[Congressional Record Volume 151, Number 42 (Tuesday, April 12, 2005)]
[House]
[Pages H1858-H1861]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




           TWENTY-FIRST CENTURY WATER COMMISSION ACT OF 2005

  Mr. DUNCAN. Madam Speaker, I move to suspend the rules and pass the 
bill (H.R. 135) to establish the ``Twenty-First Century Water 
Commission'' to study and develop recommendations for a comprehensive 
water strategy to address future water needs.
  The Clerk read as follows:

                                H.R. 135

       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 ``Twenty-First Century Water 
     Commission Act of 2005''.

     SEC. 2. FINDINGS.

       Congress finds that--
       (1) the Nation's water resources will be under increasing 
     stress and pressure in the coming decades;
       (2) a thorough assessment of technological and economic 
     advances that can be employed to increase water supplies or 
     otherwise meet water needs in every region of the country is 
     important and long overdue; and
       (3) a comprehensive strategy to increase water availability 
     and ensure safe, adequate, reliable, and sustainable water 
     supplies is vital to the economic and environmental future of 
     the Nation.

     SEC. 3. ESTABLISHMENT.

       There is established a commission to be known as the 
     ``Twenty-First Century Water Commission'' (in this Act 
     referred to as the ``Commission'').

     SEC. 4. DUTIES.

       The duties of the Commission shall be to--
       (1) use existing water assessments and conduct such 
     additional assessments as may be necessary to project future 
     water supply and demand;
       (2) study current water management programs of Federal, 
     Interstate, State, and local agencies, and private sector 
     entities directed at increasing water supplies and improving 
     the availability, reliability, and quality of freshwater 
     resources; and
       (3) consult with representatives of such agencies and 
     entities to develop recommendations consistent with laws, 
     treaties, decrees, and interstate compacts for a 
     comprehensive water strategy which--
       (A) respects the primary role of States in adjudicating, 
     administering, and regulating water rights and water uses;
       (B) identifies incentives intended to ensure an adequate 
     and dependable supply of water to meet the needs of the 
     United States for the next 50 years;
       (C) suggests strategies that avoid increased mandates on 
     State and local governments;
       (D) eliminates duplication and conflict among Federal 
     governmental programs;
       (E) considers all available technologies and other methods 
     to optimize water supply reliability, availability, and 
     quality, while safeguarding the environment;
       (F) recommends means of capturing excess water and flood 
     water for conservation and use in the event of a drought;
       (G) suggests financing options for comprehensive water 
     management projects and for appropriate public works 
     projects;
       (H) suggests strategies to conserve existing water 
     supplies, including recommendations for repairing aging 
     infrastructure; and
       (I) includes other objectives related to the effective 
     management of the water supply to ensure reliability, 
     availability, and quality, which the Commission shall 
     consider appropriate.

     SEC. 5. MEMBERSHIP.

       (a) Number and Appointment.--The Commission shall be 
     composed of 9 members who shall be appointed not later than 
     90 days after the date of enactment of this Act. Member shall 
     be appointed as follows:
       (1) 5 members appointed by the President;
       (2) 2 members appointed by the Speaker of the House of 
     Representatives, in consultation with the Minority Leader of 
     the House of Representatives; and
       (3) 2 members appointed by the Majority Leader of the 
     Senate, in consultation with the Minority Leader of the 
     Senate.
       (b) Qualifications.--Members shall be appointed to the 
     Commission from among individuals who--
       (1) are of recognized standing and distinction in water 
     policy issues; and
       (2) while serving on the Commission, do not hold any other 
     position as an officer or employee of the United States, 
     except as a retired officer or retired civilian employee of 
     the United States.
       (c) Other Considerations.--In appointing members of the 
     Commission, every effort shall be made to ensure that the 
     members represent a broad cross section of regional and 
     geographical perspectives in the United States.
       (d) Chairperson.--The Chairperson of the Commission shall 
     be designated by the President.
       (e) Terms.--Members of the Commission shall be appointed 
     not later than 90 days after the date of enactment of this 
     Act and shall serve for the life of the Commission.
       (f) Vacancies.--A vacancy on the Commission shall not 
     affect its operation, and shall be filled in the same manner 
     as the original appointment provided under subsection (a).
       (g) Compensation and Travel Expenses.--Members of the 
     Commission shall serve without compensation, except members 
     shall receive travel expenses, including per diem in lieu of 
     subsistence, in accordance with applicable provisions under 
     subchapter I of chapter 57, United States Code.

     SEC. 6. MEETINGS AND QUORUM.

       (a) Meetings.--The Commission shall hold its first meeting 
     not later than 60 days after the date on which all members 
     have been appointed under section 5, and shall hold 
     additional meetings at the call of the Chairperson or a 
     majority of its members.
       (b) Quorum.--A majority of the members of the Commission 
     shall constitute a quorum for the transaction of business.

     SEC. 7. DIRECTOR AND STAFF.

       A Director shall be appointed by the Speaker of the House 
     of Representatives and the Majority Leader of the Senate, in 
     consultation with the Minority Leader and chairmen of the 
     Resources and Transportation and Infrastructure Committees of 
     the House of Representatives, and the Minority Leader and 
     chairmen of the Energy and Natural Resources and Environment 
     and Public Works Committees of the Senate. The Director and 
     any staff reporting to the Director shall be paid a rate of 
     pay not to exceed the maximum rate of basic pay for GS-15 of 
     the General Schedule.

     SEC. 8. POWERS AND PROCEEDINGS OF THE COMMISSION.

       (a) Hearings.--The Commission shall hold no fewer than 10 
     hearings during the life of the Commission. Hearings may be 
     held in conjunction with meetings of the Commission. The 
     Commission may take such testimony and receive such evidence 
     as the Commission considers appropriate to carry out this 
     Act. At least 1 hearing shall be held in Washington, D.C., 
     for the purpose of taking testimony of representatives of 
     Federal agencies, national organizations, and Members of 
     Congress. Other hearings shall be

[[Page H1859]]

     scheduled in distinct geographical regions of the United 
     States and should seek to ensure testimony from individuals 
     with a diversity of experiences, including those who work on 
     water issues at all levels of government and in the private 
     sector.
       (b) Information and Support From Federal Agencies.--Upon 
     request of the Commission, any Federal agency shall--
       (1) provide to the Commission, within 30 days of its 
     request, such information as the Commission considers 
     necessary to carry out the provisions of this Act; and
       (2) detail to temporary duty with the Commission on a 
     reimbursable basis such personnel as the Commission considers 
     necessary to carry out the provisions of this Act, in 
     accordance with section 5(b)(5), Appendix, title 5, United 
     States Code.

     SEC. 9. REPORTS.

       (a) Interim Reports.--Not later than 6 months after the 
     date of the first meeting of the Commission, and every 6 
     months thereafter, the Commission shall transmit an interim 
     report containing a detailed summary of its progress, 
     including meetings and hearings conducted in the interim 
     period, to--
       (1) the President;
       (2) the Committee on Resources and the Committee on 
     Transportation and Infrastructure of the House of 
     Representatives; and
       (3) the Committee on Energy and Natural Resources and the 
     Committee on the Environment and Public Works of the Senate.
       (b) Final Report.--As soon as practicable, but not later 
     than 3 years after the date of the first meeting of the 
     Commission, the Commission shall transmit a final report 
     containing a detailed statement of the findings and 
     conclusions of the Commission, and recommendations for 
     legislation and other policies to implement such findings and 
     conclusions, to--
       (1) the President;
       (2) the Committee on Resources and the Committee on 
     Transportation and Infrastructure of the House of 
     Representatives; and
       (3) the Committee on Energy and Natural Resources and the 
     Committee on the Environment and Public Works of the Senate.

     SEC. 10. TERMINATION.

        The Commission shall terminate not later than 30 days 
     after the date on which the Commission transmits a final 
     report under section 9(b).

     SEC. 11. AUTHORIZATION OF APPROPRIATIONS.

        There are authorized to be appropriated $9,000,000 to 
     carry out this Act.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
Tennessee (Mr. Duncan) and the gentlewoman from California (Mrs. 
Napolitano) each will control 20 minutes.
  The Chair recognizes the gentleman from Tennessee (Mr. Duncan).


                             General Leave

  Mr. DUNCAN. Madam Speaker, I ask unanimous consent that all Members 
may have 5 legislative days within which to revise and extend their 
remarks and include extraneous material on H.R. 135, the bill under 
consideration.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Tennessee?
  There was no objection.
  Mr. DUNCAN. Madam Speaker, I yield myself such time as I may consume.
  H.R. 135, introduced be my good friend, the distinguished gentleman 
from Georgia (Mr. Linder), and cosponsored by a wide range of Members 
from both parties, creates the 21st Century Water Commission to find 
ways to increase and conserve water supplies. The gentleman from 
Georgia and his colleagues have properly recognized that water 
shortages are a common problem throughout the United States.
  The goal of this legislation is for a broad-based commission to 
recommend a comprehensive water strategy that recognizes and upholds 
the primary role of the States in administering our water laws. The 
commissioners, appointed by the President and the Congress, would look 
at ways to improve interagency coordination, eliminate government 
duplication, create new financing opportunities and improve our 
Nation's water infrastructure, among other things, all very important 
goals.
  The commission is directed to hold no less than 10 public hearings 
around the Nation and submit a final report no later than 3 years after 
its first meeting so that this commission will not drag on forever. The 
legislation sunsets the commission within 30 days of the final report's 
submission.
  Madam Speaker, there is, and should be, a limited Federal role in 
these matters since States and localities primarily administer water 
rights and know the most about them. This bill does not add Federal 
regulation to the books. It simply creates a mechanism for further 
dialogue and potential solutions for all levels of government.
  This idea has come a long way since it was originally introduced over 
two Congresses ago. It has been subject to hearings and comprehensively 
vetted through both the Committee on Resources and the Committee on 
Transportation and Infrastructure, both of which I have the privilege 
to serve on.
  In fact, last Congress I held a series of hearings on water supply 
issues, including a hearing on this legislation. The witnesses who 
testified before my Subcommittee on Water Resources and Environment 
strongly supported greater planning to meet future water needs, 
involving all levels of government, and supported the 21st Century 
Water Commission Act as a means to help start that process.
  It, like the identical bill passed by the House in the 108th 
Congress, is the right solution for the right time. It respects the 
primary role that States play in addressing water resources issues.

                              {time}  1415

  I urge my colleagues to adopt this bipartisan bill.
  Madam Speaker, I reserve the balance of my time.
  Mrs. NAPOLITANO. Madam Speaker, I yield myself such time as I may 
consume.
  (Mrs. NAPOLITANO asked and was given permission to revise and extend 
her remarks.)
  Mrs. NAPOLITANO. Madam Speaker, I rise in support of H.R. 135. This 
legislation, as explained by my colleague, would establish the 21st 
Century Water Policy Commission to study Federal, State, local and 
private water management programs in order to develop recommendations 
for a comprehensive national water strategy.
  The objectives of H.R. 135 are not only worthwhile but a necessity 
for the country, and we appreciation the cooperation we have received 
from the sponsor of the bill. I urge my colleagues to support the 
legislation.
  Madam Speaker, I yield back the balance of my time.
  Mr. DUNCAN. Madam Speaker, I yield such time as he may consume to the 
gentleman from Georgia (Mr. Linder), probably the Member of this body 
who was the first to recognize the grave importance of water issues in 
this Nation, the distinguished primary sponsor of this bill. I commend 
the gentleman for his steadfast and yeoman's work on this legislation, 
and it should be noted that one of our leading national newspapers just 
a few years ago wrote a series of articles saying that water would be 
the oil of the 21st century.
  Mr. LINDER. Madam Speaker, as the bill's sponsor, I rise to support 
H.R. 135, the 21st Century Water Commission Act. H.R. 135 will bring 
together our Nation's premier water experts to recommend strategies for 
meeting our water challenges in the 21st century.
  I would like to thank several Members who have worked with me to 
bring this proposal to the floor today. First, the gentleman from 
California (Mr. Pombo), chairman of the Committee on Resources; the 
gentleman from California (Mr. Radanovich), chairman of the 
Subcommittee on Water and Power; the gentleman from Alaska (Mr. Young), 
chairman of the Committee on Transportation and Infrastructure; and the 
gentleman from Tennessee (Mr. Duncan), chairman of the Subcommittee on 
Water Resources and Environment.
  I thank the gentleman from Florida (Mr. Keller), the former chairman 
of the subcommittee and the ranking member, and the gentlewoman from 
California (Mrs. Napolitano), who worked so hard in getting this bill 
to the floor in the past Congress.
  H.R. 135 was approved in the 108th Congress by a voice vote on 
November 21, 2003. Unfortunately, the Senate failed to act on the 
legislation before the Congress adjourned. Creating a comprehensive 
water policy to meet the needs of the 21st century is a matter of human 
survival and quality of life for the United States. I am excited about 
continuing to move this bill through the legislative process early in 
this Congress.
  Water-related issues have been of interest to me for many years. I 
wrote an article in 1978 that predicted that one of the two major 
challenges for our country during the next century would be providing 
enough fresh water for a growing population.

[[Page H1860]]

  Since that time, about 25 years ago, America still does not have an 
integrated or comprehensive water policy, even with the hundreds of 
thousands of Federal, State, local and private sector employees working 
to solve water problems. The difficulty is that there is little 
communication and coordination among these experts. If we wait another 
10 or 20 years to get serious about meeting the demand for clean water, 
it will be too late. We must act now to meet these challenges.
  As my colleagues are aware, many States across the Nation are 
currently facing a water crisis or have in the last few years. Once 
thought to be a problem only in the arid West, severe droughts a few 
years ago caused water shortages up and down the East Coast. States 
once accustomed to unlimited access to water realized they were not 
immune to the problems that the West has experienced for decades.
  In addition to drought, aquifers are being challenged by salt water 
intrusion, crops are being threatened, and our aging water pipes leak 
billions of gallons of freshwater in cities all over the Nation. For 
example, New York City loses 36 million gallons per day, Philadelphia 
loses 85 million gallons per day through leaky pipes.
  Let me be clear about one thing. My bill does not give the Federal 
Government more direct authority or control over water. Rather, this 
Commission will make recommendations about how we can both coordinate 
water management issues on all levels so that localities, States, and 
the Federal Government can work together to enact a comprehensive water 
policy to avoid future shortages.
  The 21st Century Water Commission would be an advisory body, and its 
recommendations would be nonbinding.
  Some of the highlights are these: The Commission will look for ways 
to ensure fresh water for the next 50 years. The Commission will be 
composed of nine members appointed by the President and key leaders in 
the House and Senate. The Commission will look for ways to eliminate 
duplication and conflict among Federal agencies and will consider new 
and all available technologies to optimize water supply reliability. 
The Commission will hold hearings in distinct geographical regions of 
the United States and in Washington, D.C., to seek a diversity of 
views, comments and inputs. Not later than 6 months after the first 
meeting and every 6 months thereafter, the Commission will transmit an 
interim report to the Congress and to the President.
  A final report will be due within 3 years of the Commission's 
inception. The report will include a detailed statement of findings and 
conclusions of the Commission, as well as recommendations for 
legislation and other policies.
  The United States cannot afford to reevaluate its water policies 
every time a crisis hits. Now is the time to get ahead of the issue, 
and I believe the Commission can serve as a channel for sharing the 
successful strategies and ideas that will allow us to do so. I ask my 
colleagues to join me in voting for H.R. 135.
  Mr. DUNCAN. Madam Speaker, I yield myself such time as I may consume.
  Mrs. NAPOLITANO. Madam Speaker, will the gentleman yield?
  Mr. DUNCAN. I yield to the gentlewoman from California.
  Mrs. NAPOLITANO. Madam Speaker, I could not agree more with the 
intent of the bill. I certainly hope it takes less than the 12 years it 
took to do the Southern California Water Study. We do have a time frame 
for this to happen. It is critical for us to recognize that all areas 
of our country have water needs, and we need to consolidate how we 
address them and be together with the suppliers so we can move ahead 
with a comprehensive plan.
  Mr. DUNCAN. Madam Speaker, let me just close by saying that although 
this bill is not controversial and has not received a lot of publicity, 
that should not denigrate its significance. Because of our aging clean 
water infrastructure, because of water supply problems in many parts of 
this Nation, and for all of the other reasons that our colleague, the 
gentleman from Georgia (Mr. Linder), just mentioned, this is a very 
important bill. I urge all of my colleagues to support it.
  Madam Speaker, I submit the following exchange of letters on H.R. 135 
for the Record.
                                         House of Representatives,


                                       Committee on Resources,

                                    Washington, DC, April 5, 2005.
     Hon. Don Young,
     Chairman, Committee on Transportation and Infrastructure, 
         Washington, DC.
       Dear Mr. Chairman: I request your assistance in scheduling 
     H.R. 135, the Twenty-First Century Water Commission Act of 
     2005, for consideration by the House of Representatives. This 
     bill was referred primarily to the Committee on resources and 
     additionally to your committee.
       As the text of this bill is identical to what passed the 
     House of Representatives under suspension of the rules last 
     Congress, I ask that you allow your committee to be 
     discharged from further consideration of the bill to allow us 
     to pass it again. Perhaps with more time, the Senate will be 
     able to give it due consideration.
       By allowing the Transportation and Infrastructure Committee 
     to be discharged, you are not waiving any jurisdiction you 
     may have over the bill. I also agree that in the unlikely 
     event that this bill becomes the focus of a conference 
     committee that I will support your request to be represented 
     on that conference. Finally, I agree that this discharge will 
     not serve as precedent for future referrals.
       Thank you for your consideration of my request. I look 
     forward to another Congress of extraordinary cooperation 
     between our committees on matters of mutual interest.
           Sincerely,
                                                 Richard W. Pombo,
     Chairman.
                                  ____

         House of Representatives, Committee on Transportation and 
           Infrastructure,
                                    Washington, DC, April 5, 2005.
     Hon. Richard W. Pombo,
     Chairman, Committee on Resources,
     Washington, DC.
       Dear Mr. Chairman: I am writing to you concerning the 
     jurisdictional interest of the Transportation and 
     Infrastructure Committee in matters being considered in H.R. 
     135, the Twenty-First Century Water Commission Act of 2005. 
     As you know, this legislation was also referred to the 
     Transportation Committee.
       Our Committee recognizes the importance of H.R. 135 and the 
     need for the legislation to move expeditiously to the House 
     floor. Therefore, I am willing to have the Transportation 
     Committee discharged from consideration of the bill. I would 
     appreciate it if you would include a copy of this letter and 
     your response in the Congressional Record.
       The Committee on Transportation and Infrastructure also 
     asks that you support our request to be conferees on the 
     provisions over which we have jurisdiction during any House-
     Senate conference.
       Thank you for your cooperation in this matter.
           Sincerely,
                                                        Don Young,
                                                         Chairman.

  Mr. OBERSTAR. Madam Speaker, I rise today in support of H.R. 135, a 
bill to establish a commission to examine the issue of clean, safe, and 
reliable water supplies for this generation and for generations to 
come.
  Madam Speaker, water may well be the most precious resource on Earth. 
The existence of water set the stage for the evolution of life and is 
an essential ingredient of all life today.
  Recognizing the importance of this vital resource, the United Nations 
designated 2003 as the ``International Year of Freshwater.'' According 
to the U.N., throughout the world roughly one person in six lives 
without regular access to safe drinking water, and over twice that 
number--or 2.4 billion--lack access to adequate sanitation. In 
addition, water-related diseases kill a child every eight seconds.
  In the United States, we have avoided many of these concerns through 
careful planning and decades of investment in our water infrastructure. 
Nationally, a combination of Federal, state, and local funds have built 
16,024 wastewater treatment facilities that provide service to 190 
million people, or 73 percent of the total population.
  In addition, 268 million people in the United States--or 92 percent 
of the total population--are currently served by public drinking water 
systems, which provide a safe and reliable source of drinking water for 
much of the nation.
  As I noted earlier, clean, safe, and reliable sources of water are 
critical to this nation's health and livelihood. However, in the past 
few decades, a series of natural events, as well as, human-induced 
events have demonstrated that our nation remains vulnerable to 
shortages of water.
  In my own State, we have experienced shortages of snowfall and rain 
which have had an adverse impact on local water supplies, agriculture, 
and recreation and tourism, and have contributed to historically low 
water levels in the Great Lakes. One thing is certain: no area of this 
country is immune to the threat of diminished water supplies. We must 
be vigilant in preparing for such occurrences.

[[Page H1861]]

  This bill is a part of the debate on the very important issue of 
water resource planning in this country. The gentleman from Georgia, 
Mr. Linder, has taken an important step in encouraging this debate, 
calling for the creation of a Federal commission to examine issues 
related to national water resource planning, and to report its findings 
on potential ways to insure against large-scale water shortages in the 
future.

  While I believe that the legislation introduced by our colleague is a 
good starting point, we must be sure to examine fully all of the 
relevant issues for ensuring adequate supplies of clean and safe water 
to meet current and future needs.
  For example, water resource planning should work toward increasing 
the efficiency of water consumption as well as increasing the supply of 
water. Simply increasing the supply of water can be a more costly 
approach to meeting future water needs, and in any case, merely 
postpones any potential water resource crisis.
  In addition, it is important to remember that issues of water supply 
are closely related to water quality. Contaminated sources of 
freshwater are of little use to the Nation's health or livelihood; 
removing contaminants drives up the overall cost of providing safe and 
reliable water resources to our people.
  In addition, human activities, whether through the pollution of 
waterbodies from point or non-point sources, the elimination of natural 
filtration abilities of wetlands, or through the destruction and 
elimination of aquifer recharge points, can have a significant impact 
on available supplies of usable water.
  We cannot base our future water resource planning needs on the 
possibility of finding ``new'' sources of freshwater while, at the same 
time, tolerating practices that destroy or contaminate existing 
sources. All the water there ever was or ever will be on this planet is 
with us now; we must spare no effort to be vigilant and careful 
stewards of that water.
  I urge my colleagues to support the bill.
  Mr. DUNCAN. Madam Speaker, I yield back the balance of my time.
  The SPEAKER pro tempore (Mrs. Miller of Michigan). The question is on 
the motion offered by the gentleman from Tennessee (Mr. Duncan) that 
the House suspend the rules and pass the bill, H.R. 135.
  The question was taken.
  The SPEAKER pro tempore. In the opinion of the Chair, two-thirds of 
those present have voted in the affirmative.
  Mr. DUNCAN. Madam Speaker, on that I demand the yeas and nays.
  The yeas and nays were ordered.
  The SPEAKER pro tempore. Pursuant to clause 8 of rule XX and the 
Chair's prior announcement, further proceedings on this motion will be 
postponed.

                          ____________________