II 

118TH CONGRESS 

2D SESSION S. 4187 

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 SENATE OF THE UNITED STATES 

APRIL 18, 2024 

Mr. DURBIN introduced the following bill; which was read twice and referred 

to the Committee on Environment and Public Works 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

4 (a) SHORT TITLE.—This Act may be cited as the 

5 ‘‘Forever Chemical Regulation and Accountability Act of 

6 2024’’. 

7 (b) TABLE OF CONTENTS.—The table of contents for 

8 this Act is as follows: 


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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. 

1 SEC. 2. DEFINITIONS. 

2 In this Act: 

3 (1) ADMINISTRATOR.—The term ‘‘Adminis4 trator’’ means the Administrator of the Environ5 mental Protection Agency. 

6 (2) CENTERS OF EXCELLENCE.—The term 

7 ‘‘Centers of Excellence’’ means— 

8 (A) the Center of Excellence for Assessing 

9 Perfluoroalkyl and Polyfluoroalkyl Substances 

10 in Water Sources and Perfluoroalkyl and 


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1 Polyfluoroalkyl Substance Remediation Solu2 tions established under section 201(c)(1)(A); 

3 and 

4 (B) the Rural Center of Excellence for As5 sessing Perfluoroalkyl and Polyfluoroalkyl Sub6 stances in Water Sources and Perfluoroalkyl 

7 and Polyfluoroalkyl Substance Remediation So8 lutions established under section 201(c)(1)(B). 

9 (3) ESSENTIAL USE.—The term ‘‘essential 

10 use’’, with respect to a perfluoroalkyl or 

11 polyfluoroalkyl substance, means a use of the 

12 perfluoroalkyl or polyfluoroalkyl substance that is 

13 designated under section 102(c), as reflected under 

14 a review or recommendation under any applicable re15 port under section 101(h) (including a subsequent 

16 report), as being an essential use because the use of 

17 the perfluoroalkyl or polyfluoroalkyl substance in an 

18 item or process is— 

19 (A) critical for the health, safety, or func20 tioning of society; 

21 (B) necessary for the item or process to 

22 function; and 

23 (C) a use for which a safer alternative is 

24 not available. 

25 (4) MANUFACTURER.— 


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1 (A) IN GENERAL.—The term ‘‘manufac2 turer’’ means any person who— 

3 (i) imports into the United States, a 

4 territory of the United States, or a Freely 

5 Associated State a perfluoroalkyl or 

6 polyfluoroalkyl substance; 

7 (ii) exports from the United States, a 

8 territory of the United States, or a Freely 

9 Associated State a perfluoroalkyl or 

10 polyfluoroalkyl substance; 

11 (iii) produces a perfluoroalkyl or 

12 polyfluoroalkyl substance; 

13 (iv) manufactures a perfluoroalkyl or 

14 polyfluoroalkyl substance; or 

15 (v) processes a perfluoroalkyl or 

16 polyfluoroalkyl substance. 

17 (B) INCLUSIONS.—The term ‘‘manufac18 turer’’ includes importers and exporters of 

19 products that are known to contain 

20 perfluoroalkyl or polyfluoroalkyl substances. 

21 (C) EXCLUSION.—The term ‘‘manufac22 turer’’ does not include an entity that neither 

23 manufactures nor uses perfluoroalkyl or 

24 polyfluoroalkyl substances, but receives 

25 perfluoroalkyl or polyfluoroalkyl substances in 


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1 the normal course of operations of the entity, 

2 including a solid waste management facility, a 

3 composting facility, a public water system (as 

4 defined in section 1401 of the Safe Drinking 

5 Water Act (42 U.S.C. 300f)), and a publicly or 

6 privately owned or operated treatment works 

7 (as defined in section 212 of the Federal Water 

8 Pollution Control Act (33 U.S.C. 1292)). 

9 (5) NATIONAL ACADEMIES.—The term ‘‘Na10 tional Academies’’ means the National Academies of 

11 Sciences, Engineering, and Medicine. 

12 (6) NONESSENTIAL USE.—The term ‘‘non13 essential use’’ means a use of a perfluoroalkyl or 

14 polyfluoroalkyl substance that is not an essential 

15 use. 

16 (7) PERFLUOROALKYL OR POLYFLUOROALKYL

17 SUBSTANCE.—The term ‘‘perfluoroalkyl or 

18 polyfluoroalkyl substance’’ means a substance that is 

19 a perfluoroalkyl substance or a polyfluoroalkyl sub20 stance (as those terms are defined in section 

21 7331(2)(B) of the PFAS Act of 2019 (15 U.S.C. 

22 8931(2)(B))), including a mixture of those sub23 stances. 

24 (8) PROCESS.—The term ‘‘process’’, with re25 spect to a perfluoroalkyl or polyfluoroalkyl subVerDate Sep 11 2014 22:20 May 10, 2024 Jkt 049200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S4187.IS S4187

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1 stance, means the preparation of the perfluoroalkyl 

2 or polyfluoroalkyl substance, including preparation 

3 that includes the mixture of multiple perfluoroalkyl 

4 or polyfluoroalkyl substances, after the manufacture 

5 of that perfluoroalkyl or polyfluoroalkyl substance 

6 for distribution in commerce— 

7 (A) in the same form or physical state as, 

8 or in a different form or physical state from, 

9 that in which the perfluoroalkyl or 

10 polyfluoroalkyl substance was received by the 

11 person so preparing the perfluoroalkyl or 

12 polyfluoroalkyl substance; or 

13 (B) as part of an article containing the 

14 perfluoroalkyl or polyfluoroalkyl substance. 

15 (9) SAFER ALTERNATIVE.—The term ‘‘safer al16 ternative’’, with respect to the use of a 

17 perfluoroalkyl or polyfluoroalkyl substance, means a 

18 use that— 

19 (A) does not require the use of a 

20 perfluoroalkyl or polyfluoroalkyl substance to 

21 achieve the intended function; 

22 (B) demonstrates adequate performance 

23 for the intended use; 

24 (C) does not pose an unreasonable chronic 

25 or acute risk to the environment or public 


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1 health as compared to the substance being re2 placed, including any harm that may result 

3 from persistence, bioaccumulation, and toxicity 

4 in any environment or human system, either by 

5 itself or cumulatively with other substances that 

6 cause similar harms; and 

7 (D) has other risk characteristics that the 

8 Administrator determines appropriate, in con9 sultation with the heads of relevant Federal 

10 agencies and stakeholders as the Administrator 

11 determines to be appropriate. 

12 (10) STATE.—The term ‘‘State’’ means— 

13 (A) each State; 

14 (B) a territory of the United States; 

15 (C) a Freely Associated State; 

16 (D) an Indian Tribe included on the list 

17 most recently published by the Secretary of the 

18 Interior under section 104 of the Federally Rec19 ognized Indian Tribe List Act of 1994 (25 

20 U.S.C. 5131); and 

21 (E) the District of Columbia. 

22 (11) USER.— 

23 (A) IN GENERAL.—Subject to subpara24 graphs (B) and (C), the term ‘‘user’’, with re25 spect to a perfluoroalkyl or polyfluoroalkyl subVerDate Sep 11 2014 22:20 May 10, 2024 Jkt 049200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S4187.IS S4187

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1 stance, has the meaning given the term by the 

2 Administrator. 

3 (B) CONSIDERATIONS.—In determining 

4 the definition of the term ‘‘user’’ under sub5 paragraph (A), the Administrator shall con6 sider— 

7 (i) the volume of a perfluoroalkyl or 

8 polyfluoroalkyl substance used by an enti9 ty; 

10 (ii) risks associated with releases of or 

11 exposure to a perfluoroalkyl or 

12 polyfluoroalkyl substance as a result of ac13 tions of an entity, including— 

14 (I) toxicity; 

15 (II) bioaccumulative properties; 

16 (III) persistence in the environ17 ment; 

18 (IV) interactions with other 

19 perfluoroalkyl or polyfluoroalkyl sub20 stances and other toxic chemicals; 

21 (V) contamination and pollution 

22 burden of impacted communities; and 

23 (VI) associated human health ef24 fects; 


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1 (iii) past or possible future releases of 

2 a perfluoroalkyl or polyfluoroalkyl sub3 stance into the environment by an entity; 

4 and 

5 (iv) the use and fate of a 

6 perfluoroalkyl or polyfluoroalkyl substance 

7 used by an entity. 

8 (C) EXCLUSION.—The term ‘‘user’’ does 

9 not include an entity that neither manufactures 

10 nor uses perfluoroalkyl or polyfluoroalkyl sub11 stances, but receives perfluoroalkyl or 

12 polyfluoroalkyl substances in the normal course 

13 of operations of the entity, including a solid 

14 waste management facility, a composting facil15 ity, a public water system (as defined in section 

16 1401 of the Safe Drinking Water Act (42 

17 U.S.C. 300f)), and a publicly or privately owned 

18 or operated treatment works (as defined in sec19 tion 212 of the Federal Water Pollution Control 

20 Act (33 U.S.C. 1292)). 


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1 TITLE I—PHASEOUT OF NON2 ESSENTIAL 

3 PERFLUOROALKYL AND 

4 POLYFLUOROALKYL SUB5 STANCES AND ALL RELEASES 

6 SEC. 101. AGREEMENT WITH THE NATIONAL ACADEMIES 

7 CONCERNING THE ESSENTIAL USES OF 

8 PERFLUOROALKYL OR POLYFLUOROALKYL 

9 SUBSTANCES. 

10 (a) PURPOSES.—The purposes of this section are to 

11 provide for the National Academies, an independent non12 profit scientific organization with appropriate expertise 

13 that is not part of the Federal Government— 

14 (1) to review and evaluate the available sci15 entific evidence regarding categories of essential uses 

16 of perfluoroalkyl or polyfluoroalkyl substances; and 

17 (2) to provide guidance on designating 

18 perfluoroalkyl or polyfluoroalkyl substances as essen19 tial or nonessential. 

20 (b) AGREEMENT.— 

21 (1) IN GENERAL.—Not later than 60 days after 

22 the date of enactment of this Act, the Administrator 

23 (in consultation, as the Administrator determines 

24 appropriate, with the heads of other Federal depart25 ments and agencies with relevant expertise regarding 


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1 the essential uses of perfluoroalkyl or polyfluoroalkyl 

2 substances) shall seek to enter into a 10-year agree3 ment to carry out the duties described in this sec4 tion. 

5 (2) EXTENSION.—The Administrator and the 

6 National Academies may extend the agreement de7 scribed in paragraph (1) in 5-year increments. 

8 (c) REVIEW OF SCIENTIFIC EVIDENCE.— 

9 (1) IN GENERAL.—Under an agreement under 

10 subsection (b), the National Academies shall, in ac11 cordance with the policy described in section 103(a), 

12 review and summarize the scientific evidence, and 

13 assess the strength of that scientific evidence, with 

14 respect to— 

15 (A) uses of perfluoroalkyl or 

16 polyfluoroalkyl substances that should be des17 ignated as essential uses; and 

18 (B) the criteria for designating essential 

19 uses. 

20 (2) INCLUSIONS.—In carrying out the review 

21 described in paragraph (1), the National Academies 

22 shall— 

23 (A) analyze the definition of the term ‘‘es24 sential use’’ under section 2(3) as it relates to 

25 perfluoroalkyl or polyfluoroalkyl substances; 


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1 (B) conduct an assessment of how 

2 perfluoroalkyl or polyfluoroalkyl substances are 

3 integrated into the society of the United States, 

4 in which sectors of the economy of the United 

5 States perfluoroalkyl or polyfluoroalkyl sub6 stances are used, and in which sectors those 

7 uses are essential uses; 

8 (C) describe any research gaps with re9 spect to the uses of perfluoroalkyl or 

10 polyfluoroalkyl substances, including consider11 ation of mitigation strategies and safer alter12 natives; and 

13 (D) develop recommendations with respect 

14 to— 

15 (i) the research and development ac16 tivities necessary to transition the United 

17 States from the use of perfluoroalkyl or 

18 polyfluoroalkyl substances; and 

19 (ii) how the Federal Government 

20 may— 

21 (I) best ensure the conduct of the 

22 research and development activities 

23 described in clause (i) to ensure that 

24 safer alternatives minimize health, 

25 safety, and environmental risks; and 


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1 (II) best address the research 

2 gaps identified under subparagraph 

3 (C) and the research and development 

4 needs identified under clause (i) 

5 through collaboration or coordination 

6 of programs and other efforts with 

7 State, local, and Tribal governments 

8 and nongovernmental organizations, 

9 including private sector organizations. 

10 (3) TIMING.—The initial review carried out 

11 under paragraph (1) pursuant to an agreement 

12 under subsection (b) shall conclude not later than 3 

13 years after the date on which the review begins. 

14 (d) SCIENTIFIC DETERMINATIONS OF ESSENTIAL

15 USES.—For each essential use, the National Academies 

16 shall, to the extent that available scientific data permit 

17 meaningful determinations, determine— 

18 (1) categories of uses of perfluoroalkyl or 

19 polyfluoroalkyl substances that can inform regu20 latory requirements under this title and amendments 

21 made by this title; 

22 (2) a framework to guide decisionmakers in 

23 making designations of essential uses under section 

24 102(c), which shall include— 


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1 (A) the integration of findings with respect 

2 to perfluoroalkyl or polyfluoroalkyl substances, 

3 including findings on human health effects that 

4 have sufficient or limited evidence of an associa5 tion, from authoritative reviews (such as re6 views by national or international bodies) and 

7 high-quality systematic reviews; and 

8 (B) a review of emerging evidence with re9 spect to perfluoroalkyl or polyfluoroalkyl sub10 stances that is impactful in decisionmaking; and 

11 (3)(A) whether certain perfluoroalkyl or 

12 polyfluoroalkyl substances in certain consumer prod13 ucts pose an unreasonable risk to consumers, such 

14 as risks due to perfluoroalkyl or polyfluoroalkyl sub15 stance toxicity, persistence, or bioaccumulation; 

16 (B) the contribution of the uses identified 

17 under subparagraph (A) to the cumulative impact of 

18 perfluoroalkyl or polyfluoroalkyl substances on the 

19 environment and public health; and 

20 (C) recommendations for possible methods to 

21 eliminate perfluoroalkyl or polyfluoroalkyl substances 

22 from consumer products described in subparagraph 

23 (A). 

24 (e) COMMUNITY ENGAGEMENT.—In carrying out re25 views and studies under this section, the National AcadVerDate Sep 11 2014 22:20 May 10, 2024 Jkt 049200 PO 00000 Frm 00014 Fmt 6652 Sfmt 6201 E:\BILLS\S4187.IS S4187

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1 emies shall integrate robust, transparent, meaningful, and 

2 public community outreach. 

3 (f) COOPERATION OF FEDERAL AGENCIES.—The 

4 head of each relevant Federal agency, including the Ad5 ministrator, shall cooperate fully with the National Acad6 emies in carrying out the agreement under subsection (b). 

7 (g) RECOMMENDATIONS FOR ADDITIONAL STUD8 IES.— 

9 (1) IN GENERAL.—The National Academies 

10 shall make any recommendations for additional sci11 entific studies determined appropriate by the Na12 tional Academies to resolve areas of continuing sci13 entific uncertainty relating to essential uses of 

14 perfluoroalkyl or polyfluoroalkyl substances. 

15 (2) REQUIREMENTS.—In making recommenda16 tions under paragraph (1), the National Academies 

17 shall consider— 

18 (A) the scientific information that is avail19 able at the time of the recommendation; 

20 (B) the value and relevance of the informa21 tion that could result from additional studies; 

22 and 

23 (C) the cost and feasibility of carrying out 

24 those additional studies. 

25 (h) REPORTS.— 


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1 (1) INITIAL REPORT.— 

2 (A) IN GENERAL.—Not later than 1 year 

3 after the date of enactment of this Act, the Na4 tional Academies shall submit to the Adminis5 trator, the Committee on Environment and 

6 Public Works of the Senate, and the Committee 

7 on Energy and Commerce of the House of Rep8 resentatives an initial report on the activities of 

9 the National Academies under the agreement 

10 under subsection (b). 

11 (B) INCLUSIONS.—The report required 

12 under subparagraph (A) shall include— 

13 (i)(I) a description of the determina14 tions, if any, made under subsection (d); 

15 and 

16 (II) a full explanation of the scientific 

17 evidence and reasoning that led to those 

18 determinations; and 

19 (ii) any recommendations made under 

20 subsection (g). 

21 (2) SUBSEQUENT REPORTS.—Not less fre22 quently than once every 2 years after the date on 

23 which the initial report under paragraph (1) is sub24 mitted, the National Academies shall submit to the 

25 Administrator, the Committee on Environment and 


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1 Public Works of the Senate, and the Committee on 

2 Energy and Commerce of the House of Representa3 tives an update of that report. 

4 (i) ADDITIONAL STUDIES.— 

5 (1) IN GENERAL.—Beginning on the date that 

6 is 2 years after the date that the National Acad7 emies completes the review under subsection (c), the 

8 Administrator may initiate not more than 5 addi9 tional studies with the National Academies— 

10 (A) to update the review carried out under 

11 subsection (c) based on new evidence; and 

12 (B) to address the recommendations made 

13 under subsection (g). 

14 (2) AUTHORIZATION OF APPROPRIATIONS.— 

15 There are authorized to be appropriated to the Ad16 ministrator such sums as are necessary to carry out 

17 this subsection. 

18 (j) ALTERNATIVE CONTRACTING SCIENTIFIC ORGA19 NIZATION.— 

20 (1) IN GENERAL.—If the Administrator is un21 able to enter into an agreement under subsection (b) 

22 with the National Academies within the 60-day pe23 riod described in that subsection on terms acceptable 

24 to the Administrator, the Administrator shall seek to 

25 enter into an agreement for purposes of carrying out 


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1 this section with another appropriate scientific orga2 nization that— 

3 (A) is not part of the Federal Government; 

4 (B) operates as a not-for-profit entity; and 

5 (C) has expertise and objectivity com6 parable to that of the National Academies. 

7 (2) EFFECT OF ALTERNATIVE ORGANIZA8 TION.—If the Administrator enters into an agree9 ment with an alternative scientific organization 

10 under paragraph (1), any reference in this title to 

11 ‘‘the National Academies’’ shall be deemed to be a 

12 reference to that alternative scientific organization. 

13 SEC. 102. MANUFACTURING AND USE PHASEOUT PROGRAM. 

14 (a) ANNUAL PERFLUOROALKYL OR

15 POLYFLUOROALKYL SUBSTANCE MANUFACTURER AND

16 USER MONITORING AND REPORTING REQUIREMENTS.— 

17 (1) PURPOSE.—The purposes of the amend18 ments made by this subsection are— 

19 (A) to make available and accessible data 

20 to inform a nationwide phaseout of the use and 

21 environmental release of perfluoroalkyl or 

22 polyfluoroalkyl substances; 

23 (B) to put in place a process for that 

24 phaseout; and 


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1 (C) to increase transparency for the public 

2 and interested stakeholders with respect to the 

3 use, release, and prevalence of perfluoroalkyl or 

4 polyfluoroalkyl substances. 

5 (2) AMENDMENTS.—Section 8(a)(7) of the 

6 Toxic Substances Control Act (15 U.S.C. 

7 2607(a)(7)) is amended— 

8 (A) by striking ‘‘Not later’’ and inserting 

9 the following: 

10 ‘‘(A) IN GENERAL.—Not later’’; and 

11 (B) by adding at the end the following: 

12 ‘‘(B) ANNUAL SUPPLEMENTS.— 

13 ‘‘(i) DEFINITIONS OF ESSENTIAL USE; 

14 MANUFACTURER; PERFLUOROALKYL OR

15 POLYFLUOROALKYL SUBSTANCE; SAFER

16 ALTERNATIVE; USER.—In this subpara17 graph, the terms ‘essential use’, ‘manufac18 turer’, ‘perfluoroalkyl or polyfluoroalkyl 

19 substance’, ‘safer alternative’, and ‘user’ 

20 have the meanings given those terms in 

21 section 2 of the Forever Chemical Regula22 tion and Accountability Act of 2024. 

23 ‘‘(ii) MANUFACTURER AND USER RE24 PORT REQUIRED.—Not later than 3 years 

25 after the date of enactment of this subVerDate Sep 11 2014 22:20 May 10, 2024 Jkt 049200 PO 00000 Frm 00019 Fmt 6652 Sfmt 6201 E:\BILLS\S4187.IS S4187

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1 paragraph but in a manner that does not 

2 otherwise delay the implementation of this 

3 paragraph (as in effect on the day before 

4 the date of enactment of this subpara5 graph), the Administrator shall require 

6 each manufacturer and user of 

7 perfluoroalkyl or polyfluoroalkyl substance 

8 to submit a report described in subpara9 graph (A) if that manufacturer or user 

10 was not required to do so on the day be11 fore the date of enactment of this subpara12 graph. 

13 ‘‘(iii) SUPPLEMENTAL REPORTS RE14 QUIRED.—Not later than 18 months after 

15 the date on which the Administrator pub16 lishes the final rule carrying out this sub17 paragraph and not less frequently than an18 nually thereafter, subject to clause (v), 

19 each manufacturer or user of a 

20 perfluoroalkyl or polyfluoroalkyl substance 

21 shall— 

22 ‘‘(I) supplement the report re23 quired described in subparagraph (A) 

24 (including a report submitted pursu25 ant to clause (ii)) by— 


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1 ‘‘(aa) including, as applica2 ble, any updates to the informa3 tion included in the report under 

4 that subparagraph; and 

5 ‘‘(bb) including in the re6 port— 

7 ‘‘(AA) a description of 

8 any essential uses of 

9 perfluoroalkyl or 

10 polyfluoroalkyl substances 

11 carried out by the manufac12 turer or user; 

13 ‘‘(BB) any safer alter14 natives for uses of 

15 perfluoroalkyl or 

16 polyfluoroalkyl substances 

17 used by the manufacturer or 

18 user; 

19 ‘‘(CC) any environ20 mental releases of a 

21 perfluoroalkyl or 

22 polyfluoroalkyl substance, at 

23 any detectable level; 

24 ‘‘(DD) any use of a 

25 perfluoroalkyl or 


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1 polyfluoroalkyl substance 

2 that is required pursuant to 

3 Federal law (including regu4 lations), Federal standards, 

5 or Federal Government 

6 specifications; and 

7 ‘‘(EE) any additional 

8 information that the Admin9 istrator may require; and 

10 ‘‘(II) submit the supplemental re11 port to the Administrator in such a 

12 manner and at such time as the Ad13 ministrator requires. 

14 ‘‘(iv) USE OF REPORTS.— 

15 ‘‘(I) PUBLICATION.—Not later 

16 than 180 days after the date on which 

17 the Administrator receives a supple18 mental report from a manufacturer or 

19 user under clause (iii), the Adminis20 trator shall publish the supplemental 

21 report for a period of public comment 

22 and review of not less than 90 days. 

23 ‘‘(II) DATA QUALITY.—The Ad24 ministrator shall conduct data quality 

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1 views of supplemental reports received 

2 under clause (iii)— 

3 ‘‘(aa) to ensure the quality 

4 of reported data; and 

5 ‘‘(bb) to provide comment on 

6 the validity of the supplemental 

7 reports of the manufacturer. 

8 ‘‘(III) CONFIDENTIAL BUSINESS

9 INFORMATION.—The Administrator 

10 shall carry out this clause in accord11 ance with section 14. 

12 ‘‘(v) NO FURTHER REPORTS RE13 QUIRED.— 

14 ‘‘(I) IN GENERAL.—No further 

15 supplemental reports under clause (iii) 

16 shall be required from a manufacturer 

17 or user if the manufacturer or user— 

18 ‘‘(aa) permanently ceases 

19 use of all perfluoroalkyl or 

20 polyfluoroalkyl substances; and 

21 ‘‘(bb) notifies the Adminis22 trator in writing that the require23 ment under item (aa) has been 

24 met. 


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1 ‘‘(II) FINAL REPORT.—Notwith2 standing the submission of a notice 

3 under subclause (I)(bb), a manufac4 turer or user shall submit to the Ad5 ministrator a final supplemental re6 port under clause (iii) if, at any time 

7 during the 1-year period beginning on 

8 the date on which the manufacturer 

9 or user submitted the previous supple10 mental report under that clause, the 

11 manufacturer or user used a 

12 perfluoroalkyl or polyfluoroalkyl sub13 stance. 

14 ‘‘(III) PUBLIC NOTICE OF CES15 SATION.—The Administrator shall 

16 issue a public notice describing each 

17 notification received under subclause 

18 (I)(bb).’’. 

19 (3) SAVINGS PROVISION.—Nothing in para20 graph (2) or the amendments made by paragraph 

21 (2) affects the requirements under subparagraph (A) 

22 of section 8(a)(7) of the Toxic Substances Control 

23 Act (15 U.S.C. 2607(a)(7)) or any timeline estab24 lished for the implementation of that section (as in 


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1 effect on the day before the date of enactment of 

2 this Act). 

3 (b) PRODUCTION AND CONSUMPTION PHASEOUTS

4 REQUIRED.— 

5 (1) GENERAL RULE.—Not later than 10 years 

6 after the date of enactment of this Act, manufactur7 ers and users shall complete the full phaseout of 

8 nonessential uses of perfluoroalkyl or polyfluoroalkyl 

9 substances. 

10 (2) PLANS REQUIRED.— 

11 (A) IN GENERAL.—Not later than 3 years 

12 after the date of enactment of this Act, each 

13 manufacturer and user shall submit to the Ad14 ministrator, in such a manner as the Adminis15 trator may require, a plan and schedule for the 

16 full phaseout of nonessential uses of 

17 perfluoroalkyl and polyfluoroalkyl substances 

18 within the 10-year period described in para19 graph (1). 

20 (B) INCLUSION.— 

21 (i) IN GENERAL.—A plan submitted 

22 by a manufacturer or user under subpara23 graph (A) may include verifiable transfer 

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•S 4187 IS

1 ufacturer or user to an accredited research 

2 consortium, including Centers of Excel3 lence, National Laboratories of the Depart4 ment of Energy, institutions of higher edu5 cation (as defined in section 101(a) of the 

6 Higher Education Act of 1965 (20 U.S.C. 

7 1001(a))), and other relevant entities, as 

8 determined by the Administrator, for the 

9 purposes of— 

10 (I) research into the destruction, 

11 detection, and remediation of 

12 perfluoroalkyl or polyfluoroalkyl sub13 stances; and 

14 (II) other related research. 

15 (ii) SAVINGS PROVISION.—Nothing in 

16 this subparagraph— 

17 (I) affects an obligation of a 

18 manufacturer or user to comply with 

19 a regulation or requirement associated 

20 with the removal, disposal, or destruc21 tion of a perfluoroalkyl or 

22 polyfluoroalkyl substance; or 

23 (II) prohibits a manufacturer or 

24 user from using a method of removal, 

25 disposal, or destruction of a 


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•S 4187 IS

1 perfluoroalkyl or polyfluoroalkyl sub2 stance in accordance with applicable 

3 law. 

4 (C) PUBLIC AVAILABILITY.—The Adminis5 trator shall make the plans submitted by manu6 facturers and users under subparagraph (A) 

7 publicly available in accordance with section 14 

8 of the Toxic Substances Control Act (15 U.S.C. 

9 2614). 

10 (3) ACCELERATED SCHEDULE.— 

11 (A) IN GENERAL.—The Administrator 

12 may, after a period of notice and opportunity 

13 for public comment of not less than 180 days, 

14 require that the full phaseout of nonessential 

15 uses of perfluoroalkyl or polyfluoroalkyl sub16 stances required under paragraph (1) occur on 

17 a schedule that is more stringent than the 

18 schedule required under that paragraph. 

19 (B) PETITION.— 

20 (i) IN GENERAL.—Any person may 

21 petition the Administrator to establish a 

22 more stringent schedule under subpara23 graph (A). 

24 (ii) REQUIREMENTS.—A petition sub25 mitted under clause (i) shall— 


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•S 4187 IS

1 (I) be made at such time, in such 

2 manner, and containing such informa3 tion as the Administrator shall re4 quire; and 

5 (II) include a showing by the pe6 titioner that there are scientific data 

7 with respect to nonessential uses of 

8 perfluoroalkyl or polyfluoroalkyl sub9 stances to support the petition. 

10 (iii) RESPONSE TIMELINE.— 

11 (I) IN GENERAL.—If the Admin12 istrator receives a petition under 

13 clause (i), the Administrator shall— 

14 (aa) not later than 180 days 

15 after the date on which the Ad16 ministrator receives the peti17 tion— 

18 (AA) make the com19 plete petition available to 

20 the public; and 

21 (BB) when making the 

22 petition available pursuant 

23 to subitem (AA), propose 

24 and seek public comment, 

25 for a period of not less than 


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•S 4187 IS

1 90 days, on the proposal of 

2 the Administrator to grant 

3 or deny the petition; and 

4 (bb) not later than 1 year 

5 after the date on which the Ad6 ministrator receives the petition, 

7 take final action on the petition. 

8 (II) REVISED PLANS AND SCHED9 ULES.— 

10 (aa) IN GENERAL.—If, after 

11 receiving public comment with re12 spect to a petition received under 

13 clause (i), the Administrator 

14 grants the petition, each manu15 facturer and user shall revise and 

16 submit to the Administrator an 

17 update to the plan and schedule 

18 required under paragraph (2)(A) 

19 to reflect the more stringent 

20 schedule described in the peti21 tion. 

22 (bb) REQUIREMENT.—A re23 vised plan and schedule under 

24 item (aa) shall be submitted in 

25 accordance with paragraph (2). 


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•S 4187 IS

1 (4) ACCELERATED PHASE-OUT IN CERTAIN

2 PRODUCTS.— 

3 (A) PHASE-OUT WITHIN 1 YEAR.— 

4 (i) IN GENERAL.—Notwithstanding 

5 any other provision of this Act but subject 

6 to clause (ii), beginning on the date that is 

7 1 year after the date of enactment of this 

8 Act, no person may sell, offer for sale, or 

9 distribute for sale in interstate com10 merce— 

11 (I) a carpet or rug that contains 

12 perfluoroalkyl or polyfluoroalkyl sub13 stances; 

14 (II) a fabric treatment that con15 tains perfluoroalkyl or polyfluoroalkyl 

16 substances; 

17 (III) food packaging and con18 tainers that contains perfluoroalkyl or 

19 polyfluoroalkyl substances; 

20 (IV) a juvenile product that con21 tains perfluoroalkyl or polyfluoroalkyl 

22 substances; or 

23 (V) an oil or gas product that 

24 contains perfluoroalkyl or 

25 polyfluoroalkyl substances. 


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•S 4187 IS

1 (ii) EXCEPTION FOR RESALE.—The 

2 prohibition under clause (i) does not apply 

3 to the sale or resale of used products de4 scribed in subclauses (I), (II), and (IV) of 

5 that clause. 

6 (B) PHASE-OUT WITHIN 2 YEARS.— 

7 (i) IN GENERAL.—Notwithstanding 

8 any other provision of this Act but subject 

9 to clause (ii), beginning on the date that is 

10 2 years after the date of enactment of this 

11 Act, no person may sell, offer for sale, or 

12 distribute for sale in interstate com13 merce— 

14 (I) a cosmetic that contains 

15 perfluoroalkyl or polyfluoroalkyl sub16 stances; 

17 (II) an indoor textile furnishing 

18 that contains perfluoroalkyl or 

19 polyfluoroalkyl substances; 

20 (III) indoor upholstered furniture 

21 that contains perfluoroalkyl or 

22 polyfluoroalkyl substances; 

23 (IV) an accessory or handbag 

24 that contains perfluoroalkyl or 

25 polyfluoroalkyl substances; or 


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•S 4187 IS

1 (V) except for a product de2 scribed in subparagraph (D), indoor 

3 and outdoor apparel that contains 

4 perfluoroalkyl or polyfluoroalkyl sub5 stances. 

6 (ii) EXCEPTION FOR RESALE.—The 

7 prohibition under clause (i) does not apply 

8 to the sale or resale of used products de9 scribed in each of subclauses (II) through 

10 (V) of that clause. 

11 (C) PHASE-OUT WITHIN 4 YEARS.— 

12 (i) IN GENERAL.—Notwithstanding 

13 any other provision of this Act but subject 

14 to clause (ii), beginning on the date that is 

15 4 years after the date of enactment of this 

16 Act, no person may sell, offer for sale, or 

17 distribute for sale in interstate com18 merce— 

19 (I) an outdoor textile furnishing 

20 that contains perfluoroalkyl or 

21 polyfluoroalkyl substances; or 

22 (II) outdoor upholstered fur23 niture that contains perfluoroalkyl or 

24 polyfluoroalkyl substances. 


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•S 4187 IS

1 (ii) EXCEPTION FOR RESALE.—The 

2 prohibition under clause (i) does not apply 

3 to the sale or resale of used products de4 scribed in that clause. 

5 (D) PHASEOUT WITHIN 5 YEARS.— 

6 (i) IN GENERAL.—Notwithstanding 

7 any other provision of this Act but subject 

8 to clause (ii), beginning on the date that is 

9 5 years after the date of enactment of this 

10 Act, no person may sell, offer for sale, or 

11 distribute for sale in interstate commerce 

12 outdoor apparel for severe wet conditions 

13 that contain intentionally used 

14 perfluoroalkyl or polyfluoroalkyl sub15 stances. 

16 (ii) EXCEPTION FOR RESALE.—The 

17 prohibition under clause (i) does not apply 

18 to the sale or resale of used products de19 scribed in that clause. 

20 (c) DESIGNATIONS OF NONESSENTIAL AND ESSEN21 TIAL USES.— 

22 (1) 10-YEAR REQUIREMENT.—Beginning on the 

23 date that is 10 years after the date of enactment of 

24 this Act— 


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•S 4187 IS

1 (A) all nonessential uses of a 

2 perfluoroalkyl or polyfluoroalkyl substance shall 

3 be prohibited; and 

4 (B) any use of a perfluoroalkyl or 

5 polyfluoroalkyl substance shall be considered a 

6 nonessential use unless the Administrator, con7 sistent with applicable recommendations or 

8 other analysis, if any, under a report under sec9 tion 101(h) (including a subsequent report), 

10 has designated the use as an essential use 

11 under paragraph (2) or (3). 

12 (2) PETITION.— 

13 (A) IN GENERAL.—A person may submit 

14 to the Administrator a petition to designate a 

15 use of a perfluoroalkyl or polyfluoroalkyl sub16 stance as a nonessential use or an essential use 

17 at such time (including on a 1-time, periodic, or 

18 continuing basis within such timeframe as the 

19 Administrator may require), in such manner, 

20 and containing such information as the Admin21 istrator may require. 

22 (B) BURDEN OF PROOF.—In submitting a 

23 petition under subparagraph (A)— 

24 (i) the burden of proof shall be on the 

25 petitioner to demonstrate that a use of a 


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•S 4187 IS

1 perfluoroalkyl or polyfluoroalkyl substance 

2 is a nonessential use or an essential use; 

3 and 

4 (ii) the petitioner shall provide any in5 formation requested by the Administrator, 

6 on a 1-time, periodic, or continuous basis 

7 within such timeframe as the Adminis8 trator may require, to inform a determina9 tion under subparagraph (C). 

10 (C) DETERMINATION.— 

11 (i) BEST AVAILABLE SCIENCE.—The 

12 determination of the Administrator to 

13 grant or deny a petition submitted under 

14 subparagraph (A) shall be based on— 

15 (I) the best available science; and 

16 (II) the applicable recommenda17 tions or other analysis, if any, under 

18 a report under section 101(h) (includ19 ing a subsequent report). 

20 (ii) TIMELINE.— 

21 (I) IN GENERAL.—Subject to 

22 subclause (II), the Administrator shall 

23 finalize a determination to grant or 

24 deny a petition submitted under sub25 paragraph (A) by not later than 270 


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•S 4187 IS

1 days after the date of receipt of the 

2 petition. 

3 (II) REQUIREMENT.—The Ad4 ministrator may not finalize a deter5 mination to grant or deny a petition 

6 submitted under subparagraph (A) be7 fore the date that is 1 year after the 

8 date on which the first report under 

9 subsection (h) of section 101 is sub10 mitted after the date on which the re11 view under subsection (c) of that sec12 tion is completed. 

13 (iii) PUBLIC AVAILABILITY.— 

14 (I) IN GENERAL.—In making a 

15 determination to grant or deny a peti16 tion submitted under subparagraph 

17 (A), the Administrator shall— 

18 (aa) make all materials sub19 mitted with the petition available 

20 for public review and comment 

21 for a period of not less than 180 

22 days; and 

23 (bb) consider all public com24 ments submitted with respect to 


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•S 4187 IS

1 the materials made available 

2 under item (aa). 

3 (II) CONFIDENTIAL BUSINESS

4 INFORMATION.—Subclause (I) shall be 

5 carried out in accordance with section 

6 14 of the Toxic Substances Control 

7 Act (15 U.S.C. 2613). 

8 (D) EXPEDITED CONSIDERATION.—The 

9 Administrator shall, to the maximum extent 

10 practicable, expedite the consideration of peti11 tions submitted under subparagraph (A) from a 

12 Federal agency. 

13 (E) TERMINATION OF PETITION PROC14 ESS.—The Administrator shall continue to ac15 cept petitions under this paragraph until such 

16 time as all perfluoroalkyl or polyfluoroalkyl sub17 stances and uses of perfluoroalkyl or 

18 polyfluoroalkyl substances are eliminated in ac19 cordance with the policy described in section 

20 103(a). 

21 (3) ALTERNATIVE DESIGNATION PROCESS.— 

22 (A) IN GENERAL.—On a continuing basis 

23 and in consultation with relevant Federal agen24 cies as the Administrator determines necessary, 

25 the Administrator may review and, through a 


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•S 4187 IS

1 public rulemaking, designate as a nonessential 

2 use or an essential use a use of a perfluoroalkyl 

3 or polyfluoroalkyl substance. 

4 (B) REQUIREMENT.—The decision of the 

5 Administrator to designate a use of a 

6 perfluoroalkyl or polyfluoroalkyl substance as a 

7 nonessential use or an essential use under sub8 paragraph (A) shall be consistent with— 

9 (i) the best available science; and 

10 (ii) the applicable recommendations or 

11 other analysis, if any, under a report under 

12 section 101(h) (including a subsequent re13 port). 

14 (C) TIMELINE.— 

15 (i) REPORT REQUIRED.—The Admin16 istrator may not designate a use of a 

17 perfluoroalkyl or polyfluoroalkyl substance 

18 as a nonessential use or an essential use 

19 under subparagraph (A) before the date 

20 that is 1 year after the date on which the 

21 first report under subsection (h) of section 

22 101 is submitted after the date on which 

23 the review under subsection (c) of that sec24 tion is completed. 


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•S 4187 IS

1 (ii) PUBLIC REVIEW.—Before desig2 nating a use of a perfluoroalkyl or 

3 polyfluoroalkyl substance as a nonessential 

4 use or an essential use under subpara5 graph (A), the Administrator shall publish 

6 the proposed designation for public review 

7 and comment for a period of not less than 

8 180 days. 

9 (iii) FINAL DESIGNATION.—The Ad10 ministrator shall publicly issue a final des11 ignation of a use of a perfluoroalkyl or 

12 polyfluoroalkyl substance as a nonessential 

13 use or an essential use under subpara14 graph (A) by not later than 270 days after 

15 the date on which the public review and 

16 comment period under clause (ii) ends. 

17 (4) DATA TRANSPARENCY.—The Administrator 

18 may, to inform a designation under paragraph (2) or 

19 (3), require a manufacturer, user, person who manu20 facturers equipment for a manufacturer or user, per21 son who the Administrator believes may have nec22 essary information to inform a designation under 

23 paragraph (2) or (3), or a person subject to the re24 quirements of this title or an amendment made by 

25 this title to provide relevant information (on a 1- 


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•S 4187 IS

1 time, periodic, or continuing basis for such time2 frame as the Administrator determines appropriate). 

3 (5) REQUIRED PETITIONS.— 

4 (A) IN GENERAL.—Stakeholders shall use 

5 the petition process under paragraph (2) to 

6 identify and list products and processes that 

7 use a perfluoroalkyl or polyfluoroalkyl substance 

8 that have a use in a product that is required to 

9 be used under Federal law (including regula10 tions), Federal standards, or Federal Govern11 ment specifications. 

12 (B) SUBMISSION TO OTHER AGENCIES.—If 

13 the Administrator receives a petition under 

14 paragraph (2) or begins to carry out the alter15 native designation process under paragraph (3) 

16 with respect to a use described in subparagraph 

17 (A), the Administrator shall, on receipt of the 

18 petition, share the petition with the head of the 

19 Federal agency that required the use for a re20 view and comment period of not less than 30 

21 days. 

22 (6) REVIEW OF PREVIOUS DESIGNATIONS.—The 

23 Administrator may, pursuant to a petition from a 

24 petitioner or at the discretion of the Administrator, 

25 review the designation of a use of a perfluoroalkyl or 


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•S 4187 IS

1 polyfluoroalkyl substance as a nonessential use or an 

2 essential use and redesignate that use as a non3 essential use or an essential use in accordance with 

4 the process under which the designation was origi5 nally made. 

6 (d) ADMINISTRATOR PRIORITIZATION DISCRE7 TION.—The Administrator may prioritize the establish8 ment of a report under this section or a designation of 

9 the use of a class or subclass perfluoroalkyl or 

10 polyfluoroalkyl substances as a nonessential use or an es11 sential use under subsection (c) in accordance with— 

12 (1) the National PFAS Testing Strategy of the 

13 Environmental Protection Agency (or a successor 

14 strategy); or 

15 (2) any other method that is based on the best 

16 available science. 

17 (e) PROHIBITION OF SALES OF NONESSENTIAL

18 PERFLUOROALKYL OR POLYFLUOROALKYL SUB19 STANCES.— 

20 (1) IN GENERAL.—Beginning on the date that 

21 is 10 years after the date of enactment of this Act, 

22 a manufacturer or user shall not engage in the sale 

23 of perfluoroalkyl or polyfluoroalkyl substances that 

24 remain in the possession of the manufacturer or user 

25 on that date for nonessential uses. 


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•S 4187 IS

1 (2) PERFLUOROALKYL OR POLYFLUOROALKYL

2 SUBSTANCE STOCKS.—The Administrator may ap3 prove verifiable transfers of perfluoroalkyl or 

4 polyfluoroalkyl substance stocks in the possession of 

5 a manufacturer or user to an accredited research 

6 consortium, including Centers of Excellence, Na7 tional Laboratories of the Department of Energy, in8 stitutions of higher education (as defined in section 

9 101(a) of the Higher Education Act of 1965 (20 

10 U.S.C. 1001(a))), and other relevant entities that 

11 contribute to the achievement of the policy described 

12 in section 103(a). 

13 (3) SAVINGS PROVISION.—Nothing in this sub14 section— 

15 (A) affects an obligation of a manufacturer 

16 or user to comply with a regulation or require17 ment associated with the removal, disposal, or 

18 destruction of a perfluoroalkyl or 

19 polyfluoroalkyl substance; or 

20 (B) prohibits a manufacturer or user from 

21 using a method of removal, disposal, or destruc22 tion of a perfluoroalkyl or polyfluoroalkyl sub23 stance in accordance with applicable law. 


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•S 4187 IS

1 SEC. 103. UNITED STATES PERFLUOROALKYL OR 

2 POLYFLUOROALKYL SUBSTANCE POLICY. 

3 (a) GENERAL POLICY.—It is the policy of the United 

4 States that, to the maximum extent practicable and as 

5 permitted under applicable law— 

6 (1) contamination of any environmental media 

7 by a perfluoroalkyl or polyfluoroalkyl substance 

8 should be remediated to levels that do not present 

9 an unreasonable risk to public health and the envi10 ronment; 

11 (2) the destruction and disposal of 

12 perfluoroalkyl or polyfluoroalkyl substances— 

13 (A) is considered most essential to the 

14 elimination of perfluoroalkyl or polyfluoroalkyl 

15 substances, which are also known as ‘‘forever 

16 chemicals’’; and 

17 (B) should be prioritized as part of any 

18 perfluoroalkyl or polyfluoroalkyl substance re19 mediation strategy in a manner that presents 

20 the lowest risk of environmental release and the 

21 lowest risk to public health and the environ22 ment; 

23 (3) the use of perfluoroalkyl or polyfluoroalkyl 

24 substances in consumer products should be elimi25 nated; and 


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•S 4187 IS

1 (4) in cases in which the use of perfluoroalkyl 

2 or polyfluoroalkyl substances is essential, in accord3 ance with any applicable report under section 101(h) 

4 (including a subsequent report), and no safer alter5 native for that use is available, those perfluoroalkyl 

6 or polyfluoroalkyl substances should be removed or 

7 replaced by chemicals, product substitutes, or alter8 native manufacturing processes that reduce overall 

9 risk to human health and the environment, including 

10 risks due to chronic, acute, and cumulative impacts. 

11 (b) FEDERAL PROCUREMENT.— 

12 (1) IN GENERAL.—Beginning on the date of en13 actment of this Act, the heads of Federal agencies, 

14 in coordination with the Administrator and the Ad15 ministrator of General Services, shall, to the max16 imum extent practicable, eliminate the procurement 

17 of products known to contain perfluoroalkyl or 

18 polyfluoroalkyl substances. 

19 (2) SURVEY.—In carrying out paragraph (1), 

20 the heads of Federal agencies may— 

21 (A) carry out surveys of the products pro22 cured by the Federal agency to determine 

23 whether the products contain perfluoroalkyl or 

24 polyfluoroalkyl substances; and 


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•S 4187 IS

1 (B) pause or cease procurement of prod2 ucts that have not been identified as not con3 taining perfluoroalkyl or polyfluoroalkyl sub4 stances within a reasonable timeline that ac5 counts for— 

6 (i) survey completion and product re7 turn; and 

8 (ii) identifying and securing safer al9 ternatives for the product. 

10 (c) BEST AVAILABLE SCIENCE.—A determination 

11 that an action complies with the policy described in sub12 section (a) or an action taken under subsection (b) shall 

13 be based on the best available science. 

14 (d) SAVINGS PROVISION.—Nothing in this section af15 fects any other duty or obligation under Federal law. 

16 SEC. 104. PERFLUOROALKYL OR POLYFLUOROALKYL SUB17 STANCE RELEASE PHASEOUT. 

18 (a) IN GENERAL.—Beginning on the date that is 10 

19 years after the date of enactment of this Act, it shall be 

20 unlawful for any manufacturer or user to release any 

21 quantity of perfluoroalkyl or polyfluoroalkyl substance 

22 above the threshold of detection of a detection method for 

23 perfluoroalkyl or polyfluoroalkyl substances that is vali24 dated by the Administrator in a manner that permits that 


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•S 4187 IS

1 perfluoroalkyl or polyfluoroalkyl substance to enter the en2 vironment. 

3 (b) RULEMAKING REQUIRED.— 

4 (1) IN GENERAL.—Not later than 7 years after 

5 the date of enactment of this Act and after a period 

6 of notice and opportunity for public comment, the 

7 Administrator shall finalize a rule that— 

8 (A) establishes a schedule for the phaseout 

9 of the releases above the threshold of detection 

10 described in subsection (a) by the date de11 scribed in that subsection; and 

12 (B) establishes applicable detection meth13 ods and relevant thresholds. 

14 (2) UPDATE.—The Administrator may update, 

15 in whole or in part, the schedule required under sub16 paragraph (A) of paragraph (1) in accordance with 

17 that paragraph. 

18 (3) EARLY ADOPTION.—The Administrator 

19 may, in accordance with the policy described in sec20 tion 103(a) and after a period of notice and oppor21 tunity for public comment, finalize a rule before the 

22 rule required under paragraph (1) that— 

23 (A) establishes a schedule for the phaseout 

24 or banning of releases of individual 

25 perfluoroalkyl or polyfluoroalkyl substances, 


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•S 4187 IS

1 mixtures of perfluoroalkyl or polyfluoroalkyl 

2 substances, or subclasses of perfluoroalkyl or 

3 polyfluoroalkyl substances above the threshold 

4 of detection described in subsection (a) by the 

5 date described in that subsection; and 

6 (B) establishes applicable detection meth7 ods and relevant thresholds. 

8 (c) SAVINGS PROVISION.—Nothing in this section af9 fects any other duty or obligation under any other Federal 

10 law. 

11 SEC. 105. USE FOR RESEARCH. 

12 (a) IN GENERAL.—Notwithstanding any other provi13 sion of this title, the Administrator may allow the use and 

14 detectable release of perfluoroalkyl or polyfluoroalkyl sub15 stances described in subsections (b) and (c) that do not 

16 place unreasonable risk on human health or the environ17 ment for research, development, testing, and other similar 

18 purposes to assist in the achievement of the policy de19 scribed in section 103(a). 

20 (b) REMAINING STOCKS OF PERFLUOROALKYL OR

21 POLYFLUOROALKYL SUBSTANCES.— 

22 (1) IN GENERAL.—A manufacturer or user with 

23 remaining stocks of perfluoroalkyl or polyfluoroalkyl 

24 substances in the possession of the manufacturer or 

25 user following cessation of the manufacture or use of 


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•S 4187 IS

1 perfluoroalkyl or polyfluoroalkyl substances may 

2 enter into an agreement with the Administrator, an 

3 accredited research consortium, including Centers of 

4 Excellence, National Laboratories of the Department 

5 of Energy, institutions of higher education (as de6 fined in section 101(a) of the Higher Education Act 

7 of 1965 (20 U.S.C. 1001(a))), and other relevant 

8 entities, as determined by the Administrator, in 

9 order for such stocks to be available for use in ac10 cordance with subsection (a). 

11 (2) REQUIREMENT.—The Administrator may 

12 only enter into an agreement under paragraph (1) if 

13 the actions to be carried out under that agreement 

14 directly contribute to the achievement of the policy 

15 described in section 103(a), as determined by the 

16 Administrator. 

17 (3) SAVINGS PROVISION.—Nothing in this sub18 section— 

19 (A) affects an obligation of a manufacturer 

20 or user to comply with a regulation or require21 ment associated with the removal, disposal, or 

22 destruction of a perfluoroalkyl or 

23 polyfluoroalkyl substance; or 

24 (B) prohibits a manufacturer or user from 

25 using a method of removal, disposal, or destrucVerDate Sep 11 2014 22:20 May 10, 2024 Jkt 049200 PO 00000 Frm 00048 Fmt 6652 Sfmt 6201 E:\BILLS\S4187.IS S4187

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•S 4187 IS

1 tion of a perfluoroalkyl or polyfluoroalkyl sub2 stance in accordance with applicable law. 

3 (c) PROHIBITION.—It shall be unlawful to develop or 

4 produce a perfluoroalkyl or polyfluoroalkyl substance sole5 ly for the purposes of activities authorized under sub6 section (a) unless the Administrator determines it nec7 essary to comply with the policy described in section 

8 103(a). 

9 SEC. 106. INSPECTIONS, MONITORING, AND ENTRY. 

10 (a) IN GENERAL.—For the purpose of determining 

11 whether a person is in violation of this title or an amend12 ment made by this title or for the purposes of carrying 

13 out any provision of this title or an amendment made by 

14 this title— 

15 (1) the Administrator may require any manu16 facturer, user, person who manufactures equipment 

17 for a manufacturer or user, person who the Adminis18 trator believes may have information necessary for 

19 the purposes described in this paragraph, or person 

20 who is subject to the requirements of this title or an 

21 amendment made by this title, on a 1-time, periodic, 

22 or continuous basis— 

23 (A) to install, use, and maintain such mon24 itoring equipment, and use such audit proceVerDate Sep 11 2014 22:20 May 10, 2024 Jkt 049200 PO 00000 Frm 00049 Fmt 6652 Sfmt 6201 E:\BILLS\S4187.IS S4187

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•S 4187 IS

1 dures or methods, as the Administrator may re2 quire; 

3 (B) to sample such releases (in accordance 

4 with such procedures or methods, at such loca5 tions, at such intervals, during such periods, 

6 and in such manner as determined by the Ad7 ministrator) as the Administrator may require; 

8 (C) to keep such records on control equip9 ment parameters, production variables, or other 

10 equivalent indirect data as the Administrator 

11 may require when direct monitoring of releases 

12 is impractical; 

13 (D) to provide such other information as 

14 the Administrator may require; and 

15 (E) to provide records and reports within 

16 30 days of the date of a request by the Admin17 istrator for that record or report; and 

18 (2) the Administrator (including an authorized 

19 representative of the Administrator), on presentation 

20 of the credentials of the Administrator (or author21 ized representative of the Administrator) shall— 

22 (A) have a right of entry to, on, or through 

23 any premises of the person or any premises in 

24 which any records required to be maintained 

25 under paragraph (1) are located; and 


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•S 4187 IS

1 (B) at reasonable times, have a right to ac2 cess and copy any records, to inspect any moni3 toring equipment or method required under 

4 paragraph (1), and to sample any releases that 

5 the person is required to sample under that 

6 paragraph. 

7 (b) PUBLIC AVAILABILITY.—Any record, report, or 

8 information obtained by the Administrator under sub9 section (a) shall, subject to section 14 of the Toxic Sub10 stances Control Act (15 U.S.C. 2613), be made available 

11 to the public as soon as reasonably practicable. 

12 SEC. 107. ENFORCEMENT. 

13 (a) COMPLIANCE ORDERS.— 

14 (1) IN GENERAL.—Except as provided in para15 graph (2), whenever, on the basis of any informa16 tion, the Administrator determines that a person 

17 may have violated, or may be in violation of, any re18 quirement of this title or an amendment made by 

19 this title, the Administrator may— 

20 (A) issue an order— 

21 (i) assessing a civil penalty for any 

22 past or current violation in an amount that 

23 the Administrator determines would re24 move any economic benefit from the viola25 tion; 


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•S 4187 IS

1 (ii) requiring compliance with that re2 quirement, either immediately or within a 

3 specified period of time; or 

4 (iii) that both assesses a civil penalty 

5 in accordance with clause (i) and requires 

6 compliance in accordance with clause (ii); 

7 or 

8 (B) commence a civil action for appro9 priate relief, including a temporary or perma10 nent injunction, in the United States district 

11 court for— 

12 (i) the district in which the violation 

13 is alleged to have occurred, or is occurring; 

14 or 

15 (ii) the district in which the defendant 

16 resides or in which the principal place of 

17 business of the defendant is located. 

18 (2) NOTICE TO STATE.—Before issuing an 

19 order or commencing an action under paragraph (1) 

20 for a violation of a requirement of this title or an 

21 amendment made by this title, the Administrator 

22 shall give notice to the State in which the violation 

23 is alleged to have occurred. 

24 (3) SUSPENSION AND REVOCATION.—An order 

25 issued pursuant to this subsection— 


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•S 4187 IS

1 (A) may include a suspension or revocation 

2 of any use of a perfluoroalkyl or polyfluoroalkyl 

3 substance authorized under this title by the Ad4 ministrator or a State; and 

5 (B) shall state with reasonable specificity 

6 the nature of the violation for which the order 

7 was issued. 

8 (4) CIVIL PENALTY.— 

9 (A) FACTORS.—In assessing a civil penalty 

10 under paragraph (1)(A)(i), the Administrator 

11 shall take into account, as applicable— 

12 (i) the seriousness of the violation; 

13 (ii) the full compliance history of the 

14 defendant and any good faith efforts to 

15 comply; 

16 (iii) the size of the business of the de17 fendant; 

18 (iv) the economic impact of the pen19 alty on the business of the defendant; 

20 (v) the duration of the violation, as 

21 established by credible evidence (including 

22 evidence other than the applicable test 

23 method); 

24 (vi) the amount of penalties previously 

25 assessed for the same violation; 


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•S 4187 IS

1 (vii) the economic benefit of the viola2 tion; 

3 (viii) the cumulative impacts of— 

4 (I) the full compliance history of 

5 the defendant and any good faith ef6 forts to comply; and 

7 (II) other environmental contami8 nant exposures in impacted commu9 nities and ecosystems; and 

10 (ix) any other factor that justice may 

11 require. 

12 (B) SAVINGS PROVISION.—Nothing in this 

13 paragraph affects the existing authority of the 

14 Administrator to exercise enforcement discre15 tion, including consideration of supplemental 

16 environmental projects. 

17 (b) VIOLATION OF COMPLIANCE ORDERS.—If a per18 son subject to an order issued under subsection (a)(1) fails 

19 to take corrective action within the period specified in that 

20 order, the Administrator may assess a civil penalty in an 

21 amount that the Administrator determines would remove 

22 any economic benefit from the violation for each day of 

23 continuing violation in accordance with subsection (a)(4). 

24 (c) CRIMINAL PENALTIES.—A person who recklessly 

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•S 4187 IS

1 plicable standard under this title (including regulations) 

2 or an amendment made by this title shall, on conviction, 

3 be subject to— 

4 (1) a fine in an amount that the Administrator 

5 determines removes any economic benefit of the vio6 lation for each day of continuing violation; 

7 (2) imprisonment for a period of not more than 

8 5 years; or 

9 (3) both a fine under paragraph (1) and impris10 onment under paragraph (2). 

11 (d) RELATIONSHIP TO OTHER LAWS.—The Adminis12 trator shall carry out this title and amendments made by 

13 this title in accordance with— 

14 (1) the Clean Air Act (42 U.S.C. 7401 et seq.); 

15 (2) the Toxic Substances Control Act (15 

16 U.S.C. 2601 et seq.); 

17 (3) the Federal Water Pollution Control Act 

18 (33 U.S.C. 1251 et seq.); 

19 (4) the Marine Protection, Research, and Sanc20 tuaries Act of 1972 (33 U.S.C. 1401 et seq.); 

21 (5) the Safe Drinking Water Act (42 U.S.C. 

22 300f et seq.); and 

23 (6) the Solid Waste Disposal Act (42 U.S.C. 

24 6901 et seq.) (commonly known as the ‘‘Resource 

25 Conservation and Recovery Act of 1976’’). 


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•S 4187 IS

1 SEC. 108. CITIZEN SUITS. 

2 (a) CITIZEN SUITS AUTHORIZED.— 

3 (1) IN GENERAL.—Except as provided in sub4 sections (b) and (c), any person may commence a 

5 civil action on their own behalf against— 

6 (A) any manufacturer or user subject to 

7 the requirements of this title or an amendment 

8 made by this title (including a manufacturer, 

9 user, the United States, and, to the extent per10 mitted by the 11th Amendment of the Constitu11 tion of the United States, any other govern12 mental instrumentality or agency) that is al13 leged to be in violation of any standard, regula14 tion, condition, requirement, prohibition, sched15 ule, deadline, or order under this title; 

16 (B) any manufacturer or user subject to 

17 the requirements of this title or an amendment 

18 made by this title (including the United States 

19 and, to the extent permitted by the 11th 

20 Amendment of the Constitution of the United 

21 States, any other governmental instrumentality 

22 or agency) that is using a perfluoroalkyl or 

23 polyfluoroalkyl substance that may present an 

24 imminent and substantial endangerment to 

25 human health or the environment; or 


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•S 4187 IS

1 (C) the Administrator, if the Administrator 

2 is alleged to have failed to perform any act or 

3 duty under this title that is not discretionary. 

4 (2) JURISDICTION.— 

5 (A) APPROPRIATE COURTS.— 

6 (i) VIOLATIONS AND ENDANGERMENT

7 CLAIMS.—An action brought under sub8 paragraph (A) or (B) of paragraph (1) 

9 shall be brought in the district court for 

10 the district in which the alleged violation 

11 or endangerment occurred. 

12 (ii) CLAIMS AGAINST THE ADMINIS13 TRATOR.—An action brought under para14 graph (1)(C) may be brought in— 

15 (I) the United States district 

16 court for the district in which the al17 leged violation occurred; or 

18 (II) the United States District 

19 Court for the District of Columbia. 

20 (B) AUTHORITY.—A district court de21 scribed in subparagraph (A) shall have jurisdic22 tion— 

23 (i) with respect to an action described 

24 in paragraph (1)(A), to enforce the stand25 ard, regulation, condition, requirement, 


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•S 4187 IS

1 prohibition, schedule, deadline, or order de2 scribed in that paragraph; 

3 (ii) with respect to an action described 

4 in paragraph (1)(B), to order a person de5 scribed in that paragraph— 

6 (I) to refrain from the use of the 

7 perfluoroalkyl or polyfluoroalkyl sub8 stance that may be contributing to the 

9 imminent and substantial 

10 endangerment; 

11 (II) to take any action as may be 

12 necessary to prevent the imminent 

13 and substantial endangerment de14 scribed in that paragraph; or 

15 (III) to carry out any combina16 tion of actions described in subclauses 

17 (I) and (II); 

18 (iii) with respect to an action de19 scribed in paragraph (1)(C), to order the 

20 Administrator to perform the act or duty 

21 referred to in that paragraph; and 

22 (iv) with respect to any action de23 scribed in paragraph (1), to apply any ap24 propriate civil remedy under this title. 

25 (b) ADDITIONAL REQUIREMENTS.— 


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•S 4187 IS

1 (1) ACTIONS FOR ENFORCEMENT OF REQUIRE2 MENTS.— 

3 (A) NOTICE OF VIOLATION.— 

4 (i) IN GENERAL.—No action may be 

5 brought under subsection (a)(1)(A) unless, 

6 not less than 60 days before the date on 

7 which the action is brought, notice of the 

8 violation of the standard, regulation, condi9 tion, requirement, prohibition, schedule, 

10 deadline, or order for which the action 

11 would be brought is provided to— 

12 (I) the Administrator; 

13 (II) the State in which the al14 leged violation occurred; and 

15 (III) except as provided in clause 

16 (ii), the alleged violator of the applica17 ble standard, regulation, condition, re18 quirement, prohibition, schedule, 

19 deadline, or order. 

20 (ii) EXCEPTION.—Notwithstanding 

21 clause (i)(III), an action may be brought 

22 under subsection (a)(1)(A) immediately 

23 after the notice described in that clause is 

24 provided to the alleged violator if the ac25 tion is for a violation of this title. 


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•S 4187 IS

1 (B) NO ACTION IF SUIT ONGOING.—No ac2 tion may be brought under subsection (a)(1)(A) 

3 if the Administrator or a State has commenced 

4 and is diligently prosecuting a civil or criminal 

5 action in a court of the United States or a 

6 State to require compliance with the standard, 

7 regulation, condition, requirement, prohibition, 

8 schedule, deadline, or order for which the action 

9 under subsection (a)(1)(A) would be brought. 

10 (C) INTERVENTION AS MATTER OF

11 RIGHT.—In an action under brought under sub12 section (a)(1)(A) in a court of the United 

13 States, any person may intervene as a matter 

14 of right. 

15 (2) ACTIONS FOR ENDANGERMENT.— 

16 (A) NOTICE OF ENDANGERMENT.—No ac17 tion may be brought under subsection (a)(1)(B) 

18 unless, not less than 90 days before the date on 

19 which the action is brought, notice of the immi20 nent and substantial endangerment to human 

21 health or the environment is provided to— 

22 (i) the Administrator; 

23 (ii) the State in which the 

24 endangerment may occur; and 


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•S 4187 IS

1 (iii) the person that is alleged to be 

2 contributing to the use of the 

3 perfluoroalkyl or polyfluoroalkyl substance 

4 causing the endangerment. 

5 (B) NO ACTION IF SUIT IS ONGOING.—No 

6 action may be commenced under subsection 

7 (a)(1)(B) if the Administrator, in order to re8 strain or abate acts or conditions that may have 

9 contributed or are contributing to the activities 

10 which may present the alleged endangerment, 

11 has commenced and is diligently acting on an 

12 authority provided under an applicable law. 

13 (C) INTERVENTION AS MATTER OF

14 RIGHT.—In an action under brought under sub15 section (a)(1)(B) in a court of the United 

16 States, any person may intervene as a matter 

17 of right. 

18 (D) NOTICE OF ACTION.—A person bring19 ing an action under subsection (a)(1)(B) in a 

20 court of the United States shall serve a copy of 

21 the complaint on— 

22 (i) the Attorney General; and 

23 (ii) the Administrator. 

24 (3) ACTIONS AGAINST THE ADMINISTRATOR.— 


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•S 4187 IS

1 (A) NOTICE TO ADMINISTRATOR.—No ac2 tion may be brought under subsection (a)(1)(C) 

3 unless, not less than 60 days before the date on 

4 which the action is brought, the person bringing 

5 the action has given notice to the Administrator 

6 of the intent to bring the action. 

7 (B) FORM.—The Administrator shall pre8 scribe the form in which the notice under sub9 paragraph (A) shall be provided. 

10 (c) COSTS.— 

11 (1) ATTORNEY AND EXPERT WITNESS FEES.— 

12 A court, in issuing any final order in an action 

13 brought pursuant to this section, may award the 

14 costs of litigation (including reasonable attorney and 

15 expert witness fees) to the prevailing or substantially 

16 prevailing party, as the court determines to be ap17 propriate. 

18 (2) BOND.—A court, in any action brought pur19 suant to this section in which a temporary restrain20 ing order or preliminary injunction is sought, may 

21 require the filing of a bond or equivalent security in 

22 accordance with the Federal Rules of Civil Proce23 dure. 


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1 SEC. 109. IMMINENT HAZARD. 

2 (a) AUTHORITY OF THE ADMINISTRATOR.—Notwith3 standing any other provision of this title or an amendment 

4 made by this title, on receipt of evidence that the use of 

5 any perfluoroalkyl or polyfluoroalkyl substance presents 

6 an imminent and unreasonable risk of serious or wide7 spread injury to public health or environment, without 

8 consideration of costs or other nonrisk factors, the Admin9 istrator may issue an order to or bring suit against any 

10 manufacturer or user subject to the requirements of this 

11 title or an amendment made by this title that is deter12 mined by the Administrator to be causing the imminent 

13 and unreasonable risk— 

14 (1) to restrain that manufacturer or user from 

15 that use; 

16 (2) to order that manufacturer or user to take 

17 such other action as may be necessary; or 

18 (3) for the purposes described in paragraphs 

19 (1) and (2). 

20 (b) VIOLATIONS.—A manufacturer or user who will21 fully violates, or fails or refuses to comply with, any order 

22 of the Administrator under subsection (a) may, in an ac23 tion brought in the appropriate United States district 

24 court to enforce that order, be fined in an amount that 

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1 efit of noncompliance for each day in which the violation 

2 occurs or the failure to comply continues. 

3 (c) IMMEDIATE NOTICE.—On receipt of information 

4 that there is a perfluoroalkyl or polyfluoroalkyl substance 

5 that presents an imminent and substantial endangerment 

6 to human health or the environment, the Administrator 

7 shall require the violating manufacturer or user, at cost 

8 to the violating manufacturer or user— 

9 (1) to provide immediate and public notice, 

10 within an estimated radius of impact as determined 

11 appropriate by the Administrator, to— 

12 (A) the appropriate local government agen13 cies and public services, including impacted util14 ities, including drinking water treatment plants, 

15 and public health, law enforcement, and envi16 ronmental protection officials; and 

17 (B) the community in which the 

18 endangerment is occurring, including publicly 

19 accessible areas of community congregation, in20 cluding community recreation and health cen21 ters, public libraries, public schools, government 

22 offices, online message boards, listservs, and so23 cial media used by members of that community, 

24 and not-for-profit community services; 

25 (2) to require— 


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•S 4187 IS

1 (A) immediate and public notice to im2 pacted members of the community that is pro3 vided across communication media and is easily 

4 accessible; and 

5 (B) public meetings, in partnership with 

6 the Administrator and local authorities and 

7 leaders, for direct community engagement to 

8 provide health, safety, and additional informa9 tion to the community and to field questions 

10 and concerns; and 

11 (3) to provide regular updates with respect to 

12 the endangerment in accordance with the methods 

13 described in paragraphs (1) and (2). 

14 SEC. 110. APPLICATION OF FEDERAL, STATE, AND LOCAL 

15 LAW TO FEDERAL AGENCIES. 

16 (a) DEFINITIONS.—In this section: 

17 (1) COVERED AGENCY.—The term ‘‘covered 

18 agency’’ means a department, agency, or instrumen19 tality of the executive, legislative, or judicial branch 

20 of the Federal Government that— 

21 (A) has jurisdiction over a facility that 

22 manufactures a perfluoroalkyl or polyfluoroalkyl 

23 substance; or 

24 (B) is engaged in any activity that results, 

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1 lease of a perfluoroalkyl or polyfluoroalkyl sub2 stance into the environment. 

3 (2) REASONABLE SERVICE CHARGE.—The term 

4 ‘‘reasonable service charge’’, with respect to a re5 quirement under Federal, State, interstate, or local 

6 law, includes— 

7 (A) fees or charges assessed in connection 

8 with enforcement, compliance, and investigation 

9 activities with respect to that requirement; and 

10 (B) any other nondiscriminatory charge 

11 that is assessed in connection with a Federal, 

12 State, interstate, or local perfluoroalkyl or 

13 polyfluoroalkyl regulatory program. 

14 (b) APPLICABILITY OF LAWS.— 

15 (1) IN GENERAL.—Each covered agency shall 

16 be subject to, and comply with, all Federal, State, 

17 interstate, and local laws regulating perfluoroalkyl or 

18 polyfluoroalkyl substances, including substantive and 

19 procedural requirements, in the same manner and to 

20 the same extent as any person that is subject to 

21 those requirements, including any requirements for 

22 the payment of reasonable service charges. 

23 (2) INCLUSIONS.—The Federal, State, inter24 state, and local requirements, including substantive 


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•S 4187 IS

1 and procedural requirements, described in paragraph 

2 (1) include— 

3 (A) an administrative order; and 

4 (B) a civil or administrative penalty or 

5 fine, regardless of whether that penalty or fine 

6 is— 

7 (i) punitive or coercive in nature; or 

8 (ii) imposed for isolated, intermittent, 

9 or continuing violations. 

10 (c) WAIVER OF IMMUNITY.— 

11 (1) IN GENERAL.—The United States expressly 

12 waives any immunity otherwise applicable to the 

13 United States with respect to a Federal, State, 

14 interstate, or local requirement described in sub15 section (b)(1), including any immunity with respect 

16 to injunctive relief, an administrative order, or a 

17 civil or administrative penalty or fine described in 

18 subsection (b)(2)(B). 

19 (2) NO EXEMPTION.—Neither the United 

20 States nor an agent, employee, or officer of the 

21 United States shall be immune or exempt from any 

22 process or sanction of any Federal or State court 

23 with respect to the enforcement of any injunctive re24 lief described in paragraph (1). 


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1 (3) NO PERSONAL LIABILITY.—No agent, em2 ployee, or officer of the United States shall be per3 sonally liable for any civil penalty under any Fed4 eral, State, interstate, or local law regulating 

5 perfluoroalkyl or polyfluoroalkyl substances with re6 spect to any act or omissions that is within the 

7 scope of the official duties of the agent, employee, or 

8 officer. 

9 (4) CRIMINAL LIABILITY.—An agent, employee, 

10 or officer of the United States shall be subject to 

11 any criminal sanction (including fine or imprison12 ment) under any Federal or State law regulating 

13 perfluoroalkyl or polyfluoroalkyl substances, but no 

14 department, agency, or instrumentality of the Fed15 eral Government shall be subject to such a criminal 

16 sanction. 

17 (d) EXEMPTION.— 

18 (1) IN GENERAL.—Subject to paragraph (4), 

19 the President may exempt, in direct consultation 

20 with the Administrator, any department, agency, or 

21 instrumentality of the executive branch of the Fed22 eral Government from compliance with a require23 ment under a Federal, State, interstate, or local law 

24 regulating perfluoroalkyl or polyfluoroalkyl sub25 stances if the President determines that the exempVerDate Sep 11 2014 22:20 May 10, 2024 Jkt 049200 PO 00000 Frm 00068 Fmt 6652 Sfmt 6201 E:\BILLS\S4187.IS S4187

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1 tion is in the paramount interest of the United 

2 States. 

3 (2) REQUIREMENTS.— 

4 (A) TERM.—An exemption under para5 graph (1) shall be for a period of not to exceed 

6 1 year. 

7 (B) RENEWAL.—The President may, in ac8 cordance with paragraph (1), renew an exemp9 tion under that paragraph for a period not to 

10 exceed 1 year for each renewal. 

11 (C) REPORT TO CONGRESS.—Not later 

12 than January 31 of each year, the President 

13 shall submit to Congress a report that describes 

14 all exemptions granted under paragraph (1) 

15 during the previous calendar year, including a 

16 description of the reason for each exemption. 

17 (3) PUBLIC NOTICE OF EXEMPTION.— 

18 (A) IN GENERAL.—Subject to subpara19 graph (B), the President, the Administrator, 

20 and the head of the department, agency, or in21 strumentality subject to an exemption under 

22 paragraph (1) shall immediately make public 

23 the exemption, including any renewal of an ex24 emption under paragraph (2)(B). 


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1 (B) WAIVER OF PUBLIC NOTICE REQUIRE2 MENT.—The President, in consultation with the 

3 Administrator, may waive the requirement 

4 under subparagraph (A) if the President, in 

5 consultation with the Administrator, determines 

6 that the waiver is in the paramount interest of 

7 national security. 

8 (4) NO EXEMPTION FOR LACK OF APPROPRIA9 TIONS.—The President may not grant an exemption 

10 under paragraph (1) due to a lack of appropriation 

11 of amounts to comply with a requirement described 

12 in that paragraph. 

13 SEC. 111. JUDICIAL REVIEW. 

14 (a) REVIEW OF FINAL REGULATIONS AND CERTAIN

15 PETITIONS.— 

16 (1) IN GENERAL.—Subject to paragraphs (2) 

17 and (3), any judicial review of a final regulation pro18 mulgated pursuant to this title or an amendment 

19 made by this title or a denial by the Administrator 

20 for a petition for the promulgation, amendment, or 

21 repeal of a regulation under this title or an amend22 ment made by this title shall be in accordance with 

23 this title and any amendments made by this title. 

24 (2) LIMITATIONS ON BRINGING CLAIMS.— 


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1 (A) IN GENERAL.—A petition for the judi2 cial review of an action of the Administrator in 

3 promulgating any regulation or requirement 

4 under this title or an amendment made by this 

5 title, or the denial of any petition for the pro6 mulgation, amendment, or repeal of a regula7 tion under this title or an amendment made by 

8 this title, may only be brought— 

9 (i) in the United States Court of Ap10 peals for the District of Columbia; and 

11 (ii) subject to subparagraph (B), not 

12 later than 90 days after the date on which 

13 the promulgation or denial occurred. 

14 (B) EXCEPTION.—A petition described in 

15 subparagraph (A) may be brought after the 90- 

16 day period described in clause (ii) of that sub17 paragraph if the petition is based solely on 

18 grounds that arose after the end of that 90-day 

19 period. 

20 (C) NO REVIEW.—An action of the Admin21 istrator with respect to which review could have 

22 been obtained under this subsection within the 

23 90-day period described in subparagraph 

24 (A)(ii), but was not, shall not be subject to ju25 dicial review in any civil or criminal proceeding 


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•S 4187 IS

1 for enforcement of this title or an amendment 

2 made by this title. 

3 (3) PROCEEDINGS FOR ACTIONS FOR WHICH

4 NOTICE AND COMMENT IS REQUIRED.— 

5 (A) IN GENERAL.—With respect to a peti6 tion for the judicial review of a determination 

7 for which this title or an amendment made by 

8 this title requires notice and opportunity for 

9 hearing, if the party seeking the judicial review 

10 applies to the court for leave to adduce addi11 tional evidence, and demonstrates to the satis12 faction of the court that the evidence is mate13 rial and that there were reasonable grounds for 

14 the failure to adduce that evidence in the pro15 ceeding before the Administrator, the court may 

16 order that— 

17 (i) additional evidence (and any rebut18 tal evidence) be taken before the Adminis19 trator; and 

20 (ii) the Administrator adduce that evi21 dence in the hearing in such a manner and 

22 on such terms and conditions as the court 

23 determines to be appropriate. 


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1 (B) REVISION.—Based on any evidence ad2 duced pursuant to subparagraph (A)(ii), the 

3 Administrator— 

4 (i) may— 

5 (I) modify the findings of the Ad6 ministrator as to the facts; or 

7 (II) make new findings; and 

8 (ii) if applicable, shall file with the 

9 court— 

10 (I) any modified or new findings 

11 made; and 

12 (II) the recommendation of the 

13 Administrator, if any, regarding 

14 whether to modify or set aside the de15 termination of the Administrator 

16 being reviewed. 

17 (C) RETURN OF EVIDENCE.—On filing the 

18 findings and recommendations required under 

19 subparagraph (B)(ii), the Administrator shall 

20 return any additional evidence that had been 

21 adduced. 

22 (b) REVIEW OF OTHER ACTIONS.— 

23 (1) IN GENERAL.—Any interested person may, 

24 in the court of appeals of the United States for the 

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1 acts business, apply for review of the actions of the 

2 Administrator in carrying out any mandatory duties 

3 required under this title or an amendment made by 

4 this title. 

5 (2) TIME LIMITATIONS.— 

6 (A) IN GENERAL.—Subject to subpara7 graph (B), an application for review under 

8 paragraph (1) shall be made not later than 90 

9 days after the date of the applicable issuance, 

10 denial, modification, revocation, grant, or with11 drawal. 

12 (B) EXCEPTION.—An application for re13 view under paragraph (1) may be made after 

14 the date described in subparagraph (A) only if 

15 the application is based solely on grounds that 

16 arose after the end of the 90-day period de17 scribed in that subparagraph. 

18 (3) NO LATER REVIEW.—An action of the Ad19 ministrator with respect to which review could have 

20 been obtained under paragraph (1) within the 90- 

21 day period described in paragraph (2)(B), but was 

22 not, shall not be subject to judicial review in any 

23 civil or criminal proceeding for enforcement of this 

24 title or an amendment made by this title. 


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1 (4) REQUIREMENT.—A review under paragraph 

2 (1) shall be carried out in accordance with chapter 

3 7 of title 5, United States Code. 

4 (c) STATUTORY OR COMMON LAW RIGHTS NOT RE5 STRICTED.—Nothing in this title or an amendment made 

6 by this title restricts any right that a person or class of 

7 persons may have under statutory or common law to seek 

8 enforcement of this title or an amendment made by this 

9 title or to seek any other relief (including relief against 

10 the Administrator or a State agency). 

11 (d) NONRESTRICTION OF OTHER RIGHTS.—Nothing 

12 in this title or an amendment made by this title or in any 

13 other law of the United States prohibits, excludes, or re14 stricts any State, local, or interstate authority from bring15 ing any enforcement action or obtaining any judicial rem16 edy or sanction in any State or local court with respect 

17 to the manufacture or release of perfluoroalkyl or 

18 polyfluoroalkyl substances. 

19 SEC. 112. REGULATORY AUTHORITY. 

20 (a) GENERAL AUTHORITY.—The Administrator may 

21 promulgate such regulations as are necessary to carry out 

22 this title and the amendments made by this title consistent 

23 with the policy described in section 103(a). 

24 (b) REQUIREMENT.—In carrying out any rulemaking 

25 under this title or an amendment made by this title that 


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1 requires a period of notice and opportunity for public com2 ment, that rulemaking shall be carried out in accordance 

3 with section 553 of title 5, United States Code. 

4 SEC. 113. FUNDING. 

5 (a) AUTHORIZATION OF APPROPRIATIONS.—There 

6 are authorized to be appropriated to the Administrator 

7 such sums as may be necessary to carry out this title and 

8 the amendments made by this title, except for section 

9 101(i), for each of fiscal years 2024 through 2033. 

10 (b) FEE COLLECTION.— 

11 (1) DEFINITIONS.—In this subsection: 

12 (A) PETITION FEE.—The term ‘‘petition 

13 fee’’ means the fee established by the Adminis14 trator under paragraph (2)(B)(i)(II) to submit 

15 a petition to designate a use of a perfluoroalkyl 

16 substance as a nonessential use or an essential 

17 use under section 102(c). 

18 (B) SMALL MANUFACTURER.—The term 

19 ‘‘small manufacturer’’ has the meaning given 

20 the term in section 704.3 of title 40, Code of 

21 Federal Regulations (or successor regulations). 

22 (C) SUPPLEMENTAL REPORT FEE.—The 

23 term ‘‘supplemental report fee’’ means the fee 

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1 port under subparagraph (B) of section 8(a)(7) 

2 of the Toxic Substances Control Act (15 U.S.C. 

3 2607(a)(7)). 

4 (2) ESTABLISHMENT OF FEES.— 

5 (A) WORKLOAD ASSESSMENT ANALYSIS.— 

6 Not later than 180 days after the date of enact7 ment of this Act, the Administrator shall com8 plete a workload assessment analysis with re9 spect to the costs expected on the Adminis10 trator to carry out this title and the amend11 ments made by this title, which may include an 

12 examination of the impacts of a reduced fee for 

13 small manufacturers under subparagraph (C). 

14 (B) RULEMAKING.— 

15 (i) IN GENERAL.—Not later than 1 

16 year after the date on which the Adminis17 trator completes the workload assessment 

18 analysis under subparagraph (A), and 

19 using that workload assessment analysis, 

20 the Administrator shall complete a public 

21 and transparent rulemaking to establish 

22 the requirements and fees necessary to 

23 submit— 

24 (I) the supplemental reports 

25 under subparagraph (B) of section 


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1 8(a)(7) of the Toxic Substances Con2 trol Act (15 U.S.C. 2607(a)(7)), in3 cluding any necessary requirements 

4 for supplemental reports under that 

5 subparagraph; and 

6 (II) a petition to designate a use 

7 of a perfluoroalkyl or polyfluoroalkyl 

8 substance as a nonessential use or an 

9 essential use under section 102(c), 

10 which shall include— 

11 (aa) a separate fee for each 

12 use for which a designation is re13 quested in the petition; and 

14 (bb) any necessary require15 ments for the petition process 

16 under that section. 

17 (ii) PUBLIC REVIEW AND COMMENT.— 

18 The 1-year period described in clause (i) 

19 shall include not less than 90 days for pub20 lic review and comment on the proposed 

21 rulemaking under that clause. 

22 (iii) FACTORS.—In determining the 

23 amount of the supplemental report fee and 

24 the petition fee in the rulemaking required 

25 under clause (i), the Administrator— 


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1 (I) shall consider— 

2 (aa) usage of perfluoroalkyl 

3 or polyfluoroalkyl substances; 

4 (bb) the volume of used 

5 perfluoroalkyl or polyfluoroalkyl 

6 substances; and 

7 (cc) the known toxicological 

8 risks of individual perfluoroalkyl 

9 or polyfluoroalkyl substances, 

10 mixtures of perfluoroalkyl or 

11 polyfluoroalkyl substances, and 

12 subclasses of perfluoroalkyl or 

13 polyfluoroalkyl substances, as de14 termined by sources of informa15 tion determined relevant by the 

16 Administrator, including the Na17 tional PFAS Testing Strategy 

18 and the Computational Toxi19 cology Chemicals Dashboard of 

20 the Environmental Protection 

21 Agency; and 

22 (II) may consider the expected 

23 total annual costs of administering 

24 the non-discretionary provisions of 

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1 essing, reviewing, providing access to, 

2 and protecting from disclosure con3 fidential business information that is 

4 subject to section 14 of the Toxic 

5 Substances Control Act (15 U.S.C. 

6 2613). 

7 (C) SMALL MANUFACTURERS.—The Ad8 ministrator may, in the rulemaking required 

9 under subparagraph (B)(i), reduce the supple10 mental report fee and the petition fee for small 

11 manufacturers. 

12 (D) TIMELINE; REQUIRED MINIMUM

13 FEES.— 

14 (i) IN GENERAL.—The Administrator 

15 shall finalize the amount of the supple16 mental report fee and the petition fee, in17 cluding any reduced fees for small manu18 facturers under subparagraph (C), by the 

19 date that is not later than 2 years after 

20 the date of enactment of this Act. 

21 (ii) REQUIRED FEE.—If the Adminis22 trator fails to finalize the amount of the 

23 supplemental report fee and the petition 

24 fee within the 2-year period described in 

25 clause (i)— 


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1 (I) the amount of the supple2 mental report fee shall be $100,000 

3 for each supplemental report sub4 mitted under subparagraph (B) of 

5 section 8(a)(7) of the Toxic Sub6 stances Control Act (15 U.S.C. 

7 2607(a)(7)), which may be lower for 

8 small manufacturers as determined by 

9 the Administrator; and 

10 (II) the amount of the petition 

11 fee shall be $100,000 for each petition 

12 submitted under section 102(c), which 

13 may be lower for small manufacturers 

14 as determined by the Administrator. 

15 (iii) FINALIZATION OF AMOUNTS.— 

16 Nothing in this subparagraph requires the 

17 Administrator to use the minimum fee 

18 amounts imposed by clause (ii) after com19 pletion of the rulemaking process required 

20 under subparagraph (B), even if that rule21 making process is not completed within the 

22 2-year period described in clause (i). 

23 (3) ADJUSTMENT OF FEE AMOUNTS.— 

24 (A) ADJUSTMENT FOR INFLATION.— 


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1 (i) IN GENERAL.—On the date that is 

2 3 years after the date on which the Admin3 istrator establishes the amount of the sup4 plemental report fee and the petition fee, 

5 and every 3 years thereafter, the Adminis6 trator shall adjust the amount of the sup7 plemental report fee and the petition fee to 

8 reflect changes for the 36-month period 

9 ending the preceding November 30 in the 

10 Consumer Price Index for All Urban Con11 sumers published by the Bureau of Labor 

12 Statistic of the Department of Labor. 

13 (ii) ADJUSTMENT OF MANDATORY

14 MINIMUMS.—If the minimum fee amounts 

15 under paragraph (2)(D)(ii) are in effect, 

16 clause (i) shall be applied by substituting 

17 ‘‘the date on which the Administrator es18 tablishes the amount of the supplemental 

19 report fee and the petition fee’’ for ‘‘the 

20 date on which minimum fee amounts under 

21 paragraph (2)(D)(ii) come into effect’’ 

22 until such time as the Administrator com23 pletes the rulemaking process required 

24 under paragraph (2)(B). 


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1 (B) ADDITIONAL ADJUSTMENT.—In addi2 tion to the adjustment required under subpara3 graph (A), the Administrator may, after a pe4 riod of notice and opportunity for public com5 ment, further adjust the amount of the supple6 mental report fee and the petition fee. 

7 (4) WAIVER OF FEES.—The Administrator shall 

8 waive the petition fee for any petition from a Fed9 eral agency or a State agency to designate a use of 

10 a perfluoroalkyl substance as a nonessential use or 

11 an essential use under section 102(c). 

12 (5) FUNDS.— 

13 (A) PFAS REPORT ASSESSMENT FUND.— 

14 (i) ESTABLISHMENT.—There is estab15 lished in the Treasury a fund, to be known 

16 as the ‘‘PFAS Report Assessment Fund’’, 

17 to be administered by the Administrator. 

18 (ii) DEPOSITS.—Each fiscal year, the 

19 Secretary of the Treasury shall deposit 

20 into the PFAS Report Assessment Fund 

21 an amount equal to all supplemental report 

22 fees collected during the previous fiscal 

23 year. 

24 (iii) CONTENTS.—The PFAS Report 

25 Assessment Fund shall consist of— 


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1 (I) amounts deposited by the 

2 Secretary of the Treasury under 

3 clause (ii); and 

4 (II) any appropriations made by 

5 Congress. 

6 (iv) USE OF FUNDS.—Amounts in the 

7 PFAS Report Assessment Fund may be 

8 used, without further appropriation, to 

9 carry out subparagraph (B) of section 

10 8(a)(7) of the Toxic Substances Control 

11 Act (15 U.S.C. 2607(a)(7)). 

12 (B) PFAS PETITION ASSESSMENT

13 FUND.— 

14 (i) ESTABLISHMENT.—There is estab15 lished in the Treasury a fund, to be known 

16 as the ‘‘PFAS Petition Assessment Fund’’, 

17 to be administered by the Administrator. 

18 (ii) DEPOSITS.—Each fiscal year, the 

19 Secretary of the Treasury shall deposit 

20 into the PFAS Petition Assessment Fund 

21 an amount equal to all petition fees col22 lected during the previous fiscal year. 

23 (iii) CONTENTS.—The PFAS Petition 

24 Assessment Fund shall consist of— 


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1 (I) amounts deposited by the 

2 Secretary of the Treasury under 

3 clause (ii); and 

4 (II) any appropriations made by 

5 Congress. 

6 (iv) USE OF FUNDS.—Amounts in the 

7 PFAS Petition Assessment Fund may be 

8 used, without further appropriation, to 

9 carry out section 102(c). 

10 (C) INTERFUND TRANSFERS.—The Admin11 istrator may, at the discretion of the Adminis12 trator and without further appropriation, trans13 fer amounts between the PFAS Report Assess14 ment Fund and the PFAS Petition Assessment 

15 Fund. 

16 (6) TERMINATION OF FEES.—The Adminis17 trator may terminate collection of the supplemental 

18 report fee and the petition fee only after the Admin19 istrator determines, using a rulemaking with a pub20 lic comment period of not less than 90 days, a 

21 science-based reason that the fee program is no 

22 longer necessary. 

23 SEC. 114. SEVERABILITY. 

24 If any provision of this title, an amendment made by 

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1 ment to any person or circumstance is held to be unconsti2 tutional, the remainder of this title and the amendments 

3 made by this title, and the application of the provision or 

4 amendment to any other person or circumstance, shall not 

5 be affected. 

6 SEC. 115. RETENTION OF STATE AUTHORITY. 

7 (a) GENERAL POLICY.— 

8 (1) IN GENERAL.—Except as provided in para9 graph (2), beginning on the effective date of the reg10 ulations to carry out this title or an amendment 

11 made by this title, no State or political subdivision 

12 of a State may impose any requirement that is less 

13 stringent than the requirements under this title (in14 cluding regulations) or an amendment made by this 

15 title with respect to the same matters that are regu16 lated under this title (including regulations) or 

17 amendment. 

18 (2) EXCEPTION.—If the application of any re19 quirement under this title (including regulations) or 

20 an amendment made by this title is postponed or en21 joined by action of a court, a State or political sub22 division of a State may impose requirements de23 scribed in paragraph (1) until such time as the re24 quirements under this title (including amendments 

25 made by this title) take effect. 


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1 (b) SAVINGS PROVISION.—Nothing in this title or an 

2 amendment made by this title prohibits a State or political 

3 subdivision of a State from imposing requirements that 

4 are more stringent than those imposed by this title (in5 cluding regulations) or an amendment made by this title. 

6 TITLE II—OTHER MATTERS 

7 WITH RESPECT TO 

8 PERFLUOROALKYL OR 

9 POLYFLUOROALKYL SUB10 STANCES 

11 SEC. 201. CENTERS OF EXCELLENCE FOR ASSESSING 

12 PERFLUOROALKYL AND POLYFLUOROALKYL 

13 SUBSTANCES IN WATER SOURCES AND 

14 PERFLUOROALKYL AND POLYFLUOROALKYL 

15 SUBSTANCE REMEDIATION SOLUTIONS. 

16 (a) PURPOSE.—The purpose of this section is to dedi17 cate resources to advancing, and expanding access to, 

18 perfluoroalkyl or polyfluoroalkyl substance detection and 

19 remediation science, research, and technologies through 

20 Centers of Excellence for Assessing Perfluoroalkyl and 

21 Polyfluoroalkyl Substances in Water Sources and 

22 Perfluoroalkyl and Polyfluoroalkyl Substance Remediation 

23 Solutions. 

24 (b) DEFINITIONS.—In this section: 


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1 (1) APPROPRIATE COMMITTEES OF CON2 GRESS.—The term ‘‘appropriate committees of Con3 gress’’ means— 

4 (A) the congressional defense committees 

5 (as defined in section 101(a) of title 10, United 

6 States Code); 

7 (B) the Committee on Environment and 

8 Public Works, the Committee on Energy and 

9 Natural Resources, and the Committee on Vet10 erans’ Affairs of the Senate; and 

11 (C) the Committee on Energy and Com12 merce, the Committee on Natural Resources, 

13 the Committee on Science, Space, and Tech14 nology, and the Committee on Veterans’ Affairs 

15 of the House of Representatives. 

16 (2) CENTER.—The term ‘‘Center’’ means the 

17 Center of Excellence for Assessing Perfluoroalkyl 

18 and Polyfluoroalkyl Substances in Water Sources 

19 and Perfluoroalkyl and Polyfluoroalkyl Substance 

20 Remediation Solutions established under subsection 

21 (c)(1)(A). 

22 (3) CENTERS.—The term ‘‘Centers’’ means— 

23 (A) the Center; and 

24 (B) the Rural Center. 


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1 (4) ELIGIBLE RESEARCH UNIVERSITY.—The 

2 term ‘‘eligible research university’’ means an institu3 tion of higher education (as defined in section 

4 101(a) of the Higher Education Act of 1965 (20 

5 U.S.C. 1001(a))) that— 

6 (A) has annual research expenditures of 

7 not less than $750,000,000; and 

8 (B) is located near a population center of 

9 not fewer than 5,000,000 individuals. 

10 (5) ELIGIBLE RURAL UNIVERSITY.—The term 

11 ‘‘eligible rural university’’ means an institution of 

12 higher education that— 

13 (A) is located in a State described in sec14 tion 1703(d)(1)(C)(iii)(I) of title 38, United 

15 States Code; and 

16 (B) is a member of the National Security 

17 Innovation Network in the Rocky Mountain Re18 gion. 

19 (6) EPA METHOD 533.—The term ‘‘EPA Meth20 od 533’’ means the method described in the docu21 ment of the Environmental Protection Agency enti22 tled ‘‘Method 533: Determination of Per- and 

23 Polyfluoroalkyl Substances in Drinking Water by 

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1 traction and Liquid Chromatography/Tandem mass 

2 Spectrometry’’ (or a successor document). 

3 (7) EPA METHOD 537.1.—The term ‘‘EPA 

4 Method 537.1’’ means the method described in the 

5 document of the Environmental Protection Agency 

6 entitled ‘‘Determination of Selected Per- and 

7 Polyfluorinated Alkyl Substances in Drinking Water 

8 by Solid Phase Extraction and Liquid Chroma9 tography/Tandem Mass Spectrometry (LC/MS/MS)’’ 

10 (or a successor document). 

11 (8) NATIONAL LABORATORY.—The term ‘‘Na12 tional Laboratory’’ has the meaning given the term 

13 in section 2 of the Energy Policy Act of 2005 (42 

14 U.S.C. 15801). 

15 (9) RURAL CENTER.—The term ‘‘Rural Center’’ 

16 means the Rural Center of Excellence for Assessing 

17 Perfluoroalkyl and Polyfluoroalkyl Substances in 

18 Water Sources and Perfluoroalkyl and 

19 Polyfluoroalkyl Substance Remediation Solutions es20 tablished under subsection (c)(1)(B). 

21 (c) ESTABLISHMENT.— 

22 (1) IN GENERAL.—The Administrator shall— 

23 (A)(i) select from among the applications 

24 submitted under paragraph (2)(A) an eligible 

25 research university and a National Laboratory 


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1 applying jointly for the establishment of a cen2 ter, to be known as the ‘‘Center of Excellence 

3 for Assessing Perfluoroalkyl and Polyfluoroalkyl 

4 Substances in Water Sources and 

5 Perfluoroalkyl and Polyfluoroalkyl Substance 

6 Remediation Solutions’’, which shall be a bi-in7 stitutional collaboration between the eligible re8 search university and National Laboratory co9 applicants; and 

10 (ii) guide and assist the eligible research 

11 university and National Laboratory in the es12 tablishment of that center; and 

13 (B)(i) select from among the applications 

14 submitted under paragraph (2)(B) an eligible 

15 rural university for the establishment of an ad16 ditional center, to be known as the ‘‘Rural Cen17 ter of Excellence for Assessing Perfluoroalkyl 

18 and Polyfluoroalkyl Substances in Water 

19 Sources and Perfluoroalkyl and Polyfluoroalkyl 

20 Substance Remediation Solutions’’; and 

21 (ii) guide and assist the eligible rural uni22 versity in the establishment of that center. 

23 (2) APPLICATIONS.— 

24 (A) CENTER.— 


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1 (i) IN GENERAL.—An eligible research 

2 university and National Laboratory desir3 ing to establish the Center shall jointly 

4 submit to the Administrator an application 

5 at such time, in such manner, and con6 taining such information as the Adminis7 trator may require. 

8 (ii) CRITERIA.—In evaluating applica9 tions submitted under clause (i), the Ad10 ministrator shall only consider applications 

11 that— 

12 (I) include evidence of an existing 

13 partnership between the co-applicants 

14 that is dedicated to supporting and 

15 expanding shared scientific goals with 

16 a clear pathway to collaborating on 

17 furthering science and research relat18 ing to perfluoroalkyl or polyfluoroalkyl 

19 substances; 

20 (II) demonstrate a history of col21 laboration between the co-applicants 

22 on the advancement of shared re23 search capabilities, including instru24 mentation and research infrastructure 


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1 relating to perfluoroalkyl or 

2 polyfluoroalkyl substances; 

3 (III) indicate that the co-appli4 cants have the capacity to expand 

5 education and research opportunities 

6 for undergraduate and graduate stu7 dents to prepare a generation of ex8 perts in sciences relating to 

9 perfluoroalkyl or polyfluoroalkyl sub10 stances; 

11 (IV) demonstrate that the Na12 tional Laboratory co-applicant is 

13 equipped to scale up newly discovered 

14 materials and methods for 

15 perfluoroalkyl or polyfluoroalkyl sub16 stance detection and perfluoroalkyl or 

17 polyfluoroalkyl substance removal 

18 processes for low-risk, cost-effective, 

19 and validated commercialization; and 

20 (V) identify 1 or more staff mem21 bers of the eligible research university 

22 co-applicant and 1 or more staff mem23 bers of the National Laboratory co24 applicant who— 


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1 (aa) have expertise in 

2 sciences relevant to perfluoroalkyl 

3 or polyfluoroalkyl substance de4 tection and remediation; and 

5 (bb) have been jointly se6 lected, and will be jointly ap7 pointed, by the co-applicants to 

8 lead, and carry out the purposes 

9 of, the Center. 

10 (B) RURAL CENTER.—An eligible rural 

11 university desiring to establish the Rural Center 

12 shall submit to the Administrator an applica13 tion at such time, in such manner, and con14 taining such information as the Administrator 

15 may require. 

16 (3) TIMING.— 

17 (A) IN GENERAL.—Subject to subpara18 graph (B), the Centers shall be established not 

19 later than 1 year after the date of enactment of 

20 this Act. 

21 (B) DELAY.—If the Administrator deter22 mines that a delay in the establishment of 1 or 

23 both of the Centers is necessary, the Adminis24 trator— 


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1 (i) not later than the date described in 

2 subparagraph (A), shall submit a notifica3 tion to the appropriate committees of Con4 gress explaining the necessity of the delay; 

5 and 

6 (ii) shall ensure that the 1 or more 

7 Centers for which a delay is necessary are 

8 established not later than 3 years after the 

9 date of enactment of this Act. 

10 (4) REQUIREMENT.—The Administrator shall 

11 carry out subparagraphs (A) and (B) of paragraph 

12 (1)— 

13 (A) in coordination with the Secretary of 

14 Energy, as the Administrator determines to be 

15 appropriate; and 

16 (B) in consultation with the Strategic En17 vironmental Research and Development Pro18 gram and the Environmental Security Tech19 nology Certification Program of the Depart20 ment of Defense. 

21 (d) DUTIES AND CAPABILITIES OF THE CENTERS.— 

22 (1) IN GENERAL.—The Centers shall develop 

23 and maintain— 

24 (A) capabilities for measuring, using meth25 ods certified by the Environmental Protection 


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1 Agency, perfluoroalkyl or polyfluoroalkyl sub2 stance contamination in drinking water, ground 

3 water, and any other relevant environmental, 

4 municipal, industrial, or residential water sam5 ples; and 

6 (B) capabilities for— 

7 (i) evaluating emerging perfluoroalkyl 

8 or polyfluoroalkyl substance removal and 

9 destruction technologies and methods; and 

10 (ii) benchmarking those technologies 

11 and methods relative to existing tech12 nologies and methods. 

13 (2) REQUIREMENTS.— 

14 (A) IN GENERAL.—In carrying out para15 graph (1), the Centers shall, at a minimum— 

16 (i) develop instruments and personnel 

17 capable of analyzing perfluoroalkyl or 

18 polyfluoroalkyl substance contamination in 

19 water using EPA method 533, EPA meth20 od 537.1, any future method or updated 

21 method, or any other relevant method for 

22 detecting perfluoroalkyl or polyfluoroalkyl 

23 substances in water; 

24 (ii) develop and maintain capabilities 

25 for evaluating the removal of perfluoroalkyl 


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1 or polyfluoroalkyl substances from water 

2 using newly developed adsorbents or mem3 branes; 

4 (iii) develop and maintain capabilities 

5 to evaluate the degradation of 

6 perfluoroalkyl or polyfluoroalkyl substances 

7 in water or other media; 

8 (iv) make the capabilities and instru9 ments developed under clauses (i) through 

10 (iii) available to researchers throughout the 

11 regions in which the Centers are located; 

12 and 

13 (v) make reliable perfluoroalkyl or 

14 polyfluoroalkyl substance measurement ca15 pabilities and instruments available to mu16 nicipalities and individuals in the region in 

17 which the Centers are located at reason18 able cost. 

19 (B) OPEN-ACCESS RESEARCH.—The Cen20 ters shall provide open access to the research 

21 findings of the Centers. 

22 (e) COORDINATION WITH OTHER FEDERAL AGEN23 CIES.—The Administrator may, as the Administrator de24 termines to be necessary, use staff and other resources 

25 from other Federal agencies in carrying out this section. 


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1 (f) REPORTS.— 

2 (1) REPORT ON ESTABLISHMENT OF CEN3 TER.—With respect to each of the Center and the 

4 Rural Center, not later than 1 year after the date 

5 on which the center is established under subsection 

6 (c), the Administrator, in coordination with that cen7 ter, shall submit to the appropriate committees of 

8 Congress a report describing— 

9 (A) the establishment of that center; and 

10 (B) the activities of that center since the 

11 date on which that center was established. 

12 (2) ANNUAL REPORTS.—With respect to each 

13 of the Center and the Rural Center, not later than 

14 1 year after the date on which the report under 

15 paragraph (1) for that center is submitted, and an16 nually thereafter until the date on which that center 

17 is terminated under subsection (g), the Adminis18 trator, in coordination with that center, shall submit 

19 to the appropriate committees of Congress a report 

20 describing— 

21 (A) the activities of that center during the 

22 year covered by the report; and 

23 (B) any policy, research, or funding rec24 ommendations relating to the purposes or ac25 tivities of that center. 


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1 (g) TERMINATION.— 

2 (1) IN GENERAL.—Subject to paragraph (2), 

3 the Centers shall terminate on October 1, 2033. 

4 (2) EXTENSION.—If the Administrator, in con5 sultation with the Centers, determines that the con6 tinued operation of 1 or both of the Centers beyond 

7 the date described in paragraph (1) is necessary to 

8 advance science and technologies to address 

9 perfluoroalkyl or polyfluoroalkyl substance contami10 nation— 

11 (A) the Administrator shall submit to the 

12 appropriate committees of Congress— 

13 (i) a notification of that determina14 tion; and 

15 (ii) a description of the funding nec16 essary for the applicable 1 or more Centers 

17 to continue in operation and fulfill their 

18 purpose; and 

19 (B) subject to the availability of funds, 

20 may extend the duration of the applicable 1 or 

21 more Centers for such time as the Adminis22 trator determines to be appropriate. 

23 (h) FUNDING.— 

24 (1) IN GENERAL.—Of the amounts authorized 

25 to be appropriated to the Department of Defense for 


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1 fiscal year 2024 for the Strategic Environmental Re2 search and Development Program and the Environ3 mental Security Technology Certification Program of 

4 the Department of Defense, $25,000,000 shall be 

5 made available to the Administrator to carry out 

6 this section, to remain available until September 30, 

7 2033. 

8 (2) ADMINISTRATIVE COSTS.—Not more than 4 

9 percent of the amounts made available to the Ad10 ministrator under paragraph (1) shall be used by the 

11 Administrator for the administrative costs of car12 rying out this section. 

13 SEC. 202. ACTIONS UNDER STATE LAW FOR DAMAGES 

14 FROM EXPOSURE TO HAZARDOUS SUB15 STANCES. 

16 Section 309 of the Comprehensive Environmental Re17 sponse, Compensation, and Liability Act of 1980 (42 

18 U.S.C. 9658) is amended— 

19 (1) in subsection (a)— 

20 (A) in the subsection heading, by inserting 

21 ‘‘AND STATUTES OF REPOSE’’ after ‘‘LIMITA22 TIONS’’; 

23 (B) in paragraph (1)— 


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1 (i) in the paragraph heading, by in2 serting ‘‘OF LIMITATIONS’’ after ‘‘STAT3 UTES’’; and 

4 (ii) by inserting ‘‘statute of’’ after 

5 ‘‘applicable’’; 

6 (C) by redesignating paragraphs (2) and 

7 (3) as paragraphs (3) and (4), respectively; 

8 (D) by inserting after paragraph (1) the 

9 following: 

10 ‘‘(2) EXCEPTION TO STATE STATUTES OF

11 REPOSE.—In the case of any action brought under 

12 State law for personal injury, or property damages, 

13 which are caused or contributed to by exposure to 

14 any hazardous substance, or pollutant or contami15 nant, released into the environment from a facility, 

16 if the applicable statute of repose period for such ac17 tion (as specified in the State statute of repose or 

18 under common law) provides a commencement date 

19 which is earlier than the federally required com20 mencement date, such period shall commence at the 

21 federally required commencement date in lieu of the 

22 date specified in such State statute.’’; and 

23 (E) in paragraph (3) (as so redesig24 nated)— 


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1 (i) by striking ‘‘paragraph (1)’’ and 

2 inserting ‘‘paragraphs (1) and (2)’’; and 

3 (ii) by inserting ‘‘or statute of repose’’ 

4 after ‘‘statute of limitations’’; and 

5 (2) in subsection (b)— 

6 (A) in paragraph (2)— 

7 (i) in the paragraph heading, by in8 serting ‘‘STATUTE OF’’ after ‘‘APPLICA9 BLE’’; and 

10 (ii) by inserting ‘‘statute of’’ after 

11 ‘‘applicable’’; 

12 (B) by redesignating paragraphs (3) and 

13 (4) as paragraphs (4) and (5), respectively; 

14 (C) by inserting after paragraph (2) the 

15 following: 

16 ‘‘(3) APPLICABLE STATUTE OF REPOSE PE17 RIOD.—The term ‘applicable statute of repose pe18 riod’ means the period specified in a statute of 

19 repose during which a civil action referred to in sub20 section (a)(2) may be brought.’’; 

21 (D) in paragraph (4) (as so redesig22 nated)— 

23 (i) by inserting ‘‘or statute of repose’’ 

24 after ‘‘statute of limitations’’; and 


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1 (ii) by striking ‘‘applicable limitations 

2 period’’ and inserting ‘‘applicable statute 

3 of limitations period or applicable statute 

4 of repose period, respectively’’; and 

5 (E) in paragraph (5) (as so redesig6 nated)— 

7 (i) in subparagraph (A), by striking 

8 ‘‘subsection (a)(1)’’ and inserting ‘‘para9 graph (1) or (2) of subsection (a)’’; and 

10 (ii) in subparagraph (B)— 

11 (I) by redesignating clauses (i) 

12 and (ii) as subclauses (I) and (II), re13 spectively, and indenting appro14 priately; 

15 (II) in the matter preceding sub16 clause (I) (as so redesignated), by 

17 striking ‘‘In the case’’ and inserting 

18 the following: 

19 ‘‘(i) MINORS AND INCOMPETENTS.— 

20 In the case’’; and 

21 (III) by adding at the end the 

22 following: 

23 ‘‘(ii) NEWLY DESIGNATED HAZ24 ARDOUS SUBSTANCES.—In the case of a 

25 contaminant of emerging concern, pollutVerDate Sep 11 2014 22:20 May 10, 2024 Jkt 049200 PO 00000 Frm 00103 Fmt 6652 Sfmt 6201 E:\BILLS\S4187.IS S4187

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1 ant, chemical, waste, or other substance 

2 that is designated as a hazardous sub3 stance on or after August 1, 2022, the 

4 term ‘federally required commencement 

5 date’ means the latter of— 

6 ‘‘(I) the date on which that con7 taminant of emerging concern, pollut8 ant, chemical, waste, or other sub9 stance is designated as a hazardous 

10 substance; and 

11 ‘‘(II) the date on which the plain12 tiff knew (or reasonably should have 

13 known) that the personal injury or 

14 property damages referred to in para15 graph (1) or (2) of subsection (a) 

16 were caused or contributed to by that 

17 contaminant of emerging concern, pol18 lutant, chemical, waste, or other sub19 stance.’’. 

20 SEC. 203. BANKRUPTCY PROVISION RELATING TO PER21 SISTENT, BIOACCUMULATIVE, AND TOXIC 

22 CHEMICALS DEFENDANTS AND DEBTORS. 

23 (a) IN GENERAL.—Title III of the Comprehensive 

24 Environmental Response, Compensation, and Liability Act 


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1 of 1980 (42 U.S.C. 9651 et seq.) is amended by adding 

2 at the end the following: 

3 ‘‘SEC. 313. SPECIAL PROVISION RELATING TO PERSISTENT, 

4 BIOACCUMULATIVE, AND TOXIC CHEMICALS 

5 DEFENDANTS AND DEBTORS. 

6 ‘‘(a) DEFINITIONS.—In this section: 

7 ‘‘(1) CLAIM; DEBTOR; ENTITY; PETITION.—The 

8 terms ‘claim’, ‘debtor’, ‘entity’, and ‘petition’ have 

9 the meanings given those terms in section 101 of 

10 title 11, United States Code. 

11 ‘‘(2) ESTATE.—The term ‘estate’ means an es12 tate of a debtor described in section 541 of title 11, 

13 United States Code. 

14 ‘‘(3) NONDEBTOR ENTITY.—The term ‘non15 debtor entity’ means an entity that is not a debtor 

16 or an estate. 

17 ‘‘(4) PBT CLAIM.—The term ‘PBT claim’ 

18 means a claim based on, arising from, or attrib19 utable to the presence of, or exposure to— 

20 ‘‘(A) a perfluoroalkyl or polyfluoroalkyl 

21 substance; or 

22 ‘‘(B) any persistent, bioaccumulative, and 

23 toxic chemical, as designated under section 6(h) 

24 of the Toxic Substances Control Act (15 U.S.C. 

25 2605(h)). 


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1 ‘‘(b) AUTOMATIC STAY.—The filing of a petition does 

2 not operate as a stay under section 362(a) of title 11, 

3 United States Code, of the commencement or continu4 ation, including the issuance or employment of process, 

5 of a judicial, administrative, or other action or proceeding 

6 against a nondebtor entity, or any act to obtain or recover 

7 property of a nondebtor entity, on account of or with re8 spect to a PBT claim against the nondebtor entity, the 

9 debtor, or the estate (including a claim or cause of action 

10 against the nondebtor entity that is property of the debtor 

11 or the estate).’’. 

12 (b) EFFECTIVE DATE.— 

13 (1) IN GENERAL.—Except as provided in para14 graph (2), this section and the amendment made by 

15 this section— 

16 (A) shall take effect on the date of enact17 ment of this Act; and 

18 (B) shall apply to any case under title 11, 

19 United States Code, that is— 

20 (i) pending as of the date of enact21 ment of this Act; or 

22 (ii) commenced or reopened on or 

23 after the date of enactment of this Act. 

24 (2) VALIDITY OF FINAL ORDERS.—Nothing in 

25 this section, or the amendment made by this section, 


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1 shall affect the validity of any final judgment, order, 

2 or decree entered before the date of enactment of 

3 this Act. 

Æ 


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