[Congressional Record Volume 170, Number 68 (Thursday, April 18, 2024)]
[Senate]
[Pages S2876-S2887]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS
______
By Mr. PADILLA (for himself and Mr. Tillis):
S. 4157. A bill to amend the Water Resources Development Act of 1986
to improve compensatory mitigation, and for other purposes; to the
Committee on Environment and Public Works.
Mr. PADILLA. Madam President, I rise to introduce bipartisan
legislation that aims to improve flexibility around compensatory and
environmental mitigation for U.S Army Corps of Engineers Civil Works
infrastructure projects. This legislation would provide the Army Corps
with the authority to contract with a third-party provider for the
full-scale delivery of compensatory mitigation for Civil Works
projects.
Compensatory mitigation refers to the restoration, establishment,
enhancement, or preservation of wetlands, streams, or other aquatic
resources for the purpose of offsetting unavoidable adverse impacts
authorized by Clean Water Act section 404 permits and other Department
of the Army permits. Not only does the Army Corps require Clean Water
Act permittees to mitigate for discharges into U.S. waters, the Corps
itself must also mitigate for impacts from Civil Works flood control,
navigation, and water supply projects
U.S. Army Corps of Engineers Civil Works projects often impact
jurisdictional waters under the Clean Water Act or terrestrial and
aquatic species which require mitigation offsets. However, since 2015,
the Corps has started or completed an average of just 58 percent of its
required annual mitigation, which means about 42 percent of Civil Works
projects have been constructed without their impacts timely addressed
through mitigation, according to annual status reports on construction
projects requiring mitigation.
The urgent need to improve the delivery and durability of mitigation
alongside Civil Works projects is even greater in California's
Sacramento region, which is one of the most at-risk areas for flooding
in the United States due to its location at the confluence of and
within the floodplain of the American and Sacramento Rivers.
American River Common Features is a Corps Civil Works flood control
project that is critical to protect the growing city of Sacramento and
surrounding areas. However, due to a mitigation bank credit shortage in
the Sacramento Region, there are no available credits to offset the
projects impacts for the Corps, and the inability to directly contract
with a third-party risks delaying construction of this critical public
safety project.
This legislation would allow the Corps to directly contract with a
third-party for the use of permittee-responsible compensatory
mitigation, mitigation banks, and in-lieu programs, and apply
performance standards and criteria outlined by the U.S. Army Corps of
Engineers, DoD, and U.S. Environmental Protection Agency regulations
issued in 2008 to improve the quality and success of compensatory
mitigation projects for activities authorized by Department of the Army
permits.
As stated in the Federal Register, ``This rule improves the planning,
implementation and management of compensatory mitigation projects by
emphasizing a watershed approach in selecting compensatory mitigation
project locations, requiring measurable, enforceable ecological
performance standards and regular monitoring for all types of
compensation and specifying the components of a complete compensatory
mitigation plan, including assurances of long-term protection of
compensation sites, financial assurances, and identification of the
parties responsible for specific project tasks.''
While the bill does not require Corps Civil Works to utilize this
authority, clarifying the Corps' authority to directly contract with
third-parties, as this legislation does, would improve the delivery and
durability of compensatory mitigation projects for Civil Works projects
across the country to ensure the construction of critical flood
control, navigation, and water supply projects.
I thank my colleague Senator Tillis from North Carolina for
introducing this bill with me, and I look forward to its consideration
for the 2024 Water Resources Development Act.
______
By Mr. DURBIN (for himself and Ms. Duckworth):
[[Page S2877]]
S. 4164. A bill to authorize the Secretary of the Interior to conduct
a special resource study of the Cahokia Mounds and surrounding land in
the States of Illinois and Missouri, and for other purposes; to the
Committee on Energy and Natural Resources.
Mr. DURBIN. Madam President, I ask unanimous consent that the text of
the bill be printed in the Record.
There being no objection, the text of the bill was ordered to be
printed in the Record, as follows:
S. 4164
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Cahokia Mounds Mississippian
Culture Study Act''.
SEC. 2. FINDINGS.
Congress finds that--
(1) the city of Cahokia--
(A) was inhabited from approximately A.D. 700 to 1400; and
(B) at its peak from A.D. 1050 to 1200--
(i) covered nearly 6 square miles; and
(ii) was home to 10,000 to 20,000 people;
(2) more than 120 mounds were built over time at the site
of the city of Cahokia;
(3) the site of the city of Cahokia is named for the
Cahokia subtribe of the Illinois Confederation, who moved
into the area in the 1600s;
(4) the city of Cahokia was the central hub and largest
city of the Mississippian culture that ruled and traded
across half of North America, more than 1,250,000 square
miles;
(5) the city of Cahokia--
(A) was the first known organized urbanization and
government north of Mexico; and
(B) at its peak, was larger than most European cities,
including London;
(6) some of the Cahokia Mounds, which were built from A.D.
900 to 1400, still stand as earthen monuments and remnants of
Mississippian culture, which is the greatest prehistoric
ancient culture in North America, the people of which are
ancestors to many of today's First People and Nations; and
(7) the Cahokia Mounds are designated as--
(A) a National Historic Landmark;
(B) an Illinois State Historic Site; and
(C) a United Nations Educational, Scientific, and Cultural
Organization World Heritage Site.
SEC. 3. DEFINITIONS.
In this Act:
(1) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(2) Study area.--The term ``Study Area'' means--
(A) the Cahokia Mounds site;
(B) land in Collinsville and Monroe, Madison, and St. Clair
Counties, Illinois, and St. Louis County, Missouri,
surrounding the Cahokia Mounds site;
(C) satellite sites thematically connected to the Cahokia
Mounds site; and
(D) Mitchell Mound, Sugarloaf Mound, Emerald Mound, Pulcher
Mounds, East St. Louis Mounds, and the St. Louis Mound Group.
SEC. 4. SPECIAL RESOURCE STUDY.
(a) Study.--The Secretary shall conduct a special resource
study of the Study Area.
(b) Contents.--In conducting the study under subsection
(a), the Secretary shall--
(1) evaluate the national significance of the Study Area;
(2) determine the suitability and feasibility of
designating the Study Area as a unit of the National Park
System;
(3) consider other alternatives for preservation,
protection, and interpretation of the Study Area by--
(A) Federal, State, or local governmental entities; or
(B) private and nonprofit organizations;
(4) consult with--
(A) interested entities of the Federal Government or State
or local governmental entities;
(B) private and nonprofit organizations; or
(C) any other interested individuals; and
(5) identify cost estimates for any Federal acquisition,
development, interpretation, operation, and maintenance
associated with the alternatives considered under paragraph
(3).
(c) Applicable Law.--The study required under subsection
(a) shall be conducted in accordance with section 100507 of
title 54, United States Code.
(d) Report.--Not later than 1 year after the date on which
funds are first made available to conduct the study required
under subsection (a), the Secretary shall submit to the
Committee on Energy and Natural Resources of the Senate and
the Committee on Natural Resources of the House of
Representatives a report containing--
(1) the results of the study; and
(2) any conclusions and recommendations of the Secretary.
(e) Funding.--The study required under subsection (a) shall
be carried out using existing funds of the National Park
Service.
______
By Mr. DURBIN:
S. 4187. 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; to the Committee on Environment and Public Works.
Mr. DURBIN. Madam President, I ask unanimous consent that the text of
the bill be printed in the Record.
There being no objection, the text of the bill was ordered to be
printed in the Record, as follows:
S. 4187
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)).
[[Page S2878]]
(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.
[[Page S2879]]
(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
[[Page S2880]]
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
[[Page S2881]]
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).
[[Page S2882]]
(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--
[[Page S2883]]
(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
[[Page S2884]]
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
[[Page S2885]]
(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 Statistic 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
[[Page S2886]]
(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.
[[Page S2887]]
(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.
____________________