S.Amdt. 2790

SA 2790. Mr. BROWN submitted an amendment intended to be proposed by
him to the bill S. 4638, to authorize appropriations for fiscal year
2025 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 C of title III, add the following:

SEC. 324. EXPEDITED ACTION TO ADDRESS THE MIGRATION OF
PERFLUOROALKYL AND POLYFLUOROALKYL SUBSTANCES
FROM DEPARTMENT OF DEFENSE INSTALLATIONS AND
NATIONAL GUARD FACILITIES.

(a) In General.--The Secretary of Defense shall expedite
the implementation of early actions to mitigate the migration
of groundwater contaminated by perfluoroalkyl and
polyfluoroalkyl substances (in this section referred to as
``PFAS'') from a source located on a military installation to
protect or minimize the effects on groundwater, surface
water, underground sources of drinking water, and sediment.
(b) Evaluation and Assessment.--Not later than 180 days
after the date of the enactment of this Act, the Secretary
shall complete an evaluation and assessment of all covered
facilities where a release, or a threat of a release, of PFAS
has occurred that is subject to a response action under the
Defense Environmental Restoration Program under section 2701
of title 10, United States Code, to--
(1) identify potential early actions that may be
implemented at such facilities to prevent or remediate the
release or threatened release of PFAS;
(2) identify such facilities at which an underground source
of drinking water is, or may be, contaminated by a release,
or the threat of a release, of PFAS; and
(3) prioritize facilities for the implementation of early
actions or other actions to prevent or reduce risks to human
health and the environment.
(c) Public Participation.--The Secretary shall make the
results of an evaluation and assessment for a covered
facility conducted under subsection (b) available to
communities and individuals affected by a release, or the
threat of a release, of PFAS at the covered facility.
(d) Report.--For each covered facility for which an
evaluation and assessment is required under subsection (b),
not later than 270 days after the date of the enactment of
this Act, the Secretary shall make publicly available on an
appropriate website of the Department of Defense--
(1) a description of early actions identified by the
evaluation and assessment;
(2) a description of interim remedies or other early
actions that have been implemented;
(3) a list of facilities at which the migration of
contaminated ground water is not under control or for which
data are insufficient to determine whether contaminated
ground water migration is controlled; and
(4) a schedule for the implementation of interim remedies
or other early actions.
(e) Provision of Alternative Water to Protect Public
Health.--
(1) Notice; provision of water.--Not later than 60 days
after the discovery of the release, or the threat of release,
of PFAS from a covered facility into an underground source of
drinking water, the Secretary shall--
(A) provide notice pursuant to section 2705 of title 10,
United States Code, to the regional offices of the
Environmental Protection Agency and appropriate State,
tribal, and local authorities;
(B) identify private and public water wells with a
concentration of a PFAS chemical that exceeds the maximum
contaminant level established pursuant to the Safe Drinking
Water Act (42 U.S.C. 300f et seq.); and
(C) provide alternative water to households and communities
served by wells identified pursuant to paragraph (2)(B)(ii)
as expeditiously as possible, but in no case more than 30
days after the notice is required under paragraph (1).
(2) Requirements of notice.--A notice provided under this
subsection shall--
(A) be made available to the public and provided to
communities and households served by private and public wells
identified under paragraph (1)(B); and
(B) include--
(i) an identification of any private or public water well
that is affected by a release, or the threat of a release, of
PFAS from the covered facility;
(ii) an identification of any private or public water well
with a concentration of a PFAS chemical that exceeds the
maximum contaminant level established pursuant to the Safe
Drinking Water Act (42 U.S.C. 300f et seq.); and
(iii) a plan and schedule for the provision of safe
alternative water for households and communities served by
water wells identified under clause (ii).
(f) Emergency Authority.--The Secretary shall expedite the
provision of alternative water to avoid, mitigate, or
eliminate an imminent and substantial endangerment to the
health of persons presented by a release or threatened
release of a pollutant or contaminant from an on-base source,
including the use of emergency authorities for approval of
contracting services and the commitment of funds.
(g) Definitions.--In this section:
(1) Covered facility.--The term ``covered facility''
means--
(A) a military installation, as defined in section
2801(c)(4) of title 10, United States Code;
(B) a formerly used defense site; or
(C) a National Guard facility, as defined in section
2700(4) of title 10, United States Code.
(2) Formerly used defense site.--The term ``formerly used
defense site'' means any site formerly used by the Department
of Defense or the National Guard eligible for environmental
restoration by the Secretary of Defense funded under the
``Environmental Restoration Account, Formerly Used Defense
Sites'' account established under section 2703(a)(5) of title
10, United States Code.
(3) Underground source of drinking water.--The term
``underground source of drinking water'' has the meaning
given such term in section 144.3 of title 40, Code of Federal
Regulations, or any successor regulation.
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