S.Amdt. 1754

SA 1754. Mrs. GILLIBRAND (for herself, Mr. Schumer, and Ms.
Duckworth) submitted an amendment intended to be proposed by her to the
bill S. 4049, to authorize appropriations for fiscal year 2021 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. 3__. MORATORIUM ON INCINERATION BY DEPARTMENT OF DEFENSE
OF PERFLUOROALKYL SUBSTANCES, POLYFLUOROALKYL
SUBSTANCES, AND AQUEOUS FILM FORMING FOAM.

(a) In General.--On and after the date of the enactment of
this Act, the Secretary of Defense shall prohibit the
incineration of materials containing perfluoroalkyl
substances, polyfluoroalkyl substances, or aqueous film
forming foam until final guidance has been published by the
Secretary--
(1) implementing, for the Department of Defense, the
interim guidance published by the Administrator of the
Environmental Protection Agency under section 7361 of the
National Defense Authorization Act for Fiscal Year 2020
(Public Law 116-92); or
(2) that is consistent with such interim guidance.
(b) Written Assurance of Compliance.--After the publication
of final guidance by the Secretary as described in subsection
(a), the Secretary shall require any owner or operator of an
incinerator accepting from the Department materials
containing perfluoroalkyl substances, polyfluoroalkyl
substances, or aqueous film forming foam for incineration to
provide to the Secretary a written assurance that it can
fully comply with the requirements of section 330 of the
National Defense Authorization Act for Fiscal Year 2020
(Public Law 116-92) before accepting any such materials.
(c) Report.--Not later than one year after the publication
of final guidance by the Secretary as described in subsection
(a), and annually thereafter, the Secretary shall submit to
the Administrator of the Environmental Protection Agency a
report on all incineration by the Department of materials
containing perfluoroalkyl substances, polyfluoroalkyl
substances, or aqueous film forming foam during the year
covered by the report, including--
(1) the total amount of such materials incinerated; and
(2) the temperature range at which such materials were
incinerated.
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