I 
108TH CONGRESS 
1ST SESSION 
H. R. 20
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 
JANUARY 7, 2003
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 Financing Act of 2003’’. 
(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 amend-
ed—
(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 chapter 11 of title 40, United States Code, or 
an equivalent qualifications-based requirement pre-
scribed by the State, except that such an award shall 
not be construed as conferring a proprietary interest 
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
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) Acquisition of lands necessary to 
meet any mitigation requirements related to
construction of a publicly owned treatment 
works.
‘‘(I) Implementation of measures to en-
hance the security of publicly owned treatment 
works. 
‘‘(J) Replacement and rehabilitation of 
treatment works to intercept, transport, control, 
or treat municipal combined sewer overflows 
and sanitary sewer overflows. 
‘‘(2) FUND
AMOUNTS.—The water pollution 
control revolving fund of a State shall be established, 
maintained, and credited with repayments, and the 
fund balance shall be available in perpetuity for pro-
viding financial assistance described in paragraph 
(1). Fees charged by a State to recipients of such 
assistance may be deposited in the fund for the sole 
purpose of financing the cost of administration of 
this title.’’. 
(b) LOAN GUARANTEES.—Section 603(d)(5) (33 
U.S.C. 1383(d)(5)) is amended to read as follows: 
‘‘(5) to provide loan guarantees for—
‘‘(A) similar revolving funds established by 
municipalities or intermunicipal agencies; and 
‘‘(B) developing and implementing innova-
tive technologies.’’. 
(c) ADMINISTRATIVE EXPENSES.—Section 603(d)(7) 
(33 U.S.C. 1383(d)(7)) is amended by inserting before the
period at the end the following: ‘‘or $400,000 per year 
or 1⁄2 percent per year of the current valuation of such 
fund, whichever is greater, plus the amount of any fees 
collected by the State for such purpose under subsection 
(c)(2)’’. 
(d) TECHNICAL
AND PLANNING ASSISTANCE
FOR 
SMALL SYSTEMS.—Section 603(d) (33 U.S.C. 1383(d)) is 
amended—
(1) by striking ‘‘and’’ at the end of paragraph 
(6); 
(2) by striking the period at the end of para-
graph (7) and inserting a semicolon; and 
(3) by adding at the end the following: 
‘‘(8) to provide to small systems technical and 
planning assistance and assistance in financial man-
agement, user fee analysis, budgeting, capital im-
provement planning, facility operation and mainte-
nance, repair schedules, and other activities to im-
prove wastewater treatment plant operations, except 
that such amounts shall not exceed 2 percent of all 
grant awards to such fund under this title; and’’. 
(e) GRANTS TO FINANCIALLY DISTRESSED COMMU-
NITIES.—Section 603(d) (33 U.S.C. 1383(d)) is further 
amended by adding at the end the following:
‘‘(9) to make grants to financially distressed 
communities in the State in the amounts specified in 
subsection (i).’’. 
(f) 
CONSISTENCY
WITH
PLANNING
REQUIRE-
MENTS.—Section 603(f) (33 U.S.C. 1383(f)) is amended 
by striking ‘‘is consistent’’ and inserting ‘‘is not incon-
sistent’’. 
(g) CONSTRUCTION ASSISTANCE.—Section 603(g) 
(33 U.S.C. 1383(g)) is amended to read as follows: 
‘‘(g) CONSTRUCTION ASSISTANCE.—
‘‘(1) PRIORITY LIST REQUIREMENT.—The State 
may provide financial assistance from its water pol-
lution control revolving fund with respect to a 
project for construction of a publicly owned treat-
ment works only if such project is on the State’s pri-
ority list under section 216 of this Act without re-
gard to the rank of such project on the State’s pri-
ority list. 
‘‘(2) ELIGIBILITY
OF
CERTAIN
TREATMENT 
WORKS.—A treatment works shall be treated as a 
publicly owned treatment works for purposes of sub-
section (c) if the treatment works, without regard to 
ownership, would be considered a publicly owned 
treatment works and is principally treating munic-
ipal waste water or domestic sewage.’’.
(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).’’. 
SEC. 5. ASSET MANAGEMENT. 
Title VI (33 U.S.C. 1381 et seq.) is amended—
(1) by redesignating section 607 as section 608; 
and 
(2) by inserting after section 606 the following:
‘‘SEC. 607. ASSET MANAGEMENT. 
‘‘(a) IN GENERAL.—The Administrator shall provide 
technical and financial assistance to owners and operators 
of publicly-owned treatment works for the following activi-
ties: 
‘‘(1) Performing an inventory of critical treat-
ment works assets. 
‘‘(2) Evaluating the condition and performance 
of inventoried assets or asset groupings. 
‘‘(3) Developing a plan for maintaining, repair-
ing, and replacing treatment works and for funding 
such activities. 
‘‘(b) AUTHORIZATION OF APPROPRIATIONS.—There 
is authorized to be appropriated to carry out this section 
$10,000,000 for each of fiscal years 2004 through 2008. 
Such sums shall remain available until expended.’’. 
SEC. 6. AUTHORIZATION OF APPROPRIATIONS. 
Section 608, as redesignated by section 5 of this Act, 
is amended by striking paragraphs (1) through (5) and 
inserting the following: 
‘‘(1) $3,000,000,000 for fiscal year 2004; 
‘‘(2) $4,000,000,000 for fiscal year 2005; 
‘‘(3) $5,000,000,000 for fiscal year 2006; 
‘‘(4) $6,000,000,000 for fiscal year 2007; and 
‘‘(5) $7,000,000,000 for fiscal year 2008.’’.
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