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Code · BILL · 117th Congress · S. 2792 (Reported in Senate) — To authorize appropriations for fiscal year 2022 for military activities of the Department of Defense, for military c... · Sec. 351

Sec. 351. Treatment by Department of Defense of perfluoroalkyl substances and polyfluoroalkyl substances

939 words·~4 min read·/bill/117/s/2792/rs/section-351·

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Chapter 160 of title 10, United States Code, is amended— by inserting before section 2700 the following: ; in section 2700, in the matter preceding paragraph (1), by striking this chapter and inserting this subchapter ; in section 2701(c)(1), in the matter preceding subparagraph (A), by striking this chapter and inserting this subchapter ; in section 2703— in subsection (c)(1), by striking this chapter and inserting this subchapter ; and in subsection (d), by striking this chapter and inserting this subchapter ; in section 2707— in subsection (a), by striking this chapter and inserting this subchapter ; and in subsection (e), by striking this chapter and inserting this subchapter ; and by adding at the end the following new subchapter:
In this subchapter: The term military installation has the meaning given such term in section 2801(c)(4) of this title. The term perfluoroalkyl substance means a man-made chemical of which all of the carbon atoms are fully fluorinated carbon atoms. The term polyfluoroalkyl substance means a man-made chemical containing a mix of fully fluorinated carbon atoms, partially fluorinated carbon atoms, and nonfluorinated carbon atoms. The Secretary of Defense shall establish a task force to address the effects of the release of perfluoroalkyl substances and polyfluoroalkyl substances from activities of the Department of Defense (in this section referred to as the PFAS Task Force ).
The members of the PFAS Task Force are the following: The Assistant Secretary of Defense for Energy, Installations, and Environment. The Assistant Secretary of the Army for Installations, Energy, and Environment. The Assistant Secretary of the Navy for Energy, Installations, and Environment. The Assistant Secretary of the Air Force for Installations, Environment, and Energy. The Assistant Secretary of Defense for Health Affairs. The Assistant Secretary of Defense for Energy, Installations, and Environment shall be the chairman of the PFAS Task Force.
The Under Secretary of Defense for Personnel and Readiness and such other individuals as the Secretary of Defense considers appropriate shall support the activities of the PFAS Task Force. The duties of the PFAS Task Force are the following: Monitor the health aspects of exposure to perfluoroalkyl substances and polyfluoroalkyl substances, as found by the Secretary of Health and Human Services. Finding and funding the procurement of an effective substitute firefighting foam without perfluoroalkyl substances or polyfluoroalkyl substances.
Coordination within the Department of Defense with respect to mitigating the effects of the release of perfluoroalkyl substances and polyfluoroalkyl substances. Assessment of the perceptions by Congress and the public of the efforts of the Department of Defense with respect to mitigating the effects of the release of perfluoroalkyl substances and polyfluoroalkyl substances from activities of the Department. Not later than 90 days after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2022 , and quarterly thereafter, the Chairman of the PFAS Task Force shall submit to Congress a report on the activities of the task force.
Not later than two years after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2022 , the Secretary of Defense shall complete preliminary assessment and site inspection testing for perfluoroalkyl substances and polyfluoroalkyl substances at all military installations and facilities of the National Guard located in the United States that are identified as of March 31, 2021, as having a release of perfluoroalkyl substances or polyfluoroalkyl substances.
Testing conducted under subsection
(a)at a military installation or facility of the National Guard shall determine— whether the installation or facility has contamination from a perfluoroalkyl substance or polyfluoroalkyl substance; and whether activities in connection with such installation or facility have caused contamination from a perfluoroalkyl substance or polyfluoroalkyl substance outside of such installation or facility. Testing conducted under subsection
(a)shall provide at least a preliminary basis for determining whether additional environmental response actions are necessary to address contamination from a perfluoroalkyl substance or polyfluoroalkyl substance. When testing for perfluoroalkyl substances or polyfluoroalkyl substances under subsection
(a)or any other provision of law, the Secretary shall use a method to measure for all perfluoroalkyl substances or polyfluoroalkyl substances in drinking water that has been validated by the Administrator of the Environmental Protection Agency. For each of fiscal years 2022 through 2024, the Secretary shall submit to Congress a report on the status of the testing conducted under subsection
(a)during such year. Each report submitted under paragraph
(1)shall identify, with respect to testing conducted under subsection (a)— each installation or facility where testing has been completed; each installation or facility where testing has not yet been completed; the projected completion date for testing at installations or facilities where testing has not yet been completed; the results of testing at installations or facilities where testing has been completed; and the actions planned, and the projected timelines for such actions, for each installation or facility to address contamination by a perfluoroalkyl substance or polyfluoroalkyl substance. Each report submitted under paragraph
(1)shall be provided to Congress not later than January 1st of the fiscal year immediately following the fiscal year covered by the report. The Secretary may delegate the responsibility for preparing the reports required by paragraph
(1)only to the Deputy Secretary of Defense. . The table of sections for chapter 160 of such title is amended— by inserting after the item relating to chapter 160 the following new item: SUBCHAPTER I—Environmental restoration ; and by adding at the end the following: SUBCHAPTER II—Treatment of perfluoroalkyl substances and polyfluoroalkyl substances Sec. 2713. Definitions. 2714. Perfluoroalkyl substances and polyfluoroalkyl substances task force. 2715. Testing for perfluoroalkyl substances and polyfluoroalkyl substances at military installations and facilities of the National Guard. .
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