S.Amdt. 408

SA 408. Mr. BENNET submitted an amendment intended to be proposed by
him to the bill S. 1790, to authorize appropriations for fiscal year
2020 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. 324. 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) have requested such a payment from the Secretary of the
Air Force before the earlier of the date on which--
(i) cooperative agreements relating to treatment of
perfluorooctane sulfonic acid and perfluorooctanoic acid
contamination were entered into by the Secretary; or
(ii) funding was made available to the Secretary for
payments relating to such treatment; and
(B) waive all claims for expenses for treatment of
perfluorooctane sulfonic acid and perfluorooctanoic acid
incurred before the date of the enactment of this Act;
(2) the elevated levels of perfluorooctane sulfonic acid
and perfluorooctanoic acid in the water must be the result of
activities 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.

[[Page S3492]]

(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 appropriated
to the Department of Defense for Operation and Maintenance,
Air Force, $10,000,000 shall be available to carry out this
section.
______