In this task, you are given text for US Congressional and California state bills, your task is to generate a summary for this bill.

Q: SECTION 1. SHORT TITLE.

    This Act may be cited as the ``American Fisheries Advisory 
Committee Act''.

SEC. 2. AMERICAN FISHERIES ADVISORY COMMITTEE.

    (a) Establishment.--Section 2 of the Act of August 11, 1939 (15 
U.S.C. 713c-3), is amended by adding at the end the following:
    ``(f) American Fisheries Advisory Committee.--
            ``(1) Definitions.--In this subsection:
                    ``(A) Committee.--The term `Committee' means the 
                American Fisheries Advisory Committee established under 
                paragraph (2).
                    ``(B) Marketing and promotion.--The term `marketing 
                and promotion' means an activity aimed at encouraging 
                the consumption of seafood or expanding or maintaining 
                commercial markets for seafood.
                    ``(C) Processor.--The term `processor' means any 
                person in the business of preparing or packaging 
                seafood (including seafood of the processor's own 
                harvesting) for sale.
                    ``(D) Seafood.--The term `seafood' means farm-
                raised and wild-caught fish or shellfish harvested in 
                the United States or by a United States flagged vessel 
                for human consumption.
                    ``(E) Seafood industry.--The term `seafood 
                industry' means harvesters, marketers, growers, 
                processors, and persons providing them with goods and 
                services.
            ``(2) Establishment.--Not later than 90 days after the date 
        of the enactment of the American Fisheries Advisory Committee 
        Act, the Secretary shall establish five regions within the 
        American Fisheries Advisory Committee as follows:
                    ``(A) Region 1 shall consist of Alaska, Hawaii, the 
                Commonwealth of the Northern Mariana Islands, and the 
                territories of Guam and American Samoa.
                    ``(B) Region 2 shall consist of Maine, New 
                Hampshire, Massachusetts, Rhode Island, Connecticut, 
                New York, Michigan, Minnesota, Wisconsin, Illinois, 
                Indiana, Ohio, and Pennsylvania.
                    ``(C) Region 3 shall consist of Texas, Alabama, 
                Louisiana, Mississippi, Florida, Puerto Rico, and the 
                territory of the Virgin Islands.
                    ``(D) Region 4 shall consist of California, 
                Washington, Oregon, and Idaho.
                    ``(E) Region 5 shall consist of New Jersey, 
                Delaware, Maryland, Virginia, North Carolina, South 
                Carolina, and Georgia.
            ``(3) Membership.--The Committee shall be composed of the 
        following members:
                    ``(A) Regional representation.--Each of the regions 
                listed in subparagraphs (A) through (E) of paragraph 
                (2) shall be represented on the Committee by two 
                members--
                            ``(i) who are appointed by the Secretary;
                            ``(ii) who reside in a State or territory 
                        in the region that the member will represent;
                            ``(iii) of which--
                                    ``(I) one shall have experience as 
                                a seafood harvester; and
                                    ``(II) one shall have experience as 
                                a processor; and
                            ``(iv) that are selected so that the 
                        members of the Committee have experience or 
                        expertise with as many seafood species as 
                        practicable.
                    ``(B) At-large members.--The Secretary shall 
                appoint to the Committee at-large members to ensure 
                that the Committee fairly reflects the expertise and 
                interest of the seafood industry located in each 
                region, as follows:
                            ``(i) One individual with experience in 
                        mass market food distribution.
                            ``(ii) One individual with experience in 
                        mass market food retail or food service.
                            ``(iii) One individual with experience in 
                        the marketing of seafood.
                            ``(iv) One individual with experience in 
                        growing seafood.
                            ``(v) One individual who is an employee of 
                        the National Marine Fisheries Service with 
                        expertise in fisheries research.
            ``(4) Member terms.--The term for a member of the Committee 
        shall be three years, except that the Secretary shall designate 
        staggered terms for the members initially appointed to the 
        Committee.
            ``(5) Responsibilities.--The Committee shall be responsible 
        for--
                    ``(A) identifying needs of the seafood industry 
                that may be addressed by a project funded with a grant 
                under subsection (c);
                    ``(B) developing the request for proposals for such 
                grants;
                    ``(C) reviewing applications for such grants; and
                    ``(D) selecting applications for approval under 
                subsection (c)(2)(B).
            ``(6) Chair.--The Committee shall elect a chair by a 
        majority of those voting, if a quorum is present.
            ``(7) Quorum.--A simple majority of members of the 
        Committee shall constitute a quorum, but a lesser number may 
        hold hearings.
            ``(8) Meetings.--
                    ``(A) Frequency.--The Committee shall meet not more 
                than two times each year.
                    ``(B) Location.--The meetings of the Committee 
                shall rotate between the geographic regions described 
                under paragraph (2).
                    ``(C) Federal advisory committee act.--The Federal 
                Advisory Committee Act (5 U.S.C. App.) shall not apply 
                to the Committee.
            ``(9) Staff.--The Committee may employ staff as necessary 
        without regard to the provisions of title 5, United States 
        Code.
            ``(10) Per diem and expenses and funding.--
                    ``(A) In general.--A member of the Committee shall 
                serve without compensation, but shall be reimbursed in 
                accordance with section 5703 of title 5, United States 
                Code, for reasonable travel costs and expenses incurred 
                in performing duties as a member of the Committee.
                    ``(B) Funding.--The reimbursements made under 
                subparagraph (A) shall be paid with the funds made 
                available for grants under subsection (c).
            ``(11) Conflict of interest.--The conflict of interest and 
        recusal provisions set out in section 302(j) of the Magnuson-
        Stevens Fishery Conservation and Management Act (16 U.S.C. 
        1852(j)) shall apply to any decision by the Committee and to 
        all members of the Committee as if each member of the Committee 
        is an affected individual within the meaning of such section 
        302(j), except that in addition to the disclosure requirements 
        of section 302(j)(2)(C) of such Act (16 U.S.C. 1852(j)(2)(C)), 
        each member of the Committee shall disclose any financial 
        interest or relationship in an organization or with an 
        individual that is applying for a grant under subsection (c) 
        held by the member of the Committee, including an interest as 
        an officer, director, trustee, partner, employee, contractor, 
        agent, or other representative.''.
    (b) Role in Approval of Grants.--Section 2(c)(3) of the Act of 
August 11, 1939 (15 U.S.C. 713c-3(c)(3)), is amended to read as 
follows:
    ``(3) No application for a grant under this subsection may be 
approved unless--
            ``(A) the Secretary is satisfied that the applicant has the 
        requisite technical and financial capability to carry out the 
        project; and
            ``(B) the application is selected for funding by the 
        American Fisheries Advisory Committee under subsection (f).''.

A: American Fisheries Advisory Committee Act This bill amends the Saltonstall-Kennedy Act to direct the National Oceanic and Atmospheric Administration (NOAA)to establish the American Fisheries Advisory Committee. NOAA must establish five regions within the committee.The committee must consist of members chosen regionally and across all sectors of the fishing industry.Additionally, the committee must: (1)identify the needs of the fishing industry, (2)develop grant proposals to fund projects that address the industry needs, (3)review grant applications, and (4)provide NOAA with grant applicants for approval. NOAA must not approve a grant application unless the application is selected for funding by the committee.
****
Q: SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Flexibility for Individual 
Excellence in Education Act of 2007''.

SEC. 2. MODIFICATION TO AMENDMENTS MADE BY NO CHILD LEFT BEHIND ACT OF 
              2001.

    (a) Modifications to Highly Qualified Teacher Standard.--
            (1) Middle or secondary teachers new to profession may use 
        college minor.--Subclause (II) of section 9101(23)(B)(ii) of 
        the Elementary and Secondary School Act of 1965 (20 U.S.C. 
        7801(23)(B)(ii)) is amended by inserting ``or minor'' after 
        ``academic major''.
            (2) Extent time teaching is considered.--Subclause (V) of 
        section 9101(23)(C)(ii) of such Act (20 U.S.C. 7801(23)(C)(ii)) 
        is amended by striking ``not be based primarily on'' and 
        inserting ``not be based solely on''.
    (b) Extension Until 2011-12 School Year for Rural Schools To Meet 
All Highly Qualified Teacher Standards; Additional $50 Million 
Authorized To Help Rural Schools Meet Standards.--
            (1) Extension.--Subsection (a) of section 1119 of the 
        Elementary and Secondary Education Act of 1965 (20 U.S.C. 6319) 
        is amended by adding at the end the following new paragraph:
            ``(4) Rural school districts.--
                    ``(A) In general.--Notwithstanding the deadline 
                described in paragraphs (2) and (3), a plan developed 
                by a State educational agency or a local educational 
                agency under this subsection shall ensure that all 
                teachers who are described in such paragraphs, but are 
                teaching in a rural school district, are highly 
                qualified not later than the end of the 2011-2012 
                school year.
                    ``(B) Definition.--For purposes of this paragraph, 
                the term `rural school district' means a local 
                educational agency that--
                            ``(i) meets the eligibility criteria 
                        described in section 6211(b), including by 
                        obtaining a waiver under paragraph (2) of such 
                        section; and
                            ``(ii) employs a percentage of teachers who 
                        are not highly qualified that is higher than 
                        the corresponding percentage for the State 
                        involved.''.
            (2) Additional funding.--Section 6234 of the Elementary and 
        Secondary Education Act of 1965 (20 U.S.C. 7355c) is amended--
                    (A) by striking ``There are'' and inserting ``(a) 
                In General.--There are''; and
                    (B) by adding at the end the following new 
                subsection:
    ``(b) Additional Funding.--For the purpose of making grants under 
subpart 2 to be used for teacher recruitment, retention, and 
professional development activities described in section 6222(a) in 
rural school districts (as defined in section 1119(a)(4)), there are 
authorized to be appropriated $50,000,000 for fiscal year 2008 and such 
sums as may be necessary for each of the 4 following fiscal years. Such 
authorization shall be in addition to the authorization in subsection 
(a).''.
    (c) Highly Qualified Teacher Rules Limited to Teachers of Core 
Subjects.--
            (1) Title I of the Elementary and Secondary Education Act 
        of 1965 is amended by adding at the end the following new 
        section:

``SEC. 1005. HIGHLY QUALIFIED TEACHER CONCEPT LIMITED TO TEACHERS OF 
              CORE SUBJECTS.

    ``Notwithstanding any other provision of this Act, any reference in 
this Act to highly qualified teachers shall be deemed to refer only to 
teachers in core subjects.''.
            (2) The table of contents of such Act is amended by 
        inserting after the item relating to section 1004 the following 
        new item:

``Sec. 1005. Highly qualified teacher concept limited to teachers of 
                            core subjects.''.
    (d) Students With Disabilities Assessed at the Level of Instruction 
in Compliance With Their Individualized Education Plan.--Clause (ix) of 
section 1111(b)(3)(C) of the Elementary and Secondary Education Act of 
1965 (20 U.S.C. 6311(b)(3)(C)) is amended by striking ``and'' at the 
end of subclause (II), by adding ``and'' at the end of subclause (III), 
and by adding at the end the following new subclause:
                                    ``(IV) at the discretion of the 
                                State, the assessment of students with 
                                disabilities (as defined in section 
                                602(3) of the Individuals with 
                                Disabilities Education Act) whose 
                                instructional level in the core 
                                academic subjects is below the grade 
                                level in which the student is enrolled, 
                                by using the State assessment 
                                determined by the student's 
                                individualized education program team 
                                (as described in section 614(d)(1)(B) 
                                of such Act) to most closely correspond 
                                to the student's instructional 
                                level;''.
    (e) Use of Growth Models and Multiple Measures in Determining 
Adequate Yearly Progress.--
            (1) Growth models.--Clause (iii) of section 1111(b)(2)(C) 
        of the Elementary and Secondary Education Act of 1965 (20 
        U.S.C. 6311(b)(2)(C)) is amended by striking ``for all 
        students'' and inserting ``for all students, as demonstrated by 
        measures of students' progress toward proficiency, including 
        longitudinal growth''.
            (2) Multiple measures.--Subparagraph (A) of section 
        1111(b)(2) of the Elementary and Secondary Education Act of 
        1965 (20 U.S.C. 6311(b)(2)) is amended by striking ``and'' at 
        the end of clause (ii), by striking the period at the end of 
        clause (iii) and inserting ``; and'', and by adding at the end 
        the following new clause:
                            ``(iv) include multiple measures of student 
                        academic achievement, such as the proportion of 
                        State report card indicators met, a performance 
                        index score, student drop-out rate, and a 
                        measure based on individual student achievement 
                        gains over time, disaggregated by each of the 
                        groups of students described in subparagraph 
                        (C)(v).''.
    (f) Adequate Yearly Progress Determined by Group and Subject.--
            (1) Identification of schools in need of improvement.--
                    (A) Subparagraph (A) of section 1116(b)(1) of the 
                Elementary and Secondary Education Act of 1965 (20 
                U.S.C. 6316(b)(1)) is amended by striking ``that 
                fails'' and inserting ``if the same group of students 
                described in section 1111(b)(2)(C)(v) fails in the same 
                academic subject''.
                    (B) Subparagraph (C) of such section is amended by 
                striking ``almost every student in each group specified 
                in section 1111(b)(2)(C)(v) enrolled in such school is 
                meeting or exceeding the State's proficient level of 
                academic achievement'' and inserting ``almost every 
                student in each group enrolled in such school for which 
                there is such a failure in an academic subject is 
                meeting or exceeding the State's proficient level of 
                academic achievement in such subject''.
            (2) Failure to make adequate yearly progress during first 
        year after identification.--So much of the text of paragraph 
        (5) of section 1116(b) of such Act as precedes subparagraph (A) 
        is amended to read as follows: ``If, by the end of the first 
        full school year after identification under paragraph (1) of a 
        school served under this part, any group of students that met 
        the requirements for such identification in an academic subject 
        fails to make adequate yearly progress in such subject, as set 
        out in the State's plan under section 1111(b)(2), the local 
        educational agency serving such school--''.
            (3) Failure to make adequate yearly progress during second 
        year after identification.--So much of the text of subparagraph 
        (C) of section 1116(b)(7) of such Act as precedes clause (i) is 
        amended to read as follows: ``If, by the end of the second full 
        school year after identification under paragraph (1) of a 
        school served under this part, any group of students that met 
        the requirements for such identification in an academic subject 
        fails to make adequate yearly progress in such subject, as set 
        out in the State's plan under section 1111(b)(2), the local 
        educational agency shall--''.
            (4) Failure to make adequate yearly progress during first 
        year after corrective action.--So much of the text of 
        subparagraph (A) of section 1116(b)(8) of such Act as precedes 
        clause (i) is amended to read as follows: ``If, after 1 full 
        year of corrective action under paragraph (7), any group of 
        students (at the school subject to such corrective action) that 
        met the requirements for identification under paragraph (1) in 
        an academic subject continues to fail to make adequate yearly 
        progress in such subject, then the local educational agency 
        shall--''.
    (g) Needs Improvement Label To Be Group and Subject Specific.--
Subparagraph (A) of section 1116(b)(1) of the Elementary and Secondary 
Education Act of 1965 (20 U.S.C. 6316(b)(1)) is amended by adding at 
the end the following new sentence: ``Such identification shall apply 
only to each group and subject with respect to which there is such a 
failure.''
    (h) Parental Notification of Needs Improvement To Be Group and 
Subject Specific.--Paragraph (6) of section 1116(b) of the Elementary 
and Secondary Education Act of 1965 (20 U.S.C. 6316(b)) is amended by 
striking ``of each student enrolled in an elementary school or a 
secondary school identified for school improvement under paragraph 
(1)'' and inserting ``of each student in each group of students that 
met the requirements for identification in an academic subject under 
paragraph (1)''.
    (i) Transfer Option and Supplemental Services Limited to Students 
From Failing Groups.--
            (1) Clause (i) of section 1116(b)(1)(E) of the Elementary 
        and Secondary Education Act of 1965 (20 U.S.C. 6316(b)(1)(E)) 
        is amended by inserting ``in each group described in section 
        1111(b)(2)(C)(v) that met the requirements for such 
        identification'' after ``all students''.
            (2) Paragraphs (5)(A), (7)(C)(i), and (8)(A)(i) of section 
        1116(b) of such Act are each amended by inserting ``in such 
        group'' after ``all students''.
    (j) Local Educational Agencies May Choose To Offer Supplemental 
Educational Services, and Not Public School Choice, on Initial Failure 
To Make Adequate Yearly Progress.--
            (1) In general.--Subparagraph (E) of section 1116(b)(1) of 
        the Elementary and Secondary Education Act of 1965 (20 U.S.C. 
        6316(b)(1)) is amended to read as follows:
                    ``(E) Public school choice or supplemental 
                educational services.--In the case of a school 
                identified for school improvement under this paragraph, 
                the local educational agency shall, not later than the 
                first day of the school year following such 
                identification--
                            ``(i) provide all students in each group 
                        described in section 1111(b)(2)(C)(v) that met 
                        the requirements for such identification (and 
                        who are enrolled in the school) with the option 
                        to transfer to another public school served by 
                        the local educational agency, which may include 
                        a public charter school, that has not been 
                        identified for school improvement under this 
                        paragraph, unless such an option is prohibited 
                        by State law, or
                            ``(ii) make supplemental educational 
                        services available consistent with subsection 
                        (e)(1) to students in such group in the 
                        academic subject to which such identification 
                        relates.
                If more than 1 school served by such agency is 
                identified for school improvement under this paragraph 
                or more than 1 group of students meets the requirements 
                for such identification, such agency shall make the 
                same choice under clause (i) or (ii) for all such 
                schools and all such groups.''.
            (2) Conforming amendment.--Paragraph (5) of section 1116(b) 
        of such Act is amended to read as follows:
            ``(5) Failure to make adequate yearly progress after 
        identification.--If, by the end of the first full school year 
        after identification under paragraph (1) of a school served 
        under this part, any group of students that met the 
        requirements for such identification in an academic subject 
        fails to make adequate yearly progress in such subject, as set 
        out in the State's plan under section 1111(b)(2), the local 
        educational agency serving such school--
                    ``(A) shall continue to provide the transfer option 
                under clause (i) of paragraph (1)(E) or to make the 
                supplemental educational services available under 
                clause (ii) of such paragraph, whichever was chosen by 
                such agency,
                    ``(B) shall provide the transfer option under such 
                clause (i) or to make the supplemental educational 
                services available under such clause (ii), whichever 
                was not chosen by such agency under such paragraph; and
                    ``(C) shall continue to provide technical 
                assistance.''.

A: Flexibility for Individual Excellence in Education Act of 2007 - Amends the Elementary and Secondary Education Act of 1965 to alter the requirement that teachers be highly qualified by: (1) applying it only to teachers of core subjects; (2) allowing new middle or secondary school teachers to teach subjects for which they earned a college minor; (3) allowing greater consideration to be given to the time experienced teachers have spent teaching a subject; and (4) extending the deadline for rural teachers to meet such requirements.

Provides additional funding for rural teacher recruitment, retention, and professional development activities.

Allows state determinations of students' adequate yearly progress (AYP) toward state academic performance standards to: (1) assess disabled students at the instructional level most closely corresponding to their individualized education plans; and (2) use growth models and multiple measures of student achievement.

Requires local educational agencies (LEAs) to identify schools as needing improvement, corrective action, or restructuring only if they fail to make AYP in the same subject for the same group of students over the requisite period of time. Provides school transfers and supplemental services to students in the failing group, rather than to all students in an affected school. Gives LEAs the option of providing such students with supplemental services rather than transfers for the year following a school's identification as needing improvement.
****
Q: SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Water Advanced Technologies for 
Efficient Resource Use Act of 2009''.

SEC. 2. WATERSENSE.

    (a) In General.--There is established within the Environmental 
Protection Agency a WaterSense program to identify and promote water 
efficient products, buildings and landscapes, and services in order--
            (1) to reduce water use;
            (2) to reduce the strain on water, wastewater, and 
        stormwater infrastructure;
            (3) to conserve energy used to pump, heat, transport, and 
        treat water; and
            (4) to preserve water resources for future generations,
through voluntary labeling of, or other forms of communications about, 
products, buildings and landscapes, and services that meet the highest 
water efficiency and performance standards.
    (b) Duties.--The Administrator of the Environmental Protection 
Agency shall--
            (1) promote WaterSense labeled products, buildings and 
        landscapes, and services in the market place as the preferred 
        technologies and services for--
                    (A) reducing water use; and
                    (B) ensuring product and service performance;
            (2) work to enhance public awareness of the WaterSense 
        label through public outreach, education, and other means;
            (3) establish and maintain performance standards so that 
        products, buildings and landscapes, and services labeled with 
        the WaterSense label perform as well or better than their less 
        efficient counterparts;
            (4) publicize the importance of proper installation of 
        WaterSense plumbing products by a WaterSense-certified or, if 
        WaterSense certification guidelines do not exist, licensed 
        plumber or mechanical contractor, and the installation, 
        maintenance, and audit of WaterSense irrigation systems by a 
        WaterSense-certified irrigation professional to ensure optimal 
        performance;
            (5) preserve the integrity of the WaterSense label;
            (6) regularly review and, when appropriate, update 
        WaterSense criteria for categories of products, buildings and 
        landscapes, and services, at least once every four years;
            (7) regularly collect and make available to the public 
        summary data on the production and relative market shares of 
        WaterSense labeled products, buildings and landscapes, and 
        services, at least annually;
            (8) regularly estimate and make available to the public the 
        water and energy savings attributable to the use of WaterSense 
        labeled products, buildings and landscapes, and services, at 
        least annually;
            (9) solicit comments from interested parties and the public 
        prior to establishing or revising a WaterSense category, 
        specification, installation criterion, or other criterion (or 
        prior to effective dates for any such category, specification, 
        installation criterion, or other criterion);
            (10) provide reasonable notice to interested parties and 
        the public of any changes (including effective dates), on the 
        adoption of a new or revised category, specification, 
        installation criterion, or other criterion, along with--
                    (A) an explanation of changes; and
                    (B) as appropriate, responses to comments submitted 
                by interested parties;
            (11) provide appropriate lead time (as determined by the 
        Administrator) prior to the applicable effective date for a new 
        or significant revision to a category, specification, 
        installation criterion, or other criterion, taking into account 
        the timing requirements of the manufacturing, marketing, 
        training, and distribution process for the specific product, 
        building and landscape, or service category addressed; and
            (12) identify and, where appropriate, implement other 
        voluntary approaches, such as labeling waterless devices that 
        perform the same function as a water consuming product or 
        encouraging reuse, reclamation, and recycling technologies, in 
        commercial, institutional, residential, municipal, and 
        industrial sectors to improve water efficiency or lower water 
        use while meeting the performance standards established under 
        paragraph (3).
    (c) Authorization of Appropriations.--There are authorized to be 
appropriated $7,500,000 for fiscal year 2010, $10,000,000 for fiscal 
year 2011, $20,000,000 for fiscal year 2012, and $50,000,000 for fiscal 
year 2013 and each year thereafter, adjusted for inflation, to carry 
out this section.

SEC. 3. FEDERAL PROCUREMENT OF WATER EFFICIENT PRODUCTS.

    (a) Definitions.--In this section:
            (1) Agency.--The term ``agency'' has the meaning given that 
        term in section 7902(a) of title 5, United States Code.
            (2) Watersense product or service.--The term ``WaterSense 
        product or service'' means a product or service that is rated 
        for water efficiency under the WaterSense program.
            (3) Watersense program.--The term ``WaterSense program'' 
        means the program established by section 2 of this Act.
            (4) FEMP designated product.--The term ``FEMP designated 
        product'' means a product that is designated under the Federal 
        Energy Management Program of the Department of Energy as being 
        among the highest 25 percent of equivalent products for 
        efficiency.
            (5) Product and service.--The terms ``product'' and 
        ``service'' do not include any water consuming product or 
        service designed or procured for combat or combat-related 
        missions. The terms also exclude products or services already 
        covered by the Federal procurement regulations established 
        under section 553 of the National Energy Conservation Policy 
        Act (42 U.S.C. 8259b).
    (b) Procurement of Water Efficient Products.--
            (1) Requirement.--To meet the requirements of an agency for 
        a water consuming product or service, the head of the agency 
        shall, except as provided in paragraph (2), procure--
                    (A) a WaterSense product or service; or
                    (B) a FEMP designated product.
        A WaterSense plumbing product should preferably, when possible, 
        be installed by a WaterSense-certified or, if WaterSense 
        certification guidelines do not exist, licensed plumber or 
        mechanical contractor, and a WaterSense irrigation system 
        should preferably, when possible, be installed, maintained, and 
        audited by a WaterSense-certified irrigation professional to 
        ensure optimal performance.
            (2) Exceptions.--The head of an agency is not required to 
        procure a WaterSense product or service or FEMP designated 
        product under paragraph (1) if the head of the agency finds in 
        writing that--
                    (A) a WaterSense product or service or FEMP 
                designated product is not cost-effective over the life 
                of the product, taking current and future energy, 
                water, and wastewater cost savings into account; or
                    (B) no WaterSense product or service or FEMP 
                designated product is reasonably available that meets 
                the functional requirements of the agency.
            (3) Procurement planning.--The head of an agency shall 
        incorporate into the specifications for all procurements 
        involving water consuming products and systems, including guide 
        specifications, project specifications, and construction, 
        renovation, and services contracts that include provision of 
        water consuming products and systems, and into the factors for 
        the evaluation of offers received for the procurement, criteria 
        used for rating WaterSense products and services and FEMP 
        designated products. The head of an agency shall consider, to 
        the maximum extent practicable, additional measures for 
        reducing agency water consumption, including water reuse, 
        reclamation, and recycling technologies, leak detection and 
        repair, and use of waterless products that perform similar 
        functions to existing water-consuming products.
    (c) Listing of Water Efficient Products in Federal Catalogs.--
WaterSense products and services and FEMP designated products shall be 
clearly identified and prominently displayed in any inventory or 
listing of products by the General Services Administration or the 
Defense Logistics Agency. The General Services Administration and the 
Defense Logistics Agency shall supply only WaterSense products or FEMP 
designated products for all product categories covered by the 
WaterSense program or the Federal Energy Management Program, except in 
cases where the agency ordering a product specifies in writing that no 
WaterSense product or FEMP designated product is available to meet the 
buyer's functional requirements, or that no WaterSense product or FEMP 
designated product is cost-effective for the intended application over 
the life of the product, taking energy, water, and wastewater cost 
savings into account.
    (d) Regulations.--Not later than 180 days after the date of 
enactment of this Act, the Administrator of the Environmental 
Protection Agency shall issue regulations to carry out this section.

SEC. 4. EARLY ADOPTER WATER EFFICIENT PRODUCTS INCENTIVE PROGRAMS.

    (a) Definitions.--In this section:
            (1) Administrator.--The term ``Administrator'' means the 
        Administrator of the Environmental Protection Agency.
            (2) Eligible entity.--The term ``eligible entity'' means a 
        State government, local or county government, tribal 
        government, wastewater or sewage utility, municipal water 
        authority, energy utility, water utility, or nonprofit 
        organization that meets the requirements of subsection (b).
            (3) Incentive program.--The term ``incentive program'' 
        means a program for administering financial incentives for 
        consumer purchase and installation of residential water 
        efficient products and services as described in subsection 
        (b)(1).
            (4) Residential water efficient product or service.--The 
        term ``residential water efficient product or service'' means a 
        product or service for a single-family or multifamily residence 
        or its landscape that is rated for water efficiency and 
        performance--
                    (A) by the WaterSense program; or
                    (B) by an incentive program and approved by the 
                Administrator.
        Categories of water efficient products and services may include 
        faucets, irrigation technologies and services, point-of-use 
        water treatment devices, reuse, reclamation, and recycling 
        technologies, toilets, and showerheads.
            (5) Watersense program.--The term ``WaterSense program'' 
        means the program established by section 2 of this Act.
    (b) Eligible Entities.--An entity shall be eligible to receive an 
allocation under subsection (c) if the entity--
            (1) establishes (or has established) an incentive program 
        to provide rebates, vouchers, other financial incentives, or 
        direct installs to consumers for the purchase and installation 
        of residential water efficient products or services;
            (2) submits an application for the allocation at such time, 
        in such form, and containing such information as the 
        Administrator may require; and
            (3) provides assurances satisfactory to the Administrator 
        that the entity will use the allocation to supplement, but not 
        supplant, funds made available to carry out the incentive 
        program.
    (c) Amount of Allocations.--
            (1) In general.--Subject to paragraph (2), for each fiscal 
        year, the Administrator shall determine the amount to allocate 
        to each eligible entity to carry out subsection (d) taking into 
        consideration--
                    (A) the population served by the eligible entity in 
                the most recent calendar year for which data are 
                available;
                    (B) the targeted population of the eligible 
                entity's incentive program, such as general households, 
                low-income households, or first-time homeowners, and 
                the probable effectiveness of the incentive program for 
                that population;
                    (C) for existing programs, the effectiveness of the 
                incentive program in encouraging the adoption of water 
                efficient products and services; and
                    (D) any prior year's allocation to the eligible 
                entity that remains unused.
    (d) Use of Allocated Funds.--Funds allocated to an entity under 
subsection (c) may be used to pay up to 50 percent of the cost of 
establishing and carrying out an incentive program.
    (e) Fixture Recycling.--Entities are encouraged to promote or 
implement fixture recycling programs to manage the disposal of older 
fixtures replaced due to the incentive program under this section.
    (f) Issuance of Rebates.--Financial incentives may be provided to 
consumers that meet the requirements of the incentive program. The 
entity may issue all financial incentives directly to consumers or, 
with approval of the Administrator, delegate some or all financial 
incentive administration to other organizations including, but not 
limited to, local governments, municipal water authorities, and water 
utilities. The amount of a financial incentive shall be determined by 
the entity, taking into consideration--
            (1) the amount of the allocation to the entity under 
        subsection (c);
            (2) the amount of any Federal, State, or other 
        organization's tax or financial incentive available for the 
        purchase of the residential water efficient product or service;
            (3) the amount necessary to change consumer behavior to 
        purchase water efficient products and services; and
            (4) the consumer expenditures for onsite preparation, 
        assembly, and original installation of the product.
    (g) Authorization of Appropriations.--There are authorized to be 
appropriated to the Administrator to carry out this section $50,000,000 
for fiscal year 2010, $100,000,000 for fiscal year 2011, $150,000,000 
for fiscal year 2012, $100,000,000 for fiscal year 2013, and 
$50,000,000 for fiscal year 2014.

A:
Water Advanced Technologies for Efficient Resource Use Act of 2009 - Establishes within the Environmental Protection Agency (EPA) a WaterSense program to identify and promote water efficient products, buildings and landscapes, and services to reduce water use, conserve energy, and preserve water resources. Sets forth the duties of the EPA Administrator for promoting, publicizing, and administering the WaterSense program.

Requires federal agencies to purchase WaterSense products or services or a Federal Energy Management Program designated product through their procurement process.

Establishes a program to provide financial incentives for consumer purchase and installation of residential water efficient products and services.
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