Sec. 101. Agreement with the National Academies concerning the essential uses of perfluoroalkyl or polyfluoroalkyl substances
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The purposes of this section are to provide for the National Academies, an independent nonprofit scientific organization with appropriate expertise that is not part of the Federal Government— to review and evaluate the available scientific evidence regarding categories of essential uses of perfluoroalkyl or polyfluoroalkyl substances; and to provide guidance on designating perfluoroalkyl or polyfluoroalkyl substances as essential or nonessential. Not later than 60 days after the date of enactment of this Act, the Administrator (in consultation, as the Administrator determines appropriate, with the heads of other Federal departments and agencies with relevant expertise regarding the essential uses of perfluoroalkyl or polyfluoroalkyl substances) shall seek to enter into a 10-year agreement to carry out the duties described in this section.
The Administrator and the National Academies may extend the agreement described in paragraph
(1)in 5-year increments. Under an agreement under subsection (b), the National Academies shall, in accordance with the policy described in section 103(a), review and summarize the scientific evidence, and assess the strength of that scientific evidence, with respect to— uses of perfluoroalkyl or polyfluoroalkyl substances that should be designated as essential uses; and the criteria for designating essential uses. In carrying out the review described in paragraph (1), the National Academies shall— analyze the definition of the term essential use under section 2(3) as it relates to perfluoroalkyl or polyfluoroalkyl substances; conduct an assessment of how perfluoroalkyl or polyfluoroalkyl substances are integrated into the society of the United States, in which sectors of the economy of the United States perfluoroalkyl or polyfluoroalkyl substances are used, and in which sectors those uses are essential uses; describe any research gaps with respect to the uses of perfluoroalkyl or polyfluoroalkyl substances, including consideration of mitigation strategies and safer alternatives; and develop recommendations with respect to— the research and development activities necessary to transition the United States from the use of perfluoroalkyl or polyfluoroalkyl substances; and how the Federal Government may— best ensure the conduct of the research and development activities described in clause
(i)to ensure that safer alternatives minimize health, safety, and environmental risks; and best address the research gaps identified under subparagraph
(C)and the research and development needs identified under clause
(i)through collaboration or coordination of programs and other efforts with State, local, and Tribal governments and nongovernmental organizations, including private sector organizations. The initial review carried out under paragraph
(1)pursuant to an agreement under subsection
(b)shall conclude not later than 3 years after the date on which the review begins. For each essential use, the National Academies shall, to the extent that available scientific data permit meaningful determinations, determine— categories of uses of perfluoroalkyl or polyfluoroalkyl substances that can inform regulatory requirements under this title and amendments made by this title; a framework to guide decisionmakers in making designations of essential uses under section 102(c), which shall include— the integration of findings with respect to perfluoroalkyl or polyfluoroalkyl substances, including findings on human health effects that have sufficient or limited evidence of an association, from authoritative reviews (such as reviews by national or international bodies) and high-quality systematic reviews; and a review of emerging evidence with respect to perfluoroalkyl or polyfluoroalkyl substances that is impactful in decisionmaking; and whether certain perfluoroalkyl or polyfluoroalkyl substances in certain consumer products pose an unreasonable risk to consumers, such as risks due to perfluoroalkyl or polyfluoroalkyl substance toxicity, persistence, or bioaccumulation; the contribution of the uses identified under subparagraph
(A)to the cumulative impact of perfluoroalkyl or polyfluoroalkyl substances on the environment and public health; and recommendations for possible methods to eliminate perfluoroalkyl or polyfluoroalkyl substances from consumer products described in subparagraph (A). In carrying out reviews and studies under this section, the National Academies shall integrate robust, transparent, meaningful, and public community outreach. The head of each relevant Federal agency, including the Administrator, shall cooperate fully with the National Academies in carrying out the agreement under subsection (b). The National Academies shall make any recommendations for additional scientific studies determined appropriate by the National Academies to resolve areas of continuing scientific uncertainty relating to essential uses of perfluoroalkyl or polyfluoroalkyl substances. In making recommendations under paragraph (1), the National Academies shall consider— the scientific information that is available at the time of the recommendation; the value and relevance of the information that could result from additional studies; and the cost and feasibility of carrying out those additional studies. Not later than 1 year after the date of enactment of this Act, the National Academies shall submit to the Administrator, the Committee on Environment and Public Works of the Senate, and the Committee on Energy and Commerce of the House of Representatives an initial report on the activities of the National Academies under the agreement under subsection (b). The report required under subparagraph
(A)shall include— a description of the determinations, if any, made under subsection (d); and a full explanation of the scientific evidence and reasoning that led to those determinations; and any recommendations made under subsection (g). Not less frequently than once every 2 years after the date on which the initial report under paragraph
(1)is submitted, the National Academies shall submit to the Administrator, the Committee on Environment and Public Works of the Senate, and the Committee on Energy and Commerce of the House of Representatives an update of that report. Beginning on the date that is 2 years after the date that the National Academies completes the review under subsection (c), the Administrator may initiate not more than 5 additional studies with the National Academies— to update the review carried out under subsection
(c)based on new evidence; and to address the recommendations made under subsection (g). There are authorized to be appropriated to the Administrator such sums as are necessary to carry out this subsection. If the Administrator is unable to enter into an agreement under subsection
(b)with the National Academies within the 60-day period described in that subsection on terms acceptable to the Administrator, the Administrator shall seek to enter into an agreement for purposes of carrying out this section with another appropriate scientific organization that— is not part of the Federal Government; operates as a not-for-profit entity; and has expertise and objectivity comparable to that of the National Academies. If the Administrator enters into an agreement with an alternative scientific organization under paragraph (1), any reference in this title to the National Academies shall be deemed to be a reference to that alternative scientific organization.