[Congressional Record Volume 169, Number 128 (Tuesday, July 25, 2023)]
[Senate]
[Pages S3529-S3530]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 1016. Mr. ROUNDS (for himself and Mr. Durbin) submitted an
amendment intended to be proposed by 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___. ENVIRONMENTAL PROTECTION AGENCY CENTERS 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
Centers of Excellence for Assessing Perfluoroalkyl and
Polyfluoroalkyl Substances in Water Sources and
Perfluoroalkyl and Polyfluoroalkyl Substance Remediation
Solutions.
(b) Definitions.--In this section:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the Environmental Protection Agency.
(2) 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 Environment and Public Works, the
Committee on Energy and Natural Resources, 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.
(3) 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)(1)(A).
(4) Centers.--The term ``Centers'' means--
(A) the Center; and
(B) the Rural Center.
(5) 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.
(6) Eligible rural university.--The term ``eligible rural
university'' means an institution of higher education that--
(A) is located in a State described in section
1703(d)(1)(C)(iii)(I) of title 38, United States Code; and
(B) is a member of the National Security Innovation Network
in the Rocky Mountain Region.
(7) 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).
(8) 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).
(9) 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).
(10) Rural center.--The term ``Rural Center'' means the
Rural Center of Excellence for Assessing Perfluoroalkyl and
Polyfluoroalkyl Substances in Water Sources and
Perfluoroalkyl and Polyfluoroalkyl Substance Remediation
Solutions established under subsection (c)(1)(B).
(c) Establishment.--
(1) In general.--The Administrator shall--
(A)(i) select from among the applications submitted under
paragraph (2)(A) 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
(ii) guide and assist the eligible research university and
National Laboratory in the establishment of that center; and
(B)(i) select from among the applications submitted under
paragraph (2)(B) an eligible rural university for the
establishment of an additional center, to be known as the
``Rural Center of Excellence for Assessing Perfluoroalkyl and
Polyfluoroalkyl Substances in Water Sources and
Perfluoroalkyl and Polyfluoroalkyl Substance Remediation
Solutions''; and
(ii) guide and assist the eligible rural university in the
establishment of that center.
(2) Applications.--
(A) Center.--
(i) In general.--An eligible research university and
National Laboratory desiring to establish the Center shall
jointly submit to the Administrator an application at such
time, in such manner, and containing such information as the
Administrator may require.
(ii) Criteria.--In evaluating applications submitted under
clause (i), the Administrator 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
[[Page S3530]]
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--
(aa) have expertise in sciences relevant to perfluoroalkyl
or polyfluoroalkyl substance detection and remediation; and
(bb) have been jointly selected, and will be jointly
appointed, by the co-applicants to lead, and carry out the
purposes of, the Center.
(B) Rural center.--An eligible rural university desiring to
establish the Rural Center shall submit to the Administrator
an application at such time, in such manner, and containing
such information as the Administrator may require.
(3) Timing.--
(A) In general.--Subject to subparagraph (B), the Centers
shall be established not later than 1 year after the date of
enactment of this Act.
(B) Delay.--If the Administrator determines that a delay in
the establishment of 1 or more of the Centers is necessary,
the Administrator--
(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 1 or more Centers for which a
delay is necessary are established not later than 3 years
after the date of enactment of this Act.
(4) Requirement.--The Administrator shall carry out
subparagraphs (A) and (B) of paragraph (1)--
(A) in coordination with the Secretary of Energy, as the
Administrator 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 Centers.--
(1) In general.--The Centers 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 Centers
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, any future
method or updated method, or any other relevant method 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 regions in which the Centers are located; and
(v) make reliable perfluoroalkyl and polyfluoroalkyl
substance measurement capabilities and instruments available
to municipalities and individuals in the region in which the
Centers are located at reasonable cost.
(B) Open-access research.--The Centers shall provide open
access to the research findings of the Centers.
(e) Coordination With Other Federal Agencies.--The
Administrator may, as the Administrator 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.--With respect to
each of the Center and the Rural Center, not later than 1
year after the date on which the center is established under
subsection (c), the Administrator, in coordination with that
center, shall submit to the appropriate committees of
Congress a report describing--
(A) the establishment of that center; and
(B) the activities of that center since the date on which
that center was established.
(2) Annual reports.--With respect to each of the Center and
the Rural Center, not later than 1 year after the date on
which the report under paragraph (1) for that center is
submitted, and annually thereafter until the date on which
that center is terminated under subsection (g), the
Administrator, in coordination with that center, shall submit
to the appropriate committees of Congress a report
describing--
(A) the activities of that center during the year covered
by the report; and
(B) any policy, research, or funding recommendations
relating to the purposes or activities of that center.
(g) Termination.--
(1) In general.--Subject to paragraph (2), the Centers
shall terminate on October 1, 2033.
(2) Extension.--If the Administrator, in consultation with
the Centers, determines that the continued operation of 1 or
more of the Centers beyond the date described in paragraph
(1) is necessary to advance science and technologies to
address perfluoroalkyl or polyfluoroalkyl substance
contamination--
(A) the Administrator shall submit to the appropriate
committees of Congress--
(i) a notification of that determination; and
(ii) a description of the funding necessary for the
applicable 1 or more Centers to continue in operation and
fulfill their purpose; and
(B) subject to the availability of funds, may extend the
duration of the applicable 1 or more Centers for such time as
the Administrator 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, $25,000,000 shall be made available to the
Administrator 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 Administrator under paragraph
(1) shall be used by the Administrator for the administrative
costs of carrying out this section.
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