Military PFAS Testing Disclosure Act

I 116TH CONGRESS 2D SESSION H. R. 7392 To direct the Secretary of Defense to publicly disclose the results of Depart- ment of Defense testing for perfluoroalkyl or polyfluoroalkyl substances, and for other purposes. IN THE HOUSE OF REPRESENTATIVES JUNE 26, 2020 Ms. SLOTKIN (for herself, Mr. GARAMENDI, and Mr. TURNER) introduced the following bill; which was referred to the Committee on Armed Services A BILL To direct the Secretary of Defense to publicly disclose the results of Department of Defense testing for perfluoroal- kyl or polyfluoroalkyl substances, and for other purposes. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Military PFAS Testing 4 Disclosure Act’’. 5 VerDate Sep 11 2014 00:15 Jul 22, 2020 Jkt 099200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H7392.IH H7392 pbinns on DSKJLVW7X2PROD with BILLS 2 •HR 7392 IH SEC. 2. PUBLIC DISCLOSURE OF RESULTS OF DEPARTMENT 1 OF DEFENSE TESTING FOR PERFLUOROAL- 2 KYL OR POLYFLUOROALKYL SUBSTANCES. 3 (a) PUBLIC DISCLOSURE OF PFAS TESTING.—The 4 Secretary of Defense shall publicly disclose the results of 5 any testing for perfluoroalkyl or polyfluoroalkyl substances 6 (commonly referred to as ‘‘PFAS’’) conducted on military 7 installations or formerly used defense sites, including— 8 (1) all such testing results conducted by the 9 Department of Defense; and 10 (2) all such testing results conducted by a non- 11 Department entity (including any Federal agency 12 and any public or private entity) under contract by 13 or pursuant to an agreement with the Department 14 of Defense. 15 (b) NATURE OF DISCLOSURE.—The Secretary of De- 16 fense may satisfy the disclosure requirement under sub- 17 section (a) by publishing the information, datasets, and 18 results relating to the testing referred to in such sub- 19 section— 20 (1) on the publicly available website established 21 under section 331(b) of the National Defense Au- 22 thorization Act of 2020 (Public Law 116–92); 23 (2) on another publicly available website of the 24 Department of Defense; or 25 (3) in the Federal Register. 26 VerDate Sep 11 2014 00:15 Jul 22, 2020 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H7392.IH H7392 pbinns on DSKJLVW7X2PROD with BILLS 3 •HR 7392 IH (c) REQUIREMENTS.—The information required to be 1 disclosed by the Secretary of Defense under subsection (a) 2 and published under subsection (b) shall— 3 (1) constitute a record for the purposes of 4 chapter 21, 29, 31, and 33 of title 44, United States 5 Code; and 6 (2) include any underlying datasets or addi- 7 tional information of interest to the public, as deter- 8 mined by the Secretary of Defense. 9 (d) LOCAL NOTIFICATION.—Prior to conducting any 10 testing for perfluoroalkyl or polyfluoroalkyl substances, 11 the Secretary of Defense shall provide to the managers 12 of the public water system and the publicly owned treat- 13 ment works serving the areas located immediately adja- 14 cent to the military installation where such testing is to 15 occur notice in writing of the testing. 16 (e) DEFINITIONS.—In this section: 17 (1) The term ‘‘formerly used defense site’’ 18 means any site formerly used by the Department of 19 Defense or National Guard eligible for environ- 20 mental restoration by the Secretary of Defense fund- 21 ed under the ‘‘Environmental Restoration Account, 22 Formerly Used Defense Sites’’ account established 23 under section 2703(a)(5) of title 10, United States 24 Code. 25 VerDate Sep 11 2014 00:15 Jul 22, 2020 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H7392.IH H7392 pbinns on DSKJLVW7X2PROD with BILLS 4 •HR 7392 IH (2) The term ‘‘military installation’’ has the 1 meaning given such term in section 2801(c)(4) of 2 title 10, United States Code. 3 (3) The term ‘‘perfluoroalkyl or polyfluoroalkyl 4 substance’’ means any man-made chemical with at 5 least one fully fluorinated carbon atom. 6 (4) The term ‘‘public water system’’ has the 7 meaning given such term under section 1401(4) of 8 the Safe Drinking Water Act (42 U.S.C. 300f(4)). 9 (5) The term ‘‘treatment works’’ has the mean- 10 ing given such term in section 212(2) of the Federal 11 Water Pollution Control Act (33 U.S.C. 1292(2)). 12 Æ VerDate Sep 11 2014 00:15 Jul 22, 2020 Jkt 099200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6301 E:\BILLS\H7392.IH H7392 pbinns on DSKJLVW7X2PROD with BILLS