[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 2130 Introduced in Senate (IS)]

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118th CONGRESS
  1st Session
                                S. 2130

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.


_______________________________________________________________________


                   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.

    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 ``PFAS Community Engagement and 
Transparency Act''.

SEC. 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.

SEC. 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.

SEC. 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.

SEC. 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.

SEC. 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.

SEC. 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.
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