S.Amdt. 1978

SA 1978. Mr. BENNET (for himself and Mr. Gardner) submitted an
amendment intended to be proposed by him 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, insert the
following:

SEC. 320. PAYMENTS TO STATES FOR THE TREATMENT OF
PERFLUOROOCTANE SULFONIC ACID AND
PERFLUOROOCTANOIC ACID IN DRINKING WATER.

(a) In General.--The Secretary of the Air Force shall pay a
local water authority located in the vicinity of an
installation of the Air Force, or 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 wells owned and operated by the local
water authority to attain the lifetime health advisory level
for such acids established by the Environmental Protection
Agency and in effect on October 1, 2017.
(b) Eligibility for Payment.--To be eligible to receive
payment under subsection (a)--
(1) a local water authority or State, as the case may be,
must--
(A) request such a payment from the Secretary of the Air
Force for reimbursable expenses not already covered under a
cooperative agreement entered into by the Secretary relating
to treatment of perfluorooctane sulfonic acid and
perfluorooctanoic acid contamination before the date on which
funding is made available to the Secretary for payments
relating to such treatment; and
(B) upon acceptance of such a payment, waive all legal
causes of action arising under chapter 171 of title 28,
United States Code (commonly known as the ``Federal Tort
Claims Act''), and any other Federal tort liability statute
for expenses for treatment and mitigation of perfluorooctane
sulfonic acid and perfluorooctanoic acid incurred before
January 1, 2018, and otherwise covered under this section;
(2) the elevated levels of perfluorooctane sulfonic acid
and perfluorooctanoic acid in the water must be the result of
activities

[[Page S3461]]

conducted by or paid for by the Department of the Air Force;
and
(3) treatment or mitigation of such acids must have taken
place during the period beginning on January 1, 2016, and
ending on the day before the date of the enactment of this
Act.
(c) Agreements.--
(1) In general.--The Secretary of the Air Force may enter
into such agreements with a local water authority or State as
the Secretary considers necessary to implement this section.
(2) Use of memorandum of agreement.--The Secretary of the
Air Force may use the applicable Defense State Memorandum of
Agreement to pay amounts under subsection (a) that would
otherwise be eligible for payment under that agreement were
those costs paid using amounts appropriated to the
Environmental Restoration Account, Air Force, established
under section 2703(a)(4) of title 10, United States Code.
(3) Payment without regard to existing agreements.--Payment
may be made under subsection (a) to a State or a local water
authority in that State without regard to existing agreements
relating to environmental response actions or indemnification
between the Department of the Air Force and that State.
(d) Limitation.--Any payment made under subsection (a) may
not exceed the actual cost of treatment of perfluorooctane
sulfonic acid and perfluorooctanoic acid resulting from the
activities conducted by or paid for by the Department of the
Air Force.
(e) Availability of Amounts.--Of the amounts authorized to
be appropriated to the Department of Defense for Operation
and Maintenance, Air Force, up to $10,000,000 shall be
available to carry out this section.
______