[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4339 Introduced in House (IH)]
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117th CONGRESS
1st Session
H. R. 4339
To direct the Secretary of Defense to publicly disclose the results of
Department of Defense perfluoroalkyl or polyfluoroalkyl substances, and
for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
July 1, 2021
Ms. Slotkin (for herself and Mr. Turner) introduced the following bill;
which was referred to the Committee on Armed Services
_______________________________________________________________________
A BILL
To direct the Secretary of Defense to publicly disclose the results of
Department of Defense perfluoroalkyl or polyfluoroalkyl substances, and
for other purposes.
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 ``Military PFAS Testing Disclosure
Act''.
SEC. 2. PUBLIC DISCLOSURE OF RESULTS OF DEPARTMENT OF DEFENSE TESTING
FOR PERFLUOROALKYL OR POLYFLUOROALKYL SUBSTANCES.
(a) Public Disclosure of PFAS Testing.--Upon receipt of testing
results, the Secretary of Defense shall immediately publicly disclose
the results of any testing for perfluoroalkyl or polyfluoroalkyl
substances (commonly referred to as ``PFAS'') conducted on or at areas
surrounding military installations of the Department of Defense in the
United States, formerly used defense sites, and State-owned facilities
of the National Guard including--
(1) all such testing results conducted by the Department of
Defense; and
(2) all such testing results conducted by a non-Department
entity (including any Federal agency and any public or private
entity) under contract by or pursuant to an agreement with the
Department of Defense.
(b) Public Disclosure of Planned PFAS Testing.--Not later than 60
days after the date of the enactment of the Act, and every 90 days
thereafter, the Secretary of Defense shall disclose the expected timing
and location of any planned testing for perfluoroalkyl or
polyfluoroalkyl substances conducted on or at areas surrounding
military installations of the Department of Defense in the United
States, formerly used defense sites, or State-owned facilities of the
National Guard including--
(1) all such testing to be conducted by the Department of
Defense; and
(2) all such testing results to be conducted by a non-
Department entity (including any Federal agency and any public
or private entity) under contract by or pursuant to an
agreement with the Department of Defense.
(c) Nature of Disclosure.--The Secretary of Defense may satisfy the
disclosure requirements under subsections (a) and (b) by publishing the
information, datasets, and results relating to the testing referred to
in such subsection--
(1) on the publicly available website established under
section 331(b) of the National Defense Authorization Act of
2020 (Public Law 116-92);
(2) on another publicly available website of the Department
of Defense; or
(3) in the Federal Register.
(d) Requirements.--The information required to be disclosed by the
Secretary of Defense under subsections (a) and (b) and published under
subsection (c) shall--
(1) constitute a record for the purposes of chapter 21, 29,
31, and 33 of title 44, United States Code; and
(2) include any underlying datasets or additional
information of interest to the public, as determined by the
Secretary of Defense.
(e) Local Notification.--Prior to conducting any testing for
perfluoroalkyl or polyfluoroalkyl substances, the Secretary of Defense
shall provide notice in writing to--
(1) the managers of the public water system and the
publicly owned treatment works serving the areas located
immediately adjacent to the military installation where such
testing is to occur;
(2) the municipal government serving the areas located
immediately adjacent to the military installation where such
testing is to occur; and
(3) all Restoration Advisory Board members for the military
installation where such testing is to occur.
(f) Testing.--When testing for perfluoroalkyl or polyfluoroalkyl
substances, the Secretary of Defense shall test for any perfluoroalkyl
or polyfluoroalkyl substance for which a method of measuring the amount
of such substance in drinking water has been validated by the
Administrator of the Environmental Protection Agency.
(g) Definitions.--In this section:
(1) 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) The term ``military installation'' has the meaning
given such term in section 2801(c)(4) of title 10, United
States Code.
(3) The term ``perfluoroalkyl or polyfluoroalkyl
substance'' means any man-made chemical with at least one fully
fluorinated carbon atom.
(4) The term ``public water system'' has the meaning given
such term under section 1401(4) of the Safe Drinking Water Act
(42 U.S.C. 300f(4)).
(5) The term ``treatment works'' has the meaning given such
term in section 212(2) of the Federal Water Pollution Control
Act (33 U.S.C. 1292(2)).
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