(2) with respect to all other permits issued be-
fore such date of enactment, such amendments shall 
take effect on the last day of the 18-month period 
beginning on such date of enactment. 
SEC. 7. EXPIRED STATE PERMITS. 
Section 402(d) of the Federal Water Pollution Con-
trol Act (33 U.S.C. 1342(d)) is further amended by add-
ing at the end the following: 
‘‘(6) EXPIRED STATE PERMITS.—
‘‘(A) AUTHORITY OF ADMINISTRATOR.—In 
any case in which—
‘‘(i) a permit issued by a State for a 
discharge has expired, 
‘‘(ii) the permittee has submitted an 
application to the State for a new permit 
for the discharge, and 
‘‘(iii) the State has not acted on the 
application before the last day of the 12-
month period beginning on the date the 
permit expired, 
the Administrator may issue a permit for the 
discharge under subsection (a). 
‘‘(B) TREATMENT IF NO NEW PERMIT.—If 
a permit issued by a State for a discharge of 
one or more pollutants expires and the State or
the Administrator has not issued a new permit 
for the discharge by the last day of the 12-
month period beginning on the date the permit 
expired, the permittee shall be in violation of 
this Act if the permittee continues to discharge 
such pollutants. 
‘‘(C) APPLICABILITY
OF
NEW
REGULA-
TIONS.—If a State or the Administrator allows 
a discharge to continue after the date of expira-
tion of a permit issued by the State or Adminis-
trator and before issuance of a new permit for 
the discharge, regulations issued after such ex-
piration date shall apply to the discharge under 
the expired permit.’’. 
SEC. 8. POLLUTION PREVENTION PLANS. 
Section 402 of the Federal Water Pollution Control 
Act (42 U.S.C. 1342) is further amended by adding at 
the end the following: 
‘‘(u) POLLUTION PREVENTION PLANS.—
‘‘(1) IN GENERAL.—Each applicant for a per-
mit for a discharge of one or more pollutants shall 
submit to the Administrator, with the application for 
the permit, a pollution prevention plan that details 
the applicant’s plans for reducing the discharge of 
such pollutants at a measurable rate.
‘‘(2) FORM AND CONTENT.—The plan shall be 
in such form and contain such information as the 
Administrator may require by regulation. 
‘‘(3) DEADLINE
FOR
ISSUANCE
OF
REGULA-
TIONS.—The Administrator shall issue regulations to 
carry out this subsection not later than the last day 
of the 18-month period beginning on the date of en-
actment of this subsection.’’. 
SEC. 9. COMPLIANCE SCHEDULE. 
Section 302(b)(2)(B) of the Federal Water Pollution 
Control Act (33 U.S.C. 1312(b)(2)(B)) is amended by 
adding at the end the following: ‘‘The Administrator may 
only issue a permit pursuant to this subparagraph for a 
period exceeding 2 years if the Administrator makes the 
findings described in clauses (i) and (ii) of this subpara-
graph on the basis of a public hearing.’’. 
SEC. 10. EMERGENCY POWERS. 
Section 504 of the Federal Water Pollution Control 
Act (33 U.S.C. 1364) is amended to read as follows: 
‘‘SEC. 504. COMMUNITY PROTECTION. 
‘‘(a) ISSUANCE OF ORDERS; COURT ACTION.—Not-
withstanding any other provision of this Act, whenever the 
Administrator finds that, because of an actual or threat-
ened direct or indirect discharge of a pollutant, there may 
be an imminent and substantial endangerment to the pub-
lic health or welfare (including the livelihood of persons) 
or the environment (including wildlife), the Administrator 
may issue such orders or take such action as may be nec-
essary to protect public health or welfare or the environ-
ment and commence a suit (or cause it to be commenced) 
in the United States district court for the district where 
the discharge or threat occurs. Such court may grant such 
relief to abate the threat and to protect against the 
endangerment as the public interest and the equities re-
quire, enforce, and adjudge penalties for disobedience to 
orders of the Administrator issued under this section, and 
grant other relief according to the public interest and the 
equities of the case. 
‘‘(b) ENFORCEMENT OF ORDERS.—Any person who, 
without sufficient cause, violates or fails to comply with 
an order of the Administrator issued under this section, 
shall be liable for civil penalties to the United States in 
an amount not to exceed $27,500 per day for each day 
on which such violation or failure occurs or continues.’’. 
SEC. 11. CITIZEN SUITS. 
(a) SUITS FOR PAST VIOLATIONS.—Section 505 of 
the Federal Water Pollution Control Act (33 U.S.C. 1365) 
is amended—
(1) in subsection (a)(1) by inserting ‘‘to have 
violated (if there is evidence that the alleged viola-
tions has been repeated) or’’ after ‘‘who is alleged’’; 
and 
(2) in subsection (f)(6) by inserting ‘‘has been 
or’’ after ‘‘which’’. 
(b) TIME LIMIT.—Section 505(b)(1)(A) of such Act 
is amended by striking ‘‘sixty days’’ and inserting ‘‘30 
days’’. 
(c) EFFECT OF JUDGMENTS ON CITIZEN SUITS.—
Section 505(b) of such Act is further amended—
(1) in paragraph (1)(B) by striking ‘‘right.’’ 
and inserting ‘‘right and may obtain costs of litiga-
tion under subsection (d), or’’; and 
(2) by adding at the end the following: ‘‘The 
notice under paragraph (1)(A) need set forth only 
violations which have been specifically identified in 
the discharge monitoring reports of the alleged viola-
tor. An action under subsection (a)(1) may be 
brought at any time. No judicial action by the Ad-
ministrator or a State shall bar an action for the 
same violation under subsection (a)(1) unless the ac-
tion is by the Administrator and meets the require-
ments of this paragraph. No administrative action 
by the Administrator shall bar a pending action 
commenced after February 4, 1987, for the same 
violation under subsection (a)(1) unless the action
by the Administrator meets the requirements of sec-
tion 309(g)(6) of this Act.’’. 
(d) CONSENT JUDGMENTS.—Section 505(c)(3) of 
such Act is amended by adding at the end the following: 
‘‘Consent judgments entered under this section may pro-
vide that the civil penalties included in the consent judg-
ment be used for carrying out mitigation projects in ac-
cordance with section 309(d).’’. 
(e) 
PRETREATMENT
REQUIREMENTS.—Section 
505(f)(4) of such Act is amended by striking ‘‘or 
pretreatment standards’’ and inserting ‘‘or pretreatment 
standard or requirement described in section 307(d)’’. 
(f) EFFLUENT
STANDARD
DEFINITION.—Section 
505(f)(6) of such Act is amended by inserting ‘‘narrative 
or mathematical’’ before ‘‘condition’’. 
(g) CITIZEN DEFINED.—Section 505(g) of such Act 
is amended to read as follows: 
‘‘(g) CITIZEN DEFINED.—For purposes of this sec-
tion, the term ‘citizen’ means a person or persons having 
an interest (including a recreational, aesthetic, environ-
mental, health, or economic interest) which is, has been, 
or may be adversely affected and includes a person who 
uses or enjoys the waters into which the discharge flows 
(either directly or through a publicly owned treatment 
works), who uses or enjoys aquatic resources or nearby
lands associated with the waters, or who would use or 
enjoy the waters, aquatic resources, or nearby lands if they 
were less polluted.’’. 
(h) OFFERS OF JUDGMENT.—Section 505 of such 
Act is further amended by adding at the end the following: 
‘‘(i) APPLICABILITY OF OFFERS OF JUDGMENT.—Of-
fers of judgment pursuant to Rule 68 of the Federal Rules 
of Civil Procedure shall not be applicable to actions 
brought under subsection (a)(1) of this section.’’. 
SEC. 12. EMPLOYEE PROTECTION. 
Section 507 of the Federal Water Pollution Control 
Act (33 U.S.C. 1367) is amended—
(1) in subsection (e) by inserting ‘‘CONTINUING 
EVALUATIONS.—’’ after ‘‘(e)’’; 
(2) by redesignating subsection (e) as sub-
section (f); and 
(3) by striking subsections (a), (b), (c), and (d) 
and inserting the following: 
‘‘(a) IN GENERAL.—No employer or other person 
may harass, prosecute, hold liable, or discriminate against 
any employee or other person because the person—
‘‘(1) is assisting or demonstrating an intent to 
assist in achieving compliance with any provision of 
this Act (including a rule or regulation issued to 
carry out this Act);
‘‘(2) is refusing to violate or assist in the viola-
tion of any provision of this Act (including a rule or 
regulation issued to carry out this Act); or 
‘‘(3) has commenced, caused to be commenced, 
or is about to commence a proceeding, has testified 
or is about to testify at a proceeding, or has assisted 
or participated or is about to assist or participate in 
any manner in such a proceeding or in any other ac-
tion to carry out the purposes of this Act. 
‘‘(b) FILING COMPLAINTS AND PROCEDURES.—
‘‘(1) FILING DEADLINE.—An employee alleging 
a violation of subsection (a), or another person at 
the employee’s request, may file a complaint with 
the Secretary of Labor not later than 365 days after 
the alleged violation occurred. 
‘‘(2) PROCEDURES.—
‘‘(A) INVESTIGATION; PRELIMINARY
OR-
DERS.—Not later than 60 days after receiving 
a complaint, the Secretary shall conduct an in-
vestigation, decide whether it is reasonable to 
believe the complaint has merit, and notify the 
complainant and the person alleged to have 
committed the violation of the findings. If the 
Secretary decides it is reasonable to believe a 
violation occurred, the Secretary shall include
with the decision findings and a preliminary 
order for the relief provided under paragraph 
(3). 
‘‘(B) 
OBJECTIONS
TO
PRELIMINARY 
ORDER.—Not later than 30 days after the no-
tice under subparagraph (A) of this paragraph, 
the complainant and the person alleged to have 
committed the violation may file objections to 
the findings or preliminary order, or both, and 
request a hearing on the record. The filing of 
objections does not stay a reinstatement or-
dered in the preliminary order. If a hearing is 
not requested within the 30 days, the prelimi-
nary order is final and not subject to judicial 
review. 
‘‘(C) HEARING; FINAL
ORDER; SETTLE-
MENT AGREEMENT.—A hearing shall be con-
ducted expeditiously. Not later than 120 days 
after the end of the hearing, the Secretary shall 
issue a final order. Before the final order is 
issued, the proceeding may be ended by a settle-
ment agreement made by the Secretary, the 
complainant, and the person alleged to have 
committed the violation. 
‘‘(3) ORDER.—
‘‘(A) PENALTIES.—If the Secretary de-
cides, on the basis of a complaint, a person vio-
lated subsection (a), the Secretary shall order 
the person to—
‘‘(i) take affirmative action to abate 
the violation; 
‘‘(ii) reinstate the complainant to the 
former position with the same pay and 
terms and privileges of employment; and 
‘‘(iii) pay compensatory damages, in-
cluding back pay. 
‘‘(B) COSTS.—If the Secretary issues an 
order under subparagraph (A) and the com-
plainant requests, the Secretary may assess 
against the person against whom the order is 
issued the costs (including attorney’s fees) rea-
sonably incurred by the complainant in bringing 
the complaint. The Secretary shall determine 
the costs that reasonably were incurred. 
‘‘(4) JUDICIAL REVIEW AND VENUE.—A person 
adversely affected by an order issued after a hearing 
under this subsection may file a petition for review, 
not later than 60 days after the order is issued, in 
the court of appeals of the United States for the cir-
cuit in which the violation occurred or the person re-
sided on the date of the violation. The review shall 
be heard and decided expeditiously. An order of the 
Secretary subject to review under this paragraph is 
not subject to judicial review in a criminal or other 
civil proceeding. 
‘‘(5) CIVIL ACTIONS TO ENFORCE.—If a person 
fails to comply with an order issued under this sub-
section, the Secretary shall bring a civil action to en-
force the order in the district court of the United 
States for the judicial district in which the violation 
occurred. 
‘‘(c) BURDENS OF PROOF.—The legal burdens of 
proof with respect to a violation of subsection (a) shall 
be governed by the applicable provisions of sections 1214 
and 1221 of title 5, United States Code. 
‘‘(d) SUBPOENA AUTHORITY.—With respect to an al-
leged violation of subsection (a), the Secretary of Labor 
may issue a subpoena for the attendance and testimony 
of any person and the production of documentary or other 
evidence from any person if the testimony or production 
requested is not unduly burdensome and appears reason-
ably calculated to lead to the discovery of admissible evi-
dence.
‘‘(e) POSTING REQUIREMENT.—The provisions of 
this section shall be prominently posted in any place of 
employment to which this section applies.’’. 
SEC. 13. ISSUANCE OF SUBPOENAS. 
Section 509(a)(1) of the Federal Water Pollution 
Control Act (33 U.S.C. 1369(a)(1)) is amended by strik-
ing ‘‘obtaining information under section 305 of this Act, 
or carrying out section 507(e) of’’ and inserting ‘‘carrying 
out’’. 
SEC. 14. JUDICIAL REVIEW OF EPA ACTIONS. 
Section 509(b)(1) of the Federal Water Pollution 
Control Act (33 U.S.C. 1369(b)(1)) is amended—
(1) by inserting after the comma at the end of 
clause (D) ‘‘including a decision to deny a petition 
by interested person to veto an individual permit 
issued by a State,’’; 
(2) by inserting after the comma at the end of 
clause (E) ‘‘including a decision not to include any 
pollutant in such effluent limitation or other limita-
tion if the Administrator has or is made aware of in-
formation indicating that such pollutant is present 
in any discharge subject to such limitation,’’; and 
(3) by striking ‘‘and (G)’’ and inserting the fol-
lowing: ‘‘(G) in issuing or approving any water qual-
ity standard under section 303(c) or 303(d), (H) in
Act. In addition, the Administrator may make such 
amounts of money in the Fund as the Administrator de-
termines appropriate available to carry out title VI of this 
Act.’’. 
(b) CONFORMING AMENDMENT TO STATE REVOLV-
ING FUND PROGRAM.—Section 607 of such Act (33 
U.S.C. 1387) is amended—
(1) by inserting ‘‘(a) IN GENERAL.—’’ before 
‘‘There is’’; and 
(2) by adding at the end the following: 
‘‘(b) TREATMENT
OF TRANSFERS FROM CLEAN 
WATER
TRUST
FUND.—For purposes of this title, 
amounts made available from the Clean Water Trust 
Fund under section 519 of this Act to carry out this title 
shall be treated as funds authorized to be appropriated 
to carry out this title and as funds made available under 
this title.’’. 
SEC. 16. FEDERAL FACILITIES CLEAN WATER COMPLIANCE. 
(a) APPLICATION OF CERTAIN PROVISIONS TO FED-
ERAL FACILITIES.—Section 313(a) of the Federal Water 
Pollution Control Act (33 U.S.C. 1323(a)) is amended to 
read as follows: 
‘‘(a) COMPLIANCE.—
‘‘(1) DEFINITION
OF
REASONABLE
SERVICE 
CHARGE.—In this subsection, the term ‘reasonable 
service charge’ includes—
‘‘(A) a fee or charge assessed in connection 
with the processing, issuance, renewal, or 
amendment of a permit, review of a plan, study, 
or other document, or inspection or monitoring 
of a facility; and 
‘‘(B) any other nondiscriminatory charge 
that is assessed in connection with a Federal, 
State, interstate, or local water pollution regu-
latory program. 
‘‘(2) REQUIREMENT.—Each department, agen-
cy, and instrumentality of the executive, legislative, 
or judicial branch of the Federal Government that 
has jurisdiction over any property or facility, or is 
engaged in any activity that results, or that may re-
sult, in the discharge or runoff of a pollutant shall 
be subject to, and shall comply with, all Federal, 
State, interstate, and local substantive and proce-
dural requirements (including any requirement for a 
permit or reporting, any provision for injunctive re-
lief and such sanctions as are imposed by a Federal 
or State court to enforce the relief, and any require-
ment for the payment of a reasonable service
charge) concerning the control and abatement of 
water pollution in the same manner, and to the same 
extent, as any other person is subject to the require-
ments. 
‘‘(3) WAIVER OF SOVEREIGN IMMUNITY.—The 
United States expressly waives any immunity other-
wise applicable to the United States with respect to 
any substantive or procedural requirement, adminis-
trative authority, and process and sanction described 
in paragraph (2), including immunity from process 
in an administrative or court action seeking—
‘‘(A) injunctive relief; 
‘‘(B) imposition of a sanction referred to 
in this subsection; 
‘‘(C) enforcement of an administrative 
order; 
‘‘(D) imposition of an administrative or 
civil penalty or fine; or 
‘‘(E) payment of a reasonable service 
charge. 
‘‘(4) ADMINISTRATIVE
ORDERS
AND
PEN-
ALTIES.—The substantive and procedural require-
ments described in paragraph (2) include all admin-
istrative orders and all civil and administrative pen-
alties or fines, regardless of whether the penalties or
fines are punitive or coercive in nature or are im-
posed for isolated, intermittent, or continuing viola-
tions. 
‘‘(5) INJUNCTIVE RELIEF.—The United States 
(including any agent, employee, or officer of the 
United States) shall not be immune or exempt from 
any process or sanction of any State or Federal 
court with respect to the enforcement of any injunc-
tive relief referred to in paragraphs (2) and (3). 
‘‘(6) CIVIL PENALTIES.—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 regulatory pro-
gram with respect to any act or omission within the 
scope of the official duties of the agent, employee, or 
officer. 
‘‘(7) CRIMINAL PENALTIES.—
‘‘(A) AGENTS, EMPLOYEES, AND
OFFI-
CERS.—An agent, employee, or officer of the 
United States shall be subject to any criminal 
sanction (including a fine or imprisonment) 
under any Federal, State, interstate, or local 
water pollution regulatory program. 
‘‘(B) DEPARTMENTS, AGENCIES, AND IN-
STRUMENTALITIES.—No department, agency,
or instrumentality of the executive, legislative, 
or judicial branch of the Federal Government 
shall be subject to a sanction referred to in sub-
paragraph (A).’’. 
(b) FEDERAL FACILITY ENFORCEMENT.—Section 
309 of such Act (33 U.S.C. 1319) is further amended by 
adding at the end the following: 
‘‘(k) FEDERAL FACILITY ENFORCEMENT.—
‘‘(1) COMPLIANCE ORDERS.—
‘‘(A) IN GENERAL.—Whenever on the basis 
of any information available to him or her—
‘‘(i) the Administrator determines 
that any department, agency, or instru-
mentality of the United States has violated 
or is in violation of section 301, 302, 306, 
307, 308, 311, 318, or 405 of this Act, or 
has violated or is in violation of any permit 
condition or limitation implementing any 
such section in a permit issued under sec-
tion 402 of this Act by the Administrator 
or by a State, or in a permit issued under 
section 404 of this Act by a State, or any 
requirement imposed in a pretreatment 
program approved under section 402(a)(3) 
or 402(b)(8) of this Act, or any require-
ment imposed under section 402(b)(9) of 
this Act; 
‘‘(ii) the Secretary of the Army deter-
mines that any department, agency, or in-
strumentality of the United States has vio-
lated or is in violation of section 301 with 
regard to discharges of dredged or fill ma-
terial or any condition or limitation in a 
permit issued under section 404 of this 
Act; and 
‘‘(iii) the Secretary of the department 
in which the Coast Guard is operating de-
termines that any department, agency, or 
instrumentality of the United States has 
violated any provision of section 311 of 
this Act or any of its implementing regula-
tions; 
the Administrator or Secretary, as applicable, 
may issue an order to assess an administrative 
penalty for any past or current violation or re-
quire compliance or correction of any past or 
current violation immediately or within a speci-
fied time period, or both. 
‘‘(B) 
REQUIRED
TERMS.—Any 
order 
issued under this subsection—
‘‘(i) by the Administrator may include 
a suspension or revocation of any permit 
issued by the Administrator or a State 
under sections 402 and 404 of this Act; 
and 
‘‘(ii) by the Secretary of the Army 
may include a suspension or revocation of 
any permit issued by the Secretary of the 
Army under section 404 of this Act; and 
shall state with reasonable specificity the nature of 
the violation. Any penalty assessed in the order shall 
not exceed $27,500 per day for each violation. 
‘‘(2) VIOLATION OF COMPLIANCE ORDERS.—If 
a violator fails to take corrective action within the 
time specified in an order issued under paragraph 
(1)—
‘‘(A) the Administrator or Secretary, as 
applicable, may assess a civil penalty of not 
more than $27,500 for each day of continued 
noncompliance with the order; and 
‘‘(B)(i) the Administrator may suspend or 
revoke any permit issued pursuant to section 
402 or 404 of this Act which is the subject of 
the order, whether issued by the Administrator 
or the State; and
‘‘(ii) the Secretary of the Army may sus-
pend or revoke any permit issued pursuant to 
section 404 of this Act. 
‘‘(3) EMERGENCY ORDERS AT FEDERAL FACILI-
TIES.—The Administrator may issue an emergency 
administrative order to, and assess an administrative 
penalty for violations of the order against, a Federal 
agency under the same circumstances as an emer-
gency order may be issued to, and such penalty for 
violation of such order may be assessed, against any 
other person under this title. 
‘‘(4) PUBLIC HEARING.—
‘‘(A) IN
GENERAL.—Any order issued 
under this subsection shall become final unless, 
not later than 30 days after the order is served, 
a department, agency, or instrumentality of the 
United States named therein requests a public 
hearing. 
‘‘(B) CONDUCT.—Upon a request under 
this paragraph, the Administrator or Secretary, 
as applicable, shall promptly conduct a public 
hearing. Such public hearing shall be conducted 
in accordance with section 554 of title 5, 
United States Code.
‘‘(C) SUBPOENAS.—In connection with any 
proceeding under this subsection, the Adminis-
trator or Secretary may issue subpoenas for the 
attendance and testimony of witnesses and the 
production of relevant papers, books, and docu-
ments and may promulgate rules for discovery 
procedures. 
‘‘(5) CONSULTATION
WITH
THE
ADMINIS-
TRATOR.—No administrative order, including any 
emergency order or field citation, issued to a Federal 
department, agency or instrumentality under this 
subsection shall become final until such department, 
agency, or instrumentality has had the opportunity 
to confer with the Administrator. 
‘‘(6) EXISTING COMPLIANCE ORDERS.—Nothing 
in this subsection shall be construed to alter, modify, 
or change in any manner any Federal facility com-
pliance agreement, permit, administrative order or 
judicial order that is in effect on the effective date 
of this subsection. 
‘‘(7) ACTIONS
AND
RIGHTS
OF
INTERESTED 
PERSONS.—No administrative action which has been 
commenced by the Administrator or the Secretary 
under this subsection with respect to a violation 
shall preclude a civil enforcement action under sec-
tion 505 of this Act for the same violation or viola-
tions. 
‘‘(8) SPECIAL RULES.—
‘‘(A) PUBLIC NOTICE.—Before issuing an 
order under this subsection, the Administrator 
or Secretary, as the case may be, shall provide 
public notice of and reasonable opportunity to 
comment on the proposed issuance of such 
order. 
‘‘(B) PRESENTATION OF EVIDENCE.—Any 
person who comments on a proposed order 
under this subsection shall be given notice of 
any hearing held with respect to the proposed 
order and the order. In any hearing held under 
this subsection, such person shall have a rea-
sonable opportunity to be heard and to present 
evidence. 
‘‘(9) CITIZEN’S
CIVIL
ACTION.—Any person 
may commence a civil action on his or her own be-
half against—
‘‘(A) any Federal agency that is alleged to 
have violated or to be in violation of any order 
issued by the Administrator or the Secretary 
under this title; or
‘‘(B) any Federal agency that fails, within 
1 year of the effective date of a final order, to 
pay a penalty assessed by the Administrator or 
the Secretary under this subsection.’’. 
(c) DEFINITION OF PERSON.—
(1) GENERAL DEFINITIONS.—Section 502(5) of 
such Act (33 U.S.C. 1362(5)) is further amended by 
inserting before the period at the end the following: 
‘‘and includes any department, agency, or instru-
mentality of the United States’’. 
(2) OIL AND HAZARDOUS SUBSTANCE LIABILITY 
PROGRAM.—Section 311(a)(7) of such Act (33 
U.S.C. 1321(a)(7)) is amended by inserting before 
the semicolon at the end the following: ‘‘and any de-
partment, agency, or instrumentality of the United 
States’’. 
SEC. 17. APPLICABILITY. 
Sections 101(h), 309(g)(6)(A), 505(a)(1), 505(b), 
505(g), and 505(i) of the Federal Water Pollution Control 
Act, as inserted or amended by this Act, shall be applica-
ble to all cases pending under such Act on the date of 
enactment of this Act and all cases brought on or after 
such date of enactment relating to violations which oc-
curred before such date of enactment.
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