[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 2658 Introduced in Senate (IS)]







108th CONGRESS
  2d Session
                                S. 2658

    To establish a Department of Energy National Laboratories water 
  technology research and development program, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             July 14, 2004

Mr. Domenici (for himself, Mrs. Feinstein, Mr. Craig, Mr. Bingaman, and 
  Mr. Durbin) introduced the following bill; which was read twice and 
       referred to the Committee on Environment and Public Works

_______________________________________________________________________

                                 A BILL


 
    To establish a Department of Energy National Laboratories water 
  technology research and development program, and for other purposes.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Department of Energy National 
Laboratories Water Technology Research and Development Act''.

SEC. 2. PURPOSE.

    The purpose of this Act is to establish within the Department of 
Energy a program for research on and the development of economically 
viable technologies that would--
            (1) substantially improve access to existing water 
        resources;
            (2) promote improved access to untapped water resources;
            (3) facilitate the widespread commercialization of newly 
        developed water supply technologies for use in real-world 
        applications;
            (4) provide objective analyses of, and propose changes to, 
        current water supply laws and policies relating to the 
        implementation and acceptance of new water supply technologies 
        developed under the program; and
            (5) facilitate collaboration among Federal agencies in the 
        conduct of research under this Act and otherwise provide for 
        the integration of research on, and disclosure of information 
        relating to, water supply technologies.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Advisory panel.--The term ``Advisory Panel'' means the 
        National Water Supply Technology Advisory Panel established 
        under section 5(a).
            (2) Institute.--The term ``Institute'' means the National 
        Water Supply Law and Policy Institute designated by section 
        8(a).
            (3) Program.--The term ``program'' means the National 
        Laboratories water technology research and development program 
        established under section 4(a).
            (4) Program coordinator.--The term ``Program Coordinator'' 
        means the individual appointed to administer the program under 
        section 4(c).
            (5) Regional center.--The term ``Regional Center'' means a 
        Regional Center designated under subsection (b) or (e) of 
        section 6.
            (6) Secretary.--The term ``Secretary'' means the Secretary 
        of Energy.
            (7) Water supply technology.--The term ``water supply 
        technology'' means a technology that is designed to improve 
        water quality, make more efficient use of existing water 
        resources, or develop potential water resources, including 
        technologies for--
                    (A) reducing water consumption in the production or 
                generation of energy;
                    (B) desalination and related concentrate disposal;
                    (C) water reuse;
                    (D) contaminant removal, such as toxics identified 
                by the Environmental Portection Agency and new and 
                emerging contaminants (including perchlorate and 
                nitrates);
                    (E) agriculture, industrial, and municipal 
                efficiency; and
                    (F) water monitoring and systems analysis.

SEC. 4. NATIONAL LABORATORIES WATER TECHNOLOGY RESEARCH AND DEVELOPMENT 
              PROGRAM.

    (a) Establishment.--The Secretary shall establish a National 
Laboratories water technology research and development program for 
research on, and the development and commercialization of, water supply 
technologies.
    (b) Program Lead Laboratory.--The program shall be carried out by 
the National Laboratories, with Sandia National Laboratory designated 
as the lead laboratory for the program.
    (c) Program Coordinator.--
            (1) In general.--The Secretary shall appoint an individual 
        at Sandia National Laboratory as the Program Coordinator to 
        administer the program.
            (2) Duties.--In carrying out the program, the Program 
        Coordinator shall--
                    (A) establish budgetary and contracting procedures 
                for the program;
                    (B) perform administrative duties relating to the 
                program;
                    (C) provide grants under section 7;
                    (D) conduct peer review of water supply technology 
                proposals and research results;
                    (E) establish procedures to determine which water 
                supply technologies would most improve water quality, 
                make the most efficient use of existing water 
                resources, and provide optimum development of potential 
                water resources;
                    (F) coordinate budgets for water supply technology 
                research at Regional Centers;
                    (G) coordinate research carried out under the 
                program, including research carried out by Regional 
                Centers;
                    (H) perform annual evaluations of research progress 
                made by grant recipients and Regional Centers;
                    (I) establish a water supply technology transfer 
                program to identify, and facilitate commercialization 
                of, promising water supply technologies, including 
                construction and implementation of demonstration 
                facilities, partnerships with industry consortia, and 
                collaboration with other Federal programs;
                    (J) establish procedures and criteria for the 
                Advisory Panel to use in reviewing Regional Center 
                performance;
                    (K) widely distribute information on the program, 
                including through research conferences; and
                    (L) implement cross-cutting research to develop 
                sensor and monitoring systems for water and energy 
                efficiency and management.

SEC. 5. NATIONAL WATER SUPPLY TECHNOLOGY ADVISORY PANEL.

    (a) Establishment.--The Secretary shall establish an advisory 
panel, to be known as the ``National Water Supply Technology Advisory 
Panel'', to advise the Program Coordinator on the direction of the 
program and facilitating the commercialization of the water supply 
technologies developed under the program.
    (b) Membership.--Members of the Advisory Panel shall--
            (1) have expertise in water supply technology; and
            (2) be representative of educational institutions, 
        industry, States, local government, international water 
technology institutions, other Federal agencies, and nongovernmental 
organizations.
    (c) Assessment Responsibilities.--In addition to other 
responsibilities, the Advisory Panel shall--
            (1) periodically assess the performance of the National 
        Laboratories and universities designated as Regional Centers 
        under section 6; and
            (2) make recommendations to the Secretary for renewing the 
        designation of Regional Centers.

SEC. 6. REGIONAL CENTERS.

    (a) In General.--A Regional Center shall--
            (1) consist of 1 National Laboratory designated under 
        subsection (b) or (e), acting in partnership with 1 or more 
        universities selected under subsection (c); and
            (2) be eligible for a grant under section 7(a) for the 
        conduct of research on the specific water supply technologies 
        identified under subsection (b) or (e).
    (b) Initial Regional Centers.--There are designated as Regional 
Centers--
            (1) the Northeast Regional Center, consisting of the 
        Brookhaven National Laboratory and any university partners 
        selected under subsection (c), which shall conduct research on 
        reducing water quality impacts from power plant outfall and 
        decentralized (soft-path) water treatment;
            (2) the Central Atlantic Regional Center, consisting of the 
        National Energy Technology Laboratory and any university 
        partners selected under subsection (c), which shall conduct 
        research on produced water purification and use for power 
        production and water reuse for large cities;
            (3) the Southeast Regional Center, consisting of the Oak 
        Ridge National Laboratory and any university partners selected 
        under subsection (c), which shall conduct research on--
                    (A) shallow aquifer conjunctive water use;
                    (B) energy reduction for sea water desalination; 
                and
                    (C) membrane technology development;
            (4) the Midwest Regional Center, consisting of the Argonne 
        National Laboratory and any university partners selected under 
        subsection (c), which shall conduct research on--
                    (A) water efficiency in manufacturing; and
                    (B) energy reduction in wastewater treatment;
            (5) the Central Regional Center, consisting of the Idaho 
        National Engineering and Environmental Laboratory and any 
        university partners selected under subsection (c), which shall 
        conduct research on--
                    (A) cogeneration of nuclear power and water;
                    (B) energy systems for pumping irrigation; and
                    (C) watershed management;
            (6) the West Regional Center, consisting of the Pacific 
        Northwest National Laboratory and any university partners 
        selected under subsection (c), which shall conduct research on 
        conjunctive management of hydropower and mining water reuse, 
        including separations processes;
            (7) the Southwest Regional Center, consisting of the Los 
        Alamos National Laboratory and any university partners selected 
        under subsection (c), which shall conduct research on--
                    (A) water for power production in arid 
                environments;
                    (B) energy reduction and waste disposal for 
                brackish desalination;
                    (C) high water and energy efficiency in arid 
                agriculture; and
                    (D) transboundary water management; and
            (8) the Pacific Regional Center, consisting of the Lawrence 
        Livermore National Laboratory and any university partners 
        selected under subsection (c), which shall conduct research 
        on--
                    (A) point of use technology, water treatment, and 
                conveyance energy reduction;
                    (B) co-located energy production and water 
                treatment; and
                    (C) water reuse for agriculture.
    (c) Selection of University Partners.--Not later than 180 days 
after the date on which a National Laboratory is designated under 
subsection (b) or (e), each National Laboratory, in consultation with 
the Program Coordinator and the Advisory Panel, shall select a primary 
university partner and may nominate additional university partners.
    (d) Operational Procedures.--Not later than 1 year after the date 
of enactment of this Act, a Regional Center designated by subsection 
(b) shall submit to the Program Coordinator operational procedures for 
the Regional Center.
    (e) Additional Regional Centers.--Subject to approval by the 
Advisory Panel, the Program Coordinator may, not sooner than 5 years 
after the date of enactment of this Act, designate not more than 4 
additional Regional Centers if the Program Coordinator determines that 
there are additional water supply technologies that need to be 
researched.
    (f) Period of Designation.--
            (1) In general.--A designation by subsection (b) or under 
        subsection (c) shall be for a period of 5 years.
            (2) Assessment.--A Regional Center shall be subject to 
        periodic assessments by the Program Coordinator in accordance 
        with procedures and criteria established under section 
        4(b)(2)(K)(i).
            (3) Renewal.--After the initial period under paragraph (1), 
        a designation may be renewed for subsequent 5-year periods by 
        the Program Coordinator in accordance with procedures and 
        criteria established under section 4(b)(2)(K)(ii).
            (4) Termination or nonrenewal.--
                    (A) In general.--Based on a periodic assessment 
                conducted under paragraph (2), in accordance with the 
                procedures and criteria established under section 
                4(b)(2)(K)(iii), and after review by the Advisory 
                Panel, the Program Coordinator may recommend that the 
                Secretary terminate or determine not to renew the 
                designation of a Regional Center.
                    (B) Termination.--Following a recommendation for 
                termination or nonrenewal by the Program Coordinator, 
                the Secretary may terminate or choose not to renew the 
                designation of a Regional Center.
    (g) Executive Director.--A Regional Center shall be administered by 
an executive director, subject to approval by the Program Coordinator.
    (h) Publication of Research Results.--A Regional Center shall 
periodically publish the results of any research carried out under the 
program in appropriate peer-reviewed journals.

SEC. 7. PROGRAM GRANTS.

    (a) Block Grants to Regional Centers.--
            (1) In general.--The Program Coordinator shall, subject to 
        the availability of appropriations, provide a block grant to a 
        Regional Center for the conduct of research in the specific 
        area identified for the Research Center under section 6(b).
            (2) Distribution.--Of the amounts made available to a 
        Regional Center under paragraph (1), 50 percent shall be 
        distributed to the university partners selected under section 
        6(c), in accordance with the operational procedures for the 
Regional Center developed under section 6(d).
            (3) Cost-sharing requirement.--A National Laboratory or 
        university partner that receives a grant provided under this 
        subsection shall not be subject to a cost-sharing requirement.
    (b) Grants to Collaborative Institutions.--
            (1) In general.--The Program Coordinator shall provide 
        competitive grants to eligible collaborative institutions for 
        water supply technology research, development, and 
        demonstration projects.
            (2) Eligible collaborative institutions.--The following are 
        eligible for grants under paragraph (1):
                    (A) Nongovernmental organizations.
                    (B) National Laboratories.
                    (C) Private corporations.
                    (D) Industry consortia.
                    (E) Universities or university consortia.
                    (F) International research consortia.
                    (G) Any other entity with expertise in the conduct 
                of research on water supply technologies.
            (3) Distribution.--Of the amounts made available for grants 
        under paragraph (1)--
                    (A) not less than 15 percent or more than 25 
                percent shall be provided as block grants to 
                nongovernmental organizations, which may be 
                redistributed by the nongovernmental organization to 
                individual projects;
                    (B) not less than 20 percent or more than 30 
                percent shall be provided to National Laboratories;
                    (C) not less than 15 percent or more than 25 
                percent shall be provided to support individual 
                projects that are recommended by at least 1 other 
                Federal Agency; and
                    (D) any amounts remaining after the distributions 
                under subparagraphs (A) through (C) may be provided to 
                support individual projects, as the Program Coordinator 
                determines to be appropriate.
            (4) Cost-sharing requirements.--
                    (A) Grants to nongovernmental organizations and 
                individual projects.--The non-Federal share of the 
                total cost of any project assisted under subparagraphs 
                (A) or (C) of paragraph (3) shall be 50 percent.
                    (B) Grants to national laboratories.--A National 
                Laboratory that receives a grant under paragraph (3)(B) 
                shall not be subject to a cost-sharing requirement.
                    (C) Grants to other entities.--The non-Federal 
                share of the total cost of any project assisted under 
                paragraph (3)(D) shall be 25 percent.
            (5) Term of grant.--
                    (A) In general.--Except as provided in subparagraph 
                (B), a grant provided under paragraph (1) shall be for 
                a term of 2 years.
                    (B) Renewal.--The Program Coordinator may renew a 
                grant for up to 2 additional years as the Program 
                Coordinator determines to be appropriate.
            (6) Treatment of funds.--Amounts received under a grant 
        provided to a non-Federal entity under this subsection shall be 
        considered to be non-Federal funds when used as matching funds 
        by the non-Federal entity toward a Federal cost-shared project 
        conducted under another program.
            (7) Criteria.--The Program Coordinator shall establish 
        criteria for the submission and review of grant applications 
        and the provision of grants under paragraph (1).

SEC. 8. NATIONAL WATER SUPPLY LAW AND POLICY INSTITUTE.

    (a) Designation.--The Utton Center at the University of New Mexico 
Law School is designated as the National Water Supply Law and Policy 
Institute.
    (b) Duties.--The Institute shall--
            (1) establish a database of existing water laws, 
        regulations, and policy;
            (2) provide legal, regulatory, and policy alternatives to 
        increase national and international water supplies;
            (3) consult with the Regional Centers, other participants 
        in the program (including States), and other interested 
        persons, on water law and policy and the effect of that policy 
        on the development and commercialization of water supply 
        technologies; and
            (4) conduct an annual water law and policy seminar to 
        provide information on research carried out or funded by the 
        Institute.
    (c) Partnerships.--The Institute may enter into partnerships with 
other institutions to assist in carrying out the duties of the 
Institute under subsection (b).
    (d) Executive Director.--The Institute shall be administered by an 
executive director, to be appointed by the dean of the University of 
New Mexico Law School, in consultation with the Program Coordinator.

SEC. 9. REPORTS.

    (a) Reports to Program Coordinator.--Any Regional Center, National 
Laboratory, or collaborative institution that receives a grant under 
section 7 shall submit to the Program Coordinator an annual report on 
activities carried out using amounts made available under this Act 
during the preceding fiscal year.
    (b) Report to Congress.--Not later than 3 years after the date of 
enactment of this Act and each year thereafter, the Program Coordinator 
shall submit to the Secretary and Congress a report that describes the 
activities carried out under this Act.

SEC. 10. AUTHORIZATION OF APPROPRIATIONS.

    (a) In General.--There are authorized to be appropriated to the 
Secretary for fiscal year 2005 and each subsequent fiscal year--
            (1) for the administration of the program by the Program 
        Coordinator and the construction of any necessary program 
        facilities, $25,000,000; and
            (2) for research and development carried out under the 
        program, $200,000,000.
    (b) Allocation.--Of amounts made available under subsection (a)(2) 
for a fiscal year--
            (1) at least 15 percent shall be made available for the 
        water supply technology transfer program established under 
        section 4(b)(2)(I);
            (2) the lesser of $10,000,000 or 5 percent shall be made 
        available for grants under section 7(a);
            (3) at least 30 percent shall be made available for grants 
        to collaborative institutions under section 7(b); and
            (4) the lesser of $10,000,000 or 5 percent shall be made 
        available for the Institute.
                                 <all>