[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 8074 Introduced in House (IH)]
<DOC>
118th CONGRESS
2d Session
H. R. 8074
To phase out production of nonessential uses of perfluoroalkyl or
polyfluoroalkyl substances, to prohibit releases of all perfluoroalkyl
or polyfluoroalkyl substances, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 18, 2024
Ms. McCollum (for herself and Ms. Pingree) introduced the following
bill; which was referred to the Committee on Energy and Commerce, and
in addition to the Committees on Oversight and Accountability, Science,
Space, and Technology, Transportation and Infrastructure, and Armed
Services, 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
_______________________________________________________________________
A BILL
To phase out production of nonessential uses of perfluoroalkyl or
polyfluoroalkyl substances, to prohibit releases of all perfluoroalkyl
or polyfluoroalkyl substances, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Forever Chemical
Regulation and Accountability Act of 2024''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
TITLE I--PHASEOUT OF NONESSENTIAL PERFLUOROALKYL AND POLYFLUOROALKYL
SUBSTANCES AND ALL RELEASES
Sec. 101. Agreement with the National Academies concerning the
essential uses of perfluoroalkyl or
polyfluoroalkyl substances.
Sec. 102. Manufacturing and use phaseout program.
Sec. 103. United States perfluoroalkyl or polyfluoroalkyl substance
policy.
Sec. 104. Perfluoroalkyl or polyfluoroalkyl substance release phaseout.
Sec. 105. Use for research.
Sec. 106. Inspections, monitoring, and entry.
Sec. 107. Enforcement.
Sec. 108. Citizen suits.
Sec. 109. Imminent hazard.
Sec. 110. Application of Federal, State, and local law to Federal
agencies.
Sec. 111. Judicial review.
Sec. 112. Regulatory authority.
Sec. 113. Funding.
Sec. 114. Severability.
Sec. 115. Retention of State authority.
TITLE II--OTHER MATTERS WITH RESPECT TO PERFLUOROALKYL OR
POLYFLUOROALKYL SUBSTANCES
Sec. 201. Centers of Excellence for Assessing Perfluoroalkyl and
Polyfluoroalkyl Substances in Water Sources
and Perfluoroalkyl and Polyfluoroalkyl
Substance Remediation Solutions.
Sec. 202. Actions under State law for damages from exposure to
hazardous substances.
Sec. 203. Bankruptcy provision relating to persistent, bioaccumulative,
and toxic chemicals defendants and debtors.
SEC. 2. DEFINITIONS.
In this Act:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the Environmental Protection Agency.
(2) Centers of excellence.--The term ``Centers of
Excellence'' means--
(A) the Center of Excellence for Assessing
Perfluoroalkyl and Polyfluoroalkyl Substances in Water
Sources and Perfluoroalkyl and Polyfluoroalkyl
Substance Remediation Solutions established under
section 201(c)(1)(A); and
(B) the Rural Center of Excellence for Assessing
Perfluoroalkyl and Polyfluoroalkyl Substances in Water
Sources and Perfluoroalkyl and Polyfluoroalkyl
Substance Remediation Solutions established under
section 201(c)(1)(B).
(3) Essential use.--The term ``essential use'', with
respect to a perfluoroalkyl or polyfluoroalkyl substance, means
a use of the perfluoroalkyl or polyfluoroalkyl substance that
is designated under section 102(c), as reflected under a review
or recommendation under any applicable report under section
101(h) (including a subsequent report), as being an essential
use because the use of the perfluoroalkyl or polyfluoroalkyl
substance in an item or process is--
(A) critical for the health, safety, or functioning
of society;
(B) necessary for the item or process to function;
and
(C) a use for which a safer alternative is not
available.
(4) Manufacturer.--
(A) In general.--The term ``manufacturer'' means
any person who--
(i) imports into the United States, a
territory of the United States, or a Freely
Associated State a perfluoroalkyl or
polyfluoroalkyl substance;
(ii) exports from the United States, a
territory of the United States, or a Freely
Associated State a perfluoroalkyl or
polyfluoroalkyl substance;
(iii) produces a perfluoroalkyl or
polyfluoroalkyl substance;
(iv) manufactures a perfluoroalkyl or
polyfluoroalkyl substance; or
(v) processes a perfluoroalkyl or
polyfluoroalkyl substance.
(B) Inclusions.--The term ``manufacturer'' includes
importers and exporters of products that are known to
contain perfluoroalkyl or polyfluoroalkyl substances.
(C) Exclusion.--The term ``manufacturer'' does not
include an entity that neither manufactures nor uses
perfluoroalkyl or polyfluoroalkyl substances, but
receives perfluoroalkyl or polyfluoroalkyl substances
in the normal course of operations of the entity,
including a solid waste management facility, a
composting facility, a public water system (as defined
in section 1401 of the Safe Drinking Water Act (42
U.S.C. 300f)), and a publicly or privately owned or
operated treatment works (as defined in section 212 of
the Federal Water Pollution Control Act (33 U.S.C.
1292)).
(5) National academies.--The term ``National Academies''
means the National Academies of Sciences, Engineering, and
Medicine.
(6) Nonessential use.--The term ``nonessential use'' means
a use of a perfluoroalkyl or polyfluoroalkyl substance that is
not an essential use.
(7) Perfluoroalkyl or polyfluoroalkyl substance.--The term
``perfluoroalkyl or polyfluoroalkyl substance'' means a
substance that is a perfluoroalkyl substance or a
polyfluoroalkyl substance (as those terms are defined in
section 7331(2)(B) of the PFAS Act of 2019 (15 U.S.C.
8931(2)(B))), including a mixture of those substances.
(8) Process.--The term ``process'', with respect to a
perfluoroalkyl or polyfluoroalkyl substance, means the
preparation of the perfluoroalkyl or polyfluoroalkyl substance,
including preparation that includes the mixture of multiple
perfluoroalkyl or polyfluoroalkyl substances, after the
manufacture of that perfluoroalkyl or polyfluoroalkyl substance
for distribution in commerce--
(A) in the same form or physical state as, or in a
different form or physical state from, that in which
the perfluoroalkyl or polyfluoroalkyl substance was
received by the person so preparing the perfluoroalkyl
or polyfluoroalkyl substance; or
(B) as part of an article containing the
perfluoroalkyl or polyfluoroalkyl substance.
(9) Safer alternative.--The term ``safer alternative'',
with respect to the use of a perfluoroalkyl or polyfluoroalkyl
substance, means a use that--
(A) does not require the use of a perfluoroalkyl or
polyfluoroalkyl substance to achieve the intended
function;
(B) demonstrates adequate performance for the
intended use;
(C) does not pose an unreasonable chronic or acute
risk to the environment or public health as compared to
the substance being replaced, including any harm that
may result from persistence, bioaccumulation, and
toxicity in any environment or human system, either by
itself or cumulatively with other substances that cause
similar harms; and
(D) has other risk characteristics that the
Administrator determines appropriate, in consultation
with the heads of relevant Federal agencies and
stakeholders as the Administrator determines to be
appropriate.
(10) State.--The term ``State'' means--
(A) each State;
(B) a territory of the United States;
(C) a Freely Associated State;
(D) an Indian Tribe included on the list most
recently published by the Secretary of the Interior
under section 104 of the Federally Recognized Indian
Tribe List Act of 1994 (25 U.S.C. 5131); and
(E) the District of Columbia.
(11) User.--
(A) In general.--Subject to subparagraphs (B) and
(C), the term ``user'', with respect to a
perfluoroalkyl or polyfluoroalkyl substance, has the
meaning given the term by the Administrator.
(B) Considerations.--In determining the definition
of the term ``user'' under subparagraph (A), the
Administrator shall consider--
(i) the volume of a perfluoroalkyl or
polyfluoroalkyl substance used by an entity;
(ii) risks associated with releases of or
exposure to a perfluoroalkyl or polyfluoroalkyl
substance as a result of actions of an entity,
including--
(I) toxicity;
(II) bioaccumulative properties;
(III) persistence in the
environment;
(IV) interactions with other
perfluoroalkyl or polyfluoroalkyl
substances and other toxic chemicals;
(V) contamination and pollution
burden of impacted communities; and
(VI) associated human health
effects;
(iii) past or possible future releases of a
perfluoroalkyl or polyfluoroalkyl substance
into the environment by an entity; and
(iv) the use and fate of a perfluoroalkyl
or polyfluoroalkyl substance used by an entity.
(C) Exclusion.--The term ``user'' does not include
an entity that neither manufactures nor uses
perfluoroalkyl or polyfluoroalkyl substances, but
receives perfluoroalkyl or polyfluoroalkyl substances
in the normal course of operations of the entity,
including a solid waste management facility, a
composting facility, a public water system (as defined
in section 1401 of the Safe Drinking Water Act (42
U.S.C. 300f)), and a publicly or privately owned or
operated treatment works (as defined in section 212 of
the Federal Water Pollution Control Act (33 U.S.C.
1292)).
TITLE I--PHASEOUT OF NONESSENTIAL PERFLUOROALKYL AND POLYFLUOROALKYL
SUBSTANCES AND ALL RELEASES
SEC. 101. AGREEMENT WITH THE NATIONAL ACADEMIES CONCERNING THE
ESSENTIAL USES OF PERFLUOROALKYL OR POLYFLUOROALKYL
SUBSTANCES.
(a) Purposes.--The purposes of this section are to provide for the
National Academies, an independent nonprofit scientific organization
with appropriate expertise that is not part of the Federal Government--
(1) to review and evaluate the available scientific
evidence regarding categories of essential uses of
perfluoroalkyl or polyfluoroalkyl substances; and
(2) to provide guidance on designating perfluoroalkyl or
polyfluoroalkyl substances as essential or nonessential.
(b) Agreement.--
(1) In general.--Not later than 60 days after the date of
enactment of this Act, the Administrator (in consultation, as
the Administrator determines appropriate, with the heads of
other Federal departments and agencies with relevant expertise
regarding the essential uses of perfluoroalkyl or
polyfluoroalkyl substances) shall seek to enter into a 10-year
agreement to carry out the duties described in this section.
(2) Extension.--The Administrator and the National
Academies may extend the agreement described in paragraph (1)
in 5-year increments.
(c) Review of Scientific Evidence.--
(1) In general.--Under an agreement under subsection (b),
the National Academies shall, in accordance with the policy
described in section 103(a), review and summarize the
scientific evidence, and assess the strength of that scientific
evidence, with respect to--
(A) uses of perfluoroalkyl or polyfluoroalkyl
substances that should be designated as essential uses;
and
(B) the criteria for designating essential uses.
(2) Inclusions.--In carrying out the review described in
paragraph (1), the National Academies shall--
(A) analyze the definition of the term ``essential
use'' under section 2(3) as it relates to
perfluoroalkyl or polyfluoroalkyl substances;
(B) conduct an assessment of how perfluoroalkyl or
polyfluoroalkyl substances are integrated into the
society of the United States, in which sectors of the
economy of the United States perfluoroalkyl or
polyfluoroalkyl substances are used, and in which
sectors those uses are essential uses;
(C) describe any research gaps with respect to the
uses of perfluoroalkyl or polyfluoroalkyl substances,
including consideration of mitigation strategies and
safer alternatives; and
(D) develop recommendations with respect to--
(i) the research and development activities
necessary to transition the United States from
the use of perfluoroalkyl or polyfluoroalkyl
substances; and
(ii) how the Federal Government may--
(I) best ensure the conduct of the
research and development activities
described in clause (i) to ensure that
safer alternatives minimize health,
safety, and environmental risks; and
(II) best address the research gaps
identified under subparagraph (C) and
the research and development needs
identified under clause (i) through
collaboration or coordination of
programs and other efforts with State,
local, and Tribal governments and
nongovernmental organizations,
including private sector organizations.
(3) Timing.--The initial review carried out under paragraph
(1) pursuant to an agreement under subsection (b) shall
conclude not later than 3 years after the date on which the
review begins.
(d) Scientific Determinations of Essential Uses.--For each
essential use, the National Academies shall, to the extent that
available scientific data permit meaningful determinations, determine--
(1) categories of uses of perfluoroalkyl or polyfluoroalkyl
substances that can inform regulatory requirements under this
title and amendments made by this title;
(2) a framework to guide decisionmakers in making
designations of essential uses under section 102(c), which
shall include--
(A) the integration of findings with respect to
perfluoroalkyl or polyfluoroalkyl substances, including
findings on human health effects that have sufficient
or limited evidence of an association, from
authoritative reviews (such as reviews by national or
international bodies) and high-quality systematic
reviews; and
(B) a review of emerging evidence with respect to
perfluoroalkyl or polyfluoroalkyl substances that is
impactful in decisionmaking; and
(3)(A) whether certain perfluoroalkyl or polyfluoroalkyl
substances in certain consumer products pose an unreasonable
risk to consumers, such as risks due to perfluoroalkyl or
polyfluoroalkyl substance toxicity, persistence, or
bioaccumulation;
(B) the contribution of the uses identified under
subparagraph (A) to the cumulative impact of perfluoroalkyl or
polyfluoroalkyl substances on the environment and public
health; and
(C) recommendations for possible methods to eliminate
perfluoroalkyl or polyfluoroalkyl substances from consumer
products described in subparagraph (A).
(e) Community Engagement.--In carrying out reviews and studies
under this section, the National Academies shall integrate robust,
transparent, meaningful, and public community outreach.
(f) Cooperation of Federal Agencies.--The head of each relevant
Federal agency, including the Administrator, shall cooperate fully with
the National Academies in carrying out the agreement under subsection
(b).
(g) Recommendations for Additional Studies.--
(1) In general.--The National Academies shall make any
recommendations for additional scientific studies determined
appropriate by the National Academies to resolve areas of
continuing scientific uncertainty relating to essential uses of
perfluoroalkyl or polyfluoroalkyl substances.
(2) Requirements.--In making recommendations under
paragraph (1), the National Academies shall consider--
(A) the scientific information that is available at
the time of the recommendation;
(B) the value and relevance of the information that
could result from additional studies; and
(C) the cost and feasibility of carrying out those
additional studies.
(h) Reports.--
(1) Initial report.--
(A) In general.--Not later than 1 year after the
date of enactment of this Act, the National Academies
shall submit to the Administrator, the Committee on
Environment and Public Works of the Senate, and the
Committee on Energy and Commerce of the House of
Representatives an initial report on the activities of
the National Academies under the agreement under
subsection (b).
(B) Inclusions.--The report required under
subparagraph (A) shall include--
(i)(I) a description of the determinations,
if any, made under subsection (d); and
(II) a full explanation of the scientific
evidence and reasoning that led to those
determinations; and
(ii) any recommendations made under
subsection (g).
(2) Subsequent reports.--Not less frequently than once
every 2 years after the date on which the initial report under
paragraph (1) is submitted, the National Academies shall submit
to the Administrator, the Committee on Environment and Public
Works of the Senate, and the Committee on Energy and Commerce
of the House of Representatives an update of that report.
(i) Additional Studies.--
(1) In general.--Beginning on the date that is 2 years
after the date that the National Academies completes the review
under subsection (c), the Administrator may initiate not more
than 5 additional studies with the National Academies--
(A) to update the review carried out under
subsection (c) based on new evidence; and
(B) to address the recommendations made under
subsection (g).
(2) Authorization of appropriations.--There are authorized
to be appropriated to the Administrator such sums as are
necessary to carry out this subsection.
(j) Alternative Contracting Scientific Organization.--
(1) In general.--If the Administrator is unable to enter
into an agreement under subsection (b) with the National
Academies within the 60-day period described in that subsection
on terms acceptable to the Administrator, the Administrator
shall seek to enter into an agreement for purposes of carrying
out this section with another appropriate scientific
organization that--
(A) is not part of the Federal Government;
(B) operates as a not-for-profit entity; and
(C) has expertise and objectivity comparable to
that of the National Academies.
(2) Effect of alternative organization.--If the
Administrator enters into an agreement with an alternative
scientific organization under paragraph (1), any reference in
this title to ``the National Academies'' shall be deemed to be
a reference to that alternative scientific organization.
SEC. 102. MANUFACTURING AND USE PHASEOUT PROGRAM.
(a) Annual Perfluoroalkyl or Polyfluoroalkyl Substance Manufacturer
and User Monitoring and Reporting Requirements.--
(1) Purpose.--The purposes of the amendments made by this
subsection are--
(A) to make available and accessible data to inform
a nationwide phaseout of the use and environmental
release of perfluoroalkyl or polyfluoroalkyl
substances;
(B) to put in place a process for that phaseout;
and
(C) to increase transparency for the public and
interested stakeholders with respect to the use,
release, and prevalence of perfluoroalkyl or
polyfluoroalkyl substances.
(2) Amendments.--Section 8(a)(7) of the Toxic Substances
Control Act (15 U.S.C. 2607(a)(7)) is amended--
(A) by striking ``Not later'' and inserting the
following:
``(A) In general.--Not later''; and
(B) by adding at the end the following:
``(B) Annual supplements.--
``(i) Definitions of essential use;
manufacturer; perfluoroalkyl or polyfluoroalkyl
substance; safer alternative; user.--In this
subparagraph, the terms `essential use',
`manufacturer', `perfluoroalkyl or
polyfluoroalkyl substance', `safer
alternative', and `user' have the meanings
given those terms in section 2 of the Forever
Chemical Regulation and Accountability Act of
2024.
``(ii) Manufacturer and user report
required.--Not later than 3 years after the
date of enactment of this subparagraph but in a
manner that does not otherwise delay the
implementation of this paragraph (as in effect
on the day before the date of enactment of this
subparagraph), the Administrator shall require
each manufacturer and user of perfluoroalkyl or
polyfluoroalkyl substance to submit a report
described in subparagraph (A) if that
manufacturer or user was not required to do so
on the day before the date of enactment of this
subparagraph.
``(iii) Supplemental reports required.--Not
later than 18 months after the date on which
the Administrator publishes the final rule
carrying out this subparagraph and not less
frequently than annually thereafter, subject to
clause (v), each manufacturer or user of a
perfluoroalkyl or polyfluoroalkyl substance
shall--
``(I) supplement the report
required described in subparagraph (A)
(including a report submitted pursuant
to clause (ii)) by--
``(aa) including, as
applicable, any updates to the
information included in the
report under that subparagraph;
and
``(bb) including in the
report--
``(AA) a
description of any
essential uses of
perfluoroalkyl or
polyfluoroalkyl
substances carried out
by the manufacturer or
user;
``(BB) any safer
alternatives for uses
of perfluoroalkyl or
polyfluoroalkyl
substances used by the
manufacturer or user;
``(CC) any
environmental releases
of a perfluoroalkyl or
polyfluoroalkyl
substance, at any
detectable level;
``(DD) any use of a
perfluoroalkyl or
polyfluoroalkyl
substance that is
required pursuant to
Federal law (including
regulations), Federal
standards, or Federal
Government
specifications; and
``(EE) any
additional information
that the Administrator
may require; and
``(II) submit the supplemental
report to the Administrator in such a
manner and at such time as the
Administrator requires.
``(iv) Use of reports.--
``(I) Publication.--Not later than
180 days after the date on which the
Administrator receives a supplemental
report from a manufacturer or user
under clause (iii), the Administrator
shall publish the supplemental report
for a period of public comment and
review of not less than 90 days.
``(II) Data quality.--The
Administrator shall conduct data
quality assurance and scientific
integrity reviews of supplemental
reports received under clause (iii)--
``(aa) to ensure the
quality of reported data; and
``(bb) to provide comment
on the validity of the
supplemental reports of the
manufacturer.
``(III) Confidential business
information.--The Administrator shall
carry out this clause in accordance
with section 14.
``(v) No further reports required.--
``(I) In general.--No further
supplemental reports under clause (iii)
shall be required from a manufacturer
or user if the manufacturer or user--
``(aa) permanently ceases
use of all perfluoroalkyl or
polyfluoroalkyl substances; and
``(bb) notifies the
Administrator in writing that
the requirement under item (aa)
has been met.
``(II) Final report.--
Notwithstanding the submission of a
notice under subclause (I)(bb), a
manufacturer or user shall submit to
the Administrator a final supplemental
report under clause (iii) if, at any
time during the 1-year period beginning
on the date on which the manufacturer
or user submitted the previous
supplemental report under that clause,
the manufacturer or user used a
perfluoroalkyl or polyfluoroalkyl
substance.
``(III) Public notice of
cessation.--The Administrator shall
issue a public notice describing each
notification received under subclause
(I)(bb).''.
(3) Savings provision.--Nothing in paragraph (2) or the
amendments made by paragraph (2) affects the requirements under
subparagraph (A) of section 8(a)(7) of the Toxic Substances
Control Act (15 U.S.C. 2607(a)(7)) or any timeline established
for the implementation of that section (as in effect on the day
before the date of enactment of this Act).
(b) Production and Consumption Phaseouts Required.--
(1) General rule.--Not later than 10 years after the date
of enactment of this Act, manufacturers and users shall
complete the full phaseout of nonessential uses of
perfluoroalkyl or polyfluoroalkyl substances.
(2) Plans required.--
(A) In general.--Not later than 3 years after the
date of enactment of this Act, each manufacturer and
user shall submit to the Administrator, in such a
manner as the Administrator may require, a plan and
schedule for the full phaseout of nonessential uses of
perfluoroalkyl and polyfluoroalkyl substances within
the 10-year period described in paragraph (1).
(B) Inclusion.--
(i) In general.--A plan submitted by a
manufacturer or user under subparagraph (A) may
include verifiable transfer of perfluoroalkyl
or polyfluoroalkyl substance stocks in the
possession of the manufacturer or user to an
accredited research consortium, including
Centers of Excellence, National Laboratories of
the Department of Energy, institutions of
higher education (as defined in section 101(a)
of the Higher Education Act of 1965 (20 U.S.C.
1001(a))), and other relevant entities, as
determined by the Administrator, for the
purposes of--
(I) research into the destruction,
detection, and remediation of
perfluoroalkyl or polyfluoroalkyl
substances; and
(II) other related research.
(ii) Savings provision.--Nothing in this
subparagraph--
(I) affects an obligation of a
manufacturer or user to comply with a
regulation or requirement associated
with the removal, disposal, or
destruction of a perfluoroalkyl or
polyfluoroalkyl substance; or
(II) prohibits a manufacturer or
user from using a method of removal,
disposal, or destruction of a
perfluoroalkyl or polyfluoroalkyl
substance in accordance with applicable
law.
(C) Public availability.--The Administrator shall
make the plans submitted by manufacturers and users
under subparagraph (A) publicly available in accordance
with section 14 of the Toxic Substances Control Act (15
U.S.C. 2614).
(3) Accelerated schedule.--
(A) In general.--The Administrator may, after a
period of notice and opportunity for public comment of
not less than 180 days, require that the full phaseout
of nonessential uses of perfluoroalkyl or
polyfluoroalkyl substances required under paragraph (1)
occur on a schedule that is more stringent than the
schedule required under that paragraph.
(B) Petition.--
(i) In general.--Any person may petition
the Administrator to establish a more stringent
schedule under subparagraph (A).
(ii) Requirements.--A petition submitted
under clause (i) shall--
(I) be made at such time, in such
manner, and containing such information
as the Administrator shall require; and
(II) include a showing by the
petitioner that there are scientific
data with respect to nonessential uses
of perfluoroalkyl or polyfluoroalkyl
substances to support the petition.
(iii) Response timeline.--
(I) In general.--If the
Administrator receives a petition under
clause (i), the Administrator shall--
(aa) not later than 180
days after the date on which
the Administrator receives the
petition--
(AA) make the
complete petition
available to the
public; and
(BB) when making
the petition available
pursuant to subitem
(AA), propose and seek
public comment, for a
period of not less than
90 days, on the
proposal of the
Administrator to grant
or deny the petition;
and
(bb) not later than 1 year
after the date on which the
Administrator receives the
petition, take final action on
the petition.
(II) Revised plans and schedules.--
(aa) In general.--If, after
receiving public comment with
respect to a petition received
under clause (i), the
Administrator grants the
petition, each manufacturer and
user shall revise and submit to
the Administrator an update to
the plan and schedule required
under paragraph (2)(A) to
reflect the more stringent
schedule described in the
petition.
(bb) Requirement.--A
revised plan and schedule under
item (aa) shall be submitted in
accordance with paragraph (2).
(4) Accelerated phase-out in certain products.--
(A) Phase-out within 1 year.--
(i) In general.--Notwithstanding any other
provision of this Act but subject to clause
(ii), beginning on the date that is 1 year
after the date of enactment of this Act, no
person may sell, offer for sale, or distribute
for sale in interstate commerce--
(I) a carpet or rug that contains
perfluoroalkyl or polyfluoroalkyl
substances;
(II) a fabric treatment that
contains perfluoroalkyl or
polyfluoroalkyl substances;
(III) food packaging and containers
that contains perfluoroalkyl or
polyfluoroalkyl substances;
(IV) a juvenile product that
contains perfluoroalkyl or
polyfluoroalkyl substances; or
(V) an oil or gas product that
contains perfluoroalkyl or
polyfluoroalkyl substances.
(ii) Exception for resale.--The prohibition
under clause (i) does not apply to the sale or
resale of used products described in subclauses
(I), (II), and (IV) of that clause.
(B) Phase-out within 2 years.--
(i) In general.--Notwithstanding any other
provision of this Act but subject to clause
(ii), beginning on the date that is 2 years
after the date of enactment of this Act, no
person may sell, offer for sale, or distribute
for sale in interstate commerce--
(I) a cosmetic that contains
perfluoroalkyl or polyfluoroalkyl
substances;
(II) an indoor textile furnishing
that contains perfluoroalkyl or
polyfluoroalkyl substances;
(III) indoor upholstered furniture
that contains perfluoroalkyl or
polyfluoroalkyl substances;
(IV) an accessory or handbag that
contains perfluoroalkyl or
polyfluoroalkyl substances; or
(V) except for a product described
in subparagraph (D), indoor and outdoor
apparel that contains perfluoroalkyl or
polyfluoroalkyl substances.
(ii) Exception for resale.--The prohibition
under clause (i) does not apply to the sale or
resale of used products described in each of
subclauses (II) through (V) of that clause.
(C) Phase-out within 4 years.--
(i) In general.--Notwithstanding any other
provision of this Act but subject to clause
(ii), beginning on the date that is 4 years
after the date of enactment of this Act, no
person may sell, offer for sale, or distribute
for sale in interstate commerce--
(I) an outdoor textile furnishing
that contains perfluoroalkyl or
polyfluoroalkyl substances; or
(II) outdoor upholstered furniture
that contains perfluoroalkyl or
polyfluoroalkyl substances.
(ii) Exception for resale.--The prohibition
under clause (i) does not apply to the sale or
resale of used products described in that
clause.
(D) Phaseout within 5 years.--
(i) In general.--Notwithstanding any other
provision of this Act but subject to clause
(ii), beginning on the date that is 5 years
after the date of enactment of this Act, no
person may sell, offer for sale, or distribute
for sale in interstate commerce outdoor apparel
for severe wet conditions that contain
intentionally used perfluoroalkyl or
polyfluoroalkyl substances.
(ii) Exception for resale.--The prohibition
under clause (i) does not apply to the sale or
resale of used products described in that
clause.
(c) Designations of Nonessential and Essential Uses.--
(1) 10-year requirement.--Beginning on the date that is 10
years after the date of enactment of this Act--
(A) all nonessential uses of a perfluoroalkyl or
polyfluoroalkyl substance shall be prohibited; and
(B) any use of a perfluoroalkyl or polyfluoroalkyl
substance shall be considered a nonessential use unless
the Administrator, consistent with applicable
recommendations or other analysis, if any, under a
report under section 101(h) (including a subsequent
report), has designated the use as an essential use
under paragraph (2) or (3).
(2) Petition.--
(A) In general.--A person may submit to the
Administrator a petition to designate a use of a
perfluoroalkyl or polyfluoroalkyl substance as a
nonessential use or an essential use at such time
(including on a 1-time, periodic, or continuing basis
within such timeframe as the Administrator may
require), in such manner, and containing such
information as the Administrator may require.
(B) Burden of proof.--In submitting a petition
under subparagraph (A)--
(i) the burden of proof shall be on the
petitioner to demonstrate that a use of a
perfluoroalkyl or polyfluoroalkyl substance is
a nonessential use or an essential use; and
(ii) the petitioner shall provide any
information requested by the Administrator, on
a 1-time, periodic, or continuous basis within
such timeframe as the Administrator may
require, to inform a determination under
subparagraph (C).
(C) Determination.--
(i) Best available science.--The
determination of the Administrator to grant or
deny a petition submitted under subparagraph
(A) shall be based on--
(I) the best available science; and
(II) the applicable recommendations
or other analysis, if any, under a
report under section 101(h) (including
a subsequent report).
(ii) Timeline.--
(I) In general.--Subject to
subclause (II), the Administrator shall
finalize a determination to grant or
deny a petition submitted under
subparagraph (A) by not later than 270
days after the date of receipt of the
petition.
(II) Requirement.--The
Administrator may not finalize a
determination to grant or deny a
petition submitted under subparagraph
(A) before the date that is 1 year
after the date on which the first
report under subsection (h) of section
101 is submitted after the date on
which the review under subsection (c)
of that section is completed.
(iii) Public availability.--
(I) In general.--In making a
determination to grant or deny a
petition submitted under subparagraph
(A), the Administrator shall--
(aa) make all materials
submitted with the petition
available for public review and
comment for a period of not
less than 180 days; and
(bb) consider all public
comments submitted with respect
to the materials made available
under item (aa).
(II) Confidential business
information.--Subclause (I) shall be
carried out in accordance with section
14 of the Toxic Substances Control Act
(15 U.S.C. 2613).
(D) Expedited consideration.--The Administrator
shall, to the maximum extent practicable, expedite the
consideration of petitions submitted under subparagraph
(A) from a Federal agency.
(E) Termination of petition process.--The
Administrator shall continue to accept petitions under
this paragraph until such time as all perfluoroalkyl or
polyfluoroalkyl substances and uses of perfluoroalkyl
or polyfluoroalkyl substances are eliminated in
accordance with the policy described in section 103(a).
(3) Alternative designation process.--
(A) In general.--On a continuing basis and in
consultation with relevant Federal agencies as the
Administrator determines necessary, the Administrator
may review and, through a public rulemaking, designate
as a nonessential use or an essential use a use of a
perfluoroalkyl or polyfluoroalkyl substance.
(B) Requirement.--The decision of the Administrator
to designate a use of a perfluoroalkyl or
polyfluoroalkyl substance as a nonessential use or an
essential use under subparagraph (A) shall be
consistent with--
(i) the best available science; and
(ii) the applicable recommendations or
other analysis, if any, under a report under
section 101(h) (including a subsequent report).
(C) Timeline.--
(i) Report required.--The Administrator may
not designate a use of a perfluoroalkyl or
polyfluoroalkyl substance as a nonessential use
or an essential use under subparagraph (A)
before the date that is 1 year after the date
on which the first report under subsection (h)
of section 101 is submitted after the date on
which the review under subsection (c) of that
section is completed.
(ii) Public review.--Before designating a
use of a perfluoroalkyl or polyfluoroalkyl
substance as a nonessential use or an essential
use under subparagraph (A), the Administrator
shall publish the proposed designation for
public review and comment for a period of not
less than 180 days.
(iii) Final designation.--The Administrator
shall publicly issue a final designation of a
use of a perfluoroalkyl or polyfluoroalkyl
substance as a nonessential use or an essential
use under subparagraph (A) by not later than
270 days after the date on which the public
review and comment period under clause (ii)
ends.
(4) Data transparency.--The Administrator may, to inform a
designation under paragraph (2) or (3), require a manufacturer,
user, person who manufacturers equipment for a manufacturer or
user, person who the Administrator believes may have necessary
information to inform a designation under paragraph (2) or (3),
or a person subject to the requirements of this title or an
amendment made by this title to provide relevant information
(on a 1-time, periodic, or continuing basis for such timeframe
as the Administrator determines appropriate).
(5) Required petitions.--
(A) In general.--Stakeholders shall use the
petition process under paragraph (2) to identify and
list products and processes that use a perfluoroalkyl
or polyfluoroalkyl substance that have a use in a
product that is required to be used under Federal law
(including regulations), Federal standards, or Federal
Government specifications.
(B) Submission to other agencies.--If the
Administrator receives a petition under paragraph (2)
or begins to carry out the alternative designation
process under paragraph (3) with respect to a use
described in subparagraph (A), the Administrator shall,
on receipt of the petition, share the petition with the
head of the Federal agency that required the use for a
review and comment period of not less than 30 days.
(6) Review of previous designations.--The Administrator
may, pursuant to a petition from a petitioner or at the
discretion of the Administrator, review the designation of a
use of a perfluoroalkyl or polyfluoroalkyl substance as a
nonessential use or an essential use and redesignate that use
as a nonessential use or an essential use in accordance with
the process under which the designation was originally made.
(d) Administrator Prioritization Discretion.--The Administrator may
prioritize the establishment of a report under this section or a
designation of the use of a class or subclass perfluoroalkyl or
polyfluoroalkyl substances as a nonessential use or an essential use
under subsection (c) in accordance with--
(1) the National PFAS Testing Strategy of the Environmental
Protection Agency (or a successor strategy); or
(2) any other method that is based on the best available
science.
(e) Prohibition of Sales of Nonessential Perfluoroalkyl or
Polyfluoroalkyl Substances.--
(1) In general.--Beginning on the date that is 10 years
after the date of enactment of this Act, a manufacturer or user
shall not engage in the sale of perfluoroalkyl or
polyfluoroalkyl substances that remain in the possession of the
manufacturer or user on that date for nonessential uses.
(2) Perfluoroalkyl or polyfluoroalkyl substance stocks.--
The Administrator may approve verifiable transfers of
perfluoroalkyl or polyfluoroalkyl substance stocks in the
possession of a manufacturer or user to an accredited research
consortium, including Centers of Excellence, National
Laboratories of the Department of Energy, institutions of
higher education (as defined in section 101(a) of the Higher
Education Act of 1965 (20 U.S.C. 1001(a))), and other relevant
entities that contribute to the achievement of the policy
described in section 103(a).
(3) Savings provision.--Nothing in this subsection--
(A) affects an obligation of a manufacturer or user
to comply with a regulation or requirement associated
with the removal, disposal, or destruction of a
perfluoroalkyl or polyfluoroalkyl substance; or
(B) prohibits a manufacturer or user from using a
method of removal, disposal, or destruction of a
perfluoroalkyl or polyfluoroalkyl substance in
accordance with applicable law.
SEC. 103. UNITED STATES PERFLUOROALKYL OR POLYFLUOROALKYL SUBSTANCE
POLICY.
(a) General Policy.--It is the policy of the United States that, to
the maximum extent practicable and as permitted under applicable law--
(1) contamination of any environmental media by a
perfluoroalkyl or polyfluoroalkyl substance should be
remediated to levels that do not present an unreasonable risk
to public health and the environment;
(2) the destruction and disposal of perfluoroalkyl or
polyfluoroalkyl substances--
(A) is considered most essential to the elimination
of perfluoroalkyl or polyfluoroalkyl substances, which
are also known as ``forever chemicals''; and
(B) should be prioritized as part of any
perfluoroalkyl or polyfluoroalkyl substance remediation
strategy in a manner that presents the lowest risk of
environmental release and the lowest risk to public
health and the environment;
(3) the use of perfluoroalkyl or polyfluoroalkyl substances
in consumer products should be eliminated; and
(4) in cases in which the use of perfluoroalkyl or
polyfluoroalkyl substances is essential, in accordance with any
applicable report under section 101(h) (including a subsequent
report), and no safer alternative for that use is available,
those perfluoroalkyl or polyfluoroalkyl substances should be
removed or replaced by chemicals, product substitutes, or
alternative manufacturing processes that reduce overall risk to
human health and the environment, including risks due to
chronic, acute, and cumulative impacts.
(b) Federal Procurement.--
(1) In general.--Beginning on the date of enactment of this
Act, the heads of Federal agencies, in coordination with the
Administrator and the Administrator of General Services, shall,
to the maximum extent practicable, eliminate the procurement of
products known to contain perfluoroalkyl or polyfluoroalkyl
substances.
(2) Survey.--In carrying out paragraph (1), the heads of
Federal agencies may--
(A) carry out surveys of the products procured by
the Federal agency to determine whether the products
contain perfluoroalkyl or polyfluoroalkyl substances;
and
(B) pause or cease procurement of products that
have not been identified as not containing
perfluoroalkyl or polyfluoroalkyl substances within a
reasonable timeline that accounts for--
(i) survey completion and product return;
and
(ii) identifying and securing safer
alternatives for the product.
(c) Best Available Science.--A determination that an action
complies with the policy described in subsection (a) or an action taken
under subsection (b) shall be based on the best available science.
(d) Savings Provision.--Nothing in this section affects any other
duty or obligation under Federal law.
SEC. 104. PERFLUOROALKYL OR POLYFLUOROALKYL SUBSTANCE RELEASE PHASEOUT.
(a) In General.--Beginning on the date that is 10 years after the
date of enactment of this Act, it shall be unlawful for any
manufacturer or user to release any quantity of perfluoroalkyl or
polyfluoroalkyl substance above the threshold of detection of a
detection method for perfluoroalkyl or polyfluoroalkyl substances that
is validated by the Administrator in a manner that permits that
perfluoroalkyl or polyfluoroalkyl substance to enter the environment.
(b) Rulemaking Required.--
(1) In general.--Not later than 7 years after the date of
enactment of this Act and after a period of notice and
opportunity for public comment, the Administrator shall
finalize a rule that--
(A) establishes a schedule for the phaseout of the
releases above the threshold of detection described in
subsection (a) by the date described in that
subsection; and
(B) establishes applicable detection methods and
relevant thresholds.
(2) Update.--The Administrator may update, in whole or in
part, the schedule required under subparagraph (A) of paragraph
(1) in accordance with that paragraph.
(3) Early adoption.--The Administrator may, in accordance
with the policy described in section 103(a) and after a period
of notice and opportunity for public comment, finalize a rule
before the rule required under paragraph (1) that--
(A) establishes a schedule for the phaseout or
banning of releases of individual perfluoroalkyl or
polyfluoroalkyl substances, mixtures of perfluoroalkyl
or polyfluoroalkyl substances, or subclasses of
perfluoroalkyl or polyfluoroalkyl substances above the
threshold of detection described in subsection (a) by
the date described in that subsection; and
(B) establishes applicable detection methods and
relevant thresholds.
(c) Savings Provision.--Nothing in this section affects any other
duty or obligation under any other Federal law.
SEC. 105. USE FOR RESEARCH.
(a) In General.--Notwithstanding any other provision of this title,
the Administrator may allow the use and detectable release of
perfluoroalkyl or polyfluoroalkyl substances described in subsections
(b) and (c) that do not place unreasonable risk on human health or the
environment for research, development, testing, and other similar
purposes to assist in the achievement of the policy described in
section 103(a).
(b) Remaining Stocks of Perfluoroalkyl or Polyfluoroalkyl
Substances.--
(1) In general.--A manufacturer or user with remaining
stocks of perfluoroalkyl or polyfluoroalkyl substances in the
possession of the manufacturer or user following cessation of
the manufacture or use of perfluoroalkyl or polyfluoroalkyl
substances may enter into an agreement with the Administrator,
an accredited research consortium, including Centers of
Excellence, National Laboratories of the Department of Energy,
institutions of higher education (as defined in section 101(a)
of the Higher Education Act of 1965 (20 U.S.C. 1001(a))), and
other relevant entities, as determined by the Administrator, in
order for such stocks to be available for use in accordance
with subsection (a).
(2) Requirement.--The Administrator may only enter into an
agreement under paragraph (1) if the actions to be carried out
under that agreement directly contribute to the achievement of
the policy described in section 103(a), as determined by the
Administrator.
(3) Savings provision.--Nothing in this subsection--
(A) affects an obligation of a manufacturer or user
to comply with a regulation or requirement associated
with the removal, disposal, or destruction of a
perfluoroalkyl or polyfluoroalkyl substance; or
(B) prohibits a manufacturer or user from using a
method of removal, disposal, or destruction of a
perfluoroalkyl or polyfluoroalkyl substance in
accordance with applicable law.
(c) Prohibition.--It shall be unlawful to develop or produce a
perfluoroalkyl or polyfluoroalkyl substance solely for the purposes of
activities authorized under subsection (a) unless the Administrator
determines it necessary to comply with the policy described in section
103(a).
SEC. 106. INSPECTIONS, MONITORING, AND ENTRY.
(a) In General.--For the purpose of determining whether a person is
in violation of this title or an amendment made by this title or for
the purposes of carrying out any provision of this title or an
amendment made by this title--
(1) the Administrator may require any manufacturer, user,
person who manufactures equipment for a manufacturer or user,
person who the Administrator believes may have information
necessary for the purposes described in this paragraph, or
person who is subject to the requirements of this title or an
amendment made by this title, on a 1-time, periodic, or
continuous basis--
(A) to install, use, and maintain such monitoring
equipment, and use such audit procedures or methods, as
the Administrator may require;
(B) to sample such releases (in accordance with
such procedures or methods, at such locations, at such
intervals, during such periods, and in such manner as
determined by the Administrator) as the Administrator
may require;
(C) to keep such records on control equipment
parameters, production variables, or other equivalent
indirect data as the Administrator may require when
direct monitoring of releases is impractical;
(D) to provide such other information as the
Administrator may require; and
(E) to provide records and reports within 30 days
of the date of a request by the Administrator for that
record or report; and
(2) the Administrator (including an authorized
representative of the Administrator), on presentation of the
credentials of the Administrator (or authorized representative
of the Administrator) shall--
(A) have a right of entry to, on, or through any
premises of the person or any premises in which any
records required to be maintained under paragraph (1)
are located; and
(B) at reasonable times, have a right to access and
copy any records, to inspect any monitoring equipment
or method required under paragraph (1), and to sample
any releases that the person is required to sample
under that paragraph.
(b) Public Availability.--Any record, report, or information
obtained by the Administrator under subsection (a) shall, subject to
section 14 of the Toxic Substances Control Act (15 U.S.C. 2613), be
made available to the public as soon as reasonably practicable.
SEC. 107. ENFORCEMENT.
(a) Compliance Orders.--
(1) In general.--Except as provided in paragraph (2),
whenever, on the basis of any information, the Administrator
determines that a person may have violated, or may be in
violation of, any requirement of this title or an amendment
made by this title, the Administrator may--
(A) issue an order--
(i) assessing a civil penalty for any past
or current violation in an amount that the
Administrator determines would remove any
economic benefit from the violation;
(ii) requiring compliance with that
requirement, either immediately or within a
specified period of time; or
(iii) that both assesses a civil penalty in
accordance with clause (i) and requires
compliance in accordance with clause (ii); or
(B) commence a civil action for appropriate relief,
including a temporary or permanent injunction, in the
United States district court for--
(i) the district in which the violation is
alleged to have occurred, or is occurring; or
(ii) the district in which the defendant
resides or in which the principal place of
business of the defendant is located.
(2) Notice to state.--Before issuing an order or commencing
an action under paragraph (1) for a violation of a requirement
of this title or an amendment made by this title, the
Administrator shall give notice to the State in which the
violation is alleged to have occurred.
(3) Suspension and revocation.--An order issued pursuant to
this subsection--
(A) may include a suspension or revocation of any
use of a perfluoroalkyl or polyfluoroalkyl substance
authorized under this title by the Administrator or a
State; and
(B) shall state with reasonable specificity the
nature of the violation for which the order was issued.
(4) Civil penalty.--
(A) Factors.--In assessing a civil penalty under
paragraph (1)(A)(i), the Administrator shall take into
account, as applicable--
(i) the seriousness of the violation;
(ii) the full compliance history of the
defendant and any good faith efforts to comply;
(iii) the size of the business of the
defendant;
(iv) the economic impact of the penalty on
the business of the defendant;
(v) the duration of the violation, as
established by credible evidence (including
evidence other than the applicable test
method);
(vi) the amount of penalties previously
assessed for the same violation;
(vii) the economic benefit of the
violation;
(viii) the cumulative impacts of--
(I) the full compliance history of
the defendant and any good faith
efforts to comply; and
(II) other environmental
contaminant exposures in impacted
communities and ecosystems; and
(ix) any other factor that justice may
require.
(B) Savings provision.--Nothing in this paragraph
affects the existing authority of the Administrator to
exercise enforcement discretion, including
consideration of supplemental environmental projects.
(b) Violation of Compliance Orders.--If a person subject to an
order issued under subsection (a)(1) fails to take corrective action
within the period specified in that order, the Administrator may assess
a civil penalty in an amount that the Administrator determines would
remove any economic benefit from the violation for each day of
continuing violation in accordance with subsection (a)(4).
(c) Criminal Penalties.--A person who recklessly violates any
material condition or requirement of any applicable standard under this
title (including regulations) or an amendment made by this title shall,
on conviction, be subject to--
(1) a fine in an amount that the Administrator determines
removes any economic benefit of the violation for each day of
continuing violation;
(2) imprisonment for a period of not more than 5 years; or
(3) both a fine under paragraph (1) and imprisonment under
paragraph (2).
(d) Relationship to Other Laws.--The Administrator shall carry out
this title and amendments made by this title in accordance with--
(1) the Clean Air Act (42 U.S.C. 7401 et seq.);
(2) the Toxic Substances Control Act (15 U.S.C. 2601 et
seq.);
(3) the Federal Water Pollution Control Act (33 U.S.C. 1251
et seq.);
(4) the Marine Protection, Research, and Sanctuaries Act of
1972 (33 U.S.C. 1401 et seq.);
(5) the Safe Drinking Water Act (42 U.S.C. 300f et seq.);
and
(6) the Solid Waste Disposal Act (42 U.S.C. 6901 et seq.)
(commonly known as the ``Resource Conservation and Recovery Act
of 1976'').
SEC. 108. CITIZEN SUITS.
(a) Citizen Suits Authorized.--
(1) In general.--Except as provided in subsections (b) and
(c), any person may commence a civil action on their own behalf
against--
(A) any manufacturer or user subject to the
requirements of this title or an amendment made by this
title (including a manufacturer, user, the United
States, and, to the extent permitted by the 11th
Amendment of the Constitution of the United States, any
other governmental instrumentality or agency) that is
alleged to be in violation of any standard, regulation,
condition, requirement, prohibition, schedule,
deadline, or order under this title;
(B) any manufacturer or user subject to the
requirements of this title or an amendment made by this
title (including the United States and, to the extent
permitted by the 11th Amendment of the Constitution of
the United States, any other governmental
instrumentality or agency) that is using a
perfluoroalkyl or polyfluoroalkyl substance that may
present an imminent and substantial endangerment to
human health or the environment; or
(C) the Administrator, if the Administrator is
alleged to have failed to perform any act or duty under
this title that is not discretionary.
(2) Jurisdiction.--
(A) Appropriate courts.--
(i) Violations and endangerment claims.--An
action brought under subparagraph (A) or (B) of
paragraph (1) shall be brought in the district
court for the district in which the alleged
violation or endangerment occurred.
(ii) Claims against the administrator.--An
action brought under paragraph (1)(C) may be
brought in--
(I) the United States district
court for the district in which the
alleged violation occurred; or
(II) the United States District
Court for the District of Columbia.
(B) Authority.--A district court described in
subparagraph (A) shall have jurisdiction--
(i) with respect to an action described in
paragraph (1)(A), to enforce the standard,
regulation, condition, requirement,
prohibition, schedule, deadline, or order
described in that paragraph;
(ii) with respect to an action described in
paragraph (1)(B), to order a person described
in that paragraph--
(I) to refrain from the use of the
perfluoroalkyl or polyfluoroalkyl
substance that may be contributing to
the imminent and substantial
endangerment;
(II) to take any action as may be
necessary to prevent the imminent and
substantial endangerment described in
that paragraph; or
(III) to carry out any combination
of actions described in subclauses (I)
and (II);
(iii) with respect to an action described
in paragraph (1)(C), to order the Administrator
to perform the act or duty referred to in that
paragraph; and
(iv) with respect to any action described
in paragraph (1), to apply any appropriate
civil remedy under this title.
(b) Additional Requirements.--
(1) Actions for enforcement of requirements.--
(A) Notice of violation.--
(i) In general.--No action may be brought
under subsection (a)(1)(A) unless, not less
than 60 days before the date on which the
action is brought, notice of the violation of
the standard, regulation, condition,
requirement, prohibition, schedule, deadline,
or order for which the action would be brought
is provided to--
(I) the Administrator;
(II) the State in which the alleged
violation occurred; and
(III) except as provided in clause
(ii), the alleged violator of the
applicable standard, regulation,
condition, requirement, prohibition,
schedule, deadline, or order.
(ii) Exception.--Notwithstanding clause
(i)(III), an action may be brought under
subsection (a)(1)(A) immediately after the
notice described in that clause is provided to
the alleged violator if the action is for a
violation of this title.
(B) No action if suit ongoing.--No action may be
brought under subsection (a)(1)(A) if the Administrator
or a State has commenced and is diligently prosecuting
a civil or criminal action in a court of the United
States or a State to require compliance with the
standard, regulation, condition, requirement,
prohibition, schedule, deadline, or order for which the
action under subsection (a)(1)(A) would be brought.
(C) Intervention as matter of right.--In an action
under brought under subsection (a)(1)(A) in a court of
the United States, any person may intervene as a matter
of right.
(2) Actions for endangerment.--
(A) Notice of endangerment.--No action may be
brought under subsection (a)(1)(B) unless, not less
than 90 days before the date on which the action is
brought, notice of the imminent and substantial
endangerment to human health or the environment is
provided to--
(i) the Administrator;
(ii) the State in which the endangerment
may occur; and
(iii) the person that is alleged to be
contributing to the use of the perfluoroalkyl
or polyfluoroalkyl substance causing the
endangerment.
(B) No action if suit is ongoing.--No action may be
commenced under subsection (a)(1)(B) if the
Administrator, in order to restrain or abate acts or
conditions that may have contributed or are
contributing to the activities which may present the
alleged endangerment, has commenced and is diligently
acting on an authority provided under an applicable
law.
(C) Intervention as matter of right.--In an action
under brought under subsection (a)(1)(B) in a court of
the United States, any person may intervene as a matter
of right.
(D) Notice of action.--A person bringing an action
under subsection (a)(1)(B) in a court of the United
States shall serve a copy of the complaint on--
(i) the Attorney General; and
(ii) the Administrator.
(3) Actions against the administrator.--
(A) Notice to administrator.--No action may be
brought under subsection (a)(1)(C) unless, not less
than 60 days before the date on which the action is
brought, the person bringing the action has given
notice to the Administrator of the intent to bring the
action.
(B) Form.--The Administrator shall prescribe the
form in which the notice under subparagraph (A) shall
be provided.
(c) Costs.--
(1) Attorney and expert witness fees.--A court, in issuing
any final order in an action brought pursuant to this section,
may award the costs of litigation (including reasonable
attorney and expert witness fees) to the prevailing or
substantially prevailing party, as the court determines to be
appropriate.
(2) Bond.--A court, in any action brought pursuant to this
section in which a temporary restraining order or preliminary
injunction is sought, may require the filing of a bond or
equivalent security in accordance with the Federal Rules of
Civil Procedure.
SEC. 109. IMMINENT HAZARD.
(a) Authority of the Administrator.--Notwithstanding any other
provision of this title or an amendment made by this title, on receipt
of evidence that the use of any perfluoroalkyl or polyfluoroalkyl
substance presents an imminent and unreasonable risk of serious or
widespread injury to public health or environment, without
consideration of costs or other nonrisk factors, the Administrator may
issue an order to or bring suit against any manufacturer or user
subject to the requirements of this title or an amendment made by this
title that is determined by the Administrator to be causing the
imminent and unreasonable risk--
(1) to restrain that manufacturer or user from that use;
(2) to order that manufacturer or user to take such other
action as may be necessary; or
(3) for the purposes described in paragraphs (1) and (2).
(b) Violations.--A manufacturer or user who willfully violates, or
fails or refuses to comply with, any order of the Administrator under
subsection (a) may, in an action brought in the appropriate United
States district court to enforce that order, be fined in an amount that
the Administrator determines removes any economic benefit of
noncompliance for each day in which the violation occurs or the failure
to comply continues.
(c) Immediate Notice.--On receipt of information that there is a
perfluoroalkyl or polyfluoroalkyl substance that presents an imminent
and substantial endangerment to human health or the environment, the
Administrator shall require the violating manufacturer or user, at cost
to the violating manufacturer or user--
(1) to provide immediate and public notice, within an
estimated radius of impact as determined appropriate by the
Administrator, to--
(A) the appropriate local government agencies and
public services, including impacted utilities,
including drinking water treatment plants, and public
health, law enforcement, and environmental protection
officials; and
(B) the community in which the endangerment is
occurring, including publicly accessible areas of
community congregation, including community recreation
and health centers, public libraries, public schools,
government offices, online message boards, listservs,
and social media used by members of that community, and
not-for-profit community services;
(2) to require--
(A) immediate and public notice to impacted members
of the community that is provided across communication
media and is easily accessible; and
(B) public meetings, in partnership with the
Administrator and local authorities and leaders, for
direct community engagement to provide health, safety,
and additional information to the community and to
field questions and concerns; and
(3) to provide regular updates with respect to the
endangerment in accordance with the methods described in
paragraphs (1) and (2).
SEC. 110. APPLICATION OF FEDERAL, STATE, AND LOCAL LAW TO FEDERAL
AGENCIES.
(a) Definitions.--In this section:
(1) Covered agency.--The term ``covered agency'' means a
department, agency, or instrumentality of the executive,
legislative, or judicial branch of the Federal Government
that--
(A) has jurisdiction over a facility that
manufactures a perfluoroalkyl or polyfluoroalkyl
substance; or
(B) is engaged in any activity that results, or may
result, in the treatment, disposal, or release of a
perfluoroalkyl or polyfluoroalkyl substance into the
environment.
(2) Reasonable service charge.--The term ``reasonable
service charge'', with respect to a requirement under Federal,
State, interstate, or local law, includes--
(A) fees or charges assessed in connection with
enforcement, compliance, and investigation activities
with respect to that requirement; and
(B) any other nondiscriminatory charge that is
assessed in connection with a Federal, State,
interstate, or local perfluoroalkyl or polyfluoroalkyl
regulatory program.
(b) Applicability of Laws.--
(1) In general.--Each covered agency shall be subject to,
and comply with, all Federal, State, interstate, and local laws
regulating perfluoroalkyl or polyfluoroalkyl substances,
including substantive and procedural requirements, in the same
manner and to the same extent as any person that is subject to
those requirements, including any requirements for the payment
of reasonable service charges.
(2) Inclusions.--The Federal, State, interstate, and local
requirements, including substantive and procedural
requirements, described in paragraph (1) include--
(A) an administrative order; and
(B) a civil or administrative penalty or fine,
regardless of whether that penalty or fine is--
(i) punitive or coercive in nature; or
(ii) imposed for isolated, intermittent, or
continuing violations.
(c) Waiver of Immunity.--
(1) In general.--The United States expressly waives any
immunity otherwise applicable to the United States with respect
to a Federal, State, interstate, or local requirement described
in subsection (b)(1), including any immunity with respect to
injunctive relief, an administrative order, or a civil or
administrative penalty or fine described in subsection
(b)(2)(B).
(2) No exemption.--Neither the United States nor an agent,
employee, or officer of the United States shall be immune or
exempt from any process or sanction of any Federal or State
court with respect to the enforcement of any injunctive relief
described in paragraph (1).
(3) No personal liability.--No agent, employee, or officer
of the United States shall be personally liable for any civil
penalty under any Federal, State, interstate, or local law
regulating perfluoroalkyl or polyfluoroalkyl substances with
respect to any act or omissions that is within the scope of the
official duties of the agent, employee, or officer.
(4) Criminal liability.--An agent, employee, or officer of
the United States shall be subject to any criminal sanction
(including fine or imprisonment) under any Federal or State law
regulating perfluoroalkyl or polyfluoroalkyl substances, but no
department, agency, or instrumentality of the Federal
Government shall be subject to such a criminal sanction.
(d) Exemption.--
(1) In general.--Subject to paragraph (4), the President
may exempt, in direct consultation with the Administrator, any
department, agency, or instrumentality of the executive branch
of the Federal Government from compliance with a requirement
under a Federal, State, interstate, or local law regulating
perfluoroalkyl or polyfluoroalkyl substances if the President
determines that the exemption is in the paramount interest of
the United States.
(2) Requirements.--
(A) Term.--An exemption under paragraph (1) shall
be for a period of not to exceed 1 year.
(B) Renewal.--The President may, in accordance with
paragraph (1), renew an exemption under that paragraph
for a period not to exceed 1 year for each renewal.
(C) Report to congress.--Not later than January 31
of each year, the President shall submit to Congress a
report that describes all exemptions granted under
paragraph (1) during the previous calendar year,
including a description of the reason for each
exemption.
(3) Public notice of exemption.--
(A) In general.--Subject to subparagraph (B), the
President, the Administrator, and the head of the
department, agency, or instrumentality subject to an
exemption under paragraph (1) shall immediately make
public the exemption, including any renewal of an
exemption under paragraph (2)(B).
(B) Waiver of public notice requirement.--The
President, in consultation with the Administrator, may
waive the requirement under subparagraph (A) if the
President, in consultation with the Administrator,
determines that the waiver is in the paramount interest
of national security.
(4) No exemption for lack of appropriations.--The President
may not grant an exemption under paragraph (1) due to a lack of
appropriation of amounts to comply with a requirement described
in that paragraph.
SEC. 111. JUDICIAL REVIEW.
(a) Review of Final Regulations and Certain Petitions.--
(1) In general.--Subject to paragraphs (2) and (3), any
judicial review of a final regulation promulgated pursuant to
this title or an amendment made by this title or a denial by
the Administrator for a petition for the promulgation,
amendment, or repeal of a regulation under this title or an
amendment made by this title shall be in accordance with this
title and any amendments made by this title.
(2) Limitations on bringing claims.--
(A) In general.--A petition for the judicial review
of an action of the Administrator in promulgating any
regulation or requirement under this title or an
amendment made by this title, or the denial of any
petition for the promulgation, amendment, or repeal of
a regulation under this title or an amendment made by
this title, may only be brought--
(i) in the United States Court of Appeals
for the District of Columbia; and
(ii) subject to subparagraph (B), not later
than 90 days after the date on which the
promulgation or denial occurred.
(B) Exception.--A petition described in
subparagraph (A) may be brought after the 90-day period
described in clause (ii) of that subparagraph if the
petition is based solely on grounds that arose after
the end of that 90-day period.
(C) No review.--An action of the Administrator with
respect to which review could have been obtained under
this subsection within the 90-day period described in
subparagraph (A)(ii), but was not, shall not be subject
to judicial review in any civil or criminal proceeding
for enforcement of this title or an amendment made by
this title.
(3) Proceedings for actions for which notice and comment is
required.--
(A) In general.--With respect to a petition for the
judicial review of a determination for which this title
or an amendment made by this title requires notice and
opportunity for hearing, if the party seeking the
judicial review applies to the court for leave to
adduce additional evidence, and demonstrates to the
satisfaction of the court that the evidence is material
and that there were reasonable grounds for the failure
to adduce that evidence in the proceeding before the
Administrator, the court may order that--
(i) additional evidence (and any rebuttal
evidence) be taken before the Administrator;
and
(ii) the Administrator adduce that evidence
in the hearing in such a manner and on such
terms and conditions as the court determines to
be appropriate.
(B) Revision.--Based on any evidence adduced
pursuant to subparagraph (A)(ii), the Administrator--
(i) may--
(I) modify the findings of the
Administrator as to the facts; or
(II) make new findings; and
(ii) if applicable, shall file with the
court--
(I) any modified or new findings
made; and
(II) the recommendation of the
Administrator, if any, regarding
whether to modify or set aside the
determination of the Administrator
being reviewed.
(C) Return of evidence.--On filing the findings and
recommendations required under subparagraph (B)(ii),
the Administrator shall return any additional evidence
that had been adduced.
(b) Review of Other Actions.--
(1) In general.--Any interested person may, in the court of
appeals of the United States for the judicial circuit in which
the person resides or transacts business, apply for review of
the actions of the Administrator in carrying out any mandatory
duties required under this title or an amendment made by this
title.
(2) Time limitations.--
(A) In general.--Subject to subparagraph (B), an
application for review under paragraph (1) shall be
made not later than 90 days after the date of the
applicable issuance, denial, modification, revocation,
grant, or withdrawal.
(B) Exception.--An application for review under
paragraph (1) may be made after the date described in
subparagraph (A) only if the application is based
solely on grounds that arose after the end of the 90-
day period described in that subparagraph.
(3) No later review.--An action of the Administrator with
respect to which review could have been obtained under
paragraph (1) within the 90-day period described in paragraph
(2)(B), but was not, shall not be subject to judicial review in
any civil or criminal proceeding for enforcement of this title
or an amendment made by this title.
(4) Requirement.--A review under paragraph (1) shall be
carried out in accordance with chapter 7 of title 5, United
States Code.
(c) Statutory or Common Law Rights Not Restricted.--Nothing in this
title or an amendment made by this title restricts any right that a
person or class of persons may have under statutory or common law to
seek enforcement of this title or an amendment made by this title or to
seek any other relief (including relief against the Administrator or a
State agency).
(d) Nonrestriction of Other Rights.--Nothing in this title or an
amendment made by this title or in any other law of the United States
prohibits, excludes, or restricts any State, local, or interstate
authority from bringing any enforcement action or obtaining any
judicial remedy or sanction in any State or local court with respect to
the manufacture or release of perfluoroalkyl or polyfluoroalkyl
substances.
SEC. 112. REGULATORY AUTHORITY.
(a) General Authority.--The Administrator may promulgate such
regulations as are necessary to carry out this title and the amendments
made by this title consistent with the policy described in section
103(a).
(b) Requirement.--In carrying out any rulemaking under this title
or an amendment made by this title that requires a period of notice and
opportunity for public comment, that rulemaking shall be carried out in
accordance with section 553 of title 5, United States Code.
SEC. 113. FUNDING.
(a) Authorization of Appropriations.--There are authorized to be
appropriated to the Administrator such sums as may be necessary to
carry out this title and the amendments made by this title, except for
section 101(i), for each of fiscal years 2024 through 2033.
(b) Fee Collection.--
(1) Definitions.--In this subsection:
(A) Petition fee.--The term ``petition fee'' means
the fee established by the Administrator under
paragraph (2)(B)(i)(II) to submit a petition to
designate a use of a perfluoroalkyl substance as a
nonessential use or an essential use under section
102(c).
(B) Small manufacturer.--The term ``small
manufacturer'' has the meaning given the term in
section 704.3 of title 40, Code of Federal Regulations
(or successor regulations).
(C) Supplemental report fee.--The term
``supplemental report fee'' means the fee established
by the Administrator under paragraph (2)(B)(i)(I) to
submit a supplemental report under subparagraph (B) of
section 8(a)(7) of the Toxic Substances Control Act (15
U.S.C. 2607(a)(7)).
(2) Establishment of fees.--
(A) Workload assessment analysis.--Not later than
180 days after the date of enactment of this Act, the
Administrator shall complete a workload assessment
analysis with respect to the costs expected on the
Administrator to carry out this title and the
amendments made by this title, which may include an
examination of the impacts of a reduced fee for small
manufacturers under subparagraph (C).
(B) Rulemaking.--
(i) In general.--Not later than 1 year
after the date on which the Administrator
completes the workload assessment analysis
under subparagraph (A), and using that workload
assessment analysis, the Administrator shall
complete a public and transparent rulemaking to
establish the requirements and fees necessary
to submit--
(I) the supplemental reports under
subparagraph (B) of section 8(a)(7) of
the Toxic Substances Control Act (15
U.S.C. 2607(a)(7)), including any
necessary requirements for supplemental
reports under that subparagraph; and
(II) a petition to designate a use
of a perfluoroalkyl or polyfluoroalkyl
substance as a nonessential use or an
essential use under section 102(c),
which shall include--
(aa) a separate fee for
each use for which a
designation is requested in the
petition; and
(bb) any necessary
requirements for the petition
process under that section.
(ii) Public review and comment.--The 1-year
period described in clause (i) shall include
not less than 90 days for public review and
comment on the proposed rulemaking under that
clause.
(iii) Factors.--In determining the amount
of the supplemental report fee and the petition
fee in the rulemaking required under clause
(i), the Administrator--
(I) shall consider--
(aa) usage of
perfluoroalkyl or
polyfluoroalkyl substances;
(bb) the volume of used
perfluoroalkyl or
polyfluoroalkyl substances; and
(cc) the known
toxicological risks of
individual perfluoroalkyl or
polyfluoroalkyl substances,
mixtures of perfluoroalkyl or
polyfluoroalkyl substances, and
subclasses of perfluoroalkyl or
polyfluoroalkyl substances, as
determined by sources of
information determined relevant
by the Administrator, including
the National PFAS Testing
Strategy and the Computational
Toxicology Chemicals Dashboard
of the Environmental Protection
Agency; and
(II) may consider the expected
total annual costs of administering the
non-discretionary provisions of this
title, including collecting,
processing, reviewing, providing access
to, and protecting from disclosure
confidential business information that
is subject to section 14 of the Toxic
Substances Control Act (15 U.S.C.
2613).
(C) Small manufacturers.--The Administrator may, in
the rulemaking required under subparagraph (B)(i),
reduce the supplemental report fee and the petition fee
for small manufacturers.
(D) Timeline; required minimum fees.--
(i) In general.--The Administrator shall
finalize the amount of the supplemental report
fee and the petition fee, including any reduced
fees for small manufacturers under subparagraph
(C), by the date that is not later than 2 years
after the date of enactment of this Act.
(ii) Required fee.--If the Administrator
fails to finalize the amount of the
supplemental report fee and the petition fee
within the 2-year period described in clause
(i)--
(I) the amount of the supplemental
report fee shall be $100,000 for each
supplemental report submitted under
subparagraph (B) of section 8(a)(7) of
the Toxic Substances Control Act (15
U.S.C. 2607(a)(7)), which may be lower
for small manufacturers as determined
by the Administrator; and
(II) the amount of the petition fee
shall be $100,000 for each petition
submitted under section 102(c), which
may be lower for small manufacturers as
determined by the Administrator.
(iii) Finalization of amounts.--Nothing in
this subparagraph requires the Administrator to
use the minimum fee amounts imposed by clause
(ii) after completion of the rulemaking process
required under subparagraph (B), even if that
rulemaking process is not completed within the
2-year period described in clause (i).
(3) Adjustment of fee amounts.--
(A) Adjustment for inflation.--
(i) In general.--On the date that is 3
years after the date on which the Administrator
establishes the amount of the supplemental
report fee and the petition fee, and every 3
years thereafter, the Administrator shall
adjust the amount of the supplemental report
fee and the petition fee to reflect changes for
the 36-month period ending the preceding
November 30 in the Consumer Price Index for All
Urban Consumers published by the Bureau of
Labor Statistics of the Department of Labor.
(ii) Adjustment of mandatory minimums.--If
the minimum fee amounts under paragraph
(2)(D)(ii) are in effect, clause (i) shall be
applied by substituting ``the date on which the
Administrator establishes the amount of the
supplemental report fee and the petition fee''
for ``the date on which minimum fee amounts
under paragraph (2)(D)(ii) come into effect''
until such time as the Administrator completes
the rulemaking process required under paragraph
(2)(B).
(B) Additional adjustment.--In addition to the
adjustment required under subparagraph (A), the
Administrator may, after a period of notice and
opportunity for public comment, further adjust the
amount of the supplemental report fee and the petition
fee.
(4) Waiver of fees.--The Administrator shall waive the
petition fee for any petition from a Federal agency or a State
agency to designate a use of a perfluoroalkyl substance as a
nonessential use or an essential use under section 102(c).
(5) Funds.--
(A) PFAS report assessment fund.--
(i) Establishment.--There is established in
the Treasury a fund, to be known as the ``PFAS
Report Assessment Fund'', to be administered by
the Administrator.
(ii) Deposits.--Each fiscal year, the
Secretary of the Treasury shall deposit into
the PFAS Report Assessment Fund an amount equal
to all supplemental report fees collected
during the previous fiscal year.
(iii) Contents.--The PFAS Report Assessment
Fund shall consist of--
(I) amounts deposited by the
Secretary of the Treasury under clause
(ii); and
(II) any appropriations made by
Congress.
(iv) Use of funds.--Amounts in the PFAS
Report Assessment Fund may be used, without
further appropriation, to carry out
subparagraph (B) of section 8(a)(7) of the
Toxic Substances Control Act (15 U.S.C.
2607(a)(7)).
(B) PFAS petition assessment fund.--
(i) Establishment.--There is established in
the Treasury a fund, to be known as the ``PFAS
Petition Assessment Fund'', to be administered
by the Administrator.
(ii) Deposits.--Each fiscal year, the
Secretary of the Treasury shall deposit into
the PFAS Petition Assessment Fund an amount
equal to all petition fees collected during the
previous fiscal year.
(iii) Contents.--The PFAS Petition
Assessment Fund shall consist of--
(I) amounts deposited by the
Secretary of the Treasury under clause
(ii); and
(II) any appropriations made by
Congress.
(iv) Use of funds.--Amounts in the PFAS
Petition Assessment Fund may be used, without
further appropriation, to carry out section
102(c).
(C) Interfund transfers.--The Administrator may, at
the discretion of the Administrator and without further
appropriation, transfer amounts between the PFAS Report
Assessment Fund and the PFAS Petition Assessment Fund.
(6) Termination of fees.--The Administrator may terminate
collection of the supplemental report fee and the petition fee
only after the Administrator determines, using a rulemaking
with a public comment period of not less than 90 days, a
science-based reason that the fee program is no longer
necessary.
SEC. 114. SEVERABILITY.
If any provision of this title, an amendment made by this title, or
the application of that provision or amendment to any person or
circumstance is held to be unconstitutional, the remainder of this
title and the amendments made by this title, and the application of the
provision or amendment to any other person or circumstance, shall not
be affected.
SEC. 115. RETENTION OF STATE AUTHORITY.
(a) General Policy.--
(1) In general.--Except as provided in paragraph (2),
beginning on the effective date of the regulations to carry out
this title or an amendment made by this title, no State or
political subdivision of a State may impose any requirement
that is less stringent than the requirements under this title
(including regulations) or an amendment made by this title with
respect to the same matters that are regulated under this title
(including regulations) or amendment.
(2) Exception.--If the application of any requirement under
this title (including regulations) or an amendment made by this
title is postponed or enjoined by action of a court, a State or
political subdivision of a State may impose requirements
described in paragraph (1) until such time as the requirements
under this title (including amendments made by this title) take
effect.
(b) Savings Provision.--Nothing in this title or an amendment made
by this title prohibits a State or political subdivision of a State
from imposing requirements that are more stringent than those imposed
by this title (including regulations) or an amendment made by this
title.
TITLE II--OTHER MATTERS WITH RESPECT TO PERFLUOROALKYL OR
POLYFLUOROALKYL SUBSTANCES
SEC. 201. CENTERS OF EXCELLENCE FOR ASSESSING PERFLUOROALKYL AND
POLYFLUOROALKYL SUBSTANCES IN WATER SOURCES AND
PERFLUOROALKYL AND POLYFLUOROALKYL SUBSTANCE REMEDIATION
SOLUTIONS.
(a) Purpose.--The purpose of this section is to dedicate resources
to advancing, and expanding access to, perfluoroalkyl or
polyfluoroalkyl substance detection and remediation science, research,
and technologies through Centers of Excellence for Assessing
Perfluoroalkyl and Polyfluoroalkyl Substances in Water Sources and
Perfluoroalkyl and Polyfluoroalkyl Substance Remediation Solutions.
(b) Definitions.--In this section:
(1) Appropriate committees of congress.--The term
``appropriate committees of Congress'' means--
(A) the congressional defense committees (as
defined in section 101(a) of title 10, United States
Code);
(B) the Committee on Environment and Public Works,
the Committee on Energy and Natural Resources, and the
Committee on Veterans' Affairs of the Senate; and
(C) the Committee on Energy and Commerce, the
Committee on Natural Resources, the Committee on
Science, Space, and Technology, and the Committee on
Veterans' Affairs of the House of Representatives.
(2) Center.--The term ``Center'' means the Center of
Excellence for Assessing Perfluoroalkyl and Polyfluoroalkyl
Substances in Water Sources and Perfluoroalkyl and
Polyfluoroalkyl Substance Remediation Solutions established
under subsection (c)(1)(A).
(3) Centers.--The term ``Centers'' means--
(A) the Center; and
(B) the Rural Center.
(4) Eligible research university.--The term ``eligible
research university'' means an institution of higher education
(as defined in section 101(a) of the Higher Education Act of
1965 (20 U.S.C. 1001(a))) that--
(A) has annual research expenditures of not less
than $750,000,000; and
(B) is located near a population center of not
fewer than 5,000,000 individuals.
(5) Eligible rural university.--The term ``eligible rural
university'' means an institution of higher education that--
(A) is located in a State described in section
1703(d)(1)(C)(iii)(I) of title 38, United States Code;
and
(B) is a member of the National Security Innovation
Network in the Rocky Mountain Region.
(6) EPA method 533.--The term ``EPA Method 533'' means the
method described in the document of the Environmental
Protection Agency entitled ``Method 533: Determination of Per-
and Polyfluoroalkyl Substances in Drinking Water by Isotope
Dilution Anion Exchange Solid Phase Extraction and Liquid
Chromatography/Tandem mass Spectrometry'' (or a successor
document).
(7) EPA method 537.1.--The term ``EPA Method 537.1'' means
the method described in the document of the Environmental
Protection Agency entitled ``Determination of Selected Per- and
Polyfluorinated Alkyl Substances in Drinking Water by Solid
Phase Extraction and Liquid Chromatography/Tandem Mass
Spectrometry (LC/MS/MS)'' (or a successor document).
(8) National laboratory.--The term ``National Laboratory''
has the meaning given the term in section 2 of the Energy
Policy Act of 2005 (42 U.S.C. 15801).
(9) Rural center.--The term ``Rural Center'' means the
Rural Center of Excellence for Assessing Perfluoroalkyl and
Polyfluoroalkyl Substances in Water Sources and Perfluoroalkyl
and Polyfluoroalkyl Substance Remediation Solutions established
under subsection (c)(1)(B).
(c) Establishment.--
(1) In general.--The Administrator shall--
(A)(i) select from among the applications submitted
under paragraph (2)(A) an eligible research university
and a National Laboratory applying jointly for the
establishment of a center, to be known as the ``Center
of Excellence for Assessing Perfluoroalkyl and
Polyfluoroalkyl Substances in Water Sources and
Perfluoroalkyl and Polyfluoroalkyl Substance
Remediation Solutions'', which shall be a bi-
institutional collaboration between the eligible
research university and National Laboratory co-
applicants; and
(ii) guide and assist the eligible research
university and National Laboratory in the establishment
of that center; and
(B)(i) select from among the applications submitted
under paragraph (2)(B) an eligible rural university for
the establishment of an additional center, to be known
as the ``Rural Center of Excellence for Assessing
Perfluoroalkyl and Polyfluoroalkyl Substances in Water
Sources and Perfluoroalkyl and Polyfluoroalkyl
Substance Remediation Solutions''; and
(ii) guide and assist the eligible rural university
in the establishment of that center.
(2) Applications.--
(A) Center.--
(i) In general.--An eligible research
university and National Laboratory desiring to
establish the Center shall jointly submit to
the Administrator an application at such time,
in such manner, and containing such information
as the Administrator may require.
(ii) Criteria.--In evaluating applications
submitted under clause (i), the Administrator
shall only consider applications that--
(I) include evidence of an existing
partnership between the co-applicants
that is dedicated to supporting and
expanding shared scientific goals with
a clear pathway to collaborating on
furthering science and research
relating to perfluoroalkyl or
polyfluoroalkyl substances;
(II) demonstrate a history of
collaboration between the co-applicants
on the advancement of shared research
capabilities, including instrumentation
and research infrastructure relating to
perfluoroalkyl or polyfluoroalkyl
substances;
(III) indicate that the co-
applicants have the capacity to expand
education and research opportunities
for undergraduate and graduate students
to prepare a generation of experts in
sciences relating to perfluoroalkyl or
polyfluoroalkyl substances;
(IV) demonstrate that the National
Laboratory co-applicant is equipped to
scale up newly discovered materials and
methods for perfluoroalkyl or
polyfluoroalkyl substance detection and
perfluoroalkyl or polyfluoroalkyl
substance removal processes for low-
risk, cost-effective, and validated
commercialization; and
(V) identify 1 or more staff
members of the eligible research
university co-applicant and 1 or more
staff members of the National
Laboratory co-applicant who--
(aa) have expertise in
sciences relevant to
perfluoroalkyl or
polyfluoroalkyl substance
detection and remediation; and
(bb) have been jointly
selected, and will be jointly
appointed, by the co-applicants
to lead, and carry out the
purposes of, the Center.
(B) Rural center.--An eligible rural university
desiring to establish the Rural Center shall submit to
the Administrator an application at such time, in such
manner, and containing such information as the
Administrator may require.
(3) Timing.--
(A) In general.--Subject to subparagraph (B), the
Centers shall be established not later than 1 year
after the date of enactment of this Act.
(B) Delay.--If the Administrator determines that a
delay in the establishment of 1 or both of the Centers
is necessary, the Administrator--
(i) not later than the date described in
subparagraph (A), shall submit a notification
to the appropriate committees of Congress
explaining the necessity of the delay; and
(ii) shall ensure that the 1 or more
Centers for which a delay is necessary are
established not later than 3 years after the
date of enactment of this Act.
(4) Requirement.--The Administrator shall carry out
subparagraphs (A) and (B) of paragraph (1)--
(A) in coordination with the Secretary of Energy,
as the Administrator determines to be appropriate; and
(B) in consultation with the Strategic
Environmental Research and Development Program and the
Environmental Security Technology Certification Program
of the Department of Defense.
(d) Duties and Capabilities of the Centers.--
(1) In general.--The Centers shall develop and maintain--
(A) capabilities for measuring, using methods
certified by the Environmental Protection Agency,
perfluoroalkyl or polyfluoroalkyl substance
contamination in drinking water, ground water, and any
other relevant environmental, municipal, industrial, or
residential water samples; and
(B) capabilities for--
(i) evaluating emerging perfluoroalkyl or
polyfluoroalkyl substance removal and
destruction technologies and methods; and
(ii) benchmarking those technologies and
methods relative to existing technologies and
methods.
(2) Requirements.--
(A) In general.--In carrying out paragraph (1), the
Centers shall, at a minimum--
(i) develop instruments and personnel
capable of analyzing perfluoroalkyl or
polyfluoroalkyl substance contamination in
water using EPA method 533, EPA method 537.1,
any future method or updated method, or any
other relevant method for detecting
perfluoroalkyl or polyfluoroalkyl substances in
water;
(ii) develop and maintain capabilities for
evaluating the removal of perfluoroalkyl or
polyfluoroalkyl substances from water using
newly developed adsorbents or membranes;
(iii) develop and maintain capabilities to
evaluate the degradation of perfluoroalkyl or
polyfluoroalkyl substances in water or other
media;
(iv) make the capabilities and instruments
developed under clauses (i) through (iii)
available to researchers throughout the regions
in which the Centers are located; and
(v) make reliable perfluoroalkyl or
polyfluoroalkyl substance measurement
capabilities and instruments available to
municipalities and individuals in the region in
which the Centers are located at reasonable
cost.
(B) Open-access research.--The Centers shall
provide open access to the research findings of the
Centers.
(e) Coordination With Other Federal Agencies.--The Administrator
may, as the Administrator determines to be necessary, use staff and
other resources from other Federal agencies in carrying out this
section.
(f) Reports.--
(1) Report on establishment of center.--With respect to
each of the Center and the Rural Center, not later than 1 year
after the date on which the center is established under
subsection (c), the Administrator, in coordination with that
center, shall submit to the appropriate committees of Congress
a report describing--
(A) the establishment of that center; and
(B) the activities of that center since the date on
which that center was established.
(2) Annual reports.--With respect to each of the Center and
the Rural Center, not later than 1 year after the date on which
the report under paragraph (1) for that center is submitted,
and annually thereafter until the date on which that center is
terminated under subsection (g), the Administrator, in
coordination with that center, shall submit to the appropriate
committees of Congress a report describing--
(A) the activities of that center during the year
covered by the report; and
(B) any policy, research, or funding
recommendations relating to the purposes or activities
of that center.
(g) Termination.--
(1) In general.--Subject to paragraph (2), the Centers
shall terminate on October 1, 2033.
(2) Extension.--If the Administrator, in consultation with
the Centers, determines that the continued operation of 1 or
both of the Centers beyond the date described in paragraph (1)
is necessary to advance science and technologies to address
perfluoroalkyl or polyfluoroalkyl substance contamination--
(A) the Administrator shall submit to the
appropriate committees of Congress--
(i) a notification of that determination;
and
(ii) a description of the funding necessary
for the applicable 1 or more Centers to
continue in operation and fulfill their
purpose; and
(B) subject to the availability of funds, may
extend the duration of the applicable 1 or more Centers
for such time as the Administrator determines to be
appropriate.
(h) Funding.--
(1) In general.--Of the amounts authorized to be
appropriated to the Department of Defense for fiscal year 2024
for the Strategic Environmental Research and Development
Program and the Environmental Security Technology Certification
Program of the Department of Defense, $25,000,000 shall be made
available to the Administrator to carry out this section, to
remain available until September 30, 2033.
(2) Administrative costs.--Not more than 4 percent of the
amounts made available to the Administrator under paragraph (1)
shall be used by the Administrator for the administrative costs
of carrying out this section.
SEC. 202. ACTIONS UNDER STATE LAW FOR DAMAGES FROM EXPOSURE TO
HAZARDOUS SUBSTANCES.
Section 309 of the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980 (42 U.S.C. 9658) is amended--
(1) in subsection (a)--
(A) in the subsection heading, by inserting ``and
Statutes of Repose'' after ``Limitations'';
(B) in paragraph (1)--
(i) in the paragraph heading, by inserting
``of limitations'' after ``statutes''; and
(ii) by inserting ``statute of'' after
``applicable'';
(C) by redesignating paragraphs (2) and (3) as
paragraphs (3) and (4), respectively;
(D) by inserting after paragraph (1) the following:
``(2) Exception to state statutes of repose.--In the case
of any action brought under State law for personal injury, or
property damages, which are caused or contributed to by
exposure to any hazardous substance, or pollutant or
contaminant, released into the environment from a facility, if
the applicable statute of repose period for such action (as
specified in the State statute of repose or under common law)
provides a commencement date which is earlier than the
federally required commencement date, such period shall
commence at the federally required commencement date in lieu of
the date specified in such State statute.''; and
(E) in paragraph (3) (as so redesignated)--
(i) by striking ``paragraph (1)'' and
inserting ``paragraphs (1) and (2)''; and
(ii) by inserting ``or statute of repose''
after ``statute of limitations''; and
(2) in subsection (b)--
(A) in paragraph (2)--
(i) in the paragraph heading, by inserting
``statute of'' after ``applicable''; and
(ii) by inserting ``statute of'' after
``applicable'';
(B) by redesignating paragraphs (3) and (4) as
paragraphs (4) and (5), respectively;
(C) by inserting after paragraph (2) the following:
``(3) Applicable statute of repose period.--The term
`applicable statute of repose period' means the period
specified in a statute of repose during which a civil action
referred to in subsection (a)(2) may be brought.'';
(D) in paragraph (4) (as so redesignated)--
(i) by inserting ``or statute of repose''
after ``statute of limitations''; and
(ii) by striking ``applicable limitations
period'' and inserting ``applicable statute of
limitations period or applicable statute of
repose period, respectively''; and
(E) in paragraph (5) (as so redesignated)--
(i) in subparagraph (A), by striking
``subsection (a)(1)'' and inserting ``paragraph
(1) or (2) of subsection (a)''; and
(ii) in subparagraph (B)--
(I) by redesignating clauses (i)
and (ii) as subclauses (I) and (II),
respectively, and indenting
appropriately;
(II) in the matter preceding
subclause (I) (as so redesignated), by
striking ``In the case'' and inserting
the following:
``(i) Minors and incompetents.--In the
case''; and
(III) by adding at the end the
following:
``(ii) Newly designated hazardous
substances.--In the case of a contaminant of
emerging concern, pollutant, chemical, waste,
or other substance that is designated as a
hazardous substance on or after August 1, 2022,
the term `federally required commencement date'
means the latter of--
``(I) the date on which that
contaminant of emerging concern,
pollutant, chemical, waste, or other
substance is designated as a hazardous
substance; and
``(II) the date on which the
plaintiff knew (or reasonably should
have known) that the personal injury or
property damages referred to in
paragraph (1) or (2) of subsection (a)
were caused or contributed to by that
contaminant of emerging concern,
pollutant, chemical, waste, or other
substance.''.
SEC. 203. BANKRUPTCY PROVISION RELATING TO PERSISTENT, BIOACCUMULATIVE,
AND TOXIC CHEMICALS DEFENDANTS AND DEBTORS.
(a) In General.--Title III of the Comprehensive Environmental
Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9651 et
seq.) is amended by adding at the end the following:
``SEC. 313. SPECIAL PROVISION RELATING TO PERSISTENT, BIOACCUMULATIVE,
AND TOXIC CHEMICALS DEFENDANTS AND DEBTORS.
``(a) Definitions.--In this section:
``(1) Claim; debtor; entity; petition.--The terms `claim',
`debtor', `entity', and `petition' have the meanings given
those terms in section 101 of title 11, United States Code.
``(2) Estate.--The term `estate' means an estate of a
debtor described in section 541 of title 11, United States
Code.
``(3) Nondebtor entity.--The term `nondebtor entity' means
an entity that is not a debtor or an estate.
``(4) PBT claim.--The term `PBT claim' means a claim based
on, arising from, or attributable to the presence of, or
exposure to--
``(A) a perfluoroalkyl or polyfluoroalkyl
substance; or
``(B) any persistent, bioaccumulative, and toxic
chemical, as designated under section 6(h) of the Toxic
Substances Control Act (15 U.S.C. 2605(h)).
``(b) Automatic Stay.--The filing of a petition does not operate as
a stay under section 362(a) of title 11, United States Code, of the
commencement or continuation, including the issuance or employment of
process, of a judicial, administrative, or other action or proceeding
against a nondebtor entity, or any act to obtain or recover property of
a nondebtor entity, on account of or with respect to a PBT claim
against the nondebtor entity, the debtor, or the estate (including a
claim or cause of action against the nondebtor entity that is property
of the debtor or the estate).''.
(b) Effective Date.--
(1) In general.--Except as provided in paragraph (2), this
section and the amendment made by this section--
(A) shall take effect on the date of enactment of
this Act; and
(B) shall apply to any case under title 11, United
States Code, that is--
(i) pending as of the date of enactment of
this Act; or
(ii) commenced or reopened on or after the
date of enactment of this Act.
(2) Validity of final orders.--Nothing in this section, or
the amendment made by this section, shall affect the validity
of any final judgment, order, or decree entered before the date
of enactment of this Act.
<all>