S.Amdt. 190

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

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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.
______