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Code · BILL · 119th Congress · S. 1071 (EAH) — 119 S1071 EAH: National Defense Authorization Act for Fiscal Year 2026 · Sec. 317

Sec. 317. Provision of alternative drinking water to households whose private drinking water is contaminated with perfluorooctanesulfonic acid and perfluorooctanoic acid substances from Department of Defense activities

504 words·~2 min read·/bill/119/s/1071/eah/section-317

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Subject to subsections
(b)and (c), on and after the date of the enactment of this Act, the Secretary of Defense shall offer alternative drinking water to a household if— the household is downgradient from a military installation; the household receives water from one or more private drinking water wells where contamination from detections of perfluorooctanesulfonic acid and perfluorooctanoic acid substances resulting solely from activities of the Department of Defense, as determined by the Secretary, carried out at such military installation has, at one point in time, exceeded the maximum contaminant level for such substances established by the Environmental Protection Agency; and as of the date of the enactment of this Act, another household located in the same community was eligible for alternative drinking water provided by the Secretary by reason of contamination from detections of perfluorooctanesulfonic acid and perfluorooctanoic acid substances resulting from activities of the Department carried out at the same military installation. The Secretary of Defense shall carry out this section in a manner that is consistent with the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 ( 42 U.S.C. 9601 et seq. ) and the authorities of the Secretary under environmental law, including by prioritizing and coordinating the efforts of the Secretary under subsection
(a)with other efforts to address releases of perfluorooctanesulfonic acid and perfluorooctanoic acid. The Secretary is not required to offer or provide alternative drinking water to a household under subsection
(a)if— the household is part of a community, as determined by the Secretary, where all the households in the community that have been affected by contamination from detections of perfluorooctanesulfonic acid and perfluorooctanoic acid substances resulting from activities of the Department have been connected to a municipal drinking water distribution system; or the Secretary has otherwise taken action under the Comprehensive, Environmental Response, Compensation, and Liability Act of 1980 ( 42 U.S.C. 9601 et seq. ) to reduce drinking water exposures, including by meeting the relevant Federal or State drinking water standards for perfluorooctanesulfonic acid and perfluorooctanoic acid substances. In this section: The term alternative drinking water includes— provision of bottled water; connection to public water systems for members of the public using private wells; and provision of filtration systems for private residences. The term Federal drinking water standard means an enforceable Federal standard for drinking water, as described in section 121(d)(2)(A)(i) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 ( 42 U.S.C. 9621(d)(2)(A)(i) ). The terms maximum contaminant level and public water system have the meanings given those terms in section 1401 of the Safe Drinking Water Act ( 42 U.S.C. 300f ). The term private drinking water well means a drinking water well that is not a public water system and is not connected to a public water system. The term State drinking water standard means an enforceable State standard, in effect in that State, for drinking water, as described in section 121(d)(2)(A)(ii) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 ( 42 U.S.C. 9621(d)(2)(A)(ii) ).
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Sec. 317
Provision of alternative drinking water to households whose private drinking water is contaminated with perfluorooctanesulfonic acid and perfluorooctanoic acid substances from Department of Defense activities
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