IB 
Union Calendar No. 387 
116TH CONGRESS 
2D SESSION 
H. R. 1497 
[Report No. 116–484] 
To amend the Federal Water Pollution Control Act to reauthorize certain 
water pollution control programs, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
MARCH 5, 2019 
Mr. DEFAZIO (for himself, Mrs. NAPOLITANO, Mr. YOUNG, and Mr. KATKO) 
introduced the following bill; which was referred to the Committee on 
Transportation and Infrastructure 
SEPTEMBER 4, 2020 
Additional sponsors: Ms. BROWNLEY of California, Mr. HUFFMAN, Mr. 
LOWENTHAL, Mr. ROUDA, Mr. CARBAJAL, Mr. COHEN, Mr. LIPINSKI, 
Mr. LYNCH, Mr. SEAN
PATRICK
MALONEY
of New York, Ms. 
FINKENAUER, Ms. NORTON, Ms. MOORE, Ms. TITUS, Ms. CRAIG, Mr. 
MALINOWSKI, Mr. BLUMENAUER, Ms. DEAN, Mr. DESAULNIER, Ms. 
ESCOBAR, Ms. ESHOO, Mr. GROTHMAN, Mr. HARDER of California, Mr. 
LAMB, Ms. SLOTKIN, Mr. TAKANO, Mrs. TRAHAN, Mr. WELCH, Mr. LAR-
SEN of Washington, Ms. LEE of California, Ms. ROYBAL-ALLARD, Ms. 
MUCARSEL-POWELL, Ms. DAVIDS of Kansas, Ms. KUSTER of New Hamp-
shire, Mr. BEYER, Mr. PHILLIPS, Mr. MCADAMS, Mr. RICHMOND, Mr. 
TRONE, Mr. CASTEN of Illinois, Mr. MORELLE, Ms. KAPTUR, Mr. CASE, 
Ms. TORRES SMALL of New Mexico, Mr. KILDEE, Ms. WILSON of Flor-
ida, Mr. BRINDISI, Ms. TLAIB, Mr. SIRES, Mr. PAYNE, Mrs. AXNE, Mr. 
KIND, Mr. CARTWRIGHT, Mr. FITZPATRICK, and Mr. MOULTON 
SEPTEMBER 4, 2020 
Reported with an amendment; committed to the Committee of the Whole 
House on the State of the Union and ordered to be printed 
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A BILL 
To amend the Federal Water Pollution Control Act to reau-
thorize certain water pollution control programs, and 
for other purposes. 
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Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Water Quality Protec-
tion and Job Creation Act of 2019’’. 
SEC. 2. WASTEWATER INFRASTRUCTURE WORKFORCE IN-
VESTMENT. 
Section 104(g) of the Federal Water Pollution Control 
Act (33 U.S.C. 1254(g)) is amended— 
(1) in paragraph (1), by striking ‘‘manpower’’ 
each place it appears and inserting ‘‘workforce’’; and 
(2) by amending paragraph (4) to read as fol-
lows: 
‘‘(4) REPORT TO CONGRESS ON PUBLICLY OWNED 
TREATMENT WORKS WORKFORCE DEVELOPMENT.—Not 
later than 2 years after the date of enactment of the 
Water Quality Protection and Job Creation Act of 
2019, the Administrator shall submit to the Com-
mittee on Transportation and Infrastructure of the 
House of Representatives and the Committee on Envi-
ronment and Public Works of the Senate a report con-
taining— 
‘‘(A) an assessment of the current and fu-
ture workforce needs for publicly owned treat-
ment works, including an estimate of the number 
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of future positions needed for such treatment 
works and the technical skills and education 
needed for such positions; 
‘‘(B) a summary of actions taken by the 
Administrator, including Federal investments 
under this Act, that promote workforce develop-
ment to address such needs; and 
‘‘(C) any recommendations of the Adminis-
trator to address such needs.’’. 
SEC. 3. STATE MANAGEMENT ASSISTANCE. 
(a) AUTHORIZATION
OF APPROPRIATIONS.—Section 
106(a) of the Federal Water Pollution Control Act (33 
U.S.C. 1256(a)) is amended— 
(1) by striking ‘‘and’’ at the end of paragraph 
(1); and 
(2) by inserting after paragraph (2) the fol-
lowing: 
‘‘(3) such sums as may be necessary for each of 
fiscal years 1991 through 2020; 
‘‘(4) $240,000,000 for fiscal year 2021; 
‘‘(5) $250,000,000 for fiscal year 2022; 
‘‘(6) $260,000,000 for fiscal year 2023; 
‘‘(7) $270,000,000 for fiscal year 2024; and 
‘‘(8) $275,000,000 for fiscal year 2025;’’. 
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(b) TECHNICAL AMENDMENT.—Section 106(e) of the 
Federal Water Pollution Control Act (33 U.S.C. 1256(e)) 
is amended by striking ‘‘Beginning in fiscal year 1974 the’’ 
and inserting ‘‘The’’. 
SEC. 4. WATERSHED, WET WEATHER, AND RESILIENCY 
PROJECTS. 
(a) 
INCREASED
RESILIENCE
OF
TREATMENT 
WORKS.—Section 122(a)(6) of the Federal Water Pollution 
Control Act (33 U.S.C. 1274(a)(6)) is amended to read as 
follows: 
‘‘(6) INCREASED
RESILIENCE
OF
TREATMENT 
WORKS.—Efforts— 
‘‘(A) 
to 
assess 
future 
risks 
and 
vulnerabilities of publicly owned treatment 
works to manmade or natural disasters, includ-
ing extreme weather events and sea level rise; 
and 
‘‘(B) to carry out the planning, designing, 
or constructing of projects, on a systemwide or 
areawide basis, to increase the resilience of pub-
licly owned treatment works through— 
‘‘(i) the conservation of water or the 
enhancement of water use efficiency; 
‘‘(ii) the enhancement of wastewater 
(including stormwater) management by in-
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creasing watershed preservation and protec-
tion, including through— 
‘‘(I) the use of green infrastruc-
ture; or 
‘‘(II) the reclamation and reuse of 
wastewater 
(including 
stormwater), 
such as through aquifer recharge zones; 
‘‘(iii) the modification or relocation of 
an existing publicly owned treatment works 
at risk of being significantly impaired or 
damaged by a manmade or natural dis-
aster; or 
‘‘(iv) the enhancement of energy effi-
ciency, or the use or generation of recovered 
or renewable energy, in the management, 
treatment, or conveyance of wastewater (in-
cluding stormwater).’’. 
(b) REQUIREMENTS; AUTHORIZATION OF APPROPRIA-
TIONS.—Section 122 of the Federal Water Pollution Control 
Act (33 U.S.C. 1274) is amended by striking subsection (c) 
and inserting the following: 
‘‘(c) REQUIREMENTS.—The requirements of section 
608 shall apply to any construction, alteration, mainte-
nance, or repair of treatment works receiving a grant under 
this section. 
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‘‘(d) ASSISTANCE.—The Administrator shall use not 
less than 15 percent of the amounts appropriated pursuant 
to this section in a fiscal year to provide assistance to mu-
nicipalities with a population of less than 10,000, to the 
extent there are sufficient eligible applications. 
‘‘(e) AUTHORIZATION OF APPROPRIATIONS.—There is 
authorized to be appropriated to carry out this section 
$110,000,000, to remain available until expended.’’. 
(c) TECHNICAL AND CONFORMING AMENDMENTS.— 
(1) WATERSHED PILOT PROJECTS.—Section 122 
of the Federal Water Pollution Control Act (33 U.S.C. 
1274) is amended— 
(A) in the section heading, by striking ‘‘WA-
TERSHED
PILOT
PROJECTS’’ and inserting 
‘‘WATERSHED, WET WEATHER, AND RESIL-
IENCY PROJECTS’’; and 
(B) by striking ‘‘pilot’’ each place it ap-
pears. 
(2) WATER
POLLUTION
CONTROL
REVOLVING 
LOAN FUNDS.—Section 603(c)(7) of the Federal Water 
Pollution Control Act (33 U.S.C. 1383(c)(7)) is 
amended by striking ‘‘watershed’’. 
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SEC. 
5. 
PILOT 
PROGRAM 
FOR 
ALTERNATIVE 
WATER 
SOURCE PROJECTS. 
(a) SELECTION OF PROJECTS.—Section 220(d) of the 
Federal Water Pollution Control Act (33 U.S.C. 1300(d)) 
is amended— 
(1) by amending paragraph (1) to read as fol-
lows: 
‘‘(1) LIMITATION
ON
ELIGIBILITY.—A project 
that has received construction funds under the Rec-
lamation Projects Authorization and Adjustment Act 
of 1992 shall not be eligible for grant assistance under 
this section.’’; and 
(2) by striking paragraph (2) and redesignating 
paragraph (3) as paragraph (2). 
(b) COMMITTEE RESOLUTION PROCEDURE; ASSIST-
ANCE.—Section 220 of the Federal Water Pollution Control 
Act (33 U.S.C. 1300) is amended by striking subsection (e) 
and inserting the following: 
‘‘(e) ASSISTANCE.—The Administrator shall use not 
less than 15 percent of the amounts appropriated pursuant 
to this section in a fiscal year to provide assistance to eligi-
ble entities for projects designed to serve fewer than 10,000 
individuals, to the extent there are sufficient eligible appli-
cations.’’. 
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(c) COST SHARING.—Section 220(g) of the Federal 
Water Pollution Control Act (33 U.S.C. 1300(g)) is amend-
ed— 
(1) by striking ‘‘The Federal share’’ and insert-
ing the following: 
‘‘(1) IN GENERAL.—Except as provided in para-
graph (2), the Federal share’’; and 
(2) by adding at the end the following: 
‘‘(2) RECLAMATION AND REUSE PROJECTS.—For 
an alternative water source project that has received 
funds under the Reclamation Projects Authorization 
and Adjustment Act of 1992 (other than funds re-
ferred to in subsection (d)(1)), the total Federal share 
of the costs of the project shall not exceed 25 percent 
or $20,000,000, whichever is less.’’. 
(d) REQUIREMENTS.—Section 220 of the Federal 
Water Pollution Control Act (33 U.S.C. 1300) is amended 
by redesignating subsections (i) and (j) as subsections (j) 
and (k), respectively, and inserting after subsection (h) the 
following: 
‘‘(i) REQUIREMENTS.—The requirements of section 
608 shall apply to any construction of an alternative water 
source project carried out using assistance made available 
under this section.’’. 
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(e) DEFINITIONS.—Section 220(j)(1) of the Federal 
Water Pollution Control Act (as redesignated by subsection 
(d) of this section) is amended by striking ‘‘or wastewater 
or by treating wastewater’’ and inserting ‘‘, wastewater, or 
stormwater or by treating wastewater or stormwater’’. 
(f) AUTHORIZATION
OF APPROPRIATIONS.—Section 
220(k) of the Federal Water Pollution Control Act (as redes-
ignated by subsection (d) of this section) is amended by 
striking ‘‘$75,000,000 for fiscal years 2002 through 2004’’ 
and inserting ‘‘$150,000,000’’. 
SEC. 6. SEWER OVERFLOW AND STORMWATER REUSE MU-
NICIPAL GRANTS. 
Section 221 of the Federal Water Pollution Control Act 
(33 U.S.C. 1301) is amended— 
(1) in subsection (c), by striking ‘‘subsection 
(b),’’ each place it appears and inserting ‘‘this sec-
tion,’’; 
(2) in subsection (d)— 
(A) by striking ‘‘The Federal share’’ and in-
serting the following: 
‘‘(1) FEDERAL SHARE.— 
‘‘(A) IN GENERAL.—Except as provided in 
subparagraph (B), the Federal share’’; and 
(B) by striking ‘‘The non-Federal share’’ 
and inserting the following: 
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‘‘(B) FINANCIALLY
DISTRESSED
COMMU-
NITIES.—The Federal share of the cost of activi-
ties carried out using amounts from a grant 
made to a financially distressed community 
under subsection (a) shall be not less than 75 
percent of the cost. 
‘‘(2) NON-FEDERAL
SHARE.—The non-Federal 
share’’; 
(3) in subsection (e), by striking ‘‘section 513’’ 
and inserting ‘‘section 513, or the requirements of sec-
tion 608,’’; and 
(4) in subsection (f)— 
(A) in paragraph (1), by striking ‘‘2020’’ 
and inserting ‘‘2025’’; and 
(B) by adding at the end the following: 
‘‘(3) ASSISTANCE.—In carrying out subsection 
(a), the Administrator shall ensure that, of the 
amounts granted to municipalities in a State, not less 
than 20 percent is granted to municipalities with a 
population of less than 20,000, to the extent there are 
sufficient eligible applications.’’. 
SEC. 7. NATIONAL POLLUTANT DISCHARGE ELIMINATION 
SYSTEM. 
(a) TERMS.—Section 402(b)(1) of the Federal Water 
Pollution Control Act (33 U.S.C. 1342(b)(1)) is amended— 
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(1) by amending subparagraph (B) to read as 
follows: 
‘‘(B) are for fixed terms— 
‘‘(i) not exceeding 10 years, for a permit 
issued in accordance with subsection (t); and 
‘‘(ii) not exceeding 5 years, for a permit not 
described in clause (i);’’; and 
(2) by redesignating subparagraph (D) as sub-
paragraph (E), and inserting after subparagraph (C) 
the following: 
‘‘(D) do not continue in force beyond the last 
day of the fixed term, except as provided in subsection 
(k)(2); and’’. 
(b) REQUIREMENTS.—Section 402 of the Federal 
Water Pollution Control Act (33 U.S.C. 1342) is amend-
ed— 
(1) in subsection (k)— 
(A) by inserting ‘‘(1)’’ before ‘‘Compliance 
with’’; 
(B) by striking ‘‘of (1)’’ and inserting ‘‘of 
(A)’’; 
(C) by striking ‘‘or (2)’’ and inserting ‘‘or 
(B)’’; and 
(D) by adding at the end the following: 
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‘‘(t) EXTENDED TERM FOR CERTAIN PERMITS.— 
‘‘(1) IN GENERAL.—A State with an approved 
permit program under subsection (b) may issue a 
permit under this section with a term authorized 
under subsection (b)(1)(B)(i) to an eligible munici-
pality for a covered discharge. 
‘‘(2) REVIEW AND MODIFICATION OF PERMIT.— 
‘‘(A) STATE ACTION.— 
‘‘(i) REVIEW.—Not later than 60 days 
after a triggering event occurs with respect 
to a permit issued by a State pursuant to 
this subsection, the State shall review the 
permit and make publicly available a deter-
mination of whether any modifications to 
the permit are necessary to address the trig-
gering event. 
‘‘(ii) MODIFICATION.—Not later than 
90 days after making publicly available a 
determination under clause (i) that modi-
fications to a permit are necessary, the 
State shall make such modifications in ac-
cordance with the requirements of this sec-
tion. 
‘‘(B) EPA ACTION.— 
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‘‘(i) REVIEW.—If a State fails to make 
publicly available a determination by the 
deadline required under subparagraph (A), 
the Administrator shall make publicly 
available such a determination not later 
than 30 days after such deadline. 
‘‘(ii) MODIFICATION.—If a State fails 
to modify a permit by the deadline required 
under subparagraph (A), or if the Adminis-
trator makes publicly available under this 
subparagraph a determination that modi-
fications to a permit are necessary, the Ad-
ministrator shall make such modifications 
in accordance with the requirements of this 
section not later than 90 days after the 
deadline required under subparagraph (A), 
or 90 days after the date on which the Ad-
ministrator makes publicly available such 
determination under this subparagraph, as 
applicable. 
‘‘(iii) EFFECT
ON
STATE
AUTHOR-
ITY.—A permit modified by the Adminis-
trator under clause (ii) shall be considered 
to be a permit issued by the State for the 
purposes of permit administration, and 
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such modification shall not affect any other 
authority or responsibility of the State re-
lating to the permit. 
‘‘(C) RIGHT OF ACTION.—A determination 
under this paragraph by a State or the Adminis-
trator of whether modifications to a permit are 
necessary to address a triggering event is a final 
agency action subject to judicial review in the 
same manner as a review under section 
509(b)(1). 
‘‘(3) DEFINITIONS.—In this subsection: 
‘‘(A) COVERED DISCHARGE.—The term ‘cov-
ered discharge’ means a discharge from a pub-
licly owned treatment works, which consists of 
municipal sewage treated, recycled, or reclaimed 
in accordance with this Act (and may include a 
municipal combined sewer overflow that is in 
compliance with the requirements of subsection 
(q))— 
‘‘(i) into a navigable water that is not 
identified by the State issuing the permit 
under section 303(d) as impaired for a pol-
lutant specifically addressed by the permit; 
or 
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‘‘(ii) in the case of a discharge into a 
navigable water that is so identified, that is 
subject to, and in compliance with, permit 
limits that are consistent with— 
‘‘(I) a judicial order or consent 
decree resolving an enforcement action 
related to such discharge under this 
Act; or 
‘‘(II) for each such pollutant, any 
applicable approved total maximum 
daily load allocation, or, if no such ap-
proved allocation exists, any applicable 
water quality standard for the pollut-
ant (including any such standard as 
addressed in an integrated plan incor-
porated into a permit under subsection 
(s)). 
‘‘(B) ELIGIBLE
MUNICIPALITY.—The term 
‘eligible municipality’ means a municipality 
with a history of compliance with this Act, as 
determined in accordance with standards estab-
lished by the Administrator. 
‘‘(C) TRIGGERING EVENT.—The term ‘trig-
gering event’ means, with respect to a permit 
issued pursuant to this subsection, any of the fol-
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lowing that happens after the date on which the 
permit is issued: 
‘‘(i) The State receives information 
that there may be a cause for modification, 
as identified in section 122.62 of title 40, 
Code of Federal Regulations (as in effect on 
the date of enactment of this subsection), of 
the permit. 
‘‘(ii) The State identifies under section 
303(d) the navigable water into which a 
discharge is permitted pursuant to the per-
mit as impaired for a pollutant known to 
be present in the discharge. 
‘‘(iii) The Administrator approves a 
new or modified total maximum daily load 
that applies with respect to a pollutant 
known to be present in a discharge per-
mitted pursuant to the permit. 
‘‘(iv) The Administrator or the State 
determines that— 
‘‘(I) a pollutant known to be dis-
charged under the permit is directly 
related to the contamination of a water 
designated for use as a public water 
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supply source pursuant to section 303; 
and 
‘‘(II)(aa) the discharge of such 
pollutant is related to a violation of an 
applicable water quality standard; or 
‘‘(bb) such pollutant is subject to 
a health advisory published by the Ad-
ministrator 
under 
section 
1412(b)(1)(F) of the Safe Drinking 
Water Act.’’. 
(c) IMPLEMENTATION RULE.— 
(1) DEADLINE.—Not later than 1 year after the 
date of enactment of this Act, the Administrator of the 
Environmental Protection Agency shall publish in the 
Federal Register a rule to implement the amendments 
made by this section, including establishing standards 
for determining a history of compliance with the Fed-
eral Water Pollution Control Act for purposes of sec-
tion 402(t) of such Act (as added by this section). 
(2) CONSULTATION.—In carrying out this sub-
section, the Administrator shall consult with rep-
resentatives of States, municipalities (as such term is 
defined in section 502 of the Federal Water Pollution 
Control Act), and other stakeholders and interested 
parties. 
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SEC. 8. REPORTS TO CONGRESS. 
Section 516(b)(1) of the Federal Water Pollution Con-
trol Act (33 U.S.C. 1375(b)(1)) is amended— 
(1) by striking ‘‘, of the cost of construction’’ and 
inserting ‘‘, of (i) the cost of construction’’; and 
(2) by striking ‘‘each of the States;’’ and insert-
ing ‘‘each of the States, and (ii) the costs to imple-
ment measures necessary to address the resilience and 
sustainability of publicly owned treatment works to 
manmade or natural disasters;’’. 
SEC. 9. INDIAN TRIBES. 
Section 518(c) of the Federal Water Pollution Control 
Act (33 U.S.C. 1377(c)) is amended— 
(1) by striking paragraphs (1) and (2) and in-
serting the following: 
‘‘(1) IN GENERAL.—For each fiscal year, the Ad-
ministrator shall reserve, of the funds made available 
to carry out title VI (before allotments to the States 
under section 604(a)), the greater of— 
‘‘(A) 2 percent of such funds; or 
‘‘(B) $30,000,000. 
‘‘(2) USE OF FUNDS.— 
‘‘(A) GRANTS.—Funds reserved under this 
subsection shall be available only for grants to 
entities described in paragraph (3) for— 
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‘‘(i) projects and activities eligible for 
assistance under section 603(c); and 
‘‘(ii) training, technical assistance, 
and educational programs relating to the 
operation and management of treatment 
works eligible for assistance pursuant to sec-
tion 603(c). 
‘‘(B) 
LIMITATION.—Not 
more 
than 
$2,000,000 of the reserved funds may be used for 
grants under subparagraph (A)(ii).’’; and 
(2) in paragraph (3)— 
(A) in the header, by striking ‘‘USE
OF 
FUNDS’’ and inserting ‘‘ELIGIBLE
ENTITIES’’; 
and 
(B) by striking ‘‘for projects and activities 
eligible for assistance under section 603(c) to 
serve’’ and inserting ‘‘to’’. 
SEC. 10. CAPITALIZATION GRANTS. 
Section 602(b) of the Federal Water Pollution Control 
Act (33 U.S.C. 1382(b)) is amended— 
(1) in paragraph (13)(B)— 
(A) in the matter preceding clause (i), by 
striking ‘‘and energy conservation’’ and insert-
ing ‘‘and efficient energy use (including through 
the implementation of technologies to recapture 
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and reuse energy produced in the treatment of 
wastewater)’’; and 
(B) in clause (iii), by striking ‘‘; and’’ and 
inserting a semicolon; 
(2) in paragraph (14), by striking the period at 
the end and inserting ‘‘; and’’ ; and 
(3) by adding at the end the following: 
‘‘(15) to the extent there are sufficient projects or 
activities eligible for assistance from the fund, with 
respect to funds for capitalization grants received by 
the State under this title and section 205(m) in each 
of fiscal years 2021 through 2025, the State will use 
not less than 15 percent of such funds for projects to 
address green infrastructure, water or energy effi-
ciency improvements, or other environmentally inno-
vative activities.’’. 
SEC. 11. WATER POLLUTION CONTROL REVOLVING LOAN 
FUNDS. 
Section 603(i) of the Federal Water Pollution Control 
Act (33 U.S.C. 1383(i)) is amended— 
(1) in paragraph (1)— 
(A) in the matter preceding subparagraph 
(A), by striking ‘‘, including forgiveness of prin-
cipal and negative interest loans’’ and inserting 
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‘‘(including in the form of forgiveness of prin-
cipal, negative interest loans, or grants)’’; and 
(B) in subparagraph (A)— 
(i) in the matter preceding clause (i), 
by striking ‘‘in assistance’’; and 
(ii) in clause (ii)(III), by striking ‘‘to 
such ratepayers’’ and inserting ‘‘to help 
such ratepayers maintain access to waste-
water and stormwater treatment services’’; 
and 
(2) by amending paragraph (3) to read as fol-
lows: 
‘‘(3) SUBSIDIZATION AMOUNTS.— 
‘‘(A) IN GENERAL.—A State may use for 
providing additional subsidization in a fiscal 
year under this subsection an amount that does 
not exceed the greater of— 
‘‘(i) 30 percent of the total amount re-
ceived by the State in capitalization grants 
under this title for the fiscal year; or 
‘‘(ii) the annual average over the pre-
vious 10 fiscal years of the amounts depos-
ited by the State in the State water pollu-
tion control revolving fund from State mon-
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eys that exceed the amounts required to be 
so deposited under section 602(b)(2). 
‘‘(B) MINIMUM.—For each of fiscal years 
2021 through 2025, to the extent there are suffi-
cient applications for additional subsidization 
under this subsection that meet the criteria 
under paragraph (1)(A), a State shall use for 
providing additional subsidization in a fiscal 
year under this subsection an amount that is not 
less than 10 percent of the total amount received 
by the State in capitalization grants under this 
title for the fiscal year.’’. 
SEC. 12. ALLOTMENT OF FUNDS. 
(a) FORMULA.—Section 604(a) of the Federal Water 
Pollution Control Act (33 U.S.C. 1384(a)) is amended by 
striking ‘‘each of fiscal years 1989 and 1990’’ and inserting 
‘‘each fiscal year’’. 
(b) WASTEWATER INFRASTRUCTURE WORKFORCE DE-
VELOPMENT.—Section 604 of the Federal Water Pollution 
Control Act (33 U.S.C. 1384) is amended by adding at the 
end the following: 
‘‘(d) WASTEWATER
INFRASTRUCTURE
WORKFORCE 
DEVELOPMENT.—A State may reserve each fiscal year up 
to 1 percent of the sums allotted to the State under this 
section for the fiscal year to carry out workforce develop-
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ment, training, and retraining activities described in sec-
tion 104(g).’’. 
SEC. 13. RESERVATION OF FUNDS FOR TERRITORIES OF 
THE UNITED STATES. 
Title VI of the Federal Water Pollution Control Act 
(33 U.S.C. 1381 et seq.) is amended by striking section 607 
and inserting the following: 
‘‘SEC. 607. RESERVATION OF FUNDS FOR TERRITORIES OF 
THE UNITED STATES. 
‘‘(a) IN GENERAL.— 
‘‘(1) RESERVATION.—For each fiscal year, the 
Administrator shall reserve 1.5 percent of available 
funds, as calculated in accordance with paragraph 
(2). 
‘‘(2) CALCULATION OF AVAILABLE FUNDS.—The 
amount of available funds shall be calculated by sub-
tracting the amount of any funds reserved under sec-
tion 518(c) from the amount of funds made available 
to carry out this title (before allotments to the States 
under section 604(a)). 
‘‘(b) USE OF FUNDS.—Funds reserved under this sec-
tion shall be available only for grants to American Samoa, 
the Commonwealth of the Northern Mariana Islands, 
Guam, and the Virgin Islands for projects and activities 
eligible for assistance under section 603(c). 
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‘‘(c) LIMITATION.—American Samoa, the Common-
wealth of the Northern Mariana Islands, Guam, and the 
Virgin Islands may not receive funds allotted under section 
604(a).’’. 
SEC. 14. AUTHORIZATION OF APPROPRIATIONS. 
Title VI of the Federal Water Pollution Control Act 
(33 U.S.C. 1381 et seq.) is amended by adding at the end 
the following: 
‘‘SEC. 609. AUTHORIZATION OF APPROPRIATIONS. 
‘‘There are authorized to be appropriated to carry out 
this title the following sums: 
‘‘(1) $2,400,000,000 for fiscal year 2021. 
‘‘(2) $2,600,000,000 for fiscal year 2022. 
‘‘(3) $2,800,000,000 for fiscal year 2023. 
‘‘(4) $3,000,000,000 for fiscal year 2024. 
‘‘(5) $3,200,000,000 for fiscal year 2025.’’. 
SEC. 15. TECHNICAL ASSISTANCE BY MUNICIPAL OMBUDS-
MAN. 
Section 4(b)(1) of the Water Infrastructure Improve-
ment Act (42 U.S.C. 4370j(b)(1)) is amended to read as 
follows: 
‘‘(1) technical and planning assistance to sup-
port municipalities, including municipalities that are 
rural, small, and tribal communities, in achieving 
and maintaining compliance with enforceable dead-
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lines, goals, and requirements of the Federal Water 
Pollution Control Act; and’’. 
SEC. 16. REPORT ON FINANCIAL CAPABILITY OF MUNICI-
PALITIES. 
(a) REVIEW.—The Administrator of the Environ-
mental Protection Agency shall conduct a review of existing 
implementation guidance of the Agency for evaluating the 
financial resources a municipality has available to imple-
ment the requirements of the Federal Water Pollution Con-
trol Act to determine whether, and if so, how, such guidance 
needs to be revised. 
(b) CONSIDERATIONS.—In conducting the review 
under subsection (a), the Administrator shall consider— 
(1) the report by the National Academy of Public 
Administration prepared for the Environmental Pro-
tection Agency entitled ‘‘Developing a New Frame-
work for Community Affordability of Clean Water 
Services’’, dated October 2017; 
(2) the report developed by the National Envi-
ronmental Justice Advisory Council entitled ‘‘EPA’s 
Role in Addressing the Urgent Water Infrastructure 
Needs of Environmental Justice Communities’’, dated 
August 2018, and made available on the website of 
the Administrator in March 2019; 
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(3) the report prepared for the American Water 
Works Association, the National Association of Clean 
Water Agencies, and the Water Environment Federa-
tion entitled ‘‘Developing a New Framework for 
Household Affordability and Financial Capability 
Assessment in the Water Sector’’, dated April 17, 
2019; 
(4) the recommendations of the Environmental 
Financial Advisory Board related to municipal fi-
nancial capability assessments, prepared at the re-
quest of the Administrator; and 
(5) any other information the Administrator 
considers appropriate. 
(c) ENGAGEMENT
AND
TRANSPARENCY.—In con-
ducting the review under subsection (a), the Administrator 
shall— 
(1) after providing public notice, consult with, 
and solicit advice and recommendations from, State 
and local governmental officials and other stake-
holders, including nongovernmental organizations; 
and 
(2) ensure transparency in the consultation proc-
ess. 
(d) REPORT.—Not later than 18 months after the date 
of enactment of this Act, the Administrator shall submit 
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to the Committee on Transportation and Infrastructure of 
the House of Representatives and the Committee on Envi-
ronment and Public Works of the Senate, and make publicly 
available, a report on the results of the review conducted 
under subsection (a), including any recommendations for 
revisions to the guidance. 
SEC. 17. REVIEW OF SECONDARY TREATMENT TECH-
NOLOGIES. 
(a) IN GENERAL.— 
(1) 
DEVELOPMENT
OF
DATA
COLLECTION 
MEANS.—Not later than 180 days after the date of en-
actment of this Act, the Administrator of the Envi-
ronmental Protection Agency shall publish in the Fed-
eral Register a notice to solicit public comment (in-
cluding the opportunity for public hearings and lis-
tening sessions) on the collection of data regarding the 
existing capabilities of publicly owned treatment 
works to reduce the effluent concentration of patho-
gens (or pathogen indicators) in the discharge of such 
treatment works, in order to determine an appro-
priate means to collect such data in a sufficient 
amount, and of a sufficient quality, to develop a rep-
resentational sample of such capabilities. 
(2) DATA
COLLECTION.—Not later than 18 
months after the date of enactment of this Act, the 
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Administrator shall publish in the Federal Register 
the data collection means determined appropriate 
pursuant to paragraph (1) and initiate the collection 
of data using such means. 
(3) DETERMINATION ON SECONDARY TREATMENT 
REGULATIONS.—Upon completion of data collection 
pursuant to paragraph (2), the Administrator shall 
make the data available to the public and make a de-
termination whether such data support a revision to 
the secondary treatment standard for pathogens (or 
pathogen indicators) pursuant to section 304(d)(1) of 
the Federal Water Pollution Control Act. 
(4) LIMITATION.—The Administrator may not 
propose or finalize any modifications to requirements 
pursuant to section 402 of the Federal Water Pollu-
tion Control Act related to wastewater blending, by-
pass, or peak wet weather discharges from publicly 
owned treatment works until after the date on which 
the Administrator makes a determination under 
paragraph (3). 
(b) DEFINITIONS.—In this section: 
(1) BYPASS.—The term ‘‘bypass’’ has the mean-
ing given that term in section 122.41(m) of title 40, 
Code of Federal Regulations. 
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Union Calendar No. 387 
116TH CONGRESS 
2D SESSION 
H. R. 1497 
[Report No. 116–484] 
A BILL 
To amend the Federal Water Pollution Control Act 
to reauthorize certain water pollution control pro-
grams, and for other purposes. 
SEPTEMBER 4, 2020 
Reported with an amendment; committed to the Com-
mittee of the Whole House on the State of the Union 
and ordered to be printed 
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