I 

116TH CONGRESS 

1ST SESSION H. R. 2608 

To require the testing of perfluoroalkyl and polyfluoroalkyl substances under 

the Toxic Substances Control Act, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MAY 9, 2019 

Mr. SEAN PATRICK MALONEY of New York introduced the following bill; 

which was referred to the Committee on Energy and Commerce 

A BILL 

To require the testing of perfluoroalkyl and polyfluoroalkyl 

substances under the Toxic Substances Control Act, and 

for other purposes. 

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

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘PFAS Testing Act of 

5 2019’’. 

6 SEC. 2. TESTING OF PERFLUOROALKYL AND 

7 POLYFLUOROALKYL SUBSTANCES. 

8 (a) TESTING REQUIREMENTS.—Section 4(a) of the 

9 Toxic Substances Control Act (15 U.S.C. 2603(a)) is 

10 amended by adding at the end the following: 


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1 ‘‘(5) PERFLUOROALKYL AND

2 POLYFLUOROALKYL SUBSTANCES ORDER.—Notwith3 standing paragraphs (1) through (4), not later than 

4 60 days after the date of enactment of this para5 graph, the Administrator shall, by order, require 

6 that comprehensive toxicity testing be conducted on 

7 all chemical substances that are perfluoroalkyl and 

8 polyfluoroalkyl substances.’’. 

9 (b) PERSONS SUBJECT TO ORDER.—Section 4(b)(3) 

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

11 2603(b)(3)) is amended— 

12 (1) in subparagraph (A), by striking ‘‘subpara13 graph (B) or (C)’’ and inserting ‘‘subparagraph (B), 

14 (C), or (D)’’; and 

15 (2) by adding at the end the following: 

16 ‘‘(D) An order under subsection (a)(5) shall require 

17 the development of information by any person who manu18 factures or processes, or intends to manufacture or proc19 ess, a chemical substance that is a perfluoroalkyl or 

20 polyfluoroalkyl substance.’’. 

21 (c) PERFLUOROALKYL AND POLYFLUOROALKYL SUB22 STANCES.—Section 4 of the Toxic Substances Control Act 

23 (15 U.S.C. 2603) is amended by adding at the end the 

24 following: 


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1 ‘‘(i) PERFLUOROALKYL AND POLYFLUOROALKYL

2 SUBSTANCES.— 

3 ‘‘(1) TESTING REQUIREMENT ORDER.— 

4 ‘‘(A) PROTOCOLS AND METHODOLOGIES.— 

5 In determining the protocols and methodologies 

6 to be included pursuant to subsection (b)(1) in 

7 an order under subsection (a)(5), the Adminis8 trator shall allow for protocols and methodolo9 gies that test chemical substances that are 

10 perfluoroalkyl and polyfluoroalkyl substances as 

11 a class. 

12 ‘‘(B) PERIOD.—In determining the period 

13 to be included pursuant to subsection (b)(1) in 

14 an order under subsection (a)(5), the Adminis15 trator shall ensure that the period is as short 

16 as possible while allowing for completion of the 

17 required testing. 

18 ‘‘(2) EXEMPTIONS.—Notwithstanding sub19 section (c)(2)(A), the Administrator may only make 

20 a determination under subsection (c)(2)(B) that sub21 mission of information on a chemical substance that 

22 is a perfluoroalkyl or polyfluoroalkyl substance re23 quired by an order under subsection (a)(5) would be 

24 duplicative of information that has been submitted 

25 to the Administrator in accordance with such order, 


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1 or which is being developed pursuant to such order, 

2 if the information concerns the chemical substance 

3 with the same specific chemical identity as the chem4 ical substance for which the application for an ex5 emption is submitted.’’. 

6 SEC. 3. REPORTING AND RETENTION OF INFORMATION. 

7 Section 8(a) of the Toxic Substances Control Act (15 

8 U.S.C. 2607(a)) is amended by adding at the end the fol9 lowing: 

10 ‘‘(7) PERFLUOROALKYL AND

11 POLYFLUOROALKYL SUBSTANCES.— 

12 ‘‘(A) SUBMISSION OF INFORMATION.—Not13 withstanding any other requirement of law, not 

14 later than 60 days after the date of enactment 

15 of this paragraph, each person who manufac16 tures or processes a chemical substance that is 

17 a perfluoroalkyl or polyfluoroalkyl substance 

18 shall submit to the Administrator— 

19 ‘‘(i) all records of significant adverse 

20 reactions to health or the environment al21 leged to have been caused by such chemical 

22 substances; and 

23 ‘‘(ii) all health and safety studies re24 lated to such chemical substances of which 

25 the person is aware. 


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1 ‘‘(B) AVAILABILITY.—Not later than 4 

2 months after the date of enactment of this 

3 paragraph, the Administrator shall make stud4 ies submitted under subparagraph (A)(ii) avail5 able to the public.’’. 

Æ 


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