I
107TH CONGRESS
2D SESSION
H. R. 3792
To amend the Federal Water Pollution Control Act to authorize appropria-
tions for State water pollution control revolving funds, and for other
purposes.
IN THE HOUSE OF REPRESENTATIVES
FEBRUARY 26, 2002
Mrs. KELLY (for herself and Mrs. TAUSCHER) introduced the following bill;
which was referred to the Committee on Transportation and Infrastructure
A BILL
To amend the Federal Water Pollution Control Act to au-
thorize appropriations for State water pollution control
revolving funds, and for other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE; AMENDMENT OF FEDERAL
WATER POLLUTION CONTROL ACT.
(a) IN GENERAL.—This Act may be cited as the
‘‘Clean Water Infrastructure and Security Improvement
Act of 2002’’.
(b) AMENDMENT OF FEDERAL WATER POLLUTION
CONTROL ACT.—Except as otherwise expressly provided,
whenever in this Act an amendment or repeal is expressed
in terms of an amendment to, or repeal of, a section or
other provision, the reference shall be considered to be
made to a section or other provision of the Federal Water
Pollution Control Act (33 U.S.C. 1251–1387).
SEC. 
2. 
GENERAL 
AUTHORITY 
FOR 
CAPITALIZATION
GRANTS.
Section 601(a) (33 U.S.C. 1381(a)) is amended by
striking ‘‘(1) for construction’’ and all that follows
through the period and inserting ‘‘to accomplish the pur-
poses of this Act.’’.
SEC. 3. CAPITALIZATION GRANTS AGREEMENTS.
(a) REQUIREMENTS FOR CONSTRUCTION OF TREAT-
MENT
WORKS.—Section 
602(b)(6) 
(33 
U.S.C.
1382(b)(6)) is amended to read as follows:
‘‘(6) treatment works eligible under section
603(c)(1) of this Act constructed in whole or in part
with funds made available by a State water pollution
control revolving fund under this title and section
205(m) of this Act will meet the requirements of
section 513 of this Act in the same manner as treat-
ment works constructed with assistance under title
II of this Act;’’.
(b) ARCHITECTURAL
AND
ENGINEERING
CON-
TRACTS.—Section 
602(b) 
(33 
U.S.C. 
1382(b)) 
is
amended—
(1) by striking ‘‘and’’ at the end of paragraph
(9);
(2) by striking the period at the end of para-
graph (10) and inserting ‘‘; and’’; and
(3) by adding at the end the following:
‘‘(11) the State will require that each contract
and subcontract for program management, construc-
tion management, planning studies, feasibility stud-
ies, architectural services, preliminary engineering,
design, engineering, surveying, mapping, and related
services entered into using amounts from the fund
will be awarded in the same way that a contract for
architectural and engineering services is awarded
under title IX of the Federal Property and Adminis-
trative Services Act of 1949 (40 U.S.C. 541 et seq.),
or an equivalent qualifications-based requirement
prescribed by the State, except that such an award
shall not be construed as conferring a proprietary in-
terest upon the United States.’’.
(c) GUIDANCE FOR SMALL SYSTEMS.—Section 602
(33 U.S.C. 1382) is amended by adding at the end the
following:
‘‘(c) GUIDANCE FOR SMALL SYSTEMS.—
‘‘(1) SIMPLIFIED PROCEDURES.—Not later than
1 year after the date of enactment of this sub-
section, the Administrator shall assist the States in
establishing simplified procedures for small systems
to obtain assistance under this title.
‘‘(2) PUBLICATION
OF
MANUAL.—Not later
than 1 year after the date of enactment of this sub-
section, and after providing notice and opportunity
for public comment, the Administrator shall publish
a manual to assist small systems in obtaining assist-
ance under this title and publish in the Federal Reg-
ister notice of the availability of the manual.
‘‘(3) SMALL SYSTEM DEFINED.—For purposes
of this title, the term ‘small system’ means a system
for which a municipality or intermunicipal, inter-
state, or State agency seeks assistance under this
title and which serves a population of 10,000 or
less.’’.
SEC. 4. WATER POLLUTION CONTROL REVOLVING FUNDS.
(a) ACTIVITIES ELIGIBLE FOR ASSISTANCE.—Sec-
tion 603(c) (33 U.S.C. 1383(c)) is amended to read as
follows:
‘‘(c) ACTIVITIES ELIGIBLE FOR ASSISTANCE.—
‘‘(1) IN
GENERAL.—The amounts of funds
available to each State water pollution control re-
volving fund shall be used only for providing finan-
cial assistance to activities that have as a principal
benefit the improvement or protection of water qual-
ity of navigable waters to a municipality, intermunic-
ipal agency, interstate agency, State agency, or
other person. Such activities may include the fol-
lowing:
‘‘(A) Construction of a publicly owned
treatment works.
‘‘(B) Implementation of lake protection
programs and projects under section 314.
‘‘(C) Implementation of a management
program under section 319.
‘‘(D) Implementation of a conservation and
management plan under section 320.
‘‘(E) Restoration or protection of publicly
or privately owned riparian areas, including ac-
quisition of property rights.
‘‘(F) Implementation of measures to pro-
mote beneficial reuse of wastewater.
‘‘(G) Development and implementation of
plans by a public recipient to prevent water pol-
lution.
(h) FINANCIALLY DISTRESSED COMMUNITIES.—Sec-
tion 603 is amended by adding at the end the following:
‘‘(i) FINANCIALLY DISTRESSED COMMUNITIES.—
‘‘(1) GRANTS.—
‘‘(A) IN GENERAL.—In any fiscal year in
which the Administrator has available for obli-
gation more than $1,400,000,000 for the pur-
poses of this title, a State shall make grants to
financially distressed communities in the State
in an amount equal to 25 percent of the dif-
ference between—
‘‘(i) the total amount that would have
been allotted to the State under section
604 for such fiscal year if the amount
available to the Administrator for obliga-
tion under this title for such fiscal year
had been equal to $1,400,000,000; and
‘‘(ii) the total amount allotted to the
State under section 604 for such fiscal
year.
‘‘(B) PERIOD OF AVAILABILITY.—Notwith-
standing section 604(c), amounts to be used by
a State under this paragraph for making grants
to financially distressed communities shall re-
main available to the State until expended.
‘‘(C) CERTIFICATION.—A State may make
a grant to a financially distressed community
under this paragraph only if the community
certifies to the State that the amounts of the
grant will be used to improve water quality.
‘‘(2) PRIORITY FOR LOANS.—A State may give
priority to a financially distressed community in
making loans from its water pollution control revolv-
ing fund.
‘‘(3) FINANCIALLY
DISTRESSED
COMMUNITY
DEFINED.—In this section, the term ‘financially dis-
tressed community’ means any community that
meets affordability criteria established by the State
in which the treatment works is located, if such cri-
teria are developed after public review and comment.
‘‘(4) INFORMATION
TO
ASSIST
STATES.—The
Administrator may publish information to assist
States in establishing affordability criteria under
paragraph (3).’’.
(i) DESIGN-BUILD.—Section 603 is further amended
by adding at the end the following:
‘‘(j) DESIGN-BUILD.—
‘‘(1) IN GENERAL.—To the extent permitted by
State law, a recipient of financial assistance from a
State’s water pollution control revolving fund may
use the design-build project delivery method for any
project for the design and construction of a publicly
owned treatment works or other infrastructure facil-
ity receiving such assistance.
‘‘(2) SELECTION
PROCEDURES.—In carrying
out a project using the design-build project delivery
method, a recipient described in paragraph (1) shall
use the design-build selection procedures established
under section 303M of the Federal Property and
Administrative Services Act of 1949 (41 U.S.C.
253m).
‘‘(3) DESIGN-BUILD
DEFINED.—In this sub-
section, the term ‘design-build’ means an agreement
between a recipient described in paragraph (1) and
a contractor that provides for the design and con-
struction of a publicly owned treatment works or
other infrastructure facility under a single con-
tract.’’.
SEC. 5. AUTHORIZATION OF APPROPRIATIONS.
Section 607 (33 U.S.C. 1387) is amended by striking
paragraphs (1) through (5) and inserting the following:
‘‘(1) $3,000,000,000 for fiscal year 2003;
‘‘(2) $4,000,000,000 for fiscal year 2004;
‘‘(3) $5,000,000,000 for fiscal year 2005;
‘‘(4) $6,000,000,000 for fiscal year 2006; and
‘‘(5) $7,000,000,000 for fiscal year 2007.’’.
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