S.Amdt. 417

SA 417. Mr. CARPER 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 appropriate place in subtitle H of title X, insert
the following:

SEC. 10__. PER- AND POLYFLUOROALKYL SUBSTANCES.

(a) Designation as Hazardous Substances.--Not later than 1
year after the date of enactment of this Act, the
Administrator of the Environmental Protection Agency shall
designate all per- and polyfluoroalkyl substances as
hazardous substances under section 102(a) of the
Comprehensive Environmental Response, Compensation, and
Liability Act of 1980 (42 U.S.C. 9602(a)).
(b) Airport Sponsors.--No sponsor (as defined in section
47102 of title 49, United States Code), including a sponsor
of the civilian portion of a joint-use airport or a shared-
use airport (as those terms are defined in section 139.5 of
title 14, Code of Federal Regulations (or successor
regulations)), shall be liable under the Comprehensive
Environmental Response, Compensation, and Liability Act of
1980 (42 U.S.C. 9601 et seq.) for the costs of responding to,
or damages from, releases to the environment of per- or
polyfluoroalkyl substances that resulted from the use of
aqueous film-forming foam, if that use was required pursuant
to, and carried out in accordance with, part 139 of title 14,
Code of Federal Regulations (as in effect on the date of
enactment of this Act).
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