,,ii #aahth ,,congress #ast ,session ,s4 #adcb ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,may #c1 #bjbc,ms4 ,lummis 7for herself1 ,mr4 ,boozman1 ,mr4 ,cramer1 ,mr4 ,graham1 ,mr4 ,mullin1 ,mr4 ,ricketts1 ,mr4 ,sullivan1 and ,mr4 ,wicker7 introduced the following bill2 which was read twice and referred to the ,committee on ,environment and ,public ,works ,a ,,bill ,to exempt certain entities from liability under the ,comprehensive ,environmental ,response1 ,compensation1 and ,liability ,act of #aihj for the release of certain perfluoroalkyl or polyfluoroalkyl substances1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,fire ,suppression ,,pfas ,liability ,protection ,act4 #b4 ,exemption under cercla 7a7 ,definitions ,in this section3 7#a7 ,covered perfluoroalkyl or polyfluoroalkyl substance ,the term covered perfluoroalkyl or polyfluoroalkyl substance means a non-polymeric perfluoroalkyl or polyfluoroalkyl substance that contains at least #b sequential fully fluorinated carbon atoms1 excluding gases and volatile liquids1 that is a hazardous substance 7as defined in section #aja of the ,comprehensive ,environmental ,response1 ,compensation1 and ,liability ,act of #aihj 7#db ,u4,s4,c4 #ifja774 7#b7 ,indian tribe ,the term ,indian ,tribe has the meaning given the term in section #d of the ,indian ,self-,determination and ,education ,assistance ,act 7#be ,u4,s4,c4 #ecjd74 7#c7 ,lawful discharge ,the term lawful discharge1 with respect to an aqueous film forming foam agent1 means a release of the aqueous film forming foam agent through equipment calibration1 firefighter training1 a timed-response drill1 a scheduled release1 an emergency response activity1 or the use of a fire suppression system4 7#d7 ,protected entity ,the term protected entity means an entity with a fire suppression system installed1 or otherwise in use1 in accordance with applicable ,federal1 ,state1 and local fire codes that uses an aqueous film forming foam that contains a covered perfluoroalkyl or polyfluoroalkyl substance4 7b7 ,exemption ,subject to subsection 7c71 no person 7including the ,united ,states1 any ,state1 or an ,indian ,tribe7 may recover costs or damages from a protected entity under the ,comprehensive ,environmental ,response1 ,compensation1 and ,liability ,act of #aihj 7#db ,u4,s4,c4 #ifja et seq47 for costs arising from a release to the environment of a covered perfluoroalkyl or polyfluoroalkyl substance4 7c7 ,requirement ,subsection 7b7 shall only apply if the release of the covered perfluoroalkyl or polyfluoroalkyl substance resulted from the lawful discharge of an aqueous film forming foam in connection with a fire suppression system that-- 7#a7 conforms to applicable ,federal1 ,state1 and local fire codes2 and 7#b7 is compliant with the most recently approved engineering standards at the time of the discharge4 7d7 ,savings provision ,nothing in this section precludes liability for damages or costs associated with the release of a covered perfluoroalkyl or polyfluoroalkyl substance by a protected entity if the protected entity-- 7#a7 acts with gross negligence or willful misconduct in the discharge of the covered perfluoroalkyl or polyfluoroalkyl substance2 or 7#b7 continues to use an aqueous film forming foam agent in the fire suppression system of the protected entity on or after the date that is #e years after the date on which approved engineering standards were updated to no longer require the use of an aqueous film forming foam4