Congressional Record, House, July 21, 2021 — PFAS Action Act of 2021, H.R. 2467
Summary
Congressional Record, House, page H3770, July 21, 2021. The page opens with a letter closing with the name of Gloria J. Lett, Deputy Clerk, reporting a message from the Secretary of the Senate that the Senate passed H.R. 1652 without amendment. Mr. Pallone then calls up H.R. 2467, the PFAS Action Act of 2021, under House Resolution 535. The printed bill text would require the Administrator of the Environmental Protection Agency to designate perfluorooctanoic acid and its salts, and perfluoroactanesulfonic acid and its salts, as hazardous substances not later than 1 year after enactment, and to issue a proposed testing rule not later than 6 months after enactment.
Summary drafted by a model from the document's text below and checked by script against that text before publication. It is a navigation aid, not a reading of what the document proves. Where AI is used
Cite this document
“Congressional Record, House, July 21, 2021 — PFAS Action Act of 2021, H.R. 2467.”
Original at www.govinfo.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/crec-crec-2021-07-21-crec-2021-07-21-pt1-pgh3770-525a5d462b/
, SHA-256 d437b0f38566d3b099adcee59b86c7543695447e67045be5e595e25c3e6a72e8.Full text
H3770 CONGRESSIONAL RECORD — HOUSE July 21, 2021
OFFICE OF THE CLERK, SEC. 2. DESIGNATION AS HAZARDOUS SUB- SEC. 3.
TESTING OF PERFLUOROALKYL AND
HOUSE OF REPRESENTATIVES, STANCES. POLYFLUOROALKYL SUBSTANCES.
Washington, DC, July 21, 2021. (a) DESIGNATION.—Not later than 1 year after (a) TESTING REQUIREMENTS.—Section 4(a) of
Hon. NANCY PELOSI, the date of enactment of this Act, the Adminis- the Toxic Substances Control Act (15 U.S.C.
The Speaker, House of Representatives, trator of the Environmental Protection Agency 2603(a)) is amended by adding at the end the
Washington, DC. shall designate perfluorooctanoic acid and its following:
DEAR MADAM SPEAKER: Pursuant to the salts, and perfluoroactanesulfonic acid and its ‘‘(5) PERFLUOROALKYL AND POLYFLUOROALKYL
permission granted in Clause 2(h) of Rule II salts, as hazardous substances under section SUBSTANCES RULE.—
of the Rules of the U.S. House of Representa- 102(a) of the Comprehensive Environmental Re- ‘‘(A) RULE.—Notwithstanding paragraphs (1)
tives, the Clerk received the following mes- sponse, Compensation, and Liability Act of 1980 through (3), the Administrator shall, by rule, re-
sage from the Secretary of the Senate on (42 U.S.C. 9602(a)). quire that comprehensive toxicity testing be con-
July 21, 2021, at 9:13 a.m.: (b) DEADLINE FOR ADDITIONAL DETERMINA- ducted on all chemical substances that are
That the Senate passed without amend- TIONS.—Not later than 5 years after the date of perfluoroalkyl or polyfluoroalkyl substances.
ment H.R. 1652. enactment of this Act, the Administrator of the ‘‘(B) REQUIREMENTS.—In issuing a rule under
With best wishes, I am, Environmental Protection Agency shall deter- subparagraph (A), the Administrator—
Sincerely, mine whether to designate all perfluoroalkyl ‘‘(i) may establish categories of perfluoroalkyl
GLORIA J. LETT, and polyfluoroalkyl substances, other than and polyfluoroalkyl substances based on hazard
Deputy Clerk. those perfluoroalkyl and polyfluoroalkyl sub- characteristics or chemical properties;
stances designated pursuant to subsection (a), ‘‘(ii) shall require the development of informa-
f tion relating to perfluoroalkyl and
as hazardous substances under section 102(a) of
PFAS ACTION ACT OF 2021 the Comprehensive Environmental Response, polyfluoroalkyl substances that the Adminis-
Compensation, and Liability Act of 1980 (42 trator determines is likely to be useful in evalu-
Mr. PALLONE. Mr. Speaker, pursu- ating the hazard and risk posed by such sub-
U.S.C. 9602(a)) individually or in groups.
ant to House Resolution 535, I call up (c) AIRPORT SPONSORS.— stances in land, air, and water (including drink-
the bill (H.R. 2467) to require the Ad- (1) IN GENERAL.—No sponsor, including a ing water), as well as in products; and
ministrator of the Environmental Pro- sponsor of the civilian portion of a joint-use air- ‘‘(iii) may allow for varied or tiered testing re-
tection Agency to designate per- and port or a shared-use airport (as such terms are quirements based on hazard characteristics or
polyfluoroalkyl substances as haz- defined in section 139.5 of title 14, Code of Fed- chemical properties of perfluoroalkyl and
eral Regulations (or a successor regulation)), polyfluoroalkyl substances or categories of
ardous substances under the Com-
shall be liable under the Comprehensive Envi- perfluoroalkyl and polyfluoroalkyl substances.
prehensive Environmental Response, ronmental Response, Compensation, and Liabil- ‘‘(C) DEADLINES.—The Administrator shall
Compensation, and Liability Act of ity Act of 1980 (42 U.S.C. 9601 et seq.) for the issue—
1980, and ask for its immediate consid- costs of responding to, or damages resulting ‘‘(i) a proposed rule under subparagraph (A)
eration in the House. from, a release to the environment of a not later than 6 months after the date of enact-
The Clerk read the title of the bill. perfluoroalkyl or polyfluoroalkyl substance des- ment of this paragraph; and
The SPEAKER pro tempore. Pursu- ignated as a hazardous substance under section ‘‘(ii) a final rule under subparagraph (A) not
102(a) of such Act that resulted from the use of later than 2 years after the date of enactment of
ant to House Resolution 535, an amend-
aqueous film forming foam agent, if such use this paragraph.’’.
ment in the nature of a substitute con- (b) PERSONS SUBJECT TO RULE.—Section
sisting of the text of Rules Committee was—
(A) required by the Federal Aviation Adminis- 4(b)(3) of the Toxic Substances Control Act (15
Print 117–10, modified by the amend- tration for compliance with part 139 of title 14, U.S.C. 2603(b)(3)) is amended—
ment printed in part A of House Report Code of Federal Regulations; and (1) in subparagraph (A), by striking ‘‘sub-
117–95, is adopted and the bill, as (B) carried out in accordance with Federal paragraph (B) or (C)’’ and inserting ‘‘subpara-
amended, is considered read. Aviation Administration standards and guid- graph (B), (C), or (D)’’; and
ance on the use of such substance. (2) by adding at the end the following:
The text of the bill, as amended, is as ‘‘(D) A rule under subsection (a)(5) shall re-
follows: (2) SPONSOR DEFINED.—In this subsection, the
term ‘‘sponsor’’ has the meaning given such quire the development of information by any
H.R. 2467 person who manufactures or processes, or in-
term in section 47102 of title 49, United States
Be it enacted by the Senate and House of Rep- Code. tends to manufacture or process, a chemical
resentatives of the United States of America in (d) PUBLIC AVAILABILITY.—Not later than 60 substance that is a perfluoroalkyl or
Congress assembled, days after making a determination under sub- polyfluoroalkyl substance.’’.
SECTION 1. SHORT TITLE; TABLE OF CONTENTS. section (b), the Administrator of the Environ- (c) PERFLUOROALKYL AND POLYFLUOROALKYL
(a) SHORT TITLE.—This Act may be cited as mental Protection Agency shall make the results SUBSTANCES.—Section 4 of the Toxic Substances
the ‘‘PFAS Action Act of 2021’’. of such determination publicly available on the Control Act (15 U.S.C. 2603) is amended by add-
(b) TABLE OF CONTENTS.—The table of con- website of the Environmental Protection Agen- ing at the end the following:
tents for this Act is as follows: ‘‘(i) PERFLUOROALKYL AND POLYFLUOROALKYL
cy.
(e) REVIEW.— SUBSTANCES.—
Sec. 1. Short title; table of contents. ‘‘(1) TESTING REQUIREMENT RULE.—
Sec. 2. Designation as hazardous substances. (1) IN GENERAL.—Not later than 5 years after
the date of the enactment of this Act, the Ad- ‘‘(A) PROTOCOLS AND METHODOLOGIES.—In de-
Sec. 3. Testing of perfluoroalkyl and
ministrator of the Environmental Protection termining the protocols and methodologies to be
polyfluoroalkyl substances.
Agency shall submit to the appropriate congres- included pursuant to subsection (b)(1) in a rule
Sec. 4. Manufacturing and processing notices
sional committees a report containing a review under subsection (a)(5), the Administrator shall
for perfluoroalkyl and
of actions by the Environmental Protection allow for protocols and methodologies that test
polyfluoroalkyl substances.
Sec. 5. National primary drinking water regula- Agency to clean up contamination of the sub- chemical substances that are perfluoroalkyl and
tions for PFAS. stances designated pursuant to subsection (a). polyfluoroalkyl substances as a class.
Sec. 6. Enforcement. (2) MATTERS INCLUDED.— The report under ‘‘(B) PERIOD.—In determining the period to be
Sec. 7. Establishment of PFAS infrastructure paragraph (1) shall include an assessment of included pursuant to subsection (b)(1) in a rule
grant program. cleanup progress and effectiveness, including under subsection (a)(5), the Administrator shall
Sec. 8. Listing of perfluoroalkyl and the following: ensure that the period is as short as possible
polyfluoroalkyl substances as (A) The number of sites where the Environ- while allowing for completion of the required
hazardous air pollutants. mental Protection Agency has acted to reme- testing.
Sec. 9. Prohibition on unsafe waste inciner- diate contamination of the substances des- ‘‘(2) EXEMPTIONS.—In carrying out subsection
ation of PFAS. ignated pursuant to subsection (a). (c) with respect to a chemical substance that is
Sec. 10. Label for PFAS-free products. (B) Which types of chemicals relating to such a perfluoroalkyl or polyfluoroalkyl substance,
Sec. 11. Guidance on minimizing the use of fire- substances were present at each site and the ex- the Administrator—
fighting foam and other related tent to which each site was contaminated. ‘‘(A) may only determine under subsection
equipment containing any PFAS. (C) An analysis of discrepancies in cleanup (c)(2) that information would be duplicative if
Sec. 12. Investigation of prevention of contami- between Federal and non-Federal contamina- the chemical substance with respect to which
nation by GenX. tion sites. the application for exemption is submitted is in
Sec. 13. Disclosure of introductions of PFAS. (D) Any other elements the Administrator may the same category, as established under sub-
Sec. 14. Household well water testing website. determine necessary. section (a)(5)(B)(i), as a chemical substance for
SSpencer on DSK126QN23PROD with HOUSE
Sec. 15. Risk-communication strategy. (3) APPROPRIATE CONGRESSIONAL COMMITTEES which information has been submitted to the
Sec. 16. Assistance to Territories for addressing DEFINED.—In this subsection, the term ‘‘appro- Administrator in accordance with a rule, order,
emerging contaminants, with a priate congressional committees’’ means the fol- or consent agreement under subsection (a) or for
focus on perfluoroalkyl and lowing: which information is being developed pursuant
polyfluoroalkyl substances. (A) The Committee on Energy and Commerce to such a rule, order, or consent agreement; and
Sec. 17. Clean Water Act effluent limitations of the House of Representatives. ‘‘(B) shall publish a list of all such chemical
guidelines and standards and (B) The Committee on the Environment and substances for which an exemption under sub-
water quality criteria for PFAS. Public Works of the Senate. section (c) is granted.’’.
VerDate Sep 11 2014 03:26 Jul 22, 2021 Jkt 019060 PO 00000 Frm 00012 Fmt 7634 Sfmt 6333 E:\CR\FM\A21JY7.002 H21JYPT1
July 21, 2021 CONGRESSIONAL RECORD — HOUSE H3771
SEC. 4. MANUFACTURING AND PROCESSING NO- ‘‘(I) the level of a perfluoroalkyl or perfluoroalkyl or polyfluoroalkyl substances;
TICES FOR PERFLUOROALKYL AND polyfluoroalkyl substance; and
POLYFLUOROALKYL SUBSTANCES. ‘‘(II) the total levels of perfluoroalkyl and ‘‘(bb) may publish the proposed national pri-
Section 5 of the Toxic Substances Control Act polyfluoroalkyl substances; and mary drinking water regulation described in
(15 U.S.C. 2604) is amended— ‘‘(III) the total levels of organic fluorine. item (aa) concurrently with the publication of
(1) in subsection (h), by adding at the end the ‘‘(C) INCLUSIONS.—The Administrator may in- the determination to regulate the perfluoroalkyl
following: clude a perfluoroalkyl or polyfluoroalkyl sub- or polyfluoroalkyl substance or class of
‘‘(7) PFAS.— stance or class of perfluoroalkyl or perfluoroalkyl or polyfluoroalkyl substances.
‘‘(A) IN GENERAL.—Except as provided in sub- polyfluoroalkyl substances on— ‘‘(II) DEADLINE.—
paragraph (B), this subsection does not apply to ‘‘(i) the list of contaminants for consideration ‘‘(aa) IN GENERAL.—Not later than 1 year
any chemical substance that is a perfluoroalkyl of regulation under paragraph (1)(B)(i), in ac- after the date on which the Administrator pub-
or polyfluoroalkyl substance. cordance with such paragraph; and lishes a proposed national primary drinking
‘‘(B) DRUGS AND DEVICES.—Paragraph (3) ap- ‘‘(ii) the list of unregulated contaminants to water regulation under clause (i)(I) and subject
plies to a chemical substance that is a be monitored under section 1445(a)(2)(B)(i), in to item (bb), the Administrator shall take final
perfluoroalkyl or polyfluoroalkyl substance accordance with such section. action on the proposed national primary drink-
which is manufactured or processed, or pro- ‘‘(D) MONITORING.—When establishing moni- ing water regulation.
posed to be manufactured or processed, solely toring requirements for public water systems as ‘‘(bb) EXTENSION.—The Administrator, on
for purposes of— part of a national primary drinking water regu- publication of notice in the Federal Register,
‘‘(i) scientific experimentation or analysis lation under subparagraph (A) or subparagraph may extend the deadline under item (aa) by not
with respect to a drug or device (as such terms (G)(ii), the Administrator shall tailor the moni- more than 6 months.
are defined in section 301 of the Federal Food, toring requirements for public water systems ‘‘(H) HEALTH ADVISORY.—
Drug, and Cosmetic Act) or personal protective that do not detect or are reliably and consist- ‘‘(i) IN GENERAL.—Subject to clause (ii), the
equipment (as such term is defined in section ently below the maximum contaminant level (as Administrator shall publish a health advisory
20005 of the CARES Act); or defined in section 1418(b)(2)(B)) for the under paragraph (1)(F) for a perfluoroalkyl or
‘‘(ii) chemical research on, or analysis of, perfluoroalkyl or polyfluoroalkyl substance or polyfluoroalkyl substance or class of
such a chemical substance for the development class of perfluoroalkyl or polyfluoroalkyl sub- perfluoroalkyl or polyfluoroalkyl substances not
of a drug or device (as such terms are defined in stances subject to the national primary drinking subject to a national primary drinking water
section 201 of the Federal Food, Drug, and Cos- water regulation. regulation not later than 1 year after the later
metic Act) or personal protective equipment (as ‘‘(E) HEALTH PROTECTION.—The national pri- of—
such term is defined in section 20005 of the mary drinking water regulation promulgated ‘‘(I) the date on which the Administrator fi-
CARES Act).’’; and under subparagraph (A) shall be protective of nalizes a toxicity value for the perfluoroalkyl or
(2) by adding at the end the following: the health of subpopulations at greater risk, as polyfluoroalkyl substance or class of
‘‘(j) PERFLUOROALKYL AND POLYFLUOROALKYL described in section 1458. perfluoroalkyl or polyfluoroalkyl substances;
SUBSTANCES.— ‘‘(F) HEALTH RISK REDUCTION AND COST ANAL- and
‘‘(1) DETERMINATION.—For a period of 5 years YSIS.—In meeting the requirements of paragraph ‘‘(II) the date on which the Administrator
beginning on the date of enactment of this sub- (3)(C), the Administrator may rely on informa- validates an effective quality control and testing
section, any chemical substance that is a tion available to the Administrator with respect procedure for the perfluoroalkyl or
perfluoroalkyl or polyfluoroalkyl substance for to one or more specific perfluoroalkyl or polyfluoroalkyl substance or class of
which a notice is submitted under subsection (a) polyfluoroalkyl substances to extrapolate rea- perfluoroalkyl or polyfluoroalkyl substances.
shall be deemed to have been determined by the soned conclusions regarding the health risks ‘‘(ii) WAIVER.—The Administrator may waive
Administrator to present an unreasonable risk and effects of a class of perfluoroalkyl or the requirements of clause (i) with respect to a
of injury to health or the environment under polyfluoroalkyl substances of which the specific perfluoroalkyl or polyfluoroalkyl substance or
paragraph (3)(A) of such subsection. perfluoroalkyl or polyfluoroalkyl substances are class of perfluoroalkyl and polyfluoroalkyl sub-
‘‘(2) ORDER.—Notwithstanding subsection a part. stances if the Administrator determines that
(a)(3)(A), for a chemical substance described in ‘‘(G) REGULATION OF ADDITIONAL SUB- there is a substantial likelihood that the
paragraph (1) of this subsection, the Adminis- STANCES.— perfluoroalkyl or polyfluoroalkyl substance or
trator shall issue an order under subsection ‘‘(i) DETERMINATION.—The Administrator class of perfluoroalkyl or polyfluoroalkyl sub-
(f)(3) to prohibit the manufacture, processing, shall make a determination under paragraph stances will not occur in drinking water with
and distribution in commerce of such chemical (1)(A), using the criteria described in clauses (i) sufficient frequency to justify the publication of
substance.’’. through (iii) of that paragraph, whether to in- a health advisory, and publishes such deter-
SEC. 5. NATIONAL PRIMARY DRINKING WATER clude a perfluoroalkyl or polyfluoroalkyl sub- mination, including the information and anal-
REGULATIONS FOR PFAS. stance or class of perfluoroalkyl or ysis used, and basis for, such determination, in
Section 1412(b) of the Safe Drinking Water Act polyfluoroalkyl substances in the national pri- the Federal Register.’’.
(42 U.S.C. 300g–1(b)) is amended by adding at mary drinking water regulation under subpara-
SEC. 6. ENFORCEMENT.
the end the following: graph (A) not later than 18 months after the
‘‘(16) PERFLUOROALKYL AND Notwithstanding any other provision of law,
later of—
POLYFLUOROALKYL SUBSTANCES.— ‘‘(I) the date on which the perfluoroalkyl or the Administrator of the Environmental Protec-
‘‘(A) IN GENERAL.—Not later than 2 years polyfluoroalkyl substance or class of tion Agency may not impose financial penalties
after the date of enactment of this paragraph, perfluoroalkyl or polyfluoroalkyl substances is for the violation of a national primary drinking
the Administrator shall, after notice and oppor- listed on the list of contaminants for consider- water regulation (as defined in section 1401 of
tunity for public comment, promulgate a na- ation of regulation under paragraph (1)(B)(i); the Safe Drinking Water Act (42 U.S.C. 300f))
tional primary drinking water regulation for and with respect to a perfluoroalkyl or
perfluoroalkyl and polyfluoroalkyl substances, ‘‘(II) the date on which— polyfluoroalkyl substance or class of
which shall, at a minimum, include standards ‘‘(aa) the Administrator has received the re- perfluoroalkyl or polyfluoroalkyl substances for
for— sults of monitoring under section 1445(a)(2)(B) which a national primary drinking water regu-
‘‘(i) perfluorooctanoic acid (commonly referred for the perfluoroalkyl or polyfluoroalkyl sub- lation has been promulgated under section
to as ‘PFOA’); and stance or class of perfluoroalkyl or 1412(b)(16) of the Safe Drinking Water Act ear-
‘‘(ii) perfluorooctane sulfonic acid (commonly polyfluoroalkyl substances; or lier than the date that is 5 years after the date
referred to as ‘PFOS’). ‘‘(bb) the Administrator has received reliable on which the Administrator promulgates the na-
‘‘(B) ALTERNATIVE PROCEDURES.— water data or water monitoring surveys for the tional primary drinking water regulation.
‘‘(i) IN GENERAL.—Not later than 1 year after perfluoroalkyl or polyfluoroalkyl substance or SEC. 7. ESTABLISHMENT OF PFAS INFRASTRUC-
the validation by the Administrator of an equal- class of perfluoroalkyl or polyfluoroalkyl sub- TURE GRANT PROGRAM.
ly effective quality control and testing proce- stances from a Federal or State agency that the Part E of the Safe Drinking Water Act (42
dure to ensure compliance with the national pri- Administrator determines to be of a quality suf- U.S.C. 300j et seq.) is amended by adding at the
mary drinking water regulation promulgated ficient to make a determination under para- end the following new section:
under subparagraph (A) to measure the levels graph (1)(A). ‘‘SEC. 1459E. ASSISTANCE FOR COMMUNITY
described in clause (ii) or other methods to de- ‘‘(ii) PRIMARY DRINKING WATER REGULA- WATER SYSTEMS AFFECTED BY PFAS.
tect and monitor perfluoroalkyl and TIONS.— ‘‘(a) ESTABLISHMENT.—Not later than 180 days
polyfluoroalkyl substances in drinking water, ‘‘(I) IN GENERAL.—For each perfluoroalkyl or after the date of enactment of this section, the
the Administrator shall add the procedure or polyfluoroalkyl substance or class of Administrator shall establish a program to
SSpencer on DSK126QN23PROD with HOUSE
method as an alternative to the quality control perfluoroalkyl or polyfluoroalkyl substances award grants to affected community water sys-
and testing procedure described in such na- that the Administrator determines to regulate tems to pay for capital costs associated with the
tional primary drinking water regulation by under clause (i), the Administrator— implementation of eligible treatment tech-
publishing the procedure or method in the Fed- ‘‘(aa) not later than 18 months after the date nologies.
eral Register in accordance with section on which the Administrator makes the deter- ‘‘(b) APPLICATIONS.—
1401(1)(D). mination, shall propose a national primary ‘‘(1) GUIDANCE.—Not later than 12 months
‘‘(ii) LEVELS DESCRIBED.—The levels referred drinking water regulation for the perfluoroalkyl after the date of enactment of this section, the
to in clause (i) are— or polyfluoroalkyl substance or class of Administrator shall publish guidance describing
VerDate Sep 11 2014 03:26 Jul 22, 2021 Jkt 019060 PO 00000 Frm 00013 Fmt 7634 Sfmt 6333 E:\CR\FM\A21JY7.003 H21JYPT1
H3772 CONGRESSIONAL RECORD — HOUSE July 21, 2021
the form and timing for community water sys- treatment technology included on the list pub- clothing, or upholstered furniture, or stain re-
tems to apply for grants under this section. lished under subsection (c). sistant, water resistant, or grease resistant coat-
‘‘(2) REQUIRED INFORMATION.—The Adminis- ‘‘(5) PFAS.—The term ‘PFAS’ means a ing does not contain any PFAS; or
trator shall require a community water system perfluoroalkyl or polyfluoroalkyl substance (2) establish a voluntary label that is avail-
applying for a grant under this section to sub- with at least one fully fluorinated carbon atom, able to be used by any manufacturer of any pot,
mit— including the chemical GenX.’’. pan, cooking utensil, carpet, rug, clothing, or
‘‘(A) information showing the presence of SEC. 8. LISTING OF PERFLUOROALKYL AND upholstered furniture, or stain resistant, water
PFAS in water of the community water system; POLYFLUOROALKYL SUBSTANCES AS resistant, or grease resistant coating not subject
and HAZARDOUS AIR POLLUTANTS. to requirements under section 409 of the Federal
‘‘(B) a certification that the treatment tech- (a) LISTING.— Food, Drug, and Cosmetic Act that the Adminis-
nology in use by the community water system at (1) INITIAL LISTING.—Not later than 180 days trator has reviewed and found does not contain
the time of application is not sufficient to meet after the date of enactment of this Act, the Ad- any PFAS.
all applicable standards, and all applicable ministrator of the Environmental Protection (b) DEFINITION.—In this section, the term
health advisories published pursuant to section Agency shall issue a final rule adding ‘‘PFAS’’ means a perfluoroalkyl or
1412(b)(1)(F), for perfluoroalkyl and perfluorooctanoic acid and its salts, and polyfluoroalkyl substance with at least one fully
polyfluoroalkyl substances. perfluoroactanesulfonic acid and its salts, to the fluorinated carbon atom.
‘‘(c) LIST OF ELIGIBLE TREATMENT TECH- list of hazardous air pollutants under section SEC. 11. GUIDANCE ON MINIMIZING THE USE OF
NOLOGIES.—Not later than 150 days after the 112(b) of the Clean Air Act (42 U.S.C. 7412(b)). FIREFIGHTING FOAM AND OTHER
date of enactment of this section, and every 2 (2) ADDITIONAL LISTINGS.—Not later than 5 RELATED EQUIPMENT CONTAINING
years thereafter, the Administrator shall publish ANY PFAS.
years after the date of enactment of this Act,
a list of treatment technologies that the Admin- the Administrator of the Environmental Protec- (a) GUIDANCE.—Not later than 1 year after the
istrator determines are the most effective at re- tion Agency shall determine whether to issue, in date of enactment of this Act, the Administrator
moving perfluoroalkyl and polyfluoroalkyl sub- accordance with section 112 of the Clean Air Act of the Environmental Protection Agency, in con-
stances from drinking water. (42 U.S.C. 7412), any final rules adding sultation with the head of the U.S. Fire Admin-
‘‘(d) PRIORITY FOR FUNDING.—In awarding perfluoroalkyl and polyfluoroalkyl substances, istration, Federal Aviation Administration, and
grants under this section, the Administrator other than those perfluoroalkyl and other relevant Federal departments or agencies
shall prioritize an affected community water polyfluoroalkyl substances listed pursuant to and representatives of State and local building
system that— paragraph (1), to the list of hazardous air pol- and fire code enforcement jurisdictions, shall
‘‘(1) serves a disadvantaged community; lutants under section 112(b) of such Act. issue guidance on minimizing the use of, or con-
‘‘(2) will provide at least a 10-percent cost (b) SOURCES CATEGORIES.—Not later than 365 tact with, firefighting foam and other related
share for the cost of implementing an eligible days after any final rule is issued pursuant to equipment containing any PFAS by firefighters,
treatment technology; subsection (a), the Administrator of the Envi- police officers, paramedics, emergency medical
‘‘(3) demonstrates the capacity to maintain ronmental Protection Agency shall revise the list technicians, and other first responders, in order
the eligible treatment technology to be imple- under section 112(c)(1) of the Clean Air Act (42 to minimize the risk to such firefighters, police
mented using the grant; or U.S.C. 7412(c)(1)) to include categories and sub- officers, paramedics, emergency medical techni-
‘‘(4) is located within an area with respect to categories of major sources and area sources of cians, and other first responders, and the envi-
which the Administrator has published a deter- perfluoroalkyl and polyfluoroalkyl substances ronment, without jeopardizing firefighting ef-
mination under the first sentence of section listed pursuant to such final rule. forts.
1424(e) relating to an aquifer that is the sole or (b) ANNUAL REPORT.—Not later than 2 years
SEC. 9. PROHIBITION ON UNSAFE WASTE INCIN-
principal drinking water source for the area. ERATION OF PFAS.
after the date of the enactment of this Act, and
‘‘(e) NO INCREASED BONDING AUTHORITY.— annually thereafter, the Administrator, in con-
Section 3004 of the Solid Waste Disposal Act
Amounts awarded to affected community water sultation with the head of the U.S. Fire Admin-
(42 U.S.C. 6924) is amended by adding at the end
systems under this section may not be used as a istration, shall submit to Congress a report on
the following new subsection:
source of payment of, or security for (directly or the effectiveness of the guidance issued under
‘‘(z) PFAS WASTES.—
indirectly), in whole or in part, any obligation subsection (a). Such report shall include rec-
‘‘(1) FIREFIGHTING FOAM.—Not later than 6
the interest on which is exempt from the tax im- ommendations for congressional actions that the
months after the date of enactment of this sub-
posed under chapter 1 of the Internal Revenue Administrator determines appropriate to assist
section, the Administrator shall promulgate reg-
Code of 1986. efforts to reduce exposure to PFAS by fire-
ulations requiring that when materials con-
‘‘(f) AUTHORIZATION OF APPROPRIATIONS.— fighters and the other persons described in sub-
taining perfluoroalkyl and polyfluoroalkyl sub-
‘‘(1) IN GENERAL.—There is authorized to be section (a).
stances or aqueous film forming foam are dis-
appropriated to carry out this section not more (c) REPORT.—Not later than 1 year after the
posed— date of enactment of this Act, the Administrator
than—
‘‘(A) all incineration is conducted in a manner of the Environmental Protection Agency, in con-
‘‘(A) $125,000,000 for each of fiscal years 2022
that eliminates perfluoroalkyl and sultation with the head of the U.S. Fire Admin-
and 2023; and
polyfluoroalkyl substances while also mini- istration and other relevant Federal depart-
‘‘(B) $100,000,000 for each of fiscal years 2024
mizing perfluoroalkyl and polyfluoroalkyl sub- ments or agencies, shall report to Congress on
through 2026.
‘‘(2) SPECIAL RULE.—Of the amounts author- stances emitted into the air to the extent fea- the efforts of the Environmental Protection
ized to be appropriated by paragraph (1), sible; Agency and other relevant Federal departments
$25,000,000 are authorized to be appropriated for ‘‘(B) all incineration is conducted in accord- and agencies to identify viable alternatives to
each of fiscal years 2022 and 2023 for grants ance with the requirements of the Clean Air Act, firefighting foam and other related equipment
under subsection (a) to pay for capital costs as- including controlling hydrogen fluoride; containing any PFAS.
sociated with the implementation of eligible ‘‘(C) any materials containing perfluoroalkyl (d) DEFINITION.—In this section, the term
treatment technologies during the period begin- and polyfluoroalkyl substances that are des- ‘‘PFAS’’ means perfluorooctanoic acid,
ning on October 1, 2014, and ending on the date ignated for disposal are stored in accordance perfluorooctanesulfonic acid, and any other
of enactment of this section. with the requirement under part 264 of title 40, perfluoroalkyl or polyfluoroalkyl substance
‘‘(g) DEFINITIONS.—In this section: Code of Federal Regulations; and with at least one fully fluorinated carbon atom
‘‘(1) AFFECTED COMMUNITY WATER SYSTEM.— ‘‘(D) all incineration is conducted at a facility that the Administrator of the Environmental
The term ‘affected community water system’ that has been permitted to receive waste regu- Protection Agency determines is used in fire-
means a community water system that is af- lated under this subtitle. fighting foam and other related equipment.
fected by the presence of PFAS in the water in ‘‘(2) PENALTIES.—For purposes of section SEC. 12. INVESTIGATION OF PREVENTION OF
the community water system. 3008(d), a waste subject to a prohibition under CONTAMINATION BY GENX.
‘‘(2) DISADVANTAGED COMMUNITY.—The term this subsection shall be considered a hazardous The Administrator of the Environmental Pro-
‘disadvantaged community’ has the meaning waste identified or listed under this subtitle.’’. tection Agency shall investigate methods and
given that term in section 1452. SEC. 10. LABEL FOR PFAS-FREE PRODUCTS. means to prevent contamination by GenX of
‘‘(3) DISPROPORTIONATELY EXPOSED COMMU- (a) LABEL FOR PFAS-FREE PRODUCTS.—Not surface waters, including source waters used for
NITY.—The term ‘disproportionately exposed later than 1 year after the date of enactment of drinking water purposes.
community’ means a community in which cli- this Act, the Administrator of the Environ- SEC. 13. DISCLOSURE OF INTRODUCTIONS OF
mate change, pollution, or environmental de- mental Protection Agency shall— PFAS.
struction have exacerbated systemic racial, re- (1) revise the Safer Choice Standard of the (a) IN GENERAL.—The introduction of any
gional, social, environmental, and economic in- Safer Choice Program to identify the require- perfluoroalkyl or polyfluoroalkyl substance by
SSpencer on DSK126QN23PROD with HOUSE
justices by disproportionately affecting indige- ments for a pot, pan, cooking utensil, carpet, or the owner or operator of an industrial source
nous peoples, communities of color, migrant rug, clothing, or upholstered furniture, or a shall be unlawful unless such owner or operator
communities, deindustrialized communities, de- stain resistant, water resistant, or grease resist- first notifies the owner or operator of the appli-
populated rural communities, the poor, low-in- ant coating not subject to requirements under cable treatment works of—
come workers, women, the elderly, the section 409 of the Federal Food, Drug, and Cos- (1) the identity and quantity of such sub-
unhoused, people with disabilities, or youth. metic Act to meet in order to be labeled with a stance;
‘‘(4) ELIGIBLE TREATMENT TECHNOLOGY.—The Safer Choice label, including a requirement that (2) whether such substance is susceptible to
term ‘eligible treatment technology’ means a any such pot, pan, cooking utensil, carpet, rug, treatment by such treatment works; and
VerDate Sep 11 2014 03:26 Jul 22, 2021 Jkt 019060 PO 00000 Frm 00014 Fmt 7634 Sfmt 6333 E:\CR\FM\A21JY7.003 H21JYPT1
July 21, 2021 CONGRESSIONAL RECORD — HOUSE H3773
(3) whether such substance would interfere SEC. 16. ASSISTANCE TO TERRITORIES FOR AD- (4) PERFLUOROALKYL SUBSTANCE.—The term
with the operation of the treatment works. DRESSING EMERGING CONTAMI- ‘‘perfluoroalkyl substance’’ means a chemical of
NANTS, WITH A FOCUS ON
(b) VIOLATIONS.—A violation of this section which all of the carbon atoms are fully
PERFLUOROALKYL AND
shall be treated in the same manner as a viola- POLYFLUOROALKYL SUBSTANCES. fluorinated carbon atoms.
tion of a regulation promulgated under sub- (5) POLYFLUOROALKYL SUBSTANCE.—The term
Section 1452(t) of the Safe Drinking Water Act
section 307(b) of the Federal Water Pollution ‘‘polyfluoroalkyl substance’’ means a chemical
(42 U.S.C. 300j–12) is amended—
Control Act (33 U.S.C. 1317(b)). (1) by redesignating paragraph (2) as para- containing at least one fully fluorinated carbon
(c) DEFINITIONS.—In this section: graph (3); and atom and at least one carbon atom that is not
(1) INTRODUCTION.—The term ‘‘introduction’’ (2) by inserting after paragraph (1) the fol- a fully fluorinated carbon atom.
means the introduction of pollutants into treat- lowing new paragraph: (6) PRIORIT INDUSTRY CATEGORY.—The term
ment works, as described in section 307(b) of the ‘‘(2) ASSISTANCE TO TERRITORIES.—Of the ‘‘priority industry category’’ means the fol-
Federal Water Pollution Control Act (33 U.S.C. amounts made available under this subsection, lowing point source categories:
1317). the Administrator may use funds to provide (A) Organic chemicals, plastics, and synthetic
(2) TREATMENT WORKS.—The term ‘‘treatment grants to the Virgin Islands, the Commonwealth fibers, as identified in part 414 of title 40, Code
works’’ has the meaning given that term in sec- of the Northern Mariana Islands, American of Federal Regulations (or successor regula-
tion 212 of the Federal Water Pollution Control Samoa, and Guam for the purpose of addressing tions).
Act (33 U.S.C. 1292). emerging contaminants, with a focus on (B) Pulp, paper, and paperboard, as identified
perfluoroalkyl and polyfluoroalkyl sub- in part 430 of title 40, Code of Federal Regula-
SEC. 14. HOUSEHOLD WELL WATER TESTING
WEBSITE. stances.’’. tions (or successor regulations).
SEC. 17. CLEAN WATER ACT EFFLUENT LIMITA- (C) Textile mills, as identified in part 410 of
(a) IN GENERAL.—Not later than 1 year after
TIONS GUIDELINES AND STANDARDS title 40, Code of Federal Regulations (or suc-
the date of enactment of this Act, the Adminis-
AND WATER QUALITY CRITERIA FOR cessor regulations).
trator of the Environmental Protection Agency
PFAS. (D) Electroplating, as identified in part 413 of
shall establish a website containing information
(a) DEADLINES.— title 40, Code of Federal Regulations (or suc-
relating to the testing of household well water.
(1) WATER QUALITY CRITERIA.—Not later than cessor regulations).
(b) CONTENTS.—The Administrator shall in- 3 years after the date of enactment of this sec- (E) Metal finishing, as identified in part 433
clude on the website established under sub- of title 40, Code of Federal Regulations (or suc-
tion, the Administrator shall publish in the Fed-
section (a) the following: cessor regulations).
eral Register human health water quality cri-
(1) Information on how to get groundwater teria under section 304(a)(1) of the Federal (F) Leather tanning and finishing, as identi-
that is the source for a household water well Water Pollution Control Act (33 U.S.C. 1314) for fied in part 425 of title 40, Code of Federal Regu-
tested by a well inspector who is certified by a each measurable perfluoroalkyl substance, lations (or successor regulations).
qualified third party. polyfluoroalkyl substance, and class of such (G) Paint formulating, as identified in part
(2) A list of laboratories that analyze water substances. 446 of title 40, Code of Federal Regulations (or
samples and are certified by a State or the Ad- (2) EFFLUENT LIMITATIONS GUIDELINES AND successor regulations).
ministrator. STANDARDS FOR PRIORITY INDUSTRY CAT- (H) Electrical and electronic components, as
(3) State-specific information, developed in co- EGORIES.—As soon as practicable, but not later identified in part 469 of title 40, Code of Federal
ordination with each State, on naturally occur- than 4 years after the date of enactment of this Regulations (or successor regulations).
ring and human-induced contaminants. section, the Administrator shall publish in the (I) Plastics molding and forming, as identified
(4) Information that, using accepted risk com- Federal Register a final rule establishing, for in part 463 of title 40, Code of Federal Regula-
munication techniques, clearly communicates each priority industry category, effluent limita- tions (or successor regulations).
whether a test result value exceeds a level deter- tions guidelines and standards, in accordance (7) TREATMENT WORKS.—The term ‘’treatment
mined by the Administrator or the State to pose with the Federal Water Pollution Control Act, works’’ has the meaning given that term in sec-
a health risk. for the discharge (including a discharge into a tion 212 of the Federal Water Pollution Control
(5) Information on treatment options, includ- publicly owned treatment works) of each meas- Act (33 U.S.C. 1292).
ing information relating to water treatment sys- urable perfluoroalkyl substance, polyfluoroalkyl The SPEAKER pro tempore. The bill,
tems certified by the National Science Founda- substance, and class of such substances. as amended, is debatable for 1 hour
tion or the American National Standards Insti- (b) NOTIFICATION.—The Administrator shall equally divided and controlled by the
tute, and people who are qualified to install notify the Committee on Transportation and In-
such systems.
chair and ranking minority member of
frastructure of the House of Representatives and
(6) A directory of whom to contact to report a the Committee on Environment and Public
the Committee on Energy and Com-
test result value that exceeds a level determined Works of the Senate of each publication made merce or their respective designees.
by the Administrator or the State to pose a under this section. The gentleman from New Jersey (Mr.
health risk. (c) IMPLEMENTATION ASSISTANCE FOR PUB- PALLONE) and the gentlewoman from
(7) Information on financial assistance that is LICLY OWNED TREATMENT WORKS.— Washington (Mrs. RODGERS) each will
available for homeowners to support water (1) IN GENERAL.—The Administrator shall control 30 minutes.
treatment, including grants under section 306E award grants to owners and operators of pub- The Chair recognizes the gentleman
of the Consolidated Farm and Rural Develop- licly owned treatment works, to be used to im-
from New Jersey.
ment Act (7 U.S.C. 1926e) and State resources. plement effluent limitations guidelines and
standards developed by the Administrator for a GENERAL LEAVE
(8) Any other information the Administrator
considers appropriate. perfluoroalkyl substance, polyfluoroalkyl sub- Mr. PALLONE. Mr. Speaker, I ask
(c) COORDINATION.—The Administrator shall stance, or class of such substances. unanimous consent that all Members
coordinate with the Secretary of Health and (2) AUTHORIZATION OF APPROPRIATIONS.— may have 5 legislative days in which to
Human Services, the Secretary of Agriculture, There is authorized to be appropriated to the revise and extend their remarks and in-
and appropriate State agencies in carrying out administrator to carry out this subsection
$200,000,000 for each of fiscal years 2022 through
clude extraneous material on H.R. 2467,
this section. the PFAS Action Act of 2021.
(d) AUTHORIZATION OF APPROPRIATIONS.— 2026, to remain available until expended.
(d) NO INCREASED BONDING AUTHORITY.— The SPEAKER pro tempore. Is there
There is authorized to be appropriated to carry
out this section $1,000,000 for fiscal year 2022. Amounts awarded to an owner or operator of a objection to the request of the gen-
SEC. 15. RISK-COMMUNICATION STRATEGY.
publicly owned treatment works under this sec- tleman from New Jersey?
tion may not be used as a source of payment of, There was no objection.
The Administrator of the Environmental Pro- or security for (directly or indirectly), in whole
tection Agency shall develop a risk-communica- or in part, any obligation the interest on which b 1230
tion strategy to inform the public about the haz- is exempt from the tax imposed under chapter 1
ards or potential hazards of perfluoroalkyl and
Mr. PALLONE. Mr. Speaker, I yield
of the Internal Revenue Code of 1986. myself such time as I may consume.
polyfluoroalkyl substances, or categories of DEFINITIONS.—In this section:
perfluoroalkyl and polyfluoroalkyl substances, (1) ADMINISTRATOR.—The term ‘‘Adminis-
Mr. Speaker, H.R. 2467, the PFAS Ac-
by— trator’’ means the Administrator of the Environ- tion Act of 2021, is a comprehensive
(1) disseminating information about the risks mental Protection Agency. package of strategies to regulate PFAS
or potential risks posed by such substances or (2) EFFLUENT LIMITATION.—The tern ‘‘effluent chemicals, clean up contamination,
categories in land, air, water (including drink- limitation’’ has the meaning given that term in and protect public health. I am proud
SSpencer on DSK126QN23PROD with HOUSE
ing water), and products; section 502 of the Federal Water Pollution Con- to support this bipartisan bill which
(2) notifying the public about exposure path- trol Act (33 U.S.C. 1362). will deliver the tools communities
ways and mitigation measures through outreach (3) MEASURABLE.—The term ‘‘measurable’’
and educational resources; and means, with respect to a chemical substance or
across the country need to get PFAS
(3) consulting with States that have dem- class of chemical substances, capable of being out of our environment and out of the
onstrated effective risk-communication strate- measured using test procedures established pathways that lead to our bodies.
gies for best practices in developing a national under section 304(h) of the Federal Water Pollu- PFAS are an urgent public health
risk-communication strategy. tion Control Act (33 U.S.C. 1314). threat. They are toxic, persistent, and
VerDate Sep 11 2014 03:26 Jul 22, 2021 Jkt 019060 PO 00000 Frm 00015 Fmt 7634 Sfmt 0634 E:\CR\FM\A21JY7.003 H21JYPT1
H3774 CONGRESSIONAL RECORD — HOUSE July 21, 2021
being found in the environment across TONKO and Ranking Member MCKINLEY showing little regard for objective
the country. for their continued support. science, risk assessment, transparency,
Just how common are they? We can’t delay any longer. We should and public input.
A recent report from the Agency for pass this bipartisan legislation today. For example, the bill requires EPA to
Toxic Substances and Disease Registry I urge my colleagues to vote for the make regulatory determinations with-
concluded that ‘‘Most people in the PFAS Action Act so that we can fi- in 5 years on 9,250 PFAS chemicals—
United States have been exposed to nally take action on these dangerous and without public participation.
PFAS and have PFAS in their blood.’’ forever chemicals. This impossible deadline is a lawsuit
That finding is pretty astounding and Mr. Speaker, I reserve the balance of waiting to happen. It requires every
incredibly concerning to families my time. manufacturer and processor to conduct
across the Nation. Mrs. RODGERS of Washington. Mr. comprehensive testing on all 9,252
After all, these forever chemicals Speaker, I yield myself such time as I PFAS. This will overwhelm existing
have long been linked with adverse may consume. domestic laboratory capacity to focus
health effects including cancer, im- Mr. Speaker, I rise in opposition to on any other scientific or public health
mune system effects, infertility, im- H.R. 2467, the PFAS Action Act, and I matter.
paired child development, high choles- urge my colleagues to join me in vot- Like it or not, some PFAS chemicals
terol, and thyroid disease. ing ‘‘no.’’ have specific properties that aren’t eas-
Industry has known about these dan- The decision to oppose H.R. 2467 was ily addressed with other chemical
gers for decades, but we still have no not easy, but this version is not the types, like stability and water, oil,
Federal protections from PFAS in right approach. stain, and heat resistance. This makes
drinking water, no limits on PFAS air PFAS contamination is a serious them crucial in making semiconduc-
emissions, no Federal cleanup require- problem in many congressional dis- tors, lithium ion batteries in electric
ments on PFAS sites, and no limits on tricts. That is true for me, too. My dis- vehicles, solar panels, wind turbine
dumping PFAS into our waterways. We trict has PFOA and PFOS contamina- parts, medical devices and drugs, and
don’t even have labeling of PFAS in- tion at Fairchild Air Force Base in Air- protective gear for our military and
gredients to allow consumers to pro- way Heights, Washington, and I very law enforcement.
tect themselves. much want it cleaned up. This bill would create a hostile envi-
Right now, the Environmental Pro- I have problems, though, with H.R. ronment in the United States of Amer-
tection Agency is playing catch-up 2467’s overwhelming, heavy-handed,
after 4 years of little action by the ica for their manufacture and use. It
and unscientific approach. I am strug- will create a de facto ban in the mar-
Trump administration, but this bill
gling with why this aggressive expan- ketplace and a boon for trial lawyers.
will help EPA tackle the complex chal-
sion of Federal power and spending is It prevents new PFAS from coming on
lenge of PFAS by taking direct action
the best answer that the people’s House to the market for 5 years. This will re-
on the two most studied PFAS, PFOS
can provide. sult in the drying up of investment in
and PFOA, right away, while setting a
What does this massive proposal safe PFAS chemicals and PFAS prod-
reasonable timeline to study and evalu-
mean, and are we ready to go this far? uct purchases. It also will signal to
ate other PFAS. This approach puts
I cannot stress this enough: what we trial courts that all PFAS are haz-
the focus on following the science by
are addressing today is not about one, ardous.
tailoring testing to relevant subgroups
two, or just a handful of legacy chemi- It singles out PFAS manufacturers
of PFAS and focusing regulation on the
cals. PFAS are, instead, an enormous and uses a complex and expensive regu-
riskiest chemicals.
Mr. Speaker, over a decade ago, and diverse class of manmade chemi- latory approach. It uses an unattain-
PFOA and PFOS were voluntarily cals. EPA’s ‘‘Master List of PFAS Sub- able standard to ban incineration of
phased out by industry. While no stances’’ contains more than 9,000 dis- PFAS-contaminated material. This
longer in use, they continue to threat- tinct chemicals, and the definition in will federalize local trash collection
en public health because of widespread this bill would apply to every one of and clog our Nation’s remaining land-
environmental contamination. This those 9,252 chemicals and their uses. fill capacity.
bill will drive environmental cleanups Since the late fall of 2020, Congress It attaches permanent, open-ended
of that contamination and drinking has enacted 31 separate provisions to cleanup liability to any person who has
water treatment, addressing the threat address PFAS. Congress has compelled ever been associated with PFAS, re-
of PFOA and PFOS to communities cleanup of PFAS at military installa- gardless of whether you were a good
across the country. tions, banned certain uses of PFAS actor.
Now, all other PFAS will be tested as chemicals in products, pushed coopera- Mr. Speaker, cleanup liability is:
appropriate. And where that testing re- tive agreements for cleanups with ‘‘Strict,’’ so your intent is irrelevant;
veals risk, this bill will ensure that States, and authorized $500 million for ‘‘Joint and several,’’ so you are not
EPA takes timely action to prevent removing emerging contaminants, es- just responsible for your fair share, you
and mitigate environmental contami- pecially PFAS, from drinking water. are responsible for everyone’s shares;
nation. Similarly, EPA has advanced nine And, ‘‘retroactive,’’ so it doesn’t
In the meantime, this bill will pause major regulatory efforts for PFOA, matter if the liability occurred 5 years,
the introduction of untested new PFAS PFOS, and some of the other PFAS 10 years, 20 years, or 50 years ago or
while providing guidance and labels to chemicals. even further back.
help first responders and consumers EPA Administrator Regan also has Given the compliance costs, the side-
limit their risk. commissioned a multiyear review proc- lining of investment, the endless liabil-
Mr. Speaker, the longer we delay ac- ess at EPA to consider any necessary ity under CERCLA, tort lawsuits, and
tion on PFAS, the worse the problem modifications and to identify new the inability to make or finance safer
becomes. It is time for Congress to act strategies and priorities related to replacement chemicals and products, it
and use every tool available to stop the PFAS. is not hard to see how H.R. 2467 creates
flow of PFAS pollution into our envi- I want strong scientific backing for a de facto ban on 9,252 chemicals. It
ronment and into our bodies. anything that we do to address PFAS threatens the viability of every indus-
A version of this bill was passed over- chemicals. I am concerned that the try that needs these chemicals and
whelmingly last Congress with signifi- mandates in the PFAS Action Act will products that benefit our society.
cant bipartisan support. It is cham- frustrate EPA’s existing science-based Make no mistake, Mr. Speaker, this
SSpencer on DSK126QN23PROD with HOUSE
pioned—and I can’t underestimate how plans. This bill instead will cement bill essentially bans the materials that
much Representatives DINGELL and policy choices with long-range implica- are necessary for America to win the
UPTON of Michigan have worked on this tions. It will overwhelm EPA’s existing future. That includes protective gear
bill. I commend them for their contin- resources to tackle environmental and for law enforcement at a time when
ued leadership. public health challenges beyond PFAS. violent crime is surging in our country.
I also thank Environment and Cli- The PFAS Action Act is not a meas- In drafting this legislation over two
mate Change Subcommittee Chairman ured approach. It prejudges outcomes, Congresses, the majority never called
VerDate Sep 11 2014 03:26 Jul 22, 2021 Jkt 019060 PO 00000 Frm 00016 Fmt 7634 Sfmt 0634 E:\CR\FM\K21JY7.024 H21JYPT1
July 21, 2021 CONGRESSIONAL RECORD — HOUSE H3775
EPA to testify on the bill. Now we are dren, their health, their education, the nately, the GOP Senate then refused to
left with the opinions of the politicians economic security of their families, support full protections against PFAS
and the White House, not the career and a safe and clean environment chemicals and cut those key provisions
scientists and the experts who will where they can thrive in a world of from the NDAA; that is, the National
have to implement it. So much for peace in which they can reach their Defense Authorization Act.
trust the science. fulfillment. Last year, House Democrats passed
In addition, the Congressional Budg- Mr. Speaker, PFAS chemicals are the PFAS Action Act of 2019, which
et Office has had trouble scoring this clearly and seriously harming to our passed with strong bipartisan support,
bill and a nearly identical bill from children’s health. but did not become law because MITCH
last Congress. That is because there A coalition of public health groups, MCCONNELL senselessly refused to take
are so many PFAS chemicals, and the including the American Academy of it up in the Senate.
mandates in this bill have no limits on Pediatrics, American Public Health As- Now the Democratic House will, once
either the Federal Treasury or the pri- sociation, National Medical Associa- again, pass the PFAS Action Act and
vate sector. The bill also poses a sig- tion, and Children’s Environmental send it to the Senate. We are making
nificant burden on EPA’s time and the Health Network, have written: ‘‘These clear that this legislation is a priority
lack of additional resources EPA will ubiquitous substances pose severe for the American people, and we will
have to tackle other issues critical to health risks across the United States not relent until it is enacted.
their mission. and represent a growing threat to pub- This legislation will clean up our
We all want to have a good solution lic health.’’ communities by designating the two
to address PFAS contamination, but They further state: ‘‘PFAS are par- most-studied PFAS as a hazardous sub-
this bill falls short, unfortunately. ticularly dangerous . . . widespread stance by the EPA and setting a dead-
Mr. Speaker, I urge Members to join and likely present in the drinking line for the EPA to make designation
me in opposing this approach. We can water of tens of millions of Ameri- decisions about all other PFAS chemi-
do better. cans.’’ cals.
Mr. Speaker, I reserve the balance of Further: ‘‘Developing infants and Next, it will create new, well-funded
my time. children are particularly vulnerable to grants and partnerships with States to
Mr. PALLONE. Mr. Speaker, I yield 1 PFAS exposure. . . . help clean up and remedy sites. It will
minute to the gentlewoman from Cali- ‘‘Of concern, almost all fetuses and stem the tide of further contamination
fornia (Ms. PELOSI), who has done so infants will have some degree of expo- with tough new testing, reporting, and
much to protect our environment. sure to PFAS. . . . monitoring requirements; strict limits
Ms. PELOSI. Mr. Speaker, I thank ‘‘PFAS exposure before birth or in on the introduction of new PFAS
the gentleman for yielding. I thank early childhood has been associated chemicals; limits on air pollution; ban-
him for his extraordinary leadership as with decreased birth weight, effects on ning unsafe incineration; and strong
chair of the Energy and Commerce renal function and lipid serum levels, measures to hold contaminating com-
Committee, and I thank him for bring- and immune system dysfunction.’’ panies accountable.
ing this important legislation to the That statement was from the Amer- I spent the time to be so specific be-
floor. I thank Mr. TONKO for his leader- ican Academy of Pediatrics, American cause this is such a threat to the
ship as chair of the subcommittee of Public Health Association, National health and well-being of our children,
jurisdiction, the Environment and Cli- Medical Association, and the Children’s our children, our children. I urge a
mate Change Subcommittee, and I Environmental Health Network. strong vote for this legislation, which
In addition to our children and young
thank Mr. MCKINLEY, the ranking honors our first responsibility of Con-
people, PFAS also poses a serious risk
member on that subcommittee. gress, to keep our American people
I respectfully disagree with the rank- to America’s servicemembers. There is
safe.
ing member of the full committee, and an epidemic of contamination on mili- Mrs. RODGERS of Washington. Mr.
I will tell you why. I join our col- tary sites with more than 400 sites Speaker, I am pleased to yield 3 min-
leagues in support of the PFAS Action across the United States affected. utes to the gentleman from Indiana
I have had the privilege, Mr. Speaker,
Act to address the serious public (Mr. BUCSHON), an exceptional leader
of hearing the concerns of many of
health issue that is a threat; PFAS on the Energy and Commerce Com-
these families. It is not just about the
chemicals, which are contaminating mittee and a cardiothoracic surgeon.
servicemembers, it is about their chil-
the water we drink, the air we breathe, Mr. BUCSHON. Mr. Speaker, I rise
dren who are affected.
and the food we eat. today in opposition to the bill in its
It is unacceptable that the men and
First, I salute Representative DEBBIE current form. I support the efforts to
women who sacrifice to keep us safe
DINGELL, a crusader in our mission to address dangerous, high levels of PFAS
around the world face this danger to
protect our communities from dan- in our drinking water systems and
their health and that of their children
gerous PFAS chemicals. I thank, other areas of our environment. That is
here at home. Yet, despite these obvi-
again, as I said, Chairman PALLONE, why I submitted a bipartisan amend-
ous and well-known risks, big corpora-
Chairman TONKO, and Ranking Member ment with Mr. SCHRADER that would
tions have for decades failed or refused
MCKINLEY. simply exempt PFAS used to manufac-
to prevent their spread.
Mr. Speaker, PFAS are referred to as ture medical devices and drugs that are
‘‘forever chemicals’’. They are so called b 1245 approved by the FDA. It was a very
because they do not easily break down A new study published last week limited amendment.
and even accumulate over time. Right shows that based on EPA data, an esti- Polytetrafluoroethylene, or PTFE,
now, they are exposing millions of mated 30,000 industrial sites are known seen in the graph on the board behind
Americans to health risks ranging or suspected of using toxic PFAS; 12 me, is used to treat atrial septal de-
from cancer to asthma, and liver dis- times what had been previously esti- fects, most of the time in young chil-
ease to thyroid dysfunction. mated. We cannot accept a situation dren. Thanks to great advancements in
For babies, they can be particularly where big special interests’ bottom line medical technology like this proce-
devastating with prenatal exposure po- comes before the public’s lives. dure, it is now done in an outpatient
tentially leading to abnormal growth To address this crisis, 2 years ago, setting, rather than open-heart sur-
in utero, low birth rate, and increased Democrats crafted strong legislation to gery. For years, I did open-heart sur-
risk of childhood obesity and infec- rid our communities of PFAS. Many gery on people with ASDs, and now
SSpencer on DSK126QN23PROD with HOUSE
tions. Our distinguished chairman enu- Democrats, and many Members here, they can repair them with a device.
merated other threats to the health played a key role in crafting PFAS-re- This is one device that could be
and wellbeing of the American people. lated bills that were included in the bi- banned.
When people ask me: What are the partisan NDAA agreement reached in Vascular grafts to repair aneurysms
three most important issues facing the the House that year. or bypass blocked arteries are another
Congress, I always say the same thing: I thank Chairman SMITH and the example. I implanted hundreds of these
Our children, our children, our chil- members of the committee. Unfortu- type of devices in patients. The fact of
VerDate Sep 11 2014 03:26 Jul 22, 2021 Jkt 019060 PO 00000 Frm 00017 Fmt 7634 Sfmt 0634 E:\CR\FM\K21JY7.025 H21JYPT1
H3776 CONGRESSIONAL RECORD — HOUSE July 21, 2021
the matter is, it has been shown over firefighting fluids, a major source of Mr. Speaker, I yield 3 minutes to the
and over that PTFE in devices poses no contamination. gentleman from Michigan (Mr.
risk to people or to our environment. However, the PFAS pollution that WALBERG), a member of the committee
The bill in its current form fails to has already occurred needs to be and a problem solver.
consider that fact and jeopardizes pa- cleaned up, and this legislation would Mr. WALBERG. Mr. Speaker, I thank
tient access to lifesaving drugs and de- set requirements and deadlines for EPA the gentlewoman for yielding.
vices, leaving physicians and patients to do so. Our citizens deserve to have Mr. Speaker, I have been working to
with no viable alternative or an infe- that done. We must prevent PFAS combat PFAS in the Great Lakes State
rior alternative. Would anyone want to chemicals from entering drinking that, truthfully, led the Nation in
be treated with an inferior alternative water used by our communities. I PFAS efforts for many years, including
when we are unnecessarily banning the think there is no disagreement on that. with my Michigan colleagues and spon-
best treatment? I would argue no. PFAS has been called a forever chem- sors of this bill.
Unfortunately, my commonsense, bi- ical. Apparently, the biological fact of
Back in 2017, we hosted EPA staff at
partisan, lifesaving amendment was life is that it does not degrade over
several contaminated sites in south-
not made in order. I hope this bill does long periods of time, because they can
east Michigan so they could see first-
continue to move through the legisla- linger in the human body for a whole
hand the extent of the problem. We
tive process and that we can work to lifetime, causing health effects ranging
formed the Congressional PFAS Task
address this issue. I urge a ‘‘no’’ vote from cancers to reproductive and im-
Force and pushed for essential re-
on this bill. mune system deficiencies.
For 4 years, the previous administra- sources for PFAS research and cleanup
Mr. PALLONE. Mr. Speaker, I yield 1 efforts.
minute to the gentleman from Mary- tion claimed that it would take action
through the EPA to protect Americans Many of our efforts have, actually,
land (Mr. HOYER), our majority leader. been enacted into law during the last
Mr. HOYER. Mr. Speaker, I thank from PFAS contamination. Perhaps if
they had done so, we wouldn’t have administration and countless cleanup
Chairman PALLONE for yielding, and I
this legislation; but they did not do so. efforts are currently ongoing at all lev-
thank him for his work on this piece of
They failed to protect the American els of government. In fact, over half of
legislation, along with Mrs. DINGELL, a
people from these harmful chemicals. the provisions in this bill are already
member of the committee. Obviously,
So the committee has acted in this in- underway at EPA.
the gentlewoman’s deceased husband
stance and previously. Unfortunately, other provisions in
was chairman of this committee and
Now it is time for Congress to act. this bill would require the EPA to take
ranking member for many, many years
Again, I am not an expert on this legis- a misguided approach by considering
and was a leader in many respects on
lation, but I do know that the com- the group of more than 600 PFAS cur-
addressing environmental challenges.
mittee has carefully weighed how to rently on the market, and the thou-
This is an environmental challenge.
make sure that we move forward, and sands of other unknown potential
There is no disagreement on that.
in the view of people more expert than PFAS chemistries as if they were all
There, obviously, is disagreement on
I, will not preclude every chemical the same.
specifics.
The gentleman who just spoke, in a from being utilized in needed and im- Make no mistake, I believe this is a
very knowledgeable and thoughtful portant items that we use every day in serious problem and it deserves serious
our society, but will provide, because solutions, but the bill before us today,
way, said he hopes this legislation
of the designation as a hazardous mate- although sincerely well-intended, goes
moves forward, but he is in opposition
rial, that it be cleaned up where it is too far. H.R. 2467 is so expansive that
to it. I understand he does not want it
necessary to do so. the CBO was unable to assign it a budg-
to pass. But his comment was that, It ensures that EPA finally takes
hopefully, this would be perfected in etary score, underscoring the untold
measures to prevent future release of cost and liability that it will impose on
the legislative process. PFAS chemicals into our environment
Now, I do not claim to be, Mr. Speak- thousands, if not millions of manufac-
and clean them up where such contami- turers and consumers alike.
er, an expert on this chemical. I do
nation has occurred. H.R. 2467 represents the largest ex-
know, however, that it affects my dis- Therefore, Mr. Speaker, I urge my
trict, and every single congressional pansion of regulatory authority at the
colleagues to join me, not just because EPA or perhaps any Federal agency in
district in our country is affected by this is so important to the people liv-
this challenge. That is because every decades. But even more so, this bill
ing in Maryland’s Fifth District, but
district has faced the challenge of will hamstring our small businesses,
because it is critical to all Americans
PFAS contamination, which has af- manufacturers, and water utilities by
living in each and every one of our dis-
fected nearly 2,800 communities ac- forcing them to take on so much cost
tricts.
cording to an analysis by the Environ- Mr. Speaker, I encourage the Senate and liability that they will be unable
mental Working Group. I heard a figure to join us in taking this step to protect to comply or forced to raise prices and
of about 9,200 sites as well from the Americans’ access to drinking water hire armies of attorneys all because
ranking member. and look carefully at the issues that Congress decided to substitute its po-
Like countless other districts in the have been raised by the ranking mem- litical agenda for objective scientific
country, Maryland’s Fifth District, ber, legitimate issues in the sense that, judgment.
which I have the privilege of rep- yes, we ought to make sure that we are The Great Lakes Water Authority re-
resenting, contamination has been de- doing the right thing and that the good cently wrote to me regarding their con-
tected at military installations. We are is not outweighed by the bad. cerns about the bill. A leading drinking
proud of our military installations. In this instance, I think it is very water and wastewater treatment pro-
Pax River is a, I think, world leading clear that the good of this bill, the ob- vider for southeast Michigan commu-
air test, research, and evaluation cen- jectives of this bill, and the specifics of nities, Great Lakes Water Authority
ter for naval air, as well as other air, this bill, will redound to the benefit of provides clean drinking water to nearly
including helicopters of the Army. Also the American people and each and 40 percent of Michiganders. They told
in my district is the Naval Research every one of our communities, and I me this bill could likely cause them to
Laboratory, Chesapeake Bay Detach- urge my colleagues, therefore, to vote be liable for trying to dispose of PFAS
ment. ‘‘yes.’’ even if they are using current best
The citizens surrounding them are Mrs. RODGERS of Washington. Mr. practices.
SSpencer on DSK126QN23PROD with HOUSE
concerned, rightly, about what the con- Speaker, I just want to clarify that the As many would say, we ought to fol-
tamination may have done to the previous administration, as well as the low the science by letting the experts
water they and their children drink or current administration, has been tak- at EPA do their jobs and refrain from
bathe in. Thankfully, the defense au- ing several actions in connection with prejudging outcomes, overhauling ex-
thorization that we enacted in 2019 re- PFAS; this large group of chemicals. isting regulatory structures, and most
quired our military to transition away We are talking about 9,252 chemicals; importantly, crippling our economy. I
from the use of PFAS chemicals in not just one. urge my colleagues to vote ‘‘no.’’
VerDate Sep 11 2014 03:26 Jul 22, 2021 Jkt 019060 PO 00000 Frm 00018 Fmt 7634 Sfmt 0634 E:\CR\FM\K21JY7.027 H21JYPT1
July 21, 2021 CONGRESSIONAL RECORD — HOUSE H3777
b 1300 industry representatives, and they ment has been slow to act. I say
Mr. PALLONE. Mr. Speaker, I yield 3 agree with our approach. enough is enough.
minutes to the gentleman from Oregon I also rise in support of section 13, The PFAS Action Act would require
(Mr. DEFAZIO), the chairman of the another Clean Water Act provision, by significant steps to ensure that our
Transportation and Infrastructure the gentleman from New York (Mr. Federal Government is responding
Committee who has always been so co- DELGADO), a member of my committee, comprehensively and reducing the risk
operative with us on both this bill and to prevent our sewers from being of exposure through our air, water, and
so many others. dumping grounds. Industrial discharges consumer products.
Mr. DEFAZIO. Mr. Speaker, I thank can now be discharged into local mu- It includes actions under numerous
the chairman for yielding and for the nicipal systems, and if it is not known, environmental statutes, including des-
cooperative work we have done on this then they can’t deal with it. They can’t ignating the two most well-studied
bill, clean water bills, and many other pretreat it, and they can’t get it out. PFAS, PFOA and PFOS, as hazardous
issues. It is great to work with him and So, I rise in strong support of this substances and setting a deadline for a
the committee. bill, and I thank everyone who partici- national drinking water standard to, at
Mr. Speaker, I rise in strong support pated in its writing. a minimum, ensure vulnerable groups,
of this legislation. The health effects Mrs. RODGERS of Washington. Mr. including pregnant women, infants,
that are known, are, you know, just a Speaker, I yield 1 minute to the gen- and children, are protected.
few things: cancer, kidney disease, tleman from North Dakota (Mr. ARM- The bill includes other critical provi-
pregnancy-related disorders, low birth STRONG), another dynamic member of sions to reduce exposure, empower con-
weights, and immune system repres- the Committee on Energy and Com- sumers, and expedite cleanups.
sion. But that is just what we know, so merce. Despite what some may want to sug-
I guess we shouldn’t worry about this Mr. ARMSTRONG. Mr. Speaker, gest, designating PFOA and PFOS as
too much. throughout the consideration of this hazardous substances under CERCLA is
Once it is in the environment, it bill in committee, at Rules, and now not a ban. There are literally hundreds
breaks down. Once it is in your body, it here, several of my Democratic col- of hazardous substances that continue
doesn’t go away. You get to certain leagues have argued CERCLA liability to be used in manufacturing processes
levels and, then, you are going to start only attaches to two legacy chemicals, and commerce broadly.
having these health effects. They are and we don’t have to worry about oth- What it will do is ensure that pol-
forever chemicals. ers. Unfortunately, that is not the luters are held accountable to clean up
But, right now, there are no strin- case. their messes when toxic releases occur
gent requirements to test or monitor This bill requires regulatory deter- and ensure that remediation is done to
for PFAS. We don’t know the extent of mination on 9,250 different chemicals, an acceptable level.
the pollution. individually or in groups, on whether We have waited far too long already
This bill is critical to address this they will be CERCLA hazardous sub- for action. Despite promising initial
legacy and public health risk and put stances. steps from the Biden administration, I
us on a path to addressing the perva- My colleagues argue that people fear the EPA will not adequately ad-
sive threat to our health, our citizens, don’t have to worry about Superfund dress PFAS without clear direction
and our environment. liability if they don’t cause environ- from Congress. As the administration
I want to highlight a few sections mental harm. This argument is false. recognized, this bill supports the com-
that fall within the jurisdiction of my Superfund liability is strict liability. mitment across the branches of govern-
committee, the provisions which des- If a party has any involvement, they ment to take on this challenge.
ignate PFAS-related chemicals as haz- are liable, period, end of story. That This is the bill our constituents and
ardous substances under the Com- strict liability is what causes concern those living with PFAS in their com-
prehensive Environmental Response, and is why Mr. BURGESS offered an munities need.
Compensation, and Liability Act, amendment to make only those who I thank Representatives DINGELL and
CERCLA, commonly known as Super- cause the pollution pay for its cleanup. UPTON for their commitment to ad-
fund. For some reason, the majority found dressing these dangerous forever
We did put in a very limited exemp- issue with that amendment and pre- chemicals, and I encourage Members to
tion, which goes to firefighting at air- vented its commonsense consideration. support this bill.
ports. Right now, the foam they use If there is interest on the other side Mrs. RODGERS of Washington. Mr.
contains PFAS, and if they follow the of the aisle in changing the overall Speaker, I yield 2 minutes to the gen-
FAA rules, they won’t have liability. rules of Superfund liability, I am sure tleman from Alabama (Mr. PALMER),
But DOD, FAA, and others are re- we would be happy to consider it. Short our policy chairman and a member of
searching alternatives for foam of that improvement, my colleagues the Energy and Commerce Committee.
retardants, and hopefully, they won’t should not take comfort that only Mr. PALMER. Mr. Speaker, I rise in
have to use this stuff in the near fu- reckless, willful, or irresponsible par- opposition to H.R. 2467.
ture. ties will be held liable under future This misguided bill treats all PFAS
There are two Clean Water Act CERCLA designations. chemicals the same way, creating a de
amendments that will limit the addi- Mr. PALLONE. Mr. Speaker, I yield 2 facto ban on many lifesaving products
tional release of PFAS; the first by the minutes to the gentleman from New that Americans rely on.
gentleman from New Hampshire (Mr. York (Mr. TONKO), the chairman of the By voting for this bill, my Demo-
PAPPAS), who has been very persistent Environment and Climate Change Sub- cratic colleagues are ignoring the
on this issue, closing a Clean Water committee, who has worked very hard science, including peer-reviewed re-
Act loophole for discharges. Today, on this issue for a number of years. search that clearly shows that certain
companies can legally discharge al- Mr. TONKO. Mr. Speaker, I thank fluoropolymers, including some that
most unlimited quantities of PFAS-re- the gentleman from New Jersey for have been used for more than 50 years,
lated chemicals into rivers, streams, yielding and for his leadership on this do not present a concern for human
and lakes because the EPA has not set bill. health or the environment.
limits for discharging into our aquatic We know the health effects of PFAS Despite this evidence, my Democrat
environment. This is unacceptable. The exposure can be severe: cancer, thyroid colleagues have refused to make rea-
gentleman’s amendment will set statu- problems, birth defects, and immune sonable changes to this bill so that
SSpencer on DSK126QN23PROD with HOUSE
tory guidelines for the EPA to act and system disruptions, amongst others. fluoropolymer chemicals used in FDA-
set those limits. Sadly, there are many communities approved medical devices are not la-
Section 17 prioritizes the industry and individuals across our great coun- beled hazardous substances under
sectors with the greatest likelihood of try who are suffering these health con- CERCLA and the Clean Air Act.
discharging harmful quantities. The sequences. Let me put it bluntly. By not ex-
gentleman did great work on this. We Despite knowing the dangers of these empting the fluoropolymers used in
worked with wastewater utilities and forever chemicals, the Federal Govern- medical devices already approved by
VerDate Sep 11 2014 03:26 Jul 22, 2021 Jkt 019060 PO 00000 Frm 00019 Fmt 7634 Sfmt 0634 E:\CR\FM\K21JY7.029 H21JYPT1
H3778 CONGRESSIONAL RECORD — HOUSE July 21, 2021
the FDA, you are denying people access since the 1970s. The FDA has under- letproof vests to protect its officers
to lifesaving products such as heart stood the risks since the 1960s. And in- against rising crime would now be sub-
valves for infants and grafts for aortic dustry has known about the dangers ject to environmental lawsuits.
aneurysm repairs. for decades. And here’s why: A bulletproof vest
I ask my Democrat colleagues: Are But we still do not have a strong becomes increasingly ineffective if it is
you so opposed to all categories of Federal policy to combat these forever exposed to moisture. As a result, it is
PFAS chemicals that you commit to chemicals, which are a crisis. We have protected by a waterproofing PFAS
refusing all medical devices and drugs yet to set a national drinking water chemical to keep it dry and effective
containing the fluoropolymers you are standard for PFAS that our water util- against bullets.
banning? ities need to meet. We have yet to des- By imposing a de facto ban—and it is
If you must have open-heart surgery, ignate them as hazardous substances a de facto ban—on all PFAS chemicals,
will you instruct your doctor to avoid under Superfund to jump-start cleanup. even those that pose no risk to human
using any device or surgical instru- We have yet to regulate industrial dis- health or the environment, this legisla-
ment that has fluoropolymers regard- charges of PFAS into our water and tion will significantly reduce the avail-
less of the implications for the out- our air. And we have yet to establish ability of lifesaving equipment.
come? simple labeling that PFAS is in a prod- Manufacturers, or others in the sup-
If your child or grandchild needs an uct to allow consumers to protect ply chain, will seek to avoid the PFAS
FDA-approved heart valve, do you com- themselves. liabilities created by this bill under
mit to denying them that care since it This can all change if we pass the CERCLA. So police departments, rath-
contains fluoropolymers? PFAS Action Act. er than worrying about protecting our
That is what you are trying to force According to the Environmental communities, will now have to worry
on the general population with this Working Group, over 200 million Amer- about whether or not they will be sub-
legislation. icans are drinking water now contami- ject to an environmental lawsuit.
Furthermore, this bill will put mil- Instead, police departments them-
nated with PFAS, and we are finding
lions of Americans who have already selves will be forced to make impos-
more and more contamination regu-
received medical devices containing sible decisions; continuing to use
larly. Just today, the Environmental PFAS-containing, lifesaving equipment
fluoropolymers at risk. As noted in Working Group reported that PFAS or risk huge legal liability when the
committee by my colleague, Dr. LARRY have been detected in 2,800 commu- equipment is disposed of.
BUCSHON, with the passage of this bill, nities, including 2,411 drinking water This bill will bring entities like po-
the FDA might have to designate all systems, and at 328 military installa- lice departments, and anyone and ev-
devices with any fluoropolymers as tions nationwide. eryone who is even remotely involved
hazardous and recall them. Listen to me: The Pentagon is not with PFAS material, under the wide
There is bipartisan agreement on the going to prioritize cleanup of these dragnet of litigation that they don’t
need to protect the public from harm- military sites until these chemicals are have the resources to fight.
ful PFAS chemicals, but there is no ra- listed as the hazardous substances that As Democrats seek to defund police
tional reason why lifesaving they are. across the country, police departments
fluoropolymers could not be exempted. I want to be clear: I love my col- are already strapped for cash. So under
Mr. Speaker, I urge my colleagues to leagues on the other side of the aisle, this bill, we are forcing police depart-
vote ‘‘no’’ on this bill. but there is nothing in this bill that ments to decide whether to defend
Mr. PALLONE. Mr. Speaker, I yield 3 would ban PFAS used in drugs, medical themselves against lawsuits or pur-
minutes to the gentlewoman from devices, or PPE. It will not ban masks. chase the material they need to keep
Michigan (Mrs. DINGELL), who is the I urge my colleagues to vote for this their officers safe.
sponsor of the bill and who has really bill. It is time we protect Americans. That is why I introduced a simple
brought our attention to this issue and Mrs. RODGERS of Washington. amendment that would limit the liabil-
prioritized it from the very beginning. Madam Speaker, I yield 5 minutes to ity of police departments, first re-
Mrs. DINGELL. Mr. Speaker, I thank the gentleman from Texas (Mr. CREN- sponders, and our military from being
the chairman for being such a strong SHAW), another member of the Energy endlessly sued if they require these ma-
leader and getting us to where we are and Commerce Committee and a deco- terials to protect themselves.
today. rated Navy SEAL. My amendment didn’t limit the
Mr. Speaker, I am proud to stand Mr. CRENSHAW. Madam Speaker, I EPA’s ability to actually regulate
here in support of this very important rise today to highlight a dangerous im- these chemicals or even determine
piece of bipartisan legislation, which I plication of this bill and urge my col- which ones are safe or unsafe. Nor did
am leading with my good friend and leagues to vote against it. it allow police departments to dispose
colleague, Representative FRED UPTON. There is no disagreement that the of these products in an unsafe way and
This is a meaningful bill that is the Federal Government has a role to play be shielded from consequences.
product of good bipartisan work by the in cleaning up the most heavily con- It just said, if a police department or
Energy and Commerce Committee. It taminated sites and establishing stand- first responder follows the letter of the
passed the House with strong bipar- ards so that our water is safe to drink. law in dealing with these materials,
tisan support in the last Congress, and We are united in this, both Republicans they shouldn’t be threatened with end-
it is an example that bipartisanship and Democrats. less lawsuits. But, sadly, my colleagues
does exist on Capitol Hill. This bill em- While this bill shares the spirit of didn’t make my amendment in order.
bodies it, and today’s vote will once that, frankly, it got hopelessly lost So while my colleagues on the other
again validate that. along the way. Instead, it creates a side of the aisle are desperately trying
PFAS chemicals are an urgent threat mess of lawsuits. to prove that they support our police
to public health. This class of man- We could have fixed this. Republicans officers after a year of demonizing
made chemicals is extremely persistent have pointed out the pitfalls. Demo- them, the bill shows that really noth-
in the environment and has long been crats say those pitfalls don’t exist. Ex- ing has changed.
linked with adverse health effects, in- perts say, yes, they do. We could fix But there is one more chance to
cluding cancer. this. make this right. I will be offering my
These chemicals were birthed out of amendment as the motion to recommit
the Manhattan Project, and, now, near- b 1315 for this legislation. Our police officers
SSpencer on DSK126QN23PROD with HOUSE
ly every American, almost every Amer- In committee we discussed how this need to know that Congress has their
ican, has PFAS coursing through their impacts a full suite of products, from back, especially now. This motion to
blood after generations of use of these medical devices to computer chips. recommit is a chance to do just that.
drugs in our modern society. But there is one element that is par- I urge my colleagues to vote against
The EPA has understood the risks ticularly concerning to me. Under this this bill and vote for my amendment to
posed by PFAS since 1998. The Defense legislation, a police department that protect our police and our military and
Department has understood the risks purchases one of the most popular bul- our first responders.
VerDate Sep 11 2014 03:26 Jul 22, 2021 Jkt 019060 PO 00000 Frm 00020 Fmt 7634 Sfmt 0634 E:\CR\FM\K21JY7.030 H21JYPT1
July 21, 2021 CONGRESSIONAL RECORD — HOUSE H3779
Madam Speaker, I ask unanimous As a physician, I have personally exposure increases the risk of mis-
consent to include the text of the seen the benefits provided by these carriage by 80 to 120 percent in preg-
amendment in the RECORD imme- products. PFAS materials have a vari- nant women. The CDC also issued a dis-
diately prior to the vote on the motion ety of uses in healthcare, ranging from closure regarding a potential intersec-
to recommit. heart valves, cardiac stents, to coat- tion between PFAS and COVID–19.
The SPEAKER pro tempore (Ms. ings on contact lenses. These chemicals now have been de-
MCCOLLUM). Is there objection to the Thanks to technology developed tected in communities all across the
request of the gentleman from Texas? using PFAS materials, surgeries, such country. This bill will help us rely on
There was no objection. as those that are needed to repair a the science, provide some safeguards,
Mr. PALLONE. Madam Speaker, I child’s congenital heart defect, no make sure we are gathering the sci-
yield 2 minutes to the gentleman from longer require risky open-heart surgery entific data we need to keep our com-
California (Mr. MCNERNEY). and can simply be done through the munities safe back home.
Mr. MCNERNEY. Madam Speaker, I arm. I urge all of my colleagues to support
rise today in support of H.R. 2467, the Of course, we don’t want dangerous H.R. 2467, the PFAS Action Act.
PFAS Action Act. chemicals in our water supply. But to Mrs. RODGERS of Washington.
PFAS compounds do not naturally outright ban an entire family of prod- Madam Speaker, I yield 11⁄2 minutes to
break down in the environment. Expo- ucts is not the answer. We would not the gentleman from Michigan (Mr.
sure to even small amounts of PFAS ban the entire periodic table because it UPTON).
has been linked to diseases, birth de- includes arsenic and mercury. We need Mr. UPTON. Madam Speaker, most
fects, and developmental disorders. a science-grounded, risk-based ap- folks have never heard of PFAS. In
These chemicals have been used in proach that identifies the most harm- Michigan we found out the hard way.
consumer products for decades and ful chemicals and treats them as such, Again.
have, thus, been allowed to spread and rather than have Congress regulate the Sadly, we know a little bit about
accumulate throughout the environ- entire family as a single group. water contamination. Think Flint,
ment, into our air, our water, and our Inclusion in the Comprehensive Envi- think lead. PFAS is bad, too. Really
soils. ronmental Response, Compensation, bad.
In my own district, PFAS has been and Liability Act has the potential to The EPA has been slow at the switch.
detected in multiple drinking water slow down the cleanup process of Three years ago, I stepped off the plane
systems, which puts the health and PFAS, divert resources from current coming back from D.C. for the August
safety of my constituents at risk. The higher-priority public health issues and break, and I got a call. It was bad. It
same can be said for millions of people create another unfunded mandate for was from one of my State senators.
in communities across the country. critical public utilities and local gov- One of my towns had been identified
Until recently, the extent of the ernments. just a few hours earlier with having
problem was underestimated in my Instead of interfering, it is time to alarming PFAS parts per trillion num-
home State. With expanded testing, we let government agencies do their work. bers.
now know that California is one of the And so I urge my colleagues, join me, We had to act right away. I drove
most impacted States in the country. vote ‘‘no’’ on H.R. 2467. straight to the sheriff command center,
A recent investigation by the State Mr. PALLONE. Madam Speaker, I prompted the immediate notification
Water Resources Control Board showed yield 2 minutes to the gentlewoman of thousands of residents. It was nearly
PFAS contamination in almost 100 from Florida (Ms. CASTOR), who chairs midnight. Before they could make in-
public water systems serving about 7.5 the House Select Committee on the fant formula or coffee in the morning
million Californians. Climate Crisis. or even water their vegetable garden,
We need a national strategy to pre- Ms. CASTOR of Florida. Madam they had to stop. They had to unplug
vent exposure to these toxic sub- Speaker, I rise today in strong support their icemakers in their refrigerators.
stances. This bill sets a deadline for of H.R. 2467, the PFAS Action Act. For months they had to line up at
the EPA to take action on establishing These PFAS chemicals, synthetic, churches and schools to get cases of
standards, limits the introduction of manmade chemicals, have now, accord- water for human consumption.
new PFAS into commerce and the envi- ing to the science, evolved into a very We had a bipartisan bill to require
ronment, and provides support for com- significant public health threat, and it the EPA to set a minimum standard
munities to install treatment tech- is time that Congress act to protect for PFOA and PFAS, which House Re-
nologies. This bill is needed both to our neighbors back home, families, publicans agreed to, but we were later
clean up pollution now and to prevent communities all across America with denied. It would have started the
it from getting worse in the future. the passage of this bill. EPA’s clock, which is why we need to
I want to thank Representative DIN- This is a bipartisan bill, and I want act now.
GELL and Representative UPTON for to thank my colleagues, Congress- We know this stuff is bad. We know
their leadership on H.R. 2467 and Chair- woman DINGELL and Congressman this causes cancer. This bill is not per-
man PALLONE, Chairman TONKO, for UPTON, for leading the charge here, be- fect. It needs to see a number of con-
helping to move this important legisla- cause what they propose and what we structive changes before it reaches the
tion. I also want to thank the com- will vote on today will protect our President’s desk, but I want to thank
mittee staff for their work on this bill. communities by instituting some new DAN KILDEE and BRIAN FITZPATRICK,
I urge all of my colleagues to vote oversight and regulations of these for- the two co-chairs of the bipartisan
‘‘yes.’’ ever chemicals in PFAS, help us clean Congressional PFAS Task Force.
Mrs. RODGERS of Washington. up these chemicals from our drinking I want to thank Chairman PALLONE. I
Madam Speaker, I yield 2 minutes to water, and protect the public health. also want to thank my colleague
the gentleman from Pennsylvania (Mr. These PFAS chemicals are not regu- DEBBIE DINGELL for authoring this bill.
JOYCE), a physician and member of the lated in any way right now. They are Mr. PALLONE. Madam Speaker, may
Energy and Commerce Committee. often used in firefighting foam, in I inquire how much time remains on
Mr. JOYCE of Pennsylvania. Madam nonstick surfaces, stain-resistant sur- each side?
Speaker, I rise today to oppose H.R. faces, and food packaging. The Agency The SPEAKER pro tempore. The gen-
2467, the PFAS Action Act. This bill for Toxic Substances and Disease Reg- tleman from New Jersey has 121⁄2 min-
takes the wrong approach to dealing istry has determined that PFAS expo- utes remaining. The gentlewoman from
SSpencer on DSK126QN23PROD with HOUSE
with these complex and complicated sure is associated with low birth Washington has 7 minutes remaining.
chemicals. weight babies, an increased rate of can- Mr. PALLONE. I yield 1 minute to
A de facto ban on all PFAS sub- cer, lower fertility rates, and develop- the gentlewoman from New York (Miss
stances will do nothing but prevent se- mental issues in young children and in- RICE), a member of our committee.
cure disposal of existing chemicals and fants. Miss RICE of New York. Madam
harm innovation of new, safer prod- A new study out of the Yale School Speaker, I can’t believe I am about to
ucts. of Public Health recently found that say this, but I think what I am hearing
VerDate Sep 11 2014 03:26 Jul 22, 2021 Jkt 019060 PO 00000 Frm 00021 Fmt 7634 Sfmt 0634 E:\CR\FM\K21JY7.032 H21JYPT1
H3780 CONGRESSIONAL RECORD — HOUSE July 21, 2021
from the majority of my friends on the H.R. 2467 imposes unrealistic dead- where we explored issues involving
other side of the aisle, with the excep- lines on the EPA and asks the EPA to PFAS materials and heard from wit-
tion of my good friend Mr. UPTON, is regulate before it has the necessary nesses spanning many perspectives on
that they just want a little more toxic data to make a legally and scientif- this important issue.
chemicals in your water. ically sound regulatory plan. As legislation and regulations are ad-
That simply cannot be true. Legislating in this careless fashion vanced to address PFAS issues, it is
In my district on Long Island, we undermines the confidence in both the critical that we ensure that these ef-
have long struggled with PFAS water bill and the legislative process to de- forts define the chemicals of concern
contamination, and many communities velop it. consistently, adequately, and properly
have already incurred substantial re- I urge a ‘‘no’’ vote on this bill, and I as supported by sound science. In the
mediation costs. encourage us to continue looking at current bill, however, what is ulti-
That is why I am pleased that the this issue. mately classified as a PFAS material
PFAS Action Act includes my provi- Mr. PALLONE. Madam Speaker, I is either left open to interpretation by
sion to reimburse these local commu- yield 2 minutes to the gentlewoman EPA or broadly defined. Using either
nities for their past expenses. Commu- from Massachusetts (Mrs. TRAHAN). approach risks subjecting potentially
nities that could not wait for Federal Mrs. TRAHAN. Madam Speaker, I thousands of chemicals to unnecessary
action and redirected their resources to rise in support of the PFAS Action Act regulation or restriction.
address this health threat should not of 2021 because this overdue legislation As we have heard previously in the
be punished for doing the right thing. will save lives. House Oversight and Reform Com-
This is a situation that the Federal We know that PFAS chemicals, oth- mittee, and as we have heard on the
Government has failed to address for erwise known as forever chemicals, floor this week during debate on var-
decades. We have the opportunity to do have been linked to harmful health ef- ious amendments, a broad definition of
it now. fects, including increased rates of can- PFAS could subject such key products
I want to thank my good friends, cer. as lithium-ion batteries, semiconduc-
Representatives DINGELL and UPTON, Yet, for far too long, they have been tors, refrigerants, and medical devices,
and the chairman of the committee for unchecked and unregulated. to name just a few, to regulation and
bringing this commonsense bill to the Now, these same chemicals are being restriction. All these products provide
floor. I urge my colleagues to support discovered at toxic levels in drinking important benefits, and some, in the
it. water supplies in communities that I case of batteries and semiconductors,
Mrs. RODGERS of Washington. represent and across our country. have been specifically highlighted by
Madam Speaker, I yield 3 minutes to In fact, as many as 200 million Amer- President Biden as part of his efforts to
the gentleman from Arkansas (Mr. icans are currently drinking PFAS- review and reshore critical supply
WESTERMAN), a leader on the Natural contaminated water, often without chains.
Resources Committee. even knowing it.
Mr. WESTERMAN. Madam Speaker, It is, therefore, essential that we
While my home State of Massachu- properly define PFAS, so that imple-
I rise today in opposition to H.R. 2467,
setts has led the way in responding to menting regulations can focus on those
but not necessarily in defense or in cri-
PFAS contaminations in recent years, materials, such as PFOA and PFOS,
tique of PFAS.
including the groundbreaking of a new where there is scientific consensus for
Unfortunately, this legislation puts
10,000-square foot treatment plant in regulation, while also ensuring that
the cart before the horse. It would es-
my district in Littleton, most States unnecessary regulations are not placed
tablish a PFAS standard before the
are falling further and further behind, on key uses of PFAS.
EPA has the information to determine
leaving their residents at risk. I urge my colleagues to carefully
the best regulatory action.
While written and passed by the En- Madam Speaker, we have the ability consider the definitions and criteria
ergy and Commerce Committee, this to change that today. that are being put forward as the basis
bill contains provisions within the ju- Passage of the PFAS Action Act will for PFAS regulation and to take steps
risdiction of the Transportation and bolster State and local initiatives like to ensure that these classifications are
Infrastructure Committee, of which I those already under way in Massachu- carefully tailored and supported by
am also a member. However, T&I never setts. sound science.
considered this bill, which greatly con- This legislation will provide the re- Mr. PALLONE. Madam Speaker, I
cerns me. Our committee didn’t hold sources and policies necessary to clean yield 1 minute to the gentleman from
one hearing or one markup on this bill up contaminated drinking water sites, Texas (Mr. GREEN).
or on the provisions contained in it. support families who have been exposed Mr. GREEN of Texas. Madam Speak-
T&I Democrats completely ceded the to PFAS chemicals, and take critical er, I appreciate the opportunity to
committee’s authority and expertise. steps to prevent future exposures. speak on this issue. And still I rise.
I am grateful to Representatives DIN- And I rise today because, as a Mem-
b 1330 GELL and UPTON, as well as our chair- ber of Congress, I believe we have a
If we had held a hearing or a markup, man of the Energy and Commerce Com- duty, a responsibility, and an obliga-
Republicans would have pointed out mittee, Mr. PALLONE, for their bipar- tion to act when industry is not acting,
that the Clean Water Act, which is tisan work on this issue. and the health of the American people
squarely in the jurisdiction of the Com- I urge my colleagues to support this is at risk.
mittee on Transportation and Infra- legislation, not because it will hurt It is time for Congress to do what it
structure, grants ample authority to corporations who want to continue the should have done, what EPA has not
the EPA and contains a long-estab- unregulated use of these dangerous done, what we can do. I believe that
lished process for evaluating chemicals chemicals, but because the health and there is no option but to vote ‘‘yes.’’
and regulating the discharge of those well-being of the hardworking families No is not an option when it comes to
substances when they pose a signifi- they represent are at stake if they the health and safety of the American
cant risk to water quality. don’t. people.
We would have noted that the EPA Mrs. RODGERS of Washington. I will vote ‘‘yes.’’ I will vote for the
already has efforts under way to evalu- Madam Speaker, I yield 2 minutes to American people and their safety.
ate PFAS substances pursuant to the the gentleman from Kentucky (Mr. Mrs. RODGERS of Washington.
Clean Water Act, including managing COMER), the lead Republican on the Madam Speaker, I reserve the balance
SSpencer on DSK126QN23PROD with HOUSE
risks from PFAS. Oversight and Reform Committee. of my time.
However, this bill short-circuits the Mr. COMER. Madam Speaker, I rise Mr. PALLONE. Madam Speaker, I
long-established regulatory review to oppose the PFAS Action Act. yield 2 minutes to the gentleman from
process under the Clean Water Act and As the ranking member of the House New Hampshire (Mr. PAPPAS).
it ignores the expertise of the Trans- Oversight and Reform Committee, I Mr. PAPPAS. Madam Speaker, I
portation and Infrastructure Com- have participated in many hours of thank the chairman for yielding and
mittee. hearings during the previous Congress for his leadership on this legislation.
VerDate Sep 11 2014 03:26 Jul 22, 2021 Jkt 019060 PO 00000 Frm 00022 Fmt 7634 Sfmt 0634 E:\CR\FM\K21JY7.033 H21JYPT1
July 21, 2021 CONGRESSIONAL RECORD — HOUSE H3781
I rise in support of the PFAS Action creates a hostile environment for the sight of the communities she rep-
Act, a landmark bill that will protect manufacture and use of PFAS, present resents who have been impacted by
millions of Americans from these toxic and future. PFAS in their environment and in
forever chemicals. The ban in this bill is a de facto ban their water.
We know PFAS persists in the envi- on 9,252 PFAS, as well as numerous The bill builds on legislation from
ronment and the human body, and it is lifesaving and critical products con- Representative SEAN PATRICK MALONEY
making our constituents sick. This leg- taining PFAS. to require health effects testing on all
islation addresses legacy contamina- A de facto ban is a system where PFAS chemicals. This critical testing
tion and its associated health effects. many suppliers of a product are al- forms the basis of required decisions
Importantly, this bill will also go to lowed, but the environment is so com- throughout this package.
the source, and halt active contamina- pletely hostile to its existence, that The legislation also sets a morato-
tion and work to hold polluters ac- the product might as well not be made. rium on new PFAS until EPA has the
countable. The aggressive, unscientific regu- science it needs to properly evaluate
That is exactly what my provision is latory approach in this bill, coupled them and will ensure that all new
designed to do. This legislation in- with its extremely limited exemptions, PFAS are properly reviewed before
cludes my bill, the Clean Water Stand- will create stigma and uncertainty, going forward. This provision was au-
ards for PFAS Act, which addresses and that will result in increased litiga- thored and led through the committee
toxic PFAS discharges and invests in tion in trial courts for products con- process by Representative KUSTER and
local infrastructure. taining PFAS. also reflects the hard work of Rep-
No polluter should be able to dump If you start stacking up the negative resentative DEAN.
PFAS unchecked into our waterways market pressures created through: Another essential piece of this bill
and into our wastewater systems. One, increased compliance costs; builds on bipartisan legislation from
PFAS should be handled like other Two, limited disposal options; Representatives BOYLE and
toxic substances that have been regu- Three, sidelined investments; FITZPATRICK to set a national drinking
lated through the Clean Water Act. Four, unquantifiable and permanent water standard that protects public
We must also support wastewater liability under CERCLA; health, including the health of preg-
systems to make necessary infrastruc- Five, tort lawsuits aided by legisla- nant women, infants, and children.
tive stigma; The legislation also takes important
ture upgrades that will stop PFAS
Six, marketplace challenges; steps to address air emissions of PFAS.
from poisoning our environment and
Seven, the inability to make or fi- It incorporates legislation from Rep-
our water. This bill would authorize
nance a safer replacement chemical or resentative STEVENS to address PFAS
$200 million a year for these grants.
product, it is not hard to see how H.R. emissions under the Clean Air Act and
Madam Speaker, this is a bipartisan
2467 creates a de facto ban on 9,252 legislation from Representatives
issue, and it is an issue that literally
chemicals and threatens the viability KHANNA and LEVIN to restrict unsafe
affects every State and every district
of these industries and the industries incineration of PFAS wastes, including
across this country.
that need them and the products con- firefighting foam.
Just yesterday I joined a round table Next, the bill includes a provision by
of concerned leaders in my district taining them that benefit our society.
Representative SOTO to create a volun-
whose message was crystal clear: Pass Unfortunately, this is not a new tac-
tarily PFAS-free label for cookware, so
this bill and protect the health and tic. It has been done before with the
consumers can take steps to protect
well-being of our communities and our war on coal under the Obama adminis-
themselves from exposure. I also thank
families. tration, and now we are seeing it with
Representative SLOTKIN for her work to
I heard from the town manager in the rest of fossil fuels and any product
expand that label.
Bedford, New Hampshire, who spoke to that some decide they don’t like. The bill includes a provision by Rep-
me about residents receiving bottled The word ‘‘ban’’ may not appear, but
resentative FLETCHER requiring EPA to
water for the past 3 years because their by creating massive costs through reg-
issue guidance for first responders to
wells are contaminated. Families and ulatory barriers and mandates, uncer-
both minimize the use of PFAS in fire-
businesses in several neighboring com- tainty, and taxes, a de facto ban is cre-
fighting foam and turnout gear and
munities face the same situation. How ated by the cost of doing business. The
also minimize their risks. That provi-
many more years are we going to let cost of doing business becomes too high
sion was improved last year with input
these people wait for clean water? and we, as Americans, become depend-
from Representative GOLDEN. Risks to
A constituent of mine named Lisa, ent upon other countries, dangerously
first responders are also a very serious
from the Seacoast region of New Hamp- dependent upon other countries. It
concern, and I thank Representative
shire, has two kids who drank PFAS- jeopardizes manufacturing in our coun-
FLETCHER for her work on that impor-
laced water for a number of years when try, and then we wonder why people are
tant issue.
they were growing up. They faced a not manufacturing in the United Lastly, the bill incorporates two pro-
number of unimaginable health im- States. visions related to the Clean Water Act
pacts as a result of that. It has been done on coal, it has been from Representatives DELGADO and
How many more households like done on fossil fuels, and today it is PAPPAS. Those important provisions
Lisa’s will there be in this particular being done on American manufactur- will protect our natural resources and
situation if we allow more PFAS out ers. stem the flow of contamination into
into the environment? We can do better. I urge my col- our waterways.
Far too many Americans are drink- leagues to vote ‘‘no’’ on this bill. Let’s Madam Speaker, I include the fol-
ing from contaminated systems and go back, let’s do better. We all want to lowing documents in the RECORD: A
wells. Far too many Americans are at protect clean drinking water. That is a letter from the Sierra Club; a letter
the mercy of industrial polluters and shared goal. Let’s stay focused on that from the United States Conference of
have brought this problem to our door- goal. Vote ‘‘no’’ on this bill. Catholic Bishops; a letter from the Co-
step. Madam Speaker, I yield back the bal- alition of NGO’s; a letter from Defense
I urge passage of this bill. ance of my time. Communities; a letter from the League
Mrs. RODGERS of Washington. Mr. PALLONE. Madam Speaker, I of Conservation Voters; and an article
Madam Speaker, may I inquire how yield myself such time as I may con- from Environmental Health News ti-
much time I have remaining? sume.
SSpencer on DSK126QN23PROD with HOUSE
tled: ‘‘The real story behind PFAS and
The SPEAKER pro tempore. The gen- This comprehensive bill reflects the Congress’ effort to clean up contamina-
tlewoman has 3 minutes remaining. hard work of many of my colleagues. I tion.’’ That is an op-ed.
Mrs. RODGERS of Washington. want to thank some of the leaders in
SIERRA CLUB,
Madam Speaker, I yield myself the bal- the House who have made this bill pos- July 15, 2021.
ance of my time. sible. DEAR MEMBER OF CONGRESS, On behalf of
Unfortunately, this bill is not just Representative DINGELL has led this our over four million members and sup-
limited to legacy contamination. It bill for several years now, never losing porters, Sierra Club writes to express our
VerDate Sep 11 2014 03:26 Jul 22, 2021 Jkt 019060 PO 00000 Frm 00023 Fmt 7634 Sfmt 0634 E:\CR\FM\K21JY7.036 H21JYPT1
H3782 CONGRESSIONAL RECORD — HOUSE July 21, 2021
support of H.R. 2467 the PFAS Action Act of The USCCB has consistently promoted in- nation’s most contaminated sites. H.R. 2467
2021. We ask that you vote in support of this tegral human development, where tech- will set clear deadlines requiring EPA to do
critical package and strengthening amend- nology and human ingenuity are directed to- just that. Designating PFOA and PFOS as
ments. wards the common good. Human and envi- hazardous substances, as proposed by H.R.
Communities around the United States are ronmental health concerns are inter- 2467, will not ban PFAS—but will instead en-
facing grave threats to their drinking water connected, and we must not forget that sure that the most contaminated sites are fi-
and health due to Per- and Polyfluoroalkyl ‘‘human life is itself a gift which must be de- nally cleaned up.
Substances (PFAS). This class of chemicals fended from various forms of debasement’’ We urge you to vote YES on H.R. 2467, the
is widely used to make carpets, fabrics for (Laudato Si’, no. 5). The PFAS Action Act of PFAS Action Act.
furniture, Teflon coatings for cookware, 2021 both upholds the dignity of human life Sincerely,
paper packaging for food and other everyday and preserves ecological health. It regulates Alaska Community Action on Toxics,
materials. They’re even used in firefighting PFAS, enacts drinking water standards, and Breast Cancer Prevention Partners, Center
foam (aqueous film forming foam; AFFF) for designates contaminated sites as eligible for for Environmental Health, Clean Cape Fear,
both civilian and military purposes. Superfund cleanup. Clean Water Action, Commonweal Biomoni-
PFAS chemicals can’t be broken down in Access to safe, potable water is an indis- toring Resource Center, Community Action
an environment and effectively poison water pensable human right and government lead- Works, Consumer Reports, Defend Our
sources. Right now, scientists estimate that ers have a moral responsibility to safeguard Health, Ecology Center, Environment Amer-
more than 100 million Americans are drink- society from poisonous chemical contamina- ica, Environment North Carolina, Environ-
ing PFAS-contaminated water. This con- tions. Addressing U.S. Congress in 2015, Pope mental Working Group, Green Science Pol-
tamination is strongly linked to cancer, im- Francis declared that ‘‘you are called to de- icy Institute, Green CAPE.
mune system suppression, thyroid problems, fend and preserve the dignity of your fellow Healthy Babies Bright Futures, League of
reproductive system damage and harming of citizens in the tireless and demanding pur- Conservation Voters, Merrimack Citizens for
children’s growth and development. suit of the common good.’’ We pray for your Clean Water, Michigan League of Conserva-
The PFAS Action Act takes critical steps efforts to protect the life and health of tion Voters, Moms for a Nontoxic New York,
in ensuring our communities are protected mothers, the unborn, all of society, and Natural Resources Defense Council, NC
from dangerous chemicals. There are 9 im- God’s creation. Child, NC Conservation Network, Safer
portant amendments that extend important Sincerely yours, Chemicals Healthy Families, Sierra Club,
protections against PFAS chemicals. How- MOST REVEREND PAUL S. Southern Environmental Law Center, Toxic-
ever, two stand out as critical in dealing COAKLEY, Free Future, U.S. PIRG, Union of Concerned
with PFAS contamination. First, Rep. Andy Archbishop of Okla- Scientists, Vermont Conservation Voters,
Levin’s Amendment #8 to prohibit inciner- homa City, Chair, Zero Waste Washington.
ation of PFAS-based firefighting foams. Sec- Committee on Do-
ond, Rep. Sarbanes and Fitzpatrick’s Amend- mestic Justice, and PROTECT OUR DEFENSE COMMUNITIES FROM
ment #15 which would require chemical com- Human Develop- PFAS POLLUTION—DESIGNATE PFOA AND
panies to provide the analytical standards ment, United States PFOS AS HAZARDOUS SUBSTANCES
that allow chemists to measure new PFAS Conference of JULY 20, 2021.
chemicals in people and the environment. Catholic Bishops. DEAR REPRESENTATIVE: Our communities
Everyone, no matter zip code, gender or MOST REVEREND JOSEPH F. host many of the hundreds of military in-
race, deserves clean drinking water and a NAUMANN, stallations that are now contaminated with
healthy environment. We must safeguard Archbishop of Kansas the toxic ‘‘forever chemicals’’ known as
frontline communities from the damage of
City, Chair, Com- PFAS. While Congress has acted to end the
PFAS. We need to stop emitting PFAS into
mittee on Pro-Life use of firefighting foam made with PFAS,
the environment and protect those popu-
Activities, United Congress has not yet taken steps to ensure
lations most susceptible to chemical con-
States Conference of that legacy PFAS pollution is cleaned up.
tamination—like women, children and mili-
Catholic Bishops. To protect our defense communities from
tary service members. The PFAS Action Act
toxic pollution, we urge you to designate
is an important step in that process.
Sierra Club urges you to support the PFAS JULY 19, 2020. PFOA and PFOS as hazardous substances
Action Act. Hon. NANCY PELOSI, under the Comprehensive Environmental Re-
Sincerely, Speaker of the House, sponse, Liability, and Compensation Act.
MICHAEL BRUNE, Washington, DC. Designating PFOA and PFOS as hazardous
Executive Director, Sierra Club. Hon. KEVIN MCCARTHY, substances under CERCLA will ensure that
Minority Leader, the Defense Department treats PFAS pollu-
UNITED STATES CONFERENCE Washington, DC. tion at military installations as a priority.
Hon. STENY HOYER, Some members of Congress have argued
OF CATHOLIC BISHOPS,
Majority Leader, that designating PFOA and PFOS as ‘‘haz-
Washington, DC, July 19, 2021.
Washington, DC. ardous substances’’ under CERCLA will ban
HOUSE OF REPRESENTATIVES.
DEAR REPRESENTATIVE: On behalf of the Hon. STEVE SCALISE, the use of these two chemicals from medical
United States Conference of Catholic Minority Whip, devices, semiconductors, lithium batteries
Bishops (USCCB) Committee on Domestic Washington, DC. and even surgical masks. This is not correct.
Justice and Human Development and Com- DEAR SPEAKER PELOSI, MAJORITY LEADER First, PFOA and PFOS are no longer used in
mittee on Pro-Life Activities, we write in HOYER, MINORITY LEADER MCCARTHY, MINOR- commerce. Second, designation of a chemical
support of the PFAS Action Act of 2021 (H.R. ITY WHIP SCALISE AND MEMBERS OF THE as a hazardous substance does not result in a
2467). This bipartisan legislation aims to re- HOUSE OF REPRESENTATIVES: On behalf of our ban of the chemical. Nearly 80 percent of the
duce human and environmental exposure to millions of members and supporters, the un- chemicals designated as hazardous sub-
toxic chemicals. dersigned non-governmental organizations stances are still used in commerce.
Per-fluoroalkyl and poly-fluoroalkyl sub- write today to urge you to vote YES on H.R. CERCLA regulates the cleanup of chemi-
stances (PFAS) are a diverse class of com- 2467, the PFAS Action Act. cals, not the use of chemicals. In particular,
pounds containing thousands of individual Toxic PFAS chemicals have now been con- designating PFOA and PFOS as hazardous
chemicals. Useful for non-stick and water-re- firmed in the water of nearly 2800 commu- substances under CERCLA will ensure that
pellent properties, certain PFAS have been nities, including over 300 military installa- they are a priority for clean up at military
integrated into numerous household prod- tions, and studies have linked PFAS to seri- installations.
ucts. PFAS have also been employed in fire- ous health problems, including cancer. H.R. PFAS has been confirmed in the ground-
fighting foam across the United States. 2467 will build on the progress made in the water at more than 300 military installations
PFAS are resistant to degradation and bio- National Defense Authorization Act for FY where firefighting foams made with PFAS
accumulate in the environment and the 2020 by restricting industrial releases of were used, including installations in our
human body. Prolonged exposure to these PFAS into our air and water, setting a communities. We urge you to protect our
chemicals can cause cancer, thyroid prob- drinking water standard for PFOA and PFOS communities from these toxic forever chemi-
lems, birth defects, and reproductive, devel- in tap water, and by kick-starting the proc- cals by voting to designate PFOA and PFOS
opmental, and immune system disruptions. ess of cleaning up legacy PFAS contamina- as hazardous substances.
Of particular concern is a growing body of tion by designating PFOA and PFOS as haz- Sincerely,
SSpencer on DSK126QN23PROD with HOUSE
research that indicates pregnant and nursing ardous substances under the federal Super- ANDREA AMICO,
mothers, and their children, are especially fund law. Testing for Pease,
affected. Such exposure occurs through pol- The science is clear: PFAS have been Portsmouth, New
luted drinking water, food, soil, dust and the linked to serious health problems through Hampshire.
use of consumer products manufactured decades of animal, worker, and human stud- ANTHONY SPANIOLA,
using PFAS. The widespread utilization of ies. Unfortunately, EPA has failed to take Need Our Water
these ‘‘forever chemicals’’ has resulted in steps to restrict air and water releases, re- (NOW), Oscoda,
significant environmental contamination. duce PFAS in our tap water, or clean up the Michigan.
VerDate Sep 11 2014 03:26 Jul 22, 2021 Jkt 019060 PO 00000 Frm 00024 Fmt 7634 Sfmt 0634 E:\CR\FM\A21JY7.006 H21JYPT1
July 21, 2021 CONGRESSIONAL RECORD — HOUSE H3783
ARNIE LERICHE, FMT, Clovis, New cluding votes on this legislation in the 2021
Wurtsmith Restoration Mexico. Scorecard. If you need more information,
Advisory Board, LAURENE ALLEN, please contact a member of our government
Oscoda, Michigan. Merrimack Citizens for relations team.
ART SCHAAP, Clean Water, Sincerely,
Tucumcari Cheese, Merrimack, New GENE KARPINSKI,
Clovis, New Mexico. Hampshire. President.
CATHY WUSTERBARTH, SHAINA KASPER,
Need Our Water Community Action ENVIRONMENTAL HEALTH SCIENCES—THE
(NOW), Oscoda, Works Campaigns, REAL STORY BEHIND PFAS AND CONGRESS’
Michigan. Montpelier, EFFORT TO CLEAN UP CONTAMINATION: OP-
CHERYL CAIL, Vermont. ED BY JIM JONES
SC Idle No More, M ADISON MCCOY, Former EPA official Jim Jones sets the
SCIAC, Myrtle Albuquerque, New record straight on ‘the forever chemical’ as
Beach, South Caro- Mexico. lawmakers take up the PFAS Action Act
lina. SUZANNE S CHAAP , Jim Jones
DEBORAH BROWN, Hereford, Texas. When the U.S. House of Representatives
Newburgh Clean PAMELA MILLER, takes up the bipartisan PFAS Action Act
Water Project, New- Alaska Community Ac- this week, some members of Congress may
burgh, New York. tion on Toxics, An- contend that the bill would ban some uses of
EDWARD LAWSON, JR., chorage, Alaska. PFAS.
Co-Chair Stewart Air In particular, some members of Congress
National Guard, LCV, may argue that designating PFOA and PFOS
Restoration Advisory Washington, DC, July 20, 2021. as ‘‘hazardous substances’’ under the Com-
Board, Newburgh, Re: Support H.R. 2467, a critical step in pro- prehensive Environmental Response, Liabil-
New York. tecting our health from toxic chemicals. ity, and Compensation Act, or CERCLA, will
HOPE GROSSE, ban the use of these two chemicals from
Buxmont Coalition for HOUSE OF REPRESENTATIVES.
DEAR REPRESENTATIVE, The League of Con- medical devices, semiconductors, lithium
Safe Water, War- batteries and even surgical masks.
minster, Pennsyl- servation Voters (LCV) works to turn envi-
ronmental values into national priorities. This is not correct.
vania.
Each year, LCV publishes the National Envi- PFAS & PFOS NO LONGER USED IN COMMERCE
JENNIFER VAUGHAN,
Brock, Texas. ronmental Scorecard, which details the vot- First, PFOA and PFOS are no longer used
JEROME M ENSMINGER, ing records of members of Congress on envi- in commerce.
CDC Camp Lejeune ronmental legislation. The Scorecard is the As an Assistant Administrator for the
Community Assist- nationally accepted yardstick used to rate EPA, I was involved in the implementation
ance, Panel, Eliza- members of Congress on environmental, pub- of a 2006 stewardship agreement with the
bethtown, North lic health, and energy issues and is distrib- chemical industry to phase out the use of
Carolina. uted to LCV members, concerned voters, and these two members of this class of
JIM HOLMES, the media. fluorinated chemicals. Simply put, as a re-
Satellite Beach, Flor- LCV urges you to vote YES on H.R. 2467, sult of this agreement, PFOA and PFOS are
ida. the ‘‘PFAS Action Act of 2021,’’ which would no longer used in these products or take
JOANNE STANTON, take important steps in addressing the grow- make these products.
Buxmont Coalition for ing national PFAS (per- and polyfluoroalkyl HAZARDOUS SUBSTANCE
Safe Water, War- substances) crisis threatening the health of Second, designation of a chemical as a haz-
minster, Pennsyl- millions of people across the country. ardous substance does not result in a ban of
vania. PFAS are a class of chemicals used in
the chemical.
KEVIN FERRARA, many everyday consumer products and in- A quick review of EPA records reveals that
AFS021 LLC, dustrial applications to make water and nearly 80 percent of the chemicals des-
Woolrich, Pennsyl- stain repellant coatings, but communities ignated as hazardous substances by Congress
vania. continue to discover that their drinking since the law was passed in 1980 are still used
KRISTEN MELLO, water, food, soil, and surroundings have been in commerce. That’s because CERCLA does
Westfield Residents contaminated with PFAS. Also called ‘‘for- not force manufacturers to stop using chemi-
Advocating For, ever chemicals’’ in recognition of their per- cals. Sulfuric acid, one of the most widely
Themselves sistence in the environment and our bodies, used chemicals in commerce, has been des-
(WRAFT), Westfield, PFAS have been linked to numerous health ignated as a hazardous substance for more
Massachusetts. problems like certain cancers, thyroid dis- than 40 years. Many other chemicals des-
LAURA OLAH, ease, neurological development issues, weak- ignated as hazardous substances are used in
Citizens for Safe Water ened immune systems, and more. The federal many products, including medical devices.
Around Badger, government has been slow to take the ac- CERCLA regulates the cleanup of chemi-
Merrimac, Wis- tions necessary to protect our communities, cals, not the use of chemicals. A different
consin. especially communities of color who bear a statute, the Toxic Substances Control Act,
LISA CELLINI, disproportionate impact from this lack of re- or TSCA, governs the use of chemicals.
Maple Glen, Pennsyl- sponse.
CRITICAL STEP TO CLEAN UP PFAS & PFOA
vania. H.R. 2467 will take critical steps forward
MARK A. FAVORS, RN, that are needed to reduce PFAS use, clean Simply put, no one—not Congress, not the
Fountain Valley Clean them up, and hold polluters accountable for states, not the EPA—is trying to ban PFOA
Water Coalition, the damage to our health and the environ- and PFOS by statute.
Colorado Springs, ment. The bill would require the Environ- So, if Congress is not trying to ban PFOA
Colorado. mental Protection Agency (EPA) to set a and PFOS, why then does the bipartisan
MARK D SANCHEZ-POTTER, drinking water standard for PFOA and PFOS PFAS Action Act designate them as haz-
Food and Water within two years, designate PFOA and PFOS ardous substances?
Watch, Newburgh, as hazardous air pollutants, limit industrial Designating PFOA and PFOS as hazardous
New York. discharges of PFAS into waterways, and pro- substances is a critical step in efforts to ac-
PAT ELDER, vide funding for water treatment. Addition- celerate the clean-up process at contami-
Military Poisons, St. ally, it would provide consumers with knowl- nated sites, especially Department of De-
Mary’s City, Mary- edge of products containing PFAS by adding fense installations.
land. PFAS to the EPA’s Safer Choice Program. FIREFIGHTING FOAM CONTAMINATION
SCOTT CRUMBAUGH, H.R. 2467 also would designate PFOA and PFAS has been confirmed in the ground-
Pure Aqua Tech, PFOS as hazardous substances and make a water at more than 300 military installations
SSpencer on DSK126QN23PROD with HOUSE
Alma, Michigan. determination on other PFAS within five where firefighting foams made with PFAS
STAN MCCOY, years—key to holding polluters accountable were used. Congress directed the DOD to end
Cedar Crest, New Mex- and ensuring that our nation’s most con- the use of these PFAS-based foams in 2020,
ico. taminated sites are finally cleaned up. but efforts to clean up legacy contamination
STEL BAILEY, Again. we urge you to SUPPORT H.R. 2467, at these bases has not yet been undertaken.
Fight 4 Zero, Brevard which will take critical steps in tackling the Designating PFOA and PFOS as hazardous
County, Florida. PF AS crisis, as well as all pro-environment substances will ensure that the DOD treats
MITCH FREITAS, amendments. We will strongly consider in- these contaminants as a priority for cleanup.
VerDate Sep 11 2014 04:40 Jul 22, 2021 Jkt 019060 PO 00000 Frm 00025 Fmt 7634 Sfmt 0634 E:\CR\FM\A21JY7.023 H21JYPT1
H3784 CONGRESSIONAL RECORD — HOUSE July 21, 2021
That’s not only reason Congress should and controlled by the proponent and an ‘‘(B) an applicable standard established by
enact the PFAS Action Act. While EPA is opponent, may be withdrawn by the the applicable State that is more stringent
now treating PFAS as a priority, that has proponent at any time before the ques- than the level described in subparagraph (A);
not always been the case. To guard against or
tion is put thereon, shall not be subject
delay, the PFAS Action Act sets deadlines ‘‘(3) safe disposal of spent water filtration
for EPA to finalize a national drinking water to amendment, and shall not be subject equipment used to reduce perfluoroalkyl and
standard for PFOA and PFOS and to place to a demand for division of the ques- polyfluoroalkyl substances in drinking water
limits on discharges of PFAS into the air tion. at schools.
and water. The bill also sets a deadline for It shall be in order at any time after ‘‘(b) GUIDANCE; PUBLIC AVAILABILITY.—As a
EPA to decide whether or not to list other debate for the chair of the Committee condition of receiving a grant under this sec-
PFAS as hazardous substances. on Energy and Commerce or his des- tion, an eligible entity shall—
PFAS: TIME TO TAKE ACTION ignee to offer amendments en bloc con- ‘‘(1) expend grant funds in accordance with
any applicable State regulation or guidance
A lot is at stake. PFAS has been detected sisting of further amendments printed regarding the reduction of perfluoroalkyl
in thousands of drinking water systems and in part B of House Report 117–95, not and polyfluoroalkyl substances in drinking
has been linked to serious health problems. earlier disposed of. Amendments en water at schools that is not less stringent
No wonder chemical companies and public bloc shall be considered as read, shall than any applicable guidance issued by the
health groups agree that it is time to take
be debatable for 20 minutes equally di- Administrator;
action to address PFAS pollution. Hopefully, ‘‘(2) make publicly available, including, to
members of Congress will agree as well. vided and controlled by the chair and
the ranking minority member of the the maximum extent practicable, on the
PFAS: WHO TO CALL website of the eligible entity, a copy of the
Committee on Energy and Commerce
Editors note: The PFAS Action Act of 2021, results of any testing carried out with grant
or their respective designees, shall not funds received under this section; and
by Rep. Debbie Dingell, D–Mich., is set to be
debated by the U.S. House of Representatives be subject to amendment, and shall not ‘‘(3) notify parent, teacher, and employee
sometime this week. be subject to a demand for division of organizations of the availability of the re-
To set the record straight and voice con- the question. sults described in paragraph (2).
cern that the latest science is not being con- AMENDMENTS EN BLOC OFFERED BY MR. TONKO ‘‘(c) LIMITATION.—An eligible entity receiv-
sidered as lawmakers debate effort to clean OF NEW YORK ing a grant under this section may use not
up our environment, contact Republican Mr. TONKO. Madam Speaker, pursu- more than 5 percent of grant funds to pay
Reps. Cathy McMorris Rogers and Buddy the administrative costs of carrying out the
ant to House Resolution 535, I rise to activities for which the grant was made.
Carter.
Jim Jones was the Assistant Adminis-
offer amendments en bloc. ‘‘(d) DEFINITION OF ELIGIBLE ENTITY.—In
trator for the Office of Chemical Safety and The SPEAKER pro tempore. The this section, the term ‘eligible entity’
Pollution Prevention for the Environmental Clerk will designate the amendments means—
Protect Agency from 2011 to 2017. en bloc. ‘‘(1) a local educational agency; or
Views expressed are his own and not nec- Amendments en bloc consisting of ‘‘(2) a State agency that administers a
essarily those of Environmental Health amendment Nos. 1, 2, 3, 4, 5, 6, 7, 8, 9, statewide program to test for, remediate, or
Sciences, publisher of EHN.org and and 10, printed in part B of House Re- filter perfluoroalkyl and polyfluoroalkyl
DailyClimate.org. substances in drinking water.
port 117–95, offered by Mr. TONKO of ‘‘(e) AUTHORIZATION OF APPROPRIATION.—
b 1345 New York: There is authorized to be appropriated to
AMENDMENT NO. 1 OFFERED BY MR. KILDEE OF carry out this section $100,000,000 for each of
Madam Speaker, let me just say in MICHIGAN fiscal years 2022 through 2026, to remain
closing, the PFAS Action Act is a available until expended.’’.
Page 30, strike lines 13 through 17 and in-
strong and balanced bipartisan bill sert the following: AMENDMENT NO. 4 OFFERED BY MS. OCASIO-
that will make a real difference for CORTEZ OF NEW YORK
(5) Information on treatment options, in-
countless communities across the cluding information relating to water treat- Page 31, after line 2, insert the following:
country. ment systems certified to the relevant NSF/ (c) ACCESS.—The Administrator shall en-
You have heard today that this bill ANSI American National Standard for drink- sure information on the website established
may not be that necessary because the ing water treatment units by a third-party under subsection (a) is presented in a manner
administration is already doing things, certification body accredited by the ANSI that provides meaningful access to such in-
but I just point out that the adminis- National Accreditation Board. formation for individuals with limited
tration has sent a Statement of Admin- AMENDMENT NO. 2 OFFERED BY MS. LEGER
English proficiency.
AMENDMENT NO. 5 OFFERED BY MS. ROSS OF
istration Policy saying why the Presi- FERNANDEZ OF NEW MEXICO
NORTH CAROLINA
dent would sign this bill. So obviously, Page 6, line 4, insert ‘‘and water used for
agricultural purposes’’ after ‘‘water’’. Page 20, beginning on line 2, strike ‘‘in use
he feels that it is necessary.
Page 31, line 20, insert ‘‘and water used for by the community water system at the time
And this is a quote from that State- of application is’’ and insert ‘‘that was in use
agricultural purposes’’ after ‘‘water’’.
ment of Administration Policy that by the community water system on the date
AMENDMENT NO. 3 OFFERED BY MR. LEVIN OF
says, ‘‘The administration led by the of enactment of this section was’’.
MICHIGAN
EPA is working to collaborate on AMENDMENT NO. 6 OFFERED BY MR. SAN
cross-cutting strategies, advanced new Add at the end the following:
NICOLAS OF GUAM
SEC. 18. SCHOOL DRINKING WATER TESTING AND
design, develop coordinated policies, FILTRATION GRANT PROGRAM. Page 32, beginning on line 13, strike ‘‘Of
regulations and communications; and Part F of the Safe Drinking Water Act (42 the amounts made available under this sub-
continue engagement with affected U.S.C. 300j–21 et seq.) is amended by adding section, the Administrator may use funds’’
States, Tribes, communities stake- at the end the following: and insert ‘‘To the extent that sufficient ap-
holders, and H.R. 2467 would further en- ‘‘SEC. 1466. SCHOOL PFAS TESTING AND FILTRA-
plications are received, the Administrator
hance those efforts.’’ TION GRANT PROGRAM. shall use not less than 2 percent of the
‘‘(a) IN GENERAL.—Not later than 1 year amounts made available under this sub-
Madam Speaker, like the administra- section’’.
tion, I am proud to support this bill. I after the date of enactment of this section,
the Administrator shall establish a program AMENDMENT NO. 7 OFFERED BY MR. SARBANES
urge my colleagues to vote ‘‘yes,’’ and OF MARYLAND
to make grants to eligible entities for—
I yield back the balance of my time. Add at the end the following:
‘‘(1) testing for perfluoroalkyl and
The SPEAKER pro tempore. All time polyfluoroalkyl substances in drinking water SEC. 18. ANALYTICAL REFERENCE STANDARDS
for debate has expired. at schools that is conducted by an entity ap- FOR PFAS.
Each further amendment printed in proved by the Administrator or the applica- (a) IN GENERAL.—Not later than 180 days
part B of House Report 117–95 not ear- ble State to conduct the testing; after the date of enactment of this Act, the
lier considered as part of amendments ‘‘(2) installation, maintenance, and repair Administrator of the Environmental Protec-
SSpencer on DSK126QN23PROD with HOUSE
en bloc pursuant to section 3 of House of water filtration systems effective for re- tion Agency shall require each covered enti-
Resolution 535, shall be considered only ducing perfluoroalkyl and polyfluoroalkyl ty to submit to the Administrator an analyt-
substances in drinking water at schools that ical reference standard for each
in the order printed in the report, may
contains a level of any perfluoroalkyl or perfluoroalkyl or polyfluoroalkyl substance
be offered only by a Member designated polyfluoroalkyl substance that exceeds— with at least one fully fluorinated carbon
in the report, shall be considered as ‘‘(A) an applicable maximum contaminant atom manufactured by the covered entity
read, shall be debatable for the time level established by the Administrator under after the date that is 10 years prior to the
specified in the report equally divided section 1412; or date of enactment of this Act.
VerDate Sep 11 2014 03:26 Jul 22, 2021 Jkt 019060 PO 00000 Frm 00026 Fmt 7634 Sfmt 0634 E:\CR\FM\A21JY7.016 H21JYPT1
July 21, 2021 CONGRESSIONAL RECORD — HOUSE H3785
(b) USES.—The Administrator may— (I) food packaging material; Mrs. RODGERS of Washington.
(1) use an analytical reference standard (J) an umbrella; Madam Speaker, I claim the time in
submitted under this section only for— (K) luggage; or opposition, and I reserve the balance of
(A) the development of information, proto- (L) a cleaning product.
my time.
cols, and methodologies, which may be car- (2) PFAS.—The term ‘‘PFAS’’ means a
ried out by an entity determined appropriate perfluoroalkyl or polyfluoroalkyl substance Mr. TONKO. Madam Speaker, I yield
by the Administrator; and with at least one fully fluorinated carbon 1 minute to the gentleman from Mary-
(B) activities relating to the implementa- atom. land (Mr. SARBANES), who has been out-
tion or enforcement of Federal requirements; The SPEAKER pro tempore. Pursu- spoken on this issue.
and ant to House Resolution 535, the gen- Mr. SARBANES. Madam Speaker, I
(2) provide an analytical reference stand- tleman from New York (Mr. TONKO) rise today in support of my amendment
ard submitted under this section to a State, and the gentlewoman from Washington to H.R. 2467, the PFAS Action Act.
to be used only for— I thank my colleague, Representative
(A) the development of information, proto-
(Mrs. RODGERS) each will control 10
minutes. FITZPATRICK, for joining in this bipar-
cols, and methodologies, which may be car-
ried out by an entity determined appropriate The Chair recognizes the gentleman tisan proposal. PFAS chemicals, as we
by the State; and from New York. have been hearing today, are harmful,
(B) activities relating to the implementa- Mr. TONKO. Madam Speaker, I yield manmade forever chemicals that are
tion or enforcement of State requirements. myself such time as I may consume. persistent, bio-accumulative, and
(c) PROHIBITION.—No person receiving an Madam Speaker, I rise in support of toxic.
analytical reference standard submitted this en bloc of 10 amendments. As was These chemicals, which threaten
under this section may use or transfer the done in the 116th Congress, the PFAS more than 100 million Americans, pose
analytical reference standard for a commer-
Action Act was subject to a sub- serious risks to human health, includ-
cial purpose.
(d) DEFINITIONS.—In this section: committee markup, a full committee ing cancer, immune disorders, and re-
(1) COVERED ENTITY.—The term ‘‘covered markup, and debate and amendment on productive system maladies.
entity’’ means a manufacturer of a the House floor. The PFAS Action Act will take crit-
perfluoroalkyl or polyfluoroalkyl substance During these processes in the 116th ical steps to protect all Americans
with at least one fully fluorinated carbon and 117th Congresses, there has been an from PFAS chemicals by helping clean
atom. effort to continue to strengthen the up contaminated sites under the Super-
(2) MANUFACTURE; STATE.—The terms proposal at each and every stage. The fund program, limiting the exposure of
‘‘manufacture’’ and ‘‘State’’ have the mean-
ten amendments included in this en PFAS chemicals, and establishing a
ings given those terms in section 3 of the
Toxic Substances Control Act (15 U.S.C. bloc, which includes several bipartisan health-protective drinking water
2602). amendments, would build upon this standard that limits the amount of
AMENDMENT NO. 8 OFFERED BY MS. SLOTKIN OF
past work and make further improve- PFAS in our water systems.
MICHIGAN ments to the underlying bill. My amendment would strengthen the
Page 21, strike lines 9 through 13 and insert Several of the amendments help pro- PFAS Action Act by expanding EPA’s
‘‘than $500,000,000 for each of fiscal years 2022 tect Americans from PFAS in their ability to use the best-available
through 2026.’’. drinking water, especially those rely- science to address PFAS risks by re-
AMENDMENT NO. 9 OFFERED BY MS. SLOTKIN OF ing upon private wells, which would quiring manufacturers to provide ref-
MICHIGAN not be subject to the national drinking erence standards for all PFAS chemi-
Page 30, after line 25, insert the following: water standard required to be devel- cals. This effort will help reduce PFAS
(8) Information about the health risks as- oped by this bill. pollution and keep our families safe.
sociated with consuming water contami- We know communicating the risks of My amendment will provide the EPA
nated with PFAS as well as recommenda- PFAS is challenging: What are safe lev- with critical data about PFAS chemi-
tions for individuals who believe they may els? What is a reliable testing tech- cals and help the agency better iden-
have consumed such PFAS-contaminated nique? And what do you do if your tify these toxic substances in our com-
water.
water is contaminated? munities.
AMENDMENT NO. 10 OFFERED BY MS. SLOTKIN OF These amendments would help ensure Madam Speaker, I urge my col-
MICHIGAN
people have better, clearer, and more leagues to support the amendment and
Page 25, beginning on line 21, strike ‘‘pot, accessible information on this and the underlying bill and vote in favor of
pan, cooking utensil, carpet, or rug, cloth-
other issues. This en bloc also includes this important legislation.
ing, or upholstered furniture, or a stain re-
sistant, water resistant, or grease resistant amendments that would increase grant Mrs. RODGERS of Washington.
coating not subject to requirements under funding to community water systems Madam Speaker, I continue to reserve
section 409 of the Federal Food, Drug, and and ensure all communities dealing the balance of my time.
Cosmetic Act’’ and insert ‘‘covered product’’. with PFAS contamination can access Mr. TONKO. Madam Speaker, I yield
Page 26, beginning on line 2, strike ‘‘pot, these funds, including insular terri- 2 minutes to the gentlewoman from
pan, cooking utensil, carpet, rug, clothing, tories. And it would establish a new Michigan (Ms. TLAIB), who, along with
or upholstered furniture, or stain resistant, grant program to support PFAS test- Mrs. DINGELL, has really brought great
water resistant, or grease resistant coating’’
ing and filtration at schools. focus to this issue in committee.
and insert ‘‘covered product’’.
Page 26, beginning on line 7, strike ‘‘pot, We know the cost of PFAS remedi- Ms. TLAIB. Madam Speaker, I still
pan, cooking utensil, carpet, rug, clothing, ation can be significant. Ensuring remember how I felt when I learned
or upholstered furniture, or stain resistant, these costs do not fall squarely upon that one of the worst PFAS sites in the
water resistant, or grease resistant coating the households that rely upon these entire country was discovered right in
not subject to requirements under section water systems, who are not responsible my backyard in my district at the Mar-
409 of the Federal Food, Drug, and Cosmetic for the contaminations, should be a athon petroleum refinery. Shock, hor-
Act’’ and insert ‘‘covered product’’. high priority of this effort. More Fed- ror, and a sinking feeling in the pit of
Page 26, beginning on line 14, amend sub- my stomach just happened instantly.
eral funding can help in this regard.
section (b) to read as follows:
(b) DEFINITIONS.—In this section:
Finally, the en bloc would expand the I called Congresswoman DINGELL, be-
(1) COVERED PRODUCT.—The term ‘‘covered PFAS-free labeling program to cover cause that site borders our districts.
product’’ means— food package material, luggage, and And it is a community that continues
(A) a pot, cleaning products. This will allow to struggle with air quality and clean
(B) a pan; Americans to make certain that they water. That ZIP Code, where Marathon
(C) a cooking utensil; have more informed choices on the Oil Refinery is now, that is the most
SSpencer on DSK126QN23PROD with HOUSE
(D) carpet; products they choose to purchase. polluted ZIP Code in all of the State of
(E) a rug; Overall, these are good improvements Michigan. So we wonder why the for-
(F) clothing;
(G) upholstered furniture;
to the bill, and I do not believe they ever chemical was found right there
(H) a stain resistant, water resistant, or should be controversial. and how it is impacting people’s public
grease resistant coating not subject to re- Madam Speaker, I encourage Mem- health.
quirements under section 409 of the Federal bers to support the en bloc, and I re- We are finding in Michigan, as folks
Food, Drug, and Cosmetic Act; serve the balance of my time. know, where we lead in the country in
VerDate Sep 11 2014 03:26 Jul 22, 2021 Jkt 019060 PO 00000 Frm 00027 Fmt 7634 Sfmt 0634 E:\CR\FM\A21JY7.014 H21JYPT1
H3786 CONGRESSIONAL RECORD — HOUSE July 21, 2021
PFAS testing, if you start looking for sponsibilities to EPA so that we have a rently structured would also mean that mu-
these toxic forever chemicals, you are strong outcome. I think the amend- nicipal drinking water and wastewater util-
going to find them. ment makes the bill even stronger. I ity ratepayers could face staggering finan-
cial liability to clean up PFAS that was le-
Madam Speaker, we have an urgent have seen situations in my given re- gally disposed of following the water treat-
crisis in front of us that requires swift gion of Upstate New York where com- ment process. We believe water and waste-
and decisive action. So it is great news munities have been impacted. water utilities, when acting in accordance
that the House is now considering pass- Madam Speaker, I encourage every- with all applicable laws, should be provided
ing PFAS Action Act of 2021 today. one to support the amendment and the an exemption to protect the utilities and
The bill will require EPA to take ur- bill at hand, and I yield back the bal- water customers from bearing the costs of
gent PFAS action by requiring site ance of my time. cleanup.
In the case of drinking water systems, if
cleanups, identifying health risks, and Mrs. RODGERS of Washington.
PFAS is removed from source water in order
developing a drinking water standard Madam Speaker, I yield myself such to comply with a drinking water regulatory
to keep our community safe. We can- time as I may consume. standard, the utility then becomes the pos-
not wait another day to start taking Madam Speaker, we all believe that sessor of filtration media that contain those
strong action to protect our residents we must have clean water. Unfortu- PFAS. The utility must then dispose of these
from forever chemicals. nately, this is not a thoughtful or sci- PFAS-laden filters, typically by sending
As a Member of Congress, I was entific approach. them to a hazardous waste landfill in accord-
H.R. 2467 is opposed by a broad di- ance with applicable law. However, should
shocked—I think many of my residents
that landfill ever become a Superfund site,
were shocked—that we weren’t pro- verse, collection of interests that are
then the water utility could be treated as a
tected from PFAS in the Clean Air Act. concerned about its aggressive, over- PFAS polluter—and be responsible for a por-
Today, we, at least, get closer to the-top, unforgiving, and simultaneous tion of the cleanup costs—forcing local rate-
changing that. Again, our residents de- mandates, obligations, and expenses. payers to cover the cleanup bill after they
serve to live without being poisoned. These include: The United States already paid to remove the contaminants
Mrs. RODGERS of Washington. Conference of Mayors; National League from their source water.
Madam Speaker, I continue to reserve of Cities; National Association of Coun- Wastewater utilities would face similar li-
ties; American Water Works Associa- ability through no fault of their own because
the balance of my time. they receive PFAS chemicals through the
Mr. TONKO. Madam Speaker, I yield tion; Association of Metropolitan raw influent that arrives at the treatment
2 minutes to the gentlewoman from Water Agencies; National Association plant. This heterogenous influent can come
New Mexico (Ms. LEGER FERNANDEZ), of Water Companies; National Associa- from domestic, industrial, and commercial
who has great concern for this issue. tion of Clean Water Agencies; National sources and may contain PFAS constituents
Ms. LEGER FERNANDEZ. Madam Rural Water Association; Association ranging from trace to higher concentrations,
Speaker, PFAS chemicals are life- of California Water Agencies; The depending on the nature of the dischargers
threatening. They are forever chemi- Water Environment Federation; Amer- to the sewer system. In any case, the influ-
ican Chemistry Council; American ent is not generated by the utility, but the
cals and need to be cleaned up. We will
utility is responsible for treating it under
act today to regulate these chemicals Coatings Association; American Forest scientific and regulatory authorities pro-
and protect public health. and Paper Association; American Fuel vided for under the CWA. Because waste-
Highland Dairy is a family-owned op- and Petrochemical Manufacturers; water utilities cannot halt treating con-
eration that has served the eastern American Petroleum Institute; Flexi- tinual industrial or domestic wastewater in-
part of my district for four genera- ble Packaging Association; National puts which likely contain PFAS in some con-
tions. In 2018, Highland learned that Association of Chemical Distributors; centration, they should be protected through
PFAS from the nearby Air Force base National Association for Surface Fin- a targeted CERCLA liability exemption.
It is particularly disappointing that H.R.
leaked into the shared aquifer that wa- ishing; National Council of Textile Or-
2467 would offer a CERCLA liability shield to
tered the grass which fed the cows. The ganizations; National Electrical Manu- airports that release PFAS into the environ-
PFAS contamination poisoned the facturers Association; National Asso- ment through their use of firefighting foam.
cows and the dairy could not sell the ciation of Surface Finishing; National It defies logic that the legislation fails to ex-
milk or the cows. Highland is on the Association of Printing Ink Manufac- tend that same liability protection to water
brink of disaster merely by being a turers; Plastics Industry Association; and wastewater systems that have no choice
neighbor to the Air Force base. We can- United States Chamber of Commerce. but to dispose of PFAS found in water sup-
not allow PFAS to work itself into our Madam Speaker, I include these let- plies, and whose ratepayers would be ulti-
ters in the RECORD. mately responsible for all of the costs associ-
food system. ated with a Superfund site cleanup. As pas-
Madam Speaker, my amendment re- JULY 21, 2021. sive receivers of PFAS, water and waste-
quires the EPA to consider the risk Re Opposition to H.R. 2467, the PFAS Action water utilities should be afforded the same
PFAS poses to water used for agricul- Act of 2021. liability protections that the legislation
tural purposes, like that at Highland. DEAR REPRESENTATIVE: On behalf of orga- would award airports in order to keep
Madam Speaker, the EPA’s work nizations representing the nation’s munic- CERCLA liability focused on the corpora-
must be inclusive of farmers, rural ipal governments and drinking water and tions that created the pollution in the first
wastewater systems, we write in opposition place. Our organizations have repeatedly
America, and the food we eat. I urge
to H.R. 2467, the PFAS Action Act of 2021. asked Congress for CERCLA liability shields
my colleagues to adopt the amendment While we support taking action to reduce the in the legislation similar to those for air-
and pass this bill. prevalence of PFAS in the environment, the ports but have been rebuffed.
Mrs. RODGERS of Washington. legislation would run counter to the impor- Additionally, many of our organizations
Madam Speaker, I reserve the balance tant ‘‘polluter pays’’ principle that guides oppose provisions in H.R. 2467 that would
of my time. Superfund site cleanups under the Com- amend SDWA by requiring EPA to promul-
Mr. TONKO. Madam Speaker, I prehensive Environmental Response, Com- gate a national primary drinking water regu-
stand, again, in strong support of the pensation, and Liability Act (CERCLA), and lation for PFOA and PFOS within two years,
en bloc amendment and, certainly, the would step back from the transparent, establishing a unique and expedited drinking
science-based process of regulating drinking water contaminant regulatory process for
measure to which we are amending. water contaminants under the Safe Drinking other chemicals in the PFAS family, and
Basically, we have here an oppor- Water Act (SDWA) and clean water oper- eliminating EPA’s discretion on whether to
tunity to address ills that we see ations under the Clean Water Act (CWA). We issue drinking water health advisories re-
across America, contaminants, forever urge you to vote against this legislation in lated to PFAS. In sum, these changes would
dangerous elements that cause all sorts its current form. undermine the development of transparent,
of diseases and destruction, and it is H.R. 2467 would require EPA to designate science-based drinking water standards, and
SSpencer on DSK126QN23PROD with HOUSE
important for us to move forward, I PFOA and PFOS as hazardous substances would place undue cost burdens on our com-
think, to take responsibility and make under CERCLA within one year, and to make munities and ratepayers while leading to
a determination on designating all remain- premature regulatory decisions that lack
certain that these forever chemicals ing PFAS within five years. These hazardous public review and scientific validity.
that don’t break down, that cause can- substance designations are intended to make While we share the goal of addressing
cer and other diseases, are addressed. sure polluters are held responsible for paying PFAS contamination and holding account-
We move forward with the oppor- for the cleanup of contaminated Superfund able those entities that are responsible re-
tunity here, assigning the great re- sites, which we support. But the bill as cur- leasing it into the environment, H.R. 2467
VerDate Sep 11 2014 04:40 Jul 22, 2021 Jkt 019060 PO 00000 Frm 00028 Fmt 7634 Sfmt 0634 E:\CR\FM\K21JY7.040 H21JYPT1
July 21, 2021 CONGRESSIONAL RECORD — HOUSE H3787
would instead assign environmental cleanup prehensive action to address the problem, all lead service lines. Finally, we are con-
liability to innocent water systems and their the federal government should avoid passing cerned that potential new EPA testing and
customers. We have no choice but to oppose costs onto local governments and ratepayers replacement rules will trigger lead pipe re-
the legislation and encourage you to vote for PFAS treatment and cleanup. placement without the necessary Congres-
against it in its current form. We agree with the sentiment outlined in sional funds. For these reasons, we agree
Sincerely, the comment letter from the American with the water associations’ recommenda-
American Council of Engineering Compa- Water Works Association, Association of tion—that the legislation should specify that
nies, Association of California Water Metropolitan Water Agencies, National Asso- ‘‘none of the funds made available’’ through
Agencies, California Association of ciation of Water Companies and the National this program may be spent in a manner in-
Sanitation Agencies, National Associa- Rural Water Association to the House En- consistent with conditions specified by Con-
tion of Counties, National League of ergy and Commerce Committee on June 15, gress.
Cities, National Water Resources Asso- which raises similar concerns.
Specifically, we offer the following com- Thank you for considering the local gov-
ciation, Water Environment Federa- ernment perspective as you move this legis-
tion, American Water Works Associa- ments on the AQUA Act and the PFAS Ac-
tion Act of 2021: lation forward. We look forward to working
tion, Association of Metropolitan with you to address our nation’s drinking
Water Agencies, National Association Local governments, water utilities and
their ratepayers should not be held finan- water needs. If you have any questions,
of Clean Water Agenices, National As- please don’t hesitate to contact our staff:
sociation of Water Companies, Na- cially liable under CERCLA for PFAS con-
tamination. CERCLA was established to Judy Sheahan (USCM) Carolyn Berndt (NLC)
tional Rural Water Association, The or Adam Pugh (NACo).
U.S. Conference of Mayors. make polluters and manufacturers of these
pollutants pay for the contamination they Sincerely,
JUNE 22, 2021. caused. At a minimum, the legislation TOM COCHRAN,
Hon. FRANK PALLONE, should extend a similar CERCLA liability CEO & Executive Di-
Chairman, Committee on Energy and Commerce, exemption to local governments that is of- rector, The U.S.
House of Representatives, Washington, DC. fered to airports. Conference of May-
Hon. CATHY MCMORRIS RODGERS, We are opposed to Congress modifying ors.
Ranking Member, Committee on Energy and EPA’s impartial contaminant regulatory CLARENCE E. ANTHONY,
Commerce, House of Representatives, Wash- process on an ad-hoc basis to establish a CEO & Executive Di-
ington, DC. unique and expedited regulatory process for rector, National
DEAR CHAIRMAN PALLONE AND RANKING specific chemicals. The legislation would re- League of Cities.
MEMBER MCMORRIS RODGERS, On behalf of quire EPA to rush to finalize drinking water MATTHEW D. CHASE,
the nation’s mayors, cities and counties, we regulations for PFOA, PFOS, and other CEO & Executive Di-
write to express our concerns with the As- chemicals in the PFAS family within two rector, National As-
sistance, Quality, and Affordability Act of years of the bill’s enactment. We believe sociation of Coun-
2021 (AQUA Act, H.R. 3291) and the PFAS Ac- that an expedited time frame would come at ties.
tion Act of 2021 (H.R. 2467). Our organizations the expense of public transparency and sci-
strongly support provisions in H.R. 3291 that entific rigor and would lead to inequitable
regulations that force the lowest-income JULY 2, 2021.
would reauthorize the Drinking Water State
Revolving Fund and authorize grants to sup- water ratepayers to shoulder a greater pro- DEAR MEMBERS OF THE HOUSE OF REP-
port lead pipe replacement and PFAS treat- portion of the new compliance costs that are RESENTATIVES: We, the undersigned organiza-
ment. However, the legislation also includes passed on by their water systems. tions, strongly oppose H.R. 2467, the ‘‘PFAS
provisions that would require the U.S. Envi- Repealing section 1412(b)(6) of the Safe Action Act.’’ Our organizations are com-
ronmental Protection Agency (EPA) to set Drinking Water Act, a key provision that al- mitted to ensuring the safety of our employ-
National Primary Drinking Water Regula- lows EPA the opportunity to ensure that the ees and the communities where we live and
tions for PFAS and other chemicals and reg- public health benefits of a drinking water operate. This legislation would delay and
ulate PFAS under the Comprehensive Envi- regulation are reasonably balanced with the complicate contamination remediation
ronmental Response, Compensation, and Li- compliance costs that water system rate- issues.
ability Act (CERCLA). These provisions payers will incur, will directly shift the bur- Product safety provides the foundation of
could have unintended consequences for den to pay for these upgrades to local gov- consumer trust, and our members devote sig-
local governments and place an undue cost ernments. Under current law, if EPA deter- nificant resources to achieve this effort.
burden on communities and our residents. mines that the benefits of a proposed max- Every member of the value chain has an im-
In general, our organizations support pro- imum contaminant level (MCL) do not jus- portant part to play to ensure the products
visions in the 1996 Amendments to the Safe tify the costs of compliance, section consumers use are safe and sustainable. We
Drinking Water Act (SDWA), which require 1412(b)(6) gives EPA the option, following no- remain committed to advancing effective,
that drinking water standards be based on tice and opportunity for public comment, to science-based solutions to PFAS challenges.
sound science, public health protection and promulgate an MCL ‘‘that maximizes health
occurrence of contaminants in drinking risk reduction benefits at a cost that is justi- This spring, we sent a letter to EPA Ad-
water supplies at levels of public health con- fied by the benefits.’’ ministrator Michael Regan regarding pos-
cern to reduce risk while balancing costs. The PFAS infrastructure grant program as sible designation of PFOA and PFOS as haz-
Congress should not circumvent this process proposed in H.R. 2467 includes the limitation ardous substances under the Comprehensive
in any way for select contaminants. of eligible treatment technologies to those Environmental Response, Compensation, and
Moreover, CERCLA ensures that hazardous that are certified to remove ‘‘all detectable Liability Act (CERCLA). As stated then,
substances that may endanger public health amounts’’ of PFAS from water supplies is ad- CERCLA is not an effective policy tool to
or the environment are cleaned up by hold- mirable. We are concerned about this re- fulfill the goal of accelerating cleanup in
ing responsible parties financially liable. quirement, however, since no technology is communities.
Local governments, including municipal air- available today that can reliably meet this Moreover, EPA has existing authority to
ports and fire departments, which were re- standard. meet the intent of this legislation and
quired by federal law to use firefighting As it pertains to the replacement of lead should be provided the time, resources, and
foam containing PFAS chemicals, and drink- service lines, there is language included in flexibility to make its determination regard-
ing water and wastewater utilities and mu- the grant authorization that would require ing how best to address PFAS concerns. This
nicipal landfills, which serve as receivers of ‘‘any recipient of funds . . . shall offer to re- approach should be made with guidance from
PFAS chemicals and did not cause or con- place any privately owned portion of the lead the new PFAS Council review process, con-
tribute to contamination, should not be held service line at no cost to the private owner.’’ sistent with sound science and accepted prin-
liable for PFAS contamination or cleanup This language is potentially problematic for ciples for protecting public health and the
costs. several reasons. First, as the water associa- environment.
The nation is just emerging from a deadly tions pointed out in their letter, the lan-
pandemic that has left local governments guage could be interpreted to require any Finally, a bill of H.R. 2467’s magnitude and
and many of our residents and small busi- water system that receives any amount of complexity, including the proposed sector-
nesses reeling financially. Our communities program funds to permanently pay for all fu- based wastewater effluent guidelines, de-
need financial assistance to address our ture private-side lead service line replace- serves the opportunity to be examined at
SSpencer on DSK126QN23PROD with HOUSE
drinking water infrastructure challenges, ment costs, even after this federal grant as- length in a committee setting. Many major
but we can not absorb costly unfunded man- sistance has been exhausted. Second, we are stakeholders, including EPA, the Depart-
dates that will become an additional burden also concerned that authorization does not ment of Defense, other federal agencies and
to local budgets and our residents. While we mean full appropriations at the levels nec- states have all taken significant actions to
acknowledge the public health risks associ- essary to replace all private residences’ lead address PFAS since the last time we had a
ated with PFAS chemicals and urge Congress service lines. Including this language could venue to discuss within a committee.
and the Administration to examine PFAS potentially hamper local government long- We oppose the PFAS Action Act and ask
contamination holistically and to take com- term efforts to develop a program to replace that the House of Representatives do so as
VerDate Sep 11 2014 03:26 Jul 22, 2021 Jkt 019060 PO 00000 Frm 00029 Fmt 7634 Sfmt 0634 E:\CR\FM\A21JY7.028 H21JYPT1
H3788 CONGRESSIONAL RECORD — HOUSE July 21, 2021
well. We stand ready to assist you through- ciation for Surface Finishing, National we don’t want this bill to prevent the
out the legislative process and engage on a Council of Textile Organizations, National formation of a domestic supply chain
better way to move forward on this issue. Electrical Manufacturers Association, Na- in the United States of America.
Sincerely. tional Oilseed Processors Association, Na-
American Chemistry Council, American tional Mining Association, Plastics Industry
I am also thinking about bipartisan
Coatings Association, American Council of Association, U.S. Chamber of Commerce. amendments offered by Dr. BUCSHON
Engineering Companies, American Forest & and Mr. SCHRADER to protect PFAS
Paper Association, American Fuel and Pe- b 1400 used in FDA-approved drugs and de-
trochemical Manufacturers, American Petro- The amendments en bloc is a collec- vices. Pediatric and adult heart pa-
leum Institute, Flexible Packaging Associa- tion of 10 individual amendments. In tients have PFAS to thank for stents
tion, National Association of Chemical Dis- and heart valves that keep them alive
tributors, National Association of Printing
fact, some parts of it are indicative of
the underlying bill. It is provisions you today.
Ink Manufacturers, National Association for
Surface Finishing, Plastics Industry Associa- don’t need a bill to accomplish because Mr. CARTER, too, had an amendment
tion, U.S. Chamber of Commerce. EPA is already doing them. to save chlorine production from ex-
-- Other parts of this amendment high- tinction in this country. There are
JUNE 15, 2021. light, for me, why the overall bill only three ways to make it: mercury,
Hon. PAUL TONKO, should be opposed, and many do oppose which is being phased out; asbestos,
Chairman, Subcommittee on Environment and it. Let me give you some examples. which EPA has considered banning;
Climate Change, House of Representatives,
The amendments en bloc contains a and PFAS. Coming out of a pandemic,
Washington, DC.
Hon. DAVID MCKINLEY, provision that would create a website killing chlorine should be the last
Ranking Member, Subcommittee on Environ- at EPA containing household well thing we are trying to do.
ment and Climate Change, House of Rep- water testing. Ironically, EPA already Mr. CRENSHAW also had an amend-
resentatives, Washington, DC. has that website. For those interested, ment to protect the use of PFAS in
DEAR CHAIRMAN TONKO AND RANKING MEM- it is www.epa.gov/privatewells. protective gear. Crime is surging in our
BER MCKINLEY: We, the undersigned organi- Among its existing resources are cities. Now more than ever, our police
zations, strongly oppose H.R. 2467, the items called for in these amendments: personnel and military should not be
‘‘PFAS Action Act.’’ Our organizations are
PFAS testing, health effects discus- put in danger because the chemicals
committed to ensuring the safety of our em-
ployees and the communities where we live sion, and third-party certification rec- necessary to keep them safe are a cas-
and operate. Product safety provides the ommendations. Any other issues could ualty of this bill.
foundation of consumer trust, and our mem- be solved by updating this website. These amendments were not made in
bers devote significant resources to achieve The amendments en bloc also doubles order. The Congressional Budget Office,
this effort. Every member of the value chain down on certain consumer product CBO, score of H.R. 2467 was indetermi-
has an important part to play to ensure the problems the underlying bill creates nate, stating its administration would
products consumers use are safe and sustain- and then kicks it up a notch. It adds cost the Federal Government $280 mil-
able. luggage, umbrellas, and food packaging
With these goals in mind, earlier this lion, but it is impossible to know how
spring we sent a letter to EPA Adminis- materials to section 10’s expansion of a it impacts Federal spending.
trator Michael Regan expressing our con- program never designed for articles and No matter how well-intended or well-
cerns regarding possible designation of would force significant changes and ad- meaning this bill may be, its impacts
PFOA and PFOS as hazardous substances ministrative effort. are broad, unknown, and depend on
under the Comprehensive Environmental Re- It also requires every manufacturer things Congress hasn’t yet established
sponse, Compensation, and Liability Act or importer of a PFAS chemical in the and must think through.
(CERCLA). As stated then, CERCLA is not last 10 years to send a sample of it to
an effective policy tool to fulfill the goal of The amendments en bloc does not im-
EPA and to each State. Notwith- prove this bill, and I oppose it and urge
accelerating cleanup in communities and
may delay cleanups already in process.
standing that this could make EPA others to do the same.
EPA has existing authority to meet the in- subject to hazardous waste storage re- Madam Speaker, I yield back the bal-
tent of this legislation and should be pro- quirements under section 9, EPA is al- ance of my time.
vided the time, resources, and flexibility to ready compelling comprehensive tox- The SPEAKER pro tempore. Pursu-
make its determination whether and how to icity testing from the same people for
address PFAS. This approach should be made
ant to House Resolution 535, the pre-
the same ultimate purpose under sec- vious question is ordered on the
under the new PFAS Council, consistent tion 3 of the bill.
with sound science, and to protect human amendments en bloc offered by the
The amendments en bloc authorizes gentleman from New York (Mr. TONKO).
health and the environment.
Finally, a bill of H.R. 2467’s magnitude and funding for things that appear to be The question is on the amendments
importance deserves a hearing before going covered already. It increases the fund- en bloc.
to markup. The subcommittee has not held a ing authorization in section 7 for
The question was taken; and the
hearing on PFAS for approximately two grants by 600 percent. That is a hike
years. Since that time, EPA, the Department
Speaker pro tempore announced that
before we even know how well the pro-
of Defense, other federal agencies, and the the ayes appeared to have it.
gram works or if the money is needed.
states have all taken significant actions to Mr. HICE of Georgia. Madam Speak-
It also provides reimbursement to
address PFAS challenges. The subcommittee er, on that I demand the yeas and nays.
communities that installed equipment
should hear from those government agencies, The SPEAKER pro tempore. Pursu-
the business community, and other key to remove PFAS from drinking water
when those upgrades were made with- ant to section 3(s) of House Resolution
stakeholders before members decide on the 8, the yeas and nays are ordered.
proper scope and substance of any legisla- out expectation of Federal money.
The amendments en bloc creates, The vote was taken by electronic de-
tion. Moreover, the committee has gained
many new members who deserve an oppor- similar to lead, a Federal grant pro- vice, and there were—yeas 226, nays
tunity to hear from such stakeholders before gram for PFAS testing at schools, 195, not voting 9, as follows:
making policy decisions. drinking water filters, and disposal ef- [Roll No. 215]
We oppose the PFAS Action Act and ask
forts. But there is nothing to suggest YEAS—226
the members of your subcommitte to do so
as well. We stand ready to assist you PFAS enters drinking water like lead, Adams Bowman Castor (FL)
and the used filters are not protected Aguilar Boyle, Brendan Castro (TX)
throughout the legislative process. Allred F. Chu
Sincerely, from Superfund liability if they are Auchincloss Brown Cicilline
Agricultural Retailers Association, Air- safely disposed. Axne Brownley Clark (MA)
lines for America, American Chemistry I wish we would take the time to Barragán Bush Clarke (NY)
SSpencer on DSK126QN23PROD with HOUSE
Council, American Coatings Association, make the real reforms that would im- Bass Bustos Cleaver
American Forest and Paper Association, Beatty Butterfield Clyburn
prove this bill—amendments like the Bera Carbajal Cohen
American Fuel and Petrochemical Manufac-
one offered by Mr. BILIRAKIS to protect Beyer Cárdenas Connolly
turers, American Petroleum Institute, Flexi-
ble Packaging Association, National Cattle- the bill from harming semiconductor Bishop (GA) Carson Cooper
production in the United States of Blumenauer Carter (LA) Correa
men’s Beef Association, National Associa- Blunt Rochester Cartwright Costa
tion of Chemical Distributors, National As- America. PFAS are essential to etch- Bonamici Case Courtney
sociation of Manufacturers, National Asso- ing and cleaning semiconductors, and Bourdeaux Casten Craig
VerDate Sep 11 2014 03:26 Jul 22, 2021 Jkt 019060 PO 00000 Frm 00030 Fmt 7634 Sfmt 0634 E:\CR\FM\A21JY7.022 H21JYPT1
July 21, 2021 CONGRESSIONAL RECORD — HOUSE H3789
Crist Kuster Raskin Kim (CA) Mullin Smucker ity Act of 1980 (42 U.S.C. 9601 et seq.) for the
Crow Lamb Rice (NY) Kinzinger Murphy (NC) Spartz costs of responding to, or damages resulting
Cuellar Langevin Ross Kustoff Nehls Stauber from, a release to the environment of a
Davids (KS) Larsen (WA) Roybal-Allard LaHood Norman Steel
Davis, Danny K. Larson (CT) LaMalfa Nunes
perfluoroalkyl or polyfluoroalkyl substance
Ruiz Stefanik
Dean Lawrence Ruppersberger Lamborn Obernolte designated as a hazardous substance under
Steil
DeFazio Lawson (FL) Rush Latta Owens Steube
section 102(a) of such Act that is related to
DeGette Lee (CA) Ryan LaTurner Palazzo Stewart the manufacture of individual protective
DeLauro Lee (NV) Sánchez Lesko Palmer equipment, including body armor, that is de-
Taylor
DelBene Leger Fernandez Sarbanes Letlow Pence signed to protect members of the United
Tenney
Delgado Levin (CA) Scanlon Long Perry States military, law enforcement personnel,
Loudermilk Pfluger Thompson (PA)
Demings Levin (MI) Schakowsky
DeSaulnier Lieu Luetkemeyer Reed Tiffany or first responders (including Federal, State,
Schiff Timmons local, territorial, and Tribal law enforce-
Deutch Lofgren Schneider Mace Reschenthaler
Dingell Lowenthal Malliotakis Rice (SC) Turner ment personnel and first responders) from—
Schrader Valadao
Doggett Luria Schrier Mann Rodgers (WA) (1) threats posed by ballistic, edged, chem-
Escobar Lynch Massie Rogers (AL) Van Duyne ical, biological, or other weaponry; or
Scott (VA)
Eshoo Malinowski Mast Rogers (KY) Wagner (2) hazards posed by extreme weather.
Scott, David
Espaillat Maloney, McCarthy Rose Walberg
Sewell Page 9, line 14, strike ‘‘For a period’’ and
Evans Carolyn B. McCaul Rosendale Walorski
Sherman insert ‘‘Except as provided in paragraph (3),
Fitzpatrick Maloney, Sean McClain Rouzer Waltz
Sherrill for a period’’.
Fletcher Manning McClintock Roy Weber (TX)
Sires Page 10, after line 2, insert the following:
Foster Matsui McHenry Rutherford Webster (FL)
Slotkin
Frankel, Lois McBath
Smith (NJ)
Meuser Salazar Wenstrup ‘‘(3) PROTECTIVE GEAR.—This subsection
Gallego McCollum Miller (IL) Scalise Westerman shall not apply with respect to a notice de-
Smith (WA)
Garamendi McEachin Miller (WV) Schweikert Williams (TX) scribed in paragraph (1) that is related to the
Soto
Garcı́a (IL) McGovern Miller-Meeks Scott, Austin
Spanberger Wilson (SC) manufacture of individual protective equip-
Garcia (TX) McKinley Moolenaar Sessions
Speier Wittman ment, including body armor, that is designed
Golden McNerney Mooney Simpson
Stansbury Womack to protect members of the United States
Gomez Meeks Moore (AL) Smith (MO)
Stanton Moore (UT) Smith (NE) Zeldin military, law enforcement personnel, or first
Gonzalez, Meijer
Vicente Meng Stevens responders (including Federal, State, local,
Gottheimer Mfume Strickland NOT VOTING—9 territorial, and Tribal law enforcement per-
Green, Al (TX) Moore (WI) Suozzi
Armstrong Doyle, Michael Lucas sonnel and first responders) from threats
Grijalva Morelle Swalwell
Carter (GA) F. Newhouse posed by ballistic, edged, chemical, biologi-
Harder (CA) Moulton Takano
Cheney Guest Young
Hayes Mrvan Thompson (CA) cal, or other weaponry, or hazards posed by
Higgins (LA)
Higgins (NY) Murphy (FL) Thompson (MS) extreme weather.’’.
Himes Nadler Titus b 1434 Section 8(b) is amended by adding at the
Horsford Napolitano Tlaib end the following: ‘‘In revising such list, the
Houlahan Neal Tonko So the en bloc amendments were Administrator shall exclude from any cat-
Hoyer Neguse Torres (CA) agreed to.
Torres (NY)
egory or subcategory so listed a source
Huffman Newman The result of the vote was announced
Trahan whose emissions of such a substance are re-
Jackson Lee Norcross
Jacobs (CA) O’Halleran Trone as above recorded. lated to the manufacture of individual pro-
Jayapal Ocasio-Cortez Underwood A motion to reconsider was laid on tective equipment, including body armor,
Jeffries Omar Upton the table. that is designed to protect members of the
Johnson (GA) Pallone Van Drew United States military, law enforcement per-
Vargas MEMBERS RECORDED PURSUANT TO HOUSE
Johnson (TX) Panetta sonnel, or first responders (including Fed-
Jones Pappas Veasey RESOLUTION 8, 117TH CONGRESS
eral, State, local, territorial, and Tribal law
Kahele Pascrell Vela Amodei Johnson (TX) Rogers (KY)
Velázquez enforcement personnel and first responders)
Kaptur Payne (Balderson) (Jeffries) (Fleischmann)
Katko Perlmutter Wasserman Buchanan Jones (Williams
from threats posed by ballistic, edged, chem-
Ruiz (Correa)
Keating Peters Schultz (LaHood) (GA)) ical, biological, or other weaponry, or haz-
Rush
Kelly (IL) Phillips Waters DeSaulnier Kirkpatrick (Underwood) ards posed by extreme weather.’’.
Khanna Pingree Watson Coleman (Matsui) (Stanton) Page 25, after line 13, insert the following:
Salazar
Kildee Pocan Welch Fulcher Lawson (FL) ‘‘(3) EXEMPTION.—Paragraph (1)(C) shall
(Cammack)
Kilmer Porter Wexton (Simpson) (Evans) not apply with respect to individual protec-
Stewart (Curtis)
Kim (NJ) Posey Wild Garcı́a (IL) McEachin
Williams (GA)
Titus (Connolly) tive equipment, including body armor, that—
Kind Pressley (Garcia (TX)) (Wexton)
Kirkpatrick Price (NC) Wilson (FL) Granger Meng (Jeffries)
Van Drew ‘‘(A) contains perfluoroalkyl and
Krishnamoorthi Quigley Yarmuth (Calvert) (Reschenthaler) polyfluoroalkyl substances; and
Napolitano
Grijalva (Correa) Wilson (FL) ‘‘(B) is designed to protect members of the
NAYS—195 (Stanton) Payne (Pallone) (Hayes) United States military, law enforcement per-
sonnel, or first responders (including Fed-
Aderholt Cole Gooden (TX) The SPEAKER pro tempore. The pre- eral, State, local, territorial, and Tribal law
Allen Comer Gosar vious question is ordered on the bill, as
Amodei Crawford Granger enforcement personnel and first responders)
Arrington Crenshaw Graves (LA) amended. from—
Babin Curtis Graves (MO) The question is on the engrossment ‘‘(i) threats posed by ballistic, edged,
Bacon Davidson Green (TN) and third reading of the bill. chemical, biological, or other weaponry; or
Baird Davis, Rodney Greene (GA) ‘‘(ii) hazards posed by extreme weather.’’.
Balderson DesJarlais Griffith
The bill was ordered to be engrossed
Banks Diaz-Balart Grothman and read a third time, and was read the The SPEAKER pro tempore. Pursu-
Barr Donalds Guthrie third time. ant to clause 2(b) of rule XIX, the pre-
Bentz Duncan Hagedorn
Bergman Dunn Harris
MOTION TO RECOMMIT vious question is ordered on the motion
Bice (OK) Emmer Harshbarger Mr. CRENSHAW. Madam Speaker, I to recommit.
Biggs Estes Hartzler have a motion to recommit at the The question is on the motion to re-
Bilirakis Fallon Hern
Bishop (NC) Feenstra Herrell
desk. commit.
Boebert Ferguson Herrera Beutler The SPEAKER pro tempore. The The question was taken; and the
Bost Fischbach Hice (GA) Clerk will report the motion to recom- Speaker pro tempore announced that
Brady Fitzgerald Hill mit. the noes appeared to have it.
Brooks Fleischmann Hinson
Buchanan Fortenberry Hollingsworth The Clerk read as follows: Mr. CRENSHAW. Madam Speaker, on
Buck Foxx Hudson Mr. Crenshaw moves to recommit the bill, that I demand the yeas and nays.
Bucshon Franklin, C. Huizenga H.R. 2467, to the Committee on Energy and The SPEAKER pro tempore. Pursu-
Budd Scott Issa Commerce.
Burchett Fulcher Jackson
ant to section 3(s) of House Resolution
Burgess Gaetz Jacobs (NY) The material previously referred to 8, the yeas and nays are ordered.
SSpencer on DSK126QN23PROD with HOUSE
Calvert Gallagher Johnson (LA) by Mr. CRENSHAW is as follows: The vote was taken by electronic de-
Cammack Garbarino Johnson (OH) In section 2— vice, and there were—yeas 204, nays
Carl Garcia (CA) Johnson (SD) (1) redesignate subsections (d) and (e) as
Carter (TX) Gibbs Jordan 218, not voting 8, as follows:
subsections (e) and (f), respectively; and
Cawthorn Gimenez Joyce (OH) [Roll No. 216]
Chabot Gohmert Joyce (PA)
(2) insert after subsection (c) the following:
Cline Gonzales, Tony Keller (d) PROTECTIVE GEAR.—No person shall be YEAS—204
Cloud Gonzalez (OH) Kelly (MS) liable under the Comprehensive Environ- Aderholt Amodei Babin
Clyde Good (VA) Kelly (PA) mental Response, Compensation, and Liabil- Allen Arrington Bacon
VerDate Sep 11 2014 03:26 Jul 22, 2021 Jkt 019060 PO 00000 Frm 00031 Fmt 7634 Sfmt 0634 E:\CR\FM\A21JY7.018 H21JYPT1
H3790 CORRECTION CONGRESSIONAL RECORD — HOUSE July 21, 2021
Baird Granger Murphy (NC) Jeffries Meng Schrader [Roll No. 217]
Balderson Graves (MO) Nehls Johnson (GA) Mfume Schrier
Banks Green (TN) Johnson (TX) Moore (WI) Scott (VA)
YEAS—241
Newhouse
Barr Griffith Norman Jones Morelle Scott, David Adams Green, Al (TX) Pallone
Bentz Guest Nunes Kahele Moulton Sewell Aguilar Grijalva Panetta
Bergman Guthrie Obernolte Kaptur Mrvan Sherman Allred Harder (CA) Pappas
Bice (OK) Hagedorn Owens Keating Murphy (FL) Sherrill Auchincloss Hayes Pascrell
Biggs Harris Palazzo Kelly (IL) Nadler Sires Axne Herrera Beutler Payne
Bilirakis Harshbarger Palmer Khanna Napolitano Slotkin Barragán Higgins (NY) Perlmutter
Bishop (NC) Hartzler Pence Kildee Neal Smith (WA) Bass Himes Peters
Boebert Hern Kilmer Neguse Soto Beatty Horsford Phillips
Perry
Bost Herrell Kim (NJ) Newman Spanberger Bera Houlahan Pingree
Pfluger
Brady Herrera Beutler Kind Norcross Speier Beyer Hoyer Pocan
Posey
Brooks Hice (GA) Kirkpatrick O’Halleran Stansbury Bishop (GA) Hudson Porter
Reed
Buchanan Hill Krishnamoorthi Ocasio-Cortez Stanton Blumenauer Huffman Posey
Reschenthaler Kuster Omar Stevens Blunt Rochester Huizenga
Buck Hinson Pressley
Bucshon Hollingsworth Rice (SC) Lamb Pallone Strickland Bonamici Jackson Lee Price (NC)
Budd Hudson Rodgers (WA) Langevin Panetta Suozzi Bourdeaux Jacobs (CA) Quigley
Burchett Huizenga Rogers (AL) Larsen (WA) Pappas Swalwell Bowman Jacobs (NY) Raskin
Burgess Issa Rogers (KY) Larson (CT) Pascrell Takano Boyle, Brendan Jayapal Rice (NY)
Calvert Jackson Rose Lawrence Payne Thompson (CA) F. Jeffries Ross
Cammack Jacobs (NY) Rosendale Lawson (FL) Perlmutter Thompson (MS) Brown Johnson (GA) Rouzer
Carl Johnson (LA) Rouzer Lee (CA) Peters Titus Brownley Johnson (TX) Roybal-Allard
Carter (TX) Johnson (OH) Roy Lee (NV) Phillips Tlaib Bush Jones Ruiz
Cawthorn Johnson (SD) Rutherford Leger Fernandez Pingree Tonko Bustos Kahele Ruppersberger
Chabot Jordan Salazar Levin (CA) Pocan Torres (CA) Butterfield Kaptur Rush
Cline Joyce (OH) Scalise Levin (MI) Porter Torres (NY) Carbajal Katko Ryan
Cloud Joyce (PA) Schweikert Lieu Pressley Trahan Cárdenas Keating Sánchez
Clyde Katko Scott, Austin Lofgren Price (NC) Trone Carson Kelly (IL) Sarbanes
Cole Keller Sessions Lowenthal Quigley Underwood Carter (LA) Khanna Scanlon
Comer Kelly (MS) Simpson Luria Raskin Vargas Cartwright Kildee Schakowsky
Crawford Kelly (PA) Smith (MO) Lynch Rice (NY) Veasey Case Kilmer Schiff
Crenshaw Kim (CA) Smith (NE) Malinowski Ross Vela Casten Kim (NJ) Schneider
Curtis Kinzinger Smith (NJ) Maloney, Roybal-Allard Velázquez Castor (FL) Kind
Schrader
Davidson Kustoff Smucker Carolyn B. Ruiz Wasserman Castro (TX) Kirkpatrick
Schrier
Davis, Rodney LaHood Spartz Maloney, Sean Ruppersberger Schultz Chu Krishnamoorthi
Scott (VA)
DesJarlais LaMalfa Stauber Manning Rush Waters Cicilline Kuster
Scott, David
Diaz-Balart Lamborn Steel Matsui Ryan Watson Coleman Clark (MA) Lamb
Sewell
Donalds Latta Stefanik McBath Sánchez Welch Clarke (NY) Langevin
Sherman
Duncan LaTurner Steil McCollum Sarbanes Wexton Cleaver Larsen (WA)
Sherrill
Dunn Lesko Steube McEachin Scanlon Wild Clyburn Larson (CT)
Sires
Emmer Letlow Stewart McGovern Schakowsky Williams (GA) Cohen Lawrence
Slotkin
Estes Long Taylor McNerney Schiff Wilson (FL) Connolly Lawson (FL)
Smith (NJ)
Fallon Loudermilk Meeks Schneider Yarmuth Cooper Lee (CA)
Tenney Smith (WA)
Feenstra Lucas Correa Lee (NV)
Thompson (PA) NOT VOTING—8 Soto
Ferguson Luetkemeyer Costa Leger Fernandez
Tiffany Spanberger
Fischbach Mace Armstrong Doyle, Michael Greene (GA) Courtney Levin (CA)
Timmons Speier
Fitzgerald Malliotakis Carter (GA) F. Grothman Craig Levin (MI)
Turner Stansbury
Fitzpatrick Mann Cheney Graves (LA) Higgins (LA) Crist Lieu
Upton Crow Lofgren Stanton
Fleischmann Massie
Valadao Stevens
Fortenberry Mast
Van Drew b 1458 Cuellar Lowenthal
Strickland
Foxx McCarthy Davids (KS) Luria
Franklin, C. McCaul Van Duyne Ms. JAYAPAL, Messrs. Davis, Danny K. Lynch Suozzi
Scott McClain Wagner Dean Mace Swalwell
Walberg
O’HALLERAN, and KILDEE changed Takano
Fulcher McClintock DeFazio Malinowski
Gaetz McHenry Walorski their vote from ‘‘yea’’ to ‘‘nay.’’ DeGette Maloney, Tenney
Gallagher McKinley Waltz So the motion to recommit was re- DeLauro Carolyn B. Thompson (CA)
Garbarino Meijer Weber (TX) jected. DelBene Maloney, Sean Thompson (MS)
Garcia (CA) Meuser Webster (FL) Delgado Manning Titus
Wenstrup
The result of the vote was announced Tlaib
Gibbs Miller (IL) Demings Mast
Gimenez Miller (WV) Westerman as above recorded. DeSaulnier Matsui Tonko
Gohmert Miller-Meeks Williams (TX) Mr. GROTHMAN. Madam Speaker, I was Deutch McBath Torres (CA)
Gonzales, Tony Moolenaar Wilson (SC) Dingell McCollum Torres (NY)
delayed in a meeting. Had I been present, I Trahan
Gonzalez (OH) Mooney Wittman Doggett McEachin
Good (VA) Moore (AL) Womack
would have voted ‘‘yea’’ on rollcall No. 216. Escobar McGovern Trone
Gooden (TX) Moore (UT) Young MEMBERS RECORDED PURSUANT TO HOUSE Eshoo McKinley Turner
Gosar Mullin Zeldin RESOLUTION 8, 117TH CONGRESS Espaillat McNerney Underwood
Evans Meeks Upton
Amodei Johnson (TX) Rogers (KY) Van Drew
NAYS—218 Fitzpatrick Meijer
(Balderson) (Jeffries) (Fleischmann) Vargas
Fletcher Meng
Adams Castor (FL) Doggett Buchanan Jones (Williams Ruiz (Correa) Veasey
Fortenberry Mfume
Aguilar Castro (TX) Escobar (LaHood) (GA)) Rush Vela
Foster Moore (WI)
Allred Chu Eshoo DeSaulnier Kirkpatrick (Underwood) Velázquez
Frankel, Lois Morelle
Auchincloss Cicilline Espaillat (Matsui) (Stanton) Salazar Wasserman
Gaetz Moulton
Axne Clark (MA) Evans Fulcher Lawson (FL) (Cammack) Schultz
Gallagher Mrvan
Barragán Clarke (NY) Fletcher (Simpson) (Evans) Stewart (Curtis)
Gallego Murphy (FL) Waters
Bass Cleaver Foster Titus (Connolly)
Garcı́a (IL) McEachin Garamendi Nadler Watson Coleman
Beatty Clyburn Frankel, Lois Van Drew
(Garcia (TX)) (Wexton) Garbarino Napolitano Welch
Bera Cohen Gallego (Reschenthaler)
Granger Meng (Jeffries) Garcı́a (IL) Neal Wexton
Beyer Connolly Garamendi Wilson (FL)
(Calvert) Napolitano Garcia (TX) Neguse Wild
Bishop (GA) Cooper Garcı́a (IL) (Hayes)
Grijalva (Correa) Golden Newman Williams (GA)
Blumenauer Correa Garcia (TX) Young
(Stanton) Payne (Pallone) Gomez Norcross Wilson (FL)
Blunt Rochester Costa Golden (Malliotakis)
Gonzalez, O’Halleran Yarmuth
Bonamici Courtney Gomez Vicente Ocasio-Cortez Young
Bourdeaux Craig Gonzalez,
The SPEAKER pro tempore. The
Gottheimer Omar Zeldin
Bowman Crist Vicente question is on the passage of the bill.
Boyle, Brendan Crow Gottheimer The question was taken; and the NAYS—183
sradovich on DSKJLST7X2PROD with CONG-REC-ONLINE
F. Cuellar Green, Al (TX) Speaker pro tempore announced that Aderholt Bice (OK) Burgess
Brown Davids (KS) Grijalva Allen Biggs
the ayes appeared to have it. Calvert
Brownley Davis, Danny K. Harder (CA) Amodei Bilirakis Cammack
Bush Dean Hayes Mr. LONG. Madam Speaker, on that I Arrington Bishop (NC) Carl
Bustos DeFazio Higgins (NY) demand the yeas and nays. Babin Boebert Carter (TX)
Butterfield DeGette Himes
Carbajal DeLauro Horsford
The SPEAKER pro tempore. Pursu- Bacon Bost Cawthorn
ant to section 3(s) of House Resolution Baird Brooks Chabot
Cárdenas DelBene Houlahan Balderson Buchanan Cheney
Carson Delgado Hoyer 8, the yeas and nays are ordered. Banks Buck Cline
Carter (LA) Demings Huffman The vote was taken by electronic de- Barr Bucshon Cloud
Cartwright DeSaulnier Jackson Lee Bentz Budd
vice, and there were—yeas 241, nays Clyde
Case Deutch Jacobs (CA) Bergman Burchett Cole
Casten Dingell Jayapal 183, not voting 6, as follows:
VerDate Sep 11 2014 17:54 Jul 22, 2021 Jkt 019060 PO 00000 Frm 00032 Fmt 7634 Sfmt 0634 E:\RECORD21\JULY\H21JY1.REC H21JY1
July 21, 2021 CONGRESSIONAL RECORD — HOUSE H3791
Comer Issa Palmer thorized to correct section numbers, This legislation reflects many of our
Crawford Jackson Pence
Crenshaw Johnson (LA) Perry
punctuation, spelling, and cross-ref- shared priorities and shared work. And
Curtis Johnson (OH) Pfluger erences, and to make such other tech- in many ways, it is similar to the bi-
Davidson Johnson (SD) Reed nical and conforming changes as may partisan legislation I introduced ear-
Davis, Rodney Jordan Reschenthaler be necessary to reflect the actions of lier this year.
DesJarlais Joyce (OH) Rice (SC)
Diaz-Balart Joyce (PA) the House, including striking lines 13 I thank all of the members of the Ag-
Rodgers (WA)
Donalds Keller Rogers (AL) through 23 on page 20. riculture Committee for their work and
Duncan Kelly (MS) Rogers (KY) The SPEAKER pro tempore (Ms. enthusiasm to meet the needs of rural
Dunn Kelly (PA)
Emmer Kim (CA)
Rose LEGER FERNANDEZ). Is there objection Americans. I know this issue is so per-
Rosendale to the request of the gentleman from sonal for each of us and the constitu-
Estes Kinzinger
Roy
Fallon Kustoff
Rutherford
New York? ents we represent.
Feenstra LaHood
Salazar There was no objection. The House Agriculture Committee is
Ferguson LaMalfa
Fischbach Lamborn Scalise f often considered the most bipartisan
Fitzgerald Latta Schweikert committee in the House. This markup
Fleischmann LaTurner Scott, Austin RECOGNIZING THE CONTRIBU- bill is proof that we can still reach an
Foxx Lesko Sessions TIONS OF PAM HOWELL-BEACH agreement under extraordinary times,
Franklin, C. Letlow Simpson TO GREATER TOLEDO
Scott Long Smith (MO) and I hope we can keep this bipartisan
Fulcher Loudermilk Smith (NE) (Ms. KAPTUR asked and was given spirit as infrastructure talks continue.
Garcia (CA) Lucas Smucker permission to address the House for 1 f
Gibbs Luetkemeyer Spartz
minute and to revise and extend her re-
Gimenez Malliotakis Stauber
marks.) 200 DAYS OF DEMOCRATS
Gohmert Mann Steel
Gonzales, Tony Massie Ms. KAPTUR. Madam Speaker, I rise WORKING TO BUILD BACK BETTER
Stefanik
Gonzalez (OH) McCarthy Steil today to recognize and pay tribute to (Ms. JACOBS of California asked and
Gooden (TX) McCaul Steube was given permission to address the
Gosar McClain
the contributions of Pam Howell-Beach
Stewart House for 1 minute.)
Granger McClintock Taylor
to the greater Toledo community.
Graves (LA) McHenry Thompson (PA) During her tenure with the Toledo Ms. JACOBS of California. Madam
Graves (MO) Meuser Tiffany Community Foundation, Pam guided Speaker, today marks 200 days of this
Green (TN) Miller (IL) Timmons Congress; 200 days of House Democrats
Greene (GA) Miller (WV) the organization to a strong financial
Griffith Miller-Meeks
Valadao
future, increasing its assets by over $80 working to build back better.
Van Duyne Madam Speaker, our constituents
Grothman Moolenaar million.
Wagner
Guest Mooney
Walberg Later, as executive director of the want us to meet this moment.
Guthrie Moore (AL) That is why we have passed historic
Hagedorn Moore (UT) Walorski Stranahan Foundation, Pam oversaw
Harris Mullin Waltz
grant distributions of more than $71 legislation to strengthen our democ-
Harshbarger Murphy (NC) Weber (TX)
million to organizations working in racy, ensure equal pay, guarantee the
Hartzler Nehls Webster (FL) rights of LGBTQ-plus Americans, ad-
Hern Newhouse Wenstrup education, health, and the arts.
Westerman Pam’s leadership in the nonprofit vance racial justice, prioritize gun
Herrell Norman
Hice (GA) Nunes Williams (TX) world was as wide as it was appreciated safety and more.
Hill Obernolte Wilson (SC) We started this Congress by passing
and as big as her heart. From working
Hinson Owens Wittman the American Rescue Plan, a historic
Hollingsworth Palazzo Womack with the Zonta Club of Toledo, Philan-
investment in workers and families
thropy Ohio, Ability Center of Greater
NOT VOTING—6 that included the expanded and im-
Toledo, and Mercy Health Partners, to
Armstrong Doyle, Michael Higgins (LA) proved child tax credit, one of the most
Brady F. the Early Childhood Funders Collabo-
important antipoverty measures of this
Carter (GA) Good (VA) rative, and Susan G. Komen Founda-
generation.
tion, her impassioned service touched
b 1519 Last week, I met with parents in
the lives of thousands upon thousands Chula Vista who had tears in their eyes
So the bill was passed. of Toledoans.
The result of the vote was announced talking about what a difference the
As Pam confronts a challenging new child tax credit would make for
as above recorded. health situation, I want to convey, on
A motion to reconsider was laid on their families.
behalf of all Toledoans, how grateful They talked about not only being
the table. we are for her work, her life, her dedi-
PERSONAL EXPLANATION
able to pay for rent and childcare and
cation and her love for community. We school supplies, but also for the first
Mr. ARMSTRONG. Madam Speaker, I was are all the better as a result of her life- time being able to start saving for
unavoidably detained. Had I been present, I long commitment to others. their kids to go to college.
would have voted ‘‘nay’’ on rollcall No. 217, Madam Speaker, I thank Pam, and Madam Speaker, that is worth cele-
‘‘yea’’ on rollcall No. 216, and ‘‘nay’’ on rollcall may God bless her today and always. brating, and it is worth protecting.
No. 215. f Let’s build on the progress we have
MEMBERS RECORDED PURSUANT TO HOUSE made, make permanent the expanded
RESOLUTION 8, 117TH CONGRESS CONGRESS MUST KEEP THE
BIPARTISAN SPIRIT child tax credit, and make sure Amer-
Amodei Johnson (TX) Rogers (KY) ican families truly can build back bet-
(Balderson) (Jeffries) (Fleischmann) (Mr. THOMPSON of Pennsylvania
Buchanan Jones (Williams Ruiz (Correa)
ter.
asked and was given permission to ad-
(LaHood) (GA)) Rush f
DeSaulnier Kirkpatrick (Underwood)
dress the House for 1 minute and to re-
(Matsui) (Stanton) Salazar vise and extend his remarks.) REQUEST TO CONSIDER H.R. 18, NO
Fulcher Lawson (FL) (Cammack) Mr. THOMPSON of Pennsylvania. TAXPAYER FUNDING FOR ABOR-
(Simpson) (Evans)
Garcı́a (IL) McEachin
Stewart (Curtis) Madam Speaker, throughout this Con- TION ACT
Titus (Connolly)
(Garcia (TX)) (Wexton) gress, the House Agriculture Com- (Mr. ROSE asked and was given per-
Van Drew
Granger Meng (Jeffries) mittee has had countless discussions mission to address the House for 1
(Calvert) (Reschenthaler)
Napolitano
Grijalva (Correa) Wilson (FL) on ways that we can empower our farm minute and to revise and extend his re-
(Stanton) Payne (Pallone) (Hayes) families and build a robust rural econ- marks.)
f omy. Mr. ROSE. Madam Speaker, the right
Earlier this month, we made good on to life is one of the founding principles
SSpencer on DSK126QN23PROD with HOUSE
AUTHORIZING THE CLERK TO our word. I am proud to be able to work of our Nation. Every human being,
MAKE CORRECTIONS IN EN- with all members of our committee and born or unborn, is entitled to life, lib-
GROSSMENT OF H.R. 2467, PFAS support the Broadband Internet Con- erty and the pursuit of happiness.
ACTION ACT OF 2021 nections for Rural America Act, which Yet today, we see this right under at-
Mr. TONKO. Madam Speaker, I ask provides significant investments into tack as the Biden administration con-
unanimous consent that, in the en- the deployment and development of tinues their war on the unborn by seek-
grossment of H.R. 2467, the Clerk be au- broadband to rural America. ing to remove the Hyde amendment, a
VerDate Sep 11 2014 03:26 Jul 22, 2021 Jkt 019060 PO 00000 Frm 00033 Fmt 7634 Sfmt 0634 E:\CR\FM\A21JY7.026 H21JYPT1
File and source
- File
- CREC_crec-2021-07-21_crec-2021-07-21-pt1-pgh3770.pdf
- Size
- 558,553 bytes
- SHA-256
- d437b0f38566d3b099adcee59b86c7543695447e67045be5e595e25c3e6a72e8
- Original
- www.govinfo.gov