Department of Defense PFAS Discharge Prevention Act
- Bill Number
- H.R. 1938
- Origin Chamber
- House
- Congress
- 119th Congress, Session 1
- Policy Area
- Environmental Protection
- Status
- Introduced
- Latest Action
- 2025-03-06: Referred to the Subcommittee on Water Resources and Environment.
- Last Updated
- 2025-10-04T08:05:48Z
AI-Generated Summary
Purpose
The "Department of Defense PFAS Discharge Prevention Act" (H.R. 1938) aims to reduce the discharge of per- and polyfluoroalkyl substances (PFAS)—persistent chemicals often called "forever chemicals" due to their environmental longevity and potential health risks—from Department of Defense (DoD) facilities into stormwater. It seeks to enhance monitoring and pollution controls under the Clean Water Act (formally the Federal Water Pollution Control Act) to protect water quality.
Key Provisions
- Permit Modifications: Within one year of enactment, the Secretary of Defense must request changes to existing stormwater discharge permits (issued under Section 402(p) of the Clean Water Act) for all DoD facilities. These requests go to the relevant state authority or the Environmental Protection Agency (EPA) administrator and include:
- Quarterly monitoring of PFAS in discharges.
- Adoption of best management practices (BMPs) or control technologies to minimize PFAS releases, in line with Clean Water Act standards.
- Funding Allocation: At least 1% of annual funds appropriated or available to the DoD for PFAS remediation must be used for testing PFAS in stormwater runoff at DoD facilities.
Significant Changes to Existing Law
- This bill introduces specific PFAS-focused requirements to the Clean Water Act's stormwater permitting process, which previously did not mandate routine PFAS monitoring or controls for DoD facilities.
- It shifts from general stormwater management to targeted PFAS oversight, requiring proactive DoD requests for permit revisions rather than waiting for regulatory updates from the EPA or states.
- The funding mandate ensures dedicated resources for testing, which was not previously required under existing remediation budgets.
Potential Impacts
- Government Agencies: The DoD will face increased compliance costs for monitoring, technology implementation, and testing, potentially straining budgets but improving environmental accountability. The EPA and state environmental agencies may see added administrative workload in reviewing and approving permit modifications.
- Citizens: Communities near DoD facilities could benefit from reduced PFAS contamination in local waterways, lowering health risks such as exposure to chemicals linked to cancer and immune system issues. However, any delays in implementation might prolong existing pollution concerns.
- International Relations: Minimal direct impact, though it aligns U.S. military environmental practices with global efforts to phase out PFAS, potentially enhancing the DoD's reputation in international environmental agreements.
Main Stakeholders Affected
- Department of Defense: Primary implementer, responsible for requests, monitoring, and funding allocation.
- Environmental Protection Agency and State Agencies: Oversee permit approvals and enforcement.
- Local Communities and Environmental Groups: Benefit from cleaner water but may advocate for stricter measures if implementation falls short.
- Taxpayers: Indirectly affected through federal funding for DoD remediation efforts.
Notable Legal, Constitutional, or Political Implications
- Legal: Strengthens enforcement of the Clean Water Act by embedding PFAS-specific obligations, potentially setting a precedent for similar requirements in other federal sectors. It does not alter constitutional balances but reinforces federal oversight of military environmental impacts.
- Constitutional: No major challenges anticipated, as it operates within Congress's authority to regulate national defense and environmental protection.
- Political: Bipartisan sponsorship (from Democrats and Republicans) signals broad support for addressing PFAS contamination, a growing public health issue. It may influence future defense authorization bills by prioritizing environmental remediation in military spending, amid debates over balancing national security with ecological concerns.
This summary was generated by AI and may contain inaccuracies. Refer to the official source document for the authoritative text.
Sponsor
Rep. McClellan, Jennifer L. [D-VA-4]
Cosponsors (18)
Rep. Kiggans, Jennifer A. [R-VA-2], Rep. Ryan, Patrick [D-NY-18], Rep. LaLota, Nick [R-NY-1], Rep. Foushee, Valerie P. [D-NC-4], Rep. Lawler, Michael [R-NY-17], Rep. Cohen, Steve [D-TN-9], Rep. Fitzpatrick, Brian K. [R-PA-1], Rep. Tlaib, Rashida [D-MI-12], Rep. Scott, Robert C. "Bobby" [D-VA-3], Rep. Pappas, Chris [D-NH-1], Rep. Van Orden, Derrick [R-WI-3], Rep. Connolly, Gerald E. [D-VA-11], Rep. Huffman, Jared [D-CA-2], Rep. McBride, Sarah [D-DE-At Large], Rep. Sherrill, Mikie [D-NJ-11], Rep. Bergman, Jack [R-MI-1], Rep. Kim, Young [R-CA-40], Rep. Walkinshaw, James R. [D-VA-11]
Recent Actions
- 2025-03-06: Referred to the Subcommittee on Water Resources and Environment.
- 2025-03-06: Referred to the Committee on Armed Services, and in addition to the Committee on Transportation and Infrastructure, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
- 2025-03-06: Referred to the Committee on Armed Services, and in addition to the Committee on Transportation and Infrastructure, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
- 2025-03-06: Introduced in House
- 2025-03-06: Introduced in House
Bill Versions
- Department of Defense PFAS Discharge Prevention Act — issued 2025-03-06 — PDF (3 pages)