Military PFAS Testing Disclosure Act
Bill: S.2518 | Sponsor: Sen. Rosen, Jacky (D-NV)
Policy area: Armed Forces and National Security

Summary:
Military PFAS Testing Disclosure Act
This bill requires the Department of Defense (DOD) to publicly disclose the results of any testing for perfluoroalkyl or polyfluoroalkyl substances, commonly referred to as PFAS, conducted on or at areas surrounding DOD military installations in the United States and National Guard facilities.
DOD must also disclose the expected timing and location of any planned testing for PFAS 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 to (1) the managers of the public water system 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 all PFAS for which a method of measurement in drinking water has been validated by the Environmental Protection Agency.

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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