Pub. L. 117-81, div. A, tit. III, subtit. D, sec. 341 (as amended)
TREATMENT BY DEPARTMENT OF DEFENSE OF PERFLUOROALKYL SUBSTANCES AND POLYFLUOROALKYL SUBSTANCES.
SEC. 341. TREATMENT BY DEPARTMENT OF DEFENSE OF PERFLUOROALKYL SUBSTANCES AND POLYFLUOROALKYL SUBSTANCES.
(a) In General.âChapter 160 of title 10, United States Code, is amended by adding at the end the following new sections:
âSEC. 2714. [10 U.S.C. 2714] Perfluoroalkyl substances and polyfluoroalkyl substances task force
â(a) In General.âThe 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 âPFAS Task Forceâ).
â(b) Membership.âThe members of the PFAS Task Force are the following:
â(1) The Assistant Secretary of Defense for Energy, Installations, and Environment.
â(2) The Assistant Secretary of the Army for Installations, Energy, and Environment.
â(3) The Assistant Secretary of the Navy for Energy, Installations, and Environment.
â(4) The Assistant Secretary of the Air Force for Installations, Environment, and Energy.
â(5) The Assistant Secretary of Defense for Health Affairs.
â(c) Chairman.âThe Assistant Secretary of Defense for Energy, Installations, and Environment shall be the chairman of the PFAS Task Force.
â(d) Support.âThe 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.
â(e) Duties.âThe duties of the PFAS Task Force are the following:
â(1) Monitoring the health aspects of exposure to perfluoroalkyl substances and polyfluoroalkyl substances, as found by the Secretary of Health and Human Services.
â(2) Identifying, and funding the procurement of, an effective alternative to firefighting foam containing perfluoroalkyl substances or polyfluoroalkyl substances.
â(3) Coordinating within the Department of Defense with respect to mitigating the effects of the release of perfluoroalkyl substances and polyfluoroalkyl substances.
â(4) Assessing the perceptions of 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.
â(f) Report.âNot 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.
â(g) Definitions.âIn this section:
â(1) The term âperfluoroalkyl substanceâ means a man-made chemical of which all of the carbon atoms are fully fluorinated carbon atoms.
â(2) The term âpolyfluoroalkyl substanceâ means a man-made chemical containing a mix of fully fluorinated carbon atoms, partially fluorinated carbon atoms, and nonfluorinated carbon atoms.
âSEC. 2715. [10 U.S.C. 2715] Testing for perfluoroalkyl substances and polyfluoroalkyl substances at military installations and facilities of the National Guard
â(a) In General.âNot 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.
â(b) Determination of Contamination.âTesting conducted under subsection (a) at a military installation or facility of the National Guard shall determineâ
â(1) whether the installation or facility has contamination from a perfluoroalkyl substance or polyfluoroalkyl substance; and
â(2) 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.
â(c) Additional Response Actions.âTesting 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.
â(d) Type of Testing.âWhen 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.
â(e) Definitions.âIn this section:
â(1) The term âmilitary installationâ has the meaning given such term in section 2801(c)(4) of this title.
â(2) The terms âperfluoroalkyl substanceâ and âpolyfluoroalkyl substanceâ have the meanings given such terms in section 2714 of this title.â
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(b) [10 U.S.C. 2700] Clerical Amendment.âThe table of sections for such chapter is amended by adding at the end the following new items:
â2714. Perfluoroalkyl substances and polyfluoroalkyl substances task force.
â2715. Testing for perfluoroalkyl substances and polyfluoroalkyl substances at military installations and facilities of the National Guard.â
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(c) Reports on Status of Testing.â
(1) Submission.âFor each of fiscal years 2022 through 2024, the Secretary shall submit to the Committees on Armed Services of the House of Representatives and the Senate a report on the status of the testing conducted under section 2715(a) of title 10, United States Code (as added by subsection (a)), during such year.
(2) Matters.âEach report submitted under paragraph (1) shall identify, with respect to testing conducted under such section 2715(a)â
(A) each military installation or facility where testing has been completed;
(B) each military installation or facility where testing has not yet been completed;
(C) the projected completion date for testing at military installations or facilities where testing has not yet been completed;
(D) the results of testing at military installations or facilities where testing has been completed; and
(E) the actions planned, and the projected timelines for such actions, for each military installation or facility to address contamination by a perfluoroalkyl substance or polyfluoroalkyl substance.
(3) Timing.âEach report under paragraph (1) shall be submitted not later than January 1 of the fiscal year immediately following the fiscal year covered by the report.
(4) Limitation on delegation.âThe Secretary may delegate the responsibility for preparing the reports required by paragraph (1) only to the Deputy Secretary of Defense.
(5) Definitions.âIn this subsection, the terms âmilitary installationâ, âperfluoroalkyl substanceâ, and âpolyfluoroalkyl substanceâ have the meanings given such terms in section 2715 of title 10, United States Code (as added by subsection (a)).
- Cross-references to the US Code
- 10 U.S.C. 271410 U.S.C. 271510 U.S.C. 2700