[Congressional Record Volume 169, Number 119 (Wednesday, July 12, 2023)]
[Senate]
[Pages S2385-S2387]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 190. Mr. DURBIN submitted an amendment intended to be proposed by

[[Page S2386]]

him to the bill S. 2226, to authorize appropriations for fiscal year 
2024 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

       At the appropriate place in subtitle G of title X, insert 
     the following:

     SEC. 10___. DEPARTMENT OF ENERGY CENTER OF EXCELLENCE FOR 
                   ASSESSING PERFLUOROALKYL AND POLYFLUOROALKYL 
                   SUBSTANCES IN WATER SOURCES AND PERFLUOROALKYL 
                   AND POLYFLUOROALKYL SUBSTANCE REMEDIATION 
                   SOLUTIONS.

       (a) Purpose.--The purpose of this section is to dedicate 
     resources to advancing, and expanding access to, 
     perfluoroalkyl and polyfluoroalkyl substance detection and 
     remediation science, research, and technologies through a 
     Center of Excellence for Assessing Perfluoroalkyl and 
     Polyfluoroalkyl Substances in Water Sources and 
     Perfluoroalkyl and Polyfluoroalkyl Substance Remediation 
     Solutions.
       (b) Definitions.--In this section:
       (1) Appropriate committees of congress.--The term 
     ``appropriate committees of Congress'' means--
       (A) the congressional defense committees (as defined in 
     section 101(a) of title 10, United States Code);
       (B) the Committee on Energy and Natural Resources, the 
     Committee on Environment and Public Works, and the Committee 
     on Veterans' Affairs of the Senate; and
       (C) the Committee on Energy and Commerce, the Committee on 
     Natural Resources, the Committee on Science, Space, and 
     Technology, and the Committee on Veterans' Affairs of the 
     House of Representatives.
       (2) Center.--The term ``Center'' means the Center of 
     Excellence for Assessing Perfluoroalkyl and Polyfluoroalkyl 
     Substances in Water Sources and Perfluoroalkyl and 
     Polyfluoroalkyl Substance Remediation Solutions established 
     under subsection (c).
       (3) Eligible research university.--The term ``eligible 
     research university'' means an institution of higher 
     education (as defined in section 101(a) of the Higher 
     Education Act of 1965 (20 U.S.C. 1001(a))) that--
       (A) has annual research expenditures of not less than 
     $750,000,000; and
       (B) is located near a population center of not fewer than 
     5,000,000 individuals.
       (4) EPA method 533.--The term ``EPA Method 533'' means the 
     method described in the document of the Environmental 
     Protection Agency entitled ``Method 533: Determination of 
     Per- and Polyfluoroalkyl Substances in Drinking Water by 
     Isotope Dilution Anion Exchange Solid Phase Extraction and 
     Liquid Chromatography/Tandem mass Spectrometry'' (or a 
     successor document).
       (5) EPA method 537.1.--The term ``EPA Method 537.1'' means 
     the method described in the document of the Environmental 
     Protection Agency entitled ``Determination of Selected Per- 
     and Polyfluorinated Alkyl Substances in Drinking Water by 
     Solid Phase Extraction and Liquid Chromatography/Tandem Mass 
     Spectrometry (LC/MS/MS)'' (or a successor document).
       (6) National laboratory.--The term ``National Laboratory'' 
     has the meaning given the term in section 2 of the Energy 
     Policy Act of 2005 (42 U.S.C. 15801).
       (7) Secretary.--The term ``Secretary'' means the Secretary 
     of Energy.
       (c) Establishment.--
       (1) In general.--The Secretary shall--
       (A) select from among the applications submitted under 
     paragraph (2) an eligible research university and a National 
     Laboratory applying jointly for the establishment of a 
     center, to be known as the ``Center of Excellence for 
     Assessing Perfluoroalkyl and Polyfluoroalkyl Substances in 
     Water Sources and Perfluoroalkyl and Polyfluoroalkyl 
     Substance Remediation Solutions'', which shall be a bi-
     institutional collaboration between the eligible research 
     university and National Laboratory co-applicants; and
       (B) guide and assist the eligible research university and 
     National Laboratory in the establishment of the Center.
       (2) Applications.--
       (A) In general.--An eligible research university and 
     National Laboratory desiring to establish the Center shall 
     jointly submit to the Secretary an application at such time, 
     in such manner, and containing such information as the 
     Secretary may require.
       (B) Criteria.--In evaluating applications submitted under 
     subparagraph (A), the Secretary shall only consider 
     applications that--
       (i) include evidence of an existing partnership between the 
     co-applicants that is dedicated to supporting and expanding 
     shared scientific goals with a clear pathway to collaborating 
     on furthering science and research relating to perfluoroalkyl 
     and polyfluoroalkyl substances;
       (ii) demonstrate a history of collaboration between the co-
     applicants on the advancement of shared research 
     capabilities, including instrumentation and research 
     infrastructure relating to perfluoroalkyl and polyfluoroalkyl 
     substances;
       (iii) indicate that the co-applicants have the capacity to 
     expand education and research opportunities for undergraduate 
     and graduate students to prepare a generation of experts in 
     sciences relating to perfluoroalkyl and polyfluoroalkyl 
     substances;
       (iv) demonstrate that the National Laboratory co-applicant 
     is equipped to scale up newly discovered materials and 
     methods for perfluoroalkyl and polyfluoroalkyl substance 
     detection and perfluoroalkyl and polyfluoroalkyl substance 
     removal processes for low-risk, cost-effective, and validated 
     commercialization; and
       (v) identify 1 or more staff members of the eligible 
     research university co-applicant and 1 or more staff members 
     of the National Laboratory co-applicant who--

       (I) have expertise in sciences relevant to perfluoroalkyl 
     or polyfluoroalkyl substance detection and remediation; and
       (II) have been jointly selected, and will be jointly 
     appointed, by the co-applicants to lead, and carry out the 
     purposes of, the Center.

       (3) Timing.--
       (A) In general.--Subject to subparagraph (B), the Center 
     shall be established not later than 1 year after the date of 
     enactment of this Act.
       (B) Delay.--If the Secretary determines that a delay in the 
     establishment of the Center is necessary, the Secretary--
       (i) not later than the date described in subparagraph (A), 
     shall submit a notification to the appropriate committees of 
     Congress explaining the necessity of the delay; and
       (ii) shall ensure that the Center is established not later 
     than 3 years after the date of enactment of this Act.
       (4) Requirement.--The Secretary shall carry out 
     subparagraphs (A) and (B) of paragraph (1)--
       (A) in coordination with the Administrator of the 
     Environmental Protection Agency, as the Secretary determines 
     to be appropriate; and
       (B) in consultation with the Strategic Environmental 
     Research and Development Program and the Environmental 
     Security Technology Certification Program of the Department 
     of Defense.
       (d) Duties and Capabilities of the Center.--
       (1) In general.--The Center shall develop and maintain--
       (A) capabilities for measuring, using methods certified by 
     the Environmental Protection Agency, perfluoroalkyl and 
     polyfluoroalkyl substance contamination in drinking water, 
     ground water, and any other relevant environmental, 
     municipal, industrial, or residential water samples; and
       (B) capabilities for--
       (i) evaluating emerging perfluoroalkyl and polyfluoroalkyl 
     substance removal and destruction technologies and methods; 
     and
       (ii) benchmarking those technologies and methods relative 
     to existing technologies and methods.
       (2) Requirements.--
       (A) In general.--In carrying out paragraph (1), the Center 
     shall, at a minimum--
       (i) develop instruments and personnel capable of analyzing 
     perfluoroalkyl and polyfluoroalkyl substance contamination in 
     water using EPA method 533, EPA method 537.1, or other 
     relevant methods for detecting perfluoroalkyl and 
     polyfluoroalkyl substances in water;
       (ii) develop and maintain capabilities for evaluating the 
     removal of perfluoroalkyl and polyfluoroalkyl substances from 
     water using newly developed adsorbents or membranes;
       (iii) develop and maintain capabilities to evaluate the 
     degradation of perfluoroalkyl and polyfluoroalkyl substances 
     in water or other media;
       (iv) make the capabilities and instruments developed under 
     clauses (i) through (iii) available to researchers throughout 
     the region in which the Center is located; and
       (v) make reliable perfluoroalkyl and polyfluoroalkyl 
     substance measurement capabilities and instruments available 
     to municipalities and individuals in the region in which the 
     Center is located at reasonable cost.
       (B) Open-access research.--The Center shall provide open 
     access to the research findings of the Center.
       (e) Coordination With Other Federal Agencies.--The 
     Secretary may, as the Secretary determines to be necessary, 
     use staff and other resources from other Federal agencies in 
     carrying out this section.
       (f) Reports.--
       (1) Report on establishment of center.--Not later than 1 
     year after the date on which the Center is established under 
     subsection (c), the Secretary, in coordination with the 
     Center, shall submit to the appropriate committees of 
     Congress a report describing--
       (A) the establishment of the Center; and
       (B) the activities of the Center since the date on which 
     the Center was established.
       (2) Annual reports.--Not later than 1 year after the date 
     on which the report under paragraph (1) is submitted, and 
     annually thereafter until the date on which the Center is 
     terminated under subsection (g), the Secretary, in 
     coordination with the Center, shall submit to the appropriate 
     committees of Congress a report describing--
       (A) the activities of the Center during the year covered by 
     the report; and
       (B) any policy, research, or funding recommendations 
     relating to the purposes or activities of the Center.
       (g) Termination.--
       (1) In general.--Subject to paragraph (2), the Center shall 
     terminate on October 1, 2033.
       (2) Extension.--If the Secretary, in consultation with the 
     Center, determines that

[[Page S2387]]

     the continued operation of the Center beyond the date 
     described in paragraph (1) is necessary to advance science 
     and technologies to address perfluoroalkyl or polyfluoroalkyl 
     substance contamination--
       (A) the Secretary shall submit to the appropriate 
     committees of Congress--
       (i) a notification of that determination; and
       (ii) a description of the funding necessary for the Center 
     to continue in operation and fulfill its purpose; and
       (B) subject to the availability of funds, may extend the 
     duration of the Center for such time as the Secretary 
     determines to be appropriate.
       (h) Funding.--
       (1) In general.--Of the amounts authorized to be 
     appropriated to the Department of Defense for fiscal year 
     2024 by this Act, $15,000,000 shall be made available to the 
     Secretary to carry out this section, to remain available 
     until September 30, 2033.
       (2) Administrative costs.--Not more than 4 percent of the 
     amounts made available to the Secretary under paragraph (1) 
     shall be used by the Secretary for the administrative costs 
     of carrying out this section.
                                 ______