[Congressional Record Volume 167, Number 198 (Monday, November 15, 2021)]
[Senate]
[Page S8095]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 4565. Mr. BENNET (for himself and Mr. Hickenlooper) 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 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. PAYMENTS TO STATES FOR THE TREATMENT OF 
                   PERFLUOROOCTANE SULFONIC ACID AND 
                   PERFLUOROOCTANOIC ACID IN DRINKING WATER.

       (a) In General.--The Secretary of the Air Force shall pay a 
     local water authority located in the vicinity of an 
     installation of the Air Force, or a State in which the local 
     water authority is located, for the treatment of 
     perfluorooctane sulfonic acid and perfluorooctanoic acid in 
     drinking water from the wells owned and operated by the local 
     water authority to attain the lifetime health advisory level 
     for such acids established by the Environmental Protection 
     Agency and in effect on October 1, 2017.
       (b) Eligibility for Payment.--To be eligible to receive 
     payment under subsection (a)--
       (1) a local water authority or State, as the case may be, 
     must--
       (A) request such a payment from the Secretary of the Air 
     Force for reimbursable expenses not already covered under a 
     cooperative agreement entered into by the Secretary relating 
     to treatment of perfluorooctane sulfonic acid and 
     perfluorooctanoic acid contamination before the date on which 
     funding is made available to the Secretary for payments 
     relating to such treatment; and
       (B) upon acceptance of such a payment, waive all legal 
     causes of action arising under chapter 171 of title 28, 
     United States Code (commonly known as the ``Federal Tort 
     Claims Act''), and any other Federal tort liability statute 
     for expenses for treatment and mitigation of perfluorooctane 
     sulfonic acid and perfluorooctanoic acid incurred before 
     January 1, 2018, and otherwise covered under this section;
       (2) the elevated levels of perfluorooctane sulfonic acid 
     and perfluorooctanoic acid in the water must be the result of 
     activities conducted by or paid for by the Department of the 
     Air Force; and
       (3) treatment or mitigation of such acids must have taken 
     place during the period beginning on January 1, 2016, and 
     ending on the day before the date of the enactment of this 
     Act.
       (c) Agreements.--
       (1) In general.--The Secretary of the Air Force may enter 
     into such agreements with a local water authority or State as 
     the Secretary considers necessary to implement this section.
       (2) Use of memorandum of agreement.--The Secretary of the 
     Air Force may use the applicable Defense State Memorandum of 
     Agreement to pay amounts under subsection (a) that would 
     otherwise be eligible for payment under that agreement were 
     those costs paid using amounts appropriated to the 
     Environmental Restoration Account, Air Force, established 
     under section 2703(a)(4) of title 10, United States Code.
       (3) Payment without regard to existing agreements.--Payment 
     may be made under subsection (a) to a State or a local water 
     authority in that State without regard to existing agreements 
     relating to environmental response actions or indemnification 
     between the Department of the Air Force and that State.
       (d) Limitation.--Any payment made under subsection (a) may 
     not exceed the actual cost of treatment of perfluorooctane 
     sulfonic acid and perfluorooctanoic acid resulting from the 
     activities conducted by or paid for by the Department of the 
     Air Force.
       (e) Availability of Amounts.--Of the amounts authorized to 
     be appropriated to the Department of Defense for Operation 
     and Maintenance, Air Force, not more than $10,000,000 shall 
     be available to carry out this section.
                                 ______