S.Amdt. 3892

SA 3892. Mrs. GILLIBRAND submitted an amendment intended to be

[[Page S7379]]

proposed to amendment SA 3867 submitted by Mr. Reed and intended to be
proposed to the bill H.R. 4350, to authorize appropriations for fiscal
year 2022 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 D of title III, add the following:

SEC. 356. STANDARDS FOR RESPONSE ACTIONS WITH RESPECT TO
CONTAMINATION FROM PFAS.

(a) In General.--In conducting response actions to address
PFAS contamination from activities of the Department of
Defense or National Guard, the Secretary of Defense shall
conduct such actions to achieve a level of PFAS in the
environmental media that meets or exceeds the most stringent
of the following standards for PFAS in any environmental
media:
(1) The applicable State standard, in effect in that State,
as described in clause (ii) of section 121(d)(2)(A) of the
Comprehensive Environmental Response, Compensation, and
Liability Act of 1980 (42 U.S.C. 9621(d)(2)(A)).
(2) The applicable Federal standard as described in clause
(i) of such section.
(3) A health advisory under section 1412(b)(1)(F) of the
Safe Drinking Water Act (42 U.S.C. 300g-1(b)(1)(F)).
(b) Definitions.--In this section:
(1) PFAS.--The term ``PFAS'' means a perfluoroalkyl or
polyfluoroalkyl substance with at least one fully fluorinated
carbon atom.
(2) Response action.--The term ``response action'' means an
action taken pursuant to section 104 of the Comprehensive
Environmental Response, Compensation, and Liability Act of
1980 (42 U.S.C. 9604).
(c) Savings Clause.--Except with respect to the specific
level required to be met under subsection (a), nothing in
this section affects the application of the Comprehensive
Environmental Response, Compensation, and Liability Act of
1980 (42 U.S.C. 9601 et seq.).
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