Title: Filthy Fifty Act
Policy area: Armed Forces and National Security

Summary:
Filthy Fifty Act
This bill requires the Department of Defense (DOD) to complete testing for perfluoroalkyl and polyfluoroalkyl substances (PFAS) at all military installations, formerly used defense sites, and state-owned facilities of the National Guard in the United States. PFAS are man-made and may have adverse human health effects.
Not later than 60 days following the detection of PFAS at a military installation, formerly used defense site, or state-owned facility of the National Guard, DOD must take removal actions to ensure that all individuals served by a drinking water source contaminated by PFAS have access to drinking water that meets the applicable standard, regardless of whether DOD is the drinking water purveyor. Additionally, DOD must complete all physical construction required for the remediation of PFAS at such sites not later than 10 years after the enactment of this bill.
DOD must report to Congress identifying the status of remediation efforts at 50 specified sites, such as England Air Force Base, Louisiana. DOD must complete all physical construction required for the remediation of PFAS at the 50 specified sites not later than five years after the enactment of this bill.

[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 1973 Introduced in Senate (IS)]

<DOC>






117th CONGRESS
  1st Session
                                S. 1973

 To require the Secretary of Defense to conduct testing, removal, and 
remediation of perfluoroalkyl substances and polyfluoroalkyl substances 
 at all military installations, formerly used defense sites, and State-
      owned facilities of the National Guard in the United States.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              June 8, 2021

Mrs. Gillibrand (for herself, Mr. Padilla, Mr. Durbin, Ms. Warren, Mr. 
  Markey, Mrs. Feinstein, Mr. Schumer, Mr. Booker, Mrs. Shaheen, Ms. 
 Stabenow, Mr. Van Hollen, Ms. Hassan, and Mr. Peters) introduced the 
 following bill; which was read twice and referred to the Committee on 
                             Armed Services

_______________________________________________________________________

                                 A BILL


 
 To require the Secretary of Defense to conduct testing, removal, and 
remediation of perfluoroalkyl substances and polyfluoroalkyl substances 
 at all military installations, formerly used defense sites, and State-
      owned facilities of the National Guard in the United States.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Filthy Fifty Act''.

SEC. 2. TESTING, REMOVAL, AND REMEDIATION BY DEPARTMENT OF DEFENSE OF 
              PERFLUOROALKYL SUBSTANCES AND POLYFLUOROALKYL SUBSTANCES.

    (a) Testing.--Not later than two years after the date of the 
enactment of this Act, the Secretary of Defense shall complete testing 
for PFAS at all military installations, formerly used defense sites, 
and State-owned facilities of the National Guard in the United States.
    (b) Removal.--Not later than 60 days following the detection of 
PFAS at a military installation, formerly used defense site, or State-
owned facility of the National Guard in the United States, the 
Secretary shall take removal actions to ensure that all individuals 
served by a drinking water source contaminated by PFAS from the 
installation, site, or facility have access to drinking water that 
meets the applicable standard under subsection (d), regardless of 
whether the Secretary is the drinking water purveyor.
    (c) Remediation.--Not later than ten years after the date of the 
enactment of this Act, the Secretary shall complete all physical 
construction required for the remediation of PFAS at all military 
installations, formerly used defense sites, and State-owned facilities 
of the National Guard in the United States.
    (d) Standards for Removal or Remedial Actions With Respect to PFAS 
Contamination.--In conducting removal or remedial actions under this 
section, the Secretary of Defense shall ensure that such actions result 
in a level that meets or exceeds the most stringent of the following 
standards for PFAS in any environmental media:
            (1) An enforceable State standard, in effect in that State, 
        for drinking, surface, or ground water, or soil.
            (2) An enforceable Federal standard for drinking, surface, 
        or ground water, or soil.
            (3) A health advisory under section 1412(b)(1)(F) of the 
        Safe Drinking Water Act (42 U.S.C. 300g-1(b)(1)(F)).
    (e) Definitions.--In this section:
            (1) Formerly used defense site.--The term ``formerly used 
        defense site'' means any site formerly used by the Department 
        of Defense or 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.
            (2) Perfluoroalkyl substance.--The term ``perfluoroalkyl 
        substance'' means a man-made chemical of which all of the 
        carbon atoms are fully fluorinated carbon atoms.
            (3) PFAS.--The term ``PFAS'' means a perfluoroalkyl 
        substance or a polyfluoroalkyl substance.
            (4) Polyfluoroalkyl substance.--The term ``polyfluoroalkyl 
        substance'' means a man-made chemical containing a mix of fully 
        fluorinated carbon atoms, partially fluorinated carbon atoms, 
        and nonfluorinated carbon atoms.
            (5) Military installation.--The term ``military 
        installation'' has the meaning given that term in section 
        2801(c)(4) of title 10, United States Code.

SEC. 3. STATUS OF REMEDIATION OF PERFLUOROALKYL SUBSTANCES AND 
              POLYFLUOROALKYL SUBSTANCES AT CERTAIN PRIORITY LOCATIONS.

    (a) Report.--Not later than 60 days after the date of the enactment 
of this Act, the Secretary of Defense shall submit to Congress a report 
identifying the status of efforts to remediate perfluoroalkyl 
substances and polyfluoroalkyl substances at the following sites:
            (1) England Air Force Base, Louisiana.
            (2) Naval Air Weapons Station China Lake, California.
            (3) Patrick Air Force Base, Florida.
            (4) Myrtle Beach Air Force Base, South Carolina.
            (5) Langley Air Force Base, Virginia.
            (6) Naval Air Station Jacksonville, Florida.
            (7) Niagara Falls Air Reserve Station, New York.
            (8) Grand Prairie Armed Forces Reserve Complex, Texas.
            (9) Altus Air Force Base, Oklahoma.
            (10) Charleston Air Force Base, South Carolina.
            (11) Barksdale Air Force Base, Louisiana.
            (12) Plattsburgh Air Force Base, New York.
            (13) Tyndall Air Force Base, Florida.
            (14) Sheppard Air Force Base, Texas.
            (15) Columbus Air Force Base, Mississippi.
            (16) Chanute Air Force Base, Illinois.
            (17) Marine Corps Air Station Tustin, California.
            (18) Travis Air Force Base, California.
            (19) Ellsworth Air Force Base, South Dakota.
            (20) Minot Air Force Base, North Dakota.
            (21) Westover Air Reserve Base, Massachusetts.
            (22) Eaker Air Force Base, Arkansas.
            (23) Naval Air Station Alameda, California.
            (24) Eielson Air Force Base, Alaska.
            (25) Horsham Air Guard Station, Pennsylvania.
            (26) Vance Air Force Base, Oklahoma.
            (27) Dover Air Force Base, Delaware.
            (28) Edwards Air Force Base, California.
            (29) Robins Air Force Base, Georgia.
            (30) Joint Base McGuire-Dix-Lakehurst, New Jersey.
            (31) Galena Air Force Base, Alaska.
            (32) Naval Research Laboratory Chesapeake Bay Detachment, 
        Maryland.
            (33) Buckley Air Force Base, Colorado.
            (34) Arnold Air Force Base, Tennessee.
            (35) Tinker Air Force Base, Oklahoma.
            (36) Fairchild Air Force Base, Washington.
            (37) Vandenberg Air Force Base, California.
            (38) Hancock Field Air National Guard Base, New York.
            (39) F.E. Warren Air Force Base, Wyoming.
            (40) Nevada Air National Guard Base - Reno, Nevada.
            (41) K.I. Sawyer Air Force Base, Michigan.
            (42) Pease Air Force Base, New Hampshire.
            (43) Whiteman Air Force Base, Missouri.
            (44) Wurtsmith Air Force Base, Michigan.
            (45) Shepherd Field Air National Guard Base, West Virginia.
            (46) Naval Air Station Whidbey Island - Ault Field, 
        Washington.
            (47) Rosecrans Air National Guard Base, Missouri.
            (48) Joint Base Andrews, Maryland.
            (49) Iowa Air National Guard Base - Des Moines, Iowa.
            (50) Stewart Air National Guard Base, New York.
    (b) Completion of Construction.--Not later than five years after 
the date of the enactment of this Act, the Secretary shall complete all 
physical construction required for the remediation of perfluoroalkyl 
substances and polyfluoroalkyl substances at the sites specified in 
subsection (a).
    (c) Definitions.--In this section:
            (1) Perfluoroalkyl substance.--The term ``perfluoroalkyl 
        substance'' means a man-made chemical of which all of the 
        carbon atoms are fully fluorinated carbon atoms.
            (2) Polyfluoroalkyl substance.--The term ``polyfluoroalkyl 
        substance'' means a man-made chemical containing a mix of fully 
        fluorinated carbon atoms, partially fluorinated carbon atoms, 
        and nonfluorinated carbon atoms.
                                 <all>