Military PFAS Testing Disclosure Act

To direct the Secretary of Defense to publicly disclose the results of Department of Defense perfluoroalkyl or polyfluoroalkyl substances, and for other purposes. 1. Short title This Act may be cited as the Military PFAS Testing Disclosure Act 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 (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 Environmental Restoration Account, Formerly Used Defense Sites (2) The term military installation (3) The term perfluoroalkyl or polyfluoroalkyl substance (4) The term public water system 42 U.S.C. 300f(4) (5) The term treatment works 33 U.S.C. 1292(2)

Summary: Military PFAS Testing Disclosure Act This bill requires the Department of Defense (DOD) to immediately publicly disclose the results of any testing for perfluoroalkyl or polyfluoroalkyl substances, commonly referred to as PFAS, conducted on or at specified sites (i.e., areas surrounding DOD military installations in the United States, formerly used defense sites, and state-owned facilities of the National Guard). DOD must also disclose the expected timing and location of any planned testing for PFAS conducted at the specified sites. DOD may satisfy the disclosure requirements by publishing the information, data sets, and results relating to the testing on a publicly available DOD website or in the Federal Register. Prior to conducting any testing for PFAS, DOD must 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 being tested, (2) the municipal government serving the areas located immediately adjacent to the military installation being tested, and (3) all Restoration Advisory Board members for the military installation where the testing is to occur. DOD must test for any PFAS for which a method of measurement in drinking water has been validated by the Environmental Protection Agency.