation of 


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1 energy-efficient or renewable-energy generation tech2 nologies.’’. 

3 (b) EXTENDED REPAYMENT PERIOD.—Section 

4 603(d)(1) (33 U.S.C. 1383(d)(1)) is amended— 

5 (1) in subparagraph (A) by striking ‘‘20 years’’ 

6 and inserting ‘‘the lesser of 30 years or the design 

7 life of the project to be financed with the proceeds 

8 of the loan’’; and 

9 (2) in subparagraph (B) by striking ‘‘not later 

10 than 20 years after project completion’’ and insert11 ing ‘‘upon the expiration of the term of the loan’’. 

12 (c) FISCAL SUSTAINABILITY PLAN.—Section 

13 603(d)(1) (33 U.S.C. 1383(d)(1)) is further amended— 

14 (1) by striking ‘‘and’’ at the end of subpara15 graph (C); 

16 (2) by inserting ‘‘and’’ at the end of subpara17 graph (D); and 

18 (3) by adding at the end the following: 

19 ‘‘(E) for any portion of a treatment works 

20 proposed for repair, replacement, or expansion, 

21 and eligible for assistance under section 

22 603(c)(1), the recipient of a loan will develop 

23 and implement a fiscal sustainability plan that 

24 includes— 


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1 ‘‘(i) an inventory of critical assets 

2 that are a part of that portion of the treat3 ment works; 

4 ‘‘(ii) an evaluation of the condition 

5 and performance of inventoried assets or 

6 asset groupings; 

7 ‘‘(iii) a certification that the recipient 

8 has evaluated and will be implementing 

9 water and energy conservation efforts as 

10 part of the plan; and 

11 ‘‘(iv) a plan for maintaining, repair12 ing, and, as necessary, replacing that por13 tion of the treatment works and a plan for 

14 funding such activities;’’. 

15 (d) ADMINISTRATIVE EXPENSES.—Section 603(d)(7) 

16 (33 U.S.C. 1383(d)(7)) is amended by inserting before the 

17 period at the end the following: ‘‘, $400,000 per year, or 

1 18 ⁄5 percent per year of the current valuation of the fund, 

19 whichever amount is greatest, plus the amount of any fees 

20 collected by the State for such purpose regardless of the 

21 source’’. 

22 (e) TECHNICAL AND PLANNING ASSISTANCE FOR

23 SMALL SYSTEMS.—Section 603(d) (33 U.S.C. 1383(d)) is 

24 amended— 


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1 (1) by striking ‘‘and’’ at the end of paragraph 

2 (6); 

3 (2) by striking the period at the end of para4 graph (7) and inserting a semicolon; and 

5 (3) by adding at the end the following: 

6 ‘‘(8) to provide grants to owners and operators 

7 of treatment works that serve a population of 

8 10,000 or fewer for obtaining technical and planning 

9 assistance and assistance in financial management, 

10 user fee analysis, budgeting, capital improvement 

11 planning, facility operation and maintenance, equip12 ment replacement, repair schedules, and other activi13 ties to improve wastewater treatment plant manage14 ment and operations, except that the total amount 

15 provided by the State in grants under this para16 graph for a fiscal year may not exceed one percent 

17 of the total amount of assistance provided by the 

18 State from the fund in the preceding fiscal year, or 

19 2 percent of the total amount received by the State 

20 in capitalization grants under this title in the pre21 ceding fiscal year, whichever amount is greatest; and 

22 ‘‘(9) to provide grants to owners and operators 

23 of treatment works for conducting an assessment of 

24 the energy and water consumption of the treatment 

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1 ergy and water conservation through facility oper2 ation and maintenance, equipment replacement, and 

3 projects or activities that promote the efficient use 

4 of energy and water by the treatment works, except 

5 that the total amount provided by the State in 

6 grants under this paragraph for a fiscal year may 

7 not exceed one percent of the total amount of assist8 ance provided by the State from the fund in the pre9 ceding fiscal year, or 2 percent of the total amount 

10 received by the State in capitalization grants under 

11 this title in the preceding fiscal year, whichever 

12 amount is greatest.’’. 

13 (f) ADDITIONAL SUBSIDIZATION.—Section 603 (33 

14 U.S.C. 1383) is amended by adding at the end the fol15 lowing: 

16 ‘‘(i) ADDITIONAL SUBSIDIZATION.— 

17 ‘‘(1) IN GENERAL.—In any case in which a 

18 State provides assistance to a municipality or inter19 municipal, interstate, or State agency under sub20 section (d), the State may provide additional sub21 sidization, including forgiveness of principal and 

22 negative interest loans— 

23 ‘‘(A) to benefit a municipality that— 


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1 ‘‘(i) meets the State’s affordability 

2 criteria established under paragraph (2); 

3 or 

4 ‘‘(ii) does not meet the State’s afford5 ability criteria if the recipient— 

6 ‘‘(I) seeks additional subsidiza7 tion to benefit individual ratepayers in 

8 the residential user rate class; 

9 ‘‘(II) demonstrates to the State 

10 that such ratepayers will experience a 

11 significant hardship from the increase 

12 in rates necessary to finance the 

13 project or activity for which assistance 

14 is sought; and 

15 ‘‘(III) ensures, as part of an as16 sistance agreement between the State 

17 and the recipient, that the additional 

18 subsidization provided under this 

19 paragraph is directed through a user 

20 charge rate system (or other appro21 priate method) to such ratepayers; or 

22 ‘‘(B) to implement a process, material, 

23 technique, or technology to address water-effi24 ciency goals, address energy-efficiency goals, 

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1 ronmentally sustainable project planning, de2 sign, and construction. 

3 ‘‘(2) AFFORDABILITY CRITERIA.— 

4 ‘‘(A) ESTABLISHMENT.—On or before Sep5 tember 30, 2014, and after providing notice 

6 and an opportunity for public comment, a State 

7 shall establish affordability criteria to assist in 

8 identifying municipalities that would experience 

9 a significant hardship raising the revenue nec10 essary to finance a project or activity eligible 

11 for assistance under section 603(c)(1) if addi12 tional subsidization is not provided. Such cri13 teria shall be based on income data, population 

14 trends, and other data determined relevant by 

15 the State, including whether the project or ac16 tivity is to be carried out in an economically 

17 distressed area, as described in section 301 of 

18 the Public Works and Economic Development 

19 Act of 1965 (42 U.S.C. 3161). 

20 ‘‘(B) EXISTING CRITERIA.—If a State has 

21 previously established, after providing notice 

22 and an opportunity for public comment, afford23 ability criteria that meet the requirements of 

24 subparagraph (A), the State may use the cri25 teria for the purposes of this subsection. For 


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1 purposes of this Act, any such criteria shall be 

2 treated as affordability criteria established 

3 under this paragraph. 

4 ‘‘(C) INFORMATION TO ASSIST STATES.— 

5 The Administrator may publish information to 

6 assist States in establishing affordability cri7 teria under subparagraph (A). 

8 ‘‘(3) PRIORITY.—A State may give priority to a 

9 recipient for a project or activity eligible for funding 

10 under section 603(c)(1) if the recipient meets the 

11 State’s affordability criteria. 

12 ‘‘(4) SET-ASIDE.— 

13 ‘‘(A) IN GENERAL.—In any fiscal year in 

14 which the Administrator has available for obli15 gation more than $1,000,000,000 for the pur16 poses of this title, a State shall provide addi17 tional subsidization under this subsection in the 

18 amount specified in subparagraph (B) to eligi19 ble entities described in paragraph (1) for 

20 projects and activities identified in the State’s 

21 intended use plan prepared under section 

22 606(c) to the extent that there are sufficient 

23 applications for such assistance. 

24 ‘‘(B) AMOUNT.—In a fiscal year described 

25 in subparagraph (A), a State shall set aside for 


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1 purposes of subparagraph (A) an amount not 

2 less than 25 percent of the difference be3 tween— 

4 ‘‘(i) the total amount that would have 

5 been allotted to the State under section 

6 604 for such fiscal year if the amount 

7 available to the Administrator for obliga8 tion under this title for such fiscal year 

9 had been equal to $1,000,000,000; and 

10 ‘‘(ii) the total amount allotted to the 

11 State under section 604 for such fiscal 

12 year. 

13 ‘‘(5) LIMITATION.—The total amount of addi14 tional subsidization provided under this subsection 

15 by a State may not exceed 30 percent of the total 

16 amount of capitalization grants received by the State 

17 under this title in fiscal years beginning after Sep18 tember 30, 2013.’’. 

19 SEC. 1304. ALLOTMENT OF FUNDS. 

20 (a) IN GENERAL.—Section 604(a) (33 U.S.C. 

21 1384(a)) is amended to read as follows: 

22 ‘‘(a) ALLOTMENTS.— 

23 ‘‘(1) FISCAL YEARS 2014 AND 2015.—Sums ap24 propriated to carry out this title for each of fiscal 

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1 istrator in accordance with the formula used to allot 

2 sums appropriated to carry out this title for fiscal 

3 year 2013. 

4 ‘‘(2) FISCAL YEAR 2016 AND THEREAFTER.— 

5 Sums appropriated to carry out this title for fiscal 

6 year 2016 and each fiscal year thereafter shall be al7 lotted by the Administrator as follows: 

8 ‘‘(A) Amounts that do not exceed 

9 $1,350,000,000 shall be allotted in accordance 

10 with the formula described in paragraph (1). 

11 ‘‘(B) Amounts that exceed $1,350,000,000 

12 shall be allotted in accordance with the formula 

13 developed by the Administrator under sub14 section (d).’’. 

15 (b) PLANNING ASSISTANCE.—Section 604(b) (33 

16 U.S.C. 1384(b)) is amended by striking ‘‘1 percent’’ and 

17 inserting ‘‘2 percent’’. 

18 (c) FORMULA.—Section 604 (33 U.S.C. 1384) is 

19 amended by adding at the end the following: 

20 ‘‘(d) FORMULA BASED ON WATER QUALITY

21 NEEDS.—Not later than September 30, 2015, and after 

22 providing notice and an opportunity for public comment, 

23 the Administrator shall publish an allotment formula 

24 based on water quality needs in accordance with the most 

25 recent survey of needs developed by the Administrator 


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1 under section 516(b) and any other information the Ad2 ministrator considers appropriate.’’. 

3 SEC. 1305. INTENDED USE PLAN. 

4 (a) INTEGRATED PRIORITY LIST.—Section 603(g) 

5 (33 U.S.C. 1383(g)) is amended to read as follows: 

6 ‘‘(g) PRIORITY LIST.— 

7 ‘‘(1) IN GENERAL.—For fiscal year 2015 and 

8 each fiscal year thereafter, a State shall establish or 

9 update a list of projects and activities for which as10 sistance is sought from the State’s water pollution 

11 control revolving fund. Such projects and activities 

12 shall be listed in priority order based on the method13 ology established under paragraph (2). The State 

14 may provide financial assistance from the State’s 

15 water pollution control revolving fund only with re16 spect to a project or activity included on such list. 

17 In the case of projects and activities eligible for as18 sistance under section 603(c)(2), the State may in19 clude a category or subcategory of nonpoint sources 

20 of pollution on such list in lieu of a specific project 

21 or activity. 

22 ‘‘(2) METHODOLOGY.— 

23 ‘‘(A) IN GENERAL.—Not later than 1 year 

24 after the date of enactment of this paragraph, 

25 and after providing notice and opportunity for 


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1 public comment, each State (acting through the 

2 State’s water quality management agency and 

3 other appropriate agencies of the State) shall 

4 establish a methodology for developing a pri5 ority list under paragraph (1). 

6 ‘‘(B) PRIORITY FOR PROJECTS AND AC7 TIVITIES THAT ACHIEVE GREATEST WATER

8 QUALITY IMPROVEMENT.—In developing the 

9 methodology, the State shall seek to achieve the 

10 greatest degree of water quality improvement, 

11 taking into consideration the requirements of 

12 section 602(b)(5) and section 603(i)(3), wheth13 er such water quality improvements would be 

14 realized without assistance under this title, and 

15 whether the proposed projects and activities 

16 would address water quality impairments asso17 ciated with existing treatment works. 

18 ‘‘(C) CONSIDERATIONS IN SELECTING

19 PROJECTS AND ACTIVITIES.—In determining 

20 which projects and activities will achieve the 

21 greatest degree of water quality improvement, 

22 the State shall consider— 

23 ‘‘(i) information developed by the 

24 State under sections 303(d) and 305(b); 


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1 ‘‘(ii) the State’s continuing planning 

2 process developed under section 303(e); 

3 ‘‘(iii) the State’s management pro4 gram developed under section 319; and 

5 ‘‘(iv) conservation and management 

6 plans developed under section 320. 

7 ‘‘(D) NONPOINT SOURCES.—For categories 

8 or subcategories of nonpoint sources of pollu9 tion that a State may include on its priority list 

10 under paragraph (1), the State shall consider 

11 the cumulative water quality improvements as12 sociated with projects or activities in such cat13 egories or subcategories. 

14 ‘‘(E) EXISTING METHODOLOGIES.—If a 

15 State has previously developed, after providing 

16 notice and an opportunity for public comment, 

17 a methodology that meets the requirements of 

18 this paragraph, the State may use the method19 ology for the purposes of this subsection.’’. 

20 (b) INTENDED USE PLAN.—Section 606(c) (33 

21 U.S.C. 1386(c)) is amended— 

22 (1) in the matter preceding paragraph (1) by 

23 striking ‘‘each State shall annually prepare’’ and in24 serting ‘‘each State (acting through the State’s 

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1 priate agencies of the State) shall annually prepare 

2 and publish’’; 

3 (2) by striking paragraph (1) and inserting the 

4 following: 

5 ‘‘(1) the State’s priority list developed under 

6 section 603(g);’’; 

7 (3) in paragraph (4)— 

8 (A) by striking ‘‘and (6)’’ and inserting 

9 ‘‘(6), (15), and (17)’’; and 

10 (B) by striking ‘‘and’’ at the end; 

11 (4) by striking the period at the end of para12 graph (5) and inserting ‘‘; and’’; and 

13 (5) by adding at the end the following: 

14 ‘‘(6) if the State does not fund projects and ac15 tivities in the order of the priority established under 

16 section 603(g), an explanation of why such a change 

17 in order is appropriate.’’. 

18 (c) TRANSITIONAL PROVISION.—Before completion 

19 of a priority list based on a methodology established under 

20 section 603(g) of the Federal Water Pollution Control Act 

21 (as amended by this section), a State shall continue to 

22 comply with the requirements of sections 603(g) and 

23 606(c) of such Act, as in effect on the day before the date 

24 of enactment of this Act. 


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1 SEC. 1306. ANNUAL REPORTS. 

2 Section 606(d) (33 U.S.C. 1386(d)) is amended— 

3 (1) by striking ‘‘(d) ANNUAL REPORT.—Begin4 ning’’ and inserting the following: 

5 ‘‘(d) ANNUAL REPORTS.— 

6 ‘‘(1) STATE REPORT.—Beginning’’; 

7 (2) in paragraph (1) (as so designated) by 

8 striking ‘‘loan amounts,’’ and inserting ‘‘loan 

9 amounts, the eligible purposes under section 603(c) 

10 for which the assistance has been provided,’’; and 

11 (3) by adding at the end the following: 

12 ‘‘(2) FEDERAL REPORT.—The Administrator 

13 shall annually prepare, and make publicly available, 

14 a report on the performance of the projects and ac15 tivities carried out in whole or in part with assist16 ance made available by a State water pollution con17 trol revolving fund as authorized under this title 

18 during the previous fiscal year, including— 

19 ‘‘(A) the annual and cumulative financial 

20 assistance provided to States under this title; 

21 ‘‘(B) the categories and types of such 

22 projects and activities; 

23 ‘‘(C) an estimate of the number of jobs 

24 created through carrying out such projects and 

25 activities; 


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1 ‘‘(D) an assessment of the progress made 

2 toward meeting the goals and purposes of this 

3 Act through such projects and activities; and 

4 ‘‘(E) any additional information that the 

5 Administrator considers appropriate.’’. 

6 SEC. 1307. TECHNICAL ASSISTANCE; REQUIREMENTS FOR 

7 USE OF AMERICAN MATERIALS. 

8 Title VI (33 U.S.C. 1381 et seq.) is amended— 

9 (1) by redesignating section 607 as section 610; 

10 and 

11 (2) by inserting after section 606 the following: 

12 ‘‘SEC. 607. TECHNICAL ASSISTANCE. 

13 ‘‘(a) SIMPLIFIED PROCEDURES.—Not later than 1 

14 year after the date of enactment of this section, the Ad15 ministrator shall assist the States in establishing sim16 plified procedures for treatment works to obtain assistance 

17 under this title. 

18 ‘‘(b) PUBLICATION OF MANUAL.—Not later than 2 

19 years after the date of the enactment of this section, and 

20 after providing notice and opportunity for public comment, 

21 the Administrator shall publish a manual to assist treat22 ment works in obtaining assistance under this title and 

23 publish in the Federal Register notice of the availability 

24 of the manual. 


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1 ‘‘(c) COMPLIANCE CRITERIA.—At the request of any 

2 State, the Administrator, after providing notice and an op3 portunity for public comment, shall assist in the develop4 ment of criteria for a State to determine compliance with 

5 the conditions of funding assistance established under sec6 tions 602(b)(13) and 603(d)(1)(E). 

7 ‘‘SEC. 608. BUY AMERICA. 

8 ‘‘(a) IN GENERAL.—Notwithstanding any other pro9 vision of law, funds made available from a State water 

10 pollution control revolving fund established under this title 

11 may not be used for a project for the construction of treat12 ment works unless the steel, iron, and manufactured goods 

13 used for the project are produced in the United States. 

14 ‘‘(b) EXCEPTIONS.—Subsection (a) shall not apply to 

15 a project for the construction of treatment works if the 

16 Administrator (in consultation with the Governor of the 

17 State in which the treatment works will be constructed) 

18 makes a finding that— 

19 ‘‘(1) the steel, iron, or manufactured goods re20 quired for the project are a de minimis component 

21 of the project, as determined in accordance with reg22 ulations to be issued by the Administrator; 

23 ‘‘(2) the steel, iron, or manufactured goods re24 quired for the project are not produced in the 

25 United States— 


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1 ‘‘(A) in sufficient and reasonably available 

2 quantities; or 

3 ‘‘(B) to a satisfactory quality; or 

4 ‘‘(3) the use of steel, iron, and manufactured 

5 goods produced in the United States for the project 

6 will increase the total cost of the project by more 

7 than 25 percent. 

8 ‘‘(c) WAIVER REQUIREMENTS.— 

9 ‘‘(1) PUBLIC NOTIFICATION AND OPPORTUNITY

10 FOR COMMENT.— 

11 ‘‘(A) IN GENERAL.—At least 30 days be12 fore making a finding under subsection (b), the 

13 Administrator shall provide notice of and an op14 portunity for public comment on the finding. 

15 ‘‘(B) NOTICE REQUIREMENTS.—Any notice 

16 provided under this subparagraph shall— 

17 ‘‘(i) include a justification for the pro18 posed finding; and 

19 ‘‘(ii) be provided by electronic means, 

20 including on the Internet. 

21 ‘‘(2) DETAILED JUSTIFICATION IN FEDERAL

22 REGISTER.—If the Administrator makes a finding 

23 under subsection (b), the Administrator shall— 

24 ‘‘(A) publish in the Federal Register a de25 tailed justification for the finding; and 


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1 ‘‘(B) provide notice of and an opportunity 

2 for public comment on the detailed justification 

3 at least 30 days before the finding takes effect. 

4 ‘‘(3) ANNUAL REPORT.—Not later than Feb5 ruary 1 of each year beginning after the date of en6 actment of this section, the Administrator shall sub7 mit to the Committee on Transportation and Infra8 structure of the House of Representatives and the 

9 Committee on Environment and Public Works of the 

10 Senate a report that— 

11 ‘‘(A) specifies each project with respect to 

12 which the Administrator made a finding under 

13 subsection (b) during the preceding calendar 

14 year; and 

15 ‘‘(B) describes the justification for each 

16 such finding. 

17 ‘‘(d) STATE REQUIREMENTS.—The Administrator 

18 may not impose a limitation or condition on assistance 

19 provided under this title that restricts— 

20 ‘‘(1) a State from imposing requirements that 

21 are more stringent than those imposed under this 

22 section with respect to limiting the use of articles, 

23 materials, or supplies mined, produced, or manufac24 tured in foreign countries for projects carried out 

25 with such assistance; or 


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1 ‘‘(2) any recipient of assistance from a State 

2 water pollution control revolving fund established 

3 under this title from complying with such State re4 quirements. 

5 ‘‘(e) INTENTIONAL VIOLATIONS.—Pursuant to proce6 dures established under subpart 9.4 of chapter 1 of title 

7 48, Code of Federal Regulations, a person shall be ineli8 gible to receive a contract or subcontract funded with 

9 amounts made available from a State water pollution con10 trol revolving fund established under this title if the Ad11 ministrator or a court determines that such person inten12 tionally— 

13 ‘‘(1) affixed a label bearing a ‘Made in Amer14 ica’ inscription, or any inscription with the same 

15 meaning, to any steel, iron, or manufactured goods 

16 that— 

17 ‘‘(A) were used in a project to which this 

18 section applies; and 

19 ‘‘(B) were not produced in the United 

20 States; or 

21 ‘‘(2) represented that any steel, iron, or manu22 factured goods were produced in the United States 

23 that— 

24 ‘‘(A) were used in projects to which this 

25 section applies; and 


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1 ‘‘(B) were not produced in the United 

2 States. 

3 ‘‘(f) CONSISTENCY WITH INTERNATIONAL AGREE4 MENTS.— 

5 ‘‘(1) IN GENERAL.—This section shall be ap6 plied in a manner that is consistent with United 

7 States obligations under international agreements. 

8 ‘‘(2) TREATMENT OF FOREIGN COUNTRIES IN

9 VIOLATION OF INTERNATIONAL AGREEMENTS.—The 

10 Administrator shall prohibit the use of steel, iron, 

11 and manufactured goods produced in a foreign coun12 try in a project funded with amounts made available 

13 from a State water pollution control revolving fund 

14 established under this title, including any project for 

15 which the Administrator has made a finding under 

16 subsection (b), if the Administrator, in consultation 

17 with the United States Trade Representative, deter18 mines that the foreign country is in violation of the 

19 terms of an agreement with the United States by 

20 discriminating against steel, iron, or manufactured 

21 goods that are produced in the United States and 

22 covered by the agreement.’’. 

23 SEC. 1308. ECONOMIC HARDSHIP WAIVER. 

24 Notwithstanding the requirements of section 

25 602(b)(2) of the Federal Water Pollution Control Act (33 


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1 U.S.C. 1382(b)(2)), for fiscal years 2014 and 2015, the 

2 Administrator of the Environmental Protection Agency 

3 may waive the requirement that a State deposit an amount 

4 equal to 20 percent of the State’s annual capitalization 

5 grant into the State’s water pollution control revolving 

6 fund established under title VI of that Act if the Adminis7 trator determines that the State is currently experiencing 

8 a local, statewide, or regional economic hardship and that 

9 providing such a deposit would adversely impact the 

10 State’s ability to restore and maintain the chemical, phys11 ical, and biological integrity of waters located within the 

12 State. 

13 SEC. 1309. AUTHORIZATION OF APPROPRIATIONS. 

14 Section 610 (as redesignated by section 1307 of this 

15 Act) is amended by striking paragraphs (1) through (5) 

16 and inserting the following: 

17 ‘‘(1) $2,400,000,000 for fiscal year 2014; 

18 ‘‘(2) $2,700,000,000 for fiscal year 2015; 

19 ‘‘(3) $2,800,000,000 for fiscal year 2016; 

20 ‘‘(4) $2,900,000,000 for fiscal year 2017; and 

21 ‘‘(5) $3,000,000,000 for fiscal year 2018.’’. 

22 Subtitle D—General Provisions 

23 SEC. 1401. DEFINITION OF TREATMENT WORKS. 

24 Section 502 (33 U.S.C. 1362) is amended by adding 

25 at the end the following: 


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1 ‘‘(26) TREATMENT WORKS.—The term ‘treat2 ment works’ has the meaning given that term in sec3 tion 212.’’. 

4 SEC. 1402. FUNDING FOR INDIAN PROGRAMS. 

5 Section 518(c) (33 U.S.C. 1377) is amended— 

6 (1) by striking ‘‘The Administrator’’ and insert7 ing the following: 

8 ‘‘(1) FISCAL YEARS 1987–2013.—The Adminis9 trator’’; 

10 (2) in paragraph (1) (as so designated)— 

11 (A) by inserting ‘‘and ending before Octo12 ber 1, 2013,’’ after ‘‘1986,’’; and 

13 (B) by striking the second sentence; and 

14 (3) by adding at the end the following: 

15 ‘‘(2) FISCAL YEAR 2014 AND THEREAFTER.— 

16 For fiscal year 2014 and each fiscal year thereafter, 

17 the Administrator shall reserve, before allotments to 

18 the States under section 604(a), not less than 0.5 

19 percent and not more than 2.0 percent of the funds 

20 made available to carry out title VI. 

21 ‘‘(3) USE OF FUNDS.—Funds reserved under 

22 this subsection shall be available only for grants for 

23 projects and activities eligible for assistance under 

24 section 603(c) to serve— 


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1 ‘‘(A) Indian tribes (as defined in section 

2 518(h)); 

3 ‘‘(B) former Indian reservations in Okla4 homa (as determined by the Secretary of the 

5 Interior); and 

6 ‘‘(C) Native villages (as defined in section 

7 3 of the Alaska Native Claims Settlement Act 

8 (43 U.S.C. 1602)).’’. 

9 Subtitle E—Tonnage Duties 

10 SEC. 1501. TONNAGE DUTIES. 

11 (a) IN GENERAL.—Section 60301 of title 46, United 

12 States Code, is amended by striking subsections (a) and 

13 (b) and inserting the following: 

14 ‘‘(a) LOWER RATE.— 

15 ‘‘(1) IMPOSITION OF DUTY.—A duty is imposed 

16 at the rate described in paragraph (2) at each entry 

17 in a port of the United States of— 

18 ‘‘(A) a vessel entering from a foreign port 

19 or place in North America, Central America, 

20 the West Indies Islands, the Bahama Islands, 

21 the Bermuda Islands, or the coast of South 

22 America bordering the Caribbean Sea; or 

23 ‘‘(B) a vessel returning to the same port or 

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1 parted, and not entering the United States 

2 from another port or place, except— 

3 ‘‘(i) a vessel of the United States; 

4 ‘‘(ii) a recreational vessel (as defined 

5 in section 2101 of this title); or 

6 ‘‘(iii) a barge. 

7 ‘‘(2) RATE.—The rate referred to in paragraph 

8 (1) shall be— 

9 ‘‘(A) 9.0 cents per ton (but not more than 

10 a total of 45 cents per ton per year) for fiscal 

11 years 2014 through 2023; and 

12 ‘‘(B) 2 cents per ton (but not more than 

13 a total of 10 cents per ton per year) for each 

14 fiscal year thereafter. 

15 ‘‘(b) HIGHER RATE.— 

16 ‘‘(1) IMPOSITION OF DUTY.—A duty is imposed 

17 at the rate described in paragraph (2) on a vessel 

18 at each entry in a port of the United States from 

19 a foreign port or place not named in subsection 

20 (a)(1). 

21 ‘‘(2) RATE.—The rate referred to in paragraph 

22 (1) shall be— 

23 ‘‘(A) 27 cents per ton (but not more than 

24 a total of $1.35 per ton per year) for fiscal 

25 years 2014 through 2023; and 


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1 ‘‘(B) 6 cents per ton (but not more than 

2 a total of 30 cents per ton per year) for each 

3 fiscal year thereafter.’’. 

4 (b) CONFORMING AMENDMENTS.—Such title is fur5 ther amended— 

6 (1) by striking the heading for subtitle VI and 

7 inserting the following: 

8 ‘‘Subtitle VI—Clearance and 

9 Tonnage Duties’’; 

10 (2) in the heading for chapter 603, by striking 

11 ‘‘TAXES’’ and inserting ‘‘DUTIES’’; 

12 (3) in the headings of sections in chapter 603, 

13 by striking ‘‘taxes’’ each place it appears and in14 serting ‘‘duties’’; 

15 (4) in the heading for subsection (a) of section 

16 60303, by striking ‘‘TAX’’ and inserting ‘‘DUTY’’; 

17 (5) in the text of sections in chapter 603, by 

18 striking ‘‘taxes’’ each place it appears and inserting 

19 ‘‘duties’’; and 

20 (6) in the text of sections in chapter 603, by 

21 striking ‘‘tax’’ each place it appears and inserting 

22 ‘‘duty’’. 

23 (c) CLERICAL AMENDMENTS.—Such title is further 

24 amended— 


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1 (1) in the title analysis by striking the item re2 lating to subtitle VI and inserting the following: 

‘‘VI. CLEARANCE AND TONNAGE DUTIES ...........................60101’’; 

3 (2) in the analysis for subtitle VI by striking 

4 the item relating to chapter 603 and inserting the 

5 following: 

‘‘603. Tonnage Duties and Light Money .................................................. 60301’’; 

6 and 

7 (3) in the analysis for chapter 603— 

8 (A) by striking the items relating to sec9 tions 60301 and 60302 and inserting the fol10 lowing: 

‘‘60301. Regular tonnage duties. 

‘‘60302. Special tonnage duties.’’; 

11 and 

12 (B) by striking the item relating to section 

13 60304 and inserting the following: 

‘‘60304. Presidential suspension of tonnage duties and light money.’’. 

14 TITLE II—ALTERNATIVE WATER 

15 SOURCE PROJECTS 

16 SEC. 2001. PILOT PROGRAM FOR ALTERNATIVE WATER 

17 SOURCE PROJECTS. 

18 (a) SELECTION OF PROJECTS.—Section 220(d)(2) 

19 (33 U.S.C. 1300(d)(2)) is amended by inserting before the 

20 period at the end the following: ‘‘or whether the project 

21 is located in an area which is served by a public water 

22 system serving 10,000 individuals or fewer’’. 


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1 (b) AUTHORIZATION OF APPROPRIATIONS.—Section 

2 220(j) (33 U.S.C. 1300(j)) is amended by striking 

3 ‘‘$75,000,000 for fiscal years 2002 through 2004’’ and 

4 inserting ‘‘$50,000,000 for each of fiscal years 2014 

5 through 2018’’. 

6 TITLE III—SEWER OVERFLOW 

7 CONTROL GRANTS 

8 SEC. 3001. SEWER OVERFLOW CONTROL GRANTS. 

9 (a) ADMINISTRATIVE REQUIREMENTS.—Section 

10 221(e) (33 U.S.C. 1301(e)) is amended to read as follows: 

11 ‘‘(e) ADMINISTRATIVE REQUIREMENTS.—A project 

12 that receives assistance under this section shall be carried 

13 out subject to the same requirements as a project that 

14 receives assistance from a State water pollution control 

15 revolving fund under title VI, except to the extent that 

16 the Governor of the State in which the project is located 

17 determines that a requirement of title VI is inconsistent 

18 with the purposes of this section. For the purposes of this 

19 subsection, a Governor may not determine that the re20 quirements of title VI relating to the application of section 

21 513 are inconsistent with the purposes of this section.’’. 

22 (b) AUTHORIZATION OF APPROPRIATIONS.—Section 

23 221(f) (33 U.S.C. 1301(f)) is amended to read as follows: 

24 ‘‘(f) AUTHORIZATION OF APPROPRIATIONS.— 


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1 ‘‘(1) IN GENERAL.—There is authorized to be 

2 appropriated to carry out this section $500,000,000 

3 for each of fiscal years 2014 through 2018. 

4 ‘‘(2) MINIMUM ALLOCATIONS.—To the extent 

5 there are sufficient eligible project applications, the 

6 Administrator shall ensure that a State uses not less 

7 than 20 percent of the amount of the grants made 

8 to the State under subsection (a) in a fiscal year to 

9 carry out projects to control municipal combined 

10 sewer overflows and sanitary sewer overflows 

11 through the use of green infrastructure, water and 

12 energy efficiency improvements, and other environ13 mentally innovative activities.’’. 

14 (c) ALLOCATION OF FUNDS.—Section 221(g) of such 

15 Act (33 U.S.C. 1301(g)) is amended to read as follows: 

16 ‘‘(g) ALLOCATION OF FUNDS.— 

17 ‘‘(1) FISCAL YEAR 2014.—Subject to subsection 

18 (h), the Administrator shall use the amounts appro19 priated to carry out this section for fiscal year 2014 

20 for making grants to municipalities and municipal 

21 entities under subsection (a)(2) in accordance with 

22 the criteria set forth in subsection (b). 

23 ‘‘(2) FISCAL YEAR 2015 AND THEREAFTER.— 

24 Subject to subsection (h), the Administrator shall 

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1 tion for fiscal year 2015 and each fiscal year there2 after for making grants to States under subsection 

3 (a)(1) in accordance with a formula to be established 

4 by the Administrator, after providing notice and an 

5 opportunity for public comment, that allocates to 

6 each State a proportional share of such amounts 

7 based on the total needs of the State for municipal 

8 combined sewer overflow controls and sanitary sewer 

9 overflow controls identified in the most recent survey 

10 conducted pursuant to section 516 and any other in11 formation the Administrator considers appropriate.’’. 

12 (d) REPORTS.—The first sentence of section 221(i) 

13 (33 U.S.C. 1301(i)) is amended by striking ‘‘2003’’ and 

14 inserting ‘‘2015’’. 

15 TITLE IV—CLEAN WATER TRUST 

16 FUND 

17 SEC. 4001. ESTABLISHMENT OF CLEAN WATER TRUST 

18 FUND. 

19 Subchapter A of chapter 98 of the Internal Revenue 

20 Code of 1986 (relating to the establishment of trust funds) 

21 is amended by adding at the end the following new section: 

22 ‘‘SEC. 9512. CLEAN WATER TRUST FUND. 

23 ‘‘(a) CREATION OF TRUST FUND.—There is estab24 lished in the Treasury of the United States a trust fund 

25 to be known as the ‘Clean Water Trust Fund’, consisting 


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1 of such amounts as may be appropriated or credited to 

2 the Fund as provided in this section or section 9602(b). 

3 ‘‘(b) TRANSFERS TO TRUST FUND.—There are here4 by appropriated to the Clean Water Trust Fund amounts 

5 equivalent to— 

6 ‘‘(1) fees, taxes, or other sources of revenue 

7 specifically collected and deposited in the Fund or 

8 received in the Treasury for the purposes provided 

9 in this section; and 

10 ‘‘(2) any penalty paid pursuant to section 309 

11 of the Federal Water Pollution Control Act (33 

12 U.S.C. 1319) (other than those that result of viola13 tions of section 311 of such Act). 

14 ‘‘(c) APPROPRIATION OF ADDITIONAL SUMS.—There 

15 are hereby authorized to be appropriated to the Clean 

16 Water Trust Fund such additional sums as may be re17 quired to make the expenditures referred to in subsection 

18 (d). 

19 ‘‘(d) EXPENDITURES.—Amounts in the Clean Water 

20 Trust Fund shall be available, as provided in appropria21 tions Acts, for the following purposes: 

22 ‘‘(1) Capitalization grants under section 601 of 

23 the Federal Water Pollution Control Act (33 U.S.C. 

24 1381). 


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1 ‘‘(2) Grants to States and interstate agencies 

2 under section 106(a) of that Act (33 U.S.C. 

3 1256(a)). 

4 ‘‘(3) Grants under sections 104(b) and 104(g) 

5 of that Act (33 U.S.C. 1254(b) and 1254(g)). 

6 ‘‘(4) To cover the cost of making direct loans 

7 or guaranteeing obligations authorized under the 

8 Water Pollution Control Investment Act.’’. 

9 SEC. 4002. ALLOCATION OF FUNDS. 

10 Title VI (as amended by section 1307 of this Act) 

11 is further amended by inserting after section 608 the fol12 lowing: 

13 ‘‘SEC. 609. CLEAN WATER TRUST FUND. 

14 ‘‘(a) ALLOCATION OF FUNDS.—The Administrator 

15 shall allocate funds made available for a fiscal year out 

16 of the Clean Water Trust Fund established by section 

17 9512 of the Internal Revenue Code of 1986 among eligible 

18 programs and activities as follows: 

19 ‘‘(1) 80 percent for capitalization grants under 

20 section 604. 

21 ‘‘(2) 10 percent to cover the cost of making di22 rect loans or guaranteeing obligations authorized 

23 under the Water Pollution Control Investment Act. 

24 ‘‘(3) 7.5 percent for grants to States and inter25 state agencies under section 106(a). 


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1 ‘‘(4) 2.5 percent for grants under sections 

2 104(b) and 104(g). 

3 ‘‘(b) AMOUNTS MADE AVAILABLE FOR CAPITALIZA4 TION GRANTS.—To the extent there are sufficient applica5 tions, not less than 30 percent of the amounts allocated 

6 for capitalization grants under subsection (a)(1) shall be 

7 used for one or more of the following purposes: 

8 ‘‘(1) Projects or activities to address green in9 frastructure. 

10 ‘‘(2) Water or energy efficiency improvements 

11 or other environmentally sustainable activities. 

12 ‘‘(3) The implementation of best management 

13 practices or measures identified in an approved 

14 nonpoint source management program under section 

15 319.’’. 

16 SEC. 4003. REVENUES FOR CLEAN WATER TRUST FUND. 

17 (a) STUDY ON IDENTIFICATION OF REVENUES.—Not 

18 later than 45 days after the date of enactment of this Act, 

19 the Director of the Congressional Budget Office, in con20 sultation with the Administrator of the Environmental 

21 Protection Agency and the Secretary of the Treasury, 

22 shall undertake a study of potential funding mechanisms 

23 and revenue sources for the Clean Water Trust Fund es24 tablished by section 9512(d) of the Internal Revenue Code 

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1 port annual funding levels of at least $10,000,000,000 for 

2 the purposes identified in section 9512(d) of that Act. 

3 (b) CONDUCT OF STUDY.—In carrying out the study, 

4 the Director shall— 

5 (1) take into consideration whether potential 

6 funding mechanisms and revenue sources— 

7 (A) are broad based; 

8 (B) are equitably allocated; and 

9 (C) can be efficiently collected; 

10 (2) review and, to the extent practicable, utilize 

11 existing studies and reports on potential sources of 

12 revenue for a clean water trust fund, including— 

13 (A) the report of the Government Account14 ability Office entitled ‘‘Clean Water Infrastruc15 ture: A Variety of Issues Need to Be Consid16 ered When Designing a Clean Water Trust 

17 Fund’’ (GAO–09–037, May 2009); and 

18 (B) the report of the Environmental Pro19 tection Agency entitled ‘‘Alternative Funding 

20 Study: Water Quality Fees and Debt Financing 

21 Issues’’ (EPA 832–R–96–001, June 1996); 

22 (3) consult with Federal, State, tribal, and local 

23 agencies, representatives of business and industry, 

24 representatives of entities operating publicly owned 

25 treatment works, representatives of conservation and 


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1 environmental organizations, representatives of rate2 payer organizations, and other interested persons; 

3 and 

4 (4) provide the opportunity for public hearings. 

5 (c) REPORT TO CONGRESS.—Not later than 1 year 

6 after the date of enactment of this Act, the Director shall 

7 submit a report on the results of the study to— 

8 (1) the Committee on Transportation and In9 frastructure, the Committee on Ways and Means, 

10 and the Committee on the Budget of the House of 

11 Representatives; and 

12 (2) the Committee on Environment and Public 

13 Works, the Committee on Finance, and the Com14 mittee on the Budget of the Senate. 

15 TITLE V—WATER POLLUTION 

16 CONTROL INVESTMENT 

17 SEC. 5001. SHORT TITLE. 

18 This title may be cited as the ‘‘Water Pollution Con19 trol Investment Act’’. 

20 SEC. 5002. DEFINITIONS. 

21 In this title, the following definitions apply: 

22 (1) ADMINISTRATOR.—The term ‘‘Adminis23 trator’’ means the Administrator of the Environ24 mental Protection Agency. 


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1 (2) BORROWER.—The term ‘‘borrower’’ means 

2 a person who owes payments of interest or principal 

3 on an obligation guaranteed under this title. 

4 (3) COST OF A DIRECT LOAN.—The term ‘‘cost 

5 of a direct loan’’ means the ‘‘cost of a direct loan’’ 

6 as that term is used in section 502(5) of the Federal 

7 Credit Reform Act of 1990 (2 U.S.C. 661a(5)). 

8 (4) COST OF A GUARANTEE.—The term ‘‘cost 

9 of a guarantee’’ means the ‘‘cost of a loan guar10 antee’’ as that term is used in section 502(5) of the 

11 Federal Credit Reform Act of 1990 (2 U.S.C. 

12 661a(5)). 

13 (5) DIRECT LOAN.—The term ‘‘direct loan’’ has 

14 the meaning given that term in section 502 of the 

15 Federal Credit Reform Act of 1990 (2 U.S.C. 661a). 

16 (6) GUARANTEE.— 

17 (A) IN GENERAL.—The term ‘‘guarantee’’ 

18 has the meaning given the term ‘‘loan guar19 antee’’ in section 502 of the Federal Credit Re20 form Act of 1990 (2 U.S.C. 661a). 

21 (B) INCLUSION.—The term ‘‘guarantee’’ 

22 includes a loan guarantee commitment (as that 

23 term is defined in section 502 of the Federal 

24 Credit Reform Act of 1990 (2 U.S.C. 661a)). 


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1 (7) LARGE WATER INFRASTRUCTURE

2 PROJECT.— 

3 (A) IN GENERAL.—The term ‘‘large water 

4 infrastructure project’’ means a project for con5 struction of a publicly owned treatment works 

6 that qualifies for assistance under section 

7 603(c) of the Federal Water Pollution Control 

8 Act (33 U.S.C. 1383(c)), but because of its sig9 nificant scope and cost is not likely to receive 

10 assistance under that Act, as determined by the 

11 Administrator. 

12 (B) GUIDELINES.—The Administrator 

13 shall issue guidelines for determining whether a 

14 project qualifies as a large water infrastructure 

15 project. 

16 (8) OBLIGATION.—The term ‘‘obligation’’ 

17 means a loan or other debt obligation. 

18 (9) STATE INFRASTRUCTURE FINANCING AU19 THORITY.—The term ‘‘State infrastructure financing 

20 authority’’ means the State entity established or des21 ignated by the Governor of a State to receive a cap22 italization grant provided by, or otherwise carry out 

23 the requirements of, title VI of the Federal Water 

24 Pollution Control Act (33 U.S.C. 1381 et seq.). 


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1 SEC. 5003. DIRECT LOANS. 

2 (a) IN GENERAL.— 

3 (1) USE OF LOANS.—The Administrator may 

4 make a direct loan to a State infrastructure financ5 ing authority for use in the same manner, and sub6 ject to the same terms and conditions (unless other7 wise specified in this section), as a capitalization 

8 grant made under section 601 of the Federal Water 

9 Pollution Control Act (33 U.S.C. 1831). 

10 (2) TERMS AND CONDITIONS.—The Adminis11 trator may make a loan under this section on such 

12 terms and conditions (including requirements for au13 dits) as the Administrator determines appropriate. 

14 (b) LOAN REQUIREMENTS.— 

15 (1) MAXIMUM AMOUNT.—The amount of a loan 

16 made under this section to a State infrastructure fi17 nancing authority shall not exceed the applicable 

18 percentage for the State establishing such authority 

19 of the total amount available under this title for dis20 bursement, based on the allotment for the State in 

21 accordance with section 604 of the Federal Water 

22 Pollution Control Act (33 U.S.C. 1384). 

23 (2) TERM OF LOAN.—The final maturity date 

24 of a loan made under this section shall not be later 

25 than 35 years after the date on which funds are dis26 bursed to a State infrastructure financing authority. 


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1 (3) INTEREST RATE.—The Administrator may 

2 make a loan under this section only if the Adminis3 trator determines that the interest rate on the loan 

4 is appropriate, taking into account the prevailing 

5 rate of interest in the private sector for similar 

6 loans. 

7 (4) SECURITY.—The Administrator shall re8 quire a State infrastructure financing authority re9 ceiving a loan under this section to use a rate cov10 enant, coverage requirement, or similar security fea11 ture adequate to ensure loan repayment. 

12 (5) REPAYMENT.— 

13 (A) SCHEDULE.—The Administrator shall 

14 set a repayment schedule for each loan made 

15 under this section based on the projected cash 

16 flow to the State infrastructure financing au17 thority, including consideration of the effect on 

18 such cash flow of the security features de19 scribed in paragraph (4). 

20 (B) COMMENCEMENT.—Scheduled loan re21 payments of principal or interest on a loan 

22 made under this section shall commence not 

23 later than 5 years after the date on which the 

24 loan is made. 

25 (C) DEFERRAL OF PAYMENTS.— 


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1 (i) IN GENERAL.—If the Adminis2 trator determines that a State infrastruc3 ture financing authority lacks the re4 sources to make scheduled payments on a 

5 loan made under this section based on cir6 cumstances not foreseeable at the time the 

7 loan is made, the Administrator may allow 

8 for the deferral of such payments. 

9 (ii) INTEREST.—Any payment de10 ferred under clause (i) shall— 

11 (I) continue to accrue interest 

12 until fully repaid; and 

13 (II) be amortized over the re14 maining term of the loan. 

15 (D) PREPAYMENT.—Payments on the loan 

16 may be made in advance with no penalty. 

17 (c) SALE OF LOANS.—After notifying the State infra18 structure financing authority, the Administrator, in con19 sultation with the Secretary of the Treasury, may sell a 

20 loan made under this section, if the Administrator deter21 mines that the sale can be made on favorable terms. 

22 (d) CONFORMING REQUIREMENTS.—The require23 ments of sections 211, 511(c)(1), and 513 of the Federal 

24 Water Pollution Control Act (33 U.S.C. 1291, 1371(c)(2), 

25 and 1372) apply to the construction of a project carried 


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1 out in whole or in part with assistance made available 

2 through a loan under this section in the same manner as 

3 treatment works for which grants are made available 

4 under the Federal Water Pollution Control Act. 

5 (e) FEES.—The Administrator shall charge and col6 lect fees from State infrastructure financing authorities 

7 receiving loans under this section in amounts the Adminis8 trator determines are sufficient to cover the administrative 

9 expenses associated with carrying out this section and, as 

10 provided in advance in appropriations Acts, use such 

11 amounts to cover such expenses. 

12 (f) RECORDS; AUDITS.— 

13 (1) IN GENERAL.—A State infrastructure fi14 nancing authority receiving a loan under this section 

15 shall keep such records and other pertinent docu16 ments as the Administrator shall prescribe by regu17 lation, including such records as the Administrator 

18 may require to facilitate an effective audit of loans 

19 made under this section. 

20 (2) ACCESS.—The Administrator and the 

21 Comptroller General of the United States, or their 

22 duly authorized representatives, shall have access, 

23 for the purpose of audits, to records and other perti24 nent documents kept under paragraph (1). 


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1 SEC. 5004. GUARANTEES. 

2 (a) IN GENERAL.— 

3 (1) USE OF GUARANTEES.—The Administrator 

4 may make a guarantee under this title for an obliga5 tion for construction of a large water infrastructure 

6 project in accordance with the requirements of this 

7 section. 

8 (2) SELECTION CRITERIA.— 

9 (A) ESTABLISHMENT.—The Administrator 

10 shall establish criteria for selecting among large 

11 water infrastructure projects in making guaran12 tees under this title. 

13 (B) CRITERIA.—In establishing selection 

14 criteria under this paragraph, the Adminis15 trator shall include consideration of the fol16 lowing: 

17 (i) The extent to which the project is 

18 nationally or regionally significant. 

19 (ii) The creditworthiness of the 

20 project, including a determination by the 

21 Administrator that any financing has ap22 propriate features to ensure repayment. 

23 (iii) The extent to which the project 

24 uses new technologies that enhance the en25 vironmental benefits of the project. 


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1 (iv) The cost of a guarantee under 

2 this title. 

3 (v) The extent to which the project 

4 helps restore, maintain, or protect the en5 vironment. 

6 (3) FISCAL YEAR LIMITATION.—The Adminis7 trator may not utilize more than 10 percent of the 

8 funds made available under this title for a fiscal 

9 year to make guarantees under this section during 

10 that fiscal year. 

11 (4) TERMS AND CONDITIONS.—The Adminis12 trator may make a guarantee for a large water in13 frastructure project under this title on such terms 

14 and conditions (including requirements for audits) 

15 as the Administrator determines appropriate. 

16 (5) SECURITY.—The Administrator shall re17 quire a borrower to use a rate covenant, coverage re18 quirement, or similar security feature adequate to 

19 ensure repayment of the obligation. 

20 (b) GUARANTEE REQUIREMENTS.— 

21 (1) PROBABILITY OF REPAYMENT.—The Ad22 ministrator may make a guarantee under this title 

23 only if the Administrator determines that there is a 

24 high probability of repayment by the borrower of the 

25 principal and interest on the obligation. 


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1 (2) AMOUNT.— 

2 (A) PERCENTAGE OF TOTAL COST.—The 

3 Administrator may make a guarantee under 

4 this title only if the amount of the obligation 

5 does not exceed 75 percent of the total cost of 

6 the large water infrastructure project, as esti7 mated at the time at which the guarantee is 

8 issued. 

9 (B) SUFFICIENCY.—The Administrator 

10 may make a guarantee under this title only if 

11 the Administrator determines that the amount 

12 of the obligation, when combined with amounts 

13 available from other sources, will be sufficient 

14 to carry out the project. 

15 (3) NONSUBORDINATION.—The Administrator 

16 may make a guarantee under this title only if the 

17 guarantee is not subordinate to other financing. 

18 (4) INTEREST RATE.—The Administrator may 

19 make a guarantee under this title only if the Admin20 istrator determines that the interest rate on the obli21 gation is appropriate, taking into account the pre22 vailing rate of interest in the private sector for simi23 lar obligations. 

24 (5) TERM.—The Administrator may make a 

25 guarantee under this title only if— 


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1 (A) repayment of the obligation is required 

2 over a period not to exceed the lesser of— 

3 (i) 35 years; or 

4 (ii) 90 percent of the projected useful 

5 life of the large water infrastructure 

6 project to be financed by the obligation (as 

7 determined by the Administrator); and 

8 (B) payments on the obligation are sched9 uled to commence not later than 5 years after 

10 the date of substantial completion of the large 

11 water infrastructure project. 

12 (c) CONFORMING REQUIREMENTS.— 

13 (1) FISCAL SUSTAINABILITY PLAN.—The Ad14 ministrator may make a guarantee for a large water 

15 infrastructure project under this title only if the 

16 owner or operator of such project commits to de17 velop and implement a fiscal sustainability plan that 

18 meets the requirements of section 603(d)(1)(E) of 

19 the Federal Water Pollution Control Act, as added 

20 by this Act. 

21 (2) PRIORITY LIST.—The Administrator may 

22 make a guarantee for a large water infrastructure 

23 project under this title only if such project is on a 

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1 eral Water Pollution Control Act (33 U.S.C. 

2 1383(g)), as amended by this Act. 

3 (3) ADDITIONAL REQUIREMENTS.—The require4 ments of sections 211, 511(c)(1), and 513 of the 

5 Federal Water Pollution Control Act (33 U.S.C. 

6 1291, 1371(c)(2), and 1372) apply to the construc7 tion of a large water infrastructure project carried 

8 out in whole or in part with financing made available 

9 through an obligation guaranteed under this title in 

10 the same manner as treatment works for which 

11 grants are made available under the Federal Water 

12 Pollution Control Act. 

13 (d) DEFAULTS.— 

14 (1) PAYMENT BY ADMINISTRATOR.— 

15 (A) IN GENERAL.—If a borrower defaults 

16 on an obligation guaranteed under this title (as 

17 defined in regulations promulgated by the Ad18 ministrator and specified in the guarantee con19 tract), the holder of the guarantee shall have 

20 the right to demand payment of the unpaid 

21 amount from the Administrator. 

22 (B) PAYMENT REQUIRED.—Within such 

23 period as may be specified in the guarantee or 

24 related agreements, the Administrator shall pay 

25 to the holder of a guarantee the unpaid interest 


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1 on, and unpaid principal of, the obligation guar2 anteed under this title as to which the borrower 

3 has defaulted, unless the Administrator finds 

4 that there was no default by the borrower in 

5 the payment of interest or principal or that the 

6 default has been remedied. 

7 (C) FORBEARANCE.—Nothing in this sub8 section precludes any forbearance by the holder 

9 of a guarantee for the benefit of the borrower 

10 which may be agreed upon by the parties to the 

11 obligation and approved by the Administrator. 

12 (2) SUBROGATION.— 

13 (A) IN GENERAL.—If the Administrator 

14 makes a payment under paragraph (1), the Ad15 ministrator shall be subrogated to the rights of 

16 the holder of the guarantee as specified in the 

17 guarantee or related agreements. 

18 (B) SUPERIORITY OF RIGHTS.—The rights 

19 of the Administrator, with respect to any prop20 erty acquired pursuant to a guarantee or re21 lated agreements, shall be superior to the rights 

22 of any other person with respect to the prop23 erty. 

24 (e) PAYMENT OF PRINCIPAL AND INTEREST BY AD25 MINISTRATOR.— 


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1 (1) IN GENERAL.—With respect to any obliga2 tion guaranteed under this title, the Administrator 

3 may enter into a contract to pay, and pay, a holder 

4 of the guarantee, for and on behalf of the borrower, 

5 from funds appropriated for that purpose, the prin6 cipal and interest payments which become due and 

7 payable on the unpaid balance of the obligation if 

8 the Administrator finds that— 

9 (A) the borrower is unable to meet the 

10 payments and is not in default; 

11 (B) it is in the public interest to permit 

12 the borrower to continue to pursue the purposes 

13 of the project; 

14 (C) the probable net benefit to the Federal 

15 Government in paying the principal and interest 

16 will be greater than that which would result in 

17 the event of a default; and 

18 (D) the State or region in which the 

19 project is located is experiencing a period of 

20 local or regional economic hardship that has af21 fected the borrower’s ability to meet the pay22 ments. 

23 (2) AMOUNT.—The amount of the payment 

24 that the Administrator is authorized to pay under 

25 this subsection shall be no greater than the amount 


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1 of principal and interest that the borrower is obli2 gated to pay under the obligation. 

3 (3) REIMBURSEMENT.—A payment may be 

4 made under this subsection only if the borrower 

5 agrees to reimburse the Administrator for the pay6 ment (including interest) on terms and conditions 

7 that are satisfactory to the Administrator. 

8 (f) FEES.—The Administrator shall charge and col9 lect fees from borrowers for guarantees made under this 

10 title in amounts the Administrator determines are suffi11 cient to cover the administrative expenses associated with 

12 carrying out this title and, as provided in advance in ap13 propriations Acts, use such amounts to cover such ex14 penses. 

15 (g) RECORDS; AUDITS.— 

16 (1) IN GENERAL.—A borrower shall keep such 

17 records and other pertinent documents as the Ad18 ministrator shall prescribe by regulation, including 

19 such records as the Administrator may require to fa20 cilitate an effective audit of guarantees made under 

21 this title. 

22 (2) ACCESS.—The Administrator and the 

23 Comptroller General of the United States, or their 

24 duly authorized representatives, shall have access, 


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1 for the purpose of audits, to records and other perti2 nent documents kept under paragraph (1). 

3 (h) FULL FAITH AND CREDIT.—The full faith and 

4 credit of the United States is pledged to the payment of 

5 all guarantees made under this title. 

Æ 


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