[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 4492 Introduced in Senate (IS)]
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117th CONGRESS
2d Session
S. 4492
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
June 23, 2022
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) decisionmaking 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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