[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1145 Referred in Senate (RFS)]

111th CONGRESS
  1st Session
                                H. R. 1145


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             April 23, 2009

 Received; read twice and referred to the Committee on Environment and 
                              Public Works

_______________________________________________________________________

                                 AN ACT


 
To implement a National Water Research and Development Initiative, and 
                          for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

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, quality, supply, and demand in the United States, 
including providing additional support to increase water supply through 
greater efficiency, conservation, and measures to abate water quality 
impairment.
    (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 and water quality, 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 
                institutions of higher education, non-governmental 
                organizations, State and local governments, tribal 
                governments, industry, water resources managers, 
                commercial end users, 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) provide guidance on outreach to institutions of 
                higher education (as defined in section 101(a) of the 
                Higher Education Act of 1965 (20 U.S.C. 1001(a)) that 
                are located in an area affected by drought and 
                encourage such institutions to apply for funding 
                opportunities specified in the plan;
                    (G) encourage cooperation between Federal agencies, 
                State and local governments, and tribal governments to 
                develop standard methods for collecting, managing, and 
                disseminating data on water;
                    (H) 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; and
                    (I) assess the role of Federal water research 
                funding in helping to develop the next generation of 
                scientists and engineers at institutions of higher 
                education.
            (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, public-private collaborations, 
                        commercial end users, and others to exchange 
                        technical and programmatic information; and
                            (iii) communicate with the public, 
                        including through a publicly accessible 
                        website, 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 as 
                noticed on the Office's website 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 and revised and 
                resubmitted every 4 years thereafter.
    (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 and technologies, including techniques and 
        technologies that provide publicly generated data useful to 
        water managers.
            (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, including spatial and temporal variation in 
        natural supply, watershed hydrology, human and ecological 
        demand, and infrastructure.
            (10) Analyses of the energy required to provide reliable 
        water supplies and the water required to provide reliable 
        energy supplies throughout the United States, including 
        analyses of the amount, proximity, and type of water required 
        for the production of alternative and renewable energy 
        resources.
            (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.
            (15) Development of resources to investigate the effects of 
        invasive species on water supplies.
            (16) Development of technologies and practices to treat 
        eutrophic water bodies, including rivers, estuaries, and 
        coastal waters.
            (17) Development of tools to assist local water resource 
        managers in anticipating changing water availability and use 
        patterns in the preparation of a strategic plan for sustainable 
        future operations.
            (18) Development of a program to offer technical and 
        planning assistance to States, localities, and regions that use 
        or are planning to use land conservation as a method to protect 
        water quality, as well as an analysis of the impact of land 
        conservation on watershed hydrology.
            (19) Improvement of understanding of the impacts from 
        chemical impairments, including contaminants of emerging 
        concern, such as endocrine disrupting compounds, 
        pharmaceuticals, and personal care products, on water supply 
        and quality.
            (20) Analyses of the Nation's water research facilities and 
        identification of whether a need exists for additional 
        facilities.
            (21) Assessment of potential water storage projects that 
        would enhance water supply, water planning, and other 
        beneficial uses.
            (22) Improvement of understanding of water-intensive 
        sectors of the economy and industrial needs for water.
            (23) Improvement of understanding of competing water supply 
        uses and how different uses interact with and impact each 
        other.
            (24) Projection of long-term ice cover and water level 
        outlook for major water bodies in the United States, including 
        the Great Lakes, the potential impacts of the results of such 
        projections on infrastructure, and resource management options 
        based on such projections.
            (25) Assessment of the impacts of natural disasters, 
        including floods, hurricanes, and tornadoes, on water 
        resources.
    (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.
    (c) Evaluation.--Not later than 30 days after the submission of the 
President's annual budget request to Congress, the Director of the 
Office of Science and Technology Policy shall write a letter to 
Congress evaluating the budget as it relates to Federal water research 
and the success of the interagency committee in meeting the outcomes 
listed in section 2(d).

SEC. 4. COORDINATION.

    (a) In General.--The interagency committee shall coordinate the 
activities of the Initiative with the United States Global Change 
Research Program.
    (b) Sense of Congress.--It is the sense of Congress that the 
interagency committee should collaborate with public institutions of 
higher education whenever possible.

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) and the 
indicators used to measure such progress.

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. WASTEWATER AND STORMWATER REUSE TECHNOLOGY DEMONSTRATION 
              PROGRAM.

    (a) In General.--In consultation with the interagency committee, 
the Assistant Administrator for Research and Development at the 
Environmental Protection Agency shall establish a wastewater and 
stormwater reuse and recycling technology demonstration program, 
consistent with section 2(d)(3).
    (b) Activities.--Under the program established in subsection (a), 
the Assistant Administrator shall develop and fund projects to 
demonstrate, evaluate, and test the techniques and technologies to 
reuse and recycle stormwater and wastewater at the building, site, 
neighborhood, and watershed scales for urban, industrial, agricultural, 
environmental, and recreational uses as well as to augment potable 
water supplies.

SEC. 9. WATER RESOURCE RESEARCH INSTITUTES.

    (a) Support; Coordinated Plan.--Section 104(b) of the Water 
Resources Research Act of 1984 (42 U.S.C. 10303) is amended--
            (1) in paragraph (1), by striking ``, and'' at the end and 
        inserting a semicolon;
            (2) in paragraph (2), by striking the period at the end and 
        inserting a semicolon; and
            (3) by inserting after paragraph (2) the following:
            ``(3) support the goals of the National Water Research and 
        Development Initiative; and
            ``(4) submit to the interagency committee under section 
        2(b) of the National Water Research and Development Initiative 
        Act of 2009 a single, coordinated, annual report that 
        identifies future water research needs.''.
    (b) Types of Research and Development.--Section 108 of such Act (42 
U.S.C. 10307) is amended--
            (1) in paragraph (9), by striking ``and'' after the 
        semicolon;
            (2) in paragraph (10), by striking the period at the end 
        and inserting ``; and''; and
            (3) by adding at the end the following:
            ``(11) Technical research on prevention and removal of 
        contaminants of emerging concern, including endocrine 
        disrupting compounds, pharmaceuticals, and personal care 
        products, in water resources.''.

SEC. 10. PILOT PROGRAM.

    The Administrator of the Environmental Protection Agency shall 
establish a national pilot program exploring the use of energy audits 
of water related infrastructure to identify energy and water saving 
opportunities. As part of the program, each participating entity shall 
receive an Energy Star Benchmarking energy performance score to provide 
an initial screening of that entity, as well as an ongoing tracking 
measure to compare their energy performance against similar entities 
nationwide.

SEC. 11. 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;
            (3) $2,000,000 for fiscal year 2012;
            (4) $2,000,000 for fiscal year 2013; and
            (5) $2,000,000 for fiscal year 2014.

SEC. 12. STUDY.

    Not later than 90 days after the date of enactment of this Act, the 
Secretary of the Interior shall enter into an arrangement with the 
National Academy of Sciences for a study on the impact of changes in 
snow pack, including snow pack from the Sierra Nevada, on water 
resources and its relation to water supply, including the Sacramento-
San Joaquin Delta.

SEC. 13. REPORTS TO CONGRESS.

    (a) Report on Barriers.--Not later than 90 days after the date of 
enactment of this Act, the President shall submit to Congress a report 
that--
            (1) identifies from each agency on the interagency 
        committee established under section 2(b) the statutory or 
        regulatory barriers--
                    (A) that prevent the use of technology, technique, 
                data collection method, or model considered under this 
                Act; and
                    (B) that, due to such barrier to using such 
                technology, technique, method, or model, contribute to 
                the loss of jobs in rural or agricultural economies 
                dependent on the greater availability of water 
                resources in the United States;
            (2) identifies the long-term consequences on job losses of 
        such barriers that continue to be in effect; and
            (3) recommends steps to remove such barriers.
    (b) Report on Impacts.--Not later than 90 days after the date of 
enactment of this Act, the President shall submit to Congress a report 
that--
            (1) identifies the economic impacts of water diversions for 
        water supply, conservation for fish species (including the 
        Delta smelt), and water quality impairment in the San Joaquin 
        Valley of California; and
            (2) recommends steps to mitigate such economic impacts to 
        preserve the water-dependent rural economy.

            Passed the House of Representatives April 23, 2009.

            Attest:

                                            LORRAINE C. MILLER,

                                                                 Clerk.