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PFAS Accountability Act of 2021
Legislative Progress
Momentum (last 30 days)
0
score
0 actions · 0 new cosponsors · 0 votes
Speed vs cohort
87pct
180d open
vs 9,698 other HR bills in the 117th — cohort avg 63d
PFAS Accountability Act of 2021 This bill provides a cause of action under the Toxic Substances Control Act for individuals or classes of individuals who were significantly exposed to perfluoroalkyl or polyfluoroalkyl substances, commonly referred to as PFAS. These substances are man-made and may have adverse human health effects. A variety of products contain the compounds, such as nonstick cookware or weatherproof clothing. Specifically, the bill provides a cause of action those who were significantly exposed to PFAS (or have reasonable grounds to believe they were exposed) against persons who engaged in any portion of a manufacturing process that created the PFAS and foresaw (or reasonably should have foreseen) the creation or use of PFAS would result in human exposure. The bill authorizes a court to award medical monitoring to claimants if (1) they have been significantly exposed to PFAS, (2) they have an increased risk of developing a disease associated with such exposure, (3) the increased risk provides a reasonable basis to conclude that periodic diagnostic medical examinations is necessary, and (4) the medical examinations are effective in detecting a disease associated with PFAS exposure. The bill establishes a presumption of significant exposure to PFAS if the claimant (1) provides medical results proving the presence of PFAS in the body, or (2) demonstrates the defendant's manufacturing process created the PFAS to which the claimant was exposed and the PFAS were released into one or more areas where the claimant would have been exposed for at least one year.
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Filing registrants (3)
2022 · fourth_quarter · Environment/Superfund
Superfund Excise Tax Full or Partial Repeal - Infrastructure Investment and Jobs Act reinstatement of the Superfund excise tax led to NACD advocating for full or partial repeal of the Superfund excise tax. Additionally, NACD advocated for Congress to put pressure on the Internal Revenue Service (IRS) and Department of Treasury to issue additional guidance on the excise tax due to unclear initial guidance that left taxpayers guessing as to what should be taxed. The Superfund Tax on chemicals was sold as a fee on chemicals, but it is really a new tax on consumers. The 42 chemicals identified for taxation are the building blocks for a limitless number of goods, including steel, plastics, wood products, copper, cement, glass, pesticides, fungicides, pharmaceuticals, rubber, paint and coatings, batteries, solar panels, soap and detergents, ceramics, textiles, semiconductors, water treatment, light bulbs, refrigerants, dental fillings, fireworks and consumer electronics. The Superfund Tax on chemicals will also impede the goals of the Bipartisan Infrastructure Framework by making the components of infrastructure more expensive-including clean energy building blocks such as renewable energy, advanced coatings, energy efficiency solutions and electric vehicle (EV) infrastructure. The Superfund Tax on chemicals will also make U.S. manufacturers less competitive. NACD advocated for full repeal of the Superfund Tax in 2022, as well as partial repeal/exclusion of certain specific chemicals not manufactured in the US. While we awaited more information from the IRS, Congress passed the Inflation Reduction Act of 2022, which reinstated the Hazardous Substance Superfund Financing Tax Rate on Crude Oil and Petroleum Products. The tax will go into effect on January 1, 2023, and will be applied upon importation of the petroleum products. This is likely to have an impact on NACD members. NACD engaged in congressional advocacy to eliminate or limit the scope of the Superfund tax, including working with representatives and senators to send letters to Treasury/IRS, and educating offices on key committees about our compliance challenges. The legislative team secured a letter to Treasury Secretary Janet Yellen that was signed by eleven bipartisan U.S. House of Representatives members urging the IRS to issue guidance on the Superfund tax. NACD advocated against legislation that would impose blanket bans of Per- and polyfluoroalkyl substances (PFAS) class of chemicals. Specifically, NACD advocated against H.R. 2467, the PFAS Action Act of 2021, introduced by Congresswoman Debbie Dingell (D-MI-12), which would direct the Environmental Protection Agency (EPA) to designate the PFAS perfluorooctanoic acid (PFOA) and perfluorooctanesulfonic acid (PFOS) as a hazardous substances under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA), thereby requiring remediation of releases of those PFAS into the environment, and within five years, the EPA must determine whether the remaining PFAS should be designated as hazardous substances. Additionally, NACD advocated against certain provisions in the PFAS Accountability Act (H.R. 2751 - introduced by Rep. Madeleine Dean (D-PA-04) and S. 1334 - introduced by Sen. Kristen Gillibrand (D-NY)) that would create a federal right of action - the ability to bring a lawsuit as an individual or as part of a class action - for individuals significantly exposed to PFAS chemicals in order to encourage PFAS research and provide accountability for irresponsible PFAS manufacturing and irresponsible use of PFAS in manufacturing. The bill would amend the Toxic Substances Control Act by providing that an individual who is significantly exposed to PFAS or has reasonable grounds to suspect significant PFAS exposure may bring a claim, as an individual or on behalf of a class, in any federal district court for appropriate legal and equitable relief against any PFAS manufacturer. NACD's opposition to the PFAS Accountability Act was in regards to the broad scope of "bringing a claim against persons who engaged in any portion of a manufacturing process that created the PFAS" which could be construed to include chemical distribution even though there was no manufacturing taking place.
Referred to the Subcommittee on the Constitution, Civil Rights, and Civil Liberties.
Referred to the Subcommittee on Environment and Climate Change.
Referred to the Committee on Energy and Commerce, and in addition to the Committee on the Judiciary, 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 concerned.
Introduced in House
Congress.gov source codes: 1000, Intro-H
Bills with similar content found using semantic analysis.
Sources: Congress.gov
Client expense: $40,000 · Firm income: Not reported
Government targets: HOUSE OF REPRESENTATIVES, SENATE
2022 · fourth_quarter · Chemicals/Chemical Industry
Superfund Excise Tax Full or Partial Repeal - Infrastructure Investment and Jobs Act reinstatement of the Superfund excise tax led to NACD advocating for full or partial repeal of the Superfund excise tax. Additionally, NACD advocated for Congress to put pressure on the Internal Revenue Service (IRS) and Department of Treasury to issue additional guidance on the excise tax due to unclear initial guidance that left taxpayers guessing as to what should be taxed. The Superfund Tax on chemicals was sold as a fee on chemicals, but it is really a new tax on consumers. The 42 chemicals identified for taxation are the building blocks for a limitless number of goods, including steel, plastics, wood products, copper, cement, glass, pesticides, fungicides, pharmaceuticals, rubber, paint and coatings, batteries, solar panels, soap and detergents, ceramics, textiles, semiconductors, water treatment, light bulbs, refrigerants, dental fillings, fireworks and consumer electronics. The Superfund Tax on chemicals will also impede the goals of the Bipartisan Infrastructure Framework by making the components of infrastructure more expensive-including clean energy building blocks such as renewable energy, advanced coatings, energy efficiency solutions and electric vehicle (EV) infrastructure. The Superfund Tax on chemicals will also make U.S. manufacturers less competitive. NACD advocated for full repeal of the Superfund Tax in 2022, as well as partial repeal/exclusion of certain specific chemicals not manufactured in the US. While we awaited more information from the IRS, Congress passed the Inflation Reduction Act of 2022, which reinstated the Hazardous Substance Superfund Financing Tax Rate on Crude Oil and Petroleum Products. The tax will go into effect on January 1, 2023, and will be applied upon importation of the petroleum products. This is likely to have an impact on NACD members. NACD engaged in congressional advocacy to eliminate or limit the scope of the Superfund tax, including working with representatives and senators to send letters to Treasury/IRS, and educating offices on key committees about our compliance challenges. The legislative team secured a letter to Treasury Secretary Janet Yellen that was signed by eleven bipartisan U.S. House of Representatives members urging the IRS to issue guidance on the Superfund tax. NACD advocated against legislation that would impose blanket bans of Per- and polyfluoroalkyl substances (PFAS) class of chemicals. Specifically, NACD advocated against H.R. 2467, the PFAS Action Act of 2021, introduced by Congresswoman Debbie Dingell (D-MI-12), which would direct the Environmental Protection Agency (EPA) to designate the PFAS perfluorooctanoic acid (PFOA) and perfluorooctanesulfonic acid (PFOS) as a hazardous substances under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA), thereby requiring remediation of releases of those PFAS into the environment, and within five years, the EPA must determine whether the remaining PFAS should be designated as hazardous substances. Additionally, NACD advocated against certain provisions in the PFAS Accountability Act (H.R. 2751 - introduced by Rep. Madeleine Dean (D-PA-04) and S. 1334 - introduced by Sen. Kristen Gillibrand (D-NY)) that would create a federal right of action - the ability to bring a lawsuit as an individual or as part of a class action - for individuals significantly exposed to PFAS chemicals in order to encourage PFAS research and provide accountability for irresponsible PFAS manufacturing and irresponsible use of PFAS in manufacturing. The bill would amend the Toxic Substances Control Act by providing that an individual who is significantly exposed to PFAS or has reasonable grounds to suspect significant PFAS exposure may bring a claim, as an individual or on behalf of a class, in any federal district court for appropriate legal and equitable relief against any PFAS manufacturer. NACD's opposition to the PFAS Accountability Act was in regards to the broad scope of "bringing a claim against persons who engaged in any portion of a manufacturing process that created the PFAS" which could be construed to include chemical distribution even though there was no manufacturing taking place. NACD advocated for legislation to be introduced that provides long-term reauthorization of the Department of Homeland Security's Chemical Facility Anti-Terrorism Standards (CFATS) program, administered by the Cybersecurity and Infrastructure Security Agency, before the program sunsets on July 27, 2023. This advocacy was intended educate Congress on the CFATS program and to bring awareness to the impending expiration of the program in July 2023.
Client expense: $40,000 · Firm income: Not reported
Government targets: HOUSE OF REPRESENTATIVES, SENATE
2022 · third_quarter · Environment/Superfund
Superfund Excise Tax Full or Partial Repeal - Infrastructure Investment and Jobs Act reinstatement of the Superfund excise tax led to NACD advocating for full or partial repeal of the Superfund excise tax. Additionally, NACD advocated for Congress to put pressure on the Internal Revenue Service (IRS) and Department of Treasury to issue additional guidance on the excise tax due to unclear initial guidance that left taxpayers guessing as to what should be taxed. The Superfund Tax on chemicals was sold as a fee on chemicals, but it is really a new tax on consumers. The 42 chemicals identified for taxation are the building blocks for a limitless number of goods, including steel, plastics, wood products, copper, cement, glass, pesticides, fungicides, pharmaceuticals, rubber, paint and coatings, batteries, solar panels, soap and detergents, ceramics, textiles, semiconductors, water treatment, light bulbs, refrigerants, dental fillings, fireworks and consumer electronics. The Superfund Tax on chemicals will also impede the goals of the Bipartisan Infrastructure Framework by making the components of infrastructure more expensive-including clean energy building blocks such as renewable energy, advanced coatings, energy efficiency solutions and electric vehicle (EV) infrastructure. The Superfund Tax on chemicals will also make U.S. manufacturers less competitive. NACD advocated for full repeal of the Superfund Tax in 2022, as well as partial repeal/exclusion of certain specific chemicals not manufactured in the US. While we awaited more information from the IRS, Congress passed the Inflation Reduction Act of 2022, which reinstated the Hazardous Substance Superfund Financing Tax Rate on Crude Oil and Petroleum Products. The tax will go into effect on January 1, 2023, and will be applied upon importation of the petroleum products. This is likely to have an impact on NACD members. NACD engaged in congressional advocacy to eliminate or limit the scope of the Superfund tax, including working with representatives and senators to send letters to Treasury/IRS, and educating offices on key committees about our compliance challenges. The legislative team secured a letter to Treasury Secretary Janet Yellen that was signed by eleven bipartisan U.S. House of Representatives members urging the IRS to issue guidance on the Superfund tax. NACD advocated against legislation that would impose blanket bans of Per- and polyfluoroalkyl substances (PFAS) class of chemicals. Specifically, NACD advocated against H.R. 2467, the PFAS Action Act of 2021, introduced by Congresswoman Debbie Dingell (D-MI-12), which would direct the Environmental Protection Agency (EPA) to designate the PFAS perfluorooctanoic acid (PFOA) and perfluorooctanesulfonic acid (PFOS) as a hazardous substances under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA), thereby requiring remediation of releases of those PFAS into the environment, and within five years, the EPA must determine whether the remaining PFAS should be designated as hazardous substances. Additionally, NACD advocated against certain provisions in the PFAS Accountability Act (H.R. 2751 - introduced by Rep. Madeleine Dean (D-PA-04) and S. 1334 - introduced by Sen. Kristen Gillibrand (D-NY)) that would create a federal right of action - the ability to bring a lawsuit as an individual or as part of a class action - for individuals significantly exposed to PFAS chemicals in order to encourage PFAS research and provide accountability for irresponsible PFAS manufacturing and irresponsible use of PFAS in manufacturing. The bill would amend the Toxic Substances Control Act by providing that an individual who is significantly exposed to PFAS or has reasonable grounds to suspect significant PFAS exposure may bring a claim, as an individual or on behalf of a class, in any federal district court for appropriate legal and equitable relief against any PFAS manufacturer. NACD's opposition to the PFAS Accountability Act was in regards to the broad scope of "bringing a claim against persons who engaged in any portion of a manufacturing process that created the PFAS" which could be construed to include chemical distribution even though there was no manufacturing taking place.
Client expense: $40,000 · Firm income: Not reported
Government targets: HOUSE OF REPRESENTATIVES, SENATE
2022 · third_quarter · Chemicals/Chemical Industry
Superfund Excise Tax Full or Partial Repeal - Infrastructure Investment and Jobs Act reinstatement of the Superfund excise tax led to NACD advocating for full or partial repeal of the Superfund excise tax. Additionally, NACD advocated for Congress to put pressure on the Internal Revenue Service (IRS) and Department of Treasury to issue additional guidance on the excise tax due to unclear initial guidance that left taxpayers guessing as to what should be taxed. The Superfund Tax on chemicals was sold as a fee on chemicals, but it is really a new tax on consumers. The 42 chemicals identified for taxation are the building blocks for a limitless number of goods, including steel, plastics, wood products, copper, cement, glass, pesticides, fungicides, pharmaceuticals, rubber, paint and coatings, batteries, solar panels, soap and detergents, ceramics, textiles, semiconductors, water treatment, light bulbs, refrigerants, dental fillings, fireworks and consumer electronics. The Superfund Tax on chemicals will also impede the goals of the Bipartisan Infrastructure Framework by making the components of infrastructure more expensive-including clean energy building blocks such as renewable energy, advanced coatings, energy efficiency solutions and electric vehicle (EV) infrastructure. The Superfund Tax on chemicals will also make U.S. manufacturers less competitive. NACD advocated for full repeal of the Superfund Tax in 2022, as well as partial repeal/exclusion of certain specific chemicals not manufactured in the US. While we awaited more information from the IRS, Congress passed the Inflation Reduction Act of 2022, which reinstated the Hazardous Substance Superfund Financing Tax Rate on Crude Oil and Petroleum Products. The tax will go into effect on January 1, 2023, and will be applied upon importation of the petroleum products. This is likely to have an impact on NACD members. NACD engaged in congressional advocacy to eliminate or limit the scope of the Superfund tax, including working with representatives and senators to send letters to Treasury/IRS, and educating offices on key committees about our compliance challenges. The legislative team secured a letter to Treasury Secretary Janet Yellen that was signed by eleven bipartisan U.S. House of Representatives members urging the IRS to issue guidance on the Superfund tax. NACD advocated against legislation that would impose blanket bans of Per- and polyfluoroalkyl substances (PFAS) class of chemicals. Specifically, NACD advocated against H.R. 2467, the PFAS Action Act of 2021, introduced by Congresswoman Debbie Dingell (D-MI-12), which would direct the Environmental Protection Agency (EPA) to designate the PFAS perfluorooctanoic acid (PFOA) and perfluorooctanesulfonic acid (PFOS) as a hazardous substances under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA), thereby requiring remediation of releases of those PFAS into the environment, and within five years, the EPA must determine whether the remaining PFAS should be designated as hazardous substances. Additionally, NACD advocated against certain provisions in the PFAS Accountability Act (H.R. 2751 - introduced by Rep. Madeleine Dean (D-PA-04) and S. 1334 - introduced by Sen. Kristen Gillibrand (D-NY)) that would create a federal right of action - the ability to bring a lawsuit as an individual or as part of a class action - for individuals significantly exposed to PFAS chemicals in order to encourage PFAS research and provide accountability for irresponsible PFAS manufacturing and irresponsible use of PFAS in manufacturing. The bill would amend the Toxic Substances Control Act by providing that an individual who is significantly exposed to PFAS or has reasonable grounds to suspect significant PFAS exposure may bring a claim, as an individual or on behalf of a class, in any federal district court for appropriate legal and equitable relief against any PFAS manufacturer. NACD's opposition to the PFAS Accountability Act was in regards to the broad scope of "bringing a claim against persons who engaged in any portion of a manufacturing process that created the PFAS" which could be construed to include chemical distribution even though there was no manufacturing taking place. NACD advocated for legislation to be introduced that provides long-term reauthorization of the Department of Homeland Security's Chemical Facility Anti-Terrorism Standards (CFATS) program, administered by the Cybersecurity and Infrastructure Security Agency, before the program sunsets on July 27, 2023. This advocacy was intended educate Congress on the CFATS program and to bring awareness to the impending expiration of the program in July 2023.
Client expense: $40,000 · Firm income: Not reported
Government targets: HOUSE OF REPRESENTATIVES, SENATE
2022 · fourth_quarter · Chemicals/Chemical Industry
Perfluorinated Alkyl Substances (PFAS) policy impacts on paper industry HR 2467,PFAC Action Act National Defense Authorization Act PFAS provisions HR 2751, S 1334, Clean Water Standards for PFAS Act HR 6026, S 3169, Keep Food Containers Safe from PFAS Act Hassan Amendment #2 to S 4348, the FDASLA Act EPA proposed rule to list PFOA and PFOS as hazardous under CERLCA
Client expense: $610,000 · Firm income: Not reported
Government targets: HOUSE OF REPRESENTATIVES, SENATE
2022 · third_quarter · Chemicals/Chemical Industry
Perfluorinated Alkyl Substances (PFAS) policy impacts on paper industry HR 2467,PFAC Action Act National Defense Authorization Act PFAS provisions HR 2751, S 1334, Clean Water Standards for PFAS Act HR 6026, S 3169, Keep Food Containers Safe from PFAS Act Hassan Amendment #2 to S 4348, the FDASLA Act EPA proposed rule to list PFOA and PFOS as hazardous under CERLCA
Client expense: $520,000 · Firm income: Not reported
Government targets: HOUSE OF REPRESENTATIVES, SENATE
2022 · second_quarter · Chemicals/Chemical Industry
Perfluorinated Alkyl Substances (PFAS) policy impacts on paper industry HR 2467,PFAC Action Act National Defense Authorization Act PFAS provisions HR 2751, S 1334, Clean Water Standards for PFAS Act HR 6026, S 3169, Keep Food Containers Safe from PFAS Act Hassan Amendment #2 to S 4348, the FDASLA Act EPA proposed rule to list PFOA and PFOS as hazardous under CERLCA
Client expense: $690,000 · Firm income: Not reported
Government targets: HOUSE OF REPRESENTATIVES, SENATE
2022 · first_quarter · Chemicals/Chemical Industry
Perfluorinated Alkyl Substances (PFAS) HR 2467,PFAC Action Act National Defense Authorization Act PFAS provisions HR 2751, S 1334, Clean Water Standards for PFAS Act HR 6026, S 3169, Keep Food Containers Safe from PFAS Act EPA proposed rule to list PFOA and PFOS as hazardous under CERLCA
Client expense: $570,000 · Firm income: Not reported
Government targets: HOUSE OF REPRESENTATIVES, SENATE
2021 · fourth_quarter · Chemicals/Chemical Industry
Perfluorinated Alkyl Substances (PFAS) in Paper Products HR 2467,PFAC Action Act National Defense Authorization Act PFAS provisions HR 2751, S 1334, Clean Water Standards for PFAS Act HR 6026, S 3169, Keep Food Containers Safe from PFAS Act
Client expense: $530,000 · Firm income: Not reported
Government targets: Commerce, Dept of (DOC), Federal Maritime Commission, HOUSE OF REPRESENTATIVES, Homeland Security, Dept of (DHS), SENATE, Treasury, Dept of, U.S. Trade Representative (USTR)
2021 · second_quarter · Torts
H.R. 963/S. 505, Forced Arbitration Injustice Repeal (FAIR) Act H.R. 1393/S. 300, Justice for Black Farmers Act of 2021 H.R. 2453, Driving for Opportunity Act of 2021 H.R. 2547, Comprehensive Debt Collection Improvement Act H.R. 2751/S. 1334, PFAS Accountability Act of 2021 H.R. 2812, Fairness in Nursing Home Arbitration Act H.R. 2906, Carries Law H.R. 3280, Ending Forced Arbitration for Victims of Data Breaches Act of 2021 H.R. 3684, Investing in a New Vision for the Environment and Surface Transportation (INVEST) in America Act S. 742, A bill to modify the exemption for trade secrets and commercial or financial information in the Freedom of Information Act, and for other purposes S. 937, COVID-19 Hate Crimes Act Potential legislation similar to S. 2203, Ending Forced Arbitration of Sexual Harassment Act of 2017 Potential legislation similar to H.R. 1603, Alan Reinstein Ban Asbestos Now Act of 2019 Potential legislation relating to sexual assault, sexual harassment and arbitration issues Nomination of Lisa Monaco to be Deputy Attorney General Various issues relating to COVID-19 liability relief; Servicemembers waiver of rights and protections under the Servicemembers Civil Relief Act (P.L. 108-189); implementation of Federal Arbitration Act (P.L. 68-401); alternative dispute resolution mechanisms; legal reform; civil discovery reform; asbestos litigation; potential arbitration legislation; fraud and abuse in civil litigation
Client expense: $11,640,000 · Firm income: Not reported
| Democratic |
| NY |
| Marie Newman | Democratic | IL |
| Marilyn Strickland | Democratic | WA |
| Mondaire Jones | Democratic | NY |
| Rashida Tlaib | Democratic | MI |
| Sean Patrick Maloney | Democratic | NY |
Government targets: Agriculture, Dept of (USDA), Bureau of Citizenship & Immigration Services (BCIS), Bureau of Industry and Security (BIS), Commerce, Dept of (DOC), Commodity Futures Trading Commission (CFTC), Consumer Financial Protection Bureau (CFPB), Defense, Dept of (DOD), Education, Dept of, Energy, Dept of, Environmental Protection Agency (EPA), Equal Employment Opportunity Commission (EEOC), Executive Office of the President (EOP), Federal Aviation Administration (FAA), Federal Communications Commission (FCC), Federal Deposit Insurance Corporation (FDIC), Federal Energy Regulatory Commission (FERC), Federal Reserve System, Federal Trade Commission (FTC), HOUSE OF REPRESENTATIVES, Health & Human Services, Dept of (HHS), Homeland Security, Dept of (DHS), Interior, Dept of (DOI), Internal Revenue Service (IRS), Justice, Dept of (DOJ), Labor, Dept of (DOL), Natl Economic Council (NEC), Natl Institute of Standards & Technology (NIST), Natl Labor Relations Board (NLRB), Natl Security Council (NSC), Natl Telecommunications & Information Administration (NTIA), Office of Management & Budget (OMB), Office of Science & Technology Policy (OSTP), Office of the Comptroller of the Currency (OCC), Patent & Trademark Office (PTO), Pension Benefit Guaranty Corporation (PBGC), SENATE, Securities & Exchange Commission (SEC), Small Business Administration (SBA), State, Dept of (DOS), Transportation, Dept of (DOT), Treasury, Dept of, U.S. Copyright Office, U.S. Customs & Border Protection, U.S. Trade Representative (USTR), White House Office