Military PFAS Testing Disclosure Act
Bill: H.R.4339 | Sponsor: Rep. Slotkin, Elissa (D-MI)
Policy area: Armed Forces and National Security

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.

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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