[Congressional Record Volume 164, Number 98 (Wednesday, June 13, 2018)]
[Senate]
[Page S3917]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 2886. Ms. STABENOW (for herself, Mr. Tillis, Mr. Peters, Mr. Burr, 
Mr. Carper, Ms. Cantwell, and Ms. Hassan) 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:

       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     carbon atom on which all the hydrogen substituents have been 
     replaced by fluorine.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, or 
     amend an existing cooperative agreement to address, 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 finalized 
     or amended under paragraph (1) shall meet or exceed the most 
     stringent of the following standards for PFAS in any 
     environmental media:
       (A) An enforceable State standard, in effect in that State, 
     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 
     or amended 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 or 
     amended and a projected timeline for completing or amending 
     the cooperative agreement, as applicable.
       (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.
                                 ______