[Congressional Record Volume 164, Number 96 (Monday, June 11, 2018)]
[Senate]
[Pages S3635-S3636]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 2651. Mr. GARDNER (for himself and Mr. Bennet) submitted an 
amendment intended to be proposed to amendment SA 2282 proposed by Mr. 
Inhofe (for himself and Mr. McCain) 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:

       In section 315, beginning in subsection (b), strike 
     paragraph (2) and all that follows through subsection (g) and 
     insert the following:
       (2) the elevated levels of perfluorooctane sulfonic acid 
     and perfluorooctanoic acid in the drinking water are the 
     result of activities conducted by or paid for by the 
     Department of the Army or the Department of the Air Force at 
     a military installation or at a State-owned National Guard 
     installation;
       (3) such treatment takes place only during the fiscal year 
     in which the request was made;
       (4) the local water authority waives all claims against the 
     United States and the National Guard for treatment expenses 
     incurred before the fiscal year during which the treatment is 
     taking place; and
       (5) the cost of any treatment provided pursuant to 
     subsection (a) does not exceed the actual cost of the 
     treatment attributable to the activities conducted by or paid 
     for by the Department of the Army or the Department of the 
     Air Force, as the case may be.
       (c) Existing Agreements.--Treatment of drinking water 
     pursuant to subsection (a) may be provided without regard to 
     existing contractual provisions in agreements between the 
     Department of the Army, the Department of the Air Force, or 
     the National Guard Bureau, as the case may be, and the State 
     in which the base is located relating to environmental 
     response actions or indemnification.
       (d) Authority To Enter Into Agreements.--The Secretary 
     concerned may enter into such grants, cooperative agreements, 
     or contracts with a local water authority as may be necessary 
     to implement this section.
       (e) Use of DSMOA.--Using funds authorized to be 
     appropriated by section 301 for operation and maintenance, 
     the Secretary concerned may pay, utilizing an existing 
     Defense-State Memorandum of Agreement, costs that would 
     otherwise be eligible for payment under that agreement.
       (f) Termination of Authority.--The authority under this 
     section shall terminate on September 30, 2021.
       (g) Retroactive Effect.--Notwithstanding paragraphs (1), 
     (3), (4) of subsection

[[Page S3636]]

     (b), the Secretary concerned may reimburse a local water 
     authority or a State for the treatment of drinking water 
     pursuant to this section if--
       (1) the local water authority or state requested such a 
     payment from the National Guard Bureau, the Department of the 
     Army, or the Department of the Air Force prior to March 1, 
     2018, or the National Guard Bureau, the Department of the 
     Army, or the Department of the Air Force was aware of a 
     treatment plan by the local water authority or state prior to 
     that date; and
       (2) the local water authority or the State, as the case may 
     be, waives all claims against the United States, the 
     Department of the Army, the Department of the Air Force, and 
     the National Guard for treatment expenses incurred before 
     January 1, 2018.
                                 ______