[House Report 117-406]
[From the U.S. Government Publishing Office]


117th Congress    }                                   {      Report
                        HOUSE OF REPRESENTATIVES
 2d Session       }                                   {      117-406

======================================================================

 
                  FEDERAL PFAS RESEARCH EVALUATION ACT

                                _______
                                

 July 13, 2022.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

    Ms. Johnson of Texas, from the Committee on Science, Space, and 
                  Technology, submitted the following

                              R E P O R T

                        [To accompany H.R. 7289]

    The Committee on Science, Space, and Technology, to whom 
was referred the bill (H.R. 7289) to provide for the National 
Academies to study and report on a Federal research agenda to 
advance the understanding of PFAS, and for other purposes, 
having considered the same, reports favorably thereon with an 
amendment and recommends that the bill as amended do pass.

                                CONTENTS

                                                                   Page
   I. Amendment.......................................................1
  II. Purpose of the Bill.............................................3
 III. Background and Need for the Legislation.........................3
  IV. Committee Hearings..............................................4
   V. Committee Consideration and Votes...............................4
  VI. Summary of Major Provisions of the Bill.........................5
 VII. Section-by-Section Analysis (By Title and Section)..............5
VIII. Committee Views.................................................6
  IX. Cost Estimate...................................................6
   X. Congressional Budget Office Cost Estimate.......................6
  XI. Compliance with Public Law 104-4 (Unfunded Mandates)............6
 XII. Committee Oversight Findings and Recommendations................6
XIII. Statement on General Performance Goals and Objectives...........6
 XIV. Federal Advisory Committee Statement............................6
  XV. Duplication of Federal Programs.................................7
 XVI. Earmark Identification..........................................7
XVII. Applicability to the Legislative Branch.........................7
XVIII.Statement on Preemption of State, Local, or Tribal Law..........7

 XIX. Proceedings of Full Committee Markup............................8

                              I. AMENDMENT

    The amendment is as follows:
    Strike all after the enacting clause and insert the 
following:

SECTION 1. SHORT TITLE.

  This Act may be cited as the ``Federal PFAS Research Evaluation 
Act''.

SEC. 2. FINDINGS.

  Congress finds the following:
          (1) Perfluoroalkyl and polyfluoroalkyl substances (PFAS) are 
        a group of man-made chemicals that have been used in a wide 
        range of products since the 1940s including firefighting foam, 
        carpeting, packaging, and cookware. There are more than 5,000 
        types of registered PFAS compounds. This chemical class is not 
        currently regulated at the Federal level.
          (2) PFAS have been detected in air, water, soil, food, 
        biosolids, and more. They can accumulate and remain in the body 
        for a long time, and potentially lead to serious health effects 
        including cancer, low infant birthweight, liver and kidney 
        issues, reproductive and developmental problems, and more.
          (3) There remains much unknown about PFAS toxicity, human and 
        environmental health effects, exposure pathways, as well as 
        effective removal, treatment, and destruction methods, and safe 
        alternatives to PFAS.
          (4) Federal research efforts have been fragmented at various 
        agencies and struggled to effectively address the full scope of 
        challenges presented by PFAS.
          (5) Regulatory action and cleanup depend on scientific 
        analysis of toxicity data, decision making on how best to deal 
        with PFAS, and understanding the significance of the many 
        exposure pathways that exist. A consensus study by the National 
        Academies of Sciences, Engineering, and Medicine would help 
        inform decisions by Federal and State Governments, industry, 
        and other stakeholders on how to best address PFAS.

SEC. 3. NATIONAL ACADEMIES REPORTS.

  (a) Research Assessments of PFAS.--
          (1) In general.--Not later than 90 days after the date of 
        enactment of this Act, the Administrator of the Environmental 
        Protection Agency, in consultation with the Director of the 
        National Science Foundation, the Secretary of Defense, the 
        Director of the National Institutes of Health, and other 
        Federal agencies with expertise relevant to understanding PFAS 
        exposure, behavior, and toxicity, shall enter into an agreement 
        with the National Academies to conduct a study and submit a 
        report in accordance with this subsection to further address 
        research and knowledge gaps identified by the Federal 
        Government Human Health PFAS Research Workshop held on October 
        26 and 27, 2020, and identify research and development needed 
        to identify, categorize, evaluate, and address individual or 
        total PFAS.
          (2) Study and report on human exposure estimation.--
                  (A) In general.--The study required to be conducted 
                under paragraph (1) shall, at a minimum--
                          (i) consider life-cycle information on the 
                        manufacture, use, and disposal of PFAS-
                        containing products to identify potential human 
                        exposure sources, including occupational 
                        exposures, and potential exposure pathways for 
                        the public;
                          (ii) evaluate the fate and transport of PFAS 
                        and their breakdown products;
                          (iii) if feasible, estimate human exposure to 
                        individual or total PFAS to determine relative 
                        source contributions for various exposure 
                        pathways (such as air, water, soil, or food);
                          (iv) determine the range of solubility, 
                        stability, and volatility of PFAS most likely 
                        to be found in the environment and the 
                        resulting prevalence in animals and humans;
                          (v) give consideration as to whether chemical 
                        category-based approaches would be appropriate 
                        for evaluating PFAS toxicity and exposure;
                          (vi) identify research needed to advance 
                        exposure estimation to individual or total 
                        PFAS; and
                          (vii) identify research needed to advance 
                        toxicity and hazard assessment of individual or 
                        total PFAS.
                  (B) Report.--Not later than 540 days after the date 
                on which the agreement described in paragraph (1) is 
                finalized, the National Academies shall submit to 
                Congress a report containing the findings and 
                recommendations of the study described in subparagraph 
                (A) and shall make such report available on a publicly 
                accessible website.
  (b) Research Assessment of Management and Treatment Alternatives for 
PFAS Contamination in the Environment.--
          (1) In general.--Not later than 90 days after the date of 
        enactment of this Act, the Administrator of the Environmental 
        Protection Agency and the Director of the National Science 
        Foundation, in consultation with the Secretary of Defense and 
        other Federal agencies with expertise relevant to the 
        development of PFAS alternatives and the management and 
        treatment of PFAS, shall jointly enter into an agreement with 
        the National Academies to conduct a study and submit a report 
        in accordance with this subsection to better understand the 
        research and development needed to advance the understanding of 
        the extent and implications of human and environmental 
        contamination by PFAS, how to manage and treat such 
        contamination, and the development of safe alternatives.
          (2) Scope of study.--The study described in paragraph (1) 
        shall, at a minimum, include the following:
                  (A) An assessment of the best available strategies 
                for PFAS treatment, site remediation, and safe 
                disposal, including demonstration or pilot projects 
                related to destruction methods and alternative 
                materials or tools for firefighters.
                  (B) A description of the research gaps relating to 
                such issues, including consideration of emerging or 
                future PFAS and potential classification methods.
                  (C) Recommendations on how the Federal Government can 
                best address the research needs identified pursuant to 
                subparagraph (B) through increased collaboration or 
                coordination of existing and new programs.
                  (D) Recommendations on how research can best 
                incorporate considerations of socioeconomic issues into 
                the development of research proposals and the conduct 
                of research.
          (3) Report.--Not later than 540 days after the date on which 
        the agreement described in paragraph (1) is finalized, the 
        National Academies shall submit to Congress a report containing 
        the findings and recommendations of the study described in 
        paragraph (2) and shall make such report available on a 
        publicly accessible website.
  (c) Authorization of Appropriations.--There is authorized to be 
appropriated $3,000,000 to the Administrator of the Environmental 
Protection Agency to carry out this section.
SEC. 4. IMPLEMENTATION PLAN.
  Not later than 180 days after submission to Congress of latest of the 
National Academies reports under section 3, the Director of the Office 
of Science and Technology Policy, in coordination with all relevant 
Federal agencies, shall submit to Congress an implementation plan for 
increased collaboration and coordination of Federal PFAS research, 
development, and demonstration activities. In preparing such an 
implementation plan, the Director shall take into consideration the 
recommendations included in the reports in section 3.

SEC. 5. DEFINITIONS.

  In this Act:
          (1) National academies.--The term ``National Academies'' 
        means the National Academies of Sciences, Engineering, and 
        Medicine.
          (2) PFAS.--The term ``PFAS'' means per- and polyfluoroalkyl 
        substances, including mixtures of such substances.

                        II. PURPOSE OF THE BILL

    H.R. 7289, the Federal PFAS Research Evaluation Act, 
directs the Administrator of the Environmental Protection 
Agency (EPA) to enter into agreements with the National 
Academies of Sciences, Engineering, and Medicine (NASEM) to 
conduct consensus studies to assess research and knowledge gaps 
related to human exposure, toxicity, management, treatment and 
development of alternatives of per and polyfluoroalkyl 
substances.

              III. BACKGROUND AND NEED FOR THE LEGISLATION

    Perfluoroalkyl and polyfluoroalkyl substances (PFAS) are 
chemicals which have been in widespread use since the 1940s. 
Their use ranges from firefighting foam, packaging, and 
cookware surfactants. Thousands of different PFAS have been 
identified, with variation as to the breadth of study of each 
compound. PFAS break down slowly and can bioaccumulate in 
environments, people, and animals for extensive time. PFAS are 
present broadly and exposure sites are found across the 
continental US and in Alaska, including in drinking water, 
within soil in sites like landfills and hazardous waste sites, 
and in food from animals who have been contaminated by PFAS.
    PFAS exposures can potentially lead to reproductive 
effects, developmental delays, increased cancer risk, immune 
system suppression, hormonal changes, and increased 
cholesterol. Various agencies at the Federal and state levels 
are working to increase their understanding of PFAS and its 
health effects on humans, as well as improvement of treatment 
and mangement of PFAS in the environment. However, the number 
of PFAS compounds and variation has made studying health 
effects of, contamination management and treatment of, and 
development of safer alternatives to PFAS challenging.
    This legislation would direct the EPA to enter into 
agreements with the NASEM to conduct studies to determine the 
research efforts needed to further the understanding of human 
exposure to, and toxicity of PFAS, as well as treatment of PFAS 
contamination in the environment, and the development of safe 
alternatives to PFAS. Identifying research gaps can support the 
Federal Government's ability to address PFAS through increased 
collaboration and coordination of ongoing and new research and 
development activities.

                         IV. COMMITTEE HEARINGS

    Pursuant to clause 3(c)(6) of House Rule XIII, the 
Committee designates the following hearings as having been used 
to develop or consider the legislation:
    On December 7, 2021, the Subcommittees on Environment and 
Research and Technology held a joint hearing titled ``Forever 
Chemicals: Research and Development for Addressing the PFAS 
Problem.'' During this hearing, Representative Fletcher asked 
the witnesses what types of questions studies about the gaps in 
knowledge about PFAS, like those authorized in this bill, 
should address. The following witnesses testified at the 
December 7, 2021 hearing:
           Dr. Elsie Sunderland, Gordan McKay Professor 
        of Environmental Chemistry, Harvard John A. Paulson 
        School of Engineering and Applied Sciences, Harvard 
        T.H. Chan School of Public Health
           Ms. Abigail Hendershott, Executive Director, 
        Michigan PFAS Action Response Team (MPART)
           Ms. Amy Dindal, Director of Environmental 
        Research and Development, Battelle Memorial Institute
           Dr. Peter Jaffe, Professor, Department Civil 
        and Environmental Engineering, Princeton University

                  V. COMMITTEE CONSIDERATION AND VOTES

    On March 30, 2022, H.R. 7289 or the Federal PFAS Research 
Evaluation Act was introduced in the House of Representatives 
by Representative Lizzie Fletcher, with Representative Peter 
Meijer as an original cosponsor of the bill. Additional 
cosponsors include Representatives Bonamici, Posey, and 
Stevens. The bill was referred solely to the Committee on 
Science, Space, and Technology.
    The bill was considered in a Full Committee markup on May 
17, 2022 where two amendments were offered. First, 
Representative Fletcher offered an Amendment in the Nature of a 
Substitute (ANS) that consolidated the two-phase NASEM study on 
human exposure estimation and toxicity and hazard estimation 
into a single study and made additional technical changes to 
the underlying bill. The second amendment, offered by 
Representative Foster, added chemical mixtures of PFAS to the 
definition of PFAS in the legislation. Representative Foster's 
amendment was passed by voice vote. The ANS, as amended, was 
also passed by voice vote. H.R. 7289, the Federal PFAS Research 
Evaluation Act, was reported favorably, as amended, to the 
House of Representatives by voice vote.

              VI. SUMMARY OF MAJOR PROVISIONS OF THE BILL

    H.R. 7289 directs the Administrator of the EPA, in 
consultation with the Directors of the National Science 
Foundation, the National Institutes of Health, and the 
Secretary of Defense to enter into agreements with the National 
Academies of Sciences, Engineering, and Medicine (NASEM) to 
conduct consensus studies and submit reports to Congress on the 
research and knowledge gaps in PFAS exposure to human health, 
as identified by the Federal Government Human Health PFAS 
Research Workshop in October 2020. These entities are also 
directed to submit a report on research and knowledge gaps on 
management and treatment of PFAS in the environment, and the 
development of safer alternatives.

        VII. SECTION-BY-SECTION ANALYSIS (BY TITLE AND SECTION)

Sec 1. Short title

Sec 2. Findings

Sec 3. National Academies reports

    This section directs the EPA Administrator to enter into an 
agreement with NASEM to conduct a study, and submit a report to 
Congress, on the research and development needed to advance 
human exposure estimation, and toxicity and hazard estimation 
of individual or total PFAS. It also directs the EPA 
Administrator and the Director of the National Science 
Foundation to jointly enter into an agreement with NASEM to 
conduct a study, and submit a report to Congress, to identify 
research and development needed to advance the understanding of 
the management and treatment of PFAS contamination in the 
environment, and the development of safer alternatives. This 
section also authorizes appropriations of $3,000,000 to the EPA 
Administrator to carry out the studies in this section.

Sec 4. Implementation plan

    Within 180 days of submission of the reports in Section 3 
to Congress, the Director of the Office of Science and 
Technology Policy shall submit an implementation plan for 
federal PFAS research, development, and demonstration 
activities that take into consideration the findings and 
recommendations of the NASEM reports from Section 3.

Sec 5. Definitions

                         VIII. COMMITTEE VIEWS

    The Committee recognizes the importance of improving the 
understanding of PFAS toxicity, the effects of human exposure 
to PFAS, as well as management and treatment approaches. To 
effectively direct Federal efforts to address these topics, it 
is necessary to identify the biggest research gaps to guide 
Federal research and development activities related to PFAS. 
Consensus studies by NASEM can identify the highest priority 
research areas that Federal agencies should pursue, and often 
highlight opportunities for increased interagency collaboration 
and coordination.
    The Proceedings of the 2020 NASEM Federal Government Human 
Health PFAS Research Workshop highlighted research and data 
gaps across the field. The NASEM workshop recognized that there 
are over 9,000 chemicals under the PFAS umbrella, many of which 
are completely unstudied. The Committee supports robust, cross-
cutting, Federal research and development efforts to more 
thoroughly address PFAS. The NASEM studies authorized in this 
bill would provide specific and targeted recommendations for 
Federal research and development needed to better identify, 
categorize, evaluate, and address individual or total PFAS in a 
comprehensive and thorough approach. The Federal PFAS research 
and development implementation plan required by this bill will 
take into consideration the findings of these reports. 
Additional Committee views are incorporated throughout this 
report.

                           IX. COST ESTIMATE

    Pursuant to clause 3(c)(2) of rule XIII of the Rules of the 
House of Representatives, the Committee adopts as its own the 
estimate of new budget authority, entitlement authority, or tax 
expenditures or revenues contained in the cost estimate 
prepared by the Director of the Congressional Budget Office 
pursuant to section 402 of the Congressional Budget Act of 
1974.

              X. CONGRESSIONAL BUDGET OFFICE COST ESTIMATE

    No Congressional Budget Office Cost Estimate for H.R. 7289 
at time of filing.

                     XI. FEDERAL MANDATES STATEMENT

    H.R. 7289 contains no unfunded mandates.

         XII. COMMITTEE OVERSIGHT FINDINGS AND RECOMMENDATIONS

    The Committee's oversight findings and recommendations are 
reflected in the body of this report.

      XIII. STATEMENT ON GENERAL PERFORMANCE GOALS AND OBJECTIVES

    The Committee's general performance goals and objectives 
are reflected in the body of this report.

               XIV. FEDERAL ADVISORY COMMITTEE STATEMENT

    H.R. 7289 does not create any advisory committees.

                  XV. DUPLICATION OF FEDERAL PROGRAMS

    Pursuant to clause 3(c)(5) of rule XIII of the Rules of the 
House of Representatives, the Committee finds that no provision 
of H.R. 7289 establishes or reauthorizes a program of the 
federal government known to be duplicative of another federal 
program, including any program that was included in a report to 
Congress pursuant to section 21 of Public Law 111-139 or the 
most recent Catalog of Federal Domestic Assistance.

                      XVI. EARMARK IDENTIFICATION

    Pursuant to clause 9(e), 9(f), and 9(g) of rule XXI, the 
Committee finds that H.R. 5324 contains no earmarks, limited 
tax benefits, or limited tariff benefits.

             XVII. APPLICABILITY TO THE LEGISLATIVE BRANCH

    The Committee finds that H.R. 7289 does not relate to the 
terms and conditions of employment or access to public services 
or accommodations within the meaning of section 102(b)(3) of 
the Congressional Accountability Act (Public Law 104-1).

     XVIII. STATEMENT ON PREEMPTION OF STATE, LOCAL, OR TRIBAL LAW

    This bill is not intended to preempt any state, local, or 
tribal law.



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