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[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 4187 Introduced in Senate (IS)]

<DOC>

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.

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

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

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

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

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

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

SEC. 2. DEFINITIONS.

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

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

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

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

SEC. 102. MANUFACTURING AND USE PHASEOUT PROGRAM.

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

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

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

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

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

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

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

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

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

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

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

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

SEC. 104. PERFLUOROALKYL OR POLYFLUOROALKYL SUBSTANCE RELEASE PHASEOUT.

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

SEC. 105. USE FOR RESEARCH.

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

SEC. 106. INSPECTIONS, MONITORING, AND ENTRY.

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

SEC. 107. ENFORCEMENT.

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

SEC. 108. CITIZEN SUITS.

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

SEC. 109. IMMINENT HAZARD.

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

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

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

SEC. 111. JUDICIAL REVIEW.

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

SEC. 112. REGULATORY AUTHORITY.

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

SEC. 113. FUNDING.

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

SEC. 114. SEVERABILITY.

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

SEC. 115. RETENTION OF STATE AUTHORITY.

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

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

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

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

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

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

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

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

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

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