[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 2271 Introduced in Senate (IS)]
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118th CONGRESS
1st Session
S. 2271
To require community engagement and reporting relating to activities of
the Department of Defense with respect to perfluoroalkyl substances and
polyfluoroalkyl substances, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
July 12, 2023
Mrs. Shaheen introduced the following bill; which was read twice and
referred to the Committee on Armed Services
_______________________________________________________________________
A BILL
To require community engagement and reporting relating to activities of
the Department of Defense with respect to perfluoroalkyl substances and
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 ``PFAS Community Engagement and
Transparency Act''.
SEC. 2. CONGRESSIONAL DEFENSE COMMITTEES DEFINED.
In this Act, the term ``congressional defense committees'' has the
meaning given that term in section 101(a)(16) of title 10, United
States Code.
SEC. 3. OFFICE FOR ENGAGEMENT WITH COMMUNITIES IMPACTED BY PFAS
CONTAMINATION.
(a) Establishment.--The Under Secretary of Defense for Acquisition
and Sustainment shall establish, under the Assistant Secretary of
Defense for Energy, Installations, and Environment, an office to be
known as the Office for Engagement with Communities Impacted by PFAS
Contamination (referred to in this section as the ``Office'').
(b) Duties.--The Office shall be responsible for--
(1) leading engagement by the Department of Defense with
communities impacted by releases of perfluoroalkyl substances
and polyfluoroalkyl substances through activities of the
Department;
(2) working in cooperation with the appropriate entities of
the military departments responsible for testing, remediation,
and outreach relating to such substances;
(3) coordinating with the military departments to develop
and maintain informational resources for communities and
individuals experiencing contamination from such substances
associated with installations of the Department of Defense; and
(4) such other duties as the Assistant Secretary of Defense
for Energy, Installations, and Environment may determine
appropriate.
(c) Initial Briefing.--Not later than 90 days after the date of the
enactment of this Act, the Under Secretary of Defense for Acquisition
and Sustainment shall brief the congressional defense committees on the
resources, organization, and other matters required to establish the
Office.
(d) Annual Report.--Not later than one year after the date of the
enactment of this Act, and annually thereafter, the Under Secretary of
Defense for Acquisition and Sustainment shall submit to the
congressional defense committees a report on metrics relating to
community engagement conducted by the Office.
SEC. 4. TECHNICAL ASSISTANCE FOR COMMUNITIES AND INDIVIDUALS
POTENTIALLY AFFECTED BY RELEASES AT CURRENT AND FORMER
DEPARTMENT OF DEFENSE FACILITIES.
(a) Technical Assistance for Navigation of Response Actions.--
(1) In general.--Beginning not later than 180 days after
the date of the enactment of this Act, and subject to such
amounts as are provided in appropriations Acts, the Secretary
of Defense, acting through the Director of the Office of Local
Defense Community Cooperation, shall furnish technical
assistance services described in paragraph (3) to communities,
or individuals who are members thereof, that may be affected by
a release or threatened release of a pollutant at a facility
under the jurisdiction of, or formerly used by or under the
jurisdiction of, the Department of Defense.
(2) Implementation.--The Secretary, acting through the
Director of the Office of Local Defense Community Cooperation,
may furnish technical assistance services pursuant to paragraph
(1) through a Federal interagency agreement, a private service
provider, or a cooperative agreement entered into with a
nonprofit organization.
(3) Services provided.--The technical assistance services
described in this paragraph are services to improve public
participation in, or assist in the navigation of, environmental
response efforts, including--
(A) the provision of advice and guidance to a
community or individual specified in paragraph (1)
regarding additional technical assistance with respect
to which such community or individual may be eligible
(including pursuant to subsection (b));
(B) the interpretation of site-related documents;
(C) the interpretation of health-related
information;
(D) assistance with the preparation of public
comments; and
(E) the development of outreach materials to
improve public participation.
(b) Grants for Technical Assistance.--
(1) Authority.--Beginning not later than 180 days after the
date of the enactment of this Act, and subject to such amounts
as are provided in appropriations Acts, the Secretary of
Defense, acting through the Director of the Office of Local
Defense Community Cooperation, shall administer a grant program
under which the Director may award a grant to a community, or
individuals who are members thereof, that may be affected by a
release or threatened release of a pollutant at a facility
under the jurisdiction of, or formerly used by or under the
jurisdiction of, the Department of Defense.
(2) Use of amounts.--Funds provided under a grant awarded
pursuant to paragraph (1) in connection with a release or
threatened release of a pollutant at a facility may be used by
the grant recipient only to obtain technical assistance and
services for public participation in various stages of the
processes of response, remediation, and removal actions at the
facility, including--
(A) interpreting the nature of the release or
threatened release, including monitoring and testing
plans and reports associated with site assessment and
characterization at the facility;
(B) interpreting documents, plans, proposed
actions, and final decisions related to--
(i) an interim remedial action;
(ii) a remedial investigation or
feasibility study;
(iii) a record of decision;
(iv) a remedial design;
(v) the selection and construction of
remedial action;
(vi) operation and maintenance; and
(vii) a five-year review at the facility;
(C) a removal action at such facility; and
(D) services specified under subsection (a)(3).
(c) Prohibition on Use of Amounts.--None of the amounts made
available under this section may be used for the purpose of
conducting--
(1) lobbying activities; or
(2) legal challenges of final decisions of the Department
of Defense.
SEC. 5. DASHBOARD OF FUNDING RELATING TO PERFLUOROALKYL SUBSTANCES AND
POLYFLUOROALKYL SUBSTANCES.
The Secretary of Defense shall include with the submission to
Congress by the President of the annual budget of the Department of
Defense for a fiscal year under section 1105(a) of title 31, United
States Code, a separate budget justification document that consolidates
all information pertaining to activities of the Department of Defense
relating to perfluoroalkyl substances and polyfluoroalkyl substances,
including funding for and descriptions of--
(1) research and development efforts;
(2) testing;
(3) remediation;
(4) contaminant disposal;
(5) community outreach; and
(6) unfunded requirements.
SEC. 6. BIENNIAL REPORT ON TESTING AND REMEDIATION OF PERFLUOROALKYL
SUBSTANCES AND POLYFLUOROALKYL SUBSTANCES.
(a) In General.--Not later than 270 days after the date of the
enactment of this Act, and once every two years thereafter, the
Secretary of Defense shall submit to the congressional defense
committees a report on the status of testing for and remediation of
perfluoroalkyl substances and polyfluoroalkyl substances at current or
former military installations in the United States.
(b) Elements.--At a minimum, each report required under subsection
(a) shall include--
(1) a list of all current or former military installations
assessed to have been contaminated by perfluoroalkyl substances
or polyfluoroalkyl substances; and
(2) the current testing or remediation status of those
installations, including remediation phase, estimated cost-to-
complete, and estimated schedule, including the estimated
number of sites anticipated to reach completion of remedy
construction within three years of the date of submission of
the report.
SEC. 7. GOVERNMENT ACCOUNTABILITY OFFICE REPORT ON TESTING AND
REMEDIATION OF PERFLUOROALKYL SUBSTANCES AND
POLYFLUOROALKYL SUBSTANCES.
Not later than one year after the date of the enactment of this
Act, and once every five years thereafter, the Comptroller General of
the United States shall submit to the congressional defense committees
a report assessing the state of ongoing testing and remediation by the
Department of Defense of current or former military installations
contaminated with perfluoroalkyl substances or polyfluoroalkyl
substances, including--
(1) assessments of the thoroughness, pace, and cost-
effectiveness of efforts of the Department to conduct testing
and remediation relating to those substances;
(2) recommendations to improve those efforts; and
(3) such other matters as the Comptroller General
determines appropriate.
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