Providing for Consideration of H.R. 2467, H.R. 2668, and H.R. 3985 — House Report 117-95, Part 1
Summary
This is House Report 117-95, Part 1, of the 117th Congress, 1st Session, from the Committee on Rules, referred to the House Calendar and ordered to be printed July 19, 2021. Ms. Ross reports on House Resolution 535, by a record vote of 9 to 4, which provides for consideration of H.R. 2467, H.R. 2668, and H.R. 3985. The report states that the resolution provides for consideration of H.R. 2467, the PFAS Action Act of 2021, under a structured rule with one hour of general debate, and waives all points of order against consideration of the bill. The title also covers bills on the Federal Trade Commission Act and the Afghan Allies Protection Act of 2009.
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“Providing for Consideration of H.R. 2467, H.R. 2668, and H.R. 3985 — House Report 117-95, Part 1.”
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117TH CONGRESS REPORT
" HOUSE OF REPRESENTATIVES !
1st Session 117–95
PROVIDING FOR CONSIDERATION OF THE BILL (H.R. 2467) TO REQUIRE
THE ADMINISTRATOR OF THE ENVIRONMENTAL PROTECTION AGENCY
TO DESIGNATE PER- AND POLYFLUOROALKYL SUBSTANCES AS HAZ-
ARDOUS SUBSTANCES UNDER THE COMPREHENSIVE ENVIRONMENTAL
RESPONSE, COMPENSATION, AND LIABILITY ACT OF 1980; PROVIDING
FOR CONSIDERATION OF THE BILL (H.R. 2668) TO AMEND THE FEDERAL
TRADE COMMISSION ACT TO AFFIRMATIVELY CONFIRM THE AUTHOR-
ITY OF THE FEDERAL TRADE COMMISSION TO SEEK PERMANENT IN-
JUNCTIONS AND OTHER EQUITABLE RELIEF FOR VIOLATIONS OF ANY
PROVISION OF LAW ENFORCED BY THE COMMISSION; AND PROVIDING
FOR CONSIDERATION OF THE BILL (H.R. 3985) TO AMEND THE AFGHAN
ALLIES PROTECTION ACT OF 2009 TO EXPEDITE THE SPECIAL IMMI-
GRANT VISA PROCESS FOR CERTAIN AFGHAN ALLIES, AND FOR OTHER
PURPOSES
JULY 19, 2021.—Referred to the House Calendar and ordered to be printed
Ms. ROSS, from the Committee on Rules,
submitted the following
R E P O R T
[To accompany H. Res. 535]
The Committee on Rules, having had under consideration House
Resolution 535, by a record vote of 9 to 4, report the same to the
House with the recommendation that the resolution be adopted.
SUMMARY OF PROVISIONS OF THE RESOLUTION
The resolution provides for consideration of H.R. 2467, the PFAS
Action Act of 2021, under a structured rule. The resolution pro-
vides one hour of general debate on the bill equally divided and
controlled by the chair and ranking minority member of the Com-
mittee on Energy and Commerce or their designees. The resolution
waives all points of order against consideration of the bill. The res-
olution provides that an amendment in the nature of a substitute
consisting of the text of Rules Committee Print 117–10, modified
by the amendment printed in part A of this report, shall be consid-
ered as adopted and the bill, as amended, shall be considered as
read. The resolution waives all points of order against provisions
in the bill, as amended. The resolution provides that following de-
bate, each further amendment printed in part B of this report not
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earlier considered as part of amendments en bloc pursuant to sec-
tion 3 shall be considered only in the order printed in the report,
★ 19–010
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may be offered only by a Member designated in the report, shall
be considered as read, shall be debatable for the time specified in
the report equally divided and controlled by the proponent and an
opponent, may be withdrawn by the proponent at any time before
the question is put thereon, shall not be subject to amendment, and
shall not be subject to a demand for division of the question. The
resolution provides that at any time after debate the chair of the
Committee on Energy and Commerce or his designee may offer
amendments en bloc consisting of further amendments printed in
part B of this report not earlier disposed of. Amendments en bloc
shall be considered as read, shall be debatable for 20 minutes
equally divided and controlled by the chair and ranking minority
member of the Committee on Energy and Commerce or their des-
ignees, shall not be subject to amendment, and shall not be subject
to a demand for division of the question. The resolution waives all
points of order against the amendments printed in part B of this
report or amendments en bloc described in section 3 of the resolu-
tion. The resolution provides one motion to recommit. The resolu-
tion provides for consideration of H.R. 2668, the Consumer Protec-
tion and Recovery Act, under a closed rule. The resolution provides
one hour of general debate on the bill equally divided and con-
trolled by the chair and ranking minority member of the Com-
mittee on Energy and Commerce or their designees. The resolution
waives all points of order against consideration of the bill. The res-
olution provides that an amendment in the nature of a substitute
consisting of the text of Rules Committee Print 117–11 shall be
considered as adopted and the bill, as amended, shall be considered
as read. The resolution waives all points of order against provisions
in the bill, as amended. The resolution provides for one motion to
recommit. The resolution provides for consideration of H.R. 3985,
the Allies Act of 2021, under a closed rule. The resolution provides
one hour of general debate on the bill equally divided and con-
trolled by the chair and ranking minority member of the Com-
mittee on the Judiciary or their designees. The resolution waives
all points of order against consideration of the bill. The resolution
provides that the amendment printed in part C of this report shall
be considered as adopted and the bill, as amended, shall be consid-
ered as read. The resolution waives all points of order against pro-
visions in the bill, as amended. The resolution provides one motion
to recommit. The resolution provides that at any time through the
legislative day of Thursday, July 22, 2021, the Speaker may enter-
tain motions offered by the Majority Leader or a designee that the
House suspend the rules with respect to multiple measures that
were the object of motions to suspend the rules on the legislative
days of July 19 or 20, 2021, and on which the yeas and nays were
ordered and further proceedings postponed. The Chair shall put the
question on any such motion without debate or intervening motion,
and the ordering of the yeas and nays on postponed motions to sus-
pend the rules with respect to such measures is vacated.
EXPLANATION OF WAIVERS
The waiver of all points of order against consideration of H.R.
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2467 includes waivers of the following:
—Section 303(a) of the Congressional Budget Act, which pro-
hibits consideration of legislation, as reported, providing new budg-
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3
et authority, change in revenues, change in public debt, new enti-
tlement authority or new credit authority for a fiscal year until the
budget resolution for that year has been agreed to.
—Section 425 of the Congressional Budget Act, which prohibits
consideration of (1) any legislation referred by a committee until
the committee publishes the CBO’s statement on the direct costs of
Federal mandates and (2) any legislation that that would increase
the direct costs of Federal intergovernmental mandates beyond
$50,000,000 (adjusted for inflation) unless the legislation provides
for new budget authority or the legislation appropriates sufficient
funds to cover the new costs.
—Clause 10 of rule XXI, which prohibits consideration of a meas-
ure that has a net effect of increasing the deficit or reducing the
surplus over the five- or 10-year period.
Although the resolution waives all points of order against provi-
sions in H.R. 2467, as amended, the Committee is not aware of any
points of order. The waiver is prophylactic in nature.
Although the resolution waives all points of order against the
amendments printed in part B of this report and amendments en
bloc described in section 3 of the resolution, the Committee is not
aware of any points of order. The waiver is prophylactic in nature.
Although the resolution waives all points of order against consid-
eration of H.R. 2668, the Committee is not aware of any points of
order. The waiver is prophylactic in nature.
Although the resolution waives all points of order against provi-
sions in H.R. 2668, as amended, the Committee is not aware of any
points of order. The waiver is prophylactic in nature.
The waiver of all points of order against consideration of H.R.
3985 includes waivers of the following:
—Clause 12 of rule XXI, which prohibits consideration of a bill
or joint resolution pursuant to a special order of business reported
by the Committee on Rules that has not been reported by a com-
mittee.
—Section 302(f)(1) of the Congressional Budget Act, which pro-
hibits consideration of legislation providing new budget authority
in excess of a 302(a) or 302(b) allocation of such authority.
—Section 303(a) of the Congressional Budget Act, which pro-
hibits consideration of legislation, as reported, providing new budg-
et authority, change in revenues, change in public debt, new enti-
tlement authority or new credit authority for a fiscal year until the
budget resolution for that year has been agreed to.
—Clause 10 of rule XXI, which prohibits consideration of a meas-
ure that has a net effect of increasing the deficit or reducing the
surplus over the five- or 10-year period.
Although the resolution waives all points of order against provi-
sions in H.R. 3985, as amended, the Committee is not aware of any
points of order. The waiver is prophylactic in nature.
COMMITTEE VOTES
The results of each record vote on an amendment or motion to
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report, together with the names of those voting for and against, are
printed below:
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Rules Committee record vote No. 114
Motion by Mr. Cole to report an open rule for H.R. 2467, H.R.
2668, and H.R. 3985. Defeated: 4–9
Majority Members Vote Minority Members Vote
Mrs. Torres ....................................................... Nay Mr. Cole ........................................................... Yea
Mr. Perlmutter .................................................. Nay Mr. Burgess ..................................................... Yea
Mr. Raskin ........................................................ Nay Mr. Reschenthaler ............................................ Yea
Ms. Scanlon ...................................................... Nay Mrs. Fischbach ................................................ Yea
Mr. Morelle ....................................................... Nay
Mr. DeSaulnier .................................................. Nay
Ms. Ross ........................................................... Nay
Mr. Neguse ....................................................... Nay
Mr. McGovern, Chairman ................................. Nay
Rules Committee record vote No. 115
Motion by Mr. Burgess to amend the rule to H.R. 2467 to make
in order amendment #12, offered by Rep. Burgess (TX), which en-
sures liability for PFAS cleanup only falls on those directly respon-
sible for accidents that require cleanup under CERCLA. Defeated:
4–9
Majority Members Vote Minority Members Vote
Mrs. Torres ....................................................... Nay Mr. Cole ........................................................... Yea
Mr. Perlmutter .................................................. Nay Mr. Burgess ..................................................... Yea
Mr. Raskin ........................................................ Nay Mr. Reschenthaler ............................................ Yea
Ms. Scanlon ...................................................... Nay Mrs. Fischbach ................................................ Yea
Mr. Morelle ....................................................... Nay
Mr. DeSaulnier .................................................. Nay
Ms. Ross ........................................................... Nay
Mr. Neguse ....................................................... Nay
Mr. McGovern, Chairman ................................. Nay
Rules Committee record vote No. 116
Motion by Mr. Burgess to amend the rule to H.R. 2668 to make
in order amendment #2, offered by Rep. Bilirakis (FL), which clari-
fies the FTC may only seek restitution and disgorgement in cases
involving unfair or deceptive acts or practices in which a reason-
able person would have known the potential violation under consid-
eration was unfair or deceptive, and reduces the statute of limita-
tions from 10 years to 5 years but also includes an avenue to allow
the FTC to seek equitable relief with respect to violations where a
corporation engaged in intentionally deceptive or fraudulent con-
duct that prevented the Commission from bringing the suit within
the 5 year statute of limitations. Defeated: 4–9
Majority Members Vote Minority Members Vote
Mrs. Torres ....................................................... Nay Mr. Cole ........................................................... Yea
Mr. Perlmutter .................................................. Nay Mr. Burgess ..................................................... Yea
Mr. Raskin ........................................................ Nay Mr. Reschenthaler ............................................ Yea
Ms. Scanlon ...................................................... Nay Mrs. Fischbach ................................................ Yea
Mr. Morelle ....................................................... Nay
Mr. DeSaulnier .................................................. Nay
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Ms. Ross ........................................................... Nay
Mr. Neguse ....................................................... Nay
Mr. McGovern, Chairman ................................. Nay
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Rules Committee record vote No. 117
Motion by Mrs. Fischbach to amend the rule to H.R. 2668 to
make in order amendment #5, offered by Rep. Bentz (OR), which
codifies the FTC policy statement from 2015 about bringing Section
5 ‘‘unfair methods of competition’’ enforcement actions in light of
the consumer welfare standard. Defeated: 4–9
Majority Members Vote Minority Members Vote
Mrs. Torres ....................................................... Nay Mr. Cole ........................................................... Yea
Mr. Perlmutter .................................................. Nay Mr. Burgess ..................................................... Yea
Mr. Raskin ........................................................ Nay Mr. Reschenthaler ............................................ Yea
Ms. Scanlon ...................................................... Nay Mrs. Fischbach ................................................ Yea
Mr. Morelle ....................................................... Nay
Mr. DeSaulnier .................................................. Nay
Ms. Ross ........................................................... Nay
Mr. Neguse ....................................................... Nay
Mr. McGovern, Chairman ................................. Nay
Rules Committee record vote No. 118
Motion by Ms. Ross to report the rule. Adopted: 9–4
Majority Members Vote Minority Members Vote
Mrs. Torres ....................................................... Yea Mr. Cole ........................................................... Nay
Mr. Perlmutter .................................................. Yea Mr. Burgess ..................................................... Nay
Mr. Raskin ........................................................ Yea Mr. Reschenthaler ............................................ Nay
Ms. Scanlon ...................................................... Yea Mrs. Fischbach ................................................ Nay
Mr. Morelle ....................................................... Yea
Mr. DeSaulnier .................................................. Yea
Ms. Ross ........................................................... Yea
Mr. Neguse ....................................................... Yea
Mr. McGovern, Chairman ................................. Yea
SUMMARY OF THE AMENDMENT TO H.R. 2467 IN PART A CONSIDERED
AS ADOPTED
1. Pallone (NJ): Updates grant programs under the Safe Drink-
ing Water Act and the Clean Water Act to match language in-
cluded in the INVEST Act. Clarifies that the moratorium on new
PFAS does not apply to PFAS for research and development related
to drugs, medical devices, or PPE.
SUMMARY OF THE AMENDMENTS TO H.R. 2467 IN PART B MADE IN
ORDER
1. Kildee (MI), Kind (WI), Delgado (NY): Requires EPA to create
a website to better help well water users test their water and un-
derstand the results. (10 minutes)
2. Leger Fernandez (NM): Ensures that testing under Sec. 3 and
the risk communication strategy under Sec. 15 considers the risks
PFAS poses to water used for agricultural purposes. (10 minutes)
3. Levin, Andy (MI): Establishes a new grant program to test for
and remediate PFAS containments in the drinking water at school
facilities, and authorizes $100 million to carry out that program for
FY2022 through FY2026. (10 minutes)
4. Ocasio-Cortez (NY): Ensures that information on the House-
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hold Well Water Testing Website is presented in a manner that
provides meaningful access to individuals with limited English pro-
ficiency. (10 minutes)
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5. Ross, Deborah (NC), Rouzer (NC): Revises the PFAS Infra-
structure Grant Program to allow applicants to certify that the
treatment technology that was in use by the community water sys-
tem on the date of enactment was not sufficient to remove all de-
tectable amounts of PFAS. (10 minutes)
6. San Nicolas (GU): Requires the Administrator to provide
grants to insular territories. (10 minutes)
7. Sarbanes (MD), Fitzpatrick (PA): Requires EPA to obtain ana-
lytical reference standards for PFAS for the development of proto-
cols and methodologies and enforcement activities (10 minutes)
8. Slotkin (MI): Increases the annual funding for the Assistance
for Community Water Systems Affected by PFAS grant program.
(10 minutes)
9. Slotkin (MI), Meijer (MI): Adds to the Household Well Water
Testing Website information about the health risks associated with
exposure to PFAS-contaminated water as well as recommendations
for individuals who believe they may have been exposed such
PFAS-contaminated water. (10 minutes)
10. Slotkin (MI): Adds to the list of products covered by the
PFAS Free Product Labeling Program. (10 minutes)
SUMMARY OF THE AMENDMENT TO H.R. 3985 IN PART C CONSIDERED
AS ADOPTED
1. Nadler (NY): Revises the requirement that an applicant ‘‘has
experienced or is experiencing’’ a serious threat to require an appli-
cant ‘‘has asserted a credible basis for concern about the possibility
of’’ a serious threat. Clarifies that Afghan nationals who worked
under cooperative agreements or grants to advance the U.S. mis-
sion are eligible for the Afghan SIV program if recommended by
the federal agency that authorized their funding. Gives the govern-
ment the flexibility remove the requirement that applicants file a
petition with USCIS. Allows surviving spouses and children to re-
tain eligibility if a request for COM approval is pending and the
principal applicant would have been approved for an SIV had they
survived. And makes other minor technical changes.
PART A—TEXT OF AMENDMENT TO H.R. 2467 CONSIDERED AS ADOPTED
Page 9, strike lines 8 through 10, and insert the following:
‘‘(7) PFAS.—
‘‘(A) IN GENERAL.—Except as provided in subparagraph
(B), this subsection does not apply to any chemical sub-
stance that is a perfluoroalkyl or polyfluoroalkyl sub-
stance.
‘‘(B) DRUGS AND DEVICES.—Paragraph (3) applies to a
chemical substance that is a perfluoroalkyl or
polyfluoroalkyl substance which is manufactured or proc-
essed, or proposed to be manufactured or processed, solely
for purposes of—
‘‘(i) scientific experimentation or analysis with re-
spect to a drug or device (as such terms are defined
in section 201 of the Federal Food, Drug, and Cos-
metic Act) or personal protective equipment (as such
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term is defined in section 20005 of the CARES Act); or
‘‘(ii) chemical research on, or analysis of, such a
chemical substance for the development of a drug or
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7
device (as such terms are defined in section 201 of the
Federal Food, Drug, and Cosmetic Act) or personal
protective equipment (as such term is defined in sec-
tion 20005 of the CARES Act).’’; and
Page 20, strike lines 1 through 12 and insert the following:
‘‘(B) a certification that the treatment technology in use
by the community water system at the time of application
is not sufficient to meet all applicable standards, and all
applicable health advisories published pursuant to section
1412(b)(1)(F), for perfluoroalkyl and polyfluoroalkyl sub-
stances.
‘‘(c) LIST OF ELIGIBLE TREATMENT TECHNOLOGIES.—Not later
than 150 days after the date of enactment of this section, and every
2 years thereafter, the Administrator shall publish a list of treat-
ment technologies that the Administrator determines are the most
effective at removing perfluoroalkyl and polyfluoroalkyl substances
from drinking water.
‘‘(d) PRIORITY FOR FUNDING.—In awarding grants under this sec-
tion, the Administrator shall prioritize an affected community
water system that—
‘‘(1) serves a disadvantaged community;
‘‘(2) will provide at least a 10-percent cost share for the cost
of implementing an eligible treatment technology;
‘‘(3) demonstrates the capacity to maintain the eligible treat-
ment technology to be implemented using the grant; or
‘‘(4) is located within an area with respect to which the Ad-
ministrator has published a determination under the first sen-
tence of section 1424(e) relating to an aquifer that is the sole
or principal drinking water source for the area.
Strike section 17 and insert the following:
SEC. 17. CLEAN WATER ACT EFFLUENT LIMITATIONS GUIDELINES
AND STANDARDS AND WATER QUALITY CRITERIA FOR
PFAS.
(a) DEADLINES.—
(1) WATER QUALITY CRITERIA.—Not later than 3 years after
the date of enactment of this section, the Administrator shall
publish in the Federal Register human health water quality
criteria under section 304(a)(1) of the Federal Water Pollution
Control Act (33 U.S.C. 1314) for each measurable
perfluoroalkyl substance, polyfluoroalkyl substance, and class
of such substances.
(2) EFFLUENT LIMITATIONS GUIDELINES AND STANDARDS FOR
PRIORITY INDUSTRY CATEGORIES.—As soon as practicable, but
not later than 4 years after the date of enactment of this sec-
tion, the Administrator shall publish in the Federal Register a
final rule establishing, for each priority industry category, ef-
fluent limitations guidelines and standards, in accordance with
the Federal Water Pollution Control Act, for the discharge (in-
cluding a discharge into a publicly owned treatment works) of
each measurable perfluoroalkyl substance, polyfluoroalkyl sub-
stance, and class of such substances.
(b) NOTIFICATION.—The Administrator shall notify the Com-
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mittee on Transportation and Infrastructure of the House of Rep-
resentatives and the Committee on Environment and Public Works
of the Senate of each publication made under this section.
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(c) IMPLEMENTATION ASSISTANCE FOR PUBLICLY OWNED TREAT-
MENT WORKS.—
(1) IN GENERAL.—The Administrator shall award grants to
owners and operators of publicly owned treatment works, to be
used to implement effluent limitations guidelines and stand-
ards developed by the Administrator for a perfluoroalkyl sub-
stance, polyfluoroalkyl substance, or class of such substances.
(2) AUTHORIZATION OF APPROPRIATIONS.—There is authorized
to be appropriated to the Administrator to carry out this sub-
section $200,000,000 for each of fiscal years 2022 through
2026, to remain available until expended.
(d) NO INCREASED BONDING AUTHORITY.—Amounts awarded to
an owner or operator of a publicly owned treatment works under
this section may not be used as a source of payment of, or security
for (directly or indirectly), in whole or in part, any obligation the
interest on which is exempt from the tax imposed under chapter
1 of the Internal Revenue Code of 1986.
(e) DEFINITIONS.—In this section:
(1) ADMINISTRATOR.—The term ‘‘Administrator’’ means the
Administrator of the Environmental Protection Agency.
(2) EFFLUENT LIMITATION.—The term ‘‘effluent limitation’’
has the meaning given that term in section 502 of the Federal
Water Pollution Control Act (33 U.S.C. 1362).
(3) MEASURABLE.—The term ‘‘measurable’’ means, with re-
spect to a chemical substance or class of chemical substances,
capable of being measured using test procedures established
under section 304(h) of the Federal Water Pollution Control
Act (33 U.S.C. 1314).
(4) PERFLUOROALKYL SUBSTANCE.—The term ‘‘perfluoroalkyl
substance’’ means a chemical of which all of the carbon atoms
are fully fluorinated carbon atoms.
(5) POLYFLUOROALKYL SUBSTANCE.—The term
‘‘polyfluoroalkyl substance’’ means a chemical containing at
least one fully fluorinated carbon atom and at least one carbon
atom that is not a fully fluorinated carbon atom.
(6) PRIORITY INDUSTRY CATEGORY.—The term ‘‘priority indus-
try category’’ means the following point source categories:
(A) Organic chemicals, plastics, and synthetic fibers, as
identified in part 414 of title 40, Code of Federal Regula-
tions (or successor regulations).
(B) Pulp, paper, and paperboard, as identified in part
430 of title 40, Code of Federal Regulations (or successor
regulations).
(C) Textile mills, as identified in part 410 of title 40,
Code of Federal Regulations (or successor regulations).
(D) Electroplating, as identified in part 413 of title 40,
Code of Federal Regulations (or successor regulations).
(E) Metal finishing, as identified in part 433 of title 40,
Code of Federal Regulations (or successor regulations).
(F) Leather tanning and finishing, as identified in part
425 of title 40, Code of Federal Regulations (or successor
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regulations).
(G) Paint formulating, as identified in part 446 of title
40, Code of Federal Regulations (or successor regulations).
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(H) Electrical and electronic components, as identified in
part 469 of title 40, Code of Federal Regulations (or suc-
cessor regulations).
(I) Plastics molding and forming, as identified in part
463 of title 40, Code of Federal Regulations (or successor
regulations).
(7) TREATMENT WORKS.—The term ‘‘treatment works’’ has the
meaning given that term in section 212 of the Federal Water
Pollution Control Act (33 U.S.C. 1292).
PART B—TEXT OF AMENDMENTS TO H.R. 2467 MADE IN ORDER
1. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE KILDEE OF
MICHIGAN OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES
Page 30, strike lines 13 through 17 and insert the following:
(5) Information on treatment options, including information
relating to water treatment systems certified to the relevant
NSF/ANSI American National Standard for drinking water
treatment units by a third-party certification body accredited
by the ANSI National Accreditation Board.
2. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE LEGER
FERNANDEZ OF NEW MEXICO OR HER DESIGNEE, DEBATABLE FOR
10 MINUTES
Page 6, line 4, insert ‘‘and water used for agricultural purposes’’
after ‘‘water’’.
Page 31, line 20, insert ‘‘and water used for agricultural pur-
poses’’ after ‘‘water’’.
3. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE LEVIN OF
MICHIGAN OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES
Add at the end the following:
SEC. 18. SCHOOL DRINKING WATER TESTING AND FILTRATION GRANT
PROGRAM.
Part F of the Safe Drinking Water Act (42 U.S.C. 300j–21 et seq.)
is amended by adding at the end the following:
‘‘SEC. 1466. SCHOOL PFAS TESTING AND FILTRATION GRANT PRO-
GRAM.
‘‘(a) IN GENERAL.—Not later than 1 year after the date of enact-
ment of this section, the Administrator shall establish a program
to make grants to eligible entities for—
‘‘(1) testing for perfluoroalkyl and polyfluoroalkyl substances
in drinking water at schools that is conducted by an entity ap-
proved by the Administrator or the applicable State to conduct
the testing;
‘‘(2) installation, maintenance, and repair of water filtration
systems effective for reducing perfluoroalkyl and
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polyfluoroalkyl substances in drinking water at schools that
contains a level of any perfluoroalkyl or polyfluoroalkyl sub-
stance that exceeds—
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10
‘‘(A) an applicable maximum contaminant level estab-
lished by the Administrator under section 1412; or
‘‘(B) an applicable standard established by the applicable
State that is more stringent than the level described in
subparagraph (A); or
‘‘(3) safe disposal of spent water filtration equipment used to
reduce perfluoroalkyl and polyfluoroalkyl substances in drink-
ing water at schools.
‘‘(b) GUIDANCE; PUBLIC AVAILABILITY.—As a condition of receiv-
ing a grant under this section, an eligible entity shall—
‘‘(1) expend grant funds in accordance with any applicable
State regulation or guidance regarding the reduction of
perfluoroalkyl and polyfluoroalkyl substances in drinking
water at schools that is not less stringent than any applicable
guidance issued by the Administrator;
‘‘(2) make publicly available, including, to the maximum ex-
tent practicable, on the website of the eligible entity, a copy of
the results of any testing carried out with grant funds received
under this section; and
‘‘(3) notify parent, teacher, and employee organizations of the
availability of the results described in paragraph (2).
‘‘(c) LIMITATION.—An eligible entity receiving a grant under this
section may use not more than 5 percent of grant funds to pay the
administrative costs of carrying out the activities for which the
grant was made.
‘‘(d) DEFINITION OF ELIGIBLE ENTITY.—In this section, the term
‘eligible entity’ means—
‘‘(1) a local educational agency; or
‘‘(2) a State agency that administers a statewide program to
test for, remediate, or filter perfluoroalkyl and polyfluoroalkyl
substances in drinking water.
‘‘(e) AUTHORIZATION OF APPROPRIATION.—There is authorized to
be appropriated to carry out this section $100,000,000 for each of
fiscal years 2022 through 2026, to remain available until ex-
pended.’’.
4. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE OCASIO-
CORTEZ OF NEW YORK OR HER DESIGNEE, DEBATABLE FOR 10
MINUTES
Page 31, after line 2, insert the following:
(c) ACCESS.—The Administrator shall ensure information on the
website established under subsection (a) is presented in a manner
that provides meaningful access to such information for individuals
with limited English proficiency.
5. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE ROSS OF
NORTH CAROLINA OR HER DESIGNEE, DEBATABLE FOR 10 MINUTES
Page 20, beginning on line 2, strike ‘‘in use by the community
water system at the time of application is’’ and insert ‘‘that was in
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use by the community water system on the date of enactment of
this section was’’.
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11
6. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE SAN
NICOLAS OF GUAM OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES
Page 32, beginning on line 13, strike ‘‘Of the amounts made
available under this subsection, the Administrator may use funds’’
and insert ‘‘To the extent that sufficient applications are received,
the Administrator shall use not less than 2 percent of the amounts
made available under this subsection’’.
7. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE SARBANES
OF MARYLAND OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES
Add at the end the following:
SEC. 18. ANALYTICAL REFERENCE STANDARDS FOR PFAS.
(a) IN GENERAL.—Not later than 180 days after the date of enact-
ment of this Act, the Administrator of the Environmental Protec-
tion Agency shall require each covered entity to submit to the Ad-
ministrator an analytical reference standard for each perfluoroalkyl
or polyfluoroalkyl substance with at least one fully fluorinated car-
bon atom manufactured by the covered entity after the date that
is 10 years prior to the date of enactment of this Act.
(b) USES.—The Administrator may—
(1) use an analytical reference standard submitted under
this section only for—
(A) the development of information, protocols, and meth-
odologies, which may be carried out by an entity deter-
mined appropriate by the Administrator; and
(B) activities relating to the implementation or enforce-
ment of Federal requirements; and
(2) provide an analytical reference standard submitted under
this section to a State, to be used only for—
(A) the development of information, protocols, and meth-
odologies, which may be carried out by an entity deter-
mined appropriate by the State; and
(B) activities relating to the implementation or enforce-
ment of State requirements.
(c) PROHIBITION.—No person receiving an analytical reference
standard submitted under this section may use or transfer the ana-
lytical reference standard for a commercial purpose.
(d) DEFINITIONS.—In this section:
(1) COVERED ENTITY.—The term ‘‘covered entity’’ means a
manufacturer of a perfluoroalkyl or polyfluoroalkyl substance
with at least one fully fluorinated carbon atom.
(2) MANUFACTURE; STATE.—The terms ‘‘manufacture’’ and
‘‘State’’ have the meanings given those terms in section 3 of the
Toxic Substances Control Act (15 U.S.C. 2602).
8. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE SLOTKIN
OF MICHIGAN OR HER DESIGNEE, DEBATABLE FOR 10 MINUTES
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Page 21, strike lines 9 through 13 and insert ‘‘than $500,000,000
for each of fiscal years 2022 through 2026.’’.
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12
9. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE SLOTKIN
OF MICHIGAN OR HER DESIGNEE, DEBATABLE FOR 10 MINUTES
Page 30, after line 25, insert the following:
(8) Information about the health risks associated with con-
suming water contaminated with PFAS as well as rec-
ommendations for individuals who believe they may have con-
sumed such PFAS-contaminated water.
10. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE SLOTKIN
OF MICHIGAN OR HER DESIGNEE, DEBATABLE FOR 10 MINUTES
Page 25, beginning on line 21, strike ‘‘pot, pan, cooking utensil,
carpet, or rug, clothing, or upholstered furniture, or a stain resist-
ant, water resistant, or grease resistant coating not subject to re-
quirements under section 409 of the Federal Food, Drug, and Cos-
metic Act’’ and insert ‘‘covered product’’.
Page 26, beginning on line 2, strike ‘‘pot, pan, cooking utensil,
carpet, rug, clothing, or upholstered furniture, or stain resistant,
water resistant, or grease resistant coating’’ and insert ‘‘covered
product’’.
Page 26, beginning on line 7, strike ‘‘pot, pan, cooking utensil,
carpet, rug, clothing, or upholstered furniture, or stain resistant,
water resistant, or grease resistant coating not subject to require-
ments under section 409 of the Federal Food, Drug, and Cosmetic
Act’’ and insert ‘‘covered product’’.
Page 26, beginning on line 14, amend subsection (b) to read as
follows:
(b) DEFINITIONS.—In this section:
(1) COVERED PRODUCT.—The term ‘‘covered product’’ means—
(A) a pot,
(B) a pan;
(C) a cooking utensil;
(D) carpet;
(E) a rug;
(F) clothing;
(G) upholstered furniture;
(H) a stain resistant, water resistant, or grease resistant
coating not subject to requirements under section 409 of
the Federal Food, Drug, and Cosmetic Act;
(I) food packaging material;
(J) an umbrella;
(K) luggage; or
(L) a cleaning product.
(2) PFAS.—The term ‘‘PFAS’’ means a perfluoroalkyl or
polyfluoroalkyl substance with at least one fully fluorinated
carbon atom.
PART C—TEXT OF AMENDMENT TO H.R. 3985 CONSIDERED AS ADOPTED
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Page 1, line 6, strike ‘‘Allies’’ and insert ‘‘ALLIES’’.
Page 2, after line 5, insert the following (and redesignate the suc-
ceeding paragraphs accordingly):
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13
(1) in subparagraph (A)(iv), by striking ‘‘has experienced or
is experiencing’’ and inserting ‘‘has asserted a credible basis for
concern about the possibility of’’;
Page 2, line 10, strike ‘‘AT’’ and insert ‘‘WITH’’.
Page 2, line 11, strike ‘‘FORCE’’ and insert ‘‘OR SUCCESSOR
FORCE’’.
Page 2, after line 13, insert the following (and redesignate the
succeeding subsections accordingly):
(c) AFGHANS EMPLOYED SUBJECT TO A GRANT OR COOPERATIVE
AGREEMENT.—Section 602(b)(2)(A)(ii)(I) of the Afghan Allies Protec-
tion Act of 2009 (8 U.S.C. 1101 note) is amended by inserting after
‘‘United States Government’’ the following ‘‘, including employment
or other work in Afghanistan through a cooperative agreement or
grant funded by the United States Government if the Secretary of
State determines, based on a recommendation from the Federal
agency or organization authorizing such funding, that such alien
contributed to the United States mission in Afghanistan’’.
(d) ELIMINATING DUPLICATIVE PROCESSING REQUIREMENTS.—Sec-
tion 602(b) of the Afghan Allies Protection Act of 2009 (8 U.S.C.
1101 note) is amended—
(1) in paragraph (1)—
(A) in the matter preceding subparagraph (A), by strik-
ing ‘‘, notwithstanding any other provision of law, the Sec-
retary of State in consultation with the Secretary of Home-
land Security’’ and inserting ‘‘the Secretary of State’’; and
(B) in subparagraph (A), by striking ‘‘a petition for clas-
sification under section 203(b)(4) of such Act (8 U.S.C.
1153(b)(4))’’ and inserting ‘‘a request for such status in ac-
cordance with procedures established by the Secretary of
Homeland Security and Secretary of State’’; and
(2) in paragraph (2)—
(A) in subparagraph (A)(ii), by striking ‘‘petition’’ and in-
serting ‘‘request’’; and
(B) in subparagraph (D)(i), by striking ‘‘petition’’ and in-
serting ‘‘request’’.
(e) STRENGTHENING PROTECTIONS FOR SURVIVING SPOUSES AND
CHILDREN.—Subparagraph (C) of section 602(b)(2) of the Afghan
Allies Protection Act of 2009 (8 U.S.C. 1101 note) is amended to
read as follows:
‘‘(C) SURVIVING SPOUSE OR CHILD.—An alien is described
in this subparagraph if—
‘‘(i) the alien was the spouse or child of a principal
alien described in subparagraph (A) who had sub-
mitted a request for classification pursuant to this sec-
tion or a petition pursuant to section 1059 of the Na-
tional Defense Authorization Act for Fiscal Year 2006
(Public Law 109–163; 8 U.S.C. 1101 note) which in-
cluded the alien as an accompanying spouse or child;
and
‘‘(ii) such request or petition—
‘‘(I) if approved, was revoked (or otherwise ren-
dered null) due to the death of the principal alien;
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or
‘‘(II) if pending, is otherwise approvable but for
the death of the principal alien.’’.
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Page 2, line 15, strike ‘‘application’’ and insert ‘‘requests for spe-
cial immigration status, applications’’.
Page 2, line 16, strike ‘‘visas’’ and insert ‘‘visas, or applications
for adjustment of status’’.
Page 3, line 1, strike ‘‘ADDITIONAL AFGHAN SPECIAL IMMIGRANT
VISA ALLOTMENT’’ and insert ‘‘AFGHAN ALLIES PROTECTION ACT’’.
Page 3, line 13, strike ‘‘visas’’ and insert ‘‘visas or adjust status’’.
Page 3, line 15, strike ‘‘visas are’’ and insert ‘‘visa numbers are’’.
Æ
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