,,ii #aafth ,,congress #ast ,session ,s4 #fge ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,march #f1 #bjai ,mr4 ,udall 7for himself and ,mr4 ,heinrich7 introduced the following bill2 which was read twice and referred to the ,committee on ,armed ,services ,a ,,bill ,to authorize the ,department of ,defense to temporarily provide water uncontaminated with perfluorooctanoic acid 7,,pfoa7 and perfluorooctane sulfonate 7,,pfos7 for agricultural purposes to areas affected by contamination from military installations1 and to authorize the ,secretary of the ,air ,force to acquire real property to extend the contiguous geographic footprint of any ,air ,force base that has shown signs of contamination from ,,pfoa and ,,pfos due to activities on the base1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,prompt and ,fast ,action to ,stop ,damages ,act of #bjai4 #b4 ,definitions ,in this ,act3 7#a7 ,,pfas ,the term ,,pfas means perfluoroalkyl and polyfluoroalkyl substances4 7#b7 ,,pfoa ,the term ,,pfoa means perfluorooctanoic acid4 7#c7 ,,pfos ,the term ,,pfos means perfluorooctane sulfonate4 #c4 ,findings and sense of ,congress 7a7 ,findings ,congress finds the following3 7#a7 ,,pfas have been manufactured and used in a variety of industries around the world1 including in the ,united ,states since the #aidjs4 7#b7 ,,pfas are found in many consumer products like cookware1 food packaging1 and stain repellants4 7#c7 ,,pfas manufacturing and processing facilities and airports and military installations that use firefighting foams are some of the main sources of ,,pfas contamination in large concentrations that can lead to human exposure4 7#d7 ,there is evidence that exposure to ,,pfas can lead to adverse health effects in humans4 7#e7 ,,pfas are a group of man-made chemicals that includes ,,pfoa and ,,pfos4 7#f7 ,,pfoa and ,,pfos have been the most extensively produced and studied of the ,,pfas chemicals4 7#g7 ,,pfoa and ,,pfos are very persistent in the environment and in the human body1 meaning they do not break down and can accumulate over time4 7#h7 ,studies indicate that ,,pfoa and ,,pfos can cause reproductive and developmental1 liver and kidney1 and immunological effects in laboratory animals4 7#i7 ,the ,environmental ,protection ,agency is beginning the necessary steps-- 7,a7 to propose designating ,,pfoa and ,,pfos as hazardous substances through one of the available statutory mechanisms1 including section #ajb of the ,comprehensive ,environmental ,response1 ,compensation1 and ,liability ,act of #aihj 7#db ,u4,s4,c4 #ifjb72 and 7,b7 to set a maximum contaminant level under the ,safe ,drinking ,water ,act 7#db ,u4,s4,c4 #cjj;f et seq474 7#aj7 ,in the #aigjs1 the ,air ,force began purchasing and using aqueous film-forming foam containing ,,pfoa and ,,pfos for extinguishing petroleum fires and during firefighting training activities4 7#aa7 ,the ,air ,force has used a proactive1 comprehensive approach to identify installations where aqueous film-forming foam containing ,,pfoa or ,,pfos has been used and there is a suspected release that may impact drinking water and expose humans to ,,pfoa and ,,pfos4 7#ab7 ,the ,air ,force uses authorities granted under the ,comprehensive ,environmental ,response1 ,compensation1 and ,liability ,act of #aihj 7#db ,u4,s4,c4 #ifja et seq47 and the ,defense ,environmental ,restoration ,program under chapter #afj of title #aj1 ,united ,states ,code1 to ensure that no one is drinking water containing unacceptable levels of ,,pfoa or ,,pfos due to ,air ,force activities4 7#ac7 ,the ,air ,force provides alternative sources of drinking water1 including filters or connections to public utilities1 to provide longer-term assurances that individuals are not drinking water containing unacceptable levels of ,,pfoa or ,,pfos4 7#ad7 ,the ,air ,force asserts that authorities under the ,comprehensive ,environmental ,response1 ,compensation1 and ,liability ,act of #aihj 7#db ,u4,s4,c4 #ifja et seq47 do not extend to the provision of clean water for livestock or agricultural purposes4 7#ae7 ,livestock and agriculture are produced for human consumption in items such as milk and dairy and provide a direct pathway for human exposure to ,,pfoa and ,,pfos4 7#af7 ,under section #fcd of the ,departments of ,commerce1 ,justice1 and ,state1 the ,judiciary1 and ,related ,agencies ,appropriations ,act1 #aiih 7,public ,law #aje-aai2 #aaa ,stat4 #bebe71 the ,department of ,defense was authorized to use available funds to compensate cranberry growers adjacent to the ,massachusetts ,military ,reservation1 ,cape ,code1 ,massachusetts1 for commercial loss of crops in #aiig due to the presence of ethylene dibromide in groundwater1 demonstrating previous recognition by ,congress of the need to provide compensation for damages associated with chemical releases at military installations4 7b7 ,sense of ,congress ,it is the sense of ,congress that ,congress-- 7#a7 supports temporary1 explicit1 authority for the ,department of ,defense to address indirect pathways to human exposure from ,,pfoa and ,,pfos until such time as the ,federal agencies with oversight over agricultural products and food have established regulatory standards2 and 7#b7 supports the designation by the ,environmental ,protection ,agency of ,,pfas as hazardous chemicals4 #d4 ,provision of water uncontaminated with perfluorooctanoic acid 7,,pfoa7 and perfluorooctane sulfonate 7,,pfos7 for agricultural purposes 7a7 ,authority 7#a7 ,in general ,using amounts appropriated or otherwise made available for operation and maintenance for the military department concerned1 or for operation and maintenance ,defense-wide in the case of the ,secretary of ,defense1 the ,secretary concerned may provide water sources uncontaminated with perfluoroalkyl and polyfluoroalkyl substances1 including ,,pfoa and ,,pfos1 or treatment of contaminated waters1 for agricultural purposes used to produce products destined for human consumption in an area in which a water source has been determined pursuant to paragraph 7#b7 to be contaminated with such compounds by reason of activities on a military installation under the jurisdiction of the ,secretary concerned4 7#b7 ,applicable standard ,for purposes of paragraph 7#a71 an area is determined to be contaminated with ,,pfoa or ,,pfos if-- 7,a7 the level of contamination is above the ,lifetime ,health ,advisory for contamination with such compounds issued by the ,environmental ,protection ,agency and printed in the ,federal ,register on ,may #be1 #bjaf2 or 7,b7 on or after the date the ,food and ,drug ,administration sets a standard for ,,pfoa and ,,pfos in raw agricultural commodities and milk1 the level of contamination is above such standard4 7b7 ,secretary concerned defined ,in this section1 the term ,secretary concerned means the following3 7#a7 ,the ,secretary of the ,army1 with respect to the ,army4 7#b7 ,the ,secretary of the ,navy1 with respect to the ,navy1 the ,marine ,corps1 and the ,coast ,guard 7when it is operating as a service in the ,navy74 7#c7 ,the ,secretary of the ,air ,force1 with respect to the ,air ,force4 7#d7 ,the ,secretary of ,defense1 with respect to the ,defense ,agencies4 #e4 ,acquisition of real property by ,air ,force 7a7 ,authority 7#a7 ,in general ,the ,secretary of the ,air ,force may acquire one or more parcels of real property within the vicinity of an ,air ,force base that has shown signs of contamination from ,,pfoa and ,,pfos due to activities on the base and which would extend the contiguous geographic footprint of the base and increase the force protection standoff near critical infrastructure and runways4 7#b7 ,improvements and personal property ,the authority under paragraph 7#a7 to acquire real property described in that paragraph shall include the authority to purchase improvements and personal property located on that real property4 7#c7 ,relocation expenses ,the authority under paragraph 7#a7 to acquire real property described in that paragraph shall include the authority to provide ,federal financial assistance for moving costs1 relocation benefits1 and other expenses incurred in accordance with the ,uniform ,relocation ,assistance and ,real ,property ,acquisition ,policies ,act of #aigj 7#db ,u4,s4,c4 #dfja et seq474 7b7 ,environmental activities ,the ,air ,force shall conduct such activities at a parcel or parcels of real property acquired under subsection 7a7 as are necessary to remediate contamination from ,,pfoa and ,,pfos related to activities at the ,air ,force base4 7c7 ,funding ,funds for the land acquisitions authorized under subsection 7a7 shall be derived from amounts appropriated for fiscal year #bjbj for military construction or unobligated balances available for military construction4 7d7 ,rule of construction ,the authority under this section constitutes authority to carry out land acquisitions for purposes of section #bhjb of title #aj1 ,united ,states ,code4 #f4 ,remediation plan 7a7 ,in general ,not later than #ahj days after the date of the enactment of this ,act1 the ,secretary of ,defense shall submit to ,congress a remediation plan for cleanup of all water at or adjacent to a military base that is contaminated with ,,pfoa or ,,pfos4 7b7 ,study ,in preparing the remediation plan under subsection 7a71 the ,secretary shall conduct a study on the contamination of water at military bases with ,,pfoa or ,,pfos4 7c7 ,budget amount ,the ,secretary shall ensure that each budget of the ,president submitted to ,congress under section #aaje7;a7 of title #ca1 ,united ,states ,code1 requests funding in amounts necessary to address remediation efforts under the remediation plan submitted under subsection 7a74