H.R. 8074

[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 8074 Introduced in House (IH)]

<DOC>

118th CONGRESS
2d Session
H. R. 8074

To phase out production of nonessential uses of perfluoroalkyl or 
polyfluoroalkyl substances, to prohibit releases of all perfluoroalkyl 
or polyfluoroalkyl substances, and for other purposes.

_______________________________________________________________________

IN THE HOUSE OF REPRESENTATIVES

April 18, 2024

Ms. McCollum (for herself and Ms. Pingree) introduced the following 
bill; which was referred to the Committee on Energy and Commerce, and 
in addition to the Committees on Oversight and Accountability, Science, 
Space, and Technology, Transportation and Infrastructure, and Armed 
Services, for a period to be subsequently determined by the Speaker, in 
each case for consideration of such provisions as fall within the 
jurisdiction of the committee concerned

_______________________________________________________________________

A BILL

To phase out production of nonessential uses of perfluoroalkyl or 
polyfluoroalkyl substances, to prohibit releases of all perfluoroalkyl 
or polyfluoroalkyl substances, and for other purposes.

Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

(a) Short Title.--This Act may be cited as the ``Forever Chemical 
Regulation and Accountability Act of 2024''.
(b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
TITLE I--PHASEOUT OF NONESSENTIAL PERFLUOROALKYL AND POLYFLUOROALKYL 
SUBSTANCES AND ALL RELEASES

Sec. 101. Agreement with the National Academies concerning the 
essential uses of perfluoroalkyl or 
polyfluoroalkyl substances.
Sec. 102. Manufacturing and use phaseout program.
Sec. 103. United States perfluoroalkyl or polyfluoroalkyl substance 
policy.
Sec. 104. Perfluoroalkyl or polyfluoroalkyl substance release phaseout.
Sec. 105. Use for research.
Sec. 106. Inspections, monitoring, and entry.
Sec. 107. Enforcement.
Sec. 108. Citizen suits.
Sec. 109. Imminent hazard.
Sec. 110. Application of Federal, State, and local law to Federal 
agencies.
Sec. 111. Judicial review.
Sec. 112. Regulatory authority.
Sec. 113. Funding.
Sec. 114. Severability.
Sec. 115. Retention of State authority.
TITLE II--OTHER MATTERS WITH RESPECT TO PERFLUOROALKYL OR 
POLYFLUOROALKYL SUBSTANCES

Sec. 201. Centers of Excellence for Assessing Perfluoroalkyl and 
Polyfluoroalkyl Substances in Water Sources 
and Perfluoroalkyl and Polyfluoroalkyl 
Substance Remediation Solutions.
Sec. 202. Actions under State law for damages from exposure to 
hazardous substances.
Sec. 203. Bankruptcy provision relating to persistent, bioaccumulative, 
and toxic chemicals defendants and debtors.

SEC. 2. DEFINITIONS.

In this Act:
(1) Administrator.--The term ``Administrator'' means the 
Administrator of the Environmental Protection Agency.
(2) Centers of excellence.--The term ``Centers of 
Excellence'' means--
(A) the Center of Excellence for Assessing 
Perfluoroalkyl and Polyfluoroalkyl Substances in Water 
Sources and Perfluoroalkyl and Polyfluoroalkyl 
Substance Remediation Solutions established under 
section 201(c)(1)(A); and
(B) the Rural Center of Excellence for Assessing 
Perfluoroalkyl and Polyfluoroalkyl Substances in Water 
Sources and Perfluoroalkyl and Polyfluoroalkyl 
Substance Remediation Solutions established under 
section 201(c)(1)(B).
(3) Essential use.--The term ``essential use'', with 
respect to a perfluoroalkyl or polyfluoroalkyl substance, means 
a use of the perfluoroalkyl or polyfluoroalkyl substance that 
is designated under section 102(c), as reflected under a review 
or recommendation under any applicable report under section 
101(h) (including a subsequent report), as being an essential 
use because the use of the perfluoroalkyl or polyfluoroalkyl 
substance in an item or process is--
(A) critical for the health, safety, or functioning 
of society;
(B) necessary for the item or process to function; 
and
(C) a use for which a safer alternative is not 
available.
(4) Manufacturer.--
(A) In general.--The term ``manufacturer'' means 
any person who--
(i) imports into the United States, a 
territory of the United States, or a Freely 
Associated State a perfluoroalkyl or 
polyfluoroalkyl substance;
(ii) exports from the United States, a 
territory of the United States, or a Freely 
Associated State a perfluoroalkyl or 
polyfluoroalkyl substance;
(iii) produces a perfluoroalkyl or 
polyfluoroalkyl substance;
(iv) manufactures a perfluoroalkyl or 
polyfluoroalkyl substance; or
(v) processes a perfluoroalkyl or 
polyfluoroalkyl substance.
(B) Inclusions.--The term ``manufacturer'' includes 
importers and exporters of products that are known to 
contain perfluoroalkyl or polyfluoroalkyl substances.
(C) Exclusion.--The term ``manufacturer'' does not 
include an entity that neither manufactures nor uses 
perfluoroalkyl or polyfluoroalkyl substances, but 
receives perfluoroalkyl or polyfluoroalkyl substances 
in the normal course of operations of the entity, 
including a solid waste management facility, a 
composting facility, a public water system (as defined 
in section 1401 of the Safe Drinking Water Act (42 
U.S.C. 300f)), and a publicly or privately owned or 
operated treatment works (as defined in section 212 of 
the Federal Water Pollution Control Act (33 U.S.C. 
1292)).
(5) National academies.--The term ``National Academies'' 
means the National Academies of Sciences, Engineering, and 
Medicine.
(6) Nonessential use.--The term ``nonessential use'' means 
a use of a perfluoroalkyl or polyfluoroalkyl substance that is 
not an essential use.
(7) Perfluoroalkyl or polyfluoroalkyl substance.--The term 
``perfluoroalkyl or polyfluoroalkyl substance'' means a 
substance that is a perfluoroalkyl substance or a 
polyfluoroalkyl substance (as those terms are defined in 
section 7331(2)(B) of the PFAS Act of 2019 (15 U.S.C. 
8931(2)(B))), including a mixture of those substances.
(8) Process.--The term ``process'', with respect to a 
perfluoroalkyl or polyfluoroalkyl substance, means the 
preparation of the perfluoroalkyl or polyfluoroalkyl substance, 
including preparation that includes the mixture of multiple 
perfluoroalkyl or polyfluoroalkyl substances, after the 
manufacture of that perfluoroalkyl or polyfluoroalkyl substance 
for distribution in commerce--
(A) in the same form or physical state as, or in a 
different form or physical state from, that in which 
the perfluoroalkyl or polyfluoroalkyl substance was 
received by the person so preparing the perfluoroalkyl 
or polyfluoroalkyl substance; or
(B) as part of an article containing the 
perfluoroalkyl or polyfluoroalkyl substance.
(9) Safer alternative.--The term ``safer alternative'', 
with respect to the use of a perfluoroalkyl or polyfluoroalkyl 
substance, means a use that--
(A) does not require the use of a perfluoroalkyl or 
polyfluoroalkyl substance to achieve the intended 
function;
(B) demonstrates adequate performance for the 
intended use;
(C) does not pose an unreasonable chronic or acute 
risk to the environment or public health as compared to 
the substance being replaced, including any harm that 
may result from persistence, bioaccumulation, and 
toxicity in any environment or human system, either by 
itself or cumulatively with other substances that cause 
similar harms; and
(D) has other risk characteristics that the 
Administrator determines appropriate, in consultation 
with the heads of relevant Federal agencies and 
stakeholders as the Administrator determines to be 
appropriate.
(10) State.--The term ``State'' means--
(A) each State;
(B) a territory of the United States;
(C) a Freely Associated State;
(D) an Indian Tribe included on the list most 
recently published by the Secretary of the Interior 
under section 104 of the Federally Recognized Indian 
Tribe List Act of 1994 (25 U.S.C. 5131); and
(E) the District of Columbia.
(11) User.--
(A) In general.--Subject to subparagraphs (B) and 
(C), the term ``user'', with respect to a 
perfluoroalkyl or polyfluoroalkyl substance, has the 
meaning given the term by the Administrator.
(B) Considerations.--In determining the definition 
of the term ``user'' under subparagraph (A), the 
Administrator shall consider--
(i) the volume of a perfluoroalkyl or 
polyfluoroalkyl substance used by an entity;
(ii) risks associated with releases of or 
exposure to a perfluoroalkyl or polyfluoroalkyl 
substance as a result of actions of an entity, 
including--
(I) toxicity;
(II) bioaccumulative properties;
(III) persistence in the 
environment;
(IV) interactions with other 
perfluoroalkyl or polyfluoroalkyl 
substances and other toxic chemicals;
(V) contamination and pollution 
burden of impacted communities; and
(VI) associated human health 
effects;
(iii) past or possible future releases of a 
perfluoroalkyl or polyfluoroalkyl substance 
into the environment by an entity; and
(iv) the use and fate of a perfluoroalkyl 
or polyfluoroalkyl substance used by an entity.
(C) Exclusion.--The term ``user'' does not include 
an entity that neither manufactures nor uses 
perfluoroalkyl or polyfluoroalkyl substances, but 
receives perfluoroalkyl or polyfluoroalkyl substances 
in the normal course of operations of the entity, 
including a solid waste management facility, a 
composting facility, a public water system (as defined 
in section 1401 of the Safe Drinking Water Act (42 
U.S.C. 300f)), and a publicly or privately owned or 
operated treatment works (as defined in section 212 of 
the Federal Water Pollution Control Act (33 U.S.C. 
1292)).

TITLE I--PHASEOUT OF NONESSENTIAL PERFLUOROALKYL AND POLYFLUOROALKYL 
SUBSTANCES AND ALL RELEASES

SEC. 101. AGREEMENT WITH THE NATIONAL ACADEMIES CONCERNING THE 
ESSENTIAL USES OF PERFLUOROALKYL OR POLYFLUOROALKYL 
SUBSTANCES.

(a) Purposes.--The purposes of this section are to provide for the 
National Academies, an independent nonprofit scientific organization 
with appropriate expertise that is not part of the Federal Government--
(1) to review and evaluate the available scientific 
evidence regarding categories of essential uses of 
perfluoroalkyl or polyfluoroalkyl substances; and
(2) to provide guidance on designating perfluoroalkyl or 
polyfluoroalkyl substances as essential or nonessential.
(b) Agreement.--
(1) In general.--Not later than 60 days after the date of 
enactment of this Act, the Administrator (in consultation, as 
the Administrator determines appropriate, with the heads of 
other Federal departments and agencies with relevant expertise 
regarding the essential uses of perfluoroalkyl or 
polyfluoroalkyl substances) shall seek to enter into a 10-year 
agreement to carry out the duties described in this section.
(2) Extension.--The Administrator and the National 
Academies may extend the agreement described in paragraph (1) 
in 5-year increments.
(c) Review of Scientific Evidence.--
(1) In general.--Under an agreement under subsection (b), 
the National Academies shall, in accordance with the policy 
described in section 103(a), review and summarize the 
scientific evidence, and assess the strength of that scientific 
evidence, with respect to--
(A) uses of perfluoroalkyl or polyfluoroalkyl 
substances that should be designated as essential uses; 
and
(B) the criteria for designating essential uses.
(2) Inclusions.--In carrying out the review described in 
paragraph (1), the National Academies shall--
(A) analyze the definition of the term ``essential 
use'' under section 2(3) as it relates to 
perfluoroalkyl or polyfluoroalkyl substances;
(B) conduct an assessment of how perfluoroalkyl or 
polyfluoroalkyl substances are integrated into the 
society of the United States, in which sectors of the 
economy of the United States perfluoroalkyl or 
polyfluoroalkyl substances are used, and in which 
sectors those uses are essential uses;
(C) describe any research gaps with respect to the 
uses of perfluoroalkyl or polyfluoroalkyl substances, 
including consideration of mitigation strategies and 
safer alternatives; and
(D) develop recommendations with respect to--
(i) the research and development activities 
necessary to transition the United States from 
the use of perfluoroalkyl or polyfluoroalkyl 
substances; and
(ii) how the Federal Government may--
(I) best ensure the conduct of the 
research and development activities 
described in clause (i) to ensure that 
safer alternatives minimize health, 
safety, and environmental risks; and
(II) best address the research gaps 
identified under subparagraph (C) and 
the research and development needs 
identified under clause (i) through 
collaboration or coordination of 
programs and other efforts with State, 
local, and Tribal governments and 
nongovernmental organizations, 
including private sector organizations.
(3) Timing.--The initial review carried out under paragraph 
(1) pursuant to an agreement under subsection (b) shall 
conclude not later than 3 years after the date on which the 
review begins.
(d) Scientific Determinations of Essential Uses.--For each 
essential use, the National Academies shall, to the extent that 
available scientific data permit meaningful determinations, determine--
(1) categories of uses of perfluoroalkyl or polyfluoroalkyl 
substances that can inform regulatory requirements under this 
title and amendments made by this title;
(2) a framework to guide decisionmakers in making 
designations of essential uses under section 102(c), which 
shall include--
(A) the integration of findings with respect to 
perfluoroalkyl or polyfluoroalkyl substances, including 
findings on human health effects that have sufficient 
or limited evidence of an association, from 
authoritative reviews (such as reviews by national or 
international bodies) and high-quality systematic 
reviews; and
(B) a review of emerging evidence with respect to 
perfluoroalkyl or polyfluoroalkyl substances that is 
impactful in decisionmaking; and
(3)(A) whether certain perfluoroalkyl or polyfluoroalkyl 
substances in certain consumer products pose an unreasonable 
risk to consumers, such as risks due to perfluoroalkyl or 
polyfluoroalkyl substance toxicity, persistence, or 
bioaccumulation;
(B) the contribution of the uses identified under 
subparagraph (A) to the cumulative impact of perfluoroalkyl or 
polyfluoroalkyl substances on the environment and public 
health; and
(C) recommendations for possible methods to eliminate 
perfluoroalkyl or polyfluoroalkyl substances from consumer 
products described in subparagraph (A).
(e) Community Engagement.--In carrying out reviews and studies 
under this section, the National Academies shall integrate robust, 
transparent, meaningful, and public community outreach.
(f) Cooperation of Federal Agencies.--The head of each relevant 
Federal agency, including the Administrator, shall cooperate fully with 
the National Academies in carrying out the agreement under subsection 
(b).
(g) Recommendations for Additional Studies.--
(1) In general.--The National Academies shall make any 
recommendations for additional scientific studies determined 
appropriate by the National Academies to resolve areas of 
continuing scientific uncertainty relating to essential uses of 
perfluoroalkyl or polyfluoroalkyl substances.
(2) Requirements.--In making recommendations under 
paragraph (1), the National Academies shall consider--
(A) the scientific information that is available at 
the time of the recommendation;
(B) the value and relevance of the information that 
could result from additional studies; and
(C) the cost and feasibility of carrying out those 
additional studies.
(h) Reports.--
(1) Initial report.--
(A) In general.--Not later than 1 year after the 
date of enactment of this Act, the National Academies 
shall submit to the Administrator, the Committee on 
Environment and Public Works of the Senate, and the 
Committee on Energy and Commerce of the House of 
Representatives an initial report on the activities of 
the National Academies under the agreement under 
subsection (b).
(B) Inclusions.--The report required under 
subparagraph (A) shall include--
(i)(I) a description of the determinations, 
if any, made under subsection (d); and
(II) a full explanation of the scientific 
evidence and reasoning that led to those 
determinations; and
(ii) any recommendations made under 
subsection (g).
(2) Subsequent reports.--Not less frequently than once 
every 2 years after the date on which the initial report under 
paragraph (1) is submitted, the National Academies shall submit 
to the Administrator, the Committee on Environment and Public 
Works of the Senate, and the Committee on Energy and Commerce 
of the House of Representatives an update of that report.
(i) Additional Studies.--
(1) In general.--Beginning on the date that is 2 years 
after the date that the National Academies completes the review 
under subsection (c), the Administrator may initiate not more 
than 5 additional studies with the National Academies--
(A) to update the review carried out under 
subsection (c) based on new evidence; and
(B) to address the recommendations made under 
subsection (g).
(2) Authorization of appropriations.--There are authorized 
to be appropriated to the Administrator such sums as are 
necessary to carry out this subsection.
(j) Alternative Contracting Scientific Organization.--
(1) In general.--If the Administrator is unable to enter 
into an agreement under subsection (b) with the National 
Academies within the 60-day period described in that subsection 
on terms acceptable to the Administrator, the Administrator 
shall seek to enter into an agreement for purposes of carrying 
out this section with another appropriate scientific 
organization that--
(A) is not part of the Federal Government;
(B) operates as a not-for-profit entity; and
(C) has expertise and objectivity comparable to 
that of the National Academies.
(2) Effect of alternative organization.--If the 
Administrator enters into an agreement with an alternative 
scientific organization under paragraph (1), any reference in 
this title to ``the National Academies'' shall be deemed to be 
a reference to that alternative scientific organization.

SEC. 102. MANUFACTURING AND USE PHASEOUT PROGRAM.

(a) Annual Perfluoroalkyl or Polyfluoroalkyl Substance Manufacturer 
and User Monitoring and Reporting Requirements.--
(1) Purpose.--The purposes of the amendments made by this 
subsection are--
(A) to make available and accessible data to inform 
a nationwide phaseout of the use and environmental 
release of perfluoroalkyl or polyfluoroalkyl 
substances;
(B) to put in place a process for that phaseout; 
and
(C) to increase transparency for the public and 
interested stakeholders with respect to the use, 
release, and prevalence of perfluoroalkyl or 
polyfluoroalkyl substances.
(2) Amendments.--Section 8(a)(7) of the Toxic Substances 
Control Act (15 U.S.C. 2607(a)(7)) is amended--
(A) by striking ``Not later'' and inserting the 
following:
``(A) In general.--Not later''; and
(B) by adding at the end the following:
``(B) Annual supplements.--
``(i) Definitions of essential use; 
manufacturer; perfluoroalkyl or polyfluoroalkyl 
substance; safer alternative; user.--In this 
subparagraph, the terms `essential use', 
`manufacturer', `perfluoroalkyl or 
polyfluoroalkyl substance', `safer 
alternative', and `user' have the meanings 
given those terms in section 2 of the Forever 
Chemical Regulation and Accountability Act of 
2024.
``(ii) Manufacturer and user report 
required.--Not later than 3 years after the 
date of enactment of this subparagraph but in a 
manner that does not otherwise delay the 
implementation of this paragraph (as in effect 
on the day before the date of enactment of this 
subparagraph), the Administrator shall require 
each manufacturer and user of perfluoroalkyl or 
polyfluoroalkyl substance to submit a report 
described in subparagraph (A) if that 
manufacturer or user was not required to do so 
on the day before the date of enactment of this 
subparagraph.
``(iii) Supplemental reports required.--Not 
later than 18 months after the date on which 
the Administrator publishes the final rule 
carrying out this subparagraph and not less 
frequently than annually thereafter, subject to 
clause (v), each manufacturer or user of a 
perfluoroalkyl or polyfluoroalkyl substance 
shall--
``(I) supplement the report 
required described in subparagraph (A) 
(including a report submitted pursuant 
to clause (ii)) by--
``(aa) including, as 
applicable, any updates to the 
information included in the 
report under that subparagraph; 
and
``(bb) including in the 
report--

``(AA) a 
description of any 
essential uses of 
perfluoroalkyl or 
polyfluoroalkyl 
substances carried out 
by the manufacturer or 
user;

``(BB) any safer 
alternatives for uses 
of perfluoroalkyl or 
polyfluoroalkyl 
substances used by the 
manufacturer or user;

``(CC) any 
environmental releases 
of a perfluoroalkyl or 
polyfluoroalkyl 
substance, at any 
detectable level;

``(DD) any use of a 
perfluoroalkyl or 
polyfluoroalkyl 
substance that is 
required pursuant to 
Federal law (including 
regulations), Federal 
standards, or Federal 
Government 
specifications; and

``(EE) any 
additional information 
that the Administrator 
may require; and

``(II) submit the supplemental 
report to the Administrator in such a 
manner and at such time as the 
Administrator requires.
``(iv) Use of reports.--
``(I) Publication.--Not later than 
180 days after the date on which the 
Administrator receives a supplemental 
report from a manufacturer or user 
under clause (iii), the Administrator 
shall publish the supplemental report 
for a period of public comment and 
review of not less than 90 days.
``(II) Data quality.--The 
Administrator shall conduct data 
quality assurance and scientific 
integrity reviews of supplemental 
reports received under clause (iii)--
``(aa) to ensure the 
quality of reported data; and
``(bb) to provide comment 
on the validity of the 
supplemental reports of the 
manufacturer.
``(III) Confidential business 
information.--The Administrator shall 
carry out this clause in accordance 
with section 14.
``(v) No further reports required.--
``(I) In general.--No further 
supplemental reports under clause (iii) 
shall be required from a manufacturer 
or user if the manufacturer or user--
``(aa) permanently ceases 
use of all perfluoroalkyl or 
polyfluoroalkyl substances; and
``(bb) notifies the 
Administrator in writing that 
the requirement under item (aa) 
has been met.
``(II) Final report.--
Notwithstanding the submission of a 
notice under subclause (I)(bb), a 
manufacturer or user shall submit to 
the Administrator a final supplemental 
report under clause (iii) if, at any 
time during the 1-year period beginning 
on the date on which the manufacturer 
or user submitted the previous 
supplemental report under that clause, 
the manufacturer or user used a 
perfluoroalkyl or polyfluoroalkyl 
substance.
``(III) Public notice of 
cessation.--The Administrator shall 
issue a public notice describing each 
notification received under subclause 
(I)(bb).''.
(3) Savings provision.--Nothing in paragraph (2) or the 
amendments made by paragraph (2) affects the requirements under 
subparagraph (A) of section 8(a)(7) of the Toxic Substances 
Control Act (15 U.S.C. 2607(a)(7)) or any timeline established 
for the implementation of that section (as in effect on the day 
before the date of enactment of this Act).
(b) Production and Consumption Phaseouts Required.--
(1) General rule.--Not later than 10 years after the date 
of enactment of this Act, manufacturers and users shall 
complete the full phaseout of nonessential uses of 
perfluoroalkyl or polyfluoroalkyl substances.
(2) Plans required.--
(A) In general.--Not later than 3 years after the 
date of enactment of this Act, each manufacturer and 
user shall submit to the Administrator, in such a 
manner as the Administrator may require, a plan and 
schedule for the full phaseout of nonessential uses of 
perfluoroalkyl and polyfluoroalkyl substances within 
the 10-year period described in paragraph (1).
(B) Inclusion.--
(i) In general.--A plan submitted by a 
manufacturer or user under subparagraph (A) may 
include verifiable transfer of perfluoroalkyl 
or polyfluoroalkyl substance stocks in the 
possession of the manufacturer or user to an 
accredited research consortium, including 
Centers of Excellence, National Laboratories of 
the Department of Energy, institutions of 
higher education (as defined in section 101(a) 
of the Higher Education Act of 1965 (20 U.S.C. 
1001(a))), and other relevant entities, as 
determined by the Administrator, for the 
purposes of--
(I) research into the destruction, 
detection, and remediation of 
perfluoroalkyl or polyfluoroalkyl 
substances; and
(II) other related research.
(ii) Savings provision.--Nothing in this 
subparagraph--
(I) affects an obligation of a 
manufacturer or user to comply with a 
regulation or requirement associated 
with the removal, disposal, or 
destruction of a perfluoroalkyl or 
polyfluoroalkyl substance; or
(II) prohibits a manufacturer or 
user from using a method of removal, 
disposal, or destruction of a 
perfluoroalkyl or polyfluoroalkyl 
substance in accordance with applicable 
law.
(C) Public availability.--The Administrator shall 
make the plans submitted by manufacturers and users 
under subparagraph (A) publicly available in accordance 
with section 14 of the Toxic Substances Control Act (15 
U.S.C. 2614).
(3) Accelerated schedule.--
(A) In general.--The Administrator may, after a 
period of notice and opportunity for public comment of 
not less than 180 days, require that the full phaseout 
of nonessential uses of perfluoroalkyl or 
polyfluoroalkyl substances required under paragraph (1) 
occur on a schedule that is more stringent than the 
schedule required under that paragraph.
(B) Petition.--
(i) In general.--Any person may petition 
the Administrator to establish a more stringent 
schedule under subparagraph (A).
(ii) Requirements.--A petition submitted 
under clause (i) shall--
(I) be made at such time, in such 
manner, and containing such information 
as the Administrator shall require; and
(II) include a showing by the 
petitioner that there are scientific 
data with respect to nonessential uses 
of perfluoroalkyl or polyfluoroalkyl 
substances to support the petition.
(iii) Response timeline.--
(I) In general.--If the 
Administrator receives a petition under 
clause (i), the Administrator shall--
(aa) not later than 180 
days after the date on which 
the Administrator receives the 
petition--

(AA) make the 
complete petition 
available to the 
public; and

(BB) when making 
the petition available 
pursuant to subitem 
(AA), propose and seek 
public comment, for a 
period of not less than 
90 days, on the 
proposal of the 
Administrator to grant 
or deny the petition; 
and

(bb) not later than 1 year 
after the date on which the 
Administrator receives the 
petition, take final action on 
the petition.
(II) Revised plans and schedules.--
(aa) In general.--If, after 
receiving public comment with 
respect to a petition received 
under clause (i), the 
Administrator grants the 
petition, each manufacturer and 
user shall revise and submit to 
the Administrator an update to 
the plan and schedule required 
under paragraph (2)(A) to 
reflect the more stringent 
schedule described in the 
petition.
(bb) Requirement.--A 
revised plan and schedule under 
item (aa) shall be submitted in 
accordance with paragraph (2).
(4) Accelerated phase-out in certain products.--
(A) Phase-out within 1 year.--
(i) In general.--Notwithstanding any other 
provision of this Act but subject to clause 
(ii), beginning on the date that is 1 year 
after the date of enactment of this Act, no 
person may sell, offer for sale, or distribute 
for sale in interstate commerce--
(I) a carpet or rug that contains 
perfluoroalkyl or polyfluoroalkyl 
substances;
(II) a fabric treatment that 
contains perfluoroalkyl or 
polyfluoroalkyl substances;
(III) food packaging and containers 
that contains perfluoroalkyl or 
polyfluoroalkyl substances;
(IV) a juvenile product that 
contains perfluoroalkyl or 
polyfluoroalkyl substances; or
(V) an oil or gas product that 
contains perfluoroalkyl or 
polyfluoroalkyl substances.
(ii) Exception for resale.--The prohibition 
under clause (i) does not apply to the sale or 
resale of used products described in subclauses 
(I), (II), and (IV) of that clause.
(B) Phase-out within 2 years.--
(i) In general.--Notwithstanding any other 
provision of this Act but subject to clause 
(ii), beginning on the date that is 2 years 
after the date of enactment of this Act, no 
person may sell, offer for sale, or distribute 
for sale in interstate commerce--
(I) a cosmetic that contains 
perfluoroalkyl or polyfluoroalkyl 
substances;
(II) an indoor textile furnishing 
that contains perfluoroalkyl or 
polyfluoroalkyl substances;
(III) indoor upholstered furniture 
that contains perfluoroalkyl or 
polyfluoroalkyl substances;
(IV) an accessory or handbag that 
contains perfluoroalkyl or 
polyfluoroalkyl substances; or
(V) except for a product described 
in subparagraph (D), indoor and outdoor 
apparel that contains perfluoroalkyl or 
polyfluoroalkyl substances.
(ii) Exception for resale.--The prohibition 
under clause (i) does not apply to the sale or 
resale of used products described in each of 
subclauses (II) through (V) of that clause.
(C) Phase-out within 4 years.--
(i) In general.--Notwithstanding any other 
provision of this Act but subject to clause 
(ii), beginning on the date that is 4 years 
after the date of enactment of this Act, no 
person may sell, offer for sale, or distribute 
for sale in interstate commerce--
(I) an outdoor textile furnishing 
that contains perfluoroalkyl or 
polyfluoroalkyl substances; or
(II) outdoor upholstered furniture 
that contains perfluoroalkyl or 
polyfluoroalkyl substances.
(ii) Exception for resale.--The prohibition 
under clause (i) does not apply to the sale or 
resale of used products described in that 
clause.
(D) Phaseout within 5 years.--
(i) In general.--Notwithstanding any other 
provision of this Act but subject to clause 
(ii), beginning on the date that is 5 years 
after the date of enactment of this Act, no 
person may sell, offer for sale, or distribute 
for sale in interstate commerce outdoor apparel 
for severe wet conditions that contain 
intentionally used perfluoroalkyl or 
polyfluoroalkyl substances.
(ii) Exception for resale.--The prohibition 
under clause (i) does not apply to the sale or 
resale of used products described in that 
clause.
(c) Designations of Nonessential and Essential Uses.--
(1) 10-year requirement.--Beginning on the date that is 10 
years after the date of enactment of this Act--
(A) all nonessential uses of a perfluoroalkyl or 
polyfluoroalkyl substance shall be prohibited; and
(B) any use of a perfluoroalkyl or polyfluoroalkyl 
substance shall be considered a nonessential use unless 
the Administrator, consistent with applicable 
recommendations or other analysis, if any, under a 
report under section 101(h) (including a subsequent 
report), has designated the use as an essential use 
under paragraph (2) or (3).
(2) Petition.--
(A) In general.--A person may submit to the 
Administrator a petition to designate a use of a 
perfluoroalkyl or polyfluoroalkyl substance as a 
nonessential use or an essential use at such time 
(including on a 1-time, periodic, or continuing basis 
within such timeframe as the Administrator may 
require), in such manner, and containing such 
information as the Administrator may require.
(B) Burden of proof.--In submitting a petition 
under subparagraph (A)--
(i) the burden of proof shall be on the 
petitioner to demonstrate that a use of a 
perfluoroalkyl or polyfluoroalkyl substance is 
a nonessential use or an essential use; and
(ii) the petitioner shall provide any 
information requested by the Administrator, on 
a 1-time, periodic, or continuous basis within 
such timeframe as the Administrator may 
require, to inform a determination under 
subparagraph (C).
(C) Determination.--
(i) Best available science.--The 
determination of the Administrator to grant or 
deny a petition submitted under subparagraph 
(A) shall be based on--
(I) the best available science; and
(II) the applicable recommendations 
or other analysis, if any, under a 
report under section 101(h) (including 
a subsequent report).
(ii) Timeline.--
(I) In general.--Subject to 
subclause (II), the Administrator shall 
finalize a determination to grant or 
deny a petition submitted under 
subparagraph (A) by not later than 270 
days after the date of receipt of the 
petition.
(II) Requirement.--The 
Administrator may not finalize a 
determination to grant or deny a 
petition submitted under subparagraph 
(A) before the date that is 1 year 
after the date on which the first 
report under subsection (h) of section 
101 is submitted after the date on 
which the review under subsection (c) 
of that section is completed.
(iii) Public availability.--
(I) In general.--In making a 
determination to grant or deny a 
petition submitted under subparagraph 
(A), the Administrator shall--
(aa) make all materials 
submitted with the petition 
available for public review and 
comment for a period of not 
less than 180 days; and
(bb) consider all public 
comments submitted with respect 
to the materials made available 
under item (aa).
(II) Confidential business 
information.--Subclause (I) shall be 
carried out in accordance with section 
14 of the Toxic Substances Control Act 
(15 U.S.C. 2613).
(D) Expedited consideration.--The Administrator 
shall, to the maximum extent practicable, expedite the 
consideration of petitions submitted under subparagraph 
(A) from a Federal agency.
(E) Termination of petition process.--The 
Administrator shall continue to accept petitions under 
this paragraph until such time as all perfluoroalkyl or 
polyfluoroalkyl substances and uses of perfluoroalkyl 
or polyfluoroalkyl substances are eliminated in 
accordance with the policy described in section 103(a).
(3) Alternative designation process.--
(A) In general.--On a continuing basis and in 
consultation with relevant Federal agencies as the 
Administrator determines necessary, the Administrator 
may review and, through a public rulemaking, designate 
as a nonessential use or an essential use a use of a 
perfluoroalkyl or polyfluoroalkyl substance.
(B) Requirement.--The decision of the Administrator 
to designate a use of a perfluoroalkyl or 
polyfluoroalkyl substance as a nonessential use or an 
essential use under subparagraph (A) shall be 
consistent with--
(i) the best available science; and
(ii) the applicable recommendations or 
other analysis, if any, under a report under 
section 101(h) (including a subsequent report).
(C) Timeline.--
(i) Report required.--The Administrator may 
not designate a use of a perfluoroalkyl or 
polyfluoroalkyl substance as a nonessential use 
or an essential use under subparagraph (A) 
before the date that is 1 year after the date 
on which the first report under subsection (h) 
of section 101 is submitted after the date on 
which the review under subsection (c) of that 
section is completed.
(ii) Public review.--Before designating a 
use of a perfluoroalkyl or polyfluoroalkyl 
substance as a nonessential use or an essential 
use under subparagraph (A), the Administrator 
shall publish the proposed designation for 
public review and comment for a period of not 
less than 180 days.
(iii) Final designation.--The Administrator 
shall publicly issue a final designation of a 
use of a perfluoroalkyl or polyfluoroalkyl 
substance as a nonessential use or an essential 
use under subparagraph (A) by not later than 
270 days after the date on which the public 
review and comment period under clause (ii) 
ends.
(4) Data transparency.--The Administrator may, to inform a 
designation under paragraph (2) or (3), require a manufacturer, 
user, person who manufacturers equipment for a manufacturer or 
user, person who the Administrator believes may have necessary 
information to inform a designation under paragraph (2) or (3), 
or a person subject to the requirements of this title or an 
amendment made by this title to provide relevant information 
(on a 1-time, periodic, or continuing basis for such timeframe 
as the Administrator determines appropriate).
(5) Required petitions.--
(A) In general.--Stakeholders shall use the 
petition process under paragraph (2) to identify and 
list products and processes that use a perfluoroalkyl 
or polyfluoroalkyl substance that have a use in a 
product that is required to be used under Federal law 
(including regulations), Federal standards, or Federal 
Government specifications.
(B) Submission to other agencies.--If the 
Administrator receives a petition under paragraph (2) 
or begins to carry out the alternative designation 
process under paragraph (3) with respect to a use 
described in subparagraph (A), the Administrator shall, 
on receipt of the petition, share the petition with the 
head of the Federal agency that required the use for a 
review and comment period of not less than 30 days.
(6) Review of previous designations.--The Administrator 
may, pursuant to a petition from a petitioner or at the 
discretion of the Administrator, review the designation of a 
use of a perfluoroalkyl or polyfluoroalkyl substance as a 
nonessential use or an essential use and redesignate that use 
as a nonessential use or an essential use in accordance with 
the process under which the designation was originally made.
(d) Administrator Prioritization Discretion.--The Administrator may 
prioritize the establishment of a report under this section or a 
designation of the use of a class or subclass perfluoroalkyl or 
polyfluoroalkyl substances as a nonessential use or an essential use 
under subsection (c) in accordance with--
(1) the National PFAS Testing Strategy of the Environmental 
Protection Agency (or a successor strategy); or
(2) any other method that is based on the best available 
science.
(e) Prohibition of Sales of Nonessential Perfluoroalkyl or 
Polyfluoroalkyl Substances.--
(1) In general.--Beginning on the date that is 10 years 
after the date of enactment of this Act, a manufacturer or user 
shall not engage in the sale of perfluoroalkyl or 
polyfluoroalkyl substances that remain in the possession of the 
manufacturer or user on that date for nonessential uses.
(2) Perfluoroalkyl or polyfluoroalkyl substance stocks.--
The Administrator may approve verifiable transfers of 
perfluoroalkyl or polyfluoroalkyl substance stocks in the 
possession of a manufacturer or user to an accredited research 
consortium, including Centers of Excellence, National 
Laboratories of the Department of Energy, institutions of 
higher education (as defined in section 101(a) of the Higher 
Education Act of 1965 (20 U.S.C. 1001(a))), and other relevant 
entities that contribute to the achievement of the policy 
described in section 103(a).
(3) Savings provision.--Nothing in this subsection--
(A) affects an obligation of a manufacturer or user 
to comply with a regulation or requirement associated 
with the removal, disposal, or destruction of a 
perfluoroalkyl or polyfluoroalkyl substance; or
(B) prohibits a manufacturer or user from using a 
method of removal, disposal, or destruction of a 
perfluoroalkyl or polyfluoroalkyl substance in 
accordance with applicable law.

SEC. 103. UNITED STATES PERFLUOROALKYL OR POLYFLUOROALKYL SUBSTANCE 
POLICY.

(a) General Policy.--It is the policy of the United States that, to 
the maximum extent practicable and as permitted under applicable law--
(1) contamination of any environmental media by a 
perfluoroalkyl or polyfluoroalkyl substance should be 
remediated to levels that do not present an unreasonable risk 
to public health and the environment;
(2) the destruction and disposal of perfluoroalkyl or 
polyfluoroalkyl substances--
(A) is considered most essential to the elimination 
of perfluoroalkyl or polyfluoroalkyl substances, which 
are also known as ``forever chemicals''; and
(B) should be prioritized as part of any 
perfluoroalkyl or polyfluoroalkyl substance remediation 
strategy in a manner that presents the lowest risk of 
environmental release and the lowest risk to public 
health and the environment;
(3) the use of perfluoroalkyl or polyfluoroalkyl substances 
in consumer products should be eliminated; and
(4) in cases in which the use of perfluoroalkyl or 
polyfluoroalkyl substances is essential, in accordance with any 
applicable report under section 101(h) (including a subsequent 
report), and no safer alternative for that use is available, 
those perfluoroalkyl or polyfluoroalkyl substances should be 
removed or replaced by chemicals, product substitutes, or 
alternative manufacturing processes that reduce overall risk to 
human health and the environment, including risks due to 
chronic, acute, and cumulative impacts.
(b) Federal Procurement.--
(1) In general.--Beginning on the date of enactment of this 
Act, the heads of Federal agencies, in coordination with the 
Administrator and the Administrator of General Services, shall, 
to the maximum extent practicable, eliminate the procurement of 
products known to contain perfluoroalkyl or polyfluoroalkyl 
substances.
(2) Survey.--In carrying out paragraph (1), the heads of 
Federal agencies may--
(A) carry out surveys of the products procured by 
the Federal agency to determine whether the products 
contain perfluoroalkyl or polyfluoroalkyl substances; 
and
(B) pause or cease procurement of products that 
have not been identified as not containing 
perfluoroalkyl or polyfluoroalkyl substances within a 
reasonable timeline that accounts for--
(i) survey completion and product return; 
and
(ii) identifying and securing safer 
alternatives for the product.
(c) Best Available Science.--A determination that an action 
complies with the policy described in subsection (a) or an action taken 
under subsection (b) shall be based on the best available science.
(d) Savings Provision.--Nothing in this section affects any other 
duty or obligation under Federal law.

SEC. 104. PERFLUOROALKYL OR POLYFLUOROALKYL SUBSTANCE RELEASE PHASEOUT.

(a) In General.--Beginning on the date that is 10 years after the 
date of enactment of this Act, it shall be unlawful for any 
manufacturer or user to release any quantity of perfluoroalkyl or 
polyfluoroalkyl substance above the threshold of detection of a 
detection method for perfluoroalkyl or polyfluoroalkyl substances that 
is validated by the Administrator in a manner that permits that 
perfluoroalkyl or polyfluoroalkyl substance to enter the environment.
(b) Rulemaking Required.--
(1) In general.--Not later than 7 years after the date of 
enactment of this Act and after a period of notice and 
opportunity for public comment, the Administrator shall 
finalize a rule that--
(A) establishes a schedule for the phaseout of the 
releases above the threshold of detection described in 
subsection (a) by the date described in that 
subsection; and
(B) establishes applicable detection methods and 
relevant thresholds.
(2) Update.--The Administrator may update, in whole or in 
part, the schedule required under subparagraph (A) of paragraph 
(1) in accordance with that paragraph.
(3) Early adoption.--The Administrator may, in accordance 
with the policy described in section 103(a) and after a period 
of notice and opportunity for public comment, finalize a rule 
before the rule required under paragraph (1) that--
(A) establishes a schedule for the phaseout or 
banning of releases of individual perfluoroalkyl or 
polyfluoroalkyl substances, mixtures of perfluoroalkyl 
or polyfluoroalkyl substances, or subclasses of 
perfluoroalkyl or polyfluoroalkyl substances above the 
threshold of detection described in subsection (a) by 
the date described in that subsection; and
(B) establishes applicable detection methods and 
relevant thresholds.
(c) Savings Provision.--Nothing in this section affects any other 
duty or obligation under any other Federal law.

SEC. 105. USE FOR RESEARCH.

(a) In General.--Notwithstanding any other provision of this title, 
the Administrator may allow the use and detectable release of 
perfluoroalkyl or polyfluoroalkyl substances described in subsections 
(b) and (c) that do not place unreasonable risk on human health or the 
environment for research, development, testing, and other similar 
purposes to assist in the achievement of the policy described in 
section 103(a).
(b) Remaining Stocks of Perfluoroalkyl or Polyfluoroalkyl 
Substances.--
(1) In general.--A manufacturer or user with remaining 
stocks of perfluoroalkyl or polyfluoroalkyl substances in the 
possession of the manufacturer or user following cessation of 
the manufacture or use of perfluoroalkyl or polyfluoroalkyl 
substances may enter into an agreement with the Administrator, 
an accredited research consortium, including Centers of 
Excellence, National Laboratories of the Department of Energy, 
institutions of higher education (as defined in section 101(a) 
of the Higher Education Act of 1965 (20 U.S.C. 1001(a))), and 
other relevant entities, as determined by the Administrator, in 
order for such stocks to be available for use in accordance 
with subsection (a).
(2) Requirement.--The Administrator may only enter into an 
agreement under paragraph (1) if the actions to be carried out 
under that agreement directly contribute to the achievement of 
the policy described in section 103(a), as determined by the 
Administrator.
(3) Savings provision.--Nothing in this subsection--
(A) affects an obligation of a manufacturer or user 
to comply with a regulation or requirement associated 
with the removal, disposal, or destruction of a 
perfluoroalkyl or polyfluoroalkyl substance; or
(B) prohibits a manufacturer or user from using a 
method of removal, disposal, or destruction of a 
perfluoroalkyl or polyfluoroalkyl substance in 
accordance with applicable law.
(c) Prohibition.--It shall be unlawful to develop or produce a 
perfluoroalkyl or polyfluoroalkyl substance solely for the purposes of 
activities authorized under subsection (a) unless the Administrator 
determines it necessary to comply with the policy described in section 
103(a).

SEC. 106. INSPECTIONS, MONITORING, AND ENTRY.

(a) In General.--For the purpose of determining whether a person is 
in violation of this title or an amendment made by this title or for 
the purposes of carrying out any provision of this title or an 
amendment made by this title--
(1) the Administrator may require any manufacturer, user, 
person who manufactures equipment for a manufacturer or user, 
person who the Administrator believes may have information 
necessary for the purposes described in this paragraph, or 
person who is subject to the requirements of this title or an 
amendment made by this title, on a 1-time, periodic, or 
continuous basis--
(A) to install, use, and maintain such monitoring 
equipment, and use such audit procedures or methods, as 
the Administrator may require;
(B) to sample such releases (in accordance with 
such procedures or methods, at such locations, at such 
intervals, during such periods, and in such manner as 
determined by the Administrator) as the Administrator 
may require;
(C) to keep such records on control equipment 
parameters, production variables, or other equivalent 
indirect data as the Administrator may require when 
direct monitoring of releases is impractical;
(D) to provide such other information as the 
Administrator may require; and
(E) to provide records and reports within 30 days 
of the date of a request by the Administrator for that 
record or report; and
(2) the Administrator (including an authorized 
representative of the Administrator), on presentation of the 
credentials of the Administrator (or authorized representative 
of the Administrator) shall--
(A) have a right of entry to, on, or through any 
premises of the person or any premises in which any 
records required to be maintained under paragraph (1) 
are located; and
(B) at reasonable times, have a right to access and 
copy any records, to inspect any monitoring equipment 
or method required under paragraph (1), and to sample 
any releases that the person is required to sample 
under that paragraph.
(b) Public Availability.--Any record, report, or information 
obtained by the Administrator under subsection (a) shall, subject to 
section 14 of the Toxic Substances Control Act (15 U.S.C. 2613), be 
made available to the public as soon as reasonably practicable.

SEC. 107. ENFORCEMENT.

(a) Compliance Orders.--
(1) In general.--Except as provided in paragraph (2), 
whenever, on the basis of any information, the Administrator 
determines that a person may have violated, or may be in 
violation of, any requirement of this title or an amendment 
made by this title, the Administrator may--
(A) issue an order--
(i) assessing a civil penalty for any past 
or current violation in an amount that the 
Administrator determines would remove any 
economic benefit from the violation;
(ii) requiring compliance with that 
requirement, either immediately or within a 
specified period of time; or
(iii) that both assesses a civil penalty in 
accordance with clause (i) and requires 
compliance in accordance with clause (ii); or
(B) commence a civil action for appropriate relief, 
including a temporary or permanent injunction, in the 
United States district court for--
(i) the district in which the violation is 
alleged to have occurred, or is occurring; or
(ii) the district in which the defendant 
resides or in which the principal place of 
business of the defendant is located.
(2) Notice to state.--Before issuing an order or commencing 
an action under paragraph (1) for a violation of a requirement 
of this title or an amendment made by this title, the 
Administrator shall give notice to the State in which the 
violation is alleged to have occurred.
(3) Suspension and revocation.--An order issued pursuant to 
this subsection--
(A) may include a suspension or revocation of any 
use of a perfluoroalkyl or polyfluoroalkyl substance 
authorized under this title by the Administrator or a 
State; and
(B) shall state with reasonable specificity the 
nature of the violation for which the order was issued.
(4) Civil penalty.--
(A) Factors.--In assessing a civil penalty under 
paragraph (1)(A)(i), the Administrator shall take into 
account, as applicable--
(i) the seriousness of the violation;
(ii) the full compliance history of the 
defendant and any good faith efforts to comply;
(iii) the size of the business of the 
defendant;
(iv) the economic impact of the penalty on 
the business of the defendant;
(v) the duration of the violation, as 
established by credible evidence (including 
evidence other than the applicable test 
method);
(vi) the amount of penalties previously 
assessed for the same violation;
(vii) the economic benefit of the 
violation;
(viii) the cumulative impacts of--
(I) the full compliance history of 
the defendant and any good faith 
efforts to comply; and
(II) other environmental 
contaminant exposures in impacted 
communities and ecosystems; and
(ix) any other factor that justice may 
require.
(B) Savings provision.--Nothing in this paragraph 
affects the existing authority of the Administrator to 
exercise enforcement discretion, including 
consideration of supplemental environmental projects.
(b) Violation of Compliance Orders.--If a person subject to an 
order issued under subsection (a)(1) fails to take corrective action 
within the period specified in that order, the Administrator may assess 
a civil penalty in an amount that the Administrator determines would 
remove any economic benefit from the violation for each day of 
continuing violation in accordance with subsection (a)(4).
(c) Criminal Penalties.--A person who recklessly violates any 
material condition or requirement of any applicable standard under this 
title (including regulations) or an amendment made by this title shall, 
on conviction, be subject to--
(1) a fine in an amount that the Administrator determines 
removes any economic benefit of the violation for each day of 
continuing violation;
(2) imprisonment for a period of not more than 5 years; or
(3) both a fine under paragraph (1) and imprisonment under 
paragraph (2).
(d) Relationship to Other Laws.--The Administrator shall carry out 
this title and amendments made by this title in accordance with--
(1) the Clean Air Act (42 U.S.C. 7401 et seq.);
(2) the Toxic Substances Control Act (15 U.S.C. 2601 et 
seq.);
(3) the Federal Water Pollution Control Act (33 U.S.C. 1251 
et seq.);
(4) the Marine Protection, Research, and Sanctuaries Act of 
1972 (33 U.S.C. 1401 et seq.);
(5) the Safe Drinking Water Act (42 U.S.C. 300f et seq.); 
and
(6) the Solid Waste Disposal Act (42 U.S.C. 6901 et seq.) 
(commonly known as the ``Resource Conservation and Recovery Act 
of 1976'').

SEC. 108. CITIZEN SUITS.

(a) Citizen Suits Authorized.--
(1) In general.--Except as provided in subsections (b) and 
(c), any person may commence a civil action on their own behalf 
against--
(A) any manufacturer or user subject to the 
requirements of this title or an amendment made by this 
title (including a manufacturer, user, the United 
States, and, to the extent permitted by the 11th 
Amendment of the Constitution of the United States, any 
other governmental instrumentality or agency) that is 
alleged to be in violation of any standard, regulation, 
condition, requirement, prohibition, schedule, 
deadline, or order under this title;
(B) any manufacturer or user subject to the 
requirements of this title or an amendment made by this 
title (including the United States and, to the extent 
permitted by the 11th Amendment of the Constitution of 
the United States, any other governmental 
instrumentality or agency) that is using a 
perfluoroalkyl or polyfluoroalkyl substance that may 
present an imminent and substantial endangerment to 
human health or the environment; or
(C) the Administrator, if the Administrator is 
alleged to have failed to perform any act or duty under 
this title that is not discretionary.
(2) Jurisdiction.--
(A) Appropriate courts.--
(i) Violations and endangerment claims.--An 
action brought under subparagraph (A) or (B) of 
paragraph (1) shall be brought in the district 
court for the district in which the alleged 
violation or endangerment occurred.
(ii) Claims against the administrator.--An 
action brought under paragraph (1)(C) may be 
brought in--
(I) the United States district 
court for the district in which the 
alleged violation occurred; or
(II) the United States District 
Court for the District of Columbia.
(B) Authority.--A district court described in 
subparagraph (A) shall have jurisdiction--
(i) with respect to an action described in 
paragraph (1)(A), to enforce the standard, 
regulation, condition, requirement, 
prohibition, schedule, deadline, or order 
described in that paragraph;
(ii) with respect to an action described in 
paragraph (1)(B), to order a person described 
in that paragraph--
(I) to refrain from the use of the 
perfluoroalkyl or polyfluoroalkyl 
substance that may be contributing to 
the imminent and substantial 
endangerment;
(II) to take any action as may be 
necessary to prevent the imminent and 
substantial endangerment described in 
that paragraph; or
(III) to carry out any combination 
of actions described in subclauses (I) 
and (II);
(iii) with respect to an action described 
in paragraph (1)(C), to order the Administrator 
to perform the act or duty referred to in that 
paragraph; and
(iv) with respect to any action described 
in paragraph (1), to apply any appropriate 
civil remedy under this title.
(b) Additional Requirements.--
(1) Actions for enforcement of requirements.--
(A) Notice of violation.--
(i) In general.--No action may be brought 
under subsection (a)(1)(A) unless, not less 
than 60 days before the date on which the 
action is brought, notice of the violation of 
the standard, regulation, condition, 
requirement, prohibition, schedule, deadline, 
or order for which the action would be brought 
is provided to--
(I) the Administrator;
(II) the State in which the alleged 
violation occurred; and
(III) except as provided in clause 
(ii), the alleged violator of the 
applicable standard, regulation, 
condition, requirement, prohibition, 
schedule, deadline, or order.
(ii) Exception.--Notwithstanding clause 
(i)(III), an action may be brought under 
subsection (a)(1)(A) immediately after the 
notice described in that clause is provided to 
the alleged violator if the action is for a 
violation of this title.
(B) No action if suit ongoing.--No action may be 
brought under subsection (a)(1)(A) if the Administrator 
or a State has commenced and is diligently prosecuting 
a civil or criminal action in a court of the United 
States or a State to require compliance with the 
standard, regulation, condition, requirement, 
prohibition, schedule, deadline, or order for which the 
action under subsection (a)(1)(A) would be brought.
(C) Intervention as matter of right.--In an action 
under brought under subsection (a)(1)(A) in a court of 
the United States, any person may intervene as a matter 
of right.
(2) Actions for endangerment.--
(A) Notice of endangerment.--No action may be 
brought under subsection (a)(1)(B) unless, not less 
than 90 days before the date on which the action is 
brought, notice of the imminent and substantial 
endangerment to human health or the environment is 
provided to--
(i) the Administrator;
(ii) the State in which the endangerment 
may occur; and
(iii) the person that is alleged to be 
contributing to the use of the perfluoroalkyl 
or polyfluoroalkyl substance causing the 
endangerment.
(B) No action if suit is ongoing.--No action may be 
commenced under subsection (a)(1)(B) if the 
Administrator, in order to restrain or abate acts or 
conditions that may have contributed or are 
contributing to the activities which may present the 
alleged endangerment, has commenced and is diligently 
acting on an authority provided under an applicable 
law.
(C) Intervention as matter of right.--In an action 
under brought under subsection (a)(1)(B) in a court of 
the United States, any person may intervene as a matter 
of right.
(D) Notice of action.--A person bringing an action 
under subsection (a)(1)(B) in a court of the United 
States shall serve a copy of the complaint on--
(i) the Attorney General; and
(ii) the Administrator.
(3) Actions against the administrator.--
(A) Notice to administrator.--No action may be 
brought under subsection (a)(1)(C) unless, not less 
than 60 days before the date on which the action is 
brought, the person bringing the action has given 
notice to the Administrator of the intent to bring the 
action.
(B) Form.--The Administrator shall prescribe the 
form in which the notice under subparagraph (A) shall 
be provided.
(c) Costs.--
(1) Attorney and expert witness fees.--A court, in issuing 
any final order in an action brought pursuant to this section, 
may award the costs of litigation (including reasonable 
attorney and expert witness fees) to the prevailing or 
substantially prevailing party, as the court determines to be 
appropriate.
(2) Bond.--A court, in any action brought pursuant to this 
section in which a temporary restraining order or preliminary 
injunction is sought, may require the filing of a bond or 
equivalent security in accordance with the Federal Rules of 
Civil Procedure.

SEC. 109. IMMINENT HAZARD.

(a) Authority of the Administrator.--Notwithstanding any other 
provision of this title or an amendment made by this title, on receipt 
of evidence that the use of any perfluoroalkyl or polyfluoroalkyl 
substance presents an imminent and unreasonable risk of serious or 
widespread injury to public health or environment, without 
consideration of costs or other nonrisk factors, the Administrator may 
issue an order to or bring suit against any manufacturer or user 
subject to the requirements of this title or an amendment made by this 
title that is determined by the Administrator to be causing the 
imminent and unreasonable risk--
(1) to restrain that manufacturer or user from that use;
(2) to order that manufacturer or user to take such other 
action as may be necessary; or
(3) for the purposes described in paragraphs (1) and (2).
(b) Violations.--A manufacturer or user who willfully violates, or 
fails or refuses to comply with, any order of the Administrator under 
subsection (a) may, in an action brought in the appropriate United 
States district court to enforce that order, be fined in an amount that 
the Administrator determines removes any economic benefit of 
noncompliance for each day in which the violation occurs or the failure 
to comply continues.
(c) Immediate Notice.--On receipt of information that there is a 
perfluoroalkyl or polyfluoroalkyl substance that presents an imminent 
and substantial endangerment to human health or the environment, the 
Administrator shall require the violating manufacturer or user, at cost 
to the violating manufacturer or user--
(1) to provide immediate and public notice, within an 
estimated radius of impact as determined appropriate by the 
Administrator, to--
(A) the appropriate local government agencies and 
public services, including impacted utilities, 
including drinking water treatment plants, and public 
health, law enforcement, and environmental protection 
officials; and
(B) the community in which the endangerment is 
occurring, including publicly accessible areas of 
community congregation, including community recreation 
and health centers, public libraries, public schools, 
government offices, online message boards, listservs, 
and social media used by members of that community, and 
not-for-profit community services;
(2) to require--
(A) immediate and public notice to impacted members 
of the community that is provided across communication 
media and is easily accessible; and
(B) public meetings, in partnership with the 
Administrator and local authorities and leaders, for 
direct community engagement to provide health, safety, 
and additional information to the community and to 
field questions and concerns; and
(3) to provide regular updates with respect to the 
endangerment in accordance with the methods described in 
paragraphs (1) and (2).

SEC. 110. APPLICATION OF FEDERAL, STATE, AND LOCAL LAW TO FEDERAL 
AGENCIES.

(a) Definitions.--In this section:
(1) Covered agency.--The term ``covered agency'' means a 
department, agency, or instrumentality of the executive, 
legislative, or judicial branch of the Federal Government 
that--
(A) has jurisdiction over a facility that 
manufactures a perfluoroalkyl or polyfluoroalkyl 
substance; or
(B) is engaged in any activity that results, or may 
result, in the treatment, disposal, or release of a 
perfluoroalkyl or polyfluoroalkyl substance into the 
environment.
(2) Reasonable service charge.--The term ``reasonable 
service charge'', with respect to a requirement under Federal, 
State, interstate, or local law, includes--
(A) fees or charges assessed in connection with 
enforcement, compliance, and investigation activities 
with respect to that requirement; and
(B) any other nondiscriminatory charge that is 
assessed in connection with a Federal, State, 
interstate, or local perfluoroalkyl or polyfluoroalkyl 
regulatory program.
(b) Applicability of Laws.--
(1) In general.--Each covered agency shall be subject to, 
and comply with, all Federal, State, interstate, and local laws 
regulating perfluoroalkyl or polyfluoroalkyl substances, 
including substantive and procedural requirements, in the same 
manner and to the same extent as any person that is subject to 
those requirements, including any requirements for the payment 
of reasonable service charges.
(2) Inclusions.--The Federal, State, interstate, and local 
requirements, including substantive and procedural 
requirements, described in paragraph (1) include--
(A) an administrative order; and
(B) a civil or administrative penalty or fine, 
regardless of whether that penalty or fine is--
(i) punitive or coercive in nature; or
(ii) imposed for isolated, intermittent, or 
continuing violations.
(c) Waiver of Immunity.--
(1) In general.--The United States expressly waives any 
immunity otherwise applicable to the United States with respect 
to a Federal, State, interstate, or local requirement described 
in subsection (b)(1), including any immunity with respect to 
injunctive relief, an administrative order, or a civil or 
administrative penalty or fine described in subsection 
(b)(2)(B).
(2) No exemption.--Neither the United States nor an agent, 
employee, or officer of the United States shall be immune or 
exempt from any process or sanction of any Federal or State 
court with respect to the enforcement of any injunctive relief 
described in paragraph (1).
(3) No personal liability.--No agent, employee, or officer 
of the United States shall be personally liable for any civil 
penalty under any Federal, State, interstate, or local law 
regulating perfluoroalkyl or polyfluoroalkyl substances with 
respect to any act or omissions that is within the scope of the 
official duties of the agent, employee, or officer.
(4) Criminal liability.--An agent, employee, or officer of 
the United States shall be subject to any criminal sanction 
(including fine or imprisonment) under any Federal or State law 
regulating perfluoroalkyl or polyfluoroalkyl substances, but no 
department, agency, or instrumentality of the Federal 
Government shall be subject to such a criminal sanction.
(d) Exemption.--
(1) In general.--Subject to paragraph (4), the President 
may exempt, in direct consultation with the Administrator, any 
department, agency, or instrumentality of the executive branch 
of the Federal Government from compliance with a requirement 
under a Federal, State, interstate, or local law regulating 
perfluoroalkyl or polyfluoroalkyl substances if the President 
determines that the exemption is in the paramount interest of 
the United States.
(2) Requirements.--
(A) Term.--An exemption under paragraph (1) shall 
be for a period of not to exceed 1 year.
(B) Renewal.--The President may, in accordance with 
paragraph (1), renew an exemption under that paragraph 
for a period not to exceed 1 year for each renewal.
(C) Report to congress.--Not later than January 31 
of each year, the President shall submit to Congress a 
report that describes all exemptions granted under 
paragraph (1) during the previous calendar year, 
including a description of the reason for each 
exemption.
(3) Public notice of exemption.--
(A) In general.--Subject to subparagraph (B), the 
President, the Administrator, and the head of the 
department, agency, or instrumentality subject to an 
exemption under paragraph (1) shall immediately make 
public the exemption, including any renewal of an 
exemption under paragraph (2)(B).
(B) Waiver of public notice requirement.--The 
President, in consultation with the Administrator, may 
waive the requirement under subparagraph (A) if the 
President, in consultation with the Administrator, 
determines that the waiver is in the paramount interest 
of national security.
(4) No exemption for lack of appropriations.--The President 
may not grant an exemption under paragraph (1) due to a lack of 
appropriation of amounts to comply with a requirement described 
in that paragraph.

SEC. 111. JUDICIAL REVIEW.

(a) Review of Final Regulations and Certain Petitions.--
(1) In general.--Subject to paragraphs (2) and (3), any 
judicial review of a final regulation promulgated pursuant to 
this title or an amendment made by this title or a denial by 
the Administrator for a petition for the promulgation, 
amendment, or repeal of a regulation under this title or an 
amendment made by this title shall be in accordance with this 
title and any amendments made by this title.
(2) Limitations on bringing claims.--
(A) In general.--A petition for the judicial review 
of an action of the Administrator in promulgating any 
regulation or requirement under this title or an 
amendment made by this title, or the denial of any 
petition for the promulgation, amendment, or repeal of 
a regulation under this title or an amendment made by 
this title, may only be brought--
(i) in the United States Court of Appeals 
for the District of Columbia; and
(ii) subject to subparagraph (B), not later 
than 90 days after the date on which the 
promulgation or denial occurred.
(B) Exception.--A petition described in 
subparagraph (A) may be brought after the 90-day period 
described in clause (ii) of that subparagraph if the 
petition is based solely on grounds that arose after 
the end of that 90-day period.
(C) No review.--An action of the Administrator with 
respect to which review could have been obtained under 
this subsection within the 90-day period described in 
subparagraph (A)(ii), but was not, shall not be subject 
to judicial review in any civil or criminal proceeding 
for enforcement of this title or an amendment made by 
this title.
(3) Proceedings for actions for which notice and comment is 
required.--
(A) In general.--With respect to a petition for the 
judicial review of a determination for which this title 
or an amendment made by this title requires notice and 
opportunity for hearing, if the party seeking the 
judicial review applies to the court for leave to 
adduce additional evidence, and demonstrates to the 
satisfaction of the court that the evidence is material 
and that there were reasonable grounds for the failure 
to adduce that evidence in the proceeding before the 
Administrator, the court may order that--
(i) additional evidence (and any rebuttal 
evidence) be taken before the Administrator; 
and
(ii) the Administrator adduce that evidence 
in the hearing in such a manner and on such 
terms and conditions as the court determines to 
be appropriate.
(B) Revision.--Based on any evidence adduced 
pursuant to subparagraph (A)(ii), the Administrator--
(i) may--
(I) modify the findings of the 
Administrator as to the facts; or
(II) make new findings; and
(ii) if applicable, shall file with the 
court--
(I) any modified or new findings 
made; and
(II) the recommendation of the 
Administrator, if any, regarding 
whether to modify or set aside the 
determination of the Administrator 
being reviewed.
(C) Return of evidence.--On filing the findings and 
recommendations required under subparagraph (B)(ii), 
the Administrator shall return any additional evidence 
that had been adduced.
(b) Review of Other Actions.--
(1) In general.--Any interested person may, in the court of 
appeals of the United States for the judicial circuit in which 
the person resides or transacts business, apply for review of 
the actions of the Administrator in carrying out any mandatory 
duties required under this title or an amendment made by this 
title.
(2) Time limitations.--
(A) In general.--Subject to subparagraph (B), an 
application for review under paragraph (1) shall be 
made not later than 90 days after the date of the 
applicable issuance, denial, modification, revocation, 
grant, or withdrawal.
(B) Exception.--An application for review under 
paragraph (1) may be made after the date described in 
subparagraph (A) only if the application is based 
solely on grounds that arose after the end of the 90-
day period described in that subparagraph.
(3) No later review.--An action of the Administrator with 
respect to which review could have been obtained under 
paragraph (1) within the 90-day period described in paragraph 
(2)(B), but was not, shall not be subject to judicial review in 
any civil or criminal proceeding for enforcement of this title 
or an amendment made by this title.
(4) Requirement.--A review under paragraph (1) shall be 
carried out in accordance with chapter 7 of title 5, United 
States Code.
(c) Statutory or Common Law Rights Not Restricted.--Nothing in this 
title or an amendment made by this title restricts any right that a 
person or class of persons may have under statutory or common law to 
seek enforcement of this title or an amendment made by this title or to 
seek any other relief (including relief against the Administrator or a 
State agency).
(d) Nonrestriction of Other Rights.--Nothing in this title or an 
amendment made by this title or in any other law of the United States 
prohibits, excludes, or restricts any State, local, or interstate 
authority from bringing any enforcement action or obtaining any 
judicial remedy or sanction in any State or local court with respect to 
the manufacture or release of perfluoroalkyl or polyfluoroalkyl 
substances.

SEC. 112. REGULATORY AUTHORITY.

(a) General Authority.--The Administrator may promulgate such 
regulations as are necessary to carry out this title and the amendments 
made by this title consistent with the policy described in section 
103(a).
(b) Requirement.--In carrying out any rulemaking under this title 
or an amendment made by this title that requires a period of notice and 
opportunity for public comment, that rulemaking shall be carried out in 
accordance with section 553 of title 5, United States Code.

SEC. 113. FUNDING.

(a) Authorization of Appropriations.--There are authorized to be 
appropriated to the Administrator such sums as may be necessary to 
carry out this title and the amendments made by this title, except for 
section 101(i), for each of fiscal years 2024 through 2033.
(b) Fee Collection.--
(1) Definitions.--In this subsection:
(A) Petition fee.--The term ``petition fee'' means 
the fee established by the Administrator under 
paragraph (2)(B)(i)(II) to submit a petition to 
designate a use of a perfluoroalkyl substance as a 
nonessential use or an essential use under section 
102(c).
(B) Small manufacturer.--The term ``small 
manufacturer'' has the meaning given the term in 
section 704.3 of title 40, Code of Federal Regulations 
(or successor regulations).
(C) Supplemental report fee.--The term 
``supplemental report fee'' means the fee established 
by the Administrator under paragraph (2)(B)(i)(I) to 
submit a supplemental report under subparagraph (B) of 
section 8(a)(7) of the Toxic Substances Control Act (15 
U.S.C. 2607(a)(7)).
(2) Establishment of fees.--
(A) Workload assessment analysis.--Not later than 
180 days after the date of enactment of this Act, the 
Administrator shall complete a workload assessment 
analysis with respect to the costs expected on the 
Administrator to carry out this title and the 
amendments made by this title, which may include an 
examination of the impacts of a reduced fee for small 
manufacturers under subparagraph (C).
(B) Rulemaking.--
(i) In general.--Not later than 1 year 
after the date on which the Administrator 
completes the workload assessment analysis 
under subparagraph (A), and using that workload 
assessment analysis, the Administrator shall 
complete a public and transparent rulemaking to 
establish the requirements and fees necessary 
to submit--
(I) the supplemental reports under 
subparagraph (B) of section 8(a)(7) of 
the Toxic Substances Control Act (15 
U.S.C. 2607(a)(7)), including any 
necessary requirements for supplemental 
reports under that subparagraph; and
(II) a petition to designate a use 
of a perfluoroalkyl or polyfluoroalkyl 
substance as a nonessential use or an 
essential use under section 102(c), 
which shall include--
(aa) a separate fee for 
each use for which a 
designation is requested in the 
petition; and
(bb) any necessary 
requirements for the petition 
process under that section.
(ii) Public review and comment.--The 1-year 
period described in clause (i) shall include 
not less than 90 days for public review and 
comment on the proposed rulemaking under that 
clause.
(iii) Factors.--In determining the amount 
of the supplemental report fee and the petition 
fee in the rulemaking required under clause 
(i), the Administrator--
(I) shall consider--
(aa) usage of 
perfluoroalkyl or 
polyfluoroalkyl substances;
(bb) the volume of used 
perfluoroalkyl or 
polyfluoroalkyl substances; and
(cc) the known 
toxicological risks of 
individual perfluoroalkyl or 
polyfluoroalkyl substances, 
mixtures of perfluoroalkyl or 
polyfluoroalkyl substances, and 
subclasses of perfluoroalkyl or 
polyfluoroalkyl substances, as 
determined by sources of 
information determined relevant 
by the Administrator, including 
the National PFAS Testing 
Strategy and the Computational 
Toxicology Chemicals Dashboard 
of the Environmental Protection 
Agency; and
(II) may consider the expected 
total annual costs of administering the 
non-discretionary provisions of this 
title, including collecting, 
processing, reviewing, providing access 
to, and protecting from disclosure 
confidential business information that 
is subject to section 14 of the Toxic 
Substances Control Act (15 U.S.C. 
2613).
(C) Small manufacturers.--The Administrator may, in 
the rulemaking required under subparagraph (B)(i), 
reduce the supplemental report fee and the petition fee 
for small manufacturers.
(D) Timeline; required minimum fees.--
(i) In general.--The Administrator shall 
finalize the amount of the supplemental report 
fee and the petition fee, including any reduced 
fees for small manufacturers under subparagraph 
(C), by the date that is not later than 2 years 
after the date of enactment of this Act.
(ii) Required fee.--If the Administrator 
fails to finalize the amount of the 
supplemental report fee and the petition fee 
within the 2-year period described in clause 
(i)--
(I) the amount of the supplemental 
report fee shall be $100,000 for each 
supplemental report submitted under 
subparagraph (B) of section 8(a)(7) of 
the Toxic Substances Control Act (15 
U.S.C. 2607(a)(7)), which may be lower 
for small manufacturers as determined 
by the Administrator; and
(II) the amount of the petition fee 
shall be $100,000 for each petition 
submitted under section 102(c), which 
may be lower for small manufacturers as 
determined by the Administrator.
(iii) Finalization of amounts.--Nothing in 
this subparagraph requires the Administrator to 
use the minimum fee amounts imposed by clause 
(ii) after completion of the rulemaking process 
required under subparagraph (B), even if that 
rulemaking process is not completed within the 
2-year period described in clause (i).
(3) Adjustment of fee amounts.--
(A) Adjustment for inflation.--
(i) In general.--On the date that is 3 
years after the date on which the Administrator 
establishes the amount of the supplemental 
report fee and the petition fee, and every 3 
years thereafter, the Administrator shall 
adjust the amount of the supplemental report 
fee and the petition fee to reflect changes for 
the 36-month period ending the preceding 
November 30 in the Consumer Price Index for All 
Urban Consumers published by the Bureau of 
Labor Statistics of the Department of Labor.
(ii) Adjustment of mandatory minimums.--If 
the minimum fee amounts under paragraph 
(2)(D)(ii) are in effect, clause (i) shall be 
applied by substituting ``the date on which the 
Administrator establishes the amount of the 
supplemental report fee and the petition fee'' 
for ``the date on which minimum fee amounts 
under paragraph (2)(D)(ii) come into effect'' 
until such time as the Administrator completes 
the rulemaking process required under paragraph 
(2)(B).
(B) Additional adjustment.--In addition to the 
adjustment required under subparagraph (A), the 
Administrator may, after a period of notice and 
opportunity for public comment, further adjust the 
amount of the supplemental report fee and the petition 
fee.
(4) Waiver of fees.--The Administrator shall waive the 
petition fee for any petition from a Federal agency or a State 
agency to designate a use of a perfluoroalkyl substance as a 
nonessential use or an essential use under section 102(c).
(5) Funds.--
(A) PFAS report assessment fund.--
(i) Establishment.--There is established in 
the Treasury a fund, to be known as the ``PFAS 
Report Assessment Fund'', to be administered by 
the Administrator.
(ii) Deposits.--Each fiscal year, the 
Secretary of the Treasury shall deposit into 
the PFAS Report Assessment Fund an amount equal 
to all supplemental report fees collected 
during the previous fiscal year.
(iii) Contents.--The PFAS Report Assessment 
Fund shall consist of--
(I) amounts deposited by the 
Secretary of the Treasury under clause 
(ii); and
(II) any appropriations made by 
Congress.
(iv) Use of funds.--Amounts in the PFAS 
Report Assessment Fund may be used, without 
further appropriation, to carry out 
subparagraph (B) of section 8(a)(7) of the 
Toxic Substances Control Act (15 U.S.C. 
2607(a)(7)).
(B) PFAS petition assessment fund.--
(i) Establishment.--There is established in 
the Treasury a fund, to be known as the ``PFAS 
Petition Assessment Fund'', to be administered 
by the Administrator.
(ii) Deposits.--Each fiscal year, the 
Secretary of the Treasury shall deposit into 
the PFAS Petition Assessment Fund an amount 
equal to all petition fees collected during the 
previous fiscal year.
(iii) Contents.--The PFAS Petition 
Assessment Fund shall consist of--
(I) amounts deposited by the 
Secretary of the Treasury under clause 
(ii); and
(II) any appropriations made by 
Congress.
(iv) Use of funds.--Amounts in the PFAS 
Petition Assessment Fund may be used, without 
further appropriation, to carry out section 
102(c).
(C) Interfund transfers.--The Administrator may, at 
the discretion of the Administrator and without further 
appropriation, transfer amounts between the PFAS Report 
Assessment Fund and the PFAS Petition Assessment Fund.
(6) Termination of fees.--The Administrator may terminate 
collection of the supplemental report fee and the petition fee 
only after the Administrator determines, using a rulemaking 
with a public comment period of not less than 90 days, a 
science-based reason that the fee program is no longer 
necessary.

SEC. 114. SEVERABILITY.

If any provision of this title, an amendment made by this title, or 
the application of that provision or amendment to any person or 
circumstance is held to be unconstitutional, the remainder of this 
title and the amendments made by this title, and the application of the 
provision or amendment to any other person or circumstance, shall not 
be affected.

SEC. 115. RETENTION OF STATE AUTHORITY.

(a) General Policy.--
(1) In general.--Except as provided in paragraph (2), 
beginning on the effective date of the regulations to carry out 
this title or an amendment made by this title, no State or 
political subdivision of a State may impose any requirement 
that is less stringent than the requirements under this title 
(including regulations) or an amendment made by this title with 
respect to the same matters that are regulated under this title 
(including regulations) or amendment.
(2) Exception.--If the application of any requirement under 
this title (including regulations) or an amendment made by this 
title is postponed or enjoined by action of a court, a State or 
political subdivision of a State may impose requirements 
described in paragraph (1) until such time as the requirements 
under this title (including amendments made by this title) take 
effect.
(b) Savings Provision.--Nothing in this title or an amendment made 
by this title prohibits a State or political subdivision of a State 
from imposing requirements that are more stringent than those imposed 
by this title (including regulations) or an amendment made by this 
title.

TITLE II--OTHER MATTERS WITH RESPECT TO PERFLUOROALKYL OR 
POLYFLUOROALKYL SUBSTANCES

SEC. 201. CENTERS OF EXCELLENCE FOR ASSESSING PERFLUOROALKYL AND 
POLYFLUOROALKYL SUBSTANCES IN WATER SOURCES AND 
PERFLUOROALKYL AND POLYFLUOROALKYL SUBSTANCE REMEDIATION 
SOLUTIONS.

(a) Purpose.--The purpose of this section is to dedicate resources 
to advancing, and expanding access to, perfluoroalkyl or 
polyfluoroalkyl substance detection and remediation science, research, 
and technologies through Centers of Excellence for Assessing 
Perfluoroalkyl and Polyfluoroalkyl Substances in Water Sources and 
Perfluoroalkyl and Polyfluoroalkyl Substance Remediation Solutions.
(b) Definitions.--In this section:
(1) Appropriate committees of congress.--The term 
``appropriate committees of Congress'' means--
(A) the congressional defense committees (as 
defined in section 101(a) of title 10, United States 
Code);
(B) the Committee on Environment and Public Works, 
the Committee on Energy and Natural Resources, and the 
Committee on Veterans' Affairs of the Senate; and
(C) the Committee on Energy and Commerce, the 
Committee on Natural Resources, the Committee on 
Science, Space, and Technology, and the Committee on 
Veterans' Affairs of the House of Representatives.
(2) Center.--The term ``Center'' means the Center of 
Excellence for Assessing Perfluoroalkyl and Polyfluoroalkyl 
Substances in Water Sources and Perfluoroalkyl and 
Polyfluoroalkyl Substance Remediation Solutions established 
under subsection (c)(1)(A).
(3) Centers.--The term ``Centers'' means--
(A) the Center; and
(B) the Rural Center.
(4) Eligible research university.--The term ``eligible 
research university'' means an institution of higher education 
(as defined in section 101(a) of the Higher Education Act of 
1965 (20 U.S.C. 1001(a))) that--
(A) has annual research expenditures of not less 
than $750,000,000; and
(B) is located near a population center of not 
fewer than 5,000,000 individuals.
(5) Eligible rural university.--The term ``eligible rural 
university'' means an institution of higher education that--
(A) is located in a State described in section 
1703(d)(1)(C)(iii)(I) of title 38, United States Code; 
and
(B) is a member of the National Security Innovation 
Network in the Rocky Mountain Region.
(6) EPA method 533.--The term ``EPA Method 533'' means the 
method described in the document of the Environmental 
Protection Agency entitled ``Method 533: Determination of Per- 
and Polyfluoroalkyl Substances in Drinking Water by Isotope 
Dilution Anion Exchange Solid Phase Extraction and Liquid 
Chromatography/Tandem mass Spectrometry'' (or a successor 
document).
(7) EPA method 537.1.--The term ``EPA Method 537.1'' means 
the method described in the document of the Environmental 
Protection Agency entitled ``Determination of Selected Per- and 
Polyfluorinated Alkyl Substances in Drinking Water by Solid 
Phase Extraction and Liquid Chromatography/Tandem Mass 
Spectrometry (LC/MS/MS)'' (or a successor document).
(8) National laboratory.--The term ``National Laboratory'' 
has the meaning given the term in section 2 of the Energy 
Policy Act of 2005 (42 U.S.C. 15801).
(9) Rural center.--The term ``Rural Center'' means the 
Rural Center of Excellence for Assessing Perfluoroalkyl and 
Polyfluoroalkyl Substances in Water Sources and Perfluoroalkyl 
and Polyfluoroalkyl Substance Remediation Solutions established 
under subsection (c)(1)(B).
(c) Establishment.--
(1) In general.--The Administrator shall--
(A)(i) select from among the applications submitted 
under paragraph (2)(A) an eligible research university 
and a National Laboratory applying jointly for the 
establishment of a center, to be known as the ``Center 
of Excellence for Assessing Perfluoroalkyl and 
Polyfluoroalkyl Substances in Water Sources and 
Perfluoroalkyl and Polyfluoroalkyl Substance 
Remediation Solutions'', which shall be a bi-
institutional collaboration between the eligible 
research university and National Laboratory co-
applicants; and
(ii) guide and assist the eligible research 
university and National Laboratory in the establishment 
of that center; and
(B)(i) select from among the applications submitted 
under paragraph (2)(B) an eligible rural university for 
the establishment of an additional center, to be known 
as the ``Rural Center of Excellence for Assessing 
Perfluoroalkyl and Polyfluoroalkyl Substances in Water 
Sources and Perfluoroalkyl and Polyfluoroalkyl 
Substance Remediation Solutions''; and
(ii) guide and assist the eligible rural university 
in the establishment of that center.
(2) Applications.--
(A) Center.--
(i) In general.--An eligible research 
university and National Laboratory desiring to 
establish the Center shall jointly submit to 
the Administrator an application at such time, 
in such manner, and containing such information 
as the Administrator may require.
(ii) Criteria.--In evaluating applications 
submitted under clause (i), the Administrator 
shall only consider applications that--
(I) include evidence of an existing 
partnership between the co-applicants 
that is dedicated to supporting and 
expanding shared scientific goals with 
a clear pathway to collaborating on 
furthering science and research 
relating to perfluoroalkyl or 
polyfluoroalkyl substances;
(II) demonstrate a history of 
collaboration between the co-applicants 
on the advancement of shared research 
capabilities, including instrumentation 
and research infrastructure relating to 
perfluoroalkyl or polyfluoroalkyl 
substances;
(III) indicate that the co-
applicants have the capacity to expand 
education and research opportunities 
for undergraduate and graduate students 
to prepare a generation of experts in 
sciences relating to perfluoroalkyl or 
polyfluoroalkyl substances;
(IV) demonstrate that the National 
Laboratory co-applicant is equipped to 
scale up newly discovered materials and 
methods for perfluoroalkyl or 
polyfluoroalkyl substance detection and 
perfluoroalkyl or polyfluoroalkyl 
substance removal processes for low-
risk, cost-effective, and validated 
commercialization; and
(V) identify 1 or more staff 
members of the eligible research 
university co-applicant and 1 or more 
staff members of the National 
Laboratory co-applicant who--
(aa) have expertise in 
sciences relevant to 
perfluoroalkyl or 
polyfluoroalkyl substance 
detection and remediation; and
(bb) have been jointly 
selected, and will be jointly 
appointed, by the co-applicants 
to lead, and carry out the 
purposes of, the Center.
(B) Rural center.--An eligible rural university 
desiring to establish the Rural Center shall submit to 
the Administrator an application at such time, in such 
manner, and containing such information as the 
Administrator may require.
(3) Timing.--
(A) In general.--Subject to subparagraph (B), the 
Centers shall be established not later than 1 year 
after the date of enactment of this Act.
(B) Delay.--If the Administrator determines that a 
delay in the establishment of 1 or both of the Centers 
is necessary, the Administrator--
(i) not later than the date described in 
subparagraph (A), shall submit a notification 
to the appropriate committees of Congress 
explaining the necessity of the delay; and
(ii) shall ensure that the 1 or more 
Centers for which a delay is necessary are 
established not later than 3 years after the 
date of enactment of this Act.
(4) Requirement.--The Administrator shall carry out 
subparagraphs (A) and (B) of paragraph (1)--
(A) in coordination with the Secretary of Energy, 
as the Administrator determines to be appropriate; and
(B) in consultation with the Strategic 
Environmental Research and Development Program and the 
Environmental Security Technology Certification Program 
of the Department of Defense.
(d) Duties and Capabilities of the Centers.--
(1) In general.--The Centers shall develop and maintain--
(A) capabilities for measuring, using methods 
certified by the Environmental Protection Agency, 
perfluoroalkyl or polyfluoroalkyl substance 
contamination in drinking water, ground water, and any 
other relevant environmental, municipal, industrial, or 
residential water samples; and
(B) capabilities for--
(i) evaluating emerging perfluoroalkyl or 
polyfluoroalkyl substance removal and 
destruction technologies and methods; and
(ii) benchmarking those technologies and 
methods relative to existing technologies and 
methods.
(2) Requirements.--
(A) In general.--In carrying out paragraph (1), the 
Centers shall, at a minimum--
(i) develop instruments and personnel 
capable of analyzing perfluoroalkyl or 
polyfluoroalkyl substance contamination in 
water using EPA method 533, EPA method 537.1, 
any future method or updated method, or any 
other relevant method for detecting 
perfluoroalkyl or polyfluoroalkyl substances in 
water;
(ii) develop and maintain capabilities for 
evaluating the removal of perfluoroalkyl or 
polyfluoroalkyl substances from water using 
newly developed adsorbents or membranes;
(iii) develop and maintain capabilities to 
evaluate the degradation of perfluoroalkyl or 
polyfluoroalkyl substances in water or other 
media;
(iv) make the capabilities and instruments 
developed under clauses (i) through (iii) 
available to researchers throughout the regions 
in which the Centers are located; and
(v) make reliable perfluoroalkyl or 
polyfluoroalkyl substance measurement 
capabilities and instruments available to 
municipalities and individuals in the region in 
which the Centers are located at reasonable 
cost.
(B) Open-access research.--The Centers shall 
provide open access to the research findings of the 
Centers.
(e) Coordination With Other Federal Agencies.--The Administrator 
may, as the Administrator determines to be necessary, use staff and 
other resources from other Federal agencies in carrying out this 
section.
(f) Reports.--
(1) Report on establishment of center.--With respect to 
each of the Center and the Rural Center, not later than 1 year 
after the date on which the center is established under 
subsection (c), the Administrator, in coordination with that 
center, shall submit to the appropriate committees of Congress 
a report describing--
(A) the establishment of that center; and
(B) the activities of that center since the date on 
which that center was established.
(2) Annual reports.--With respect to each of the Center and 
the Rural Center, not later than 1 year after the date on which 
the report under paragraph (1) for that center is submitted, 
and annually thereafter until the date on which that center is 
terminated under subsection (g), the Administrator, in 
coordination with that center, shall submit to the appropriate 
committees of Congress a report describing--
(A) the activities of that center during the year 
covered by the report; and
(B) any policy, research, or funding 
recommendations relating to the purposes or activities 
of that center.
(g) Termination.--
(1) In general.--Subject to paragraph (2), the Centers 
shall terminate on October 1, 2033.
(2) Extension.--If the Administrator, in consultation with 
the Centers, determines that the continued operation of 1 or 
both of the Centers beyond the date described in paragraph (1) 
is necessary to advance science and technologies to address 
perfluoroalkyl or polyfluoroalkyl substance contamination--
(A) the Administrator shall submit to the 
appropriate committees of Congress--
(i) a notification of that determination; 
and
(ii) a description of the funding necessary 
for the applicable 1 or more Centers to 
continue in operation and fulfill their 
purpose; and
(B) subject to the availability of funds, may 
extend the duration of the applicable 1 or more Centers 
for such time as the Administrator determines to be 
appropriate.
(h) Funding.--
(1) In general.--Of the amounts authorized to be 
appropriated to the Department of Defense for fiscal year 2024 
for the Strategic Environmental Research and Development 
Program and the Environmental Security Technology Certification 
Program of the Department of Defense, $25,000,000 shall be made 
available to the Administrator to carry out this section, to 
remain available until September 30, 2033.
(2) Administrative costs.--Not more than 4 percent of the 
amounts made available to the Administrator under paragraph (1) 
shall be used by the Administrator for the administrative costs 
of carrying out this section.

SEC. 202. ACTIONS UNDER STATE LAW FOR DAMAGES FROM EXPOSURE TO 
HAZARDOUS SUBSTANCES.

Section 309 of the Comprehensive Environmental Response, 
Compensation, and Liability Act of 1980 (42 U.S.C. 9658) is amended--
(1) in subsection (a)--
(A) in the subsection heading, by inserting ``and 
Statutes of Repose'' after ``Limitations'';
(B) in paragraph (1)--
(i) in the paragraph heading, by inserting 
``of limitations'' after ``statutes''; and
(ii) by inserting ``statute of'' after 
``applicable'';
(C) by redesignating paragraphs (2) and (3) as 
paragraphs (3) and (4), respectively;
(D) by inserting after paragraph (1) the following:
``(2) Exception to state statutes of repose.--In the case 
of any action brought under State law for personal injury, or 
property damages, which are caused or contributed to by 
exposure to any hazardous substance, or pollutant or 
contaminant, released into the environment from a facility, if 
the applicable statute of repose period for such action (as 
specified in the State statute of repose or under common law) 
provides a commencement date which is earlier than the 
federally required commencement date, such period shall 
commence at the federally required commencement date in lieu of 
the date specified in such State statute.''; and
(E) in paragraph (3) (as so redesignated)--
(i) by striking ``paragraph (1)'' and 
inserting ``paragraphs (1) and (2)''; and
(ii) by inserting ``or statute of repose'' 
after ``statute of limitations''; and
(2) in subsection (b)--
(A) in paragraph (2)--
(i) in the paragraph heading, by inserting 
``statute of'' after ``applicable''; and
(ii) by inserting ``statute of'' after 
``applicable'';
(B) by redesignating paragraphs (3) and (4) as 
paragraphs (4) and (5), respectively;
(C) by inserting after paragraph (2) the following:
``(3) Applicable statute of repose period.--The term 
`applicable statute of repose period' means the period 
specified in a statute of repose during which a civil action 
referred to in subsection (a)(2) may be brought.'';
(D) in paragraph (4) (as so redesignated)--
(i) by inserting ``or statute of repose'' 
after ``statute of limitations''; and
(ii) by striking ``applicable limitations 
period'' and inserting ``applicable statute of 
limitations period or applicable statute of 
repose period, respectively''; and
(E) in paragraph (5) (as so redesignated)--
(i) in subparagraph (A), by striking 
``subsection (a)(1)'' and inserting ``paragraph 
(1) or (2) of subsection (a)''; and
(ii) in subparagraph (B)--
(I) by redesignating clauses (i) 
and (ii) as subclauses (I) and (II), 
respectively, and indenting 
appropriately;
(II) in the matter preceding 
subclause (I) (as so redesignated), by 
striking ``In the case'' and inserting 
the following:
``(i) Minors and incompetents.--In the 
case''; and
(III) by adding at the end the 
following:
``(ii) Newly designated hazardous 
substances.--In the case of a contaminant of 
emerging concern, pollutant, chemical, waste, 
or other substance that is designated as a 
hazardous substance on or after August 1, 2022, 
the term `federally required commencement date' 
means the latter of--
``(I) the date on which that 
contaminant of emerging concern, 
pollutant, chemical, waste, or other 
substance is designated as a hazardous 
substance; and
``(II) the date on which the 
plaintiff knew (or reasonably should 
have known) that the personal injury or 
property damages referred to in 
paragraph (1) or (2) of subsection (a) 
were caused or contributed to by that 
contaminant of emerging concern, 
pollutant, chemical, waste, or other 
substance.''.

SEC. 203. BANKRUPTCY PROVISION RELATING TO PERSISTENT, BIOACCUMULATIVE, 
AND TOXIC CHEMICALS DEFENDANTS AND DEBTORS.

(a) In General.--Title III of the Comprehensive Environmental 
Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9651 et 
seq.) is amended by adding at the end the following:

``SEC. 313. SPECIAL PROVISION RELATING TO PERSISTENT, BIOACCUMULATIVE, 
AND TOXIC CHEMICALS DEFENDANTS AND DEBTORS.

``(a) Definitions.--In this section:
``(1) Claim; debtor; entity; petition.--The terms `claim', 
`debtor', `entity', and `petition' have the meanings given 
those terms in section 101 of title 11, United States Code.
``(2) Estate.--The term `estate' means an estate of a 
debtor described in section 541 of title 11, United States 
Code.
``(3) Nondebtor entity.--The term `nondebtor entity' means 
an entity that is not a debtor or an estate.
``(4) PBT claim.--The term `PBT claim' means a claim based 
on, arising from, or attributable to the presence of, or 
exposure to--
``(A) a perfluoroalkyl or polyfluoroalkyl 
substance; or
``(B) any persistent, bioaccumulative, and toxic 
chemical, as designated under section 6(h) of the Toxic 
Substances Control Act (15 U.S.C. 2605(h)).
``(b) Automatic Stay.--The filing of a petition does not operate as 
a stay under section 362(a) of title 11, United States Code, of the 
commencement or continuation, including the issuance or employment of 
process, of a judicial, administrative, or other action or proceeding 
against a nondebtor entity, or any act to obtain or recover property of 
a nondebtor entity, on account of or with respect to a PBT claim 
against the nondebtor entity, the debtor, or the estate (including a 
claim or cause of action against the nondebtor entity that is property 
of the debtor or the estate).''.
(b) Effective Date.--
(1) In general.--Except as provided in paragraph (2), this 
section and the amendment made by this section--
(A) shall take effect on the date of enactment of 
this Act; and
(B) shall apply to any case under title 11, United 
States Code, that is--
(i) pending as of the date of enactment of 
this Act; or
(ii) commenced or reopened on or after the 
date of enactment of this Act.
(2) Validity of final orders.--Nothing in this section, or 
the amendment made by this section, shall affect the validity 
of any final judgment, order, or decree entered before the date 
of enactment of this Act.
<all>