II 118th CONGRESS 1st Session S. 2130 IN THE SENATE OF THE UNITED STATES June 22, 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.

1. Short title This Act may be cited as the PFAS Community Engagement and Transparency Act . 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. 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. 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. 5. Limitation on availability of travel funds until submittal of plan for restoring data sharing on testing of water for perfluoroalkyl or polyfluoroalkyl substances (a) In general Of the funds authorized to be appropriated by this Act for operation and maintenance, defense-wide, for travel for the Office of the Under Secretary of Defense for Acquisition and Sustainment, not more than 75 percent may be obligated or expended until the Under Secretary of Defense for Acquisition and Sustainment submits to the congressional defense committees a plan to restore data sharing pertaining to the testing of water for perfluoroalkyl or polyfluoroalkyl substances, as required under section 345 of the National Defense Authorization Act for Fiscal Year 2022 ( Public Law 117–81 ; 10 U.S.C. 2715 note), which shall include the following: (1) A plan to restore data sharing with each relevant State agency tasked with regulation of environmental contamination by perfluoroalkyl or polyfluoroalkyl substances in each State or territory of the United States. (2) A plan to restore data sharing with restoration advisory boards established under section 2705(d) of title 10, United States Code. (3) Information on the geographic specificity of the data to be provided under paragraphs (1) and (2) and a timeline for the implementation of the plans under such paragraphs. (b) Inability To meet transparency requirements If the Under Secretary of Defense for Acquisition and Sustainment determines that they are unable to meet the requirements under subsection (a), the Under Secretary shall brief the congressional defense committees on the rationale for why the restoration of data sharing required under such subsection is not possible, including a description of any legislative action required to restore such data sharing. 6. 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. 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.