[Congressional Record Volume 169, Number 124 (Wednesday, July 19, 2023)]
[Senate]
[Page S3416]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 964. Ms. LUMMIS submitted an amendment intended to be proposed by 
her to the bill S. 2226, to authorize appropriations for fiscal year 
2024 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 appropriate place in subtitle G of title X, insert 
     the following:

     SEC. 10__. EXEMPTION FROM LIABILITY FOR PASSIVE RECEIVERS OF 
                   PFAS CONTAMINATION.

       (a) Definitions.--Section 101 of the Comprehensive 
     Environmental Response, Compensation, and Liability Act of 
     1980 (42 U.S.C. 9601) is amended by adding at the end the 
     following:
       ``(42) Passive receiver.--The term `passive receiver' 
     means--
       ``(A) any person that--
       ``(i) has received or receives material containing a 
     perfluoroalkyl or polyfluoroalkyl substance in the normal 
     course of operations of the person; and
       ``(ii) did not and does not--

       ``(I) manufacture a perfluoroalkyl or polyfluoroalkyl 
     substance; or
       ``(II) receive a commercial benefit from the presence of a 
     perfluoroalkyl or polyfluoroalkyl substance in the products 
     or operations of the person;

       ``(B) any person using material containing a perfluoroalkyl 
     or polyfluoroalkyl substance as necessitated by Federal or 
     State law;
       ``(C) any person engaged in the production or harvesting of 
     agricultural products; and
       ``(D) any property owner, if--
       ``(i) a perfluoroalkyl or polyfluoroalkyl substance is not 
     and has not been manufactured at the property; and
       ``(ii) the property owner does not and has not received a 
     commercial benefit with respect to the property from the 
     presence of a perfluoroalkyl or polyfluoroalkyl substance in 
     the products or operations of the property owner.
       ``(43) Perfluoroalkyl or polyfluoroalkyl substance.--
       ``(A) In general.--The term `perfluoroalkyl or 
     polyfluoroalkyl substance' means--
       ``(i) a non-polymeric perfluoroalkyl or polyfluoroalkyl 
     substance; and
       ``(ii) a side chain fluorinated polymer that is a member of 
     a group of human-made chemicals that contain at least 2 fully 
     fluorinated carbon atoms.
       ``(B) Inclusion.--The term `perfluoroalkyl or 
     polyfluoroalkyl substance' includes the degradants of a 
     substance described in clause (i) or (ii) of subparagraph 
     (A).''.
       (b) Passive Receiver Exemption.--Section 107 of the 
     Comprehensive Environmental Response, Compensation, and 
     Liability Act of 1980 (42 U.S.C. 9607) is amended by adding 
     at the end the following:
       ``(s) Passive Receiver Exemption.--
       ``(1) Exemption.--
       ``(A) In general.--A passive receiver shall not be liable 
     under any provision of this Act for a release or threatened 
     release of a perfluoroalkyl or polyfluoroalkyl substance.
       ``(B) Recovery; response.--No person may--
       ``(i) recover costs or damages from a passive receiver 
     under this Act arising from a release of a perfluoroalkyl or 
     polyfluoroalkyl substance; or
       ``(ii) order a passive receiver to conduct or participate 
     in a response to such a release.
       ``(C) Exceptions.--Subparagraphs (A) and (B) shall not 
     apply if--
       ``(i) the passive receiver acted with gross negligence or 
     willful misconduct; and
       ``(ii) the release is not a federally permitted release.
       ``(2) Costs.--Any person who commences an action for 
     contribution under this Act against a passive receiver who is 
     not liable by operation of paragraph (1) shall be liable to 
     the passive receiver for all reasonable costs of defending 
     that action, including all reasonable attorney's and expert 
     witness fees.''.
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