S.Amdt. 2886

SA 2886. Ms. STABENOW (for herself, Mr. Tillis, Mr. Peters, Mr. Burr,
Mr. Carper, Ms. Cantwell, and Ms. Hassan) submitted an amendment
intended to be proposed to amendment SA 2282 proposed by Mr. Inhofe
(for himself and Mr. McCain) to the bill H.R. 5515, to authorize
appropriations for fiscal year 2019 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. 316. COOPERATIVE AGREEMENTS WITH STATES FOR REMOVAL AND
REMEDIAL ACTIONS TO ADDRESS DRINKING, SURFACE,
AND GROUND WATER CONTAMINATION FROM PFAS.

(a) Definitions.--In this section:
(1) The term ``perfluorinated compound'' means
perfluoroalkyl and polyfluoroalkyl substances (PFAS) that are
man-made chemicals with at least one fully fluorinated carbon
atom.
(2) The term ``fully fluorinated carbon atom'' means a
carbon atom on which all the hydrogen substituents have been
replaced by fluorine.
(3) The term ``State'' has the meaning given the term in
section 101 of the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980 (42 U.S.C. 9601).
(b) Cooperative Agreement.--
(1) In general.--Upon request from the governor or chief
executive of a State, the Department of Defense shall work
expeditiously to finalize a cooperative agreement for, or
amend an existing cooperative agreement to address, testing,
monitoring, removal, and remedial actions to address
contamination or suspected contamination of drinking,
surface, or ground water from PFAS originating from an active
or decommissioned military installation, including a National
Guard facility.
(2) Minimum standards.--A cooperative agreement finalized
or amended under paragraph (1) shall meet or exceed the most
stringent of the following standards for PFAS in any
environmental media:
(A) An enforceable State standard, in effect in that State,
for drinking, surface, or ground water, as required under
section 121(d) of the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980 (42 U.S.C. 4621(d)).
(B) Federal Health Advisories issued by the Environmental
Protection Agency.
(C) Any Federal standards, requirements, criteria, or
limits, including those issued under the Toxic Substances
Control Act (15 U.S.C. 2601 et seq.), the Safe Drinking Water
Act (42 U.S.C. 300f et seq.), the Clean Air Act (42 U.S.C.
7401 et seq.), the Clean Water Act (33 U.S.C. 1251 et seq.),
the Marine Protection, Research and Sanctuaries Act (16
U.S.C. 1431 et seq., 1447 et seq., 33 U.S.C. 1401 et seq.,
2801 et seq.), or the Solid Waste Disposal Act (42 U.S.C.
6901 et seq.).
(c) Notification Requirement.--
(1) In general.--If a cooperative agreement is not reached
or amended pursuant to subsection (b) within one year after
the request from a State, the Secretary of Defense shall
report to the appropriate congressional committees, as well
as the Senators from the State with the contamination and the
member of Congress representing the district with the PFAS
contamination. The report shall provide a detailed
explanation for why an agreement has not been reached or
amended and a projected timeline for completing or amending
the cooperative agreement, as applicable.
(2) Appropriate congressional committees defined.--In this
subsection, the term ``appropriate congressional committees''
means--
(A) the Committee on Armed Services and the Committee on
Environment and Public Works of the Senate; and
(B) the Committee on Armed Services and the Committee on
Energy and Commerce of the House of Representatives.
______