[Congressional Record Volume 150, Number 97 (Wednesday, July 14, 2004)]
[Senate]
[Pages S8135-S8137]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  By Mr. DOMENICI (for himself, Mrs. Feinstein, Mr. Craig, Mr. 
Bingaman, and Mr. Durbin):
  S. 2658. A bill to establish a Department of Energy National 
Laboratories water technology research and development program, and for 
other purposes; to the Committee on Environment and Public Works.
  Mr. DOMENICI. Mr. President. There is no more important or essential 
substance to us than water. It is the source from which life springs. 
It also has the potential to be the source of incredible conflict 
ranging from local to international levels. Fresh water supplies are 
coming under pressure all over the globe. By mid-century, over half of 
the world's population will face severe water shortages. These 
shortages go beyond drinking water; particularly important is the nexus 
of water and energy production--another flash point in global affairs. 
Seriously confronting this problem before it leads to tremendous 
burdens on this nation and the world is an endeavor as worthwhile as 
any I can contemplate.
  Research and development in this area has long been without concerted 
national attention. Water and water rights have traditionally been 
under the purview of the States, and rightly so. But few States have 
the capacity and funding to adequately address this problem. Users of 
water resources are highly risk averse and can ill afford to take 
chances on unproven technology. At the Federal level, at least 
seventeen agencies do water research, however only three currently 
engage in water supply augmentation research--the Department of 
Agriculture, the Bureau of Reclamation, and the Department of Energy. 
According to the National Research Council's June 17, 2004 report 
entitled ``Confronting the Nation's Water Problems: The Role of 
Research,'' the total Federal investment in water resources research in 
2000 dollars has been level at $700m since 1967. The Federal investment 
in 2000 was 5 percent less than the investment in 1973 in indexed 
dollars. The total Federal water research investment of $700m 
represents about 0.5 percent of the Federal research budget--for the 
most fundamental resource need. Investment in Water supply augmentation 
research funding has declined from $160m in 1970 to $14m in 2000.
  These circumstances have led to neglect in long-term, cutting edge, 
commercially viable research and development. This is ultimately 
untenable. We know what is possible, we have acted successfully before. 
Federal investment in the 1960's and 1970's is the basis for existing 
desalination technology that substantially expanded U.S. and world wide 
water supplies. We know that a similar investment can again achieve 
such results. Thus, the lack of Federal investment is unacceptable 
given our prior experiences and our complete and utter dependence on 
this resource.
  Our nation's efforts to address these problems must be fought on 
multiple fronts. We must provide for development and maintenance of 
water infrastructure, particularly in rural areas. This is the 
infrastructure that sustains our lives and livelihoods. We must make 
our management of this precious resource more rational. We must make a 
concerted effort to more fully understand and extend the limits of our 
fresh and lower quality water. We must coordinate and enhance our 
technology to address both water quality and quantity. We cannot fight 
all these fronts with one effort, but we can begin to address aspects 
of the problem.

  To that end, I introduce today the Department of Energy National 
Laboratories Water Research and Development Act of 2004. This 
admittedly ambitious bill authorizes a substantial Federal investment 
of up to $200 million per year for basic and applied research and 
development in water supply technologies. The emphasis of this program 
is developing and deploying new and affordable technology to improve 
water quantity and quality. Its primary goal is to facilitate and guide 
research, development, and deployment of affordable and cutting edge 
technology that increases the quantity and quality of water available 
for multiple uses. This will be done across the Nation, in a wide range 
of hydrogeographies and water situations.
  The effort combines the expertise and resources of our great National 
Laboratories and universities across the country. The Program builds on 
the immense investment in new technology and basic science within the 
labs and universities and directs it toward this critical human need. 
It will also compliment and strengthen the many programs and efforts 
underway at Federal agencies and non-governmental organizations.
  The Act authorizes the Department of Energy, through the National 
Laboratories, to partner with universities in specified regions to work 
on technology for particularized areas of research. Each region will be 
tasked with addressing a given range of issues. These include brine 
removal and inland desalination to re-use and conservation technology. 
Furthermore, the water and energy nexus will be fully explored. 
Pressures created by water needed to supply energy and energy necessary 
to produce usable water have not, to date, been sufficiently addressed.
  A grant program will be created to augment existing efforts by non-
program members. Many Federal agencies and non-governmental entities 
have ongoing projects in this arena including the Bureau of Reclamation 
(``BOR''), the Department of Agriculture (``USDA''), the Department of 
Defense (``DOD'') (through the Office of Naval Research), the 
Environmental Protection Agency (``EPA''), and NASA. Additionally, the 
Program fully incorporates public-private partnerships such as those 
already working with the American Water Resources Research Foundation, 
the WateReuse Foundation and many others.
  Finally, this bill creates a National Water Supply Law and Policy 
Institute. The Policy Center's responsibilities include identifying 
intervention points where technological development may help alleviate 
real and potential water supply problems. The Policy Institute will act 
as a clearinghouse for relevant information on regulations, laws and 
codes--from municipal to national scales focused on helping to overcome 
obstacles of new technology that can expand water supplies.
  The Program will be administered by a Program Coordinator appointed 
by the Secretary of Energy. The Coordinator will administer the program 
from facilities located at Sandia National Laboratory, our Nation's 
best applied engineering lab. Acting as the coordinating institution, 
Sandia is responsible for technology development road-mapping and 
assisting the Regional Centers in transferring their creations from 
bench-scale to commercialization. Sandia is also charged with guiding 
the Policy Center.
  The conditions are present to necessitate the Federal government 
taking a lead role. We must act now. The costs of inaction will be 
borne by all of us. The market is skewed against development. It is a 
matter of personal and national security. It is a matter of human 
necessity. It is a matter of time.
  The need is great. The goal is good. Let us begin.
  I ask unanimous consent that the text of the bill be printed in the 
Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 2658

       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.

[[Page S8136]]

     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

[[Page S8137]]

     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.

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