Clean Water For Military Families Act

II 117TH CONGRESS 1ST SESSION S. 1970 To require the Secretary of Defense to conduct testing for and remediation of perfluoroalkyl substances and polyfluoroalkyl substances at or sur- rounding installations of the Department of Defense located in the United States, formerly used defense sites, and State-owned facilities of the National Guard, and for other purposes. IN THE SENATE OF THE UNITED STATES JUNE 8, 2021 Mr. PADILLA (for himself, Mrs. GILLIBRAND, Mr. VAN HOLLEN, Ms. WAR- REN, Mr. MERKLEY, Mr. BOOKER, Mrs. FEINSTEIN, Mr. MARKEY, Mr. SCHUMER, Ms. STABENOW, Mr. SANDERS, Mr. DURBIN, Mrs. SHAHEEN, Mr. PETERS, and Ms. HASSAN) 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 for and remediation of perfluoroalkyl substances and polyfluoroalkyl substances at or surrounding installations of the Department of Defense located in the United States, formerly used defense sites, and State-owned fa- cilities of the National Guard, and for other purposes. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 VerDate Sep 11 2014 02:34 Jun 17, 2021 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S1970.IS S1970 kjohnson on DSK79L0C42PROD with BILLS 2 •S 1970 IS SECTION 1. SHORT TITLE. 1 This Act may be cited as the ‘‘Clean Water For Mili- 2 tary Families Act’’. 3 SEC. 2. TESTING FOR AND REMEDIATION OF 4 PERFLUOROALKYL SUBSTANCES AND 5 POLYFLUOROALKYL SUBSTANCES BY DE- 6 PARTMENT OF DEFENSE. 7 (a) IN GENERAL.—The Secretary of Defense shall— 8 (1) conduct investigations into releases of 9 PFAS, including testing for the presence of PFAS 10 in groundwater, surface and drinking water, soil, 11 and soil vapor, at or surrounding installations of the 12 Department of Defense located in the United States, 13 formerly used defense sites, and State-owned facili- 14 ties of the National Guard; and 15 (2) conduct response actions relating to PFAS 16 contamination at or surrounding installations of the 17 Department located in the United States, formerly 18 used defense sites, or State-owned facilities of the 19 National Guard if— 20 (A) any detection of PFAS exceeds the 21 standards under subsection (b); or 22 (B) the Secretary finds remediation of 23 PFAS to be appropriate to protect human 24 health or the environment. 25 VerDate Sep 11 2014 02:34 Jun 17, 2021 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S1970.IS S1970 kjohnson on DSK79L0C42PROD with BILLS 3 •S 1970 IS (b) STANDARDS FOR RESPONSE ACTIONS WITH RE- 1 SPECT TO PFAS CONTAMINATION.—In conducting re- 2 sponse actions under subsection (a)(2) with respect to 3 PFAS contamination, the Secretary shall conduct such ac- 4 tions to achieve a level of PFAS in the environmental 5 media that meets or provides more protection than the 6 most stringent of the following standards for PFAS in any 7 environmental media: 8 (1) A State standard as described in clause (ii) 9 of section 121(d)(2)(A) of the Comprehensive Envi- 10 ronmental Response, Compensation, and Liability 11 Act (42 U.S.C. 9621(d)(2)(A)). 12 (2) A Federal standard as described in clause 13 (i) of such section. 14 (3) A health advisory under section 15 1412(b)(1)(F) of the Safe Drinking Water Act (42 16 U.S.C. 300g–1(b)(1)(F)). 17 (c) AUTHORIZATION OF APPROPRIATIONS.—There is 18 authorized to be appropriated for fiscal year 2022 to the 19 Department of Defense $10,000,000,000, to remain avail- 20 able until expended, to carry out this section. 21 (d) SAVINGS CLAUSE.—Except with respect to the 22 specific level required to be met under subsection (b), 23 nothing in this section affects the application of the Com- 24 VerDate Sep 11 2014 02:34 Jun 17, 2021 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S1970.IS S1970 kjohnson on DSK79L0C42PROD with BILLS 4 •S 1970 IS prehensive Environmental Response, Compensation, and 1 Liability Act of 1980 (42 U.S.C. 9601 et seq.). 2 (e) DEFINITIONS.—In this section: 3 (1) FORMERLY USED DEFENSE SITE.—The 4 term ‘‘formerly used defense site’’ means any site 5 formerly used by the Department of Defense or Na- 6 tional Guard eligible for environmental restoration 7 by the Secretary of Defense funded under the ‘‘En- 8 vironmental Restoration Account, Formerly Used 9 Defense Sites’’ account established under section 10 2703(a)(5) of title 10, United States Code. 11 (2) PFAS.—The term ‘‘PFAS’’ means a 12 perfluoroalkyl substance or polyfluoroalkyl substance 13 with at least one fully fluorinated carbon atom. 14 (3) RESPONSE ACTION.—The term ‘‘response 15 action’’ means an action taken pursuant to section 16 104 of the Comprehensive Environmental Response, 17 Compensation, and Liability Act (42 U.S.C. 9604). 18 Æ VerDate Sep 11 2014 02:34 Jun 17, 2021 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6301 E:\BILLS\S1970.IS S1970 kjohnson on DSK79L0C42PROD with BILLS