[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 466 Introduced in Senate (IS)]

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118th CONGRESS
  1st Session
                                 S. 466

  To provide for the National Academies of Sciences, Engineering, and 
 Medicine to study and report on a Federal research agenda to advance 
the understanding of perfluoroalkyl and polyfluoroalkyl substances, and 
                          for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           February 16, 2023

 Mr. Peters (for himself, Mr. Moran, and Mrs. Shaheen) introduced the 
 following bill; which was read twice and referred to the Committee on 
                 Commerce, Science, and Transportation

_______________________________________________________________________

                                 A BILL


 
  To provide for the National Academies of Sciences, Engineering, and 
 Medicine to study and report on a Federal research agenda to advance 
the understanding of perfluoroalkyl 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 ``Federal PFAS Research Evaluation 
Act''.

SEC. 2. FINDINGS.

    Congress finds that--
            (1) perfluoroalkyl and polyfluoroalkyl substances are a 
        group of manmade chemicals that have been used in a wide range 
        of products since the 1940s, including firefighting foam, 
        carpeting, packaging, and cookware;
            (2) there are more than 5,000 types of registered 
        perfluoroalkyl and polyfluoroalkyl substances;
            (3) perfluoroalkyl and polyfluoroalkyl substances are not 
        currently regulated at the Federal level;
            (4) perfluoroalkyl and polyfluoroalkyl substances--
                    (A) have been detected in air, water, soil, food, 
                biosolids, and more, where they persist for a long 
                time;
                    (B) can accumulate and remain in the human body and 
                in wildlife and other biota for a long time; and
                    (C) can lead to serious health effects, including 
                cancer, low infant birthweight, liver and kidney 
                issues, reproductive and developmental problems, and 
                more;
            (5) there remains much unknown about--
                    (A) the toxicity, human and environmental health 
                effects, exposure pathways, and effective removal, 
                treatment, and destruction methods of perfluoroalkyl 
                and polyfluoroalkyl substances; and
                    (B) safe alternatives to perfluoroalkyl and 
                polyfluoroalkyl substances;
            (6) Federal research efforts have been fragmented at 
        various Federal agencies and have struggled to effectively 
        address the full scope of challenges presented by 
        perfluoroalkyl and polyfluoroalkyl substances;
            (7) regulatory action and cleanup with respect to 
        perfluoroalkyl and polyfluoroalkyl substances depend on--
                    (A) scientific analysis of toxicity data of 
                perfluoroalkyl and polyfluoroalkyl substances;
                    (B) decision making on how best to deal with the 
                thousands of perfluoroalkyl and polyfluoroalkyl 
                substances; and
                    (C) understanding the significance of the many 
                exposure pathways for perfluoroalkyl and 
                polyfluoroalkyl substances that exist; and
            (8) a consensus study by the National Academies would help 
        inform decisions by the Federal Government, State governments, 
        industry, and other stakeholders on how to best address 
        perfluoroalkyl and polyfluoroalkyl substances.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Administrator.--The term ``Administrator'' means the 
        Administrator of the Environmental Protection Agency.
            (2) Director.--The term ``Director'' means the Director of 
        the National Science Foundation.
            (3) National academies.--The term ``National Academies'' 
        means the National Academies of Sciences, Engineering, and 
        Medicine.

SEC. 4. NATIONAL ACADEMIES REPORTS.

    (a) Research Assessments of PFAS Exposure and Toxicity.--
            (1) In general.--Not later than 90 days after the date of 
        enactment of this Act, the Director, in consultation with the 
        Administrator, the Secretary of Defense, the Director of the 
        National Institutes of Health, and the heads of other Federal 
        agencies with expertise relevant to understanding exposure to 
        and toxicity of perfluoroalkyl and polyfluoroalkyl substances, 
        shall enter into an agreement with the National Academies--
                    (A) to conduct a 2-phase study in accordance with 
                this subsection to identify research and development 
                needed to advance human exposure estimations and 
                toxicity and hazard estimations of individual 
                perfluoroalkyl and polyfluoroalkyl substances or 
                perfluoroalkyl and polyfluoroalkyl substances 
                collectively; and
                    (B) to submit reports describing the results of the 
                studies in accordance with this subsection.
            (2) Phase i study and report on human exposure 
        estimation.--
                    (A) In general.--The phase I study under paragraph 
                (1) shall, at a minimum--
                            (i) consider lifecycle information on the 
                        manufacture, use, and disposal of products 
                        containing perfluoroalkyl and polyfluoroalkyl 
                        substances to identify potential human exposure 
                        sources and pathways;
                            (ii) evaluate--
                                    (I) the fate and transport of 
                                perfluoroalkyl and polyfluoroalkyl 
                                substances; and
                                    (II) the breakdown products of 
                                perfluoroalkyl and polyfluoroalkyl 
                                substances, as related to human 
                                exposure;
                            (iii) if feasible, estimate human exposure 
                        to individual perfluoroalkyl and 
                        polyfluoroalkyl substances or perfluoroalkyl 
                        and polyfluoroalkyl substances collectively to 
                        determine relative source contributions for 
                        various exposure pathways (such as air, water, 
                        soil, or food);
                            (iv) determine which perfluoroalkyl and 
                        polyfluoroalkyl substances are most likely to 
                        contribute to human exposure; and
                            (v) identify research that is needed to 
                        advance exposure estimations to individual 
                        perfluoroalkyl and polyfluoroalkyl substances 
                        or perfluoroalkyl and polyfluoroalkyl 
                        substances collectively.
                    (B) Report.--Not later than 1 year after the date 
                on which the agreement described in paragraph (1) is 
                finalized, the National Academies shall--
                            (i) submit to Congress a report containing 
                        the findings and recommendations of the study 
                        described in subparagraph (A); and
                            (ii) make the report under clause (i) 
                        available on a publicly accessible website.
            (3) Phase ii study and report on pfas toxicity and hazard 
        estimation.--
                    (A) In general.--The phase II study under paragraph 
                (1) shall, at a minimum--
                            (i)(I) review animal and human toxicity 
                        information on the perfluoroalkyl and 
                        polyfluoroalkyl substances most likely to 
                        contribute to human exposure, as identified in 
                        the phase I report under paragraph (2)(B)(i); 
                        and
                            (II) develop an approach for conducting a 
                        human health hazard assessment of the 
                        identified perfluoroalkyl and polyfluoroalkyl 
                        substances;
                            (ii) give consideration as to whether 
                        chemical category-based approaches for 
                        assessing hazards would be appropriate for 
                        evaluating perfluoroalkyl and polyfluoroalkyl 
                        substances as a group; and
                            (iii) identify research that is needed to 
                        advance toxicity and hazard assessments of 
                        individual perfluoroalkyl and polyfluoroalkyl 
                        substances or perfluoroalkyl and 
                        polyfluoroalkyl substances collectively.
                    (B) Report.--Not later than 1 year after the date 
                on which the phase I report is submitted to Congress 
                under paragraph (2)(B)(i), the National Academies 
                shall--
                            (i) submit to Congress a report containing 
                        the findings and recommendations of the study 
                        described in subparagraph (A); and
                            (ii) make the report under clause (i) 
                        available on a publicly accessible website.
    (b) Research Assessments of Management and Treatment Alternatives 
for PFAS Contamination in the Environment and Development of Safe 
Alternatives.--
            (1) In general.--Not later than 90 days after the date of 
        enactment of this Act, the Director and the Administrator, in 
        consultation with the Secretary of Defense and the heads of 
        other Federal agencies with expertise relevant to the 
        development of alternatives to perfluoroalkyl and 
        polyfluoroalkyl substances and the management and treatment of 
        perfluoroalkyl and polyfluoroalkyl substances, shall jointly 
        enter into an agreement with the National Academies--
                    (A) to conduct a 2-phase study in accordance with 
                this subsection to better understand--
                            (i) the research and development needed to 
                        advance the understanding of the extent and 
                        implications of environmental contamination by 
                        perfluoroalkyl and polyfluoroalkyl substances;
                            (ii) the best methods to manage and treat 
                        that contamination; and
                            (iii) the development of safe alternatives 
                        to perfluoroalkyl and polyfluoroalkyl 
                        substances; and
                    (B) to submit reports describing the results of the 
                studies in accordance with this subsection.
            (2) Phase i study and report on treatment and 
        remediation.--
                    (A) In general.--The phase I study under paragraph 
                (1) shall, at a minimum--
                            (i) assess the best available strategies 
                        for treatment, site remediation, and safe 
                        disposal of perfluoroalkyl and polyfluoroalkyl 
                        substances; and
                            (ii) describe research gaps relating to the 
                        issues described in clause (i), including 
                        socioeconomic considerations and ways that the 
                        Federal Government can address the research 
                        needs.
                    (B) Report.--Not later than 18 months after the 
                date on which the agreement described in paragraph (1) 
                is finalized, the National Academies shall--
                            (i) submit to Congress a report containing 
                        the findings and recommendations of the study 
                        described in subparagraph (A); and
                            (ii) make the report under clause (i) 
                        available on a publicly accessible website.
            (3) Phase ii study and report on assessment of safe 
        alternatives for pfas.--
                    (A) In general.--The phase II study under paragraph 
                (1) shall, at a minimum--
                            (i) examine the state of knowledge for 
                        alternatives to perfluoroalkyl and 
                        polyfluoroalkyl substances in applications 
                        currently, as of the date of the study, using 
                        perfluoroalkyl and polyfluoroalkyl substances 
                        that contribute to significant human health or 
                        ecological exposures and potential risk; and
                            (ii) identify research needs to address the 
                        highest priorities for development of 
                        alternatives to perfluoroalkyl and 
                        polyfluoroalkyl substances.
                    (B) Report.--Not later than 3 years after the date 
                on which the agreement described in paragraph (1) is 
                finalized, the National Academies shall--
                            (i) submit to Congress a report containing 
                        the findings and recommendations of the study 
                        described in subparagraph (A); and
                            (ii) make the report under clause (i) 
                        available on a publicly accessible website.

SEC. 5. IMPLEMENTATION PLAN.

    (a) In General.--Not later than 180 days after the date on which 
all reports from the National Academies under section 4 have been 
submitted to Congress, the Director of the Office of Science and 
Technology Policy, in coordination with the heads of all relevant 
Federal agencies, shall submit to Congress an implementation plan for 
increased collaboration and coordination of Federal research, 
development, and demonstration activities with respect to 
perfluoroalkyl and polyfluoroalkyl substances.
    (b) Requirement.--In preparing the implementation plan under 
subsection (a), the Director of the Office of Science and Technology 
Policy shall take into consideration the recommendations included in 
the reports submitted to Congress under section 4.
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