[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 2518 Introduced in Senate (IS)]
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117th CONGRESS
1st Session
S. 2518
To require the Secretary of Defense to disclose testing and results of
testing for perfluoroalkyl or polyfluoroalkyl substances and to provide
additional requirements for testing for such substances, and for other
purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
July 28, 2021
Ms. Rosen (for herself and Mr. Rounds) 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 disclose testing and results of
testing for perfluoroalkyl or polyfluoroalkyl substances and to provide
additional requirements for testing for such 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 TESTING AND RESULTS OF DEPARTMENT OF
DEFENSE TESTING FOR PERFLUOROALKYL OR POLYFLUOROALKYL
SUBSTANCES AND ADDITIONAL REQUIREMENTS FOR TESTING.
(a) Public Disclosure of PFAS Testing Results.--Not later than 10
days after receipt of validated testing results, the Secretary of
Defense shall publicly disclose the validated 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 or
facilities of the National Guard, as authorized under section 2707(e)
of title 10, United States Code, including--
(1) the results of all such testing conducted by the
Department; and
(2) the results of all such testing conducted by a non-
Department entity (including any Federal agency or any public
or private entity) under contract by or pursuant to an
agreement with the Department.
(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 general 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 or facilities of the National Guard, as authorized under section
2707(e) of title 10, United States Code, including--
(1) all such testing to be conducted by the Department; and
(2) all such testing 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.
(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 described in
such subsections--
(1) on the publicly available website established under
section 331(b) of the National Defense Authorization Act for
Fiscal Year 2020 (Public Law 116-92; 10 U.S.C. 2701 note);
(2) on another publicly available website of the Department
of Defense; or
(3) in the Federal Register.
(d) Requirements of Information To Be Disclosed.--The information
required to be disclosed by the Secretary of Defense under subsections
(a) and (b) and published under subsection (c)--
(1) shall constitute a record for the purposes of chapters
21, 29, 31, and 33 of title 44, United States Code;
(2) shall include any underlying datasets or additional
information of interest to the public, as determined by the
Secretary; and
(3) may exclude information as authorized by law.
(e) Local Notification.--Prior to conducting any testing for
perfluoroalkyl or polyfluoroalkyl substances, including any testing not
previously planned and reported, the Secretary of Defense shall provide
notice to--
(1) the managers of the public water system 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 members of the Restoration Advisory Board for the
military installation where such testing is to occur, as
applicable.
(f) Type of Testing.--When testing for perfluoroalkyl or
polyfluoroalkyl substances, the Secretary of Defense shall test for all
perfluoroalkyl or polyfluoroalkyl substances included in that method of
measuring the amount of such substances in drinking water that has been
validated by the Administrator of the Environmental Protection Agency.
(g) Definitions.--In this section:
(1) The term ``military installation'' has the meaning
given such term in section 2801(c)(4) of title 10, United
States Code.
(2) The term ``perfluoroalkyl or polyfluoroalkyl
substance'' means any man-made chemical with at least one fully
fluorinated carbon atom.
(3) 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)).
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