What This Bill Does
This bill tells the National Academies of Sciences, Engineering, and Medicine to study perfluoroalkyl and polyfluoroalkyl substances (PFAS), which are manmade chemicals found in many products. The bill requires the National Academies to produce reports on how humans are exposed to PFAS, how dangerous PFAS are to human health, how to treat PFAS contamination, and how to develop safer alternatives to PFAS.
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Who It Affects
This bill directly affects the National Academies of Sciences, Engineering, and Medicine, which must conduct the studies. It also involves federal agencies including the Environmental Protection Agency, the National Science Foundation, the Department of Defense, the National Institutes of Health, and the Office of Science and Technology Policy, which must coordinate on this effort.
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Key Provisions
- The Director of the National Science Foundation must enter into an agreement with the National Academies within 90 days to conduct a two-phase study on human exposure to PFAS and the dangers PFAS poses to human health (Sec. 4(a)(1))
- The National Academies must submit a report on human exposure to PFAS to Congress no later than one year after the agreement is finalized, and post it on a public website (Sec. 4(a)(2)(B))
- The National Academies must submit a report on the dangers PFAS poses to human health to Congress no later than one year after the exposure report, and post it on a public website (Sec. 4(a)(3)(B))
- The Director of the National Science Foundation and the Environmental Protection Agency Administrator must enter into a separate agreement with the National Academies within 90 days to study how to treat PFAS contamination and develop safer alternatives to PFAS (Sec. 4(b)(1))
- The Director of the Office of Science and Technology Policy must submit an implementation plan to Congress within 180 days after all National Academies reports are submitted, showing how federal agencies will work together on PFAS research (Sec. 5(a))
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What Changes
If this bill becomes law, the federal government will commission comprehensive scientific studies on PFAS exposure, health effects, contamination cleanup methods, and development of safer chemicals. After receiving these reports, federal agencies must create a coordinated plan to address PFAS research gaps. This represents a shift from current fragmented federal research efforts on PFAS to organized, government-wide coordination.
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Important Definitions
- **Administrator:** The head of the Environmental Protection Agency (Sec. 3(1))
- **Director:** The head of the National Science Foundation (Sec. 3(2))
- **National Academies:** The National Academies of Sciences, Engineering, and Medicine (Sec. 3(3))
- **Perfluoroalkyl and polyfluoroalkyl substances (PFAS):** Manmade chemicals used since the 1940s in products like firefighting foam, carpeting, packaging, and cookware. There are more than 5,000 registered types. These chemicals persist in air, water, soil, and food and can accumulate in human bodies and wildlife (Sec. 2)
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Effective Date
Not specified in bill text
II
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 under-
standing 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, Engineer-
ing, 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 Representa-
1
tives of the United States of America in Congress assembled,
2
SECTION 1. SHORT TITLE.
3
This Act may be cited as the ‘‘Federal PFAS Re-
4
search Evaluation Act’’.
5
SEC. 2. FINDINGS.
6
Congress finds that—
7
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(1) perfluoroalkyl and polyfluoroalkyl sub-
1
stances are a group of manmade chemicals that have
2
been used in a wide range of products since the
3
1940s, including firefighting foam, carpeting, pack-
4
aging, and cookware;
5
(2) there are more than 5,000 types of reg-
6
istered perfluoroalkyl and polyfluoroalkyl substances;
7
(3) perfluoroalkyl and polyfluoroalkyl sub-
8
stances are not currently regulated at the Federal
9
level;
10
(4) perfluoroalkyl and polyfluoroalkyl sub-
11
stances—
12
(A) have been detected in air, water, soil,
13
food, biosolids, and more, where they persist for
14
a long time;
15
(B) can accumulate and remain in the
16
human body and in wildlife and other biota for
17
a long time; and
18
(C) can lead to serious health effects, in-
19
cluding cancer, low infant birthweight, liver and
20
kidney issues, reproductive and developmental
21
problems, and more;
22
(5) there remains much unknown about—
23
(A) the toxicity, human and environmental
24
health effects, exposure pathways, and effective
25
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•S 466 IS
removal, treatment, and destruction methods of
1
perfluoroalkyl and polyfluoroalkyl substances;
2
and
3
(B) safe alternatives to perfluoroalkyl and
4
polyfluoroalkyl substances;
5
(6) Federal research efforts have been frag-
6
mented at various Federal agencies and have strug-
7
gled to effectively address the full scope of chal-
8
lenges
presented
by
perfluoroalkyl
and
9
polyfluoroalkyl substances;
10
(7) regulatory action and cleanup with respect
11
to perfluoroalkyl and polyfluoroalkyl substances de-
12
pend on—
13
(A) scientific analysis of toxicity data of
14
perfluoroalkyl and polyfluoroalkyl substances;
15
(B) decision making on how best to deal
16
with the thousands of perfluoroalkyl and
17
polyfluoroalkyl substances; and
18
(C) understanding the significance of the
19
many exposure pathways for perfluoroalkyl and
20
polyfluoroalkyl substances that exist; and
21
(8) a consensus study by the National Acad-
22
emies would help inform decisions by the Federal
23
Government, State governments, industry, and other
24
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•S 466 IS
stakeholders on how to best address perfluoroalkyl
1
and polyfluoroalkyl substances.
2
SEC. 3. DEFINITIONS.
3
In this Act:
4
(1) ADMINISTRATOR.—The term ‘‘Adminis-
5
trator’’ means the Administrator of the Environ-
6
mental Protection Agency.
7
(2) DIRECTOR.—The term ‘‘Director’’ means
8
the Director of the National Science Foundation.
9
(3) NATIONAL
ACADEMIES.—The term ‘‘Na-
10
tional Academies’’ means the National Academies of
11
Sciences, Engineering, and Medicine.
12
SEC. 4. NATIONAL ACADEMIES REPORTS.
13
(a) RESEARCH ASSESSMENTS OF PFAS EXPOSURE
14
AND TOXICITY.—
15
(1) IN GENERAL.—Not later than 90 days after
16
the date of enactment of this Act, the Director, in
17
consultation with the Administrator, the Secretary
18
of Defense, the Director of the National Institutes
19
of Health, and the heads of other Federal agencies
20
with expertise relevant to understanding exposure to
21
and toxicity of perfluoroalkyl and polyfluoroalkyl
22
substances, shall enter into an agreement with the
23
National Academies—
24
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•S 466 IS
(A) to conduct a 2-phase study in accord-
1
ance with this subsection to identify research
2
and development needed to advance human ex-
3
posure estimations and toxicity and hazard esti-
4
mations
of
individual
perfluoroalkyl
and
5
polyfluoroalkyl substances or perfluoroalkyl and
6
polyfluoroalkyl substances collectively; and
7
(B) to submit reports describing the re-
8
sults of the studies in accordance with this sub-
9
section.
10
(2) PHASE I STUDY AND REPORT ON HUMAN
11
EXPOSURE ESTIMATION.—
12
(A) IN
GENERAL.—The phase I study
13
under paragraph (1) shall, at a minimum—
14
(i) consider lifecycle information on
15
the manufacture, use, and disposal of
16
products containing perfluoroalkyl and
17
polyfluoroalkyl substances to identify po-
18
tential human exposure sources and path-
19
ways;
20
(ii) evaluate—
21
(I) the fate and transport of
22
perfluoroalkyl and polyfluoroalkyl sub-
23
stances; and
24
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•S 466 IS
(II) the breakdown products of
1
perfluoroalkyl and polyfluoroalkyl sub-
2
stances, as related to human expo-
3
sure;
4
(iii) if feasible, estimate human expo-
5
sure
to
individual
perfluoroalkyl
and
6
polyfluoroalkyl substances or perfluoroalkyl
7
and polyfluoroalkyl substances collectively
8
to determine relative source contributions
9
for various exposure pathways (such as air,
10
water, soil, or food);
11
(iv) determine which perfluoroalkyl
12
and polyfluoroalkyl substances are most
13
likely to contribute to human exposure;
14
and
15
(v) identify research that is needed to
16
advance exposure estimations to individual
17
perfluoroalkyl and polyfluoroalkyl sub-
18
stances
or
perfluoroalkyl
and
19
polyfluoroalkyl substances collectively.
20
(B) REPORT.—Not later than 1 year after
21
the date on which the agreement described in
22
paragraph (1) is finalized, the National Acad-
23
emies shall—
24
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•S 466 IS
(i) submit to Congress a report con-
1
taining the findings and recommendations
2
of the study described in subparagraph
3
(A); and
4
(ii) make the report under clause (i)
5
available on a publicly accessible website.
6
(3) PHASE
II
STUDY
AND
REPORT
ON
PFAS
7
TOXICITY AND HAZARD ESTIMATION.—
8
(A) IN
GENERAL.—The phase II study
9
under paragraph (1) shall, at a minimum—
10
(i)(I) review animal and human tox-
11
icity information on the perfluoroalkyl and
12
polyfluoroalkyl substances most likely to
13
contribute to human exposure, as identified
14
in the phase I report under paragraph
15
(2)(B)(i); and
16
(II) develop an approach for con-
17
ducting a human health hazard assessment
18
of
the
identified
perfluoroalkyl
and
19
polyfluoroalkyl substances;
20
(ii) give consideration as to whether
21
chemical category-based approaches for as-
22
sessing hazards would be appropriate for
23
evaluating
perfluoroalkyl
and
24
polyfluoroalkyl substances as a group; and
25
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•S 466 IS
(iii) identify research that is needed to
1
advance toxicity and hazard assessments of
2
individual
perfluoroalkyl
and
3
polyfluoroalkyl substances or perfluoroalkyl
4
and polyfluoroalkyl substances collectively.
5
(B) REPORT.—Not later than 1 year after
6
the date on which the phase I report is sub-
7
mitted to Congress under paragraph (2)(B)(i),
8
the National Academies shall—
9
(i) submit to Congress a report con-
10
taining the findings and recommendations
11
of the study described in subparagraph
12
(A); and
13
(ii) make the report under clause (i)
14
available on a publicly accessible website.
15
(b) RESEARCH ASSESSMENTS OF MANAGEMENT AND
16
TREATMENT ALTERNATIVES FOR PFAS CONTAMINATION
17
IN THE ENVIRONMENT AND DEVELOPMENT OF SAFE AL-
18
TERNATIVES.—
19
(1) IN GENERAL.—Not later than 90 days after
20
the date of enactment of this Act, the Director and
21
the Administrator, in consultation with the Sec-
22
retary of Defense and the heads of other Federal
23
agencies with expertise relevant to the development
24
of alternatives to perfluoroalkyl and polyfluoroalkyl
25
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•S 466 IS
substances and the management and treatment of
1
perfluoroalkyl and polyfluoroalkyl substances, shall
2
jointly enter into an agreement with the National
3
Academies—
4
(A) to conduct a 2-phase study in accord-
5
ance with this subsection to better under-
6
stand—
7
(i) the research and development
8
needed to advance the understanding of
9
the extent and implications of environ-
10
mental contamination by perfluoroalkyl
11
and polyfluoroalkyl substances;
12
(ii) the best methods to manage and
13
treat that contamination; and
14
(iii) the development of safe alter-
15
natives
to
perfluoroalkyl
and
16
polyfluoroalkyl substances; and
17
(B) to submit reports describing the re-
18
sults of the studies in accordance with this sub-
19
section.
20
(2) PHASE I STUDY AND REPORT ON TREAT-
21
MENT AND REMEDIATION.—
22
(A) IN
GENERAL.—The phase I study
23
under paragraph (1) shall, at a minimum—
24
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•S 466 IS
(i) assess the best available strategies
1
for treatment, site remediation, and safe
2
disposal
of
perfluoroalkyl
and
3
polyfluoroalkyl substances; and
4
(ii) describe research gaps relating to
5
the issues described in clause (i), including
6
socioeconomic considerations and ways
7
that the Federal Government can address
8
the research needs.
9
(B) REPORT.—Not later than 18 months
10
after the date on which the agreement described
11
in paragraph (1) is finalized, the National
12
Academies shall—
13
(i) submit to Congress a report con-
14
taining the findings and recommendations
15
of the study described in subparagraph
16
(A); and
17
(ii) make the report under clause (i)
18
available on a publicly accessible website.
19
(3) PHASE II STUDY AND REPORT ON ASSESS-
20
MENT OF SAFE ALTERNATIVES FOR PFAS.—
21
(A) IN
GENERAL.—The phase II study
22
under paragraph (1) shall, at a minimum—
23
(i) examine the state of knowledge for
24
alternatives
to
perfluoroalkyl
and
25
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•S 466 IS
polyfluoroalkyl substances in applications
1
currently, as of the date of the study,
2
using perfluoroalkyl and polyfluoroalkyl
3
substances that contribute to significant
4
human health or ecological exposures and
5
potential risk; and
6
(ii) identify research needs to address
7
the highest priorities for development of al-
8
ternatives
to
perfluoroalkyl
and
9
polyfluoroalkyl substances.
10
(B) REPORT.—Not later than 3 years after
11
the date on which the agreement described in
12
paragraph (1) is finalized, the National Acad-
13
emies shall—
14
(i) submit to Congress a report con-
15
taining the findings and recommendations
16
of the study described in subparagraph
17
(A); and
18
(ii) make the report under clause (i)
19
available on a publicly accessible website.
20
SEC. 5. IMPLEMENTATION PLAN.
21
(a) IN GENERAL.—Not later than 180 days after the
22
date on which all reports from the National Academies
23
under section 4 have been submitted to Congress, the Di-
24
rector of the Office of Science and Technology Policy, in
25
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•S 466 IS
coordination with the heads of all relevant Federal agen-
1
cies, shall submit to Congress an implementation plan for
2
increased collaboration and coordination of Federal re-
3
search, development, and demonstration activities with re-
4
spect to perfluoroalkyl and polyfluoroalkyl substances.
5
(b) REQUIREMENT.—In preparing the implementa-
6
tion plan under subsection (a), the Director of the Office
7
of Science and Technology Policy shall take into consider-
8
ation the recommendations included in the reports sub-
9
mitted to Congress under section 4.
10
Æ
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