II 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Military PFAS Testing 

5 Disclosure Act’’. 


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1 SEC. 2. PUBLIC DISCLOSURE OF TESTING AND RESULTS OF 

2 DEPARTMENT OF DEFENSE TESTING FOR 

3 PERFLUOROALKYL OR POLYFLUOROALKYL 

4 SUBSTANCES AND ADDITIONAL REQUIRE5 MENTS FOR TESTING. 

6 (a) PUBLIC DISCLOSURE OF PFAS TESTING RE7 SULTS.—Not later than 10 days after receipt of validated 

8 testing results, the Secretary of Defense shall publicly dis9 close the validated results of any testing for perfluoroalkyl 

10 or polyfluoroalkyl substances (commonly referred to as 

11 ‘‘PFAS’’) conducted on or at areas surrounding military 

12 installations of the Department of Defense in the United 

13 States or facilities of the National Guard, as authorized 

14 under section 2707(e) of title 10, United States Code, in15 cluding— 

16 (1) the results of all such testing conducted by 

17 the Department; and 

18 (2) the results of all such testing conducted by 

19 a non-Department entity (including any Federal 

20 agency or any public or private entity) under con21 tract by or pursuant to an agreement with the De22 partment. 

23 (b) PUBLIC DISCLOSURE OF PLANNED PFAS TEST24 ING.—Not later than 60 days after the date of the enact25 ment of the Act, and every 90 days thereafter, the Sec26 retary of Defense shall disclose the expected timing and 


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1 general location of any planned testing for perfluoroalkyl 

2 or polyfluoroalkyl substances conducted on or at areas sur3 rounding military installations of the Department of De4 fense in the United States or facilities of the National 

5 Guard, as authorized under section 2707(e) of title 10, 

6 United States Code, including— 

7 (1) all such testing to be conducted by the De8 partment; and 

9 (2) all such testing to be conducted by a non10 Department entity (including any Federal agency 

11 and any public or private entity) under contract by 

12 or pursuant to an agreement with the Department. 

13 (c) NATURE OF DISCLOSURE.—The Secretary of De14 fense may satisfy the disclosure requirements under sub15 sections (a) and (b) by publishing the information, 

16 datasets, and results relating to the testing described in 

17 such subsections— 

18 (1) on the publicly available website established 

19 under section 331(b) of the National Defense Au20 thorization Act for Fiscal Year 2020 (Public Law 

21 116–92; 10 U.S.C. 2701 note); 

22 (2) on another publicly available website of the 

23 Department of Defense; or 

24 (3) in the Federal Register. 


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1 (d) REQUIREMENTS OF INFORMATION TO BE DIS2 CLOSED.—The information required to be disclosed by the 

3 Secretary of Defense under subsections (a) and (b) and 

4 published under subsection (c)— 

5 (1) shall constitute a record for the purposes of 

6 chapters 21, 29, 31, and 33 of title 44, United 

7 States Code; 

8 (2) shall include any underlying datasets or ad9 ditional information of interest to the public, as de10 termined by the Secretary; and 

11 (3) may exclude information as authorized by 

12 law. 

13 (e) LOCAL NOTIFICATION.—Prior to conducting any 

14 testing for perfluoroalkyl or polyfluoroalkyl substances, in15 cluding any testing not previously planned and reported, 

16 the Secretary of Defense shall provide notice to— 

17 (1) the managers of the public water system 

18 serving the areas located immediately adjacent to 

19 the military installation where such testing is to 

20 occur; 

21 (2) the municipal government serving the areas 

22 located immediately adjacent to the military installa23 tion where such testing is to occur; and 


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1 (3) all members of the Restoration Advisory 

2 Board for the military installation where such test3 ing is to occur, as applicable. 

4 (f) TYPE OF TESTING.—When testing for 

5 perfluoroalkyl or polyfluoroalkyl substances, the Secretary 

6 of Defense shall test for all perfluoroalkyl or 

7 polyfluoroalkyl substances included in that method of 

8 measuring the amount of such substances in drinking 

9 water that has been validated by the Administrator of the 

10 Environmental Protection Agency. 

11 (g) DEFINITIONS.—In this section: 

12 (1) The term ‘‘military installation’’ has the 

13 meaning given such term in section 2801(c)(4) of 

14 title 10, United States Code. 

15 (2) The term ‘‘perfluoroalkyl or polyfluoroalkyl 

16 substance’’ means any man-made chemical with at 

17 least one fully fluorinated carbon atom. 

18 (3) The term ‘‘public water system’’ has the 

19 meaning given such term under section 1401(4) of 

20 the Safe Drinking Water Act (42 U.S.C. 300f(4)). 

Æ 


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