[Senate Report 118-112]
[From the U.S. Government Publishing Office]


                                                       Calendar No. 250


118th Congress }                                              {  Report
 1st Session   }            SENATE                            { 118-112
                                                                
_______________________________________________________________________

                                     

                                                       

                   PROTECTING CONSUMERS FROM PFAS ACT

                               __________

                              R E P O R T

                                 of the

                   COMMITTEE ON HOMELAND SECURITY AND

                          GOVERNMENTAL AFFAIRS

                          UNITED STATES SENATE

                              to accompany

                                 S. 820

             TO ADD THE CONSUMER PRODUCT SAFETY COMMISSION
                 TO THE LIST OF AGENCIES REQUIRED TO BE
           REPRESENTED ON THE PFAS INTERAGENCY WORKING GROUP




               November 27, 2023.--Ordered to be printed
               
                           ______

             U.S. GOVERNMENT PUBLISHING OFFICE 
 49-010          WASHINGTON : 2023          
 
 
               
               
               
               
        COMMITTEE ON HOMELAND SECURITY AND GOVERNMENTAL AFFAIRS

                   GARY C. PETERS, Michigan, Chairman
THOMAS R. CARPER, Delaware           RAND PAUL, Kentucky
MAGGIE HASSAN, New Hampshire         RON JOHNSON, Wisconsin
KYRSTEN SINEMA, Arizona              JAMES LANKFORD, Oklahoma
JACKY ROSEN, Nevada                  MITT ROMNEY, Utah
JON OSSOFF, Georgia                  RICK SCOTT, Florida
RICHARD BLUMENTHAL, Connecticut      JOSH HAWLEY, Missouri
LAPHONZA R. BUTLER, California       ROGER MARSHALL, Kansas

                   David M. Weinberg, Staff Director
            Lena C. Chang, Director of Governmental Affairs
              Chelsea A. Davis, Professional Staff Member
           William E. Henderson III, Minority Staff Director
              Christina N. Salazar, Minority Chief Counsel
                  Andrew J. Hopkins, Minority Counsel
                     Laura W. Kilbride, Chief Clerk



                                                       Calendar No. 250
                                                       
                                                       
118th Congress }                                                {  Report
                                 SENATE
 1st Session   }                                                { 118-112

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



 
                   PROTECTING CONSUMERS FROM PFAS ACT

                                _______
                                

               November 27, 2023.--Ordered to be printed

                                _______
                                

 Mr. Peters, from the Committee on Homeland Security and Governmental 
                    Affairs, submitted the following

                              R E P O R T

                         [To accompany S. 820]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Homeland Security and Governmental 
Affairs, to which was referred the bill (S. 820) to add the 
Consumer Product Safety Commission to the list of agencies 
required to be represented on the PFAS interagency working 
group, having considered the same, reports favorably thereon 
with an amendment and recommends that the bill, as amended, do 
pass.

                                CONTENTS

                                                                   Page
  I. Purpose and Summary..............................................1
 II. Background and Need for the Legislation..........................2
III. Legislative History..............................................3
 IV. Section-by-Section Analysis of the Bill, as Reported.............3
  V. Evaluation of Regulatory Impact..................................4
 VI. Congressional Budget Office Cost Estimate........................4
VII. Changes in Existing Law Made by the Bill, as Reported............5

                         I. Purpose and Summary

    S. 820, the Protecting Consumers from PFAS Act, would add 
the Consumer Product Safety Commission (CPSC) to the list of 
agencies required to be represented on the interagency working 
group on research related to per- and polyfluoroalkyl 
substances (PFAS interagency working group), established by 
Section 332(b) of William M. (Mac) Thornberry National Defense 
Authorization Act for Fiscal Year 2021.\1\ Representation on 
the working group would allow the CPSC to better protect the 
public against unreasonable risks of injury associated with 
consumer products that may contain per- and polyfluoroalkyl 
substances (PFAS).
---------------------------------------------------------------------------
    \1\15 U.S.C. 8963(b).
---------------------------------------------------------------------------

              II. Background and the Need for Legislation

    PFAS are manufactured chemicals that can be found in 
industrial and consumer products. PFAS are often referred to as 
``forever chemicals'' because they do not break down in the 
environment or in living organisms.\2\ A growing list of over 
9,000 PFAS chemicals threaten the health of workers, consumers 
and communities.\3\
---------------------------------------------------------------------------
    \2\Harvard T.H. Chan School of Public Health, Protecting Against 
`Forever Chemicals' (Mar. 16, 2023).
    \3\Center for Disease Control and Prevention, The National 
Institute for Occupational Safety and Health, Per- and polyfluoroalkyl 
substances (PFAS) (www.cdc.gov/niosh/topics/pfas/
default.html) (accessed Jun. 15, 2023).
---------------------------------------------------------------------------
    PFAS are found in everyday household products--including 
stain-resistant fabrics, water-repellent clothing, and nonstick 
cookware.\4\ PFAS chemicals are also found in industrial 
production, firefighting foams, and waste, which can lead to 
pervasive contamination of soil and water.\5\ In June 2022, the 
Environmental Protection Agency (EPA) updated its drinking 
water health advisories for the two most widely studied PFAS--
perfluorooctanoic acid (PFOA) and perfluorooctane sulfonic acid 
(PFOS)--after finding that negative health effects can occur 
with concentrations of PFOA or PFOS in water that are near zero 
and below EPA's ability to detect at this time.\6\
---------------------------------------------------------------------------
    \4\Center for Disease Control and Prevention, Agency for Toxic 
Substances and Disease Registry, Per- and Polyfluoroalkyl Substances 
(PFAS) (www.atsdr.cdc.gov/pfas/activities/index.html) (accessed Jun. 
15, 2023).
    \5\U.S. Environmental Protection Agency, Our Current Understanding 
of the Human Health and Environmental Risks of PFAS (www.epa.gov/pfas/
our-current-understanding-human-health-and-environmental-risks-pfas) 
(accessed Jun. 15, 2023).
    \6\U.S. Environmental Protection Agency, EPA Announces New Drinking 
Water Health Advisories for PFAS Chemicals, $1 Billion in Bipartisan 
Infrastructure Law Funding to Strengthen Health Protections (Jun. 15, 
2022).
---------------------------------------------------------------------------
    PFAS contamination extends beyond drinking water and other 
environmental impacts. A 2019 study published in the National 
Institute of Environmental Health Sciences journal found PFAS 
in consumers' blood, associated with food packaging (``Calories 
of food eaten at home in the past 24 hours had significant 
inverse associations with serum levels of all five PFASs'').\7\ 
Research suggests that in the U.S. population, most people have 
been exposed to PFAS, specifically PFOA and PFOS, which has 
been monitored through blood samples and studies collected by 
the Centers for Disease Control and Prevention (CDC).\8\ CDC 
research has found that PFAS chemicals may be present in the 
blood of up to 97% of Americans, but full exposure is difficult 
to monitor due to the continued development of new types of 
PFAS chemicals used in products.\9\
---------------------------------------------------------------------------
    \7\Herbert P. Susmann et al., Dietary Habits Related to Food 
Packaging and Population Exposure to PFAS, Environmental Health 
Perspectives (Oct. 9, 2019).
    \8\Center for Disease Control and Prevention, Agency for Toxic 
Substances and Disease Registry, Per- and Polyfluoroalkyl Substances 
(PFAS), PFAS in the U.S. Population (www.atsdr.cdc.gov/pfas/health-
effects/us-population.html) (accessed Jun. 15 2023).
    \9\National Institute of Environmental Health Sciences, 
Perfluoroalkyl and Polyfluoroalkyl Substances (PFAS) (https://
www.niehs.nih.gov/health/topics/agents/pfc/) (accessed Jun. 15, 2023).
---------------------------------------------------------------------------
    Exposure to PFAS chemicals is associated with widespread 
negative health impacts. Studies have suggested that humans 
exposed to PFAS may have an increased risk of kidney or 
testicular cancer, increased cholesterol levels, changes in 
liver enzymes, small decreases in infant birth weights, 
decreased vaccine response in children, and increased risk of 
high blood pressure or pre-eclampsia in pregnant women.\10\ In 
a June 2022 study, the National Institute of Environmental 
Health Sciences found that ``higher levels of PFAS mixture were 
significantly associated with higher risk of all-cause 
mortality'' and that ``PFOS concentrations were positively 
correlated with all-cause, heart disease, and cancer 
mortality.''\11\
---------------------------------------------------------------------------
    \10\Center for Disease Control and Prevention, Agency for Toxic 
Substances and Disease Registry, Per- and Polyfluoroalkyl Substances 
(PFAS) and Your Health, What are the health effects of PFAS? 
(www.atsdr.cdc.gov/pfas/health-effects/index.html) (accessed Jun. 15, 
2023).
    \11\Xue Wen et al., Exposure to Per- and Polyfluoroalkyl Substances 
and Mortality in U.S. Adults: A Population-Based Cohort Study, 
Environmental Health Perspectives (Jun. 22, 2022).
---------------------------------------------------------------------------
    PFAS chemicals are ubiquitous in consumer products and the 
CPSC recognized in June 2022 that it must follow EPA's goal of 
regulating hazards associated with PFAS.\12\ This bill 
therefore requires the CPSC to be represented on the PFAS 
interagency working group, which coordinates federal PFAS 
research and strategic planning. While the CPSC has voluntarily 
attended working group meetings in the past, this requirement 
would ensure their presence and participation would continue 
through the duration of the working group. Providing the CPSC a 
permanent seat on the PFAS interagency working group would help 
ensure the working group is equipped with the right tools to 
protect the public against risks of injury associated with 
contaminated consumer products that may contain PFAS.
---------------------------------------------------------------------------
    \12\U.S. Consumer Product Safety Commission, EPA Takes Bold Action 
to Alert the Public About Deadly Risks of PFAS & PFOS in Water Supply; 
if There is No Safe Level in Water, CPSC Must Examine Whether We Should 
Allow PFAS & PFOS in Consumer Products (Jun. 17, 2022) (www.cpsc.gov/
s3fs-public/Trumka%20PFAS%206.17.22.docx_.pdf?VersionId=NXxu863Yny.GeJS
O4v5kbqrW5N1wEeLD).
---------------------------------------------------------------------------

                        III. Legislative History

    Chairman Gary Peters (D-MI) introduced S. 820, the 
Protecting Consumers from PFAS Act, on March 15, 2023, with 
original cosponsors Senators Susan Collins (R-ME), Cynthia 
Lummis (R-WY), and Peter Welch (D-VT). The bill was referred to 
the Committee on Homeland Security and Governmental Affairs.
    The Committee considered S. 820 at a business meeting on 
June 14, 2023. At the business meeting, Senator Paul offered an 
amendment to the bill, to limit appropriations funding and 
clarify that no additional funds would be appropriated to 
implement the legislation. The Paul amendment was adopted by 
voice vote, with Senators Peters, Hassan, Sinema, Rosen, 
Padilla, Ossoff, Blumenthal, Paul, Lankford, Romney, Scott, 
Hawley, and Marshall present. The bill, as amended, was ordered 
reported favorably by roll call vote of 11 yeas to 2 nays, with 
Senators Peters, Hassan, Sinema, Rosen, Padilla, Ossoff, 
Blumenthal, Romney, Scott, Hawley, and Marshall voting in the 
affirmative, and Senators Paul and Lankford voting in the 
negative. Senators Carper and Johnson voted yea by proxy, for 
the record only.

        IV. Section-by-Section Analysis of the Bill, as Reported


Section 1. Short title

    This section establishes the short title of the bill as the 
``Protecting Consumers from PFAS Act.''

Section 2. PFAS interagency working group

    This section amends 332(b) of the William M. (Mac) 
Thornberry National Defense Authorization Act for Fiscal Year 
2021 to include the Consumer Product Safety Commission in the 
PFAS interagency working group created by that Act.

Section 3. Limitation on new funding

    Provides that no additional funds are authorized to be 
appropriated for carrying out the act or any amendment made by 
the act.

                   V. Evaluation of Regulatory Impact

    Pursuant to the requirements of paragraph 11(b) of rule 
XXVI of the Standing Rules of the Senate, the Committee has 
considered the regulatory impact of this bill and determined 
that the bill will have no regulatory impact within the meaning 
of the rules. The Committee agrees with the Congressional 
Budget Office's statement that the bill contains no 
intergovernmental or private-sector mandates as defined in the 
Unfunded Mandates Reform Act (UMRA) and would impose no costs 
on state, local, or tribal governments.

             VI. Congressional Budget Office Cost Estimate




    S. 820 would add the Consumer Product Safety Commission 
(CPSC) to the list of agencies required to participate in the 
per- and polyfluoroalkyl substances (PFAS) interagency working 
group that was established in the William M. (Mac) Thornberry 
National Defense Authorization Act for Fiscal Year 2021 to 
coordinate federal activities related to PFAS. Because CPSC 
already participates in the group, CBO estimates that enacting 
S. 820 would have no effect on the federal budget.
    The CBO staff contact for this estimate is Katie Zhang. The 
estimate was reviewed by Emily Stern, Senior Adviser for Budget 
Analysis.

                                         Phillip L. Swagel,
                             Director, Congressional Budget Office.

       VII. Changes in Existing Law Made by the Bill, as Reported

    In compliance with paragraph 12 of rule XXVI of the 
Standing Rules of the Senate, changes in existing law made by 
the bill, as reported, are shown as follows (existing law 
proposed to be omitted is enclosed in brackets, new matter is 
printed in italic, and existing law in which no change is 
proposed is shown in roman):

  WILLIAM M. (MAC) THORNBERRY NATIONAL DEFENSE AUTHORIZATION ACT FOR 
FISCAL YEAR 2021

           *       *       *       *       *       *       *


DIVISION A--DEPARTMENT OF DEFENSE AUTHORIZATIONS

           *       *       *       *       *       *       *


TITLE III--OPERATIONS AND MAINTENANCE

           *       *       *       *       *       *       *


Subtitle B--Energy and Environment

           *       *       *       *       *       *       *


SEC. 332. INTERAGENCY BODY ON RESEARCH RELATED TO PER- AND 
                    POLYFLUROALKYL SYBSTANCES.

    (a) * * *
    (b) Agency Participation.--The interagency working group 
shall include a representative of each of--
          (1) * * *

           *       *       *       *       *       *       *

          (19) the Office of Management and Budget; [and]
          (20) the Consumer Product Safety Commission; and
          [20] (21) any such other Federal department or agency 
        as the Director of the Office of Science and Technology 
        Policy considers appropriate.

           *       *       *       *       *       *       *