To make available from Operation and Maintenance, Air Force and Operation and Maintenance, Air National Guard $45,000,000 for payments to local water authorities and States for treatment of certain acids in drinking water as a result of Air Force-supported activities.

SA 3981. Mrs. GILLIBRAND (for herself, Mr. Rounds, Mr. Schumer, Mr.
Manchin, Mrs. Capito, Mr. Bennet, Ms. Warren, and Mr. Gardner)
submitted an amendment intended to be proposed to amendment SA 3695
proposed by Mr. Shelby to the bill H.R. 6157, making appropriations for
the Department of Defense for the fiscal year ending September 30,
2019, and for other purposes; which was ordered to lie on the table; as
follows:

At the appropriate place in title VIII of division A,
insert the following:
Sec. ___.  Of the funds appropriated to the Department of
Defense under the headings ``Operation and Maintenance, Air
Force'' and ``Operation and Maintenance, Air National
Guard'', not more than $45,000,000 shall be available to the
Secretary of the Air Force for payments to a local water
authority located in the vicinity of an Air Force or Air
National Guard base (including a base not Federally-owned),
or to 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 water
source and/or wells owned and operated by the local water
authority undertaken to attain the Environmental Protection
Agency Lifetime Health Advisory level for such acids:
Provided, That the applicable Lifetime Health Advisory shall
be the one in effect on the date of the enactment of this
Act: Provided further, That the local water authority or
State must have requested such a payment from the Air Force
or National Guard Bureau not later than the date that is 120
days after the date of the enactment of this Act: Provided
further, That the elevated levels of such acids in the water
was the result of activities conducted by or paid for by the
Department of the Air Force or the Air National Guard:
Provided further, That such funds may be expended without
regard to existing contractual provisions in agreements
between the Department of the Air Force or the National Guard
Bureau, as the case may be, and the State in which the base
is located relating to environmental response actions or
indemnification: Provided further, That, in order to be
eligible for payment under this section, such treatment must
have taken place after January 1, 2016, and the local water
authority or State, as the case may be, must waive all claims
for treatment expenses incurred before such date: Provided
further, That any payment under this section may not exceed
the actual cost of such treatment resulting from the
activities conducted by or paid for by the Department of the
Air Force: Provided further, That the Secretary may enter
into such agreements with the local water authority or State
as may be necessary to implement this section: Provided
further, That the Secretary may pay, utilizing the Defense
State Memorandum of Agreement, costs that would otherwise be
eligible for payment under that agreement were those costs
paid using funds appropriated to the Environmental
Restoration Account, Air Force, established under section
2703(a)(4) of title 10, United States Code.
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