shall report to Congress on the actions taken by
the Administrator under subparagraph (C).
‘‘(4) GUIDANCE.—Not later than 1 year after
the date of the enactment of this subparagraph, the
Administrator shall publish guidance for States to
assist in the designation and protection of outstand-
ing national resource waters, including a description
of necessary short-term or temporary exceedances of
the antidegradation policy with respect to such
waters.’’.
SEC. 303. MIXING ZONES.
Section 303 (33 U.S.C. 1313) is further amended by
inserting before subsection (h), as redesignated by section
301 of this Act, the following:
‘‘(g) MIXING ZONES.—
‘‘(1) LIST.—The Administrator shall establish,
by regulation, a list of persistent, acutely toxic, or
bioaccumulative chemicals which pose a sufficient
risk to human health and the environment that the
use of mixing zones with respect to such chemicals
should be restricted or prohibited.
‘‘(2) PROHIBITION OR RESTRICTION ON USE OF
MIXING ZONES.—The Administrator may issue regu-
lations to prohibit or restrict the use of mixing zones
with respect to chemicals included on the list estab-
lished pursuant to paragraph (1).
‘‘(3) APPLICABILITY.—Any prohibition or re-
striction established pursuant to paragraph (2) shall
only apply to permits issued under section 402 after
the last day of the 5-year period beginning on the
date of the enactment of this subsection.
‘‘(4) LIMITATION
ON
STATUTORY
CONSTRUC-
TION.—Nothing in this subsection shall be construed
as limiting or otherwise affecting any authority of
the Administrator or a State regarding the use of
mixing zones.’’.
SEC. 304. GUIDANCE ON WATER QUALITY STANDARDS FOR
ARID AREAS.
Section 304(a) (33 U.S.C. 1314(a)) is amended by
adding at the end the following:
‘‘(9) GUIDANCE
ON
STANDARDS
FOR
ARID
AREAS.—Not later than 1 year after the date of the
enactment of this paragraph, the Administrator shall
develop and publish guidance to the States on devel-
opment and adoption of water quality standards ap-
plicable to arid areas.’’.
SEC. 305. EFFLUENT LIMITATIONS.
Section 304 (33 U.S.C. 1314) is amended by adding
at the end the following:
‘‘(n) EFFLUENT
LIMITATIONS
FOR
DISCHARGES
INTO GROUND WATERS.—Not later than 1 year after the
date of the enactment of this subsection, the Adminis-
trator shall, after consultation with appropriate Federal
and State agencies and other interested persons, publish
regulations providing guidance for effluent limitations for
discharges into the ground or ground water that are sub-
ject 
to 
permit 
requirements 
pursuant 
to 
section
402(r)(1).’’.
SEC. 306. WATER QUALITY REPORTS.
(a) EFFECTIVENESS
OF MUNICIPAL
AND INDUS-
TRIAL
STORMWATER
PERMIT
PROGRAM.—Section
305(b)(1) (33 U.S.C. 1315(b)(1)) is amended—
(1) by striking ‘‘and’’ at the end of subpara-
graph (D);
(2) by striking the period at the end of sub-
paragraph (E); and
(3) by inserting after subparagraph (E) the fol-
lowing:
‘‘(F) an assessment of the effectiveness of the
municipal and industrial stormwater permit program
being carried out under section 402 (including an
assessment of management measures being imple-
mented under such program) and the progress being
made toward attainment of water quality standards
under this Act through the implementation of such
program; and’’.
(b) 
QUALITY
OF
GROUND
WATER.—Section
305(b)(1) is further amended by adding at the end the
following:
‘‘(G) a description of the quality of the ground
water in such State and an evaluation of how the
pollution of ground water, surface water, aquatic
sediment, and wetlands in such State are related.’’.
(c) BIENNIAL REPORTS; LISTING OF NONATTAIN-
MENT
WATERS.—Section 
305(b)(2) 
(33 
U.S.C.
1315(b)(2)) is amended by striking ‘‘transmit’’ and all
that follows through the period at the end and inserting
the following: ‘‘transmit to Congress on or before October
1, 1976, and biennially thereafter such State reports, to-
gether with an analysis thereof. The Administrator may
add, to the list of waters in a State which are not meeting
applicable water quality standards under this Act, any
other waters in the State which are not meeting applicable
water quality standards under this Act.’’.
SEC. 307. CITIZEN WATER QUALITY MONITORING PRO-
GRAM.
Section 305 (33 U.S.C. 1315) is further amended by
adding at the end the following:
‘‘(c) CITIZEN WATER QUALITY MONITORING PRO-
GRAM.—
‘‘(1) IN
GENERAL.—The Administrator shall
allow a State to use not more than 5 percent of the
amount made available to the State under section
319(h) in any fiscal year beginning after the date of
the enactment of this subsection or $100,000
(whichever amount is greater for such fiscal year) to
establish and carry out a citizen water quality mon-
itoring program in accordance with this subsection.
‘‘(2) IMPLEMENTATION.—A State may carry
out a citizen water quality monitoring program
under this subsection either directly or by entering
into cooperative agreements or contracts with appro-
priate organizations, including educational institu-
tions.
‘‘(3) PARTICIPATION.—Water quality monitor-
ing under a citizen water quality monitoring pro-
gram under this subsection shall be conducted by
program participants with appropriate qualifications
and training.
‘‘(4) TRAINING.—A citizen water quality mon-
itoring program under this subsection shall provide
for the training and evaluation of all program par-
ticipants. Such training and evaluation shall be car-
ried out as a continuing component of the program
in order to ensure the reliability of data collected
under the program.
‘‘(5) QUALITY
ASSURANCE.—In conducting a
citizen water quality monitoring program under this
subsection, a State shall use quality assurance con-
trol procedures described in the guidance to be de-
veloped by the Administrator pursuant to paragraph
(8) or equivalent procedures developed by the State.
‘‘(6) USE OF DATA.—Data obtained under a
citizen water quality monitoring program under this
subsection may be used to obtain information re-
quired under subparagraphs (A) and (E) of sub-
section (b)(1) and to develop and implement a
nonpoint source management program under section
319 or a watershed management program under sec-
tion 322.
‘‘(7) AVAILABILITY
OF
DATA.—A State shall
make the data collected under a citizen water quality
monitoring program under this subsection available
for public review.
‘‘(8) GUIDANCE.—The Administrator shall de-
velop and publish guidance to assist States in devel-
oping, planning, and implementing citizen water
quality monitoring programs under this subsection,
including protocols on quality assurance and quality
control.’’.
SEC. 308. TOXIC POLLUTANTS.
(a) LISTING
OF
TOXIC
POLLUTANTS.—Section
307(a)(1) (33 U.S.C. 1317(a)(1)) is amended—
(1) by inserting ‘‘bioaccumulation potential,’’
after ‘‘degradability,’’; and
(2) by inserting ‘‘the magnitude and risk of ex-
posure to the pollutant,’’ after ‘‘organisms,’’.
(b) 
TOXIC
EFFLUENT
STANDARDS.—Section
307(a)(2) (33 U.S.C. 1317(a)(2)) is amended to read as
follows:
‘‘(2) TOXIC EFFLUENT STANDARDS.—
‘‘(A) GENERAL
RULE.—Each toxic pollutant
listed in accordance with paragraph (1) of this sub-
section shall be subject to effluent limitations result-
ing from the application of the best available tech-
nology economically achievable for the applicable cat-
egory or class of point sources established in accord-
ance with sections 301(b)(2)(A) and 304(b)(2) of
this Act.
‘‘(B) PUBLICATION AND APPLICABILITY.—The
Administrator may publish in the Federal Register
a proposed effluent standard (which may include a
prohibition) establishing requirements for a toxic
pollutant which, if an effluent limitation is applicable
to a class or category of point sources, shall be ap-
plicable to such category or class only if such stand-
ard imposes more stringent requirements.
‘‘(C) FACTORS.—The published effluent stand-
ard (or prohibition) shall take into account—
‘‘(i) the pollutant’s persistence, toxicity,
degradability, and bioaccumulation potential;
‘‘(ii) the magnitude and risk of exposure to
the pollutant, including risks to affected orga-
nisms and the importance of such organisms;
‘‘(iii) the relative contribution of point
source discharges of the pollutant to the overall
risk from the pollutant;
‘‘(iv) the availability of, and risk posed by,
substitute chemicals or processes or the avail-
ability of treatment processes or control tech-
nology;
‘‘(v) the beneficial and adverse social and
economic effects of the effluent standard, in-
cluding the impact on energy resources;
‘‘(vi) the extent to which effective control
is being or may be achieved in an expeditious
manner under other regulatory authorities;
‘‘(vii) the impact on national security inter-
ests; and
‘‘(viii) such other factors as the Adminis-
trator deems appropriate.
‘‘(D) COMMENT
PERIOD.—The Administrator
shall allow a period of not less than 90 days follow-
ing publication of any such proposed effluent stand-
ard (or prohibition) for written comment by inter-
ested persons on such proposed standard.
‘‘(E) PROMULGATION.—After consideration of
any comments on the proposed standard (or prohibi-
tion), the Administrator shall promulgate such
standard (or prohibition) with such modifications as
the Administrator finds are justified. Such promul-
gation by the Administrator shall be made as expedi-
tiously as possible, but not later than 365 days,
after publication of the proposed standard (or prohi-
bition).
‘‘(F) FINALITY.—A promulgated standard (or
prohibition) shall be final; except that if, on judicial
review, such standard is determined to be arbitrary
and capricious, an abuse of discretion, or otherwise
not in accordance with law, the Administrator shall
promulgate a revised standard.
‘‘(G) DEADLINE.—Effluent limitations shall be
established in accordance with sections 301(b)(2)(A)
and 304(b)(2) for every toxic pollutant referred to in
table 1 of Committee Print Numbered 95–30 of the
Committee on Public Works and Transportation of
the House of Representatives as soon as practicable
after the date of the enactment of the Clean Water
Act of 1977, but no later than July 1, 1980. Efflu-
ent limitations or effluent standards (or prohibi-
tions) shall be established for every other toxic pol-
lutant listed under paragraph (1) of this subsection
as soon as practicable after it is so listed.’’.
(c) PROCEDURE FOR PETITIONING EPA.—Section
307(a) (33 U.S.C. 1317(a)) is further amended by adding
at the end the following:
‘‘(8) PROCEDURE FOR PETITIONING EPA.—
‘‘(A) GENERAL AUTHORITY.—Any person
may petition the Administrator to limit or pro-
hibit discharges of toxic pollutants or classes of
toxic pollutants which contribute to water qual-
ity impairment.
‘‘(B) CONTENTS OF PETITION.—A petition
submitted to the Administrator under this para-
graph shall contain such information as the Ad-
ministrator may require by regulation, including
information on each of the factors listed in
paragraph (2)(C).
‘‘(C) ACTION
OF
ADMINISTRATOR.—The
Administrator may deny a petition submitted
under this paragraph based on the information
contained in the petition and such other infor-
mation as may be available to the Adminis-
trator or may initiate a rulemaking proceeding
to limit discharges of toxic pollutants, including
prohibition of discharges of toxic pollutants. If
the Administrator determines that there is not
sufficient information to approve or deny the
petition, the Administrator may request the pe-
titioner to submit such additional information
as may be necessary.
‘‘(D) FACTORS TO CONSIDER.—In deter-
mining whether or not to approve or deny a pe-
tition under this paragraph, the Administrator
shall consider the factors listed in paragraph
(2)(C).’’.
(d) FEDERAL ESTABLISHMENT OF CHEMICAL-SPE-
CIFIC NUMERIC WATER QUALITY CRITERIA.—Section
303(c) (33 U.S.C. 1313(c)) is amended by adding at the
end the following:
‘‘(5) 
CHEMICAL-SPECIFIC
NUMERIC
WATER
QUALITY CRITERIA.—If the Administrator issues, by
regulation, chemical-specific numeric water quality
criteria for toxic pollutants under section 304(a) and
if a State has not adopted water quality standards
for navigable waters under the jurisdiction of the
State including such criteria before the last day of
the 3-year period beginning on the date of issuance
of such criteria, such criteria—
‘‘(A) shall be treated for purposes of Fed-
eral and State law as if such criteria were
adopted by the State as a water quality stand-
ard for such waters; and
‘‘(B) if the State has established des-
ignated uses for such waters, such criteria shall
be applied consistent with the designated
uses.’’.
(e) WATER QUALITY CRITERIA.—Section 304(a) (33
U.S.C. 1314(a)) is amended by adding at the end the fol-
lowing:
‘‘(9) WATER QUALITY CRITERIA FOR POLLUT-
ANTS FROM NONPOINT SOURCES.—Not later than 3
years after the date of the enactment of this para-
graph, the Administrator shall develop and publish
under paragraph (1) additional criteria for water
quality with respect to pollutants entering navigable
waters with an emphasis on pollutants entering such
waters from nonpoint sources.’’.
(f) FISH CONSUMPTION ADVISORIES.—Section 304
(33 U.S.C. 1314) is amended by adding at the end the
following:
‘‘(n) FISH CONSUMPTION ADVISORIES.—After con-
sultation with appropriate Federal and State agencies, the
Administrator may develop and issue guidance that States
may use—
‘‘(1) in issuing fish consumption advisories;
‘‘(2) in developing a monitoring program for
contaminants in fish and shellfish; and
‘‘(3) in issuing scientific protocols for testing
contamination levels of fish.’’.
(g) BEACH WATER QUALITY MONITORING.—
(1) IN
GENERAL.—Section 304 is further
amended by adding at the end the following:
‘‘(o) BEACH WATER QUALITY MONITORING.—After
consultation with appropriate Federal and State agencies,
the Administrator may develop and issue guidance that
States may use in monitoring water quality at beaches and
issuing health advisories with respect to beaches, including
testing protocols, recommendations on frequency of test-
ing and monitoring, recommendations on pollutants for
which monitoring and testing should be conducted, and
recommendations on when health advisories should be is-
sued.’’.
(2) REPORTS.—Section 516(a) (33 U.S.C.
1375(a)) is amended by striking ‘‘and (9)’’ and in-
serting ‘‘(9) the monitoring conducted by States on
the water quality of beaches and the issuance of
health advisories with respect to beaches, and (10)’’.
(h) CURRENT STATE OF SCIENTIFIC KNOWLEDGE
ON CERTAIN CHEMICALS.—
(1) NAS STUDY.—The National Academy of
Sciences shall conduct a study on the current sci-
entific knowledge of those chemicals which are
present in waters of the United States and for which
there is evidence that exposure to such chemicals
may result in endocrine, immune, or nervous system
or developmental health effects in humans, fish, or
wildlife, including evidence that exposure to such
chemicals may increase the incidence of breast and
other cancers, decrease sperm count, or impair re-
production.
(2) REPORT.—Not later than 3 years after the
date of the enactment of this Act, the National
Academy of Sciences shall transmit to Congress a
report on the results of the study conducted under
this subsection, including recommendations for any
actions which the National Academy of Science de-
termines are appropriate based on such results.
SEC. 309. FEDERAL ENFORCEMENT.
(a) VIOLATIONS
OF LOCAL PRETREATMENT RE-
QUIREMENTS.—Section 307(d) (33 U.S.C. 1317(d)) is
amended to read as follows:
‘‘(d) VIOLATIONS.—After the effective date of any ef-
fluent standard or prohibition or pretreatment standard
promulgated under this section or any requirement im-
posed in a pretreatment program approved under section
402(a)(3) or 402(b)(8) of this Act, it shall be unlawful
for any owner or operator of any source to operate any
source in violation of any such effluent standard or prohi-
bition, pretreatment standard, or requirement.’’.
(b) INSPECTIONS, MONITORING, AND ENTRY.—Sec-
tion 308(a) (33 U.S.C. 1318(a)) is amended by inserting
after ‘‘(A) the Administrator shall require the owner or
operator of any point source’’ the following: ‘‘, any indirect
discharger, and any other person who may have informa-
tion relating to compliance with this Act’’.
(c) ENFORCEMENT OF LOCAL PRETREATMENT RE-
QUIREMENTS.—
(1) GENERAL AUTHORITY.—Section 309(a)(1)
(33 U.S.C. 1319(a)(1)) is amended by inserting
after ‘‘404 of this Act,’’ the following: ‘‘or is in vio-
lation of any requirement imposed in a pretreatment
program approved under section 402(a)(3) or
402(b)(8) of this Act,’’.
(2) ISSUANCE OF ORDERS.—Section 309(a)(3)
(33 U.S.C. 1319(a)(3)) is amended by inserting
after ‘‘404 of this Act by a State,’’ the following: ‘‘or
is in violation of any requirement imposed in a
pretreatment 
program 
approved 
under 
section
402(a)(3) or 402(b)(8) of this Act,’’.
(3) 
CRIMINAL
PENALTIES.—Section
309(c)(3)(A) (33 U.S.C. 1319(c)(3)(A)) is amended
by inserting after ‘‘Army or by a State,’’ the follow-
ing: ‘‘or knowingly violates any requirement imposed
in a pretreatment program approved under section
402(a)(3) or 402(b)(8) of this Act,’’.
(4) 
ADMINISTRATIVE
PENALTIES.—Section
309(g)(1)(A) (33 U.S.C. 1319(g)(1)(A)) is amended
by inserting after ‘‘404 by a State,’’ the following:
‘‘or has violated any requirement imposed in a
pretreatment 
program 
approved 
under 
section
402(a)(3) or 402(b)(8) of this Act, or has violated
an order issued by the Administrator under sub-
section (a) of this section or section 504 of this
Act,’’.
(5) CITIZEN SUITS.—Section 505(f) (33 U.S.C.
1365(f)) is amended—
(A) by striking ‘‘or’’ before ‘‘(7)’’; and
(B) by striking the last comma and insert-
ing the following: ‘‘; (8) any requirement im-
posed in a pretreatment program approved
under section 402(a)(3) or 402(b)(8) of this
Act; or (9) a permit or any condition thereof is-
sued by the Secretary of the Army or a State
under section 404 of this Act’’.
(d) CIVIL ACTIONS COMMENCED BY THE ADMINIS-
TRATOR.—Section 309(b) (33 U.S.C. 1319(b)) is amend-
ed—
(1) by inserting after the first sentence the fol-
lowing: ‘‘Such injunctive relief may include an order
to require remedial measures or an environmental
audit.’’;
(2) by striking ‘‘and to require compliance’’ and
inserting ‘‘, to require compliance, and to provide
other appropriate relief’’; and
(3) by inserting before the last sentence the fol-
lowing: ‘‘A district court may issue a permanent in-
junction in any such action based solely upon a find-
ing that a violation has occurred.’’.
(e) MAXIMUM TERM OF IMPRISONMENT FOR KNOW-
ING
VIOLATIONS.—Section 
309(c)(2) 
(33 
U.S.C.
1319(c)(2)) is amended—
(1) by striking ‘‘3 years’’ and inserting ‘‘5
years’’; and
(2) by striking ‘‘6 years’’ and inserting ‘‘10
years’’.
(f) 
KNOWING
ENDANGERMENT.—Section
309(c)(3)(A) (33 U.S.C. 1319(c)(3)(A)) is amended by
striking ‘‘he thereby’’ and inserting ‘‘, in connection with
or in the course of committing the violation, the person’’.
(g) FALSE STATEMENTS.—
(1) KNOWING
OMISSIONS.—Section 309(c)(4)
(33 U.S.C. 1319(c)(4)) is amended by inserting
after ‘‘Any person who knowingly’’ the following:
‘‘omits required material information or’’.
(2) MAXIMUM PUNISHMENT FOR FIRST CONVIC-
TIONS.—Section 309(c)(4) (33 U.S.C. 1319(c)(4)) is
amended—
(A) by striking ‘‘$10,000’’ and inserting
‘‘$50,000’’; and
(B) by striking ‘‘2 years’’ and inserting ‘‘5
years’’.
(3) MAXIMUM PUNISHMENT FOR SUBSEQUENT
CONVICTIONS.—Section 
309(c)(4) 
(33 
U.S.C.
1319(c)(4)) is amended—
(A) by striking ‘‘$20,000 per day of viola-
tion’’ and inserting ‘‘$100,000 per violation’’;
and
(B) by striking ‘‘4 years’’ and inserting
‘‘10 years’’.
(h) SHARING OF FINES IN CRIMINAL ACTIONS.—
(1) IN GENERAL.—Section 309(c) (33 U.S.C.
1319(c)) is amended by redesignating paragraphs
(6) and (7) as paragraphs (7) and (8), respectively,
and by inserting after paragraph (5) the following:
‘‘(6) SHARING
OF
FINES.—Upon the rec-
ommendation of the United States, and in accord-
ance with such recommendation, a court may issue
an order requiring that a portion of the amounts as-
sessed by the court in criminal fines under this sub-
section for a violation be paid—
‘‘(A) to any person as an award for provid-
ing information leading to the arrest and con-
viction of a person for the violation; and
‘‘(B) to any State, municipality, or other
political subdivision for providing material sup-
port in the prosecution of the violation.’’.
(3) DETERMINATION
OF
AMOUNT.—Section
309(g)(3) (33 U.S.C. 1319(g)(3)) is amended by in-
serting after ‘‘resulting from the violation,’’ the fol-
lowing: ‘‘the amount of any penalty previously im-
posed on the violator by a court or administrative
agency for the same violation or violations,’’.
(4) PUBLIC
NOTICE.—Section 309(g)(4) (33
U.S.C. 1319(g)(4)) is amended—
(A) in subparagraph (A) by inserting
‘‘class II’’ before ‘‘civil penalty’’;
(B) in subparagraphs (B) and (C) by in-
serting ‘‘class II’’ before ‘‘penalty’’ the first
place it appears; and
(C) in subparagraph (C) by striking ‘‘para-
graph (2)(A) in the case of a class I civil pen-
alty and’’.
(5) 
LIMITATION
ON
ACTIONS.—Section
309(g)(6)(A) (33 U.S.C. 1319(g)(6)(A)) is amend-
ed—
(A) in clause (i) by inserting ‘‘or’’ at the
end;
(B) by striking clause (ii) and redesignat-
ing clause (iii) as clause (ii);
(C) in clause (ii), as so redesignated, by
striking ‘‘, the Secretary, or the State’’ and in-
serting ‘‘or the Secretary’’; and
(D) in clause (ii), as so redesignated, by
striking ‘‘or such comparable State law, as the
case may be,’’.
(l) RECOVERY OF ECONOMIC BENEFIT.—Section 309
(33 U.S.C. 1319) is amended by adding at the end the
following:
‘‘(h) RECOVERY OF ECONOMIC BENEFIT.—
‘‘(1) CIVIL PENALTIES.—
‘‘(A) GENERAL RULE.—The amount of any
civil penalty determined and assessed by a court
for a violation in a civil action commenced
under this section shall not be less than the
amount of the economic benefit (if any) to the
violator resulting from the violation.
‘‘(B) MAXIMUM
AMOUNT.—The require-
ment of subparagraph (A) shall apply even if
the amount of economic benefit described in
subparagraph (A) is greater than the amount of
the maximum penalty for the violation other-
wise established by this section.
‘‘(2) ADMINISTRATIVE PENALTIES.—
‘‘(A) GENERAL RULE.—The amount of any
administrative penalty determined and assessed
by the Administrator or the Secretary of the
Army for a violation in an administrative action
commenced under this section shall not be less
than the amount of the economic benefit (if
any) to the violator resulting from the violation.
‘‘(B) MAXIMUM
AMOUNT.—The require-
ment of subparagraph (A) shall apply only if
the amount of economic benefit described in
subparagraph (A) is less than the amount of
the maximum administrative penalty for the
violation established by this section. If the
amount of such economic benefit is greater than
the amount of such maximum penalty, then the
amount of the penalty assessed for the violation
shall be equal to such maximum penalty.
‘‘(3) REGULATIONS.—The Administrator shall
propose regulations on methods to determine eco-
nomic benefit for purposes of this section not later
than 180 days after the date of the enactment of
this subsection and shall issue final regulations on
such methods not later than 18 months after such
date of enactment.
‘‘(4) PUBLICLY OWNED TREATMENT WORKS.—
This subsection shall not apply to a penalty assessed
against a treatment works (as defined by section
212 of this Act) which is publicly owned.’’.
(m) PENALTY FUND.—
(1) ESTABLISHMENT.—Section 309 is further
amended by adding at the end the following:
‘‘(i) PENALTY FUND.—Amounts received by the
United States as a penalty or fine under this Act shall
be deposited into a special fund in the Treasury of the
United States. The Administrator shall annually report to
Congress on the sums deposited into the fund, the sources
thereof, and the actual and proposed uses thereof.’’.
(2) AUTHORIZATION
OF
APPROPRIATIONS.—
Section 607 (33 U.S.C. 1387) is amended by insert-
ing ‘‘(a) IN GENERAL.—’’ before ‘‘There is’’; and by
adding at the end the following:
‘‘(b) FROM PENALTY FUND.—Amounts in the fund
established under section 309(i) are authorized to be ap-
propriated to carry out the purposes of this Act and shall
remain available until expended.’’.
(n) FEDERAL PROCUREMENT.—Section 508(a) (33
U.S.C. 1368(a)) is amended by adding at the end the fol-
lowing: ‘‘The Administrator may extend the prohibition to
other facilities owned or operated by the convicted
person.’’.
(o) ISSUANCE
OF SUBPOENAS
BY
THE ADMINIS-
TRATOR.—Section 509(a)(1) (33 U.S.C. 1369(a)(1)) is
amended by inserting ‘‘or 308’’ after ‘‘section 305’’.
(p) LIMITATION
ON JUDICIAL REVIEW.—Section
509(b)(2) (33 U.S.C. 1369(b)(2)) is amended by inserting
after ‘‘this subsection’’ the following: ‘‘and an action of
a State in issuing or denying a permit under section 402
with respect to which review could have been obtained
under comparable provisions of State law’’.
SEC. 310. FEDERAL FACILITIES.
(a) APPLICATION OF CERTAIN PROVISIONS.—Section
313(a) (33 U.S.C. 1323(a)) is amended by striking all
preceding subsection (b) and inserting the following:
‘‘SEC. 313. FEDERAL FACILITIES POLLUTION CONTROL.
‘‘(a) APPLICABILITY OF FEDERAL, STATE, INTER-
STATE, AND LOCAL LAWS.—
‘‘(1) IN GENERAL.—Each department, agency,
or instrumentality of the executive, legislative, and
judicial branches of the Federal Government—
‘‘(A) having jurisdiction over any property
or facility, or
‘‘(3) PENALTIES
AND
FINES.—The Federal,
State, interstate, and local substantive and proce-
dural requirements, administrative authority, and
process and sanctions referred to in paragraph (1)
include all administrative orders and all civil and ad-
ministrative penalties and fines, regardless of wheth-
er such penalties or fines are punitive or coercive in
nature or are imposed for isolated, intermittent, or
continuing violations.
‘‘(4) SOVEREIGN IMMUNITY.—
‘‘(A) WAIVER.—The United States hereby
expressly waives any immunity otherwise appli-
cable to the United States with respect to any
requirement, 
administrative 
authority, 
and
process and sanctions referred to in paragraph
(1) (including any injunctive relief, any admin-
istrative order, any civil or administrative pen-
alty or fine referred to in paragraph (3), or any
reasonable service charge).
‘‘(B) PROCESSING FEES.—The reasonable
service charges referred to in this paragraph in-
cludes fees or charges assessed in connection
with the processing and issuance of permits, re-
newal of permits, amendments to permits, re-
view of plans, studies, and other documents,
and inspection and monitoring of facilities, as
well as any other nondiscriminatory charges
that are assessed in connection with a Federal,
State, interstate, or local water pollution regu-
latory program.
‘‘(5) EXEMPTIONS.—
‘‘(A) GENERAL
AUTHORITY
OF
PRESI-
DENT.—The President may exempt any effluent
source of any department, agency, or instru-
mentality in the executive branch from compli-
ance with any requirement to which paragraph
(1) applies if the President determines it to be
in the paramount interest of the United States
to do so; except that no exemption may be
granted from the requirements of section 306
or 307 of this Act.
‘‘(B) LIMITATION.—No exemptions shall
be granted under subparagraph (A) due to lack
of appropriation unless the President shall have
specifically requested such appropriation as a
part of the budgetary process and the Congress
shall have failed to make available such re-
quested appropriation.
‘‘(C) TIME PERIOD.—Any exemption under
subparagraph (A) shall be for a period not in
excess of 1 year, but additional exemptions may
be granted for periods of not to exceed 1 year
upon the President’s making a new determina-
tion.
‘‘(D) MILITARY PROPERTY.—In addition to
any exemption of a particular effluent source,
the President may, if the President determines
it to be in the paramount interest of the United
States to do so, issue regulations exempting
from compliance with the requirements of this
section any weaponry, equipment, aircraft, ves-
sels, vehicles, or other classes or categories of
property, and access to such property, which
are owned or operated by the Armed Forces of
the United States (including the Coast Guard)
or by the National Guard of any State and
which are uniquely military in nature. The
President shall reconsider the need for such
regulations at 3-year intervals.
‘‘(E) REPORTS.—The President shall re-
port each January to the Congress all exemp-
tions from the requirements of this section
granted during the preceding calendar year, to-
gether with the President’s reason for granting
such exemption.
‘‘(6) VENUE.—Nothing in this section shall be
construed to prevent any department, agency, or in-
strumentality of the Federal Government, or any of-
ficer, agent, or employee thereof in the performance
of official duties, from removing to the appropriate
Federal district court any proceeding to which the
department, agency, or instrumentality or officer,
agent, or employee thereof is subject pursuant to
this section, and any such proceeding may be re-
moved in accordance with chapter 89 of title 28,
United States Code.
‘‘(7) PERSONAL
LIABILITY
OF
FEDERAL
EM-
PLOYEES.—No agent, employee, or officer of the
United States shall be personally liable for any civil
penalty under any Federal, State, interstate, or local
water pollution law with respect to any act or omis-
sion within the scope of the official duties of the
agent, employee, or officer.
‘‘(8) CRIMINAL
SANCTIONS.—An agent, em-
ployee, or officer of the United States shall be sub-
ject to any criminal sanction (including any fine or
imprisonment) under any Federal or State water
pollution law, but no department, agency, or instru-
mentality of the executive, legislative, or judicial
branch of the Federal Government shall be subject
to any such sanction.’’.
(b) FUNDS COLLECTED BY A STATE.—Section 313
(33 U.S.C. 1323) is further amended by adding at the
end the following:
‘‘(c) LIMITATION ON STATE USE OF FUNDS.—Unless
a State law in effect on the date of the enactment of this
subsection or a State constitution requires the funds to
be used in a different manner, all funds collected by a
State from the Federal Government in penalties and fines
imposed for the violation of a substantive or procedural
requirement referred to in subsection (a) shall be used by
the State only for projects designed to improve or protect
the environment or to defray the costs of environmental
protection or enforcement.’’.
(c) ENFORCEMENT.—Section 313 is further amended
by adding at the end the following:
‘‘(d) FEDERAL FACILITY ENFORCEMENT.—
‘‘(1) 
ADMINISTRATIVE
ENFORCEMENT
BY
EPA.—The Administrator may commence an admin-
istrative enforcement action against any department,
agency, or instrumentality of the executive, legisla-
tive, or judicial branch of the Federal Government
pursuant to the enforcement authorities contained in
this Act.
‘‘(2) PROCEDURE.—The Administrator shall
initiate an administrative enforcement action against
a department, agency, or instrumentality under this
subsection in the same manner and under the same
circumstances as an action would be initiated
against any other person under this Act.
‘‘(3) 
VOLUNTARY
SETTLEMENT.—Any 
vol-
untary resolution or settlement of an action under
this subsection shall be set forth in a consent order.
‘‘(4) CONFERRAL WITH EPA.—No administra-
tive order issued to a department, agency, or instru-
mentality under this section shall become final until
such department, agency, or instrumentality has had
the opportunity to confer with the Administrator.’’.
(d) LIMITATION ON ACTIONS AND RIGHT OF INTER-
VENTION.—Section 313 is further amended by adding at
the end the following:
‘‘(e) LIMITATION ON ACTIONS AND RIGHT OF INTER-
VENTION.—Any violation with respect to which the Ad-
ministrator or Secretary, as applicable, has commenced
and is diligently prosecuting an action under this sub-
section, or for which the Administrator or Secretary, as
applicable, has issued a final order and the violator has
either paid a penalty or fine assessed under this subsection
or is subject to an enforceable schedule of corrective ac-
tions, shall not be the subject of an enforcement action
under section 505 of this Act. In any action under this
subsection, any citizen may intervene as a matter of
right.’’.
(e) DEFINITION OF PERSON.—Section 502(5) (33
U.S.C. 1362(5)) is amended by inserting before the period
at the end the following: ‘‘and includes any department,
agency, or instrumentality of the United States’’.
(f) DEFINITION OF RADIOACTIVE MATERIALS.—Sec-
tion 502 (33 U.S.C. 1362) is amended by adding at the
end the following:
‘‘(21) The term ‘radioactive materials’ includes
source materials, special nuclear materials, and byproduct
materials (as such terms are defined under the Atomic
Energy Act of 1954) which are used, produced, or man-
aged at facilities not licensed by the Nuclear Regulatory
Commission; except that such term does not include any
material which is discharged from a vessel or other facility
covered by Executive Order 12344 (42 U.S.C. 7158 note;
relating to the Naval Nuclear Propulsion Program).’’.
(g) CONFORMING AMENDMENTS.—Section 313(b)
(33 U.S.C. 1323(b)) is amended—
(1) by striking ‘‘(b)(1)’’ and inserting the fol-
lowing:
‘‘(b) WASTEWATER FACILITIES.—