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              Congressional                                                     ____
          ~ Research Service






Wastewater and Drinking Water: Committee

Deadlines for EPA's Administration of

Earmarks



April  5, 2024

Congress has demonstrated interest in assisting communities to finance certain wastewater and drinking
water infrastructure improvements needed to comply with federal regulations and maintain levels of
service. Through statute, appropriations, and report language, Congress has provided the U.S.
Environmental Protection Agency (EPA) with authorities, funding, and direction to support state and local
entities in making investments to comply with regulations and furthering public health protection.
Congress authorized two primary programs at EPA to support this type of infrastructure: the Clean Water
State Revolving Fund (CWSRF), authorized by the Clean Water Act (CWA), and the Drinking Water State
Revolving Fund (DWSRF), authorized by the Safe Drinking Water Act (SDWA).
The 117th Congress reestablished its practice of directing funding to specific wastewater and drinking
water infrastructure projects through community project funding/congressionally directed spending
(CPF/CDS)  items, commonly called earmarks. For more details, see CRS Report R47633, The Role of
Earmarks in CWSRF  and DWSRF  Appropriations in the 117th Congress.
In the I 8th Congress, the Consolidated Appropriations Act, 2024 (P.L. 118-42) also contains CPF/CDS
grants for wastewater and drinking water infrastructure projects. P.L. 118-42 directs EPA to reserve 48%
($787.7 million) of the CWSRF appropriation and 56% ($631.7 million) of the DWSRF appropriation for
CPS/CDS.  The funds reserved for CPF/CDS are distributed directly to recipients, instead of to states' SRF
programs. This process effectively reduces the amount available for state SRF capitalization grants as
well as the amounts set aside for grants to tribes and territories. The funds for CPF/CDS items support
water infrastructure projects, so the total amount available for water infrastructure projects from the
FY2024  appropriations act remains the same, though the CPF/CDS amounts are distributed directly to
recipients rather than through SRF programs.
Some Members  have raised concerns that EPA has not provided FY2022 and FY2023 CPF/CDS to grant
recipients in a timely manner. The joint explanatory statement accompanying P.L. 118-42 stipulates that,
within 45 days of enactment, EPA is to brief the House and Senate Committees on Appropriations on
ways to improve the timeliness of CPF/CDS administration and requires EPA to report on the matter
within 90 days of enactment.
                                                               Congressional Research Service
                                                               https://crsreports.congress.gov
                                                                                    IN12345

CRS INSIGHT
Prepared for Members and
Committees of Congress

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