116 S1507 RS: PFAS Release Disclosure Act
U.S. Senate
2019-05-16
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

IICalendar No. 119116th CONGRESS1st SessionS. 1507IN THE SENATE OF THE UNITED STATESMay 16, 2019Mrs. Capito (for herself, Mrs. Gillibrand, and Mr. Carper) introduced the following bill; which was read twice and referred to the Committee on Environment and Public WorksJune 19, 2019Reported by Mr. Barrasso, with an amendmentStrike out all after the enacting clause and insert the part printed in italicA BILLTo include certain
			 perfluoroalkyl and polyfluoroalkyl substances in the toxics
			 release inventory, and for other purposes.

 1.Short titleThis Act may be cited as the PFAS Release Disclosure Act. 2.Additions to toxics release inventory (a)DefinitionsIn this section:
 (1)AdministratorThe term Administrator means the Administrator of the Environmental Protection Agency. (2)Toxics release inventoryThe term toxics release inventory means the toxics release inventory under section 313(c) of the Emergency Planning and Community Right-To-Know Act of 1986 (42 U.S.C. 11023(c)).
				(b)Immediate inclusion
 (1)In generalSubject to subsection (e), beginning January 1 of the calendar year following the date of enactment of this Act, the following chemicals shall be deemed to be included in the toxics release inventory:
 (A)Perfluorooctanoic acid (commonly referred to as PFOA) (Chemical Abstracts Service No. 335–67–1). (B)The salt associated with the chemical described in subparagraph (A) (Chemical Abstracts Service No. 3825–26–1).
 (C)Perfluorooctane sulfonic acid (commonly referred to as PFOS) (Chemical Abstracts Service No. 1763–23–1). (D)The salts associated with the chemical described in subparagraph (C) (Chemical Abstract Service Nos. 45298–90–6, 29457–72–5, 56773–42–3, 29081–56–9, 4021–47–0, 111873–33–7, and 91036–71–4).
 (E)A perfluoroalkyl or polyfluoroalkyl substance or class of perfluoroalkyl or polyfluoroalkyl substances that is—
 (i)listed as an active chemical substance in the February 2019 update to the inventory under section 8(b)(1) of the Toxic Substances Control Act (15 U.S.C. 2607(b)(1)); and
 (ii)on the date of enactment of this Act, subject to the provisions of— (I)section 721.9582 of title 40, Code of Federal Regulations; or
 (II)section 721.10536 of title 40, Code of Federal Regulations. (2)Threshold for reporting (A)In generalSubject to subparagraph (B), the threshold for reporting the chemicals described in paragraph (1) under section 313(f)(1) of the Emergency Planning and Community Right-To-Know Act of 1986 (42 U.S.C. 11023(f)(1)) is 100 pounds.
 (B)RevisionsNot later than 5 years after the date of enactment of this Act, the Administrator shall— (i)determine whether revision of the threshold under subparagraph (A) is warranted; and
 (ii)if the Administrator determines a revision to be warranted under clause (i), initiate a revision under section 313(f)(2) of the Emergency Planning and Community Right-To-Know Act of 1986 (42 U.S.C. 11023(f)(2)).
						(c)Inclusion following assessment
 (1)In generalSubject to subsection (e), a perfluoroalkyl or polyfluoroalkyl substance or class of perfluoroalkyl or polyfluoroalkyl substances shall be automatically included in the toxics release inventory beginning January 1 of the calendar year after any of the following dates:
 (A)Establishment of toxicity valueThe date on which the Administrator establishes a toxicity value for the perfluoroalkyl or polyfluoroalkyl substance or class of perfluoroalkyl or polyfluoroalkyl substances.
 (B)Significant new use ruleThe date on which the Administrator finalizes a significant new use rule under subsection (a)(2) or (f) of section 5 of the Toxic Substances Control Act (15 U.S.C. 2604) for the perfluoroalkyl or polyfluoroalkyl substance or class of perfluoroalkyl or polyfluoroalkyl substances.
 (C)Addition to existing significant new use ruleThe date on which the perfluoroalkyl or polyfluoroalkyl substance or class of perfluoroalkyl or polyfluoroalkyl substances is added to a list of substances covered by a significant new use rule under subsection (a)(2) or (f) of section 5 of the Toxic Substances Control Act (15 U.S.C. 2604).
 (D)Addition as active chemical substanceThe date on which the perfluoroalkyl or polyfluoroalkyl substance or class of perfluoroalkyl or polyfluoroalkyl substances that is on a list of substances covered by a significant new use rule under subsection (a)(2) or (f) of section 5 of the Toxic Substances Control Act (15 U.S.C. 2604) is added as an active chemical substance on the inventory under section 8(b)(1) of the Toxic Substances Control Act (15 U.S.C. 2607(b)(1)).
					(2)Threshold for reporting
 (A)In generalSubject to subparagraph (B), the threshold for reporting under section 313(f)(1) of the Emergency Planning and Community Right-To-Know Act of 1986 (42 U.S.C. 11203(f)(1)) the substances and classes of substances included in the toxics release inventory under paragraph (1) is 100 pounds.
 (B)RevisionsNot later than 5 years after the date of enactment of this Act, the Administrator shall— (i)determine whether revision of the thresholds under subparagraph (A) is warranted; and
 (ii)if the Administrator determines a revision to be warranted under clause (i), initiate a revision under section 313(f)(2) of the Emergency Planning and Community Right-To-Know Act of 1986 (42 U.S.C. 11023(f)(2)).
						(d)Inclusion following determination
 (1)In generalTo the extent not already subject to subsection (b), not later than 2 years after the date of enactment of this Act, the Administrator shall determine whether the substances and classes of substances described in paragraph (2) meet the criteria described in section 313(d)(2) of the Emergency Planning and Community Right-To-Know Act of 1986 (42 U.S.C. 11023(d)(2)) for inclusion in the toxics release inventory.
 (2)Substances describedThe substances and classes of substances referred to in paragraph (1) are perfluoroalkyl and polyfluoroalkyl substances and classes of perfluoroalkyl and polyfluoroalkyl substances, including—
 (A)hexafluoropropylene oxide dimer acid (Chemical Abstracts Service No. 13252–13–6); (B)the compounds associated with the chemical described in subparagraph (A) (Chemical Abstracts Service Nos. 62037–80–3 and 2062–98–8);
 (C)perfluoro[(2-pentafluoroethoxy-ethoxy)acetic acid] ammonium salt (Chemical Abstracts Service No. 908020–52–0);
 (D)2,3,3,3-tetrafluoro 2-(1,1,2,3,3,3-hexafluoro)-2-(trifluoromethoxy) propanoyl fluoride (Chemical Abstracts Service No. 2479–75–6);
 (E)2,3,3,3-tetrafluoro 2-(1,1,2,3,3,3-hexafluoro)-2-(trifluoromethoxy) propionic acid (Chemical Abstracts Service No. 2479–73–4);
 (F)3H-perfluoro-3-[(3-methoxy-propoxy) propanoic acid] (Chemical Abstracts Service No. 919005–14–4); (G)the salts associated with the chemical described in subparagraph (F) (Chemical Abstracts Service Nos. 958445–44–8, 1087271–46–2, and NOCAS_892452);
 (H)1-octanesulfonic acid 3,3,4,4,5,5,6,6,7,7,8,8-tridecafluoro-potassium salt (Chemical Abstracts Service No. 59587–38–1);
 (I)perfluorobutanesulfonic acid (Chemical Abstracts Service No. 375–73–5); (J)1-Butanesulfonic acid, 1,1,2,2,3,3,4,4,4-nonafluoro-potassium salt (Chemical Abstracts Service No. 29420–49–3);
 (K)the component associated with the chemical described in subparagraph (J) (Chemical Abstracts Service No. 45187–15–3);
 (L)heptafluorobutyric acid (Chemical Abstracts Service No. 375–22–4); (M)perfluorohexanoic acid (Chemical Abstracts Service No. 307–24–4); and
 (N)a perfluoroalkyl and polyfluoroalkyl substance or class of perfluoroalkyl or polyfluoroalkyl substances other than those chemicals described in subparagraphs (A) through (M) that is used to manufacture fluoropolymers, as determined by the Administrator.
 (3)Addition to toxics release inventorySubject to subsection (e), if the Administrator determines under paragraph (1) that a substance or a class of substances described in paragraph (2) meets the criteria described in section 313(d)(2) of the Emergency Planning and Community Right-To-Know Act of 1986 (42 U.S.C. 11023(d)(2)), the Administrator shall revise the toxics release inventory to include that substance or class of substances not later than 2 years after the date on which the Administrator makes the determination.
				(e)Confidential business information
 (1)In generalPrior to including on the toxics release inventory pursuant to subsection (b)(1), (c)(1), or (d)(3) any perfluoroalkyl or polyfluoroalkyl substance or class of perfluoroalkyl or polyfluoroalkyl substances the chemical identity of which is subject to a claim of a person of protection from disclosure under subsection (a) of section 552 of title 5, United States Code, pursuant to subsection (b)(4) of that section, the Administrator shall—
 (A)review that claim of protection from disclosure; and (B)require that person to reassert and substantiate or resubstantiate that claim in accordance with section 14(f) of the Toxic Substances Control Act (15 U.S.C. 2613(f)).
 (2)Nondisclosure of protection informationIf the Administrator determines that the chemical identity of a perfluoroalkyl or polyfluoroalkyl substance or class of perfluoroalkyl or polyfluoroalkyl substances qualifies for protection from disclosure under paragraph (1), the Administrator shall include the substance or class of substances, as applicable, on the toxics release inventory in a manner that does not disclose the protected information.
 (f)Emergency Planning and Community Right-To-Know Act of 1986Section 313(c) of the Emergency Planning and Community Right-To-Know Act of 1986 (42 U.S.C. 11023(c)) is amended—
 (1)by striking the period at the end and inserting ; and; (2)by striking are those chemicals and inserting the following: “are—

 (1)the chemicals; and (3)by adding at the end the following:

 (2)the chemicals included under subsections (b)(1), (c)(1), and (d)(3) of section 2 of the PFAS Release Disclosure Act..  1.Short title; table of contents (a)Short titleThis Act may be cited as the PFAS Release Disclosure and Protection Act of 2019.
 (b)Table of contentsThe table of contents for this Act is as follows:Sec. 1. Short title; table of contents.Sec. 2. Definition of Administrator.TITLE I—PFAS Release DisclosureSec. 101. Additions to toxics release inventory.TITLE II—Drinking WaterSec. 201. National primary drinking water regulations for PFAS.Sec. 202. Monitoring and detection.Sec. 203. Enforcement.Sec. 204. Drinking water state revolving funds.TITLE III—PFAS DetectionSec. 301. Definitions.Sec. 302. Performance standard for the detection of perfluorinated compounds.Sec. 303. Nationwide sampling.Sec. 304. Data usage.Sec. 305. Collaboration.Sec. 306. Authorization of appropriations.TITLE IV—Safe Drinking Water AssistanceSec. 401. Definitions.Sec. 402. Research and coordination plan for enhanced response on emerging contaminants.TITLE V—MiscellaneousSec. 501. Department of Defense authorities.Sec. 502. PFAS data call.Sec. 503. Significant new use rule for long-chain PFAS.Sec. 504. PFAS destruction and disposal guidance.Sec. 505. PFAS research and development. 2.Definition of AdministratorIn this Act, the term Administrator means the Administrator of the Environmental Protection Agency.
		IPFAS Release Disclosure
			101.Additions to toxics release inventory
 (a)Definition of toxics release inventoryIn this section, the term toxics release inventory means the toxics release inventory under section 313(c) of the Emergency Planning and Community Right-To-Know Act of 1986 (42 U.S.C. 11023(c)).
				(b)Immediate inclusion
 (1)In generalSubject to subsection (e), beginning January 1 of the calendar year following the date of enactment of this Act, the following chemicals shall be deemed to be included in the toxics release inventory:
 (A)Perfluorooctanoic acid (commonly referred to as PFOA) (Chemical Abstracts Service No. 335–67–1). (B)The salt associated with the chemical described in subparagraph (A) (Chemical Abstracts Service No. 3825–26–1).
 (C)Perfluorooctane sulfonic acid (commonly referred to as PFOS) (Chemical Abstracts Service No. 1763–23–1). (D)The salts associated with the chemical described in subparagraph (C) (Chemical Abstract Service Nos. 45298–90–6, 29457–72–5, 56773–42–3, 29081–56–9, 4021–47–0, 111873–33–7, and 91036–71–4).
 (E)A perfluoroalkyl or polyfluoroalkyl substance or class of perfluoroalkyl or polyfluoroalkyl substances that is—
 (i)listed as an active chemical substance in the February 2019 update to the inventory under section 8(b)(1) of the Toxic Substances Control Act (15 U.S.C. 2607(b)(1)); and
 (ii)on the date of enactment of this Act, subject to the provisions of— (I)section 721.9582 of title 40, Code of Federal Regulations; or
 (II)section 721.10536 of title 40, Code of Federal Regulations. (2)Threshold for reporting (A)In generalSubject to subparagraph (B), the threshold for reporting the chemicals described in paragraph (1) under section 313(f)(1) of the Emergency Planning and Community Right-To-Know Act of 1986 (42 U.S.C. 11023(f)(1)) is 100 pounds.
 (B)RevisionsNot later than 5 years after the date of enactment of this Act, the Administrator shall— (i)determine whether revision of the threshold under subparagraph (A) is warranted; and
 (ii)if the Administrator determines a revision to be warranted under clause (i), initiate a revision under section 313(f)(2) of the Emergency Planning and Community Right-To-Know Act of 1986 (42 U.S.C. 11023(f)(2)).
							(c)Inclusion following assessment
 (1)In generalSubject to subsection (e), a perfluoroalkyl or polyfluoroalkyl substance or class of perfluoroalkyl or polyfluoroalkyl substances shall be automatically included in the toxics release inventory beginning January 1 of the calendar year after any of the following dates:
 (A)Establishment of toxicity valueThe date on which the Administrator establishes a toxicity value for the perfluoroalkyl or polyfluoroalkyl substance or class of perfluoroalkyl or polyfluoroalkyl substances.
 (B)Significant new use ruleThe date on which the Administrator finalizes a significant new use rule under subsection (a)(2) of section 5 of the Toxic Substances Control Act (15 U.S.C. 2604), except a significant new use rule promulgated in connection with an order issued under subsection (e) of that section, for the perfluoroalkyl or polyfluoroalkyl substance or class of perfluoroalkyl or polyfluoroalkyl substances.
 (C)Addition to existing significant new use ruleThe date on which the perfluoroalkyl or polyfluoroalkyl substance or class of perfluoroalkyl or polyfluoroalkyl substances is added to a list of substances covered by a significant new use rule previously promulgated under subsection (a)(2) of section 5 of the Toxic Substances Control Act (15 U.S.C. 2604), except a significant new use rule promulgated in connection with an order issued under subsection (e) of that section.
 (D)Addition as active chemical substanceThe date on which the perfluoroalkyl or polyfluoroalkyl substance or class of perfluoroalkyl or polyfluoroalkyl substances that is on a list of substances covered by a significant new use rule under subsection (a)(2) of section 5 of the Toxic Substances Control Act (15 U.S.C. 2604), except a significant new use rule promulgated in connection with an order issued under subsection (e) of that section, is—
 (i)added to the inventory under subsection (b)(1) of section 8 of the Toxic Substances Control Act (15 U.S.C. 2607) and designated as an active chemical substance under subsection (b)(5)(A) of that section; or
 (ii)designated as an active chemical substance on the inventory in accordance with subsection (b)(5)(B) of that section.
							(2)Threshold for reporting
 (A)In generalSubject to subparagraph (B), the threshold for reporting under section 313(f)(1) of the Emergency Planning and Community Right-To-Know Act of 1986 (42 U.S.C. 11203(f)(1)) the substances and classes of substances included in the toxics release inventory under paragraph (1) is 100 pounds.
 (B)RevisionsNot later than 5 years after the date of enactment of this Act, the Administrator shall— (i)determine whether revision of the thresholds under subparagraph (A) is warranted; and
 (ii)if the Administrator determines a revision to be warranted under clause (i), initiate a revision under section 313(f)(2) of the Emergency Planning and Community Right-To-Know Act of 1986 (42 U.S.C. 11023(f)(2)).
							(d)Inclusion following determination
 (1)In generalTo the extent not already subject to subsection (b), not later than 2 years after the date of enactment of this Act, the Administrator shall determine whether the substances and classes of substances described in paragraph (2) meet the criteria described in section 313(d)(2) of the Emergency Planning and Community Right-To-Know Act of 1986 (42 U.S.C. 11023(d)(2)) for inclusion in the toxics release inventory.
 (2)Substances describedThe substances and classes of substances referred to in paragraph (1) are perfluoroalkyl and polyfluoroalkyl substances and classes of perfluoroalkyl and polyfluoroalkyl substances, including—
 (A)hexafluoropropylene oxide dimer acid (Chemical Abstracts Service No. 13252–13–6); (B)the compounds associated with the chemical described in subparagraph (A) (Chemical Abstracts Service Nos. 62037–80–3 and 2062–98–8);
 (C)perfluoro[(2-pentafluoroethoxy-ethoxy)acetic acid] ammonium salt (Chemical Abstracts Service No. 908020–52–0);
 (D)2,3,3,3-tetrafluoro 2-(1,1,2,3,3,3-hexafluoro)-2-(trifluoromethoxy) propanoyl fluoride (Chemical Abstracts Service No. 2479–75–6);
 (E)2,3,3,3-tetrafluoro 2-(1,1,2,3,3,3-hexafluoro)-2-(trifluoromethoxy) propionic acid (Chemical Abstracts Service No. 2479–73–4);
 (F)3H-perfluoro-3-[(3-methoxy-propoxy) propanoic acid] (Chemical Abstracts Service No. 919005–14–4); (G)the salts associated with the chemical described in subparagraph (F) (Chemical Abstracts Service Nos. 958445–44–8, 1087271–46–2, and NOCAS_892452);
 (H)1-octanesulfonic acid 3,3,4,4,5,5,6,6,7,7,8,8-tridecafluoro-potassium salt (Chemical Abstracts Service No. 59587–38–1);
 (I)perfluorobutanesulfonic acid (Chemical Abstracts Service No. 375–73–5); (J)1-Butanesulfonic acid, 1,1,2,2,3,3,4,4,4-nonafluoro-potassium salt (Chemical Abstracts Service No. 29420–49–3);
 (K)the component associated with the chemical described in subparagraph (J) (Chemical Abstracts Service No. 45187–15–3);
 (L)heptafluorobutyric acid (Chemical Abstracts Service No. 375–22–4); (M)perfluorohexanoic acid (Chemical Abstracts Service No. 307–24–4);
 (N)each perfluoroalkyl or polyfluoroalkly substance or class of perfluoroalkyl or polyfluoroalkyl substances for which a method to measure levels in drinking water has been validated by the Administrator; and
 (O)a perfluoroalkyl and polyfluoroalkyl substance or class of perfluoroalkyl or polyfluoroalkyl substances other than the chemicals described in subparagraphs (A) through (N) that is used to manufacture fluoropolymers, as determined by the Administrator.
 (3)Addition to toxics release inventorySubject to subsection (e), if the Administrator determines under paragraph (1) that a substance or a class of substances described in paragraph (2) meets the criteria described in section 313(d)(2) of the Emergency Planning and Community Right-To-Know Act of 1986 (42 U.S.C. 11023(d)(2)), the Administrator shall revise the toxics release inventory to include that substance or class of substances not later than 2 years after the date on which the Administrator makes the determination.
					(e)Confidential business information
 (1)In generalPrior to including on the toxics release inventory pursuant to subsection (b)(1), (c)(1), or (d)(3) any perfluoroalkyl or polyfluoroalkyl substance or class of perfluoroalkyl or polyfluoroalkyl substances the chemical identity of which is subject to a claim of a person of protection from disclosure under subsection (a) of section 552 of title 5, United States Code, pursuant to subsection (b)(4) of that section, the Administrator shall—
 (A)review that claim of protection from disclosure; and (B)require that person to reassert and substantiate or resubstantiate that claim in accordance with section 14(f) of the Toxic Substances Control Act (15 U.S.C. 2613(f)).
 (2)Nondisclosure of protected informationIf the Administrator determines that the chemical identity of a perfluoroalkyl or polyfluoroalkyl substance or class of perfluoroalkyl or polyfluoroalkyl substances qualifies for protection from disclosure under paragraph (1), the Administrator shall include the substance or class of substances, as applicable, on the toxics release inventory in a manner that does not disclose the protected information.
 (f)Emergency Planning and Community Right-To-Know Act of 1986Section 313(c) of the Emergency Planning and Community Right-To-Know Act of 1986 (42 U.S.C. 11023(c)) is amended—
 (1)by striking the period at the end and inserting ; and; (2)by striking are those chemicals and inserting the following: “are—

 (1)the chemicals; and (3)by adding at the end the following:

 (2)the chemicals included under subsections (b)(1), (c)(1), and (d)(3) of section 101 of the PFAS Release Disclosure and Protection Act of 2019.. IIDrinking Water 201.National primary drinking water regulations for PFASSection 1412(b)(2) of the Safe Drinking Water Act (42 U.S.C. 300g–1(b)(2)) is amended by adding at the end the following:

					(D)Perfluoroalkyl and polyfluoroalkyl substances
 (i)In generalNot later than 2 years after the date of enactment of this subparagraph, the Administrator shall promulgate a national primary drinking water regulation for perfluoroalkyl and polyfluoroalkyl substances, which shall, at a minimum, include standards for—
 (I)perfluorooctanoic acid (commonly referred to as PFOA); and (II)perfluorooctane sulfonic acid (commonly referred to as PFOS).
							(ii)Alternative procedures
 (I)In generalNot later than 1 year after the validation by the Administrator of an equally effective quality control and testing procedure to ensure compliance with that national primary drinking water regulation to measure the levels described in subclause (II) or other methods to detect and monitor perfluoroalkyl and polyfluoroalkyl substances in drinking water, the Administrator shall add the procedure or method as an alternative to the quality control and testing procedure described in that national primary drinking water regulation by publishing the procedure or method in the Federal Register.
 (II)Levels describedThe levels referred to in subclause (I) are— (aa)the level of a perfluoroalkyl or polyfluoroalkyl substance;
 (bb)the total levels of perfluoroalkyl and polyfluoroalkyl substances; and (cc)the total levels of organic fluorine.
 (iii)InclusionsThe Administrator may include a perfluoroalkyl or polyfluoroalkyl substance or class of perfluoroalkyl or polyfluoroalkyl substances on—
 (I)the list of contaminants for consideration of regulation under paragraph (1)(B)(i); and (II)the list of unregulated contaminants to be monitored under section 1445(a)(2)(B)(i).
 (iv)MonitoringWhen establishing monitoring requirements for public water systems as part of a national primary drinking water regulation under clause (i) or clause (vi)(II), the Administrator shall tailor the monitoring requirements for public water systems that do not detect or are reliably and consistently below the maximum contaminant level (as defined in section 1418(b)(2)(B)) for the perfluoroalkyl or polyfluoroalkyl substance or class of perfluoroalkyl or polyfluoroalkyl substances subject to the national primary drinking water regulation.
 (v)Health risk reduction and cost analysisIn meeting the requirements of paragraph (3)(C), the Administrator may rely on information available to the Administrator with respect to 1 or more specific perfluoroalkyl or polyfluoroalkyl substances to extrapolate reasoned conclusions regarding the health risks and effects of a class of perfluoroalkyl or polyfluoroalkyl substances of which the specific perfluoroalkyl or polyfluoroalkyl substances are a part.
						(vi)Regulation of additional substances
 (I)DeterminationThe Administrator shall make a determination under paragraph (1)(A), using the criteria described in clauses (i) through (iii) of that paragraph, whether to include a perfluoroalkyl or polyfluoroalkyl substance or class of perfluoroalkyl or polyfluoroalkyl substances in the national primary drinking water regulation under clause (i) not later than 18 months after the later of—
 (aa)the date on which the perfluoroalkyl or polyfluoroalkyl substance or class of perfluoroalkyl or polyfluoroalkyl substances is listed on the list of contaminants for consideration of regulation under paragraph (1)(B)(i); and
 (bb)the date on which— (AA)the Administrator has received the results of monitoring under section 1445(a)(2)(B) for the perfluoroalkyl or polyfluoroalkyl substance or class of perfluoroalkyl or polyfluoroalkyl substance; or
 (BB)the Administrator has received finished water data or finished water monitoring surveys for the perfluoroalkyl or polyfluoroalkyl substance or class of perfluoroalkyl or polyfluoroalkyl substances from a Federal or State agency that the Administrator determines to be sufficient to make a determination under paragraph (1)(A).
									(II)Primary drinking water regulations
 (aa)In generalFor each perfluoroalkyl or polyfluoroalkyl substance or class of perfluoroalkyl or polyfluoroalkyl substances that the Administrator determines to regulate under subclause (I), the Administrator—
 (AA)not later than 18 months after the date on which the Administrator makes the determination, shall propose a national primary drinking water regulation for the perfluoroalkyl or polyfluoroalkyl substance or class of perfluoroalkyl or polyfluoroalkyl substances; and
 (BB)may publish the proposed national primary drinking water regulation described in subitem (AA) concurrently with the publication of the determination to regulate the perfluoroalkyl or polyfluoroalkyl substance or class of perfluoroalkyl or polyfluoroalkyl substances.
									(bb)Deadline
 (AA)In generalNot later than 1 year after the date on which the Administrator publishes a proposed national primary drinking water regulation under item (aa)(AA) and subject to subitem (BB), the Administrator shall take final action on the proposed national primary drinking water regulation.
 (BB)ExtensionThe Administrator, on publication of notice in the Federal Register, may extend the deadline under subitem (AA) by not more than 6 months.
									(vii)Lifetime drinking water health advisory
 (I)In generalSubject to subclause (II), the Administrator shall publish a health advisory under paragraph (1)(F) for a perfluoroalkyl or polyfluoroalkyl substance or class of perfluoroalkyl or polyfluoroalkyl substances not later than 1 year after the later of—
 (aa)the date on which the Administrator finalizes a toxicity value for the perfluoroalkyl or polyfluoroalkyl substance or class of perfluoroalkyl or polyfluoroalkyl substances; and
 (bb)the date on which the Administrator validates an effective quality control and testing procedure for the perfluoroalkyl or polyfluoroalkyl substance or class of perfluoroalkyl or polyfluoroalkyl substance, if such a procedure did not exist on the date on which the toxicity value described in item (aa) was finalized.
 (II)WaiverThe Administrator may waive the requirements of subclause (I) with respect to a perfluoroalkyl or polyfluoroalkyl substance or class of perfluoroalkyl and polyfluoroalkyl substances if the Administrator determines that there is a substantial likelihood that the perfluoroalkyl or polyfluoroalkyl substance or class of perfluoroalkyl or polyfluoroalkyl substances will not occur in drinking water..
			202.Monitoring and detection
				(a)Monitoring program for unregulated contaminants
 (1)In generalThe Administrator shall include each substance described in paragraph (2) in the fifth publication of the list of unregulated contaminants to be monitored under section 1445(a)(2)(B)(i) of the Safe Drinking Water Act (42 U.S.C. 300j–4(a)(2)(B)(i)).
 (2)Substances describedThe substances referred to in paragraph (1) are perfluoroalkyl and polyfluoroalkyl substances and classes of perfluoroalkyl and polyfluoroalkyl substances—
 (A)for which a method to measure the level in drinking water has been validated by the Administrator; and
 (B)that are not subject to a national primary drinking water regulation under clause (i) or (vi)(II) of subparagraph (D) of section 1412(b)(2) of the Safe Drinking Water Act (42 U.S.C. 300g–1(b)(2)).
 (3)ExceptionThe perfluoroalkyl and polyfluoroalkyl substances and classes of perfluoroalkyl and polyfluoroalkyl substances included in the list of unregulated contaminants to be monitored under section 1445(a)(2)(B)(i) of the Safe Drinking Water Act (42 U.S.C. 300j–4(a)(2)(B)(i)) under paragraph (1) shall not count towards the limit of 30 unregulated contaminants to be monitored by public water systems under that section.
					(b)Applicability
 (1)In generalThe Administrator shall— (A)require public water systems serving more than 10,000 persons to monitor for the substances described in subsection (a)(2);
 (B)subject to paragraph (2) and the availability of appropriations, require public water systems serving not fewer than 3,300 and not more than 10,000 persons to monitor for the substances described in subsection (a)(2); and
 (C)subject to paragraph (2) and the availability of appropriations, ensure that only a representative sample of public water systems serving fewer than 3,300 persons are required to monitor for the substances described in subsection (a)(2).
 (2)RequirementIf the Administrator determines that there is not sufficient laboratory capacity to carry out the monitoring required under subparagraphs (B) and (C) of paragraph (1), the Administrator may waive the monitoring requirements in those subparagraphs.
 (3)FundsThe Administrator shall pay the reasonable cost of such testing and laboratory analysis as is necessary to carry out the monitoring required under paragraph (1) from—
 (A)funds made available under subsection (a)(2)(H) or (j)(5) of section 1445 of the Safe Drinking Water Act (42 U.S.C. 300j–4); or
 (B)any other funds made available for that purpose. 203.EnforcementNotwithstanding any other provision of law, the Administrator may not impose financial penalties for the violation of a national primary drinking water regulation (as defined in section 1401 of the Safe Drinking Water Act (42 U.S.C. 300f)) with respect to a perfluoroalkyl or polyfluoroalkyl substance or class of perfluoroalkyl or polyfluoroalkyl substances for which a national primary drinking water regulation has been promulgated under clause (i) or (vi) of subparagraph (D) of section 1412(b)(2) of the Safe Drinking Water Act (42 U.S.C. 300g–1(b)(2)) earlier than the date that is 5 years after the date on which the Administrator promulgates the national primary drinking water regulation.
 204.Drinking water state revolving fundsSection 1452 of the Safe Drinking Water Act (42 U.S.C. 300j–12) is amended— (1)in subsection (a)(2), by adding at the end the following:

						(G)Emerging contaminants
 (i)In generalSubject to clause (ii), amounts deposited under subsection (t) in a State loan fund established under this section may be used to provide grants for the purpose of addressing emerging contaminants, with a focus on perfluoroalkyl and polyfluoroalkyl substances.
							(ii)Requirements
 (I)Small and disadvantaged communitiesNot less than 25 percent of the amounts described in clause (i) shall be used to provide grants to— (aa)disadvantaged communities (as defined in subsection (d)(3)); or
 (bb)public water systems serving fewer than 25,000 persons. (II)PrioritiesIn selecting the recipient of a grant using amounts described in clause (i), a State shall use the priorities described in subsection (b)(3)(A).;
 (2)in subsection (m)(1), in the matter preceding subparagraph (A), by striking this section and inserting this section, except for subsections (a)(2)(G) and (t); and (3)by adding at the end the following:

						(t)Emerging contaminants
 (1)In generalAmounts made available under this subsection shall be allotted to a State as if allotted under subsection (a)(1)(D) as a capitalization grant, for deposit into the State loan fund of the State, for the purposes described in subsection (a)(2)(G).
 (2)Authorization of appropriationsThere is authorized to be appropriated to carry out this subsection $100,000,000 for each of fiscal years 2020 through 2024, to remain available until expended..
				IIIPFAS Detection
 301.DefinitionsIn this title: (1)DirectorThe term Director means the Director of the United States Geological Survey.
				(2)Perfluorinated compound
 (A)In generalThe term perfluorinated compound means a perfluoroalkyl substance or a polyfluoroalkyl substance that is manmade with at least 1 fully fluorinated carbon atom.
 (B)DefinitionsIn this definition: (i)Fully fluorinated carbon atomThe term fully fluorinated carbon atom means a carbon atom on which all the hydrogen substituents have been replaced by fluorine.
 (ii)Nonfluorinated carbon atomThe term nonfluorinated carbon atom means a carbon atom on which no hydrogen substituents have been replaced by fluorine. (iii)Partially fluorinated carbon atomThe term partially fluorinated carbon atom means a carbon atom on which some, but not all, of the hydrogen substituents have been replaced by fluorine.
 (iv)Perfluoroalkyl substanceThe term perfluoroalkyl substance means a manmade chemical of which all of the carbon atoms are fully fluorinated carbon atoms. (v)Polyfluoroalkyl substanceThe term polyfluoroalkyl substance means a manmade chemical containing a mix of fully fluorinated carbon atoms, partially fluorinated carbon atoms, and nonfluorinated carbon atoms.
						302.Performance standard for the detection of perfluorinated compounds
 (a)In generalThe Director shall establish a performance standard for the detection of perfluorinated compounds. (b)Emphasis (1)In generalIn developing the performance standard under subsection (a), the Director shall emphasize the ability to detect as many perfluorinated compounds present in the environment as possible using analytical methods that—
 (A)achieve limits of quantitation (as defined in the document of the United States Geological Survey entitled Analytical Methods for Chemical Analysis of Geologic and Other Materials, U.S. Geological Survey and dated 2002); and
 (B)are as sensitive as is feasible and practicable.
 (2)RequirementIn developing the performance standard under subsection (a), the Director may— (A)develop quality assurance and quality control measures to ensure accurate sampling and testing;
 (B)develop a training program with respect to the appropriate method of sample collection and analysis of perfluorinated compounds; and
 (C)coordinate with the Administrator, including, if appropriate, coordinating to develop media-specific, validated analytical methods to detect individual and different perfluorinated compounds simultaneously.
						303.Nationwide sampling
 (a)In generalThe Director shall carry out a nationwide sampling to determine the concentration of perfluorinated compounds in estuaries, lakes, streams, springs, wells, wetlands, rivers, aquifers, and soil using the performance standard developed under section 302(a).
 (b)RequirementsIn carrying out the sampling under subsection (a), the Director shall— (1)first carry out the sampling at sources of drinking water near locations with known or suspected releases of perfluorinated compounds;
 (2)when carrying out sampling of sources of drinking water under paragraph (1), carry out the sampling prior to any treatment of the water;
 (3)survey for ecological exposure to perfluorinated compounds, with a priority in determining direct human exposure through drinking water; and
 (4)consult with— (A)States to determine areas that are a priority for sampling; and
 (B)the Administrator— (i)to enhance coverage of the sampling; and
 (ii)to avoid unnecessary duplication. (c)ReportNot later than 90 days after the completion of the sampling under subsection (a), the Director shall prepare a report describing the results of the sampling and submit the report to—
 (1)the Committee on Environment and Public Works and the Committee on Energy and Natural Resources of the Senate;
 (2)the Committee on Energy and Commerce of the House of Representatives; (3)the Senators of each State in which the Director carried out the sampling; and
 (4)each Member of the House of Representatives that represents a district in which the Director carried out the sampling.
					304.Data usage
 (a)In generalThe Director shall provide the sampling data collected under section 303 to— (1)the Administrator; and
 (2)other Federal and State regulatory agencies on request. (b)UsageThe sampling data provided under subsection (a) shall be used to inform and enhance assessments of exposure, likely health and environmental impacts, and remediation priorities.
 305.CollaborationIn carrying out this title, the Director shall collaborate with— (1)appropriate Federal and State regulators;
 (2)institutions of higher education; (3)research institutions; and
 (4)other expert stakeholders. 306.Authorization of appropriationsThere are authorized to be appropriated to the Director to carry out this title—
 (1)$5,000,000 for fiscal year 2020; and (2)$10,000,000 for each of fiscal years 2021 through 2024.
				IVSafe Drinking Water Assistance
 401.DefinitionsIn this title: (1)ContaminantThe term contaminant means any physical, chemical, biological, or radiological substance or matter in water.
 (2)Contaminant of emerging concern; emerging contaminantThe terms contaminant of emerging concern and emerging contaminant mean a contaminant— (A)for which the Administrator has not promulgated a national primary drinking water regulation; and
 (B)that may have an adverse effect on the health of individuals. (3)Federal research strategyThe term Federal research strategy means the coordinated cross-agency plan for addressing critical research gaps related to detecting, assessing exposure to, and identifying the adverse health effects of emerging contaminants in drinking water developed by the Office of Science and Technology Policy in response to the report of the Committee on Appropriations of the Senate accompanying S. 1662 of the 115th Congress (S. Rept. 115–139).
 (4)Technical assistance and supportThe term technical assistance and support includes— (A)assistance with—
 (i)identifying appropriate analytical methods for the detection of contaminants; (ii)understanding the strengths and limitations of the analytical methods described in clause (i);
 (iii)troubleshooting the analytical methods described in clause (i); (B)providing advice on laboratory certification program elements;
 (C)interpreting sample analysis results; (D)providing training with respect to proper analytical techniques;
 (E)identifying appropriate technology for the treatment of contaminants; and (F)analyzing samples, if—
 (i)the analysis cannot be otherwise obtained in a practicable manner otherwise; and (ii)the capability and capacity to perform the analysis is available at a Federal facility.
 (5)Working GroupThe term Working Group means the Working Group established under section 402(b)(1). 402.Research and coordination plan for enhanced response on emerging contaminants (a)In generalThe Administrator shall—
 (1)review Federal efforts— (A)to identify, monitor, and assist in the development of treatment methods for emerging contaminants; and
 (B)to assist States in responding to the human health risks posed by contaminants of emerging concern; and
 (2)in collaboration with owners and operators of public water systems, States, and other interested stakeholders, establish a strategic plan for improving the Federal efforts referred to in paragraph (1).
					(b)Interagency working group on emerging contaminants
 (1)In generalNot later than 180 days after the date of enactment of this Act, the Administrator and the Secretary of Health and Human Services shall jointly establish a Working Group to coordinate the activities of the Federal Government to identify and analyze the public health effects of drinking water contaminants of emerging concern.
 (2)MembershipThe Working Group shall include representatives of the following: (A)The Environmental Protection Agency, appointed by the Administrator.
 (B)The following agencies, appointed by the Secretary of Health and Human Services: (i)The National Institutes of Health.
 (ii)The Centers for Disease Control and Prevention. (iii)The Agency for Toxic Substances and Disease Registry.
 (C)The United States Geological Survey, appointed by the Secretary of the Interior. (D)Any other Federal agency the assistance of which the Administrator determines to be necessary to carry out this subsection, appointed by the head of the respective agency.
 (3)Existing working groupThe Administrator may expand or modify the duties of an existing working group to perform the duties of the Working Group under this subsection.
					(c)National Emerging Contaminant Research Initiative
					(1)Federal research strategy
 (A)In generalNot later than 180 days after the date of enactment of this Act, the Director of the Office of Science and Technology Policy (referred to in this subsection as the Director) shall coordinate with the heads of the agencies described in subparagraph (C) to establish a research initiative, to be known as the National Emerging Contaminant Research Initiative, that shall—
 (i)use the Federal research strategy to improve the identification, analysis, monitoring, and treatment methods of contaminants of emerging concern; and
 (ii)develop any necessary program, policy, or budget to support the implementation of the Federal research strategy, including mechanisms for joint agency review of research proposals, for interagency cofunding of research activities, and for information sharing across agencies.
 (B)Research on emerging contaminantsIn carrying out subparagraph (A), the Director shall— (i)take into consideration consensus conclusions from peer-reviewed, pertinent research on emerging contaminants; and
 (ii)in consultation with the Administrator, identify priority emerging contaminants for research emphasis.
 (C)Federal participationThe agencies referred to in subparagraph (A) include— (i)the National Science Foundation;
 (ii)the National Institutes of Health; (iii)the Environmental Protection Agency;
 (iv)the National Institute of Standards and Technology; (v)the United States Geological Survey; and
 (vi)any other Federal agency that contributes to research in water quality, environmental exposures, and public health, as determined by the Director.
 (D)Participation from additional entitiesIn carrying out subparagraph (A), the Director shall consult with nongovernmental organizations, State and local governments, and science and research institutions determined by the Director to have scientific or material interest in the National Emerging Contaminant Research Initiative.
						(2)Implementation of research recommendations
 (A)In generalNot later than 1 year after the date on which the Director and heads of the agencies described in paragraph (1)(C) establish the National Emerging Contaminant Research Initiative under paragraph (1)(A), the head of each agency described in paragraph (1)(C) shall—
 (i)issue a solicitation for research proposals consistent with the Federal research strategy; and
 (ii)make grants to applicants that submit research proposals selected by the National Emerging Contaminant Research Initiative in accordance with subparagraph (B).
 (B)Selection of research proposalsThe National Emerging Contaminant Research Initiative shall select research proposals to receive grants under this paragraph on the basis of merit, using criteria identified by the Director, including the likelihood that the proposed research will result in significant progress toward achieving the objectives identified in the Federal research strategy.
 (C)Eligible entitiesAny entity or group of 2 or more entities may submit to the head of each agency described in paragraph (1)(C) a research proposal in response to the solicitation for research proposals described in subparagraph (A)(i), including—
 (i)State and local agencies; (ii)public institutions, including public institutions of higher education;
 (iii)private corporations; and (iv)nonprofit organizations.
							(d)Federal technical assistance and support for States
					(1)Study
 (A)In generalNot later than 1 year after the date of enactment of this Act, the Administrator shall conduct a study on actions the Administrator can take to increase technical assistance and support for States with respect to emerging contaminants in drinking water samples.
 (B)Contents of studyIn carrying out the study described in subparagraph (A), the Administrator shall identify— (i)methods and effective treatment options to increase technical assistance and support with respect to emerging contaminants to States, including identifying opportunities for States to improve communication with various audiences about the risks associated with emerging contaminants;
 (ii)means to facilitate access to qualified contract testing laboratory facilities that conduct analyses for emerging contaminants; and
 (iii)actions to be carried out at existing Federal laboratory facilities, including the research facilities of the Administrator, to provide technical assistance and support for States that require testing facilities for emerging contaminants.
 (C)Availability of analytical resourcesIn carrying out the study described in subparagraph (A), the Administrator shall consider— (i)the availability of—
 (I)Federal and non-Federal laboratory capacity; and (II)validated methods to detect and analyze contaminants; and
 (ii)other factors determined to be appropriate by the Administrator. (2)ReportNot later than 18 months after the date of enactment of this Act, the Administrator shall submit to Congress a report describing the results of the study described in paragraph (1).
					(3)Program to provide Federal assistance to States
 (A)In generalNot later than 3 years after the date of enactment of this Act, based on the findings in the report described in paragraph (2), the Administrator shall develop a program to provide technical assistance and support to eligible States for the testing and analysis of emerging contaminants.
						(B)Application
 (i)In generalTo be eligible for technical assistance and support under this paragraph, a State shall submit to the Administrator an application at such time, in such manner, and containing such information as the Administrator may require.
 (ii)CriteriaThe Administrator shall evaluate an application for technical assistance and support under this paragraph on the basis of merit using criteria identified by the Administrator, including—
 (I)the laboratory facilities available to the State; (II)the availability and applicability of existing analytical methodologies;
 (III)the potency and severity of the emerging contaminant, if known; and (IV)the prevalence and magnitude of the emerging contaminant.
 (iii)PrioritizationIn selecting States to receive technical assistance and support under this paragraph, the Administrator—
 (I)shall give priority to States with affected areas primarily in financially distressed communities;
 (II)may— (aa)waive the application process in an emergency situation; and
 (bb)require an abbreviated application process for the continuation of work specified in a previously approved application that continues to meet the criteria described in clause (ii); and
 (III)shall consider the relative expertise and availability of— (aa)Federal and non-Federal laboratory capacity available to the State;
 (bb)analytical resources available to the State; and (cc)other types of technical assistance available to the State.
 (C)Database of available resourcesThe Administrator shall establish and maintain a database of resources available through the program developed under subparagraph (A) to assist States with testing for emerging contaminants that—
 (i)is— (I)available to States and stakeholder groups determined by the Administrator to have scientific or material interest in emerging contaminants, including—
 (aa)drinking water and wastewater utilities; (bb)laboratories;
 (cc)Federal and State emergency responders; (dd)State primacy agencies;
 (ee)public health agencies; and (ff)water associations;
 (II)searchable; and (III)accessible through the website of the Administrator; and
 (ii)includes a description of— (I)qualified contract testing laboratory facilities that conduct analyses for emerging contaminants; and
 (II)the resources available in Federal laboratory facilities to test for emerging contaminants. (D)Water Contaminant Information ToolThe Administrator shall integrate the database established under subparagraph (C) into the Water Contaminant Information Tool of the Environmental Protection Agency.
 (4)FundingOf the amounts available to the Administrator, the Administrator may use not more than $15,000,000 in a fiscal year to carry out this subsection.
 (e)ReportNot less frequently than once every 2 years until 2029, the Administrator shall submit to Congress a report that describes the progress made in carrying out this title.
 (f)EffectNothing in this section modifies any obligation of a State, local government, or Indian Tribe with respect to treatment methods for, or testing or monitoring of, drinking water.
				VMiscellaneous
 501.Department of Defense authoritiesIn addition to any other requirements, when otherwise authorized to expend funds for the purpose of addressing ground or surface water contaminated by a perfluorinated compound, the Secretary of Defense may, to expend those funds, enter into a grant agreement, cooperative agreement, or contract with—
 (1)the local water authority with jurisdiction over the contamination site, including— (A)a public water system (as defined in section 1401 of the Safe Drinking Water Act (42 U.S.C. 300f)); and
 (B)a publicly owned treatment works (as defined in section 212 of the Federal Water Pollution Control Act (33 U.S.C. 1292)); or
 (2)a State, local, or Tribal government. 502.PFAS data callSection 8(a) of the Toxic Substances Control Act (15 U.S.C. 2607(a)) is amended by adding at the end the following:

 (7)PFAS dataNot later than January 1, 2023, the Administrator shall promulgate a rule in accordance with this subsection requiring each person who has manufactured a chemical substance that is a perfluoroalkyl or polyfluoroalkyl substance in any year since January 1, 2006, to submit to the Administrator a report that includes, for each year since January 1, 2006, the information described in paragraph (2)..
 503.Significant new use rule for long-chain PFASNot later than June 22, 2020, the Administrator shall take final action on the significant new use rule proposed by the Administrator under the Toxic Substances Control Act (15 U.S.C. 2601 et seq.) in the proposed rule entitled Long-Chain Perfluoroalkyl Carboxylate and Perfluoroalkyl Sulfonate Chemical Substances; Significant New Use Rule (80 Fed. Reg. 2885 (January 21, 2015)).
			504.PFAS destruction and disposal guidance
 (a)In generalNot later than 1 year after the date of enactment of this Act, the Administrator shall publish interim guidance on the destruction and disposal of perfluoroalkyl and polyfluoroalkyl substances and materials containing perfluoroalkyl and polyfluoroalkyl substances, including—
 (1)aqueous film-forming foam; (2)soil and biosolids;
 (3)textiles treated with perfluoroalkyl and polyfluoroalkyl substances; and (4)spent filters, membranes, and other waste from water treatment.
 (b)Considerations; inclusionsThe interim guidance under subsection (a) shall— (1)take into consideration—
 (A)the potential for releases of perfluoroalkyl and polyfluoroalkyl substances during destruction or disposal, including through volatilization, air dispersion, or leachate; and
 (B)potentially vulnerable populations living near likely destruction or disposal sites; and (2)provide guidance on testing and monitoring air, effluent, and soil near potential destruction or disposal sites for releases described in paragraph (1)(A).
 (c)RevisionsThe Administrator shall publish revisions to the interim guidance under subsection (a) as the Administrator determines to be appropriate, but not less frequently than once every 3 years.
				505.PFAS research and development
 (a)In generalThe Administrator, acting through the Assistant Administrator for the Office of Research and Development, shall—
 (1)(A)further examine the effects of perfluoroalkyl and polyfluoroalkyl substances on human health and the environment; and
 (B)make publicly available information relating to the findings under subparagraph (A); (2)develop a process for prioritizing which perfluoroalkyl and polyfluoroalkyl substances, or classes of perfluoroalkyl and polyfluoroalkyl substances, should be subject to additional research or regulatory efforts that is based on—
 (A)the potential for human exposure to the substances or classes of substances; (B)the potential toxicity of the substances or classes of substances; and
 (C)information available about the substances or classes of substances; (3)develop new tools to characterize and identify perfluoroalkyl and polyfluoroalkyl substances in the environment, including in drinking water, wastewater, surface water, groundwater, solids, and the air;
 (4)evaluate approaches for the remediation of contamination by perfluoroalkyl and polyfluoroalkyl substances in the environment; and
 (5)develop and implement new tools and materials to communicate with the public about perfluoroalkyl and polyfluoroalkyl substances.
 (b)FundingThere is authorized to be appropriated to the Administrator to carry out this section $15,000,000 for each of fiscal years 2020 through 2024.June 19, 2019Reported with an amendment


		I
		112th CONGRESS
		1st Session
		H. R. 37
		IN THE HOUSE OF REPRESENTATIVES

			January 5, 2011
			Mrs. Biggert
			 introduced the following bill; which was referred to the
			 Committee on Ways and
			 Means

		A BILL
		To amend the Internal Revenue Code of 1986 to improve and
		  expand education savings accounts.

		1.Short titleThis Act may be cited as the
			 401Kids Family Savings Act of
			 2011.
		2.Extension of date
			 for sunset of certain education savings incentivesIn
			 the case of the provisions of, and amendments made by, section 401 of the
			 Economic Growth and Tax Relief Reconciliation Act of 2001 (relating to
			 modifications to education individual retirement accounts), section 901 of such
			 Act (relating to sunset of provisions of Act) shall be applied by substituting
			 December 31, 2015 for December 31, 2012 in
			 subsection (a)(1) thereof.
		3.Distributions
			 from education savings accounts for first home purchases treated as qualified
			 distributions
			(a)In
			 GeneralSubsections (b)(1), (d)(2)(A), (d)(2)(B),
			 (d)(2)(C)(ii)(II), and (d)(2)(D) of section 530 of the Internal Revenue Code of
			 1986 are each amended by striking qualified education expenses
			 and inserting qualified expenses.
			(b)Qualified
			 ExpensesSubsection (b) of section 530 of such Code is
			 amended—
				(1)by redesignating
			 paragraphs (2) through (4) as paragraphs (3) through (5), respectively, and by
			 inserting after paragraph (1) the following new paragraph:

						(2)Qualified
				expensesThe term qualified expenses means—
							(A)qualified
				education expenses (as defined in paragraph (3)), and
							(B)qualified
				first-time homebuyer expenses (as defined in paragraph
				(4)).
							,
				and
				(2)by redesignating
			 paragraphs (4) and (5) (as redesignated by paragraph (1)) as paragraphs (5) and
			 (6), respectively, and by inserting after paragraph (3) the following new
			 paragraph:

						(4)Qualified
				first-time homebuyer expensesThe term qualified first-time
				homebuyer expenses means, in the case of a designated beneficiary who is
				a first-time homebuyer, the qualified acquisition costs with respect to a
				principal residence of such beneficiary. Terms used in this paragraph shall
				have the same meaning as when used in section
				72(t)(8).
						.
				(c)Conforming
			 AmendmentThe heading for paragraph (2) of section 530(d) of such
			 Code is amended by striking qualified
			 education expenses and inserting
			 qualified
			 expenses.
			(d)Effective
			 DateThe amendments made by this section shall apply to taxable
			 years beginning after the date of the enactment of this Act.
			4.Rollovers from
			 education savings accounts to roth iras
			(a)In
			 GeneralParagraph (5) of section 530(d) of the Internal Revenue
			 Code of 1986, as amended by section 5, is amended by inserting or a Roth
			 IRA after another 401Kids savings account.
			(b)Conforming
			 AmendmentSubsection (e) of section 408A of such Code is amended
			 by inserting the following after the second sentence: Such term includes
			 a rollover contribution to a Roth IRA from a 401Kids savings account described
			 in section 530(d)(5)..
			(c)Effective
			 DateThe amendments made by this section shall apply to taxable
			 years beginning after the date of the enactment of this Act.
			5.Renaming
			 coverdell education savings accounts as 401KIDS savings accounts
			(a)In
			 GeneralSection 530 of the Internal Revenue Code of 1986 is
			 amended by striking Coverdell education savings account each
			 place it appears and inserting 401Kids savings account.
			(b)Conforming
			 Amendments
				(1)The following
			 provisions of the Internal Revenue Code of 1986 are amended by striking
			 Coverdell education savings each place it appears and inserting
			 401Kids savings:
					(A)Section
			 26(b)(2)(E).
					(B)Section
			 72(e)(9).
					(C)Section
			 135(c)(2)(C).
					(D)Section
			 529(c)(6).
					(E)Section 877A(e)(2).
					(F)Subsections (a)
			 and (e) of section 4973(a).
					(G)Subsections (c)
			 and (e) of section 4975.
					(H)Section
			 6693(a)(2)(E).
					(2)The headings for
			 the following provisions of such Code are amended by striking
			 Coverdell education savings and
			 inserting 401kids
			 savings:
					(A)Section
			 72(e)(9).
					(B)Section
			 135(c)(2)(C).
					(C)Section
			 529(c)(3)(B)(vi).
					(D)Section
			 530(b)(1).
					(E)Section
			 4973(e).
					(F)Section
			 4975(c)(5).
					(3)The heading for
			 section 4973(e) of such Code is amended by striking Coverdell Education Savings and
			 inserting 401Kids
			 Savings.
				(4)The heading for
			 section 530 of such Code is amended to read as follows:

						530.401KIDS savings
				accounts
						.
				(5)The item in the
			 table of contents for part VII of subchapter F of chapter 1 of such Code
			 relating to section 530 is amended to read as follows:

							Sec. 530. 401Kids savings
				accounts.

						.
				(c)Effective
			 DateThe amendments made by this section shall apply to taxable
			 years beginning after the date of the enactment of this Act.


116 HR 4108 IH: Jumpstart on College Act
U.S. House of Representatives
2019-07-30
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I116th CONGRESS1st SessionH. R. 4108IN THE HOUSE OF REPRESENTATIVESJuly 30, 2019Mr. Espaillat (for himself, Mr. Kildee, Mrs. Hayes, Mr. Krishnamoorthi, Ms. Fudge, Mr. Serrano, Mr. Takano, Ms. Barragán, Ms. Moore, Ms. Norton, Ms. Sewell of Alabama, Mr. Engel, Ms. Bonamici, Mr. Raskin, Mr. Cartwright, Mr. Vargas, Ms. Wilson of Florida, Mr. Rush, Mr. Grijalva, and Mr. Horsford) introduced the following bill; which was referred to the Committee on Education and LaborA BILLTo direct the Secretary of Education to make grants to support early college high schools and dual
			 or concurrent enrollment programs.

 1.Short titleThis Act may be cited as the Jumpstart on College Act. 2.PurposeThe purpose of this Act is to increase the percentage of students who complete a recognized postsecondary credential within 100 percent of the normal time for the completion of such credential, including low-income students and students from other populations that are underrepresented in higher education.
 3.DefinitionsIn this Act: (1)Eligible entityThe term eligible entity means an institution of higher education in partnership with one or more local educational agencies (which may be an educational service agency). Such partnership may also include other entities such as nonprofit organizations or businesses.
 (2)Institution of higher educationThe term institution of higher education has the meaning given the term in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001).
 (3)ESEA TermsThe terms dual or concurrent enrollment program, early college high school, educational service agency, four-year adjusted cohort graduation rate, local educational agency, secondary school, and State have the meanings given the terms in section 8101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801).
 (4)Low-income studentThe term low-income student means a student counted under section 1124(c) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6333(c)).
 (5)Recognized postsecondary credentialThe term recognized postsecondary credential has the meaning given the term in section 3 of the Workforce Innovation and Opportunity Act (29 U.S.C. 3102).
 (6)SecretaryThe term Secretary means the Secretary of Education. 4.Authorization of appropriations; reservations (a)In generalTo carry out this Act, there are authorized to be appropriated $250,000,000 for fiscal year 2020 and each of the five succeeding fiscal years.
 (b)ReservationsFrom the funds appropriated under subsection (a) for each fiscal year, the Secretary shall reserve— (1)not less than 40 percent for grants to eligible entities under section 5;
 (2)not less than 55 percent for grants to States under section 6; and (3)not less than 5 percent for national activities under section 8.
				5.Grants to eligible entities
 (a)In generalThe Secretary shall award grants to eligible entities, on a competitive basis, to assist such entities in establishing or supporting an early college high school or dual or concurrent enrollment program in accordance with this section.
 (b)DurationEach grant under this section shall be awarded for a period of 6 years. (c)Grant amountThe Secretary shall ensure that the amount of each grant under this section is sufficient to enable each grantee to carry out the activities described in subsection (h), except that a grant under this section may not exceed $2,000,000.
			(d)Matching requirement
 (1)In generalFor each year that an eligible entity receives a grant under this section, the entity shall contribute matching funds, in the amounts described in paragraph (2), for the activities supported by the grant.
 (2)Amounts describedThe amounts described in this paragraph are— (A)for each of the first and second years of the grant period, 20 percent of the grant amount;
 (B)for each of the third and fourth years of the grant period, 30 percent of the grant amount; (C)for the fifth year of the grant period, 40 percent of the grant amount; and
 (D)for the sixth year of the grant period, 50 percent of the grant amount. (3)Determination of amount contributed (A)In-kind contributionsThe Secretary shall allow an eligible entity to meet the requirements of this subsection through in-kind contributions.
 (B)Non-Federal sourcesNot less than half of each amount described in paragraph (2) shall be provided by the eligible entity from non-Federal sources.
 (e)Supplement, not supplantAn eligible entity shall use a grant received under this section only to supplement funds that would, in the absence of such a grant, be made available from other Federal, State, or local sources for activities supported by the grant, not to supplant such funds.
 (f)PriorityIn awarding grants under this section, the Secretary shall give priority to eligible entities that— (1)propose to establish or support an early college high school or other dual or concurrent enrollment program that will serve a student population of which not less than 51 percent are low-income students;
 (2)include a local educational agency that serves a high school that is— (A)identified for comprehensive support and improvement under section 1111(c)(4)(D)(i) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311(c)(4)(D)(i)); or
 (B)implementing a targeted support and improvement plan as described in section 1111(d)(2) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311(d)(2));
 (3)are from States that provide assistance to early college high schools or other dual enrollment programs, such as assistance to defray the costs of higher education (including costs of tuition, fees, and textbooks); and
 (4)propose to establish or support an early college high school or dual or concurrent enrollment program that meets quality standards established by—
 (A)a nationally recognized accrediting agency or association that offers accreditation specifically for such programs; or
 (B)a State process specifically for the review and approval of such programs. (g)Equitable distributionThe Secretary shall ensure, to the extent practicable, that eligible entities receiving grants under this section—
 (1)are from a representative cross section of— (A)urban, suburban, and rural areas; and
 (B)regions of the United States; and (2)include both 2-year and 4-year institutions of higher education.
				(h)Uses of funds
				(1)Mandatory activities
 (A)In generalAn eligible entity shall use grant funds received under this section— (i)to support the activities described in its application under subsection (i);
 (ii)to create and maintain a coherent system of supports for students, teachers, principals, and faculty under the program, including—
 (I)college and career readiness, academic, and social support services for students; and (II)professional development for teachers, faculty, and principals from the secondary schools and faculty from the institution of higher education, including—
 (aa)joint professional development activities; and (bb)activities to assist such teachers, faculty, and principals in using effective parent and community engagement strategies and to help ensure the success of—
 (AA)students academically at risk of not enrolling in or completing postsecondary education; (BB)first-generation college students; and
 (CC)students described in section 1111(b)(2)(B)(xi) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311(b)(2)(B)(xi));
 (iii)to carry out liaison activities among the partners that comprise the eligible entity pursuant to an agreement or memorandum of understanding documenting commitments, resources, roles, and responsibilities of the partners consistent with the design of the program;
 (iv)for outreach programs to ensure that secondary school students and their families, including students academically at risk of not enrolling in or completing postsecondary education, first-generation college students, and students described in section 1111(b)(2)(B)(xi) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311(b)(2)(B)(xi)), are—
 (I)aware of, and recruited into, the early college high school or dual or concurrent enrollment program; and
 (II)assisted with the process of enrolling and succeeding in the early college high school or program, which may include providing academic support;
 (v)to collect, share, and use data (in compliance with section 444 of the General Education Provisions Act (20 U.S.C. 1232g)) for program improvement and program evaluation; and
 (vi)to review and strengthen its program to maximize the potential that students participating in the program will eventually complete a recognized postsecondary credential, including by optimizing—
 (I)the curriculum of the program; (II)the use of high-quality assessments of student learning, such as performance-based, project-based, or portfolio assessments that measure higher-order thinking skills;
 (III)the sequence of courses offered by the program; and (IV)the alignment of academic calendars between the secondary schools and the institution of higher education participating in the program.
 (B)New programsIn the case of an eligible entity that uses a grant under this section to establish an early college high school or dual or concurrent enrollment program, the entity shall use such funds during the first year of the grant period—
 (i)to design the curriculum and sequence of courses in collaboration with, at a minimum— (I)faculty from the institution of higher education;
 (II)teachers and faculty from the local educational agency; and (III)in the case of a career and technical education program, employers or workforce development entities to ensure that the program is aligned with labor market demand;
 (ii)to develop and implement an articulation agreement between the institution of higher education and the local educational agency that governs how secondary and postsecondary credits will be awarded under the program; and
 (iii)to carry out the activities described in subparagraph (A). (2)Allowable activitiesAn eligible entity may use grant funds received under this section to support the activities described in its application under subsection (i), including by—
 (A)purchasing textbooks and equipment that support the curriculum of the program; (B)pursuant to the assurance provided by the eligible entity under subsection (i)(3)(A), paying tuition and fees for postsecondary courses taken by students under the program;
 (C)incorporating work-based learning opportunities into the program (which may include partnering with entities that provide such opportunities), including—
 (i)internships; (ii)career-based capstone projects;
 (iii)pre-apprenticeships and apprenticeships provided by eligible providers of apprenticeship programs described in section 122(a)(2)(B) of the Workforce Innovation and Opportunity Act (29 U.S.C. 3152(a)(2)(B)); and
 (iv)work-based learning opportunities provided under chapters 1 and 2 of subpart 2 of part A of title IV of the Higher Education Act of 1965 (20 U.S.C. 1070a–11 et seq.);
 (D)providing students with transportation to and from the program; (E)paying costs for—
 (i)high school teachers to obtain the skills, credentials, or industry certifications necessary to teach for the institution of higher education participating in the program; or
 (ii)postsecondary faculty to become certified to teach high school; or (F)providing time during which secondary school teachers and faculty and faculty from an institution of higher education can collaborate, which may include—
 (i)professional development; (ii)the planning of team activities for such teachers and faculty; and
 (iii)curricular design and student assessment. (i)Application (1)In generalTo be eligible to receive a grant under this section, an eligible entity shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require.
 (2)Contents of applicationThe application under paragraph (1) shall include, at minimum, a description of— (A)the partnership that comprises the eligible entity, including documentation of partner commitments, resources and budget, roles, and responsibilities;
 (B)how the partners that comprise the eligible entity will coordinate to carry out the mandatory activities described in subsection (h)(1);
 (C)the number of students intended to be served by the program and demographic information relating to such students;
 (D)how the eligible entity’s curriculum and sequence of courses form a program of study leading to a recognized postsecondary credential;
 (E)how postsecondary credits earned will be transferable to institutions of higher education within the State, including—
 (i)any applicable statewide transfer agreements; and (ii)any provisions of such agreements that are specific to dual or concurrent enrollment programs;
 (F)how the eligible entity will ensure that students understand how credits earned by such students will transfer;
 (G)outreach programs to provide secondary school students, especially those in middle grades, and their parents, teachers, school counselors, and principals information about, and academic preparation for, the early college high school or other dual enrollment program;
 (H)how the eligible entity will determine the eligibility of students for postsecondary courses, including an explanation of the multiple factors the entity will take into account to assess the readiness of students for such courses; and
 (I)the sustainability plan for the early college high school or other dual or concurrent enrollment program.
 (3)AssurancesThe application under paragraph (1) shall include assurances from the eligible entity that— (A)students participating in a program funded with a grant under this section will not be required to pay tuition or fees for postsecondary courses taken under the program;
 (B)postsecondary credits earned by students under the program will be transcribed upon completion of the required course work; and
 (C)instructors of postsecondary courses under the program will meet the same standards applicable to other faculty at the institution of higher education that is participating in the program.
					6.Grants to States
 (a)In generalThe Secretary shall award grants to States, on a competitive basis, to assist States in supporting or establishing early college high schools or dual or concurrent enrollment programs.
 (b)DurationEach grant under this section shall be awarded for a period of 6 years. (c)Grant amountThe Secretary shall ensure that the amount of each grant under this section is sufficient to enable each grantee to carry out the activities described in subsection (f).
 (d)Matching requirementFor each year that a State receives a grant under this section, the State shall provide, from non-Federal sources, an amount equal to 50 percent of the amount of the grant received by the State for such year to carry out the activities supported by the grant.
 (e)Supplement, not supplantA State shall use a grant received under this section only to supplement funds that would, in the absence of such grant, be made available from other Federal, State, or local sources for activities supported by the grant, not to supplant such funds.
			(f)Uses of funds
 (1)Mandatory activitiesA State shall use grant funds received under this section to— (A)support the activities described in its application under subsection (g);
 (B)plan and implement a statewide strategy for expanding access to early college high schools and dual or concurrent enrollment programs for students who are underrepresented in higher education to raise statewide rates of secondary school graduation, readiness for postsecondary education, and completion of recognized postsecondary credentials, with a focus on students academically at risk of not enrolling in or completing postsecondary education;
 (C)identify any obstacles to such a strategy under State law or policy; (D)provide technical assistance (either directly or through a knowledgeable intermediary) to early college high schools and other dual or concurrent enrollment programs, which may include—
 (i)brokering relationships and agreements that forge a strong partnership between elementary and secondary and postsecondary partners; and
 (ii)offering statewide training, professional development, and peer learning opportunities for school leaders, instructors, and counselors or advisors;
 (E)identify and implement policies that will improve the effectiveness and ensure the quality of early college high schools and dual or concurrent enrollment programs, such as eligibility and access, funding, data and quality assurance, governance, accountability, and alignment policies;
 (F)update the State’s requirements for a student to receive a regular high school diploma to align with the challenging State academic standards and entrance requirements for credit-bearing coursework as described in subparagraphs (A) and (D) of section 1111(b)(1) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311(b)(1));
 (G)incorporate indicators regarding student access to and completion of early college high schools and dual or concurrent enrollment programs into the school quality and student success indicators included in the State system of annual meaningful differentiation as described under section 1111(c)(4)(B)(v)(I) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311(c)(4)(B)(v)(I));
 (H)disseminate best practices for early college high schools and dual or concurrent enrollment programs, which may include best practices from programs in the State or other States;
 (I)facilitate statewide secondary and postsecondary data collection, research and evaluation, and reporting to policymakers and other stakeholders; and
 (J)conduct outreach programs to ensure that secondary school students, their families, and community members are aware of early college high schools and dual enrollment programs in the State.
 (2)Allowable activitiesA State may use grant funds received under this section to— (A)establish a mechanism to offset the costs of tuition, fees, and support services for low-income students enrolled in early college high schools or dual or concurrent enrollment programs;
 (B)establish formal transfer systems within and across State higher education systems, including 2-year and 4-year public and private institutions, to maximize the transferability of college courses;
 (C)provide incentives to school districts that— (i)assist high school teachers in getting the credentials needed to participate in early college high school and dual or concurrent enrollment programs; and
 (ii)encourage the use of college instructors to teach college courses in high schools; and (D)support initiatives to improve the quality of early college high school and dual or concurrent enrollment programs at participating institutions, including by assisting such institutions in aligning programs with the quality standards described in section 5(f)(3).
					(g)State applications
 (1)ApplicationTo be eligible to receive a grant under this section, a State shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require.
 (2)Contents of applicationThe application under paragraph (1) shall include, at minimum, a description of— (A)how the State will carry out the mandatory State activities described subsection (f)(1);
 (B)how the State will ensure that any programs funded with a grant under this section are coordinated with programs under—
 (i)the Carl D. Perkins Career and Technical Education Act of 2006 (20 U.S.C. 2301 et seq.); (ii)the Workforce Innovation and Opportunity Act (29 U.S.C. 3101 et seq.);
 (iii)the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6301 et seq.); and (iv)the Individuals with Disabilities Education Act (20 U.S.C. 1400 et seq.);
 (C)how the State intends to use grant funds to address achievement gaps for each category of students described in section 1111(b)(2)(B)(xi) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311(b)(2)(B)(xi)) as identified by the State in its accountability system under section 1111(c) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311(c));
 (D)how the State will access and leverage additional resources necessary to sustain early college high schools or other dual or concurrent enrollment programs;
 (E)how the State will identify and eliminate barriers to implementing effective early college high schools and dual or concurrent enrollment programs after the grant expires, including by engaging businesses and nonprofit organizations; and
 (F)such other information as the Secretary determines to be appropriate. 7.Reporting and oversight (a)In generalNot less frequently than once annually, each State and eligible entity that receives a grant under this Act shall submit to the Secretary a report on the progress of the State or eligible entity in carrying out the programs supported by such grant.
 (b)Form of reportThe report under subsection (a) shall be submitted to the Secretary at such time, in such manner, and containing such information as the Secretary may require. The Secretary shall issue uniform guidelines describing the information that shall be reported by grantees under such subsection.
			(c)Contents of report
 (1)In generalThe report under subsection (a) shall include, at minimum, the following: (A)The number of students enrolled in the early college high school or dual or concurrent enrollment program.
 (B)The number and percentage of students enrolled in the early college high school or dual or concurrent enrollment program who earn a recognized postsecondary credential concurrently with a high school diploma.
 (C)The number of postsecondary credits earned by eligible students while enrolled in the early college high school or dual or concurrent enrollment program that may be applied toward a recognized postsecondary credential.
 (D)The number and percentage of students who earn a high school diploma. (E)The total number and percentage of eligible students who enroll in and subsequently complete the early college high school or dual or concurrent enrollment program.
 (F)The number and percentage of graduates who enroll in postsecondary education, in military service, and in employment.
 (2)Categories of studentsThe information described in each of subparagraphs (A) through (F) of paragraph (1) shall be set forth separately for each category of students described in section 1111(b)(2)(B)(xi) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311(b)(2)(B)(xi)).
				8.National activities
 (a)Reporting by SecretaryNot less frequently than once annually, the Secretary shall submit to Congress a report that includes—
 (1)an analysis of the information received from States and eligible entities under section 7; (2)an identification of best practices for carrying out programs supported by grants under this Act; and
 (3)the results of the evaluation under subsection (b). (b)National evaluationNot later than 6 months after the date of the enactment of this Act, the Secretary shall seek to enter into a contract with an independent entity to perform an evaluation of the grants awarded under this Act. Such evaluation shall apply rigorous procedures to obtain valid and reliable data concerning student outcomes by social and academic characteristics and monitor the progress of students from secondary school to and through postsecondary education.
 (c)Technical assistanceThe Secretary shall provide technical assistance to States and eligible entities concerning best practices and quality improvement programs in early college high schools and dual or concurrent enrollment programs and shall disseminate such best practices among eligible entities, States, and local educational agencies.
 (d)Administrative costsFrom amounts reserved to carry out this section under section 4(b)(3), the Secretary may reserve such sums as may be necessary for the direct administrative costs of carrying out the Secretary’s responsibilities under this Act.
			9.Rules of construction
 (a)EmployeesNothing in this Act shall be construed to alter or otherwise affect the rights, remedies, and procedures afforded to the employees of local educational agencies (including schools) or institutions of higher education under Federal, State, or local laws (including applicable regulations or court orders) or under the terms of collective bargaining agreements, memoranda of understanding, or other agreements between such employees and their employers.
 (b)Graduation rateA student who graduates from an early college high school supported by a grant under section 5 within 100 percent of the normal time for completion described in the eligible entity’s application under such section shall be counted in the four-year adjusted cohort graduation rate for such high school.


114 HR 6037 IH: Sam Farr Peace Corps Enhancement Act
U.S. House of Representatives
2016-09-15
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I114th CONGRESS2d SessionH. R. 6037IN THE HOUSE OF REPRESENTATIVESSeptember 15, 2016Mr. Poe of Texas (for himself and Mr. Farr) introduced the following bill; which was referred to the Committee on Foreign Affairs, and in addition to the Committee on Oversight and Government Reform, for a period to be subsequently determined by the Speaker, in each case for consideration of such
			 provisions as fall within the jurisdiction of the committee concernedA BILLTo amend the Peace Corps Act to expand services and benefits for volunteers, and for other
			 purposes.

 1.Short titleThis Act may be cited as the Sam Farr Peace Corps Enhancement Act. 2.Provisions for current and former volunteers of the peace corps (a)Enhanced compensation benefits (1)In generalSection 8142 of title 5, United States Code, is amended—
 (A)in subsection (c)— (i)in paragraph (1), by striking GS–7 and inserting GS–11; and
 (ii)by striking paragraph (2) and redesignating paragraphs (3) and (4) as paragraphs (2) and (3), respectively; and
 (B)by adding at the end the following new subsection:  (d) (1)The Director of the Peace Corps shall provide the initial furnishing of medical and other benefits under section 8103(b) of this title to any former volunteer for the 180-day period beginning on the date of termination of the service of such volunteer, to the extent that the Director determines that such benefits are given with respect to an injury that is probably compensable under this section (as such term is defined for purposes of section 8103(b)). The provision of such benefits may be authorized directly or by the certification of vouchers, in accordance with section 8103(b).
 (2)A volunteer may not be provided medical or other benefits pursuant to paragraph (1) unless the injury with respect to which such benefits would be provided was proximately caused by the employment of such volunteer under subsection (c)(2).
 (3)Notwithstanding the 180-day limitation period under paragraph (1), a volunteer may receive medical or other benefits provided pursuant to such paragraph with respect to an injury until the date on which the Secretary of Labor makes a final determination with respect to compensation for such injury under this section, if the volunteer applied for such compensation before the last day of such limitation period.
 (4)The Director shall require any employee of the Peace Corps who provides health care to former volunteers under this subsection to consult with health experts outside the Peace Corps, including experts in mental health, in order to provide the best standard of care..
 (2)ApplicabilityThe amendments made by paragraph (1)(A) shall apply with respect to any compensation paid pursuant to section 8142 of title 5, United States Code, on or after the date of the enactment of this Act.
 (b)Health care for volunteers; criminal liability for acts against volunteersSection 5 of the Peace Corps Act (22 U.S.C. 2504) is amended— (1)in subsection (e), by striking receive such immunization and dental care preparatory to their service and inserting receive, preparatory to their service, such immunization and dental care, and (in accordance with subsection (o)) such trial prescriptions;
 (2)in subsection (h)— (A)by striking section, and and inserting section),; and
 (B)by inserting before the period at the end the following: , and paragraph (3)(A)(i) of section 3502 of title 44, United States Code, with respect to the collection of information under subchapter I of chapter 35 of such title by the Inspector General of the Peace Corps; and
 (3)by adding at the end the following new subsections:  (o)The Director of the Peace Corps may only prescribe mefloquine to a volunteer, including as a trial prescription to a volunteer who chooses to use such medication before such volunteer travels to a post, on an individual basis and in accordance with relevant recommendations or guidelines issued by the Director of the Centers for Disease Control and Prevention or the Commissioner of Food and Drugs, after counseling such volunteer about the benefits, risks, and side effects of each available medication for the prophylaxis of malaria. The Director shall monitor the volunteer during the course of such prescription for the development of any side effects, evaluate the volunteer at the completion of such course for evidence of neuropsychiatric symptoms, and report to the Director of the Centers for Disease Control and Prevention and the Commissioner of Food and Drugs any such side effects or symptoms. A volunteer may only switch to the use of mefloquine from another drug for the prophylaxis of malaria while serving at a post if another medication for the prophylaxis of malaria is simultaneously provided to such volunteer in a manner that ensures continuous protection against malaria.
 (p)It is the policy of the United States to recognize the importance of Peace Corps volunteers and the core function that such volunteers play within the agency. The President should therefore prioritize the provision of health care services and necessary safety and security support for all volunteers.
						(q)
 (1)Whoever engages in conduct outside the United States against a volunteer that would constitute an offense under any section listed in paragraph (2) if the conduct had been engaged in within the special maritime and territorial jurisdiction of the United States (as defined in section 7 of title 18, United States Code) shall be punished as provided for that offense.
 (2)The sections listed in this paragraph are sections 113, 1111, 1112, 1113, 1117 (to the extent that such section applies to section 1111), 1201, 2241, 2242, 2244, and 2261A of title 18, United States Code.
 (3)For purposes of this subsection, paragraph (9)(B) (regarding residences in foreign States) of section 7 of title 18, United States Code, shall include the residences used by volunteers in foreign States and the land appurtenant or ancillary thereto, irrespective of ownership..
				3.Provisions regarding employees of the peace corps
 Section 7 of the Peace Corps Act (22 U.S.C. 2506) is amended— (1)in subsection (a)—
 (A)in paragraph (5), by inserting or paragraph (8) after paragraph (6); and (B)by adding at the end the following new paragraph:

						(8)
 (A)The Director of the Peace Corps may designate a position as a critical management support position if the position requires specialized technical or professional skills and knowledge of Peace Corps operations, such as positions that involve volunteer health services, financial management, information technology, procurement, personnel, legal services, or security.
 (B)Notwithstanding any limitation set forth in paragraph (2) and subject to subparagraph (C), an appointment or assignment to a critical management support position designated under subparagraph (A) of this paragraph or an extension of such appointment or assignment shall be for a term of not more than five years.
 (C)The Director shall ensure that any decision regarding an appointment, assignment, or extension of such appointment or assignment to a critical management support position shall be consistent with Peace Corps policies and based on operational and programmatic factors.; and
 (2)by adding at the end the following new subsection:  (d) (1) (A)The President shall ensure that each overseas post has the services of a medical office to provide health care to volunteers, consistent in size and scope with the needs of the Peace Corps at such post, including, if necessary, by detailing to any such post the licensed medical staff of other United States departments, agencies, or establishments.
 (B)An individual may be hired as a Peace Corps Medical Officer after consideration of the following criteria:
 (i)Medical training, experience, accreditations, and other qualifications. (ii)Administrative capabilities.
 (iii)Understanding of the local language and culture. (iv)Ability to work in the English language.
 (v)Interpersonal skills. (vi)Record of performance.
 (vii)Any other factors the Director of the Peace Corps determines appropriate. (2)The Director of the Peace Corps shall ensure that each Peace Corps Medical Officer serving in a malaria-endemic country receives training in the recognition of the side effects caused by the use of mefloquine and the data supporting the patient information handouts required by the Food and Drug Administration regarding mefloquine, including the potential capacity of the drug to cause permanent neuropsychiatric effects.
						.
 4.Monitoring training recordsSection 8 of the Peace Corps Act (22 U.S.C. 2507) is amended by adding at the end the following new subsection:

 (c)The President shall implement procedures to maintain a written record verifying the attendance of each individual completing training provided to meet each requirement in this section and sections 8A, 8B, and 8F..
 5.Additional disclosures to applicants for enrollment as volunteersSubsection (d) of section 8A of the Peace Corps Act (22 U.S.C. 2507a(d)) is amended to read as follows:

 (d)Information regarding crimes and risksEach applicant for enrollment as a volunteer shall be provided, with respect to the country in which the applicant has been invited to serve, with information regarding crimes against and risks to volunteers, including an overview of past crimes against volunteers in such country, the current early termination rate of volunteers serving in such country, any health risks prevalent in such country, and the level of satisfaction reported by volunteers serving in such country. Upon receiving such information, the applicant shall have the option to timely decline the invitation without retaliation and with priority to be invited to serve in a different country..
 6.Office of victim advocacySection 8C of the Peace Corps Act (22 U.S.C. 2507c) is amended by striking subsection (e). 7.Reform and extension of the sexual assault advisory councilSection 8D of the Peace Corps Act (22 U.S.C. 2507d) is amended—
 (1)in subsection (b)— (A)by striking not less than 8 individuals and inserting not fewer than 8 and not more than 14 individuals;
 (B)by inserting after the first sentence the following new sentence: At least one member shall also have expertise in the field of mental health.; and (C)by adding at the end the following new sentence: There shall be no limit to the number of terms an individual may serve as a member of the Council.;
 (2)in subsection (c)— (A)by inserting and the implementation of such policy after section 8B; and
 (B)by adding at the end the following new sentence: To carry out the functions in this subsection, the Council shall have access, including to interview or visit, to volunteers and staff in the field, to volunteer surveys under section 8E, and to all data collected from restricted reporting, except that the Council may not have access to any personally identifying information associated with such surveys or data.; and
 (3)in subsection (g), by striking 2018 and inserting 2023. 8.Publication requirement for volunteer surveysSection 8E of the Peace Corps Act (22 U.S.C. 2507e) is amended—
 (1)in subsection (b), by inserting after the first sentence the following new sentence: The President shall ensure that each performance plan under this subsection for a Peace Corps representative includes a consideration of the results, with respect to such representative and the country of service of such representative, of each survey under subsection (c).; and
 (2)in subsection (c)— (A)by striking 2018 in the first sentence and inserting 2023; and
 (B)by adding at the end the following new sentences: The President shall publish on a publicly available website of the Peace Corps the results of each survey related to volunteer satisfaction in each country in which volunteers serve, and the early termination rate of volunteers serving in each such country. The information published shall be posted in an easily accessible place near the description of the appropriate country and shall be written in an easily understood manner..
 9.Confidential access to the sexual assault advisory council for volunteersSection 8G of the Peace Corps Act (22 U.S.C. 2507g) is amended by adding at the end the following new subsection:

				(d)Confidential access
 (1)Confidential advisory council emailThe Sexual Assault Advisory Council established under section 8D shall establish an email address to permit volunteers (including former volunteers) to communicate directly and confidentially with such Council. No employee of the Peace Corps may access or monitor the email received by or sent from such address.
 (2)Use of confidential email for case reviewAny volunteer may write to the email address established under paragraph (1) to request such Council to—
 (A)review the manner in which the Peace Corps handled a case of such volunteer relating to sexual assault; and
 (B)determine whether the Peace Corps acted in accordance with all relevant policies. (3)NotificationThe Director shall ensure that every volunteer and former volunteer is notified of the confidential email address established under paragraph (1)..
 10.Experts and consultants for the inspector generalSection 13 of the Peace Corps Act (22 U.S.C. 2512) is amended— (1)in subsection (a), by striking Section and inserting section; and
 (2)by adding at the end the following new subsection:  (c)An expert, consultant, or organization thereof employed pursuant to subsection (a) by the Inspector General of the Peace Corps may be compensated without regard to the daily equivalent of the highest rate payable under section 5332 of title 5, United States Code..