[Congressional Record Volume 170, Number 68 (Thursday, April 18, 2024)]
[Senate]
[Pages S2877-S2887]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      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.

                          ____________________