[Congressional Record Volume 167, Number 191 (Monday, November 1, 2021)]
[Senate]
[Pages S7565-S7566]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 4126. Mrs. SHAHEEN submitted an amendment intended to be proposed 
to amendment SA 3867 submitted by Mr. Reed and intended to be proposed 
to the bill H.R. 4350, to authorize appropriations for fiscal year 2022 
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 S7566]]

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

        At the end of subtitle D of title III, add the following:

     SEC. 356. MODIFICATION OF REQUIREMENTS FOR DISPOSAL OF 
                   MATERIALS CONTAINING PERFLUOROALKYL SUBSTANCES, 
                   POLYFLUOROALKYL SUBSTANCES, OR AQUEOUS FILM 
                   FORMING FOAM.

       Section 330 of the National Defense Authorization Act for 
     Fiscal Year 2020 (Public Law 116-92; 10 U.S.C. 2701 note) is 
     amended--
       (1) in subsection (b)--
       (A) in paragraph (1), by striking ``; or'' and inserting a 
     semicolon;
       (B) in paragraph (2), by striking ``; or'' and inserting a 
     semicolon;
       (C) in paragraph (3), by striking the period at the end and 
     inserting ``; or''; and
       (D) by adding at the end the following new paragraph:
       ``(4) have been sent to another entity or entities for 
     disposal, including a waste processing facility, 
     subcontractor, or fuel blending facility.''; and
       (2) by adding at the end the following new subsections:
       ``(c) Report.--Not later than one year after the date of 
     the enactment of the National Defense Authorization Act for 
     Fiscal Year 2022, and annually thereafter, the Secretary of 
     Defense shall submit to the Administrator of the 
     Environmental Protection Agency and the Committees on Armed 
     Services of the Senate and the House of Representatives a 
     report on all incineration by the Department of Defense of 
     materials covered by subsection (b) during the one-year 
     period preceding the submittal of the report, including--
       ``(1) the total amount of materials incinerated;
       ``(2) the temperature range at which the materials were 
     incinerated;
       ``(3) the locations and facilities where the covered 
     materials were incinerated;
       ``(4) details on actions taken by the Secretary to comply 
     with this section; and
       ``(5) details on actions taken by the Department of Defense 
     to implement the recommendations contained in the revised 
     interim guidance on the destruction and disposal of PFAS and 
     materials containing PFAS published by the Administrator of 
     the Environmental Protection Agency under section 7361 of the 
     National Defense Authorization Act for Fiscal Year 2020 (15 
     U.S.C. 8961), including the recommendation for safe storage 
     of PFAS and materials containing PFAS until identified 
     uncertainties are addressed and appropriate destruction and 
     disposal technologies can be recommended.
       ``(d) Definitions.--In this section:
       ``(1) AFFF.--The term `AFFF' means aqueous film forming 
     foam.
       ``(2) PFAS.--The term `PFAS' means perfluoroalkyl 
     substances or polyfluoroalkyl substances.''.
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