[Congressional Record Volume 164, Number 94 (Thursday, June 7, 2018)]
[Senate]
[Page S3368]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 2530. Ms. STABENOW (for herself and Mr. Peters) submitted an 
amendment intended to be proposed to amendment SA 2282 submitted by Mr. 
Inhofe (for himself and Mr. McCain) and intended to be proposed to the 
bill H.R. 5515, to authorize appropriations for fiscal year 2019 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 end of subtitle B of title III, add the following:

     SEC. 316. COOPERATIVE AGREEMENTS WITH STATES FOR REMOVAL AND 
                   REMEDIAL ACTIONS TO ADDRESS DRINKING, SURFACE, 
                   AND GROUND WATER CONTAMINATION FROM PFAS.

       (a) Definitions.--In this section:
       (1) The term ``perfluorinated compound'' means 
     perfluoroalkyl and polyfluoroalkyl substances (PFAS) that are 
     man-made chemicals with at least one fully fluorinated carbon 
     atom.
       (2) The term ``fully fluorinated carbon atom'' means a 
     carbon atom on which all the hydrogen substituents have been 
     replaced by fluorine.
       (3) The term ``State'' has the meaning given the term in 
     section 101 of the Comprehensive Environmental Response, 
     Compensation, and Liability Act of 1980 (42 U.S.C. 9601).
       (b) Cooperative Agreement.--
       (1) In general.--Upon request from the governor or chief 
     executive of a State, the Department of Defense shall work 
     expeditiously to finalize a cooperative agreement for 
     testing, monitoring, removal, and remedial actions to address 
     contamination or suspected contamination of drinking, 
     surface, or ground water from PFAS originating from an active 
     or decommissioned military installation, including a National 
     Guard facility.
       (2) Minimum standards.--A cooperative agreement under this 
     subsection shall meet or exceed the most stringent of the 
     following standards for PFAS in any environmental media:
       (A) An enforceable State standard for drinking, surface, or 
     ground water, as required under section 121(d) of the 
     Comprehensive Environmental Response, Compensation, and 
     Liability Act of 1980 (42 U.S.C. 4621(d)).
       (B) Federal Health Advisories issued by the Environmental 
     Protection Agency.
       (C) Any Federal standards, requirements, criteria, or 
     limits, including those issued under the Toxic Substances 
     Control Act (15 U.S.C. 2601 et seq.), the Safe Drinking Water 
     Act (42 U.S.C. 300f et seq.), the Clean Air Act (42 U.S.C. 
     7401 et seq.), the Clean Water Act (33 U.S.C. 1251 et seq.), 
     the Marine Protection, Research and Sanctuaries Act (16 
     U.S.C. 1431 et seq., 1447 et seq., 33 U.S.C. 1401 et seq., 
     2801 et seq.), or the Solid Waste Disposal Act (42 U.S.C. 
     6901 et seq.).
       (c) Notification Requirement.--
       (1) In general.--If a cooperative agreement is not reached 
     pursuant to subsection (b) within one year after the request 
     from a State, the Secretary of Defense shall report to the 
     appropriate congressional committees, as well as the Senators 
     from the State with the contamination and the member of 
     Congress representing the district with the PFAS 
     contamination. The report shall provide a detailed 
     explanation for why an agreement has not been reached and a 
     projected timeline for completing the cooperative agreement.
       (2) Appropriate congressional committees defined.--In this 
     subsection, the term ``appropriate congressional committees'' 
     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.
                                 ______