H.R. 535 - PFAS Action Act of 2019

Bill Text

    Rules Committee Print 116-45 PDF XML

    Showing the text of H.R. 535, as ordered reported by the Committee on Energy and Commerce.

    Text of H.R. 535 PDF XML

    (as reported)

    H. Rept. 116-364, Part 1 PDF

    Report from the Committee on Energy and Commerce to accompany H.R. 535

Rule Information

REPORTED BY A RECORD VOTE OF 9-4 on Tuesday, January 7, 2020.

Agreed to by record vote of 217-199, after agreeing to the previous question by record vote of 225-193, on Wednesday, January 8, 2020.

MANAGERS: Scanlon/Lesko

1. Structured rule.
2. Provides one hour of general debate on the bill equally divided and controlled by the chair and ranking minority member of the Committee on Energy and Commerce.
3. Waives all points of order against consideration of the bill.
4. Provides that an amendment in the nature of a substitute consisting of the text of Rules Committee Print 116-45, modified by the amendment printed in Part A of the Rules Committee report, shall be considered as adopted and the bill, as amended, shall be considered as read.
5. Waives all points of order against provisions in the bill, as amended.
6. Makes in order only those further amendments printed in Part B of the Rules Committee report. Each such amendment may be offered only in the order printed in the report, may be offered only by a Member designated in the report, shall be considered as read, shall be debatable for the time specified in the report equally divided and controlled by the proponent and an opponent, shall not be subject to amendment, and shall not be subject to a demand for division of the question.
7. Waives all points of order against the amendments printed in Part B of the report.
8. Provides one motion to recommit with or without instructions.

Amendments (click headers to sort)

#Version #Sponsor(s)PartySummaryStatus
1Version 2Moore (WI)DemocratRevised Requires states to describe in their Drinking Water State Revolving Funds intended use plans how funds will be used to address PFAS, including outlining efforts to include vulnerable communities in the decision-making process.Revised
2Version 1Moore (WI)DemocratAuthorizes $10,000,000 for each of the fiscal years 2021 through 2024 for a grant program at the EPA to support the development of innovative new technology that can help monitor and address PFAS contamination in public water systems.Submitted
3Version 1Rice, Kathleen (NY), King, Peter (NY), Fitzpatrick (PA), Grijalva (AZ), Suozzi (NY), Cisneros (CA), Stevens (MI)Bi-PartisanIncreases authorization of appropriations for the PFAS Infrastructure Grant Program by 25 percent and designates the increase for reimbursing affected community water systems that have previously implemented eligible treatment technologies.Made in Order
4Version 1Barragán (CA)DemocratAmends the Priority For Funding subsection of the newly established PFAS community water systems grants program to include prioritization for water systems whose populations are experiencing disproportionate environmental harms from pollution.Submitted
5Version 1Garamendi (CA)DemocratProhibits any U.S. Department of Transportation or FEMA funding for firefighting foam with PFAS over specified parts per billion level, exempting ocean-going vessels, same as enacted language in FY2020 NDAA (Public Law 116-92).Submitted
6Version 2Garamendi (CA)DemocratRevised Requires the U.S. Environmental Protection Agency to publicly disclose testing for PFAS contamination, including for non-drinking water and soil not otherwise required to be disclosed under the new Safe Drinking Water Act standard set under Section 5.Revised
7Version 1Garamendi (CA)DemocratClarifies that Section 14 does not require redundant cooperative agreements for those current or former military installations covered by existing cooperative agreements under the FY2020 NDAA (Public Law 116-92).Submitted
8Version 1Burgess (TX)RepublicanStrikes Section 2, which directs the EPA to designate PFAS as hazardous substances under the Comprehensive Environmental Response, Compensation, and Liability Act.Made in Order
9Version 1Cunningham (SC)DemocratRequires the EPA to conduct a study on wild fish in PFAS-contaminated waters and the risks of consuming such fish to humans and natural predators.Submitted
10Version 1Lawrence (MI)DemocratRequires the EPA to make publicly available on its website, the results of a determination under subsection 2(b) no later than 60 days after such determination is made.Made in Order
11Version 1Kim (NJ)DemocratRequires the EPA Administrator to offer for public comment those technologies deemed as effective at removing detectable amounts of PFAS from drinking water.Made in Order
12Version 1Pappas (NH), Rouda (CA), Delgado (NY), Fitzpatrick (PA), Kuster (NH), Cisneros (CA), Kildee (MI)Bi-PartisanRequires the Administrator of the Environmental Protection Agency to review and develop effluent standards, pretreatment standards, and water quality criteria for PFAS under the Federal Water Pollution Control Act. Authorizes $100,000,000 in federal grants for each of the fiscal years 2021 through 2025, to publicly owned treatment works to implement pretreatment standards.Made in Order
13Version 1Lamb (PA)DemocratRequires the National Firefighter Registry to collect data on the use of firefighting foam or other related equipment containing PFAS.Submitted
14Version 1Woodall (GA), DeSaulnier (CA)Bi-PartisanAmends Section 18 to ensure the FAA and State and local building code inspectors and fire marshals are at the guidance-making table. This will result in a broader collaborative dialogue that includes the risks posed by the use of foam suppression systems in aviation hangars.Made in Order
15Version 1Hudson (NC), Rouzer (NC)RepublicanDirects the EPA to investigate methods to prevent contamination by GenX of surface waters, including source waters used for drinking water purposes.Made in Order
16Version 2Hudson (NC), Rouzer (NC)RepublicanRevised Clarifies that communities impacted by contamination of the chemical GenX are eligible for grants under this section.Made in Order
17Version 1Houlahan (PA)DemocratAuthorizes the Director of the National Science Foundation to award research grants to increase the understanding of methods to safely and completely break down or destroy PFAS and authorizes $2,000,000 to be appropriated for this purpose.Submitted
18Version 1Escobar (TX)DemocratWithdrawn Directs the Environmental Protection Agency to provide for a Safer Choice label for food contact substance and food packaging that do not contain PFAS under the Safer Choice Standard.Withdrawn
19Version 2Brown (MD)DemocratRevised Requires the Administrator of the Environmental Protection Agency to develop a national risk-communication strategy to inform the public about the hazards of PFAS substances.Made in Order
20Version 1Bucshon (IN)RepublicanExempts FDA approved or cleared products from liability under sec. 107 of CERCLA, with respect to PFAS.Submitted
21Version 1Johnson, Eddie Bernice (TX)DemocratExpresses the Sense of Congress that communities of color, indigenous communities, and fenceline communities are disproportionately exposed to perfluoroalkyl and polyfluoroalkyl substances.Submitted
22Version 1Pallone (NJ)DemocratMANAGER’S AMENDMENT Makes technical changes in recognition of the fact that several sections of the bill have already been enacted into law and creates an exemption from liability for federally required uses of PFAS at airports, so long as such use follows FAA standards and guidance.Considered as Adopted
23Version 1Dingell (MI), Pingree (ME)DemocratRequires GAO to study and report to Congress on the use of PFAS in food containers.Submitted
24Version 1Pingree (ME), Spanberger (VA)DemocratExpands EPA’s Safer Choice Program to include carpets, rugs, clothing, and upholstered furniture that do not contain PFAS.Made in Order
25Version 1Kildee (MI), Kind (WI), Gallagher (WI)Bi-PartisanCreates a tool on EPA’s website to help people understand testing results for their well water and connect them to local health and government resources and authorizes $1 million to be appropriated for fiscal year 2021 to carry this out.Made in Order
26Version 2Malinowski (NJ)DemocratRevised Adds stain resistant, water resistant, and grease resistant coatings that are not subject to requirements under section 409 of the Federal Food, Drug, and Cosmetic Act to the list of products eligible for a voluntary label indicating an absence of PFAS.Made in Order
27Version 1Delgado (NY), Pappas (NH), Rouda (CA), Fitzpatrick (PA), Cisneros (CA), Kildee (MI)Bi-PartisanMakes it illegal for an industrial facility to introduce PFAS into a sewage treatment system without first disclosing information about that substance.Made in Order
28Version 1Balderson (OH)RepublicanPrevents implementation of the underlying bill until after the EPA Administrator certifies that its own PFAS Action Plan is completed.Made in Order
29Version 1Slotkin (MI)DemocratRequires the Environmental Protection Agency (EPA) to account for PFAS exposure levels in dairy milk when implementing any national primary drinking water regulation for PFAS.Submitted
30Version 1Slotkin (MI)DemocratRequires the Commissioner of Food and Drugs to submit a report to Congress on scientifically viable methods to determine the level or class of a PFAS substance found in dairy milk.Submitted
31Version 3Slotkin (MI)DemocratRevised Requires the Administrator of the Environmental Protection Agency (EPA), in consultation with other relevant government agencies, to report to Congress on efforts to identify viable alternatives to firefighting foam and other related equipment containing PFAS.Made in Order
32Version 1Golden (ME)DemocratDirects the EPA Administrator, in consultation with the U.S. Fire Administration, to submit an annual report to Congress on the effectiveness of the guidance required under Section 18 of the bill. The report shall include recommendations for congressional actions that the Administrator determines appropriate to assist efforts to reduce exposure to PFAS by firefighters and other first responders.Made in Order
33Version 3Tlaib (MI), Ocasio-Cortez (NY), Barragán (CA)DemocratRevised Adds the term “disproportionately exposed communities” to “disadvantaged communities.” Disproportionately exposed communities are defined as those in which climate change, pollution, or environmental destruction have exacerbated systemic racial, regional, social, environmental, and economic injustices by disproportionately affecting indigenous peoples, communities of color, migrant communities, deindustrialized communities, depopulated rural communities, the poor, low-income workers, women, the elderly, the unhoused, people with disabilities, or youth.Made in Order
34Version 1Speier (CA)DemocratExpands the safer choice provision (Section 17) to cover personal care products and cosmetic products in addition to kitchen products.Submitted
35Version 1Brindisi (NY), Gallagher (WI), Reed (NY)Bi-PartisanLate Requires the EPA, within 180 days, to issue a final rule listing PFOS and PFOA as hazardous air pollutants under the Clean Air Act, while ensuring that EPA has access to the needed science before making regulatory decisions on other PFAS chemicals, to harmonize with other Comprehensive Environmental Response, Compensation, and Liability Act provisions in the bill.Made in Order
36Version 1Lawrence (MI)DemocratLate Prioritizes underrepresented communities when awarding PFAS Infrastructure grants. Defines "underrepresented communities" as communities where indigenous people, people of color, migrants, low-income workers, women, the elderly, people with disabilities, and the youth are disproportionately impacted by the presence of PFAS, PFOS, and PFOA in their applicable community water system.Submitted
37Version 1Shimkus (IL)RepublicanLate Replaces section 5 of the Rules Committee Print with the same language except for the deletion of subparagraph (E) Health Protection, and subparagraph (H) Health Advisory.Made in Order
38Version 1Axne (IA)DemocratLate Authorizes the PFAS Infrastructure Grant Program for an additional three years.Made in Order
39Version 2Shimkus (IL)RepublicanLate Revised Strikes Section 2 through Section 18 of the bill, and replaces it with a provision mandating that EPA establish national primary drinking water regulations for PFOA and PFOS within 2 years, as well as expedite the setting of such regulations for other PFAS chemicals.Revised
40Version 3Levin, Andy (MI)DemocratLate Revised Requires within 5 years a study of EPA actions under CERCLA to clean up PFAS contamination sites.Made in Order
41Version 1Plaskett (VI)DemocratLate Makes U.S. territories eligible for additional Safe Drinking Water Act funding to address emerging contaminants including PFAS.Made in Order
42Version 1Carter, Buddy (GA)RepublicanLate Creates an exemption under CERCLA for any substances that the Administrator determines improves or provides a net benefit for environmental protection, which shall include lithium batteries for electric vehicles.Submitted
43Version 1Stefanik (NY)RepublicanLate Requires the Administrator to publish a list of eligible treatment technologies that the Administrator determines are effective at removing amounts of PFAS from drinking water 150 days after the date of enactment of this section and annually thereafter.Submitted