[Congressional Record Volume 170, Number 115 (Thursday, July 11, 2024)]
[Senate]
[Page S5043]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 2790. Mr. BROWN submitted an amendment intended to be proposed by 
him to the bill S. 4638, to authorize appropriations for fiscal year 
2025 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 C of title III, add the following:

     SEC. 324. EXPEDITED ACTION TO ADDRESS THE MIGRATION OF 
                   PERFLUOROALKYL AND POLYFLUOROALKYL SUBSTANCES 
                   FROM DEPARTMENT OF DEFENSE INSTALLATIONS AND 
                   NATIONAL GUARD FACILITIES.

       (a) In General.--The Secretary of Defense shall expedite 
     the implementation of early actions to mitigate the migration 
     of groundwater contaminated by perfluoroalkyl and 
     polyfluoroalkyl substances (in this section referred to as 
     ``PFAS'') from a source located on a military installation to 
     protect or minimize the effects on groundwater, surface 
     water, underground sources of drinking water, and sediment.
       (b) Evaluation and Assessment.--Not later than 180 days 
     after the date of the enactment of this Act, the Secretary 
     shall complete an evaluation and assessment of all covered 
     facilities where a release, or a threat of a release, of PFAS 
     has occurred that is subject to a response action under the 
     Defense Environmental Restoration Program under section 2701 
     of title 10, United States Code, to--
       (1) identify potential early actions that may be 
     implemented at such facilities to prevent or remediate the 
     release or threatened release of PFAS;
       (2) identify such facilities at which an underground source 
     of drinking water is, or may be, contaminated by a release, 
     or the threat of a release, of PFAS; and
       (3) prioritize facilities for the implementation of early 
     actions or other actions to prevent or reduce risks to human 
     health and the environment.
       (c) Public Participation.--The Secretary shall make the 
     results of an evaluation and assessment for a covered 
     facility conducted under subsection (b) available to 
     communities and individuals affected by a release, or the 
     threat of a release, of PFAS at the covered facility.
       (d) Report.--For each covered facility for which an 
     evaluation and assessment is required under subsection (b), 
     not later than 270 days after the date of the enactment of 
     this Act, the Secretary shall make publicly available on an 
     appropriate website of the Department of Defense--
       (1) a description of early actions identified by the 
     evaluation and assessment;
       (2) a description of interim remedies or other early 
     actions that have been implemented;
       (3) a list of facilities at which the migration of 
     contaminated ground water is not under control or for which 
     data are insufficient to determine whether contaminated 
     ground water migration is controlled; and
       (4) a schedule for the implementation of interim remedies 
     or other early actions.
       (e) Provision of Alternative Water to Protect Public 
     Health.--
       (1) Notice; provision of water.--Not later than 60 days 
     after the discovery of the release, or the threat of release, 
     of PFAS from a covered facility into an underground source of 
     drinking water, the Secretary shall--
       (A) provide notice pursuant to section 2705 of title 10, 
     United States Code, to the regional offices of the 
     Environmental Protection Agency and appropriate State, 
     tribal, and local authorities;
       (B) identify private and public water wells with a 
     concentration of a PFAS chemical that exceeds the maximum 
     contaminant level established pursuant to the Safe Drinking 
     Water Act (42 U.S.C. 300f et seq.); and
       (C) provide alternative water to households and communities 
     served by wells identified pursuant to paragraph (2)(B)(ii) 
     as expeditiously as possible, but in no case more than 30 
     days after the notice is required under paragraph (1).
       (2) Requirements of notice.--A notice provided under this 
     subsection shall--
       (A) be made available to the public and provided to 
     communities and households served by private and public wells 
     identified under paragraph (1)(B); and
       (B) include--
       (i) an identification of any private or public water well 
     that is affected by a release, or the threat of a release, of 
     PFAS from the covered facility;
       (ii) an identification of any private or public water well 
     with a concentration of a PFAS chemical that exceeds the 
     maximum contaminant level established pursuant to the Safe 
     Drinking Water Act (42 U.S.C. 300f et seq.); and
       (iii) a plan and schedule for the provision of safe 
     alternative water for households and communities served by 
     water wells identified under clause (ii).
       (f) Emergency Authority.--The Secretary shall expedite the 
     provision of alternative water to avoid, mitigate, or 
     eliminate an imminent and substantial endangerment to the 
     health of persons presented by a release or threatened 
     release of a pollutant or contaminant from an on-base source, 
     including the use of emergency authorities for approval of 
     contracting services and the commitment of funds.
       (g) Definitions.--In this section:
       (1) Covered facility.--The term ``covered facility'' 
     means--
       (A) a military installation, as defined in section 
     2801(c)(4) of title 10, United States Code;
       (B) a formerly used defense site; or
       (C) a National Guard facility, as defined in section 
     2700(4) of title 10, United States Code.
       (2) Formerly used defense site.--The term ``formerly used 
     defense site'' means any site formerly used by the Department 
     of Defense or the National Guard eligible for environmental 
     restoration by the Secretary of Defense funded under the 
     ``Environmental Restoration Account, Formerly Used Defense 
     Sites'' account established under section 2703(a)(5) of title 
     10, United States Code.
       (3) Underground source of drinking water.--The term 
     ``underground source of drinking water'' has the meaning 
     given such term in section 144.3 of title 40, Code of Federal 
     Regulations, or any successor regulation.
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