[Congressional Record Volume 166, Number 116 (Wednesday, June 24, 2020)]
[Senate]
[Page S3259]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 1754. Mrs. GILLIBRAND (for herself, Mr. Schumer, and Ms. 
Duckworth) submitted an amendment intended to be proposed by her to the 
bill S. 4049, to authorize appropriations for fiscal year 2021 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. 3__. MORATORIUM ON INCINERATION BY DEPARTMENT OF DEFENSE 
                   OF PERFLUOROALKYL SUBSTANCES, POLYFLUOROALKYL 
                   SUBSTANCES, AND AQUEOUS FILM FORMING FOAM.

       (a) In General.--On and after the date of the enactment of 
     this Act, the Secretary of Defense shall prohibit the 
     incineration of materials containing perfluoroalkyl 
     substances, polyfluoroalkyl substances, or aqueous film 
     forming foam until final guidance has been published by the 
     Secretary--
       (1) implementing, for the Department of Defense, the 
     interim guidance published by the Administrator of the 
     Environmental Protection Agency under section 7361 of the 
     National Defense Authorization Act for Fiscal Year 2020 
     (Public Law 116-92); or
       (2) that is consistent with such interim guidance.
       (b) Written Assurance of Compliance.--After the publication 
     of final guidance by the Secretary as described in subsection 
     (a), the Secretary shall require any owner or operator of an 
     incinerator accepting from the Department materials 
     containing perfluoroalkyl substances, polyfluoroalkyl 
     substances, or aqueous film forming foam for incineration to 
     provide to the Secretary a written assurance that it can 
     fully comply with the requirements of section 330 of the 
     National Defense Authorization Act for Fiscal Year 2020 
     (Public Law 116-92) before accepting any such materials.
       (c) Report.--Not later than one year after the publication 
     of final guidance by the Secretary as described in subsection 
     (a), and annually thereafter, the Secretary shall submit to 
     the Administrator of the Environmental Protection Agency a 
     report on all incineration by the Department of materials 
     containing perfluoroalkyl substances, polyfluoroalkyl 
     substances, or aqueous film forming foam during the year 
     covered by the report, including--
       (1) the total amount of such materials incinerated; and
       (2) the temperature range at which such materials were 
     incinerated.
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