Floor SpeechUrgent2026-06-24

Text of Senate Amendment 6429

EnvironmentDefenseInfrastructure

Context

On 2026-06-24, Senator Pete Ricketts (R-NE) delivered a floor speech titled "Text Of Senate Amendment 6429" in the Senate.

Full Text

Text of Senate Amendment 6429

Congressional Record, Volume 172 Issue 106 (Wednesday, June 24, 2026) [Congressional Record Volume 172, Number 106 (Wednesday, June 24, 2026)] [Senate] [Pages S3550-S3551] From the Congressional Record Online through the Government Publishing Office [ www.gpo.gov ] SA 6429. Mr. RICKETTS submitted an amendment intended to be proposed by him to the bill S. 4784, to authorize appropriations for fiscal year 2027 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 title X, insert the following: SEC. 1___. EXEMPTIONS FROM CERCLA LIABILITY FOR RELEASES OF PFAS. (a) Definitions.--In this section: (1) Agricultural producer.--The term ``agricultural producer'' means a person engaged in the production or harvesting of agricultural products (as defined in section 207 of the Agricultural Marketing Act of 1946 (7 U.S.C. 1626)). (2) Compost.--The term ``compost'' has the meaning given the term in section 205.2 of title 7, Code of Federal Regulations (or a successor regulation). (3) Covered perfluoroalkyl or polyfluoroalkyl substance.-- The term ``covered perfluoroalkyl or polyfluoroalkyl substance'' means a non-polymeric perfluoroalkyl or polyfluoroalkyl substance that contains at least 2 sequential fully fluorinated carbon atoms, excluding gases and volatile liquids, that is a hazardous substance (as defined in section 101 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601)). (4) Fire suppression entity.--The term ``fire suppression entity'' means an entity with a fire suppression system installed, or otherwise in use, in accordance with applicable Federal, State, and local fire codes that uses an aqueous film forming foam that contains a covered perfluoroalkyl or polyfluoroalkyl substance. (5) Indian tribe.--The term ``Indian Tribe'' has the meaning given the term in section 4 of the Indian Self- Determination and Education Assistance Act (25 U.S.C. 5304). (6) Lawful discharge.--The term ``lawful discharge'', with respect to an aqueous film forming foam agent, means a release of the aqueous film forming foam agent through equipment calibration, firefighter training, a timed-response drill, a scheduled release, an emergency response activity, or the use of a fire suppression system. (7) Resource management entity.--The term ``resource management entity'' means an owner or operator (as defined in section 101 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601)) of-- (A) a solid waste management facility (as defined in section 1004 of the Solid Waste Disposal Act (42 U.S.C. 6903)); or (B) a facility that processes compost for sale or distribution to the public. (8) Sponsor.--The term ``sponsor'' has the meaning given the term in section 47102 of title 49, United States Code. (9) Water or wastewater entity.--The term ``water or wastewater entity'' means-- (A) a public water system (as defined in section 1401 of the Safe Drinking Water Act (42 U.S.C. 300f)); (B) a publicly or privately owned or operated treatment works (as defined in section 212 of the Federal Water Pollution Control Act (33 U.S.C. 1292)); (C) a municipality to which a permit under section 402 of the Federal Water Pollution Control Act (33 U.S.C. 1342) is issued for stormwater discharges; (D) a political subdivision of a State or a special district of a State acting as a wholesale water agency; and (E) a contractor performing the management or disposal activities described in subsection (b)(2)(D) for an entity described in any of subparagraphs (A) through (D). (b) Exemption for Fire Suppression Entities, Resource Management Entities, Sponsors, and Water or Wastewater Entities.-- (1) In general.--Subject to paragraph (2), no person (including the United States, any State, or an Indian Tribe) may recover costs or damages from a fire suppression entity, a resource management entity, a sponsor, 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 a successor regulation)), or a water or wastewater entity, or compel a resource management entity to conduct or participate in a removal or response action, under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et seq.) for costs of responding to, abating, removing, remediating, or other damages or costs arising from a release or threatened release to the environment of a covered perfluoroalkyl or polyfluoroalkyl substance. (2) Requirements.--Paragraph (1) shall only apply under the following circumstances: (A) Fire suppression entities.--In the case of a release or threatened release of a covered perfluoroalkyl or polyfluoroalkyl substance by a fire suppression entity, if the release or threatened release resulted from the lawful discharge of an aqueous film forming foam in connection with a fire suppression system that-- (i) conforms to applicable Federal, State, and local fire codes; and (ii) is compliant with the most recently approved engineering standards at the time of the discharge. (B) Resource management entities.--In the case of a release or threatened release of a covered perfluoroalkyl or polyfluoroalkyl substance by a resource management entity, if the release or threatened release resulted from-- (i) the disposal, management, transportation, processing, treatment, generation, or arrangement for disposal of any residuals or byproduct of municipal solid waste (including landfill leachate) in accordance with a permit, registration, license, regulation, or authorization issued under the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.), the Solid Waste Disposal Act (42 U.S.C. 6901 et seq.), or similar State or local authority; [[Page S3551]] (ii) the disposal or management of biosolids consistent with section 405 of the Federal Water Pollution Control Act (33 U.S.C. 1345); or (iii) the application or processing of compost in accordance with State law. (C) Sponsors.--In the case of a release or threatened release of a covered perfluoroalkyl or polyfluoroalkyl substance by a sponsor-- (i) if the release or threatened release resulted from the use of an aqueous film forming foam; and (ii) if the use described in clause (i) was-- (I) required by the Federal Aviation Administration for compliance with part 139 of title 14, Code of Federal Regulations (or successor regulations); and (II) carried out in accordance with Federal Aviation Administration standards and guidance on the use of that substance. (D) Water or wastewater entities.--In the case of a release or threatened release of a covered perfluoroalkyl or polyfluoroalkyl substance by a water or wastewater entity, if the water or wastewater entity transported, treated, disposed of, or arranged for the transport, treatment, or disposal of the covered perfluoroalkyl or polyfluoroalkyl substance-- (i) in a manner consistent with all applicable laws at the time the activity was carried out; and (ii) during and following the conveyance or treatment of water under Federal or State law, including through-- (I) the management or disposal of biosolids consistent with section 405 of the Federal Water Pollution Control Act (33 U.S.C. 1345); (II) the discharge of effluent in accordance with a permit issued under section 402 of the Federal Water Pollution Control Act (33 U.S.C. 1342); (III) the release or disposal of water treatment residuals or any other byproduct of drinking water or wastewater treatment activities, such as granulated activated carbon, filter media, and processed waste streams; or (IV) the conveyance or storage of water for the purpose of conserving or reclaiming the water for water supply. (c) Exemption for Agricultural Producers.--No person (including the United States, any State, or an Indian Tribe) may recover costs or damages from an agricultural producer under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et seq.) for costs of responding to, abating, removing, remediating, or other damages or costs arising from a release or threatened release to the environment of a covered perfluoroalkyl or polyfluoroalkyl substance. (d) Savings Provision.--Nothing in this section precludes liability for damages or costs associated with the release or threatened release of a covered perfluoroalkyl or polyfluoroalkyl substance by-- (1) an agricultural producer, a resource management entity, or a water or wastewater entity if the agricultural producer, resource management entity, or water or wastewater entity acted with gross negligence or willful misconduct in the discharge, disposal, management, conveyance, storage, transportation, processing, treatment, generation, or arrangement for disposal of the covered perfluoroalkyl or polyfluoroalkyl substance; (2) a fire suppression entity if the fire suppression entity-- (A) acted with gross negligence or willful misconduct in the discharge of the covered perfluoroalkyl or polyfluoroalkyl substance; or (B) continues to use an aqueous film forming foam agent in the fire suppression system of the fire suppression entity on or after the date that is 5 years after the date on which approved engineering standards were updated to no longer require the use of an aqueous film forming foam; or (3) a sponsor if the sponsor acted with gross negligence or willful misconduct in the use of an aqueous film forming foam. ______

View original source →

Text of Senate Amendment 6429 Congressional Record, Volume 172 Issue 106 (Wednesday, June 24, 2026) [Congressional Record Volume 172, Number 106 (Wednesday, June 24, 2026)] [Senate] [Pages S3550-S3551] From the Congressional Record Online through the Government Publishing Office [ www.gpo.gov ] SA 6429. Mr. RICKETTS submitted an amendment intended to be proposed by him to the bill S. 4784, to authorize appropriations for fiscal year 2027 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 title X, insert the following: SEC. 1___. EXEMPTIONS FROM CERCLA LIABILITY FOR RELEASES OF PFAS. (a) Definitions.--In this section: (1) Agricultural producer.--The term ``agricultural producer'' means a person engaged in the production or harvesting of agricultural products (as defined in section 207 of the Agricultural Marketing Act of 1946 (7 U.S.C. 1626)). (2) Compost.--The term ``compost'' has the meaning given the term in section 205.2 of title 7, Code of Federal Regulations (or a successor regulation). (3) Covered perfluoroalkyl or polyfluoroalkyl substance.-- The term ``covered perfluoroalkyl or polyfluoroalkyl substance'' means a non-polymeric perfluoroalkyl or polyfluoroalkyl substance that contains at least 2 sequential fully fluorinated carbon atoms, excluding gases and volatile liquids, that is a hazardous substance (as defined in section 101 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601)). (4) Fire suppression entity.--The term ``fire suppression entity'' means an entity with a fire suppression system installed, or otherwise in use, in accordance with applicable Federal, State, and local fire codes that uses an aqueous film forming foam that contains a covered perfluoroalkyl or polyfluoroalkyl substance. (5) Indian tribe.--The term ``Indian Tribe'' has the meaning given the term in section 4 of the Indian Self- Determination and Education Assistance Act (25 U.S.C. 5304). (6) Lawful discharge.--The term ``lawful discharge'', with respect to an aqueous film forming foam agent, means a release of the aqueous film forming foam agent through equipment calibration, firefighter training, a timed-response drill, a scheduled release, an emergency response activity, or the use of a fire suppression system. (7) Resource management entity.--The term ``resource management entity'' means an owner or operator (as defined in section 101 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601)) of-- (A) a solid waste management facility (as defined in section 1004 of the Solid Waste Disposal Act (42 U.S.C. 6903)); or (B) a facility that processes compost for sale or distribution to the public. (8) Sponsor.--The term ``sponsor'' has the meaning given the term in section 47102 of title 49, United States Code. (9) Water or wastewater entity.--The term ``water or wastewater entity'' means-- (A) a public water system (as defined in section 1401 of the Safe Drinking Water Act (42 U.S.C. 300f)); (B) a publicly or privately owned or operated treatment works (as defined in section 212 of the Federal Water Pollution Control Act (33 U.S.C. 1292)); (C) a municipality to which a permit under section 402 of the Federal Water Pollution Control Act (33 U.S.C. 1342) is issued for stormwater discharges; (D) a political subdivision of a State or a special district of a State acting as a wholesale water agency; and (E) a contractor performing the management or disposal activities described in subsection (b)(2)(D) for an entity described in any of subparagraphs (A) through (D). (b) Exemption for Fire Suppression Entities, Resource Management Entities, Sponsors, and Water or Wastewater Entities.-- (1) In general.--Subject to paragraph (2), no person (including the United States, any State, or an Indian Tribe) may recover costs or damages from a fire suppression entity, a resource management entity, a sponsor, 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 a successor regulation)), or a water or wastewater entity, or compel a resource management entity to conduct or participate in a removal or response action, under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et seq.) for costs of responding to, abating, removing, remediating, or other damages or costs arising from a release or threatened release to the environment of a covered perfluoroalkyl or polyfluoroalkyl substance. (2) Requirements.--Paragraph (1) shall only apply under the following circumstances: (A) Fire suppression entities.--In the case of a release or threatened release of a covered perfluoroalkyl or polyfluoroalkyl substance by a fire suppression entity, if the release or threatened release resulted from the lawful discharge of an aqueous film forming foam in connection with a fire suppression system that-- (i) conforms to applicable Federal, State, and local fire codes; and (ii) is compliant with the most recently approved engineering standards at the time of the discharge. (B) Resource management entities.--In the case of a release or threatened release of a covered perfluoroalkyl or polyfluoroalkyl substance by a resource management entity, if the release or threatened release resulted from-- (i) the disposal, management, transportation, processing, treatment, generation, or arrangement for disposal of any residuals or byproduct of municipal solid waste (including landfill leachate) in accordance with a permit, registration, license, regulation, or authorization issued under the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.), the Solid Waste Disposal Act (42 U.S.C. 6901 et seq.), or similar State or local authority; [[Page S3551]] (ii) the disposal or management of biosolids consistent with section 405 of the Federal Water Pollution Control Act (33 U.S.C. 1345); or (iii) the application or processing of compost in accordance with State law. (C) Sponsors.--In the case of a release or threatened release of a covered perfluoroalkyl or polyfluoroalkyl substance by a sponsor-- (i) if the release or threatened release resulted from the use of an aqueous film forming foam; and (ii) if the use described in clause (i) was-- (I) required by the Federal Aviation Administration for compliance with part 139 of title 14, Code of Federal Regulations (or successor regulations); and (II) carried out in accordance with Federal Aviation Administration standards and guidance on the use of that substance. (D) Water or wastewater entities.--In the case of a release or threatened release of a covered perfluoroalkyl or polyfluoroalkyl substance by a water or wastewater entity, if the water or wastewater entity transported, treated, disposed of, or arranged for the transport, treatment, or disposal of the covered perfluoroalkyl or polyfluoroalkyl substance-- (i) in a manner consistent with all applicable laws at the time the activity was carried out; and (ii) during and following the conveyance or treatment of water under Federal or State law, including through-- (I) the management or disposal of biosolids consistent with section 405 of the Federal Water Pollution Control Act (33 U.S.C. 1345); (II) the discharge of effluent in accordance with a permit issued under section 402 of the Federal Water Pollution Control Act (33 U.S.C. 1342); (III) the release or disposal of water treatment residuals or any other byproduct of drinking water or wastewater treatment activities, such as granulated activated carbon, filter media, and processed waste streams; or (IV) the conveyance or storage of water for the purpose of conserving or reclaiming the water for water supply. (c) Exemption for Agricultural Producers.--No person (including the United States, any State, or an Indian Tribe) may recover costs or damages from an agricultural producer under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et seq.) for costs of responding to, abating, removing, remediating, or other damages or costs arising from a release or threatened release to the environment of a covered perfluoroalkyl or polyfluoroalkyl substance. (d) Savings Provision.--Nothing in this section precludes liability for damages or costs associated with the release or threatened release of a covered perfluoroalkyl or polyfluoroalkyl substance by-- (1) an agricultural producer, a resource management entity, or a water or wastewater entity if the agricultural producer, resource management entity, or water or wastewater entity acted with gross negligence or willful misconduct in the discharge, disposal, management, conveyance, storage, transportation, processing, treatment, generation, or arrangement for disposal of the covered perfluoroalkyl or polyfluoroalkyl substance; (2) a fire suppression entity if the fire suppression entity-- (A) acted with gross negligence or willful misconduct in the discharge of the covered perfluoroalkyl or polyfluoroalkyl substance; or (B) continues to use an aqueous film forming foam agent in the fire suppression system of the fire suppression entity on or after the date that is 5 years after the date on which approved engineering standards were updated to no longer require the use of an aqueous film forming foam; or (3) a sponsor if the sponsor acted with gross negligence or willful misconduct in the use of an aqueous film forming foam. ______