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111th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 1st Session                                                     111-76
======================================================================
 
     NATIONAL WATER RESEARCH AND DEVELOPMENT INITIATIVE ACT OF 2009

                                _______
                                

 April 21, 2009.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

Mr. Gordon of Tennessee, from the Committee on Science and Technology, 
                        submitted the following

                              R E P O R T

                             together with

                            ADDITIONAL VIEWS

                        [To accompany H.R. 1145]

      [Including cost estimate of the Congressional Budget Office]

  The Committee on Science and Technology, to whom was referred 
the bill (H.R. 1145) to implement a National Water Research and 
Development Initiative, and for other purposes, having 
considered the same, report favorably thereon with an amendment 
and recommend that the bill as amended do pass.

                                CONTENTS

                                                                   Page
   I. Amendment.......................................................2
  II. Purpose of the Bill.............................................5
 III. Background and Need for the Legislation.........................5
  IV. Summary of Hearings.............................................7
   V. Committee Actions...............................................9
  VI. Summary of Major Provisions of the Bill........................11
 VII. Section-by-Section Analysis....................................13
VIII. Committee Views................................................15
  IX. Cost Estimate..................................................20
   X. Congressional Budget Office Cost Estimate......................21
  XI. Compliance with Public Law 104-4...............................22
 XII. Committee Oversight Findings and Recommendations...............22
XIII. Statement on General Performance Goals and Objectives..........22
 XIV. Constitutional Authority Statement.............................22
  XV. Federal Advisory Committee Statement...........................22
 XVI. Congressional Accountability Act...............................23
XVII. Earmark Identification.........................................23
XVIII.Statement on Preemption of State, Local, or Tribal Law.........23

 XIX. Changes in Existing Law Made by the Bill, as Reported..........23
  XX. Committee Recommendation.......................................24
 XXI. Exchange of Committee Correspondence...........................25
XXII. Additional Views...............................................28
XXIII.Proceedings of the Full Committee Markup.......................31


                              I. Amendment

  The amendment is as follows:
  Strike all after the enacting clause and insert the 
following:

SECTION 1. SHORT TITLE.

  This Act may be cited as the ``National Water Research and 
Development Initiative Act of 2009''.

SEC. 2. NATIONAL WATER RESEARCH AND DEVELOPMENT INITIATIVE.

   (a) Initiative and Purpose.--The President shall implement a 
National Water Research and Development Initiative (in this Act 
referred to as the ``Initiative''). The purpose of the Initiative is to 
improve the Federal Government's role in designing and implementing 
Federal water research, development, demonstration, data collection and 
dissemination, education, and technology transfer activities to address 
changes in water use, supply, and demand in the United States, 
including providing additional support to increase water supply through 
greater efficiency and conservation.
  (b) Interagency Committee.--
          (1) In general.--Not later than 3 months after the date of 
        enactment of this Act, the President shall establish, or 
        designate, an interagency committee to implement the Initiative 
        under subsection (a). The Office of Science and Technology 
        Policy shall chair the interagency committee.
          (2) Composition.--The interagency committee shall include a 
        representative from each agency that conducts research related 
        to water or has authority over resources that affect water 
        supply, as well as a representative from the Office of 
        Management and Budget.
          (3) Functions of the interagency committee.--The interagency 
        committee shall--
                  (A) develop a National Water Research and Assessment 
                Plan (in this Act referred to as the ``plan'') in 
                accordance with subsection (c) and in coordination with 
                State, local, and tribal governments;
                  (B) coordinate all Federal research, development, 
                demonstration, data collection and dissemination, 
                education, and technology transfer activities 
                pertaining to water;
                  (C) encourage cooperation among Federal agencies and 
                State, local, and tribal governments with respect to 
                water-related research, development, and technological 
                innovation activities to avoid duplication of effort 
                and to ensure optimal use of resources and expertise;
                  (D) facilitate technology transfer, communication, 
                and opportunities for information exchange with non-
                governmental organizations, State and local 
                governments, tribal governments, industry, and other 
                members of the stakeholder community through the office 
                established in paragraph (4);
                  (E) provide guidance on outreach to minority serving 
                institutions that are eligible institutions under 
                section 371(a) of the Higher Education Act of 1965 (20 
                U.S.C. 1067q(a)) to encourage such institutions to 
                apply for funding opportunities specified in the plan;
                  (F) encourage cooperation between Federal agencies, 
                State and local governments, and tribal governments to 
                develop standard methods for collecting, managing, and 
                disseminating data on water; and
                  (G) not later than 1 year after the date of enactment 
                of this Act and every 3 years thereafter--
                          (i) identify from each agency described in 
                        paragraph (2) the statutory or regulatory 
                        barriers preventing the use of any technology, 
                        technique, data collection method, or model 
                        that would contribute to greater availability 
                        of water resources in the United States through 
                        enhanced efficiency and conservation; and
                          (ii) submit a report of the findings from 
                        clause (i) to Congress.
          (4) National water initiative coordination office.--
                  (A) In general.--Not later than 3 months after the 
                date of enactment of this Act, the President shall 
                establish a National Water Initiative Coordination 
                Office (in this Act referred to as the ``Office''), 
                with full-time staff, to--
                          (i) provide technical and administrative 
                        support to the interagency committee;
                          (ii) serve as a point of contact on Federal 
                        water activities for government agencies, 
                        organizations, academia, industry, professional 
                        societies, and others to exchange technical and 
                        programmatic information; and
                          (iii) communicate with the public on the 
                        findings and recommendations of the interagency 
                        committee based on the activities conducted 
                        pursuant to the Initiative.
                  (B) Funding.--The operation of the Office shall be 
                supported by funds contributed from each agency 
                represented on the interagency committee.
  (c) National Water Research and Assessment Plan.--
          (1) Plan development.--The plan required under subsection 
        (b)(3)(A) shall establish the priorities for Federal water 
        research, including federally funded research, and assessment 
        for the 4-year period beginning in the year in which the plan 
        is submitted to Congress. In the development of the plan, the 
        interagency committee shall consider and utilize 
        recommendations and information from State, local, and tribal 
        governments and contained in reports that have addressed water 
        research needs, including the 2007 report issued by the 
        Subcommittee on Water Availability and Quality (SWAQ) of the 
        National Science and Technology Council's Committee on 
        Environment and Natural Resources and recommendations of the 
        National Academy of Sciences.
          (2) Specific requirements.--The plan shall--
                  (A) identify each current program and activity of 
                each Federal agency related to the Initiative;
                  (B) identify funding levels for the previous fiscal 
                year for each program and, if applicable, each activity 
                identified in subparagraph (A);
                  (C) set forth a strategy and a timeline to achieve 
                the outcomes described in subsection (d) and shall 
                describe--
                          (i) each activity required of each agency 
                        responsible for contributing to each such 
                        outcome;
                          (ii) the funding levels necessary to achieve 
                        each such outcome; and
                          (iii) the distribution of funds between each 
                        agency based on such agency's role in carrying 
                        out such activity;
                  (D) be subject to a 90-day public comment period and 
                shall address suggestions received and incorporate 
                public input received, as appropriate; and
                  (E) be submitted to Congress not later than 1 year 
                after the date of enactment of this Act.
  (d) Water Research Outcomes and Assessments.--The plan shall outline 
and direct agencies under the interagency committee to work to achieve 
the following outcomes:
          (1) Implementation of a National Water Census, which shall 
        include the collection of data on national water resources to 
        create a comprehensive database that includes information about 
        the quantity, availability, and quality of ground water and 
        surface water resources.
          (2) Development of a new generation of water monitoring 
        techniques.
          (3) Development of technologies for enhancing reliable water 
        supply, water reuse, and pollution prevention.
          (4) Development of innovative technologies and tools to 
        enhance water quality, including advanced water treatment and 
        water purification technologies.
          (5) Development of innovative technologies and tools to 
        enhance water-use efficiency and tools to encourage public 
        acceptance of such technologies and tools.
          (6) Development of tools and processes to facilitate 
        resolution of conflicts over water resources.
          (7) Development of information technology systems to enhance 
        water quality and supply.
          (8) Improvement of understanding of water-related ecosystem 
        services and ecosystem needs for water.
          (9) Improvement of hydrologic prediction models and their 
        applications.
          (10) Analyses of the energy required to provide reliable 
        water supplies and the water required to provide reliable 
        energy supplies throughout the United States.
          (11) Analyses of the social, behavioral, and economic 
        barriers to sustainable use of water resources in the United 
        States.
          (12) Assessment of national water availability and use.
          (13) Regional assessments of the status of water supplies and 
        evaluation of potential changes in such status due to changes 
        in land use, population size and distribution, and economic 
        activity.
          (14) Assessment of water quality, availability, and use in 
        rural areas, including--
                  (A) maintaining water quality and enhancing energy 
                efficiency of water treatment and delivery through the 
                use of technologies or practices developed to address 
                rural communities; and
                  (B) developing data and information to support water 
                planning and conservation.
  (e) Advisory Committee.--The President shall establish, or designate, 
an advisory committee to advise the interagency committee established 
under subsection (b).

SEC. 3. BUDGET COORDINATION.

   (a) In General.--The President shall provide guidance to each 
Federal agency participating in the Initiative with respect to the 
preparation of requests for appropriations for activities related to 
the plan.
  (b) Consideration in the President's Budget.--The President shall 
submit, at the time of the President's annual budget request to 
Congress, a description of those items in each agency's budget which 
are elements of the plan or help to achieve the outcomes of the plan.

SEC. 4. COORDINATION.

  The interagency committee shall coordinate the activities of the 
Initiative with the United States Global Change Research Program.

SEC. 5. ANNUAL REPORT.

  Concurrent with the annual submission of the President's budget to 
Congress, the President shall submit to Congress a report that 
describes the activities and results of the Initiative during the 
previous fiscal year and outlines the objectives for the next fiscal 
year. The report shall include detailed information on all programs and 
activities involved in the Initiative, including an analysis of 
progress towards achieving the outcomes listed in section 2(d).

SEC. 6. NATIONAL WATER PILOT TESTING FACILITY FEASIBILITY STUDY AND 
                    REPORT.

   (a) Study.--
          (1) Requirement.--The Comptroller General of the United 
        States shall complete a study examining the feasibility and 
        practicality of creating a national water pilot testing 
        facility.
          (2) Contents.--The study shall--
                  (A) examine Federal programs and facilities that 
                currently engage in some form of water technology 
                testing;
                  (B) evaluate the practicality and identify the 
                potential costs of establishing a national water pilot 
                testing facility; and
                  (C) examine the efforts of Federal agencies to 
                establish testing facilities related to other 
                technologies, including wind and solar, and the lessons 
                learned from implementing these programs.
  (b) Report.--Not later than 2 years after the date of enactment of 
this Act, the Comptroller General shall transmit to Congress a report 
on the key findings of the study conducted under subsection (a).

SEC. 7. DOE WATER TECHNOLOGIES FOR INCREASED ENERGY EFFICIENCY 
                    ACTIVITIES.

  Section 452(c)(2) of the Energy Independence and Security Act of 2007 
(Public Law 110-140; 42 U.S.C. 17111) is amended--
          (1) in subparagraph (C), by striking ``and'' after the 
        semicolon;
          (2) by redesignating subparagraphs (D) through (F) as 
        subparagraphs (E) through (G), respectively; and
          (3) by inserting after subparagraph (C) the following:
                  ``(D) research to develop water efficient 
                technologies that increase energy efficiency, including 
                utilization of impaired water sources in production;''.

SEC. 8. AUTHORIZATION OF APPROPRIATIONS.

  There are authorized to be appropriated to the National Oceanic and 
Atmospheric Administration for coordination and outreach activities 
conducted under this Act through the Office established in section 
2(b)(4)--
          (1) $2,000,000 for fiscal year 2010;
          (2) $2,000,000 for fiscal year 2011; and
          (3) $2,000,000 for fiscal year 2012.

                        II. Purpose of the Bill

    The purpose of H.R. 1145 is to authorize a National Water 
Research and Development Initiative to coordinate the Federal 
Government's efforts in research, development, demonstration, 
data collection and dissemination, education, and technology 
transfer related to water resources.

              III. Background and Need for the Legislation

    Water policy in the United States remains essentially 
unchanged despite a myriad of reports recommending broad 
changes to address dwindling water supplies. Multi-year 
droughts continue to plague regions and states around the 
country, including the Southeast, Texas, and California. For 
many municipalities, intense competition for water and 
diminished supplies will force local water agencies to make 
tough decisions on water allocations including implementation 
of restrictions to protect essential ecosystem services.
    Droughts, changing patterns of precipitation and snowmelt, 
and increased water loss due to evaporation as a result of 
warmer air temperatures are indicators that climate variability 
and climate change have impacts that are being felt across the 
United States.\1\ The Intergovernmental Panel on Climate 
Change's (IPCC) latest report projects that water supplies 
stored in glaciers and snow cover will decline in the course of 
the century, thus reducing water availability in regions 
supplied by melt water from major mountain ranges.\2\
---------------------------------------------------------------------------
    \1\U.S. Environmental Protection Agency. 2008. Water Impacts of 
Climate Change. Office of Water. EPA 800-R-08-001. www.epa.gov/water/
climatechange. Accessed February 26, 2009.
    \2\Bates, B.C., Z.W. Kundzewicz, S. Wu and J.P. Palutikof, Eds., 
2008: Climate Change and Water. Technical Paper of the 
Intergovernmental Panel on Climate Change, IPCC Secretariat, Geneva.
---------------------------------------------------------------------------
    The United States' water supply cannot support future 
populations at its current rate of consumption. The country's 
population has increased from five million citizens in the 19th 
century to over 300 million today, and it continues to grow at 
a rate of roughly one percent annually. Available surface water 
supplies have not increased in the United States since the 
1990s, and groundwater tables are continuing to decline.\3\
---------------------------------------------------------------------------
    \3\``Report to Congress on the Inter-dependency of Energy and 
Water,'' U.S. Department of Energy. December 2006.
---------------------------------------------------------------------------
    These water supply problems have substantial economic 
impacts. According to a 2000 report from the National Oceanic 
and Atmospheric Administration (NOAA), each of the eight water 
shortages over the past 20 years from drought or heat waves 
resulted in $1 billion or more in monetary losses.\4\ Further, 
an adequate supply of water is integral to industry. Water 
shortages contribute to reductions in job creation and 
retention, and increased water demand results in increased 
costs to businesses. In fact, the Association of California 
Water Agencies (ACWA) reported in 2008 that California was 
losing income and jobs due to the state's water supply 
crisis.\5\
---------------------------------------------------------------------------
    \4\U.S. Government Accounting Office, 2003 Report: Freshwater 
Supply States' Views of How Federal Agencies Could Help Them Meet the 
Challenges of Expected Water Shortages. GAO-03-514
    \5\``California Water Supply Crisis Affecting Economy,'' Water and 
Wastewater News. April 21, 2008.
---------------------------------------------------------------------------
    Available water supplies are decreasing in the face of 
increasing demand. This problem necessitates that the federal 
government establish a comprehensive strategy for research and 
development to ensure a sustainable water supply. In 2004, the 
National Academies of Science (NAS) published a study entitled 
Confronting the Nation's Water Problems: The Role of Federal 
Research, which recommended that the United States make a new 
commitment to water resources research in order to confront 
severe water challenges.\6\
---------------------------------------------------------------------------
    \6\National Research Council. 2004. Confronting the Nation's Water 
Problems: The Role of Research. Water, Science, and Technology Board. 
Committee on Assessment of Water Resources Research. National Academies 
Press, Washington, D.C.
---------------------------------------------------------------------------
    Currently, over 20 federal agencies carry out research and 
development on some aspect of water supply, water quality or 
water management. The National Academies of Science surveyed 
these agencies for its 2004 study and, based upon the 
responses, estimated approximately $700 million in federal 
expenditures on water research.
    Despite this investment, an increase in the number of water 
shortages and emerging conflicts over water supplies suggest 
that we are inadequately prepared to address the nation's water 
management issues. Quantitative knowledge of water supply in 
the United States is currently inadequate. The U.S. Water 
Resources Council completed the most recent, comprehensive, 
national water availability and use assessment in 1978.\7\ 
Accurate and timely data on water resources and variations in 
water supplies over time is essential to effectively manage 
water supplies.
---------------------------------------------------------------------------
    \7\The Council, established by the Water Resources Planning Act in 
1965 (P.L. 89-80), comprising the heads of several federal departments 
and agencies, such as Interior and the Environmental Protection Agency, 
has not been funded since 1983. U.S. Government Accounting Office, 2003 
Report: Freshwater Supply States' Views of How Federal Agencies Could 
Help Them Meet the Challenges of Expected Water Shortages. GAO-03-514.
---------------------------------------------------------------------------
    Accordingly, a national initiative coordinating federal 
water research is necessary to ensure that the United States 
maintains adequate water supplies in the coming decades. H.R. 
1145 seeks to improve the Federal Government's efforts in water 
research, development, demonstration, data collection and 
dissemination, education, and technology transfer activities to 
address changes in water use, supply, and demand in the United 
States.
    The bill codifies the Interagency Committee created in 
2003, the Subcommittee on Water Availability and Quality (SWAQ) 
of the National Science and Technology Council's Committee on 
Environment and Natural Resources. SWAQ was created to identify 
science and technology needs to address the growing issues 
related to freshwater supplies, to develop a coordinated 
multiyear plan to improve research on water supply and water 
quality, and to enhance the collection and availability of data 
needed to ensure an adequate water supply for the nation. H.R. 
1145 incorporates suggestions in the NAS's 2004 report that are 
intended to strengthen the Committee. By strengthening the SWAQ 
and providing it explicit Congressional authorization, the 
recommendations of the 2007 SWAQ report will receive due 
consideration and form the foundation of a national strategy to 
ensure that the United States has a sustainable water 
supply.\8\
---------------------------------------------------------------------------
    \8\National Science and Technology Council. Committee on 
Environment and Natural Resources. Subcommittee on Water Availability 
and Quality. 2007. A Strategy for Federal Science and Technology to 
Support Water Availability and Quality in the United States.
---------------------------------------------------------------------------

                        IV. Summary of Hearings


Full Committee Hearing--Water Supply Challenges for the 21st Century

    The Committee on Science and Technology held a hearing on 
Wednesday, May 14, 2008 to examine the challenges of managing 
water supplies to meet social, economic and environmental needs 
in the United States given population growth, climatic 
variation, and other factors. The following witnesses provided 
testimony:
           Dr. Stephen Parker, Director, Water Science 
        and Technology Board, National Research Council;
           Dr. Jonathan Overpeck, Director, Institute 
        for the Study of Planet Earth, and Professor of 
        Geosciences and Atmospheric Sciences at the University 
        of Arizona;
           Dr. Robert Wilkinson, Director, Water Policy 
        Program, Bren School of Environmental Science and 
        Management at the University of California-Santa 
        Barbara;
           Mr. Marc Levinson, Economist, U.S. Corporate 
        Research at JP Morgan Chase; and
           Dr. Roger Pulwarty, Program Director, 
        National Integrated Drought Information System (NIDIS) 
        NOAA Climate Program Office.
    Chairman Gordon opened the hearing by discussing the 
importance of evaluating the nation's water resources given 
upcoming challenges, including increased population and 
competition for water supplies, recent droughts, degraded water 
quality and climate change. He noted that a 2000 NOAA report 
indicated that each of the eight water shortages over the past 
20 years from drought or heat waves resulted in $1 billion or 
more in monetary losses.
    Witnesses expressed concern that the demand for water is 
growing as the population grows, while the availability and 
quality of the water is diminishing. All of the witnesses 
highlighted the need to explore science-based solutions for 
innovative water technologies and government leadership in 
water resources research and maintenance.
    This hearing highlighted the importance of evaluating the 
nation's water resources in light of upcoming challenges, 
including increased population and competition for water 
supplies, droughts, degraded water quality and climate change. 
Witnesses' recommendations included better coordination of 
federal efforts on water, increased funding for research on the 
effects of climate change on groundwater, improved 
consideration of efficient water use in energy systems, and 
additional money to be spent on public education programs. The 
panel also favored legislation to authorize additional water 
research funds for the Environmental Protection Agency and the 
Department of Energy.

Energy and Environment Subcommittee Hearing--A National Water 
        Initiative: Coordinating and Improving Federal Research on 
        Water

    On Wednesday, July 23, 2008, the Committee on Science and 
Technology's Energy and Environment Subcommittee held a hearing 
to receive testimony on the opportunities for the federal 
government to support and better coordinate research and 
technological innovation to enhance water supplies and water 
quality and to support improved water management. The 
Subcommittee discussed a draft of legislation to be introduced 
by Chairman Bart Gordon entitled The National Water Research 
and Development Initiative Act. The following witnesses 
provided testimony:
           Dr. Mark Shannon, Director of the United 
        States Strategic Water Initiative;
           Mr. Todd Christenson, Director of the 
        Beverage Industry Environmental Roundtable;
           Dr. Timothy T. Loftus, Water Resource 
        Planner for the Chicago Metropolitan Agency for 
        Planning (CMAP);
           Mr. Jerry Johnson, General Manager at the DC 
        Water and Sewer Authority;
           Mr. Bradley H. Spooner, Principal Engineer 
        for Environmental Services at Municipal Electric 
        Authority of Georgia; and
           Dr. Upton Hatch, Associate Director at the 
        Water Resources Research Institute of North Carolina.
    Subcommittee Chairman Lampson began the hearing by 
conveying the rationale behind the draft National Water 
Research and Development Initiative Act, which was proposed to 
meet the country's water challenges over the coming decades. To 
that end, the legislation would strengthen an interagency 
committee currently under jurisdiction of the Office of Science 
and Technology Policy.
    Witnesses recommended improved dialogue and coordination 
between federal, state and local-level agencies, and stressed 
the need for additional federal research and development 
targeted at a number of water-related challenges, including 
aquifer and groundwater storage, water treatment, and more 
efficient water use. The witnesses argued that the need for 
public education is a large barrier to ensuring water supplies 
in the future, and called on the federal government to provide 
mechanisms to transfer known technologies out of the 
laboratories and into public practice.

Full Committee Hearing--21st Century Water Planning: The Importance of 
        a Coordinated Federal Approach

    On Wednesday, March 4, 2009, the Committee on Science and 
Technology held a hearing to examine the need for a coordinated 
federal approach to water research and development in an effort 
to help communities that are, or will be, facing water 
shortages. The Committee also received testimony on H.R. 1145, 
The National Water Research and Development Initiative Act, and 
opportunities for the federal government to better coordinate 
research and technological innovation. The following witnesses 
provided testimony:
           Dr. Henry Vaux, Jr., Professor Emeritus, 
        University of California, Berkley;
           Dr. Peter Gleick, President of the Pacific 
        Institute for Studies in Development, Environment, and 
        Security;
           Mr. Mark Modzelewski, Co-founder Water 
        Innovations Alliance;
           Ms. Nancy Stoner, Co-director of the Water 
        Program at the National Research Defense Council 
        (NRDC); and
           Ms. Christine Furstoss, Chief Technology 
        Officer, GE Water and Process Technologies.
    Chairman Gordon began the hearing by noting that NOAA's 
National Center for Environmental Prediction has issued an 
outlook indicating that drought conditions will continue to 
plague a number of states and regions throughout the United 
States. He recognized the need to take decisive action to 
address the water challenges of 2009 and beyond, including the 
need for a national water policy in which research and 
development play an integral part. The legislation under 
consideration, H.R. 1145, addresses that need in part by 
ensuring that 20 federal agencies that are conducting research 
and development activities on water will coordinate their 
efforts to achieve the goal of managing water resources for the 
nation's benefit.
    Witnesses at the hearing discussed the growing supply and 
demand problem associated with water and the potential effects 
of climate change on the water supply in the future. Testimony 
highlighted the need for an integrated effort among government, 
national labs, academia, institutes and industry to develop 
research priorities and technological innovations to address 
water use, reuse, conservation and efficiency. Additionally, 
there was a great deal of support expressed for a water census 
to adequately assess regional and national water supply. One 
witness noted that one of the biggest impediments to deploying 
new clean water technologies is the high cost of energy, and 
stated that the bill introduced by Chairman Gordon will help 
focus the community on issues related to minimizing energy 
usage so that industry can deploy new technologies in a cost-
effective, environmentally-friendly way.
    Witnesses' recommendations included additional research 
outcomes in areas including climate change, social science 
barriers, water treatment, pollution prevention, and water use 
efficiency technology. The panel also supported implementation 
of a national water census and the inclusion of water use, 
particularly groundwater, as part of the census.

                          V. Committee Actions

    In the 110th Congress, the House Committee on Science and 
Technology held two hearings, on May 14, 2008 and July 23, 
2008, concerning water supply research and development.
    On September 23, 2008 Committee Chairman Bart Gordon 
introduced H.R. 6997, The National Water Research and 
Development Initiative Act, which was referred to the Committee 
on Science and Technology. On February 24, 2009, Chairman 
Gordon reintroduced the legislation in the 111th Congress as 
H.R. 1145.
    The Committee held a hearing entitled 21st Century Water 
Planning: The Importance of a Coordinated Federal Approach on 
March 3, 2009. The purpose of the hearing was to receive 
testimony on The National Water Research and Development 
Initiative Act and examine the opportunities for the federal 
government to better coordinate and support research and 
technological innovation.
    On March 25, 2009, the Committee met to consider H.R. 1145, 
the National Water Research and Development Initiative Act. The 
Committee considered the following amendments:
    1. Mr. Gordon offered a manager's amendment. The amendment 
proposed amending Section 2 to include tribal governments in 
the coordination function of the bill. The amendment further 
proposed adding an analysis of the social, behavioral, and 
economic barriers to the sustainable use of water resources to 
the list of Water Research Outcomes and Assessments. The 
amendment added a new section to the bill to require that the 
interagency committee coordinate with the United States Global 
Research Program. The amendment also expanded the Department of 
Energy's Energy-Intensive Industries Program to include 
research to develop water efficient technologies that increase 
energy efficiency, including utilization of impaired water 
sources in production, and also included an authorization of $2 
million per year for the National Oceanic and Atmospheric 
Administration to fund the coordination and outreach activities 
to be undertaken by the Initiative Coordination Office. The 
amendment was agreed to by voice vote.
    2. Mr. Smith (NE) offered an amendment to ensure 
coordination with State, local, and tribal governments in the 
development of the research and assessment plan to require 
cooperation with State, local, and tribal governments with 
respect to water-related research, development, and 
technological innovation activities to avoid duplication of 
effort and to ensure optimal use of resources and expertise. 
The amendment also required that information from and the 
recommendations of State, local, and tribal governments be 
considered in the development of the research and assessment 
plan. The amendment was agreed to by voice vote.
    3. Ms. Johnson offered an amendment to require the 
interagency committee to provide guidance on outreach to 
minority serving institutions to encourage them to apply for 
funding opportunities specified in the plan. The amendment was 
agreed to by voice vote.
    4. Ms. Edwards offered an amendment to require the 
interagency committee to encourage cooperation among the 
federal agencies, State and local governments and tribal 
governments to develop standard methods for collecting, 
managing, and disseminating data on water. The amendment was 
agreed to by voice vote.
    5. Mr. Rohrabacher offered an amendment to require the 
interagency committee to identify any statutory or regulatory 
barriers preventing the use of any technology, technique, data 
collection method, or model that would contribute to greater 
availability of water resources in the United States through 
enhanced efficiency and conservation. The amendment was agreed 
to by voice vote.
    6. Mr. Matheson offered an amendment to add additional 
assessments to the water research outcomes and assessments to 
be included in the research plan. The additional assessments 
included an assessment of national water availability and use; 
regional assessments of the status of water supplies and an 
evaluation of potential changes in status; and an assessment of 
water quality, availability, and use in rural areas. The 
amendment was agreed to by voice vote.
    7. Ms. Giffords, Mrs. Dahlkemper, and Mr. Grayson offered 
an amendment to expand the research goal of developing new 
technologies to enhance water supply to encompass water reuse 
and pollution prevention, and also directing participating 
federal agencies to develop innovative technologies and tools 
to enhance water quality, including advanced water treatment 
and water purification technologies. The amendment was agreed 
to by voice vote.
    8. Mr. Tonko offered an amendment to add the development of 
information technology systems to enhance water quality and 
supply to the water research outcomes included in the research 
plan, and to require the Government Accountability Office to 
complete a study examining the feasibility and practicality of 
creating a national water pilot testing facility. The amendment 
was agreed to by voice vote.
    H.R. 1145, as amended, was agreed to by voice vote.
    Mr. Baird moved that the Committee favorably report H.R. 
1145, as amended, to the House with the recommendation that the 
bill do pass. The motion was agreed to by voice vote.

              VI. Summary of Major Provisions of the Bill

    H.R. 1145 requires the implementation of a National Water 
Research and Development Initiative to improve federal 
activities to address changes in water use, supply, and demand 
in the United States, including providing additional support to 
increase water supply through greater efficiency and 
conservation. The bill establishes an interagency committee, 
chaired by the Office of Science and Technology Policy, with 
representation from all Federal agencies conducting water 
research or having authority over resources affecting water 
supply, along with the Office of Management and Budget.
    The bill requires that the interagency committee: (1) 
develop a National Water Research and Assessment Plan; (2) 
coordinate all Federal research, development, demonstration, 
data collection and dissemination, education, and technology 
transfer activities pertaining to water; (3) encourage 
cooperation among Federal agencies with respect to water-
related research, development, and technological innovation 
activities to avoid duplication of effort and to ensure optimal 
use of resources and expertise; (4) facilitate technology 
transfer, communication, and opportunities for information 
exchange, with non-governmental organizations, State and local 
governments, industry, and other members of the stakeholder 
community; (5) provide guidance on outreach to minority serving 
institutions and encourage such institutions to apply for 
funding opportunities specified in the plan; (6) encourage 
cooperation between Federal agencies, State and local 
governments, and tribal governments to develop standard methods 
for collecting, managing, and disseminating data on water; and 
(7) within 1 year of enactment and every 3 years thereafter, 
identify from each agency the statutory or regulatory barriers 
preventing the use of any technology, technique, data 
collection method, or model that would contribute to greater 
availability of water resources in the United States and submit 
a report of these findings to Congress.
    H.R. 1145 also establishes a National Water Initiative 
Coordination Office, with a full-time staff, to provide 
technical and administrative support to the interagency 
committee, to serve as a point of contact on Federal water 
activities, and to communicate the interagency committee's 
findings and recommendations to the public. The bill authorizes 
$2 million per year for the National Oceanic and Atmospheric 
Administration to fund the coordination and outreach activities 
undertaken by the Initiative Coordination Office.
    The National Water Research and Assessment Plan required 
under the bill will establish federal priorities for Federal 
water research and assessment. H.R. 1145 lists a number of 
water research outcomes and assessments to be achieved through 
the plan by the agencies participating in the Initiative, 
including: (1) implementation of a National Water Census to 
create a comprehensive database that includes information about 
the quantity, availability, and quality of ground water and 
surface water resources; (2) development of a new generation of 
water monitoring techniques; (3) development of technologies 
for enhancing reliable water supply, water reuse, and pollution 
prevention; (4) development of innovative technologies and 
tools to enhance water quality, including advanced water 
treatment and purification technologies; (5) development of 
innovative technologies and tools to enhance water-use 
efficiency and tools to encourage public acceptance of such 
technologies and tools; (6) development of tools and processes 
to facilitate resolution of conflicts over water resources; (7) 
development of information technology systems to enhance water 
quality and supply; (8) improvement of understanding of water-
related ecosystem services and ecosystem needs for water; (9) 
improvement of hydrologic prediction models and their 
applications; (10) analyses of the energy required to provide 
reliable water supplies and the water required to provide 
reliable energy supplies throughout the United States; (11) 
analyses of the social, behavioral, and economic barriers to 
sustainable use of water resources; (12) assessment of national 
water availability and use; (13) regional assessments of the 
status of water supplies and an evaluation of potential changes 
in status; and (14) assessment of water quality, availability, 
and use in rural areas.
    In developing the National Water Research Assessment Plan, 
the interagency committee shall consider and utilize 
recommendations and information from State, local, and tribal 
governments and contained in reports that have addressed water 
research needs, including the 2007 report issued by the 
Subcommittee on Water Availability and Quality (SWAQ) of the 
National Science and Technology Council's Committee on 
Environment and Natural Resources, and recommendations of the 
National Academy of Sciences. The plan will be subject to a 90-
day public comment period and must be submitted to Congress 
within 1 year of enactment.
    The President shall provide guidance to each participating 
agency with respect to preparation of appropriations requests 
for activities related to the plan. Concurrent with annual 
budget submission, the President must submit to Congress an 
annual report describing the activities and results of the 
Initiative during the previous fiscal year and outlining the 
objectives for the next fiscal year.
    The bill requires the interagency committee to coordinate 
the activities of the Initiative with the United States Global 
Change Research Program.
    Additionally, the bill directs the Comptroller General of 
the United States to complete a study examining the feasibility 
of creating a national water pilot testing facility and report 
the key findings of the study to Congress within 2 years of the 
enactment of H.R. 1145.
    Finally, the bill amends Section 452(c)(2) of the Energy 
Independence and Security Act of 2007 to add research to 
develop water efficient technologies that increase energy 
efficiency, including utilization of impaired water sources in 
production, to the list of eligible activities.

                    VII. Section-by-Section Analysis


Section 1. Short title

    The National Water Research and Development Initiative Act 
of 2009.

Section 2. National Water Research and Development Initiative

    Section 2 directs the President to implement a National 
Water Research and Development Initiative to improve Federal 
activities on water, including: research, development, 
demonstration, data collection and dissemination, education, 
and technology transfer. As part of the Initiative, the 
President shall establish or designate an Interagency Committee 
with representation from all Federal agencies conducting 
research related to water or having authority over resources 
that affect water supply, and the Office of Management and 
Budget. The Office of Science and Technology Policy will chair 
the Committee.
    The Committee is charged with developing a National Water 
Research and Assessment Plan; coordinating all Federal 
activities on water that include research, development, 
demonstration, data collection and dissemination, education, 
and technology transfer; and encouraging cooperation among 
agencies and State, local, and tribal governments with respect 
to water-related research, development, and technological 
innovation to avoid duplication of effort and to ensure optimal 
use of resources and expertise. The Committee is also 
responsible for facilitating technology transfer, 
communication, and opportunities for exchange with non-
governmental organizations, State, local, and tribal 
governments, industry, and other stakeholders.
    The Committee shall also provide guidance on outreach to 
minority serving institutions to encourage such institutions to 
apply for funding opportunities specified in the research plan; 
encourage cooperation between Federal agencies, State and local 
governments, and tribal governments to develop standard methods 
for collecting, managing, and disseminating data on water; and 
identify statutory or regulatory barriers preventing the use of 
any technology, technique, data collection method, or model 
that would contribute to greater availability of water 
resources through enhanced efficiency and conservation.
    The President is directed to create a National Water 
Initiative Coordination Office to provide technical and 
administrative support to the Committee. The Office will 
disseminate information to the public and serve as a point of 
contact on Federal water activities for government agencies, 
organizations, academia, industry, professional societies, and 
others to exchange technical and programmatic information.
    The National Water Research and Assessment Plan will 
establish priorities for Federal water research and assessment 
and shall utilize the recommendation from a 2007 Report issued 
by SWAQ (Subcommittee on Water Availability and Quality of the 
National Science and Technology Council) and recommendations by 
the National Academy of Sciences.
    The plan is to identify each current program and activity 
of each Federal agency related to the Initiative; identify 
funding levels for the previous fiscal year for each program 
and, if applicable, each activity; set forth a strategy and a 
timeline to achieve the water research outcomes, as well as the 
activities required of each agency responsible for contributing 
to each outcome, the funding levels necessary to achieve each 
outcome, and the distribution of funds between each agency 
based on the agency's role in carrying out such activity. The 
plan is subject to a 90-day public comment period and must be 
submitted to Congress within 1 year of enactment.
    The plan must outline and direct agencies under the 
Committee to work to achieve the several water research 
outcomes and assessments. These include: (1) implementation of 
a National Water Census to create a comprehensive database that 
includes information about the quantity, availability, and 
quality of ground water and surface water resources; (2) 
development of a new generation of water monitoring techniques; 
(3) development of technologies for enhancing reliable water 
supply, water reuse, and pollution prevention; (4) development 
of innovative technologies and tools to enhance water quality, 
including advance water treatment and purification 
technologies; (5) development of innovative technologies and 
tools to enhance water-use efficiency and tools to encourage 
public acceptance of such technologies and tools; (6) 
development of tools and processes to facilitate resolution of 
conflicts over water resources; (7) development of information 
technology systems to enhance water quality and supply; (8) 
improvement of understanding of water-related ecosystem 
services and ecosystem needs for water; (9) improvement of 
hydrologic prediction models and their applications; (10) 
analyses of the energy required to provide reliable water 
supplies and the water required to provide reliable energy 
supplies throughout the United States; (11) analyses of the 
social, behavioral, and economic barriers to sustainable use of 
water resources; (12) assessment of national water availability 
and use; (13) regional assessments of the status of water 
supplies and an evaluation of potential changes in status; and 
(14) assessment of water quality, availability, and use in 
rural areas.
    Section 2 also requires the President to establish, or 
designate, an advisory committee to advise the Committee.

Section 3. Budget coordination

    Section 3 directs the President to provide guidance to each 
Federal agency in the Initiative with respect to the 
President's annual request. The President is required to 
describe and list the items in the request that are elements of 
the plan or help to achieve the outcomes of the plan.

Section 4. Coordination

    Section 4 requires the interagency committee to coordinate 
the activities of the Initiative with the United States Global 
Change Research Program.

Section 5. Annual report

    Section 5 directs the President to submit an annual report 
to Congress describing the activities and results of the 
Initiative during the previous fiscal year and outlines 
objectives for the next fiscal year. The annual report shall 
include detailed information on all programs and activities 
involved in the Initiative, including an analysis of progress 
towards achieving the water research outcomes and assessments.

Section 6. National water pilot testing facility feasibility study and 
        report

    Section 6 directs the Comptroller General of the United 
States to complete a study examining the feasibility of 
creating a national water pilot testing facility and report the 
key findings of the study to Congress within 2 years of the 
enactment.

Section 7. DOE water technologies for increased energy efficiency 
        activities

    Section 7 amends Section 452(c)(2) of the Energy 
Independence and Security Act of 2007 to add research to 
develop water efficient technologies that increase energy 
efficiency, including utilization of impaired water sources in 
production, as an eligible activity.

Section 8. Authorization of appropriations

    Section 8 authorizes $2 million per year for fiscal years 
2010, 2011, and 2012 to the National Oceanic and Atmospheric 
Administration for coordination and outreach activities 
undertaken by the National Water Initiative Coordination 
Office.

                         VIII. Committee Views

    H.R. 1145, The National Water Research and Development 
Initiative Act, as amended, will improve coordination among the 
federal agencies involved in research on water resources. H.R. 
1145 also will improve communication between the Federal 
Government and State, local, and tribal governments that have 
much of the authority over management of water resources. H.R. 
1145 builds on the recommendations on the National Academies' 
2004 report, Confronting the Nation's Water Problems,\9\ and 
work of the Subcommittee on Water Availability and Quality 
(SWAQ) of the National Science and Technology Council's 
Committee on Environment and Natural Resources.
---------------------------------------------------------------------------
    \9\National Academies of Science. 2004. Confronting the Nation's 
Water Problems: The Role of Research. Water Science and Technology 
Board. Committee on Assessment of Water Resources Research. National 
Research Council. Washington, DC.
---------------------------------------------------------------------------
    The Committee believes that by establishing a clear, 
national water research strategy for the 20-plus federal 
agencies engaged in water research and assessment, the United 
States can avert much of the increased cost, social disruption, 
and environmental damage associated with future water 
shortages.
    The Committee notes the important research being done on 
water at the National Oceanic and Atmospheric Administration, 
the Environmental Protection Agency, and the Department of 
Interior. The Committee also recognizes the importance of the 
work done by the U.S. Geological Survey to monitor and assess 
our nation's water resources. The Committee also believes that 
contribution by the academic community is vital to efforts to 
manage our water resources effectively. The Committee fully 
supports the National Science Foundation's efforts to provide 
extramural grant funds to support a wide array of research on 
water resources and technologies. In addition, the Committee 
believes that the state water resources research institutes, 
established under provisions of the Water Resources Research 
Act (P.L. 98-242) serve vitally important research, extension 
and outreach functions throughout the country. These institutes 
have a key role to play in the two-way communication between 
Federal water agencies and organizations at the state level, 
including universities, where most water research, including 
that funded by the Federal government, occurs.
    The recently-enacted Omnibus Public Land Management Act of 
2009 (P.L. 111-11) directs the Secretary of Interior to conduct 
a variety of activities related to water management on federal 
lands. The Secretary is required to establish a climate change 
adaptation program to address water management in watersheds 
containing federally authorized reclamation projects. The law 
also directs the Secretary of Energy to conduct an assessment 
of potential climate change impacts on hydropower projects 
under the authority of the Federal Power Marketing 
Administration. In addition, P.L. 111-11 directs the Secretary 
of Interior to establish an interagency committee on water and 
climate change to review the impacts of climate change on 
freshwater resources in the U.S., to develop strategies to 
improve observations and expand data collection needed to 
assess climate impacts. The law also provides an increased 
authorization for the U.S. Geological Service for the National 
Streamflow Information Program and for expanded monitoring of 
groundwater resources.
    The Committee notes that several of the provisions of the 
new law provide authorizations that implement research outcomes 
included in the Omnibus Public Land Management Act of 2009. The 
Committee believes the coordination and formal planning 
required under H.R. 1145 provide a mechanism to prioritize the 
work authorized by P.L. 111-11, ensures that new information 
generated through these programs is readily available to other 
federal agencies, and ensures distribution of research results 
beyond the traditional client base of the Department of 
Interior. H.R. 1145 ensures coordination of the research, 
development and demonstration activities of other federal 
agencies with expertise in water that will be required to 
develop the assessments and the adaptive management strategies 
for water resources that are required by the new law.
    The Committee believes that the SWAQ is the appropriate 
designee for the Interagency Committee mandated by H.R. 1145. 
The Committee believes that management of water resources will 
continue to be a focus of multiple federal agencies and that a 
permanent coordinating structure for the diverse programs of 
the federal government will ensure these programs are conducted 
in an efficient, cost effective manner. By codifying the 
existing interagency committee, H.R. 1145 provides continuity 
to the current work of the SWAQ and the helps to ensure that 
the goals of the legislation will be achieved more rapidly.
    H.R. 1145 directs the Office of Science and Technology 
Policy (OSTP) to chair the Interagency Committee. The functions 
of OSTP Director included in P.L. 94-282 are consistent with 
the need for leadership on the scientific and policy issues 
coordinated by SWAQ through the Initiative. As an interagency 
office, OSTP is positioned to take a broad view of overall 
government resources and capabilities that are applied to water 
resource management issues. The Committee expects the Director 
of OSTP to work with the Office of Management and Budget to 
ensure that agency budget allocations are sufficient to achieve 
the Initiative's goals as outlined in the Research and 
Assessment Plan.
    Since its formation, the work of the SWAQ focused on 
coordination of federal agency programs and the development of 
a strategic plan to identify key needs for research on water 
resources. The Committee believes the federal government must 
engage in additional communication and information exchange 
with the broader community of stakeholders with interests and 
expertise in water. The Committee has mandated outreach and 
communication to be major functions of SWAQ. The Committee 
envisions a process of two-way communication between the 
Federal Government and the broader governmental and non-
governmental community with interests in water issues. In 
addition to working with State, local and tribal governments, 
the program should solicit input from the academic community 
and the private sector, as well as other non-governmental 
organizations.
    The Committee also included direction to the Interagency 
Committee to ensure participation in water research and 
development programs by minority serving institutions. A number 
of the federal agencies included in the Initiative support 
research and development projects through competitively awarded 
grants and contracts. The Committee expects key science 
organizations that also have important roles in education and 
training, including the National Science Foundation, the 
National Oceanic and Atmospheric Administration, the 
Environmental Protection Agency, and the Department of 
Interior, to encourage broad participation in these efforts. 
The Committee notes that water resource issues impact 
communities throughout the nation.
    The Committee recognizes that many governmental entities 
gather data and information on water resources. The Committee 
directs the Interagency Committee to encourage the Federal 
Government to work cooperatively with State, local, and tribal 
governments to develop common methods for collecting and 
managing data to facilitate sharing of information among these 
entities. The Committee does not intend to create any 
additional mandates for State, local and tribal governments to 
transfer data to the Federal Government beyond what is already 
required under other statutes. However, the Committee believes 
that common data protocols can facilitate the combination of 
data and information from different sources to achieve more 
comprehensive understanding of the current status and use of 
water resources and to reduce the need for costly, duplicative 
efforts to gather this information.
    The Committee recognizes that there are numerous statutes, 
policies, and regulations that address issues related to water 
resources. The Committee also recognizes that there are 
barriers to the adoption and use of new technologies and that 
some of these barriers are unrelated to cost or availability of 
these new tools and may be statutory or regulatory barriers. 
The Committee directs the Interagency Committee to coordinate a 
policy review by each federal agency participating in the 
Initiative to identify barriers that may be associated with the 
statutes and regulations they administer.
    Section 2(b)(4) of H.R. 1145 establishes an office to 
assist the Interagency Committee in the administration of the 
Initiative and to provide a single point of contact for 
interested parties to access information on federal programs in 
water. While the Committee recognizes that this one office 
could not serve as a repository for all federal information and 
expertise on water, it will be able to quickly direct inquiries 
to the appropriate federal agency or program. The Committee 
also intends this office to support activities such as 
workshops and conferences to foster information exchange 
between the federal government and the broader community with 
interests in and responsibilities for management of water 
resources. The Committee envisions support for this office from 
participating agencies through allocation of appropriate agency 
funds or through assignment of agency personnel to the office.
    H.R. 1145 requires the development of a multi-year research 
and assessment plan to be provided to Congress within one year 
of enactment. The Committee recognizes this is an aggressive 
deadline for the Plan. However, much of the work needed to 
produce this Plan has already been done and is readily 
available in the reports referenced in the legislation. The 
Committee expects funding levels and anticipated timelines to 
be added to the research agenda contained in the 2007 report 
produced by SWAQ, A Strategy for Federal Science and Technology 
to Support Water Availability and Quality in the United 
States.\10\
---------------------------------------------------------------------------
    \10\National Science and Technology Council, Committee on Natural 
Resources, Subcommittee on Water Availability and Quality. 2007. A 
Strategy for Federal Science and Technology to Support Water 
Availability and Quality in the United States. 35 pp.
---------------------------------------------------------------------------
    H.R. 1145 contains a list of research topics the Initiative 
should undertake to address the challenges the United States 
faces in maintaining adequate water supplies.
    The Committee believes an updated census of water resources 
is essential to facilitate planning and decision-making by all 
levels of government, as well as by individual citizens and 
businesses. It is also essential for the development of 
adaptation strategies to reduce vulnerability to variations in 
weather and climate and to resolve conflicts over water 
resources. The Committee recognizes the completion of a 
national water census requires significant effort and 
resources. The Committee expects the Plan to provide guidance 
for initiating this effort as authorized in P.L. 111-11.
    The Committee believes we need to explore a full range of 
options for enhancing reliable water supplies. Pollution 
prevention saves money and energy and maintains the quality of 
current water supplies. Developing best management practices to 
address non-point source pollution and to promote retention of 
water within watersheds is an area of research that could have 
broad applicability to all regions of the country. In addition, 
urban and suburban water systems that capture water for re-use 
can provide important benefits while extending water supplies. 
This research could include applications that could be utilized 
either at the scale of individual buildings or neighborhoods.
    H.R. 1145 makes reference to technologies, tools and 
processes in the list of research topics that are envisioned 
for the Initiative. The Committee intends the research 
conducted under the Initiative to explore the development of a 
wide variety of applications. Models, data sets, and land 
management practices as well as public outreach and educational 
materials are all envisioned as potential outcomes of the 
research supported through the Initiative.
    The Committee included relatively new areas of research, 
such as potential applications of information technology to 
water treatment and water distribution systems to facilitate 
real-time monitoring and rapid detection of system or water 
quality problems. The Committee also included ongoing research 
and development, such as the improvement of hydrologic 
prediction models by NOAA, which have broad applicability for 
forecasting of flooding due to severe weather events and to 
longer term management and planning to avoid the worst impacts 
of floods and droughts.
    The Committee also believes we must utilize an integrated 
approach to address the challenges of meeting our needs for 
water and energy supplies. Energy is required to treat, obtain, 
and transport water. Water is required to cool power generation 
facilities, to grow the crops intended for use as biofuels, and 
in some extraction or exploration activities. Produced water is 
generated as a waste stream during oil and gas extraction.
    The Committee also believes that social science research 
should be pursued under the Initiative. Individual behavior 
exerts a strong influence over the acceptance of new 
technologies and the speed at which they are adopted through 
purchase of water utilizing appliances, choices of plumbing 
systems for new buildings, and through everyday practices in 
homes and businesses. Better understanding of the non-technical 
barriers to acceptance of new technologies and practices could 
lead to broader and more rapid adoption of them.
    In addition to the research supported through the 
Initiative, the Committee recognizes that there is increased 
demand for resource assessments, including assessments to 
project future water supplies and assessments of specific 
geographic regions. Section 9508 of P.L. 111-11 establishes a 
program to assess the status of the nation's water resources. 
H.R. 1145 requires the Plan for the Initiative to include a 
national assessment of water availability and use. As in the 
case of the water census, the Committee believes this activity 
will require significant time and resources and is likely to 
require significant input of information and expertise from 
multiple agencies. The Committee believes the development of 
assessments would benefit from careful planning, involvement of 
SWAQ, and involvement of the broader community that will 
utilize the information provided through the assessments.
    The Committee recognizes the need for regional assessments. 
Development, land use and population growth patterns vary 
across the country, as do weather and climatic conditions. 
State, local and tribal governments need more refined 
information about water supplies and the activities that impact 
water resources. The Committee required the needs of rural 
communities to be taken into account in the Plan for future 
assessments. Citizens in rural areas are dependent upon local 
ground and surface water supplies. Costs per customer in rural 
areas to transport water and to treat waters that are impaired 
or become impaired are very high and alternative supplies may 
not be available. Research to develop watershed management, 
pollution prevention, and alternative treatments to maintain 
water quality and supplies in rural areas is needed to ensure 
continued viability of rural communities.
    H.R. 1145 directs the President to designate or establish 
an advisory committee for the Initiative. The Committee 
recognizes that there is an active advisory committee currently 
in place, the Advisory Committee on Water Information (ACWI) 
that the Committee believes is well-suited to this role. ACWI 
has a broad-based membership and has well-established 
connections to the broader community with interests and 
expertise in water resource issues.
    The Committee is aware of the increased interest in 
analyses of the potential impacts of climate change on key 
sectors of the economy, communities, and natural resources. The 
Committee notes these analyses and the information needed to 
facilitate the development of adaptation plans is required 
under P.L. 101-606, the U.S. Global Change Research Act. The 
Committee notes there have been recent products of the U.S. 
Global Change Research Program (USGCRP) and by the U.S. 
Geological Service that address these issues.\11\ Section 4 of 
H.R. 1145 directs the SWAQ to coordinate its efforts with those 
of the USGCRP. H.R. 1145 is intended to facilitate better 
coordination of federal agency efforts. The Committee does not 
intend to replace or duplicate the activities of the USGCRP in 
this legislation.
---------------------------------------------------------------------------
    \11\Backlund, P.; A. Janetos; and D. Schimel (Lead Coordinating 
Authors). 2008. The Effects of Climate Change on Agriculture, Water 
Resources, and Biodiversity in the U.S., U.S. Climate Change Science 
Program, Synthesis and Assessment Product 4.3, 252 pp.
    Brekke, L.D., J.E. Kiang, J. R. Olsen, R.S. Pulwarty, D. A. Raff, 
D. P. Turnipseed, R.S. Webb, and K.D. White. 2009. Climate change and 
water resources management--A federal perspective: U.S. Geological 
Survey Circular 1331, 65p. http://pubs.usgs.gov/circ/1331/.
---------------------------------------------------------------------------
    H.R. 1145 includes direction to the Government 
Accountability Office (GAO) to do a study to evaluate the 
potential benefits and the likely costs of establishing a 
national water pilot testing facility. Such a facility was 
recommended during one of the hearings on this legislation. 
However, the Committee believes this proposal should be fully 
evaluated before any funds are authorized to establish a new 
federal facility.
    The Committee also included a provision to expand the scope 
of activities that are eligible for funding under the 
Department of Energy's (DOE) Industrial Technologies Program. 
This program partners an energy-intensive manufacturing company 
with DOE to perform applied research with the goal of improving 
the energy efficiency of manufacturing operations. H.R. 1145 
would enable industries with an interest in working with DOE to 
improve their water-use efficiency in addition to improving 
their energy efficiency to apply for funding under this 
program. H.R. 1145 also makes projects that would enable 
industries to utilize impaired water under the program. The 
Committee did not define impaired water, since the degree of 
impairment of the water is often determined by the proposed 
use. Impaired water could include water with too high or low a 
temperature, saline water, water with organic or inorganic 
contaminants, or produced water released during extraction of 
oil and gas.

                           IX. Cost Estimate

    A cost estimate and comparison prepared by the Director of 
the Congressional Budget Office under section 402 of the 
Congressional Budget Act of 1974 has been timely submitted to 
the Committee on Science and Technology prior to the filing of 
this report and is included in Section X of this report 
pursuant to House Rule XIII, clause 3(c)(3).
    H.R. 1145 does not contain new budget authority, credit 
authority, or changes in revenues or tax expenditures. Assuming 
that sums authorized under the bill are appropriated, H.R. 1145 
does authorize additional discretionary spending, as described 
in the Congressional Budget Office report on the bill, which is 
contained in Section X of this report.

              X. Congressional Budget Office Cost Estimate

                                                     April 1, 2009.
Hon. Bart Gordon,
Chairman, Committee on Science and Technology,
House of Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for H.R. 1145, the National 
Water Research and Development Initiative Act of 2009.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contacts are Deborah 
Reis and Leigh Angres.
            Sincerely,
                                              Douglas W. Elmendorf.
    Enclosure.

H.R. 1145--National Water Research and Development Initiative Act of 
        2009

    Summary: H.R. 1145 would direct the President to establish 
an interagency committee to implement a national initiative on 
water research and development. For this purpose, the bill also 
would establish a National Water Coordination Office within the 
Office of Science and Technology Policy (OSTP). Finally, the 
bill would direct the Government Accountability Office (GAO) to 
conduct a study to examine the feasibility of creating a pilot 
testing facility for water research.
    Assuming appropriation of the amounts authorized or 
estimated to be necessary, CBO estimates that implementing H.R. 
1145 would cost the federal government about $8 million over 
the 2010-2014 period. Enacting the bill would not affect 
revenues or direct spending.
    H.R. 1145 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act (UMRA) 
and would impose no costs on state, local, or tribal 
governments.
    Estimated cost to the Federal Government: The estimated 
budgetary impact of H.R. 1145 is shown in the following table. 
The costs of this legislation fall within budget functions 300 
(natural resources and environment) and 800 (general 
government).


----------------------------------------------------------------------------------------------------------------
                                                                 By fiscal year, in millions of dollars--
                                                         -------------------------------------------------------
                                                            2010     2011     2012     2013     2014   2010-2014
----------------------------------------------------------------------------------------------------------------
                                  CHANGES IN SPENDING SUBJECT TO APPROPRIATION

Estimated Authorization Level...........................        3        2        2        *        *          8
Estimated Outlays.......................................        2        3        2        *        *          8
----------------------------------------------------------------------------------------------------------------
Note: * = Less than 500,000.

    Basis of Estimate: For this estimate, CBO assumes that H.R. 
1145 will be enacted during fiscal year 2009 and that the 
entire amounts authorized or estimated to be necessary will be 
appropriated for each of fiscal years 2010 through 2014. 
Estimated outlays are based on historical spending patterns for 
similar programs.
    H.R. 1145 would authorize the appropriation of $2 million 
for the National Oceanic and Atmospheric Administration (NOAA) 
for each of fiscal years 2010 through 2012 for coordination and 
outreach activities concerning water research. In addition, CBO 
estimates that less than $500,000 a year would be required to 
staff a new water research and development coordination office 
within OSTP. Finally, CBO estimates that GAO would require 
about $1 million in 2010 to conduct a study to examine the 
feasibility of creating a pilot testing facility for water 
research.
    Assuming appropriation of the authorized and necessary 
amounts, CBO estimates that implementing H.R. 1145 would cost 
the federal government nearly $8 million over the 2010-2014 
period.
    Intergovernmental and private-sector impact: H.R. 1145 
contains no intergovernmental or private-sector mandates as 
defined in UMRA and would impose no costs on state, local, or 
tribal governments.
    Estimate prepared by: Federal costs: Deborah Reis and Leigh 
Angres; Impact on state, local, and tribal governments: Ryan 
Miller; Impact on the private sector: Amy Petz.
    Estimate approved by: Theresa Gullo, Deputy Assistant 
Director for Budget Analysis.

                  XI. Compliance With Public Law 104-4

    H.R. 1145 contains no unfunded mandates.

         XII. Committee Oversight Findings and Recommendations

    The Committee on Science and Technology's oversight 
findings and recommendations are reflected in the body of this 
report.

      XIII. Statement on General Performance Goals and Objectives

    Pursuant to clause (3)(c) of House Rule XIII, the goal of 
H.R. 1145 is to improve the federal government's role in 
designing and implementing federal water research, development, 
demonstration, data collection and dissemination, education, 
and technology transfer activities to address changes in water 
use, supply, and demand in the United States, including 
providing additional support to increase water supply through 
greater efficiency and conservation.

                XIV. Constitutional Authority Statement

    Article I, section 8 of the Constitution of the United 
States grants Congress the authority to enact H.R. 1145.

                XV. Federal Advisory Committee Statement

    It may be that the functions of the advisory committee 
authorized in H.R. 1145 could be performed by enlarging the 
mandate of another existing advisory committee. For that 
reason, H.R. 1145 provides discretion to the President. Under 
the bill, the President must establish, or designate, an 
advisory committee to carry out to prescribed functions.

                 XVI. Congressional Accountability Act

    The Committee finds that H.R. 1145 does not relate to the 
terms and conditions of employment or access to public services 
or accommodations within the meaning of section 102(b)(3) of 
the Congressional Accountability Act (Public Law 104-1).

                      XVII. Earmark Identification

    H.R. 1145 does not contain any congressional earmarks, 
limited tax benefits, or limited tariff benefits as defined in 
House Rule XXI, clause 9(d), 9(e), and 9(f).

     XVIII. Statement on Preemption of State, Local, or Tribal Law

    The bill is not intended to preempt any state, local, or 
tribal law.

       XIX. Changes in Existing Law Made by the Bill, as Reported

    In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, as reported, are shown as follows (existing law 
proposed to be omitted is enclosed in black brackets, new 
matter is printed in italic, existing law in which no change is 
proposed is shown in roman):

    SECTION 452 OF THE ENERGY INDEPENDENCE AND SECURITY ACT OF 2007


SEC. 452. ENERGY-INTENSIVE INDUSTRIES PROGRAM.

  (a) * * *

           *       *       *       *       *       *       *

  (c) Partnerships.--
          (1) * * *
          (2) Eligible activities.--Partnership activities 
        eligible for funding under this subsection include--
                  (A) * * *

           *       *       *       *       *       *       *

                  (C) research to achieve energy efficiency in 
                steam, power, control system, and process heat 
                technologies, and in other manufacturing 
                processes; [and]
                  (D) research to develop water efficient 
                technologies that increase energy efficiency, 
                including utilization of impaired water sources 
                in production;
                  [(D)] (E) industrial and commercial energy 
                efficiency and sustainability assessments to--
                          (i) * * *

           *       *       *       *       *       *       *

                  [(E)] (F) the incorporation of technologies 
                and innovations that would significantly 
                improve the energy efficiency and utilization 
                of energy-intensive commercial applications; 
                and
                  [(F)] (G) any other activities that the 
                Secretary determines to be appropriate.

           *       *       *       *       *       *       *


                      XX. Committee Recommendation

    On March 25, 2009, the Committee on Science and Technology 
favorably reported the National Water Research and Development 
Initiative Act of 2009 by voice vote, and recommended its 
enactment.



                         XXII. Additional Views

 ADDITIONAL VIEWS OF REPRESENTATIVES RALPH HALL, JAMES SENSENBRENNER, 
  ROSCOE BARTLETT, BRIAN BILBRAY, VERNON EHLERS, MICHAEL MCCAUL, BOB 
              INGLIS, MARIO DIAZ-BALART, AND ADRIAN SMITH

    The National Water Research and Development Initiative Act 
is this Committee's response to the many recommendations made 
by the country's top scientists on water research and 
development. Our water supply is of vital importance to the 
health and well-being of our nation and we are glad the 
Committee has chosen to address such an important topic.
    No State is immune to water problems, whether there is too 
little of it, or an overabundance of it. Yet in the last 
quarter-century, our knowledge of water resources has been 
based on research that was conducted in the middle of the last 
century. While we support the concepts behind the National 
Water Research and Development Initiative Act, issues remain 
that need to be further addressed.
    We are concerned that several provisions of H.R. 1145 may 
duplicate provisions found in H.R. 146, the Omnibus Public 
Lands Act of 2009 specifically the SECURE Water Act. We must be 
mindful to ensure these two bills compliment each other and do 
not create additional bureaucratic burdens on water research 
efforts.
    Further, we must be very careful not to undermine the 
historical responsibility that State and local governments have 
on managing their water resources, so it is vitally important 
that the authorities given in this bill do not supersede or 
duplicate efforts at these levels. For example, we are 
concerned that the vague nature and description of the 
``National Water Census'' in this bill may be a step towards 
federalizing groundwater and other water resources normally 
managed by state and local entities. To that end, we offered 
and passed an amendment to ensure state, local, and tribal 
participation in coordination efforts. We hope to work together 
to further clarify the necessary contribution of these 
nonfederal entities.
    Mr. Gordon offered a manager's amendment expanding the 
Energy-Intensive Industries Program established in the Energy 
Independence and Security Act (EISA) of 2007 to include 
``research to develop water efficient technologies that 
increase energy efficiency, including utilization of impaired 
water sources in production''. During the mark-up, questions 
were posed about the definition of ``impaired waters''. These 
questions sought to clarify that ``impaired waters'' included 
water extracted during oil and gas exploration and production. 
As a potentially significant source of water, the language of 
the amendment should be inclusive of all sources of nonpotable 
water.


                                   Ralph M. Hall.
                                   Jim Sensenbrenner.
                                   Roscoe Bartlett.
                                   Brian P. Bilbray.
                                   Vernon J. Ehlers.
                                   Adrian Smith.
                                   Bob Inglis.
                                   Michael T. McCaul.
                                   Mario Diaz-Balart.

            ADDITIONAL VIEWS OF REPRESENTATIVE JIM MATHESON

    Over the last 12 years, Utah has experienced a major 
drought which has threatened the state's economy. As the second 
driest state in the nation, Utah relies heavily on recreation, 
tourism, ranching, and agriculture. The lack of water threatens 
life and cripples local economies, particularly in rural areas 
of the state.
    Utah's need for water is a common story in the West and 
increasingly in other parts of the nation, which highlights the 
need for a national database that contains relevant data from 
all water and wastewater systems in the United States. 
Currently, there is no national resource that quantifies usage 
and allows water users to share best practices and data in 
order to improve water resource management.
    This legislation will enable the development of a robust 
database to facilitate a timely and useful production and 
analysis of data that will improve the water industry, 
particularly for rural water users. This would be accomplished 
by implementing safe, economical methods of funding and 
developing the nation's water and wastewater infrastructure, 
securing and protecting these systems, providing for long term 
sustainability of current and future systems, and efficiently 
managing the nation's water supply.


                                   Jim Matheson.


   XXIII. PROCEEDINGS OF THE FULL COMMITTEE MARKUP ON H.R. 1145, THE 
     NATIONAL WATER RESEARCH AND DEVELOPMENT INITIATIVE ACT OF 2009

                              ----------                              


                       WEDNESDAY, MARCH 25, 2009

                  House of Representatives,
                                      Committee on Science,
                                                    Washington, DC.

    The Committee met, pursuant to call, at 10:08 a.m., in Room 
2318 of the Rayburn House Office Building, Hon. Bart Gordon 
[Chair of the Committee] presiding.
    Chair Gordon. Good morning. The Committee will come to 
order. Pursuant to notice, the Committee on Science and 
Technology meets to consider the following measures: H.R. 1580, 
the Electronic Waste Research Development Act, and H.R. 1145, 
the National Water Research Development Initiative Act of 2009.
    Before we get started with the markup, we have a little 
Committee business to take care of, and I recognize Mr. Hall 
for unanimous consent.
    Mr. Hall. Mr. Chair, thank you, Mr. Chair, and I ask 
unanimous consent to officially remove Representative Adrian 
Smith as a Member of the Research and Science Education 
Subcommittee and to officially recognize Representative Bob 
Inglis as a Member of the Research and Science Education 
Subcommittee of the Committee on Science and Technology, and I 
would ask that the official Committee roster be modified to 
reflect this change. And I yield back.
    Chair Gordon. Without objection, so ordered. We will now 
proceed with the markup. We are going to try to move along 
today. In the past, we have gotten caught with votes, so we 
don't want that to happen.
    This morning the Committee will consider H.R. 1580, the 
Electronic Waste Research and Development Act, and H.R. 1145, 
the National Water Research and Development Initiative Act of 
2009.
    Billions of cell phones, computers, televisions, and other 
electronic products, once the latest technology, are now being 
thrown into landfills or in Mr. Hall's and our country, 
sometimes on the side of the road. This is a waste of valuable 
resources, and it is a growing environmental problem. We need 
to do more to make recycling easy and affordable and to make 
sure that the electronic products manufactured in the future 
are as environmentally sound as they can be.
    If we are going to address this issue, we need research and 
development, and we need to train present and future designers 
of this equipment to think about the entire life cycle of their 
products. That is what H.R. 1580 is all about.
    The second bill we will consider this morning is H.R. 1145, 
which will ensure that the water research and development 
programs that are spread across over 20 federal agencies are 
coordinated to make maximum use of funding resources.
    There is no resource more valuable than water. It is 
essential to all of us, every day, for everything we do. For 
too long we have ignored the warning signs that our water 
supplies are in trouble.
    We must do more to conserve water and to maintain its 
quality. We must make a more strategic approach at the federal 
level and we must ensure the Federal Government supports our 
State, local and tribal governments, the entities that are the 
stewards of these resources on a day-to-day basis.
    I thank the Members for their participation this morning, 
and I look forward to this productive markup.
    [The prepared statement of Chair Gordon follows:]
                Prepared Statement of Chair Bart Gordon
    This morning the Committee will consider H.R. 1580, the Electronic 
Waste Research and Development Act, and H.R. 1145, the National Water 
Research and Development Initiative.
    Billions of cell phones, computers, televisions, and other 
electronic products, once the latest technology, are now being thrown 
into landfills. This is a waste of valuable resources, and it is a 
growing environmental problem. We need to do more to make recycling 
easy and affordable and to make sure the electronic products 
manufactured in the future are as environmentally sound as they can be.
    If we are going to address this issue, we need research and 
development, and we need to train present and future designers of this 
equipment to think about the entire life cycle of their products. That 
is what H.R. 1580 is all about.
    The second bill we will consider this morning is H.R. 1145, which 
will ensure that the research and development programs that are spread 
across over 20 federal agencies are coordinated to make maximum use of 
funding resources.
    There is no resource more valuable than water. It is essential to 
all of us, everyday, for everything we do. For too long we have ignored 
the warning signs that our water supplies are in trouble. We must do 
more to conserve water and maintain its quality. We must take a more 
strategic approach at the federal level and we must ensure the Federal 
Government supports our State, local and tribal governments--the 
entities that are the stewards of these resources on a day-to-day 
basis.
    I thank the Members for their participation this morning and I look 
forward to a productive markup.

    Chair Gordon. I now recognize Mr. Hall to present his 
opening remarks.
    Mr. Hall. Mr. Chair, thank you. Each of these bills address 
issues that are of national importance, so I thank you for 
holding this markup, and because you have so very ably covered 
it, I will make my opening remarks brief.
    H.R. 1580 authorizes EPA to establish consortiums with 
private industries and academia to conduct research, 
development and demonstration projects to increase electronics 
recycling, reduce the environmental impacts of manufacturing 
electronics and to develop ways to increase the usable lifespan 
of new electronics. It also promotes crosscutting of education 
for engineers by providing grants to higher-learning 
institutions to encourage the development of curricula that 
combines electrical, mechanical, industrial, material, and 
software engineering disciplines. These two efforts will be the 
first step that we can take to start addressing the problem 
associated with discarded electronic equipment.
    Secondly, H.R. 1145, the National Water Research and 
Development Initiative Act of 2009, organizes the Federal 
Government's approach to research of water resources. The bill 
would require perhaps for the first time every government 
agency involved in research of water resources to collaborate 
and create a Research and Assessment plan that will chart the 
course of U.S. research and development for years to come. 
Furthermore, it directs the Office of Science and Technology 
Policy and the Office of Management and Budget to work with 
these agencies to coordinate their annual budgets to avoid 
duplicative efforts. These suggestions come from 
recommendations that National Science and Technology Council 
and the National Academy of Sciences have offered for years. I 
commend the Chair, I commend you, sir, on moving a bill that is 
critical to our nation's health and well-being.
    Mr. Chair, that is the first time I read this. I didn't 
know it was so long or I wouldn't have said I was going to make 
a brief statement. I would like to thank you, and I yield back 
to you.
    [The prepared statement of Mr. Hall follows:]
           Prepared Statement of Representative Ralph M. Hall
    Thank you, Mr. Chairman. Each of these bills address issues that 
are of national importance so thank you for holding this markup today 
to advance them. I will keep my opening remarks brief.
    H.R. 1580 authorizes EPA to establish consortiums with private 
industry and academia to conduct research, development and 
demonstration projects to increase electronics recycling, reduce the 
environmental impacts of manufacturing electronics and to develop ways 
to increase the usable lifespan of new electronics.
    It also promotes cross-cutting education for engineers by providing 
grants to higher-learning institutions to encourage the development of 
curricula that combines electrical, mechanical, industrial, material, 
and software engineering disciplines. These two efforts will be the 
first step that we can take to start addressing the problems associated 
with discarded electronic equipment.
    Secondly, H.R. 1145, the National Water Research and Development 
Initiative Act of 2009, organizes the Federal Government's approach to 
research of water resources.
    The bill would require, perhaps for the first time, every 
government agency involved in research of water resources to 
collaborate and create a Research and Assessment plan that will chart 
the course of U.S. research and development for years to come. 
Furthermore, it directs the Office of Science and Technology Policy and 
the Office of Management and Budget to work with these agencies to 
coordinate their annual budgets to avoid duplicative efforts. These 
suggestions come from recommendations that National Science and 
Technology Council and the National Academy of Sciences have offered 
for years.
    I commend the Chairman on moving a bill that is critical to our 
nation's health and well-being.
    Mr. Chairman, I would like to thank you and your staff for working 
with us on these bills before us today.
    I yield back the balance of my time.

    Chair Gordon. Thank you, Mr. Hall. As always, you are 
eloquent, and the Minority staff and Members made this a better 
bill, and we thank you for that.
    Members may place statements in the record at this time.
    [The prepared statement of Mr. Mitchell follows:]
         Prepared Statement of Representative Harry E. Mitchell
    Thank you, Mr. Chairman.
    Today we will mark up the Electronic Waste Research and Development 
Act, H.R. 1580, and the National Water Research and Development 
Initiative Act, H.R. 1145.
    As American consumers attempt to keep up with the latest technology 
trends by purchasing the newest cell phones and laptops, the number of 
discarded electronic products is rapidly increasing.
    When electronic products are properly handled, these products can 
transform into a valuable source for reusable equipment.
    However, if these products are not disposed of properly, they are 
potentially harmful to both human health and the environment.
    H.R. 1580 would establish an electronic waste engineering research, 
development, and demonstration program at the Environmental Protection 
Agency to identify ways to manage electronic waste through reduction, 
reuse, and recycling.
    I support both H.R. 1580 and H.R. 1145, and I urge my colleagues to 
support these pieces of legislation.
    I would also like to commend Chairman Gordon for once again 
following regular order leading up to this markup.
    I yield back.

    Chair Gordon. We will now consider H.R. 1145, the National 
Water Research and Development Initiative Act of 2009. I 
recognize myself to describe the bill.
    H.R. 1145 builds on the recommendations of the National 
Academies 2004 report establishing clear, national water 
strategy for the 20-plus federal agencies with water 
responsibilities. The bill codifies an existing interagency 
committee, the Subcommittee on Water Availability and Quality 
of the National Science and Technology Counsel. H.R. 1145 
continues the good work done by this Subcommittee and 
incorporates several priorities outlined in the 2007 SWAQ 
report. H.R. 1145 also incorporates recommendations of the 
witnesses who appeared at the Science and Technology Committee 
hearing.
    We have received input from a variety of academic, 
government and non-profit and industry water experts throughout 
the drafting of the bill, and it reflects the guidance of those 
experts. H.R. 1145 has been endorsed by the Water Innovations 
Alliance, the Natural Resources Defense Council, the Water 
Environmental Research Foundation, the Council of Scientific 
Society Presidents, the Food and Water Watch, the Water 
Research Foundation, the Alliance Environment, the Clean Water 
Action, the American Beverage Association, and the National 
Rural Electric Cooperative Association. The Majority staff has 
consulted with the Minority staff in the development of this 
bill. H.R. 1145 will ensure that the federal agencies 
conducting activities relating to water will work together to 
achieve the role of better management of water resources.
    In tough economic times it is imperative that we use every 
dollar we spend effectively. Coordination of federal agency 
activities and a stronger partnership with State, local and 
tribal governments will ensure that the federal programs are 
focused on areas of greatest concern and that our efforts are 
complementary and effective. I urge my colleagues to support 
H.R. 1145.
    I now recognize Mr. Hall to present any remarks.
    Mr. Hall. Thank you, Mr. Chair. The National Water Research 
and Development Initiative Act is the Committee's response to 
many recommendations made by the country's top scientists on 
water research and development, and I have said many times that 
our water supplies are of vital importance to the health and 
well-being of our nation. No state is immune to water problems, 
whether too little of it or an abundance of it. Yet, in the 
last quarter-century, our knowledge of water resources has been 
piggy-backing off the research that was conducted in the middle 
of the last century. Several of the witnesses in our last 
hearing stated that the way federal water research is conducted 
has barely changed in the last 35 years, and this is 
unacceptable. What we need are the proper tools and resources 
for local, State and regional decision-makers to adapt to 
changing conditions.
    Mr. Chair, I have two concerns about this bill that I am 
hoping we can have alleviated. The first is how this bill, if 
passed, would work with legislation put forth by Senator 
Bingaman, the SECURE Water Act. The SECURE Water Act is on the 
precipice of becoming law. However, the fact that it is not yet 
law means we cannot do anything to try to amend it in order to 
make it work more seamlessly with the legislation before us. I 
hope that either in today's markup or before this bill goes to 
the Floor, we can make sure that no duplicative efforts are 
being written into the law.
    Secondly, I had hoped that the Administration would have 
been able to comment on the bill before it went to markup. I 
understand that the Director of Office of Science and 
Technology was not actually confirmed until last week. I 
sincerely hope that the Committee will make every effort and 
every possible effort to reach out to the Administration now 
and the principal people that are in place so that we can be 
assured that this bill is going to have the effect on federal 
water research that we intend for it to have. Thank you, Mr. 
Chair. I yield back.
    [The prepared statement of Mr. Hall follows:]
           Prepared Statement of Representative Ralph M. Hall
    Thank you, Mr. Chairman. I am pleased that this committee has 
decided to focus on the important issue of water conservation and 
efficient use of our water supply.
    Many of you have heard me discuss the importance of energy 
independence to our nation's security. Our water supply is also of 
vital importance to our security as a nation. We have all seen what can 
happen when a nation is faced with a shortage of water. Water is a 
vital component of our manufacturing, farming, and transportation. 
Ensuring that we have a plentiful supply of water in this country is 
essential.
    There is not one district I am aware of that has not had to deal 
with water problems in the last few years, whether it's because there 
is too much of it or not enough of it. Three years ago when we passed 
the National Integrated Drought Information System Act of 2006, I was 
pleased that it would help my constituents and many others cope with 
the devastating effects of prolonged drought.
    I am pleased that the Committee has chosen to address water issues 
with this bill as well as my bill addressing research into the reuse of 
produced waters and Mr. Matheson's water conservation bill, both of 
which were passed at the beginning of this Congress. I believe these 
bills complement one another to provide a comprehensive approach to 
this issue.
    The amount of legislation our committee has moved on water issues 
in the last few years demonstrates our awareness of the need to address 
the critical issues our nation faces with regards to water quality, 
supply and availability.
    I am aware that the Senate is also working on an extensive water 
bill, the SECURE Water Act, and I am hopeful we can work to ensure 
these bills do not duplicate efforts or work at cross purposes going 
forward.
    Thank you, Mr. Chairman, and I yield back the balance of my time.

    Chair Gordon. Thank you, Mr. Hall. We have been in contact 
regularly with OSTP. They are well-aware of what we are doing 
on this bill and also in respect to the Senate bill. This 
particular bill is the plan. Senate Bill 22 is the 
implementation, so I don't think you are going to see any type 
of override there, but we will continue to consult with you if 
you don't feel comfortable with that response.
    Does anyone else wish to be recognized?
    Mr. Bilbray. Mr. Chair?
    Chair Gordon. Mr. Bilbray.
    Mr. Bilbray. Mr. Chair, let me just really congratulate you 
on this package. One of the things that I really appreciate is 
the Section 8 of D which really points out one of the things 
that we keep overlooking when we talk about water and we have 
learned in California that be it desalinization, be it pumping, 
San Diego County was actually the original desalinization site. 
In fact, most people don't know that Guantanamo was able to be 
kept in operation during the '60s and '70s and the '80s because 
of the plant that was moved from San Diego to Gitmo during the 
Cuban Crisis. But the one thing I've just got to stress to you, 
electricity, clean, inexpensive electricity will be the largest 
determining factor in the future of the availability of the 
resource that we call water, be it transporting it from one 
part of the country to the other across, purifying it or 
desalinization. And I appreciate the fact that you included 
that in here because too many people overlook that critical 
component that we have really run into in California, and I 
have got a desalinization plant in my district, but we've just 
got to always come back to the fact that inexpensive, clean 
electricity is going to be the critical lynch pin in providing 
clean drinking water for our generations in the future, and I 
appreciate your including that aspect of it.
    Chair Gordon. Thank you, Mr. Bilbray. I think we fully 
recognize the nexus between energy and water, are sensitive to 
that, and will try to incorporate that into all that we do.
    Does anyone else wish to be recognized? I ask unanimous 
consent that the bill is considered as read and open to 
amendment at any point and that the Members proceed with 
amendments in the order of the roster. Without objection, so 
ordered.
    The first amendment on the roster is a manager's amendment. 
The Clerk will report the amendment.
    The Clerk. Amendment to H.R. 1145, amendment number 116 
offered by Mr. Gordon of Tennessee.
    Chair Gordon. I ask unanimous consent to dispense with the 
reading. Without objection, so ordered. I recognize myself to 
explain the amendment.
    The manager's amendment makes a series of changes 
throughout H.R. 1145 to clarify the intent of the legislation, 
to increase the coordination of this program with the State, 
local, and tribal governments, and to incorporate 
recommendations from our last hearing.
    It is critical that the interagency committee establish a 
good, working relationship among federal agencies, with the 
State, local, and tribal governments that deal directly with 
water resources on a day-to-day basis. Section 2 of the bill is 
amended to include the tribal governments in the coordination 
function of this bill. The Research Outcomes section is amended 
to include examination into the social, behavioral and economic 
barriers to sustain water use, and thank you, Dr. Baird, for 
your continuing interest in making us sensitive to that.
    The manager's amendment adds a new Section 4 that ensures 
the coordination of H.R. 1145 with the United States Global 
Change Research Program. Several witnesses' recommended that 
the potential climate change impacts on water be assessed by 
the Federal Government, the U.S. Global Change Research Program 
is working on these assessments, and this effort should be 
coordinated with the work done under this program.
    The amendment also expands the Department of Energy's 
Energy-Intensive Industries Program that we reauthorized in the 
2007 Energy Bill. Research to develop water efficiency 
technologies and to increase energy efficiency associated with 
water use will now be eligibility activity under this program.
    The amendment also includes an authorization of $2 million 
a year to fund the coordination communication activities 
undertaken by the Initiative Coordination Office as recommended 
by Dr. Vaux. The amendment is based on witnesses' 
recommendations from the hearings, and I ask my colleagues to 
support the amendment.
    [The prepared statement of Chair Gordon follows:]
                Prepared Statement of Chair Bart Gordon
    The manager's amendment makes a series of changes throughout H.R. 
1145 to clarify the intent of the legislation, to increase the 
coordination of this program with State, local, and tribal governments, 
and to incorporate recommendations from our last hearing. It is 
critical that the Interagency Committee establish a good working 
relationship among federal agencies and with State, local and tribal 
governments that deal directly with water resources on a day-to-day 
basis.
    Section 2 of the bill is amended to include tribal governments in 
the coordination functions of this bill. The research outcomes section 
is amended to include examination into the social, behavioral, and 
economic barriers to sustainable water use.
    The manager's amendment adds a new Section 4 that ensures the 
coordination of H.R. 1145 with the United States Global Change Research 
Program. Several witnesses recommended that potential climate change 
impacts on water be assessed by the Federal Government. The U.S. Global 
Change Research Program is working on these assessments and this effort 
should be coordinated with the work done under this program.
    The amendment also expands the Department of Energy's Energy-
Intensive Industries Program that we reauthorized in the 2007 energy 
bill. Research to develop water efficient technologies and to increase 
energy efficiency associated with water use will now be an eligible 
activity under this program.
    The amendment also includes an authorization for $2 million dollars 
a year to fund the coordination and communication activities undertaken 
by the Initiative's Coordination Office as recommended by Dr. Vaux.
    The amendment is based on witness recommendations from the hearings 
related to H.R. 1145. I ask my colleagues to support the amendment.

    Chair Gordon. Is there further discussion on the amendment? 
Mr. Hall is recognized.
    Mr. Hall. I have a question on it. I notice the amendment 
makes changes to the Energy Independence and Security Act to 
allow projects that will focus on ``research to help develop 
water efficient technologies that increase energy efficiency 
including utilization of, and this is important, the impaired 
water sources in production.'' The amendment doesn't contain a 
definition of impaired water sources. I guess my question is 
what exactly would that include? Is it intended to include 
water from oil and gas which is very important to me and to 
nine other states, extractions such as the Produced Water Bill 
that we passed earlier this year? I know you remember it 
because you were a great part of it. If that is not enough, 
what about salt water or ocean water? Is it the intent to 
include any water that is not potable or unusable in any other 
productive way? Can you help me with that or just promise to 
help me?
    [The prepared statement of Mr. Hall follows:]
                  Prepared Statement of Ralph M. Hall
    I notice the amendment makes changes to the Energy Independence and 
Security Act to allow projects that will focus on ``research to develop 
water efficient technologies that increase energy efficiency, including 
utilization of impaired water sources in production.'' The amendment 
does not contain a definition of ``impaired water sources.'' What 
exactly would that include?
    Is it intended to include water from oil and gas extraction, such 
as in the produced waters bill passed earlier this year?
    What about salt water or ocean water?
    Is the intention to include any water that is not potable or usable 
in any other productive way?

    Chair Gordon. I think we can help you right now. You raise 
a very good point, and I am just going to let staff give you a 
response.
    The Staff. Sir, the language is purposely not defined. 
Impaired water is purposely broad to give the program latitude 
across a wide-range of energy-intensive industries that are 
included in the bill. Water used for food processing will need 
to be a different standard than water used for manufacturing of 
steel and will be different than water needed for mining. It 
will include saline water, produced water, waste water. It is a 
broad term and that is on purpose.
    Mr. Hall. Are you saying it is not----
    Chair Gordon. I think, Mr. Hall, what----
    Mr. Hall.--just inclusive of these but inclusive of almost 
anything else you could imagine it involves in water sources?
    Chair Gordon. Mr. Hall, I think the intent was if we were 
to specifically define it, it would limit it. And we take a 
broader view. Water is water in whatever, you know, unclaimed 
form it might be. So it was our intention to more than honor 
the spirit of your interest, and if for whatever reason you 
don't think this has been done, we will continue to work with 
you on that.
    Mr. Hall. I thank you. I will be working on it with you. 
Thank you.
    Chair Gordon. Is there further discussion on the amendment? 
If there no, the vote occurs on the amendment. All in favor say 
aye, opposed nay. The ayes have it. The amendment is agreed to.
    The second amendment on the roster is an amendment offered 
by the gentleman from Nebraska, Mr. Smith. Are you ready with 
your amendment?
    Mr. Smith of Nebraska. Yes, thank you, Mr. Chair, Members 
of the Committee. This amendment would----
    Chair Gordon. The Clerk will report the amendment.
    The Clerk. Amendment to H.R. 1145, amendment number 121, 
offered by Mr. Smith of Nebraska.
    Chair Gordon. I ask unanimous consent to dispense with the 
reading. Without objection, so ordered. I recognize the 
gentleman for five minutes to explain the amendment.
    Mr. Smith of Nebraska. Thank you, Mr. Chair, Members. This 
amendment would require that the interagency committee 
established in Section B to coordinate all activities with 
State, local and tribal governments.
    Representing a predominantly rural agriculture-based 
district in which surface water and groundwater issues are at 
the forefront of many decisions and debates, my principal goals 
are to create policies which will strengthen rural America and 
provide long-term stability for our nation's producers. 
Ensuring the sustainability of our country's water supply 
through increased coordination, research and development is of 
utmost importance to the economic and social well-being of our 
nation and its citizens, enhanced coordination at not only the 
federal level but also the State and local levels is necessary 
to ensure a sustainable future for one of our most essential 
natural resources. Local, State and regional water agencies are 
entities implementing our water policy.
    This amendment will ensure states and localities are 
involved in every one of the functions of the interagency 
committee, including incorporation of information from State 
agencies into the National Water Research and Assessment Plan. 
Thank you. I yield back.
    [The prepared statement of Mr. Smith follows:]
           Prepared Statement of Representative Adrian Smith

Mr. Chairman and Members of the Committee,

    This amendment would require the interagency committee established 
in Section (b) to coordinate all activities with State, local, and 
tribal governments.
    Representing a predominantly rural, agricultural-based District in 
which surface water and groundwater issues are at the forefront of many 
decisions and debates, my principal goals are to create policies which 
will strengthen rural America and provide long-term stability for our 
nation's producers. Ensuring the sustainability of our country's water 
supply through increased coordination, research, and development is of 
utmost importance to the economic and social well-being our nation and 
its citizens.
    Enhanced coordination at not only the federal level, but also State 
and local levels, is necessary to ensure a sustainable future for one 
of our most essential natural resources. Local, State and regional 
water agencies are the entities implementing our water policy.
    This amendment will ensure states and localities are involved in 
every one of the functions of the interagency committee, including 
incorporation of information from State agencies into the National 
Water Research and Assessment Plan.
    Thank you, Mr. Chairman, I yield back the balance of my time.

    Chair Gordon. Thank you, Mr. Smith, for the good amendment. 
Does anyone have further discussion? Mr. Hall is recognized.
    Mr. Hall. Mr. Chair, this amendment would require the 
integrity of the interagency committee that is established in 
the bill to coordinate its activities with State and local 
agencies. One of the largest concerns that State and regional 
water agencies have is that federal coordination of research 
and development will take place in the absence of outside input 
and operate as a mandate rather than as a cooperative effort.
    State, local and regional water agencies are most familiar 
with the current state of monitoring needs and can provide 
invaluable insight into what a research agenda should produce. 
This amendment would ensure that these agencies are involved in 
the development of the National Water Research and Assessment 
Plan. I urge my colleagues to support this amendment. I yield 
back my time. Thank you.
    [The prepared statement of Mr. Hall follows:]
           Prepared Statement of Representative Ralph M. Hall
    This amendment would require the interagency committee established 
in the bill to coordinate its activities with the states and local 
agencies. One of the largest concerns that State and regional water 
agencies have is that federal coordination of research and development 
will take place in the absence of outside input and operate as a 
mandate rather than a cooperative effort.
    State, local, and regional water agencies are most familiar with 
the current state of monitoring needs and can provide invaluable 
insight into what a research agenda should produce. This amendment 
would ensure that these agencies are involved in the development of the 
National Water Research and Assessment Plan. I urge my colleagues to 
support this amendment and yield back the balance of my time.

    Chair Gordon. Is there further discussion on the amendment? 
If no, the vote occurs on the amendment. All in favor say aye. 
The ayes have it. The amendment is agreed to.
    The third amendment on the roster is an amendment offered 
by the gentlelady from Texas, Ms. Johnson. Are you ready to 
proceed with your amendment?
    Ms. Johnson. Mr. Chair, I have an amendment at the desk.
    Chair Gordon. The Clerk will report the amendment.
    The Clerk. Amendment to H.R. 1145, amendment number 036, 
offered by Ms. Eddie Bernice Johnson of Texas.
    Chair Gordon. I ask unanimous consent to dispense with the 
reading. Without objection, so ordered. I recognize the 
gentlelady for five minutes to explain the amendment.
    Ms. Johnson. Thank you, Mr. Chair, and Ranking Member Hall 
and fellow Members for considering this amendment. The bill is 
of great interest to me because I am Chair of the Subcommittee 
on Water Resources and Environment within the Transportation 
Committee, and this amendment pertains to the interagency 
committee outlined beginning on page 2 of the legislation.
    As you know, the Committee is tasked with developing a 
National Water Research and Assessment Plan to coordinate 
federal research activities regarding water, and defining the 
functions of the interagency committee, my amendment adds 
another function, to provide guidance on outreach to minority 
serving institutions to encourage them to apply or funding 
opportunities specified in the plan. It is my belief that these 
colleges and universities are disadvantaged when it comes to 
applying for and winning federal science research funding. 
Often they are too small to overcome the hurdle of navigating 
the maze of the red tape to find out about such funding.
    My amendment levels the playing field by emphasizing the 
inclusion of minority serving institutions when it comes to 
research grant funding. As you know, Mr. Chair, broadening 
participation in the sciences is a long-time interest of mine. 
Our current workforce lacks diversity. I do believe that we 
must work hard to encourage minority serving institutions to 
take advantage of federal science research and education 
grants. Doing so will increase their ability to attract and 
educate more American talent into the research and technical 
workforce.
    While I am certainly supportive of bringing the best, the 
brightest minds of this country to this research, I am 
sensitive that we are failing to develop our own talent within 
our nation's borders by providing American students 
opportunities for a better education, and by encouraging them 
to pursue research careers, we will all benefit. When diversity 
prevails in our science and engineering workforce, we all win.
    So I thank my colleagues for considering this amendment and 
urge its support. I yield back the balance of my time.
    [The prepared statement of Ms. Johnson follows:]
       Prepared Statement of Representative Eddie Bernice Johnson
    Thank you, Chairman Gordon, Ranking Member Hall, and fellow 
Members, for considering my amendment to H.R. 1145, the National Water 
Research and Development Initiative Act.
    This bill is of great interest to me, as I serve as Chair of the 
Subcommittee on Water Resources and Environment, within the 
Transportation Committee.
    This amendment pertains to the interagency committee, outlined 
beginning on page 2 of the legislation.
    As you know, this committee is tasked with developing a National 
Water Research and Assessment Plan, to coordinate federal research 
activities regarding water.
    In defining the functions of the interagency committee, my 
amendment adds another function: to provide guidance on outreach to 
minority serving institutions, to encourage them to apply for funding 
opportunities specified in the plan.
    It is my belief that these colleges and universities are 
disadvantaged when it comes to applying for, and winning, federal 
science research funding.
    Often, they are too small to overcome the hurdle of navigating the 
maze of red tape to find out about such funding.
    My amendment levels the playing field, by emphasizing the inclusion 
of minority serving institutions, when it comes to research grant 
funding.
    As you know, Mr. Chairman, broadening participation in the sciences 
is a long-time interest of mine. Our current workforce lacks diversity.
    I do believe that we must work harder to encourage minority serving 
institutions to take advantage of federal science research and 
education grants.
    Doings so will increase their ability to attract and educate more 
American talent into the research and technical workforce.
    While I am certainly supportive of bringing the world's best, 
brightest minds to this country to do research, I am sensitive that we 
are failing to develop our own talent, from within our nation's 
borders.
    By providing American students opportunities for a better 
education, and by encouraging them to pursue research careers, we will 
all benefit.
    When diversity prevails in our science and engineering workforce, 
we all win.
    I thank my colleagues for considering this amendment and yield back 
the balance of my time.

    Chair Gordon. Thank you, Ms. Johnson for your good 
amendment. Is there further discussion on the amendment. If no, 
the vote occurs on the amendment. All in favor say aye, opposed 
no. The ayes have it. The amendment is agreed to.
    The fourth amendment on the roster is an amendment offered 
by the gentlelady from Maryland, Ms. Edwards. Are you ready 
with your amendment?
    Ms. Edwards. Thank you, Mr. Chair. I have an amendment at 
the desk.
    Chair Gordon. The Clerk will report the amendment.
    The Clerk. Amendment to H.R. 1145, amendment number 131 
offered by Ms. Edwards of Maryland.
    Chair Gordon. I ask unanimous consent to dispense with the 
reading. Without objection, so ordered. I recognize the 
gentlelady for five minutes to explain her amendment.
    Ms. Edwards. Thank you, Mr. Chair. This is a pretty 
straightforward amendment to encourage cooperation among the 
federal agencies, State and local governments and tribal 
governments to develop a standard method for collecting 
managing, and disseminating data on water so that all levels of 
government have a unified standard when handling this important 
information. Too often we receive reports here in the Congress 
and agencies with competing or comparable overlapping 
jurisdiction, and it is like comparing apples to oranges. And 
the goal of this amendment is that the data that we collect 
will enable us to compare apples to apples in terms of setting 
water policy in the future. Thank you, Mr. Chair, and I yield 
the balance of my time.
    Chair Gordon. Thank you, Ms. Edwards, again for a very good 
amendment. Is there further discussion? If no, the vote is on 
the amendment. All in favor say aye, opposed no. The ayes have 
it. The amendment is agreed to.
    The fifth amendment on the roster is an amendment by Mr. 
Rohrabacher of which Mr. Hall is going to attempt to explain. 
Are you ready to begin?
    Mr. Hall. I am. I have an amendment at the desk.
    Chair Gordon. The Clerk will report the amendment.
    The Clerk. Amendment to H.R. 1145, amendment number 120, 
offered by Mr. Rohrabacher of California.
    Chair Gordon. I ask unanimous consent to dispense with the 
reading. Without objection, so ordered. Mr. Hall, I was going 
to say you are stepping into big shoes. I don't know if they 
are big shoes, but they are different shoes anyway, and so you 
are recognized for five minutes.
    Mr. Hall. Are you saying Rohrabacher is different?
    Chair Gordon. I welcome your remarks.
    Mr. Hall. This amendment would require federal agencies 
involved in research and development of water efficient 
technologies to identify barriers to the deployment of these 
technologies, and we don't want to hold back development to be 
forced to ``reinvent the wheel'' because of government red 
tape. Half of the battle is won by encouraging agencies to 
recognize these barriers and amend their regulations to allow 
for the efficient implementation of new technologies. A report 
to Congress allows us to take decisive action where needed and 
to take it when needed to assist the agencies in eliminating 
these barriers. And I urge my colleagues to support this 
amendment. I would rather not have any questions about it, and 
I yield back my time.
    [The prepared statement of Mr. Rohrabacher follows:]
         Prepared Statement of Representative Dana Rohrabacher
    Mr. Chairman, the amendment I am offering is a small change with 
potentially large consequences. It simply directs this new interagency 
committee to identify, and report to us, the statutory and regulatory 
barriers that reduce water availability. By knowing these barriers, we 
can then act to reduce them.
    In my District, in Long Beach, California, we are working to get a 
desalinization plant up and running, and we just had to clear hurdle 
after hurdle after hurdle. We have a small demonstrator plant up and 
running and we plan to go full-scale within the next few years. But 
there have been so many barriers to even get this far.
    These barriers exist and some of them are necessary, but some of 
them are not. We need to identify what barriers exist across the 
country and fix those that we don't need. You will not find a Member of 
Congress more dedicated to protecting our oceans than me. I can often 
be found with my surfboard conducting my own research into our water 
resources. But we have a huge ocean just sitting there, and we're 
trying to find low-cost, low-impact, low-energy solutions so that we 
can use that water.
    Some of the environmental regulations, in theory meant to protect 
us, are actually hindering us. They are hurting our ability to promote 
sustainable technologies. They are hurting local environmental 
protection efforts. We are not, in many cases, able to buy off-the-
shelf technology that is available in other countries. We are 
prohibited from using many of these water technologies here due to 
regulatory barriers.
    Another example, outside of water, is we have dozens of solar 
energy projects in Southern California that are on hold because they 
refuse to perform the environmental assessments. I am certain there are 
many instances like this, instances where safe, clean and affordable 
water is not available because of certain barriers. Regulations that 
don't make sense. Laws that never should have been enacted in the first 
place.
    And that's why I offer this amendment today. And that's why I urge 
my colleagues to support this amendment, a small change that can be a 
big help.

    [The prepared statement of Mr. Hall follows:]
           Prepared Statement of Representative Ralph M. Hall
    This amendment would require federal agencies involved in research 
and development of water efficient technologies to identify barriers to 
the deployment of these technologies. We do not want to hold back 
development or be forced to ``reinvent the wheel'' because of 
government red-tape.
    Half the battle is won by encouraging agencies to recognize these 
barriers and amend their regulations to allow for the efficient 
implementation of new technologies. A report to Congress allows us to 
take decisive action where needed to assist the agencies in eliminating 
these barriers.
    I urge my colleagues to support this amendment and yield back the 
balance of my time.

    Chair Gordon. Is there further discussion on the amendment?
    Mr. Bilbray. Mr. Chair?
    Chair Gordon. Mr. Bilbray.
    Mr. Bilbray. I regretfully have to say that, you know, no 
matter now much I hate to do it, I have to agree with Mr. 
Rohrabacher on this point. And I think that he has finally got 
an issue that I can agree with him on and that is that we have 
a responsibility to make sure that our regulations, our 
guidelines, our administration doesn't stand in the way, and I 
think this is consistent with the fact that the government's 
participation in innovative approaches and new approaches is 
not just to require other people to change their ways but also 
to make sure that our historical and traditional approaches 
don't stand in the way, either. And so I regretfully have to 
support the amendment.
    Chair Gordon. Thank you, Mr. Bilbray. As Mr. Davis knows, 
even a blind squirrel occasionally finds an acorn. Is there 
further discussion on the amendment? If no, the vote occurs on 
the amendment. All in favor say aye, those opposed say no. The 
ayes have it. The amendment is agreed to.
    The sixth amendment on the roster is an amendment offered 
by the gentleman from Utah, Mr. Matheson. Are you ready with 
your amendment?
    Mr. Matheson. Yes, Mr. Chair. I have an amendment at the 
desk.
    Chair Gordon. The Clerk will report the amendment.
    The Clerk. Amendment to H.R. 1145, amendment number 018, 
offered by Mr. Matheson of Utah.
    Chair Gordon. I ask unanimous consent to dispense with the 
reading. Without objection, so ordered. I recognize the 
gentleman for five minutes to explain his amendment.
    Mr. Matheson. Well, thank you, Mr. Chair. I got the idea 
for this amendment talking to folks in my state's Rural Water 
Association, and I think all of us are probably familiar with 
in our states the Rural Water Association. They are interesting 
organizations. They try to coordinate among a bunch of very 
small users where there is no expertise in small towns, and 
they share information about good water practices. And I know 
in my own state that that association has made a lot of 
progress in terms of looking for best practices and sharing 
information.
    And so the idea was, you know, there are probably a lot of 
good ideas all over the country. Is there a way for us to share 
this information with each other? And quite frankly, that is 
the substance of this amendment, is allowing an opportunity for 
good practices in different regions of the country to be 
coordinated in a way where other people can learn from those 
ideas about being more efficient and more productive with their 
water use. It seems like a real simple amendment, Mr. Chair. I 
won't use all five minutes to describe it because I think that 
pretty much sums it up. So with that, I will yield back to the 
Chair.
    Chair Gordon. Thank you, Mr. Matheson, for once again your 
value added. Is there further discussion on the amendment? If 
no, the vote occurs on the amendment. All in favor say aye, 
opposed no. The ayes have it. The amendment is agreed to.
    The seventh amendment on the roster is an amendment offered 
by the gentlelady from Arizona, Ms. Giffords. Are you ready to 
proceed?
    Ms. Giffords. Yes, Mr. Chair. I have an amendment at the 
desk.
    Chair Gordon. The Clerk will report the amendment.
    The Clerk. Amendment to H.R. 1145, amendment number 117 
offered by Ms. Giffords of Arizona, Ms. Dahlkemper of 
Pennsylvania, and Mr. Grayson of Florida.
    Chair Gordon. So I see you have some reinforcement here. I 
ask unanimous consent to dispense with the reading. Without 
objection, so ordered. I recognize the gentlelady for five 
minutes to explain her amendment.
    Ms. Giffords. Thank you, Mr. Chair. The underlining bill, 
H.R. 1145, establishes an interagency committee to coordinate 
Federal Water Research and Development and a National Water 
Research and Assessment Plan. Section 2, paragraph D of the 
bill directs participating federal agencies to work toward 
specific research outcomes under that plan.
    The amendment, Mr. Chair, that we are offering today, 
myself along with my colleagues Representative Grayson and 
Representative Dahlkemper, would expand and clarify the 
research goal of developing new technologies to enhance 
reliable water supply. The amendment would clarify that this 
goal also encompasses water reuse and pollution prevention. In 
addition, the amendment would add a new provision to the list 
of research goals. It would direct participating federal 
agencies to develop innovative technologies and tools to 
enhance water quality, including advanced water treatment and 
water purification technologies.
    Mr. Chair, as you well know, I am from a very arid corner 
of the world. In the deserts of southern Arizona, water is 
scarce. We know that we can never take it for granted. But in 
recent years, this realization has also hit home with many 
other regions of our country as well as drought conditions and 
aquifer depletion have struck in regions unaccustomed to such 
developments. As a result, Americans all across our nation now 
realize as ever before that we must take every drop of water 
into account.
    This amendment would ensure that we do exactly that. I 
would direct the federal water research efforts to include 
efforts to expand supply and enhance quality. The goal of both 
of these provisions is to ensure that we develop the 
technologies we need to take advantage of every source of water 
available to us.
    This amendment, Mr. Chair, comes from the testimony of two 
expert witnesses that came before this committee on March 4, 
Ms. Nancy Stoner of the Natural Resource Defense Council, also 
Ms. Christine Furstoss of the Water and Process Technologies 
division at GE. Both witnesses recommended including advanced 
water treatment, pollution prevention, and water reuse 
technologies in the scope of the bill. This amendment 
incorporates the common-sense recommendations of these two 
expert witnesses to ensure that water supply and quality are 
fully addressed, and I urge my colleagues to support this 
amendment. I yield back.
    [The prepared statement of Ms. Giffords follows:]
        Prepared Statement of Representative Gabrielle Giffords
    The underlying bill, H.R. 1145, establishes an interagency 
committee to coordinate federal water research and develop a national 
Water Research and Assessment Plan. Section 2, Paragraph (d) of the 
bill directs participating federal agencies to work toward specific 
research outcomes under that plan.
    The amendment I am offering today, along with my colleagues 
Representatives Grayson and Dahlkemper, would expand and clarify the 
research goal of developing of new technologies to enhance reliable 
water supply. The amendment would clarify that this goal also 
encompasses ``water reuse and pollution prevention.''
    In addition, the amendment would add a new provision to the list of 
research goals. It would direct participating federal agencies to 
``develop innovative technologies and tools to enhance water quality, 
including advanced water treatment and water purification 
technologies.''
    Mr. Chairman, as you know I come from an arid corner of the world. 
In the deserts of Southern Arizona, water is scarce and we know we can 
never take it for granted. In recent years, this realization has hit 
home in many other regions of our country as well, as drought 
conditions and aquifer depletion have struck in regions unaccustomed to 
such developments. As a result, Americans all across our nation now 
realize, as never before, that we must make every drop of water count.
    This amendment would ensure that we do exactly that. It would 
direct that federal water research efforts include efforts to expand 
supply and enhance quality. The goal of both of these provisions is to 
ensure that we develop the technologies we need to take advantage of 
every source of water available to us.
    This amendment builds on the testimony of two expert witnesses who 
testified at our full committee hearing on this bill on March 4. Ms. 
Nancy Stoner--of the Natural Resources Defense Council--recommended the 
expansion of the research goals to include the impacts of climate 
change on water resources, advanced treatment options, and pollution 
prevention technologies. Ms. Christine Furstoss--of the Water and 
Process Technologies Division at GE--spoke in favor of water 
purification and reuse. Both witnesses recommended including advanced 
water treatment, pollution prevention, and water reuse technologies in 
the scope of the bill.
    This amendment incorporates the common sense recommendations of 
these two expert witnesses to ensure that water supply and quality are 
fully addressed. I urge my colleagues to support this amendment.
    I yield back.

    Chair Gordon. Is there any further discussion on the 
amendment?
    Ms. Dahlkemper. I would like to be recognized.
    Chair Gordon. Ms. Dahlkemper is recognized.
    Ms. Dahlkemper. Thank you, Mr. Chair. As Representative 
Giffords talked about, this amendment is something that 
Representative Grayson and myself are supporting also. I come 
from the Great Lakes area where we have plentiful water, but we 
all know that water is critical for households as well as for 
Congress, and we share a common goal, no matter where we are in 
this country, that our water resources be both abundant and of 
high quality.
    However, the likelihood of either of those requirements 
being met is jeopardized without the nationwide water planning 
that this bill contemplates. I am not only pleased to sponsor 
this legislation, but I am also pleased to join with 
Representatives Giffords and Grayson to offer an amendment to 
the bill which advocates development of technologies for water 
treatment, purification, pollution prevention, as well as water 
reuse, all of which play key roles in the future management of 
our important water resources. I thank you, and I yield back.
    [The prepared statement of Ms. Dahlkemper follows:]
        Prepared Statement of Representative Kathleen Dahlkemper

Chairman Gordon, Ranking Member Hall and Fellow Members,

    The National Water Research and Development Initiative Act of 2009 
is a timely bill which takes strong steps to see that we make better 
use of our water resources. And I applaud Chairman Gordon for his 
leadership in this important initiative.
    Water is as critical for households as it is for commerce. And we 
all share a common need that our water resources be both abundant and 
of high quality. However, the likelihood of either of those 
requirements being met is jeopardized without the nationwide water 
planning that this bill contemplates.
    I am not only pleased to sponsor this legislation, I am also 
pleased to join with Representatives Giffords and Grayson to offer an 
amendment to the bill which advocates development of technologies for 
water treatment, purification, pollution prevention as well as water 
reuse--all of which will play key roles in the future management of our 
important water resources.
    Thank you.

    Chair Gordon. Thank you, Ms. Dahlkemper, for your support 
and more importantly for your again value added to this bill. 
Mr. Grayson is recognized.
    Mr. Grayson. Thank you, Mr. Chair. I am asking for support 
of this amendment to expand research and activities around the 
issue of water reclamation and recycling and conservation. In 
my district, the city of Winter Garden maintains a reclaimed 
water storage and pumping facility because the conservation of 
potable water supply has become a major concern in Central 
Florida. An increase in groundwater withdrawals has resulted in 
the St. Johns River Water Management District placing serious 
restrictions on groundwater supplies. Reclaimed water is now 
routinely used for irrigation water and is a requirement of 
local municipalities by their consumptive use permit regulated 
by State management districts.
    Creating this facility has cost a tiny community of only 
3,000 people upwards of $11 million. This amendment will 
enhance the development of innovative technology and tools to 
enhance water quality, including advanced water treatment and 
water purification technologies, to prevent pollution, and to 
augment water reuse capabilities.
    In conclusion, if our federal dollars are redirected to 
assist small communities like Winter Garden in my district, I 
think it would be the right path toward making our dollars work 
best for American taxpayers. Thank you very much, Mr. Chair.
    [The prepared statement of Mr. Grayson follows:]
           Prepared Statement of Representative Alan Grayson
    Mr. Chairman, I'm asking for support of the Giffords-Dahlkemper-
Grayson amendment to expand research and activities around the issue of 
water reclamation and recycling, and conservation.
    In my district, the City of Winter Garden maintains a Reclaimed 
Water Storage and Pumping Facility, because the conservation of potable 
water supplies has become a major concern in Central Florida. An 
increase in groundwater withdrawals has resulted in the St. Johns River 
Water Management District placing restrictions on groundwater supplies. 
Reclaimed water is now routinely used for irrigation water and is a 
requirement of local municipalities by their Consumptive Use Permit 
regulated by the water management districts. Creating this facility has 
cost this small community of approximately 3,000 upwards of $11 
million.
    This amendment will enhance the development of innovative 
technologies and tools to enhance water quality, including advanced 
water treatment and water purification technologies to prevent 
pollution and augment water reuse capabilities.
    In conclusion, if our federal dollars were redirected to assist 
small communities like Winter Garden, I think we would be on the right 
path towards making our dollars work best for American taxpayers.
    Thank you Mr. Chairman. I ask my colleagues to support this 
amendment and I yield back the balance of my time.

    Chair Gordon. Thank you. Ms. Biggert is recognized.
    Ms. Biggert. Thank you, Mr. Chair, and I do support this 
amendment, but if I might take the opportunity at this time to 
thank you for in H.R. 1580 for working with me and putting into 
the manager's amendment the change in the term from waste to 
scrap, I appreciate that. And I would ask consent to put my 
statement into the record.
    Chair Gordon. Thank you, Ms. Biggert. You helped us move it 
to a sort of new generation of thinking, and that was good. 
Thank you.
    Further discussion on this amendment? If not, the vote 
occurs on the amendment. All in favor say aye, opposed no. The 
ayes have it. The amendment is agreed to.
    The eighth amendment on the roster is an amendment offered 
by the gentleman from New York, Mr. Tonko. You are recognized 
for your amendment.
    Mr. Tonko. Mr. Chair, I have an amendment at the desk.
    Chair Gordon. The Clerk will report the amendment.
    The Clerk. Amendment to H.R. 1145, amendment number 002, 
offered by Mr. Tonko of New York.
    Chair Gordon. I ask unanimous consent to dispense with the 
reading. Without objection, so ordered. Mr. Tonko is recognized 
for five minutes.
    Mr. Tonko. Thank you, Mr. Chair, Mr. Hall, Members of the 
Committee. On March 4, the Science and Technology Committee 
held a hearing to receive testimony on H.R. 1145. My amendment 
addresses two suggestions made at that hearing. First, Mr. 
Modzelewski, Executive Director of the Water Innovations 
Alliance, discussed the need for federal research related to 
water information technology. He estimated that even with 
current filtration systems, effective water IT infrastructure 
and management could lead to water savings of some 30 to 50 
percent. He referred to this concept as a National Smart Water 
Grid, and I think it is an approach worth exploring considering 
the estimated impact on water resources. My amendment adds this 
topic to the list of research areas that will be undertaken 
through the initiative.
    Second, witnesses discussed barriers to moving innovative 
technologies out of the lab and into the marketplace. Mr. 
Modzelewski provided one possible solution to overcoming 
barriers to commercialization. He recommended the creation of a 
National Water Pilot Testing Facility. Various federal testing 
facilities exist for other emerging technologies. For example, 
the Department of Energy's National Renewable Energy Lab has an 
on-site facility for testing the durability of wind turbines, 
and the Bureau of Reclamation has a desalination testing 
facility in Yuma, Arizona. A facility such as this may in fact 
be an important asset to the research community. However, I do 
not believe we have sufficient information to authorize a 
facility of this nature at present. Therefore, my amendment 
tasks the Government Accountability Office with investigating 
the feasibility and practicality of creating a National Water 
Pilot Testing Facility. The GAO team will then report its 
findings to Congress so that we can determine the best path 
forward.
    Mr. Chair, I want to thank you for your leadership on H.R. 
1145, and I ask my colleagues to support this given amendment. 
And Mr. Chair, I then yield back my time.
    [The prepared statement of Mr. Tonko follows:]
           Prepared Statement of Representative Paul D. Tonko
    On March 4, the Science and Technology Committee held a hearing to 
receive testimony on H.R. 1145. My amendment addresses two suggestions 
made at this hearing.
    First, Mr. Modzelewski, Executive Director of the Water Innovations 
Alliance, discussed the need for federal research related to water 
information technology (IT). He estimated that even with current 
filtration systems, effective water IT infrastructure and management 
could lead to water savings of 30 to 50 percent. He referred to this 
concept as a national smart water grid, and I think it is an approach 
worth exploring considering the estimated impact on water resources. My 
amendment adds this topic to the list of research areas that will be 
undertaken through the Initiative.
    Second, witnesses discussed barriers to moving innovative 
technologies out of the lab and into the market place. Mr. Modzelewski 
provided one possible solution to overcoming barriers to 
commercialization. He recommended the creation of a National Water 
Pilot Testing Facility.
    Various federal testing facilities exist for other emerging 
technologies. For example, The Department of Energy's National 
Renewable Energy Lab (NREL) has an on-site facility for testing the 
durability of wind turbines, and the Bureau of Reclamation has a 
desalination testing facility in Yuma, Arizona.
    A facility such as this may, in fact be an important asset to the 
research community. However, I do not believe we have sufficient 
information to authorize a facility of this nature at present.
    Therefore, my amendment tasks the Government Accountability Office 
(GAO) with investigating the feasibility and practicality of creating a 
National Water Pilot Testing Facility. The GAO team will then report 
their findings to Congress, so that we can determine the best path 
forward.
    I want to thank the Chairman for his leadership on H.R. 1145, and I 
ask my colleagues to support my amendment.

    Chair Gordon. Thank you, Mr. Tonko, for making a good bill 
even better. Is there further discussion on that amendment? If 
no, all in favor say aye. The ayes have it. The amendment is 
agreed to. Excuse me. Does anyone want to say no? If no, then 
the ayes have it.
    Are there other amendments? If no, then the vote is on the 
bill, H.R. 1145 as amended. All those in favor will say aye, 
all those opposed say, no. In the opinion of the Chair, the 
ayes have it.
    Before I recognize Dr. Baird, let me just quickly say thank 
you to all those that have participated today, and let me also 
say particularly for our newer Members, although today went 
relatively smoothly, it wasn't because these were 
inconsequential bills. Just to the contrary. They are very 
important bills, there was a lot of work put into it, a lot of 
consultation with the Minority, a variety of hearings 
beforehand, and I think because of that it does go smoothly.
    I want to also remind you that if you have not co-sponsored 
the bills, you will have two weeks to do so. I would suggest if 
you want to, do it and go home and tell them it is your bill 
because they are two good one.
    I now recognize Dr. Baird for a motion.
    Mr. Baird. Mr. Chair, I move that the Committee favorably 
report H.R. 1145 as amended to the House with the 
recommendation that the bill do pass. Furthermore, I move that 
the staff be instructed to prepare the legislative report and 
make necessary technical and conforming changes and that the 
Chair take all necessary steps to bring the bill before the 
House for consideration.
    Chair Gordon. The question is on the motion to report the 
bill favorably. Those in favor of the motion signify by saying 
aye, opposed, no. The ayes have it, and the bill is favorably 
reported. Without objection, the motion to reconsider is laid 
upon the table. Members will have two subsequent calendar days 
in which to submit supplemental, Minority, or additional views 
on the measure.
    Once again, I thank our Members for being here, and this 
markup is concluded.
    [Whereupon, at 11:15 a.m., the Committee was adjourned.]
                               Appendix:

                              ----------                              


        H.R. 1145, Section-by-Section Analysis, Amendment Roster






                     Section-by-Section Analysis of
                 H.R. 1145, National Water Research and
                       Development Initiative Act
Title: National Water Research and Development Initiative Act

Purpose: To improve the Federal Government's role in water research, 
development, demonstration, data collection, education, and technology 
transfer activities to address changes in water use, supply, and demand 
in the United States.

Section 1: Short Title

    The National Water Research and Development Initiative Act of 2009

Section 2: National Water Research and Development Initiative

    Section 2 directs the President to implement a National Water 
Research and Development Initiative to improve federal activities on 
water, including: research, development, demonstration, data collection 
and dissemination, education, and technology transfer. As part of the 
Initiative, the President shall establish or designate an interagency 
committee with representation from all federal agencies dealing with 
water and the Office of Management and Budget. The Office of Science 
and Technology Policy will chair the Committee.
    The Committee is charged with developing a National Water 
Availability Research and Assessment Plan, coordinating all federal 
activities on water that include research, development, demonstration, 
data collection and dissemination, education, and technology transfer, 
and promoting cooperation among agencies with respect to water 
research. The Committee is also responsible for facilitating technology 
transfer, communication, and opportunities for exchange with non-
governmental organizations.
    The President is directed to create a National Water Initiative 
Coordination Office to provide technical and administrative support to 
the Committee. The Office will disseminate information to the public 
and serve as a point of contact for the Initiative.
    The National Water Research and Assessment Plan establishes 
priorities for federal water research and assessment and shall utilize 
the recommendation from a 2007 Report issued by SWAQ (Subcommittee on 
Water Availability and Quality of the National Science and Technology 
Council) and recommendations by the National Academy of Sciences. This 
section also identifies required elements of the Plan. The Plan lists a 
number of water research outcomes to be achieved by the agencies 
participating in the Initiative.
    The Plan will be subject to a 90 day public comment period and must 
be submitted to Congress within one year of enactment.
    Section 2 also requires the President to establish or designate an 
advisory committee including non-governmental experts to provide 
guidance and recommendations to the interagency committee governing the 
Initiative.

Section 3: Budget Coordination

    Section 3 directs the President to provide guidance to each federal 
agency in the Initiative with respect to the President's annual budget 
request. The President is required to describe and list the items in 
the request that are intended to achieve the outcomes of the Plan.

Section 4: Annual Report

    Section 4 directs the President submit an annual report to Congress 
describing the activities and results of the Initiative.