[House Report 111-82]
[From the U.S. Government Publishing Office]
111th Congress Report
HOUSE OF REPRESENTATIVES
1st Session 111-82
======================================================================
PROVIDING FOR CONSIDERATION OF THE BILL (H.R. 1145) TO IMPLEMENT A
NATIONAL WATER RESEARCH AND DEVELOPMENT INITIATIVE, AND FOR OTHER
PURPOSES
_______
April 22, 2009.--Referred to the House Calendar and ordered to be
printed
_______
Mr. Arcuri, from the Committee on Rules, submitted the following
R E P O R T
[To accompany H. Res. 352]
The Committee on Rules, having had under consideration
House Resolution 352, by a non-record vote, report the same to
the House with the recommendation that the resolution be
adopted.
SUMMARY OF PROVISIONS OF THE RESOLUTION
The resolution provides for consideration of H.R. 1145, the
``National Water Research and Development Initiative Act of
2009,'' under a structured rule. The resolution provides for
one hour of general debate equally divided and controlled by
the chair and ranking minority member of the Committee on
Science and Technology.
The resolution waives all points of order against
consideration of the bill except those arising under clause 9
or 10 of rule XXI. The resolution provides that the amendment
in the nature of a substitute recommended by the Committee on
Science and Technology shall be considered as an original bill
for the purpose of further amendment. The committee amendment
in the nature of a substitute shall be considered as read. All
points of order against the committee amendment are waived
except those arising under clause 10 of rule XXI. This waiver
does not affect the point of order available under clause 9 of
rule XXI (regarding earmark disclosure).
The resolution makes in order only those amendments printed
in this report. Each such amendment may be offered only in the
order printed, may be offered only by a Member designated,
shall be considered as read, shall be debatable for the time
specified equally divided and controlled by the proponent and
an opponent, and shall not be subject to amendment or demand
for division of the question. The resolution waives all points
of order against such amendments except those arising under
clause 9 or 10 of rule XXI. Finally, the resolution provides
one motion to recommit with or without instructions.
EXPLANATION OF WAIVERS
The waiver of all points of order against the bill's
consideration (except those arising under clause 9 or 10 of
rule XXI) includes a waiver of clause 4(a) of rule XIII
(requiring a three-day layover of a committee report). Although
the rule waives all points of order against the committee
amendment in the nature of a substitute (except those arising
under clause 10 of rule XXI), the Committee is not aware of any
points of order. The waiver of points of order against the
committee amendment in the nature of a substitute is
prophylactic.
COMMITTEE VOTES
The results of each record vote on an amendment or motion
to report, together with the names of those voting for and
against, are printed below:
Rules Committee record vote No. 59
Date: April 22, 2009.
Measure: H.R. 1145.
Motion by: Mr. Dreier.
Summary of motion: To make in order and provide appropriate
waivers for the following amendments, to be separately
considered, each debatable for 10 minutes equally divided: (1)
Rep. Hastings, Doc (WA), #13, which would add to interagency
committee duties an identification of agency barriers to new
water storage; (2) Rep. Hastings, Doc (WA), #15, which would
add to the water research and development plan improvement of
hydropower generation technology to increase generation
efficiency; (3) Rep. Linder, John (GA), #40, which would create
a commission to develop a comprehensive water strategy to
address America's long-term water needs. The commission is to
be composed of nine members to be appointed by the President,
the House Speaker, and the Senate Majority Leader; (4) Rep.
Miller, Candice (MI), #30, which would prohibit consideration
or promotion of policies that would undermine or interfere with
the principles of the Great Lakes--St. Lawrence River Basin
Water Resources Compact (Public Law 110-342); and (5) Rep.
Roskam, Peter (IL), #36, which would strike the bill's
authorization of funds. It also would terminate the provisions
of the Act if the OMB Director determines that the Act has
resulted in an increase in the expenditures of any Federal
agency participating in the interagency committee.
Results: Defeated 2-7.
Vote by members: McGovern--Nay; Cardoza--Nay; Arcuri--Nay;
Perlmutter--Nay; Pingree--Nay; Polis--Nay; Dreier--Yea; Foxx--
Yea; Slaughter--Nay.
SUMMARY OF AMENDMENTS TO BE MADE IN ORDER
1. Gordon (TN) Would require that the National Water
Research Development Plan specified in the bill be revised and
resubmitted to Congress every 4 years after its initial
submission. Also, it would authorize appropriations of $2
million for each of fiscal years 2013 and 2014. It also would
(1) require review of measures related to abating water quality
impairment, (2) require the committee to work with institutions
of higher education, (3) require cooperation with commercial
end users, (4) require relevant information be posted on a
public website, and (5) require research into watershed
hydrology. It would require that the plan include a focus on
the (1) development of the effect of invasive species on water
supplies, (2) development of technologies to treat eutrophic
water bodies, (3) development of a program to assist state and
local regions regarding land conservation, (4) improvement of
understanding of chemical impairments to water supply and
quality, and (5) identification of whether a need exists for
additional water research facilities. It requires the Director
of the Office of Science and Technology Policy to write to
Congress and evaluate the budget as it relates to water
research. It expresses the sense of Congress that the
interagency committee should collaborate with public
institutions of higher education. It requires the EPA to
establish a pilot program exploring the use of energy audits of
water-related infrastructure to identify energy and water
saving opportunities. (40 minutes)
2. Kosmas (FL)/Driehaus (OH) Would direct agencies under
the interagency committee to assess the impact of natural
disasters, such as floods, hurricanes, and tornadoes on water
resources. (10 minutes)
3. Hastings, Doc (WA) Would add to the water research and
development plan an assessment of potential water storage
projects that would enhance water supply, water planning, and
other beneficial uses. (10 minutes)
4. Cardoza (CA) Would direct the Secretary of the Interior
and the National Academy of Science to study the impact of
changes to snow pack, including snow pack in the Sierra
Nevadas, on water resources and its relation to water supply,
including the Sacramento-San Joaquin Delta. (10 minutes)
5. Brown-Waite (FL) Would require agencies included in the
interagency committee to work on improvement of understanding
of water-intensive sectors of the economy and industrial needs
for water. (10 minutes)
6. Arcuri, Michael (NY) Would require the plan to include
improvement of understanding of competing water supply uses and
how different uses interact with and impact each other. (10
minutes)
7. Kirk (IL)/Quigley, Mike (IL) Would add to the plan a
direction that agencies included in the interagency committee
work to achieve projection of the 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. (10 minutes)
8. Teague, Harry (NM) Would require that the plan's
analysis of the energy required to provide reliable water
supplies and the water required for the production of
alternative and renewable energy resources. (10 minutes)
9. Roskam (IL) Would require GAO to study whether any of
the requirements of the underlying legislation are duplicative
of existing programs. Prior to implementation of the bill, the
President will, based upon the GAO report, determine whether
the programs are duplicative or not. If the President differs
in his determination from the GAO conclusions, he must offer a
justification for his determination. The effective date is
delayed until the President has made that determination. (10
minutes)
10. Blumenauer (OR) Would create a wastewater and
stormwater reuse and recycling technology demonstration program
within the Environmental Protection Agency. Under the program,
the Assistant Administrator for Research and Development would
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. (10 minutes)
11. Shadegg (AZ) Would require the interagency committee to
identify and recommend against duplication of Federal water-
related research, development, and technological innovation
activities by more than one agency or program. It also would
require the President to ensure that Federal agencies do not
request appropriations for activities duplicated by state,
local, and tribal governments. (10 minutes)
12. Moore, Gwen (WI) Would require the interagency
committee to assess the role of Federal water research funding
in helping to develop the next generation of scientists and
engineers at institutions of higher education. (10 minutes)
TEXT OF AMENDMENTS TO BE MADE IN ORDER UNDER THE RULE
1. An amendment To Be Offered By Representative Gordon of Tennessee, or
His Designee, Debatable for 40 Minutes
Page 2, line 10, strike ``use,'' and insert ``use,
quality,''.
Page 2, beginning on line 12, strike ``efficiency and
conservation'' and insert ``efficiency, conservation, and
measures to abate water quality impairment''.
Page 2, line 24, strike ``supply,'' and insert ``supply and
water quality,''.
Page 3, line 20, strike ``with'' and insert ``with
institutions of higher education,''.
Page 3, line 22, strike ``and'' and insert ``water resources
managers, commercial end users, and''.
Page 4, after line 6, insert the following (and redesignate
subsequent provisions accordingly):
(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;
Page 5, line 13, strike ``and others'' and insert ``public-
private collaborations, commercial end users, and others''.
Page 5, line 16, strike ``public'' and insert ``public,
including through a publicly accessible website,''.
Page 7, line 10, strike ``period'' and insert ``period as
noticed on the Office's website''.
Page 7, line 14, strike the period at the end and insert the
following: ``and revised and resubmitted every 4 years
thereafter.''
Page 8, line 2, strike the period at the end and insert the
following: ``and technologies, including techniques and
technologies that provide publicly generated data useful to
water managers.''
Page 8, line 21, strike the period at the end and insert the
following: ``, including spatial and temporal variation in
natural supply, watershed hydrology, human and ecological
demand, and infrastructure.''
Page 9, after line 17, insert the following:
(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.
Page 10, after line 5, insert the following:
(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).
Page 10, line 7, strike ``The'' and insert the following:
(a) In General.--The
Page 10, after line 9, insert the following:
(b) Sense of Congress.--It is the sense of Congress that the
interagency committee should collaborate with public
institutions of higher education whenever possible.
Page 10, line 18, strike the period at the end and insert the
following: ``and the indicators used to measure such
progress.''
Page 12, after line 6, insert the following (and redesignate
subsequent provisions accordingly):
SEC. 8. 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. 9. 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.
Page 12, line 13, strike ``and'' after the semicolon.
Page 12, line 14, strike the period at the end and insert a
semicolon.
Page 12, after line 14, insert the following:
(4) $2,000,000 for fiscal year 2013; and
(5) $2,000,000 for fiscal year 2014
----------
2. An Amendment To Be Offered By Representative Kosmas of Florida, or
Her Designee, Debatable for 10 Minutes
At the end of section 2(d) of the bill, add the following
(with the correct sequential provision designations [replacing
numbers currently shown for such designations]):
(15) Assessment of the impacts of natural disasters,
including floods, hurricanes, and tornadoes, on water
resources.
----------
3. An Amendment To Be Offered by Representative Hastings of Washington,
or His Designee, Debatable for 10 Minutes
In section 2(d), add at the end the following new paragraph:
(15) Assessment of potential water storage projects
that would enhance water supply, water planning, and
other beneficial uses.
----------
4. An Amendment To Be Offered by Representative Cardoza of California,
or His Designee, Debatable for 10 Minutes
At the end of the bill, add the following new section:
SEC. 9. 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.
----------
5. An Amendment To Be Offered by Representative Brown-Waite of Florida,
or Her Designee, Debatable for 10 Minutes
At the end of section 2(d) of the bill, add the following
(with the correct sequential provision designations [replacing
numbers currently shown for such designations]):
(15) Improvement of understanding of water-intensive
sectors of the economy and industrial needs for water.
----------
6. An Amendment To Be Offered by Representative Arcuri of New York, or
His Designee, Debatable for 10 Minutes
At the end of section 2(d) of the bill, add the following
(with the correct sequential provision designations [replacing
numbers currently shown for such designations]):
(15) Improvement of understanding of competing water
supply uses and how different uses interact with and
impact each other.
----------
7. An Amendment To Be Offered by Representative Kirk of Illinois, or
His Designee, Debatable for 10 Minutes
At the end of section 2(d) of the bill, add the following
(with the correct sequential provision designations [replacing
numbers currently shown for such designations]):
(15) 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.
----------
8. An Amendment To Be Offered by Representative Teague of New Mexico,
or His Designee, Debatable for 10 Minutes
Page 8, line 25, strike the period at the end and insert the
following: ``, including analyses of the amount, proximity, and
type of water required for the production of alternative and
renewable energy resources.''
----------
9. An Amendment To Be Offered by Representative Roskam of Illinois, or
His Designee, Debatable for 10 Minutes
At the end of the bill, add the following new section:
SEC. 9. GAO STUDY AND EFFECTIVE DATE.
(a) Study.--The Government Accountability Office shall
conduct a study, and prepare a report, on whether the
requirements of this Act are duplicative of existing programs
that provide for water research, development, demonstration,
data collection and dissemination, education, and technology
transfer activities regarding changes in water use, supply, and
demand in the United States, including an analysis of the State
Water Resources Research Institute Program (authorized by
section 104 of the Water Resources Research Act of 1984, and
organized as the National Institutes for Water Resources), the
United States Global Change Research Program, and subtitle F of
title IX of the Omnibus Public Land Management Act of 2009
(Public Law 111-11).
(b) Presidential Determination.--
(1) In general.--The President shall determine
whether the contents of the report prepared under
subsection (a)--
(A) support the implementation of sections 1
through 8 of this Act; or
(B) support a conclusion that such sections
should not take effect.
(2) Justification.--If the President makes a
determination under paragraph (1) that differs from the
recommendations of the Government Accountability
Office, the President shall provide a justification for
the difference.
(c) Effective Date.--Sections 1 through 8 of this Act shall
not take effect unless the President has made an affirmative
determination under subsection (b)(1)(A).
----------
10. An Amendment To Be Offered by Representative Blumenauer of Oregon,
or His Designee, Debatable for 10 Minutes
Insert after section 7 the following (and redesignate
subsequent provisions accordingly):
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.
----------
11. An Amendment To Be Offered by Representative Shadegg of Arizona, or
His Designee, Debatable for 10 Minutes
Page 3, after line 17, insert the following (and correct
sequential provision designations accordingly):
(D) identify Federal water-related research,
development, and technological innovation
activities that are duplicated by more than one
Federal agency or program and make
recommendations to the President on how to
avoid such duplication;
Page 6, line 22, insert the following (and correct sequential
provision designations accordingly):
(C) identify Federal water-related research,
development, and technological innovation
activities that are duplicative of such
activities occurring at the State, local, and
tribal government level;
Page 10, after line 5, insert the following:
(c) Elimination of Duplicative Efforts.--The President, in
carrying out the activities under subsections (a) and (b),
shall ensure that each Federal agency participating in the
Initiative shall not request appropriations for activities
identified under section 2(c)(2)(C).
----------
12. An Amendment To Be Offered by Representative Moore of Wisconsin, or
Her Designee, Debatable for 10 Minutes
Page 4, line 11, strike ``and''.
Page 4, line 24, strike the period at the end and insert ``;
and''.
Page 4, after line 24, insert the following:
(H) assess the role of Federal water research
funding in helping to develop the next
generation of scientists and engineers at
institutions of higher education.