PFAS Action Act of 2019

HB 535 PFAS Action Act of 2019

US Congress 116th Congress

PFAS Action Act of 2019
HB-535


About HB-535

Revises several environmental laws and requires the Environmental Protection Agency (EPA) to regulate perfluoroalkyl and 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.


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Section 2

The bill designates certain PFAS as hazardous substances, thereby requiring remediation of releases of those PFAS into the environment. Within five years, the EPA must determine whether the remaining PFAS should be designated as hazardous substances, individually or in groups. The bill exempts public agencies or private owners of public airports that receive federal funding from liability for remediation of certain releases of PFAS into the environment resulting from the use of aqueous film forming foam.


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Section 3

The EPA must require that comprehensive toxicity testing be conducted on all PFAS. These rules shall require the development of information by any person who manufactures, processes, or intends to manufacture or process PFAS. The bill also provides guidelines for the development of these rules, including the methodologies and protocols to be used. The bill revises when any PFAS may be exempt from testing or information submission and requires the EPA to publish a list of all exempt PFAS.


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Section 4

Currently, unless requirements for an exemption are met, persons planning to manufacture a chemical substance not listed on the EPA’s inventory list or manufacture or process a chemical substance for a significant new use must comply with certain notification requirements. The bill prohibits PFAS from being exempted from these requirements. For five years, the EPA shall prohibit the manufacture, processing, and distribution of PFAS not listed on the EPA’s inventory list or the manufacture or processing of PFAS for a significant new use.


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Section 5

The bill requires the EPA to promulgate a national primary drinking water regulation for certain PFAS. The EPA must publish a health advisory for PFAS not subject to a national primary drinking water regulation.


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Section 6

The bill prohibits the EPA from imposing financial penalties for the first five years for a violation of a national primary drinking water regulation with respect to PFAS.


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Section 7

The EPA must establish a grant program to assist community water systems with the costs associated with treating water contaminated by PFAS.


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Section 8

In relation to the regulation of toxic air pollutants, the EPA must

  • (1) issue a final rule adding certain PFAS to the list of hazardous air pollutants, and
  • (2) revise the list of air pollution sources within 365 days after issuing the rule to include categories and subcategories of major sources and area sources of PFAS

Within five years, the EPA must determine whether to issue a final rule adding the remaining PFAS to the list of hazardous air pollutants.


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Section 9

The EPA must regulate the disposal procedures for materials containing PFAS or aqueous film forming foam. For criminal penalty purposes, materials containing PFAS shall be considered hazardous waste.


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Section 10

The bill requires the EPA to

  • (1) revise the Safer Choice Standard of the Safer Choice Program to identify the requirements that specified products (e.g., cooking utensils) must meet in order to be labeled with a Safer Choice label, including a requirement that any such product does not contain PFAS; or
  • (2) establish a voluntary label available for use by any manufacturer of any specified product that the EPA has reviewed and found does not contain any PFAS

The Safer Choice Program helps consumers and businesses find products with safer chemical ingredients through Safer Choice labels.


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Section 11

The EPA must issue guidance on minimizing the use by first responders of firefighting foam and other related equipment containing any PFAS, without jeopardizing firefighting efforts.


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Section 12

The EPA must investigate methods to prevent contamination by specified PFAS of surface waters, including those used for drinking water.


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Section 13

The bill requires an owner or operator of an industrial source that introduces PFAS into treatment works (systems that treat municipal sewage or industrial wastes) to provide specified notices to such treatment works, including the identity and quantity of such PFAS.


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Section 14

The EPA must establish a website containing specified information relating to the testing of household well water, including a list of certified laboratories that analyze samples.


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Section 15

The EPA must develop a risk-communication strategy to inform the public about the hazards of PFAS.


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Section 16

The bill authorizes the drinking water state revolving fund program to provide assistance to the Virgin Islands, the Commonwealth of the Northern Mariana Islands, American Samoa, and Guam to address emerging contaminants, with a focus on PFAS.


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Section 17

Finally, based on results of biennial reviews related to the discharge of PFAS from point sources that are not publicly owned treatment works, the EPA shall, for certain measureable PFAS, add the PFAS to the list of toxic pollutants, or establish effluent limitations and pretreatment standards. Within two years of the enactment of this bill, the EPA must publish human health water quality criteria for certain PFAS. The EPA shall award grants to owners and operators of publicly owned treatment works to help implement the pretreatment standards for PFAS developed by the EPA.

  

Bill Texts

Engrossed 01/13/2020

Introduced 01/03/2020

Introduced 01/29/2019

Weigh In

Votes for: 14 Votes against: 0

Sponsors (67)

Votes

On agreeing to the Burgess amendment (A002) H.Amdt.728

01/10/2020

Yeas: 159 | Nays: 247
On agreeing to the Balderson amendment (A005) H.Amdt.731

01/10/2020

Yeas: 168 | Nays: 239
On agreeing to the Pappas amendment (A012) H.Amdt.738

01/10/2020

Yeas: 242 | Nays: 166
On motion to recommit with instructions

01/10/2020

Yeas: 185 | Nays: 219
On passage

01/10/2020

Yeas: 247 | Nays: 157
On agreeing to the Burgess amendment (A002) H.Amdt.728 RC# 9

01/10/2020

Yeas: 161 | Nays: 247
On agreeing to the Balderson amendment (A005) H.Amdt.731 RC# 10

01/10/2020

Yeas: 170 | Nays: 239
On agreeing to the Pappas amendment (A012) H.Amdt.738 RC# 11

01/10/2020

Yeas: 242 | Nays: 168
Support by Party

   

On motion to recommit with instructions RC# 12

01/10/2020

Yeas: 187 | Nays: 219
On passage RC# 13

01/10/2020

Yeas: 247 | Nays: 159
Support by Party

   

Sponsors by party

     

Bill Sponsors

History

Received In The Senate And Read Twice And Referred To The Committee On Environment And Public Works.

01/13/2020

Considered As Unfinished Business.

01/10/2020

The House Resolved Into Committee Of The Whole House On The State Of The Union For Further Consideration.

01/10/2020

H.amdt.744 Amendment (a018) Offered By Ms. Tlaib.

01/10/2020

Debate - Pursuant To The Provisions Of H. Res. 779, The Committee Of The Whole Proceeded With 10 Minutes Of Debate On The Tlaib Amendment No. 19.

01/10/2020

H.amdt.744 On Agreeing To The Tlaib Amendment (a018) Agreed To By Voice Vote.

01/10/2020

H.amdt.745 Amendment (a019) Offered By Mr. Malinowski.

01/10/2020

H.amdt.745 Malinowski Amendment (a019) Modified By Unanimous Consent.

01/10/2020

Debate - Pursuant To The Provisions Of H. Res. 779, The Committee Of The Whole Proceeded With 10 Minutes Of Debate On The Malinowski Amendment No. 20, As Modified.

01/10/2020

H.amdt.745 On Agreeing To The Malinowski Amendment (a019) As Modified Agreed To By Voice Vote.

01/10/2020

H.amdt.746 Amendment (a020) Offered By Mr. Levin (mi).

01/10/2020

Debate - Pursuant To The Provisions Of H. Res. 779, The Committee Of The Whole Proceeded With 10 Minutes Of Debate On The Levin (mi) Amendment No. 21.

01/10/2020

H.amdt.746 On Agreeing To The Levin (mi) Amendment (a020) Agreed To By Voice Vote.

01/10/2020

H.amdt.747 Amendment (a021) Offered By Ms. Slotkin.

01/10/2020

Debate - Pursuant To The Provisions Of H. Res. 779, The Committee Of The Whole Proceeded With 10 Minutes Of Debate On The Slotkin Amendment No. 22.

01/10/2020

H.amdt.747 On Agreeing To The Slotkin Amendment (a021) Agreed To By Voice Vote.

01/10/2020

H.amdt.728 On Agreeing To The Burgess Amendment (a002) Failed By Recorded Vote: 161 - 247 (roll No. 9).

01/10/2020

H.amdt.731 On Agreeing To The Balderson Amendment (a005) Failed By Recorded Vote: 170 - 239 (roll No. 10).

01/10/2020

H.amdt.738 On Agreeing To The Pappas Amendment (a012) Agreed To By Recorded Vote: 242 - 168 (roll No. 11).

01/10/2020

The House Rose From The Committee Of The Whole House On The State Of The Union To Report H.r. 535.

01/10/2020

The Previous Question Was Ordered Pursuant To The Rule.

01/10/2020

The House Adopted The Amendment In The Nature Of A Substitute As Agreed To By The Committee Of The Whole House On The State Of The Union.

01/10/2020

Mrs. Rodgers (wa) Moved To Recommit With Instructions To The Committee On Energy And Commerce.

01/10/2020

Debate - The House Proceeded With 10 Minutes Of Debate On The Rodgers (wa) Motion To Recommit With Instructions. The Instructions Contained In The Motion Seek To Require The Bill To Be Reported Back To The House With An Amendment Including Language "unborn Child" To The Testing Procedure Described In Such National Primary Drinking Water Regulation By Publishing The Procedure Or Method In The Federal Register In Accordance With Section 1401 (1)(d).

01/10/2020

The Previous Question On The Motion To Recommit With Instructions Was Ordered Without Objection.

01/10/2020

On Motion To Recommit With Instructions Failed By Recorded Vote: 187 - 219 (roll No. 12).

01/10/2020

On Passage Passed By The Yeas And Nays: 247 - 159 (roll No. 13).

01/10/2020

Motion To Reconsider Laid On The Table Agreed To Without Objection.

01/10/2020

H.amdt.744 Amendment (a018) Offered By Ms. Tlaib. (consideration: Cr H153-155 ; Text: Cr H153-154)

01/10/2020

H.amdt.744 Amendment (a018) Offered By Ms. Tlaib. (consideration: Cr H153-155 ; Text: Cr H153-154)

01/10/2020

H.amdt.745 Amendment (a019) Offered By Mr. Malinowski. (consideration: Cr H155-156 ; Text: Cr H155)

01/10/2020

H.amdt.745 Amendment (a019) Offered By Mr. Malinowski. (consideration: Cr H155-156 ; Text: Cr H155)

01/10/2020

H.amdt.745 Malinowski Amendment (a019) Modified By Unanimous Consent. (text As Modified: Cr H155)

01/10/2020

H.amdt.745 Malinowski Amendment (a019) Modified By Unanimous Consent. (text As Modified: Cr H155)

01/10/2020

H.amdt.746 Amendment (a020) Offered By Mr. Levin (mi). (consideration: Cr H156-158; Text: Cr H156-157)

01/10/2020

H.amdt.746 Amendment (a020) Offered By Mr. Levin (mi). (consideration: Cr H156-158; Text: Cr H156-157)

01/10/2020

H.amdt.747 Amendment (a021) Offered By Ms. Slotkin. (consideration: Cr H158-160 ; Text: Cr H158)

01/10/2020

H.amdt.747 Amendment (a021) Offered By Ms. Slotkin. (consideration: Cr H158-160 ; Text: Cr H158)

01/10/2020

H.amdt.728 On Agreeing To The Burgess Amendment (a002) Failed By Recorded Vote: 161 - 247 (roll No. 9). (consideration: Cr H160)

01/10/2020

H.amdt.728 On Agreeing To The Burgess Amendment (a002) Failed By Recorded Vote: 161 - 247 (roll No. 9). (consideration: Cr H160)

01/10/2020

H.amdt.731 On Agreeing To The Balderson Amendment (a005) Failed By Recorded Vote: 170 - 239 (roll No. 10). (consideration: Cr H160-161)

01/10/2020

H.amdt.731 On Agreeing To The Balderson Amendment (a005) Failed By Recorded Vote: 170 - 239 (roll No. 10). (consideration: Cr H160-161)

01/10/2020

H.amdt.738 On Agreeing To The Pappas Amendment (a012) Agreed To By Recorded Vote: 242 - 168 (roll No. 11). (consideration: Cr H160-162)

01/10/2020

H.amdt.738 On Agreeing To The Pappas Amendment (a012) Agreed To By Recorded Vote: 242 - 168 (roll No. 11). (consideration: Cr H160-162)

01/10/2020

Mrs. Rodgers (wa) Moved To Recommit With Instructions To The Committee On Energy And Commerce. (text: Cr H162)

01/10/2020

Mrs. Rodgers (wa) Moved To Recommit With Instructions To The Committee On Energy And Commerce. (text: Cr H162)

01/10/2020

Considered As Unfinished Business. (consideration: Cr H153-164)

01/10/2020

H.amdt.744 Amendment (a018) Offered By Ms. Tlaib. (consideration: Cr H153-155; Text: Cr H153-154)

01/10/2020

H.amdt.745 Amendment (a019) Offered By Mr. Malinowski. (consideration: Cr H155-156; Text: Cr H155)

01/10/2020

H.amdt.747 Amendment (a021) Offered By Ms. Slotkin. (consideration: Cr H158-160; Text: Cr H158)

01/10/2020

H.amdt.738 On Agreeing To The Pappas Amendment (a012) Agreed To By Recorded Vote: 242 - 168 (roll No. 11). (consideration: Cr H161-162)

01/10/2020

Considered Under The Provisions Of Rule H. Res. 779. (consideration: Cr H116-142)

01/09/2020

Rule Provides For Consideration Of H.r. 535 With 1 Hour Of General Debate. Previous Question Shall Be Considered As Ordered Without Intervening Motions Except Motion To Recommit With Or Without Instructions. Measure Will Be Considered Read. Specified Amendments Are In Order.

01/09/2020

House Resolved Itself Into The Committee Of The Whole House On The State Of The Union Pursuant To H. Res. 779 And Rule Xviii.

01/09/2020

The Speaker Designated The Honorable Daniel T. Kildee To Act As Chairman Of The Committee.

01/09/2020

General Debate - The Committee Of The Whole Proceeded With One Hour Of General Debate On H.r. 535.

01/09/2020

H.amdt.727 Amendment (a001) Offered By Mr. Woodall. (consideration: Cr H127-128; Text: Cr H127)

01/09/2020

Debate - Pursuant To The Provisions Of H. Res. 779, The Committee Of The Whole Proceeded With 10 Minutes Of Debate On The Woodall Amendment No. 1.

01/09/2020

H.amdt.727 On Agreeing To The Woodall Amendment (a001) Agreed To By Voice Vote.

01/09/2020

H.amdt.728 Amendment (a002) Offered By Mr. Burgess. (consideration: Cr H128-129; Text: Cr H128)

01/09/2020

Debate - Pursuant To The Provisions Of H. Res. 779, The Committee Of The Whole Proceeded With 10 Minutes Of Debate On The Burgess Amendment No. 2.

01/09/2020

Postponed Proceedings - At The Conclusion Of Debate On The Burgess Amendment, The Chair Put The Question On Adoption Of The Amendment, And By Voice Vote Announced That The Noes Had Prevailed. Mr. Burgess Demanded A Recorded Vote And The Chair Postponed Further Proceedings On The Burgess Amendment Until A Time To Be Announced.

01/09/2020

H.amdt.729 Amendment (a003) Offered By Mr. Hudson. (consideration: Cr H129-130; Text: Cr H129)

01/09/2020

Debate - Pursuant To The Provisions Of H. Res. 779, The Committee Of The Whole Proceeded With 10 Minutes Of Debate On The Hudson Amendment No. 4.

01/09/2020

H.amdt.729 On Agreeing To The Hudson Amendment (a003) Agreed To By Voice Vote.

01/09/2020

H.amdt.730 Amendment (a004) Offered By Mr. Hudson. (consideration: Cr H130-131; Text: Cr H130)

01/09/2020

Debate - Pursuant To The Provisions Of H. Res. 779, The Committee Of The Whole Proceeded With 10 Minutes Of Debate On The Hudson Amendment No. 5.

01/09/2020

H.amdt.730 On Agreeing To The Hudson Amendment (a004) Agreed To By Voice Vote.

01/09/2020

H.amdt.731 Amendment (a005) Offered By Mr. Balderson. (consideration: Cr H131-132; Text: Cr H131)

01/09/2020

Debate - Pursuant To The Provisions Of H. Res. 779, The Committee Of The Whole Proceeded With 10 Minutes Of Debate On The Balderson Amendment No. 6.

01/09/2020

Postponed Proceedings - At The Conclusion Of Debate On The Balderson Amendment, The Chair Put The Question On Adoption Of The Amendment, And By Voice Vote Announced That The Noes Had Prevailed. Mr. Tonko Demanded A Recorded Vote And The Chair Postponed Further Proceedings On The Balderson Amendment Until A Time To Be Announced.

01/09/2020

H.amdt.732 Amendment (a006) Offered By Mr. Delgado. (consideration: Cr H132-133; Text: Cr H132)

01/09/2020

Debate - Pursuant To The Provisions Of H. Res. 779, The Committee Of The Whole Proceeded With 10 Minutes Of Debate On The Delgado Amendment No. 7

01/09/2020

H.amdt.732 On Agreeing To The Delgado Amendment (a006) Agreed To By Voice Vote.

01/09/2020

H.amdt.733 Amendment (a007) Offered By Ms. Pingree. (consideration: Cr H133-134; Text: Cr H133)

01/09/2020

Debate - Pursuant To The Provisions Of H. Res. 779, The Committee Of The Whole Proceeded With 10 Minutes Of Debate On The Pingree Amendment No. 8.

01/09/2020

H.amdt.733 On Agreeing To The Pingree Amendment (a007) Agreed To By Voice Vote.

01/09/2020

H.amdt.734 Amendment (a008) Offered By Mr. Kildee. (consideration: Cr H134-135; Text: Cr H134)

01/09/2020

Debate - Pursuant To The Provisions Of H. Res. 779, The Committee Of The Whole Proceeded With 10 Minutes Of Debate On The Kildee Amendment No. 9

01/09/2020

H.amdt.734 On Agreeing To The Kildee Amendment (a008) Agreed To By Voice Vote.

01/09/2020

H.amdt.735 Amendment (a009) Offered By Mr. Tonko. (consideration: Cr H135-136; Text: Cr H135)

01/09/2020

Debate - Pursuant To The Provisions Of H. Res. 779, The Committee Of The Whole Proceeded With 10 Minutes Of Debate On The Tonko Amendment No. 10.

01/09/2020

H.amdt.735 On Agreeing To The Tonko Amendment (a009) Agreed To By Voice Vote.

01/09/2020

H.amdt.736 Amendment (a010) Offered By Miss Rice (ny). (consideration: Cr H136; Text: Cr H136)

01/09/2020

Debate - Pursuant To The Provisions Of H. Res. 779, The Committee Of The Whole Proceeded With 10 Minutes Of Debate On The Rice (ny) Amendment No. 11.

01/09/2020

H.amdt.736 On Agreeing To The Rice (ny) Amendment (a010) Agreed To By Voice Vote.

01/09/2020

H.amdt.737 Amendment (a011) Offered By Mr. Brown (md). (consideration: Cr H136-137; Text: Cr 136)

01/09/2020

Debate - Pursuant To The Provisions Of H. Res. 779, The Committee Of The Whole Proceeded With 10 Minutes Of Debate On The Brown (md) Amendment No. 12.

01/09/2020

H.amdt.737 On Agreeing To The Brown (md) Amendment (a011) Agreed To By Voice Vote.

01/09/2020

H.amdt.738 Amendment (a012) Offered By Mr. Pappas. (consideration: Cr H137-139; Text: Cr H137-138)

01/09/2020

Debate - Pursuant To The Provisions Of H. Res. 779, The Committee Of The Whole Proceeded With 10 Minutes Of Debate On The Pappas Amendment No. 13.

01/09/2020

Postponed Proceedings - At The Conclusion Of Debate On The Pappas Amendment, The Chair Put The Question On Adoption Of The Amendment, And By Voice Vote Announced That The Ayes Had Prevailed. Mr. Tonko Demanded A Recorded Vote And The Chair Postponed Further Proceedings On The Pappas Amendment Until A Time To Be Announced.

01/09/2020

H.amdt.739 Amendment (a013) Offered By Ms. Plaskett. (consideration: Cr H139; Text: Cr H139)

01/09/2020

Debate - Pursuant To The Provisions Of H. Res. 779, The Committee Of The Whole Proceeded With 10 Minutes Of Debate On The Plaskett Amendment No. 14.

01/09/2020

H.amdt.739 On Agreeing To The Plaskett Amendment (a013) Agreed To By Voice Vote.

01/09/2020

H.amdt.740 Amendment (a014) Offered By Mr. Brindisi. (consideration: Cr H139-140; Text: Cr H139)

01/09/2020

Debate - Pursuant To The Provisions Of H. Res. 779, The Committee Of The Whole Proceeded With 10 Minutes Of Debate On The Brindisi Amendment No. 15.

01/09/2020

H.amdt.740 On Agreeing To The Brindisi Amendment (a014) Agreed To By Voice Vote.

01/09/2020

H.amdt.741 Amendment (a015) Offered By Mr. Brindisi. (consideration: Cr H140-141; Text: Cr H140)

01/09/2020

Debate - Pursuant To The Provisions Of H. Res. 779, The Committee Of The Whole Proceeded With 10 Minutes Of Debate On The Brindisi Amendment No. 16.

01/09/2020

H.amdt.741 On Agreeing To The Brindisi Amendment (a015) Agreed To By Voice Vote.

01/09/2020

H.amdt.742 Amendment (a016) Offered By Mr. Golden. (consideration: Cr H141; Text: Cr H141)

01/09/2020

Debate - Pursuant To The Provisions Of H. Res. 779, The Committee Of The Whole Proceeded With 10 Minutes Of Debate On The Golden Amendment No. 17.

01/09/2020

H.amdt.742 On Agreeing To The Golden Amendment (a016) Agreed To By Voice Vote.

01/09/2020

H.amdt.743 Amendment (a017) Offered By Mrs. Axne. (consideration: Cr H141-142; Text: Cr H141)

01/09/2020

H.amdt.743 Axne Amendment (a017) Modified By Unanimous Consent. (text As Modified: Cr H141-142)

01/09/2020

Debate - Pursuant To The Provisions Of H. Res. 779, The Committee Of The Whole Proceeded With 10 Minutes Of Debate On The Axne Amendment No. 18, As Modified.

01/09/2020

H.amdt.743 On Agreeing To The Axne Amendment (a017) As Modified Agreed To By Voice Vote.

01/09/2020

Mr. Tonko Moved That The Committee Rise.

01/09/2020

On Motion That The Committee Rise Agreed To By Voice Vote.

01/09/2020

Committee Of The Whole House On The State Of The Union Rises Leaving H.r. 535 As Unfinished Business.

01/09/2020

H.amdt.737 Amendment (a011) Offered By Mr. Brown (md). (consideration: Cr H136-137; Text: Cr H136)

01/09/2020

Considered Under The Provisions Of Rule H. Res. 779. (consideration: Cr H116-142; Text: Cr H125-127)

01/09/2020

Rule H. Res. 779 Passed House.

01/08/2020

Rules Committee Resolution H. Res. 779 Reported To House. Rule Provides For Consideration Of H.r. 535 With 1 Hour Of General Debate. Previous Question Shall Be Considered As Ordered Without Intervening Motions Except Motion To Recommit With Or Without Instructions. Measure Will Be Considered Read. Specified Amendments Are In Order.

01/07/2020

Reported (amended) By The Committee On Energy And Commerce. H. Rept. 116-364, Part I.

01/02/2020

Committee On Transportation Discharged.

01/02/2020

Placed On The Union Calendar, Calendar No. 289.

01/02/2020

Committee Consideration And Mark-up Session Held.

11/20/2019

Ordered To Be Reported (amended) By The Yeas And Nays: 31 - 19.

11/20/2019

Subcommittee Consideration And Mark-up Session Held.

09/26/2019

Forwarded By Subcommittee To Full Committee By Voice Vote .

09/26/2019

Subcommittee Hearings Held.

05/13/2019

Referred To The Subcommittee On Railroads, Pipelines, And Hazardous Materials.

02/07/2019

Referred To The Subcommittee On Water Resources And Environment.

02/07/2019

Referred To The Subcommittee On Environment And Climate Change.

01/31/2019

Referred To The Subcommittee On Environment And Climate Change.

01/25/2019

Introduced In House

01/14/2019

Referred To The Committee On Energy And Commerce, And In Addition To The Committee On Transportation And Infrastructure, 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.

01/14/2019