S.Amdt. 2135

SA 2135. Mr. DURBIN (for himself and Mr. Rounds) submitted an
amendment intended to be proposed by him to the bill S. 4638, to
authorize appropriations for fiscal year 2025 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

[[Page S4389]]

year, and for other purposes; which was ordered to lie on the table; as
follows:

At the end of subtitle C in title III, add the following:

SEC. 324. 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 or polyfluoroalkyl substance detection and
remediation science, research, and technologies through the
establishment of Centers of Excellence for Assessing
Perfluoroalkyl and Polyfluoroalkyl Substances in Water
Sources and Perfluoroalkyl and Polyfluoroalkyl Substance
Remediation Solutions.
(b) Establishment of Centers.--
(1) In general.--The Administrator shall--
(A) select from among the applications submitted under
paragraph (2)(A) an eligible research university, an eligible
rural university, and a National Laboratory applying jointly
for the establishment of centers, to be known as the
``Centers of Excellence for Assessing Perfluoroalkyl and
Polyfluoroalkyl Substances in Water Sources and
Perfluoroalkyl and Polyfluoroalkyl Substance Remediation
Solutions'', which shall be a tri-institutional collaboration
between the eligible research university, eligible rural
university, and National Laboratory co-applicants (in this
section referred to as the ``Centers''); and
(B) guide the eligible research university, eligible rural
university, and National Laboratory in the establishment of
the Centers.
(2) Applications.--
(A) In general.--An eligible research university, eligible
rural university, and National Laboratory desiring to
establish the Centers shall jointly submit to the
Administrator an application at such time, in such manner,
and containing such information as the Administrator may
require.
(B) Criteria.--In evaluating applications submitted under
subparagraph (A), the Administrator shall only consider
applications that--
(i) include evidence of an existing partnership between not
fewer than two of 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 or polyfluoroalkyl substances;
(ii) demonstrate a history of collaboration between not
fewer than two of the co-applicants on the advancement of
shared research capabilities, including instrumentation and
research infrastructure relating to perfluoroalkyl or
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 or polyfluoroalkyl
substances;
(iv) demonstrate that the National Laboratory co-applicant
is equipped to scale up newly discovered materials and
methods for perfluoroalkyl or polyfluoroalkyl substance
detection and perfluoroalkyl or polyfluoroalkyl substance
removal processes for low-risk, cost-effective, and validated
commercialization; and
(v) identify one or more staff members of each 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 Centers.

(3) Timing.--
(A) In general.--Subject to subparagraph (B), the Centers
shall be established not later than one year after the date
of the enactment of this Act.
(B) Delay.--If the Administrator determines that a delay in
the establishment of the Centers is necessary, the
Administrator--
(i) not later than the date specified 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 Centers are established not
later than three years after the date of the enactment of
this Act.
(4) Coordination.--The Administrator shall carry out
paragraph (1) in coordination with other relevant officials
of the Federal Government as the Administrator determines
appropriate.
(c) Duties and Capabilities of the Centers.--
(1) In general.--The Centers shall develop and maintain--
(A) capabilities for measuring perfluoroalkyl or
polyfluoroalkyl substance contamination in drinking water,
ground water, and any other relevant environmental,
municipal, industrial, or residential water samples using
methods certified by the Environmental Protection Agency; and
(B) capabilities for--
(i) evaluating emerging perfluoroalkyl or 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 or polyfluoroalkyl substance contamination in
water using--

(I) the method described by the Environmental Protection
Agency in the document 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'' (commonly
known as ``EPA Method 533'');
(II) the method described by the Environmental Protection
Agency in the document entitled ``Method 537.1: Determination
of Selected Per- and Polyfluorinated Alkyl Substances in
Drinking Water by Solid Phase Extraction and Liquid
Chromatography/Tandem Mass Spectrometry (LC/MS/MS)''
(commonly known as ``EPA Method 537.1'');
(III) any updated or future method developed by the
Environmental Protection Agency; and
(IV) any other method the Administrator considers relevant;

(ii) develop and maintain capabilities for evaluating the
removal of perfluoroalkyl or polyfluoroalkyl substances from
water using newly developed adsorbents or membranes;
(iii) develop and maintain capabilities to evaluate the
degradation of perfluoroalkyl or 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 or polyfluoroalkyl
substance measurement capabilities and instruments available
to municipalities and individuals in the regions 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.
(d) 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.
(e) Reports.--
(1) Report on establishment of centers.--Not later than one
year after the date of the establishment of the Centers under
subsection (b), the Administrator, in coordination with the
Centers, shall submit to the appropriate committees of
Congress a report describing--
(A) the establishment of the Centers; and
(B) the activities of the Centers since the date on which
the Centers were established.
(2) Annual reports.--Not later than one year after the date
on which the report under paragraph (1) is submitted, and
annually thereafter until the date on which the Centers are
terminated under subsection (f), the Administrator, in
coordination with the Centers, shall submit to the
appropriate committees of Congress a report describing--
(A) the activities of the Centers during the year covered
by the report; and
(B) any policy, research, or funding recommendations
relating to the purposes or activities of the Centers.
(f) Termination.--
(1) In general.--Subject to paragraph (2), the Centers
shall terminate on October 1, 2034.
(2) Extension.--If the Administrator, in consultation with
the Centers, determines that the continued operation 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 Centers
to continue in operation and fulfill their purpose; and
(B) subject to the availability of funds, may extend the
duration of the Centers for such time as the Administrator
determines to be appropriate.
(g) Funding.--
(1) In general.--Of the amounts authorized to be
appropriated to the Department of Defense for fiscal year
2025 for the Strategic Environmental Research and Development
Program and the Environmental Security Technology
Certification Program of the Department of Defense,
$25,000,000 shall be made available to the Administrator to
carry out this section.
(2) Availability of amounts.--Amounts made available under
paragraph (1) shall remain available to the Administrator for
the purposes specified in that paragraph until September 30,
2033.
(3) Administrative costs.--Not more than four percent of
the amounts made available to the Administrator under
paragraph (1) shall be used for the administrative costs of
carrying out this section.
(h) Definitions.--In this section:
(1) Appropriate committees of congress.--The term the
``appropriate committees of Congress'' means--
(A) the Committee on Armed Services and the Committee on
Environment and Public Works of the Senate; and
(B) the Committee on Armed Services and the Committee on
Energy and Commerce of the House of Representatives.

[[Page S4390]]

(2) Administrator.--The term ``Administrator'' means the
Administrator of the Environmental Protection Agency.
(3) Eligible research university.--The term ``eligible
research university'' means an institution of higher
education 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) Eligible rural university.--The term ``eligible rural
university'' means an institution of higher education that
is--
(A) located in one of the five States with the lowest
population density as determined by data from the most recent
census;
(B) a member of the National Security Innovation Network in
the Rocky Mountain Region; and
(C) in proximity to the geographic center of the United
States, as determined by the Administrator.
(5) Institution of higher education.--The term
``institution of higher education'' has the meaning given
that term in section 101(a) of the Higher Education Act of
1965 (20 U.S.C. 1001(a)).
(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) Perfluoroalkyl or polyfluoroalkyl substance.--The term
``perfluoroalkyl or polyfluoroalkyl substance'' means a
substance that is a perfluoroalkyl substance or a
polyfluoroalkyl substance (as those terms are defined in
section 7331(2)(B) of the PFAS Act of 2019 (15 U.S.C.
8931(2)(B))), including a mixture of those substances.
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