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. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘PFAS Testing Act of 
2019’’. 
SEC. 
2. 
TESTING 
OF 
PERFLUOROALKYL 
AND 
POLYFLUOROALKYL SUBSTANCES. 
(a) TESTING REQUIREMENTS.—Section 4(a) of the 
Toxic Substances Control Act (15 U.S.C. 2603(a)) is 
amended by adding at the end the following: 
VerDate Sep 11 2014 
00:49 May 18, 2019
Jkt 089200
PO 00000
Frm 00001
Fmt 6652
Sfmt 6201
E:\BILLS\H2608.IH
H2608
pbinns on DSK79D2C42PROD with BILLS
‘‘(5) 
PERFLUOROALKYL
AND 
POLYFLUOROALKYL SUBSTANCES ORDER.—Notwith-
standing paragraphs (1) through (4), not later than 
60 days after the date of enactment of this para-
graph, the Administrator shall, by order, require 
that comprehensive toxicity testing be conducted on 
all chemical substances that are perfluoroalkyl and 
polyfluoroalkyl substances.’’. 
(b) PERSONS SUBJECT TO ORDER.—Section 4(b)(3) 
of the Toxic Substances Control Act (15 U.S.C. 
2603(b)(3)) is amended— 
(1) in subparagraph (A), by striking ‘‘subpara-
graph (B) or (C)’’ and inserting ‘‘subparagraph (B), 
(C), or (D)’’; and 
(2) by adding at the end the following: 
‘‘(D) An order under subsection (a)(5) shall require 
the development of information by any person who manu-
factures or processes, or intends to manufacture or proc-
ess, a chemical substance that is a perfluoroalkyl or 
polyfluoroalkyl substance.’’. 
(c) PERFLUOROALKYL AND POLYFLUOROALKYL SUB-
STANCES.—Section 4 of the Toxic Substances Control Act 
(15 U.S.C. 2603) is amended by adding at the end the 
following: 
VerDate Sep 11 2014 
00:49 May 18, 2019
Jkt 089200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6201
E:\BILLS\H2608.IH
H2608
pbinns on DSK79D2C42PROD with BILLS
‘‘(i) PERFLUOROALKYL
AND
POLYFLUOROALKYL 
SUBSTANCES.— 
‘‘(1) TESTING REQUIREMENT ORDER.— 
‘‘(A) PROTOCOLS AND METHODOLOGIES.— 
In determining the protocols and methodologies 
to be included pursuant to subsection (b)(1) in 
an order under subsection (a)(5), the Adminis-
trator shall allow for protocols and methodolo-
gies that test chemical substances that are 
perfluoroalkyl and polyfluoroalkyl substances as 
a class. 
‘‘(B) PERIOD.—In determining the period 
to be included pursuant to subsection (b)(1) in 
an order under subsection (a)(5), the Adminis-
trator shall ensure that the period is as short 
as possible while allowing for completion of the 
required testing. 
‘‘(2) 
EXEMPTIONS.—Notwithstanding 
sub-
section (c)(2)(A), the Administrator may only make 
a determination under subsection (c)(2)(B) that sub-
mission of information on a chemical substance that 
is a perfluoroalkyl or polyfluoroalkyl substance re-
quired by an order under subsection (a)(5) would be 
duplicative of information that has been submitted 
to the Administrator in accordance with such order, 
VerDate Sep 11 2014 
00:49 May 18, 2019
Jkt 089200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6201
E:\BILLS\H2608.IH
H2608
pbinns on DSK79D2C42PROD with BILLS
or which is being developed pursuant to such order, 
if the information concerns the chemical substance 
with the same specific chemical identity as the chem-
ical substance for which the application for an ex-
emption is submitted.’’. 
SEC. 3. REPORTING AND RETENTION OF INFORMATION. 
Section 8(a) of the Toxic Substances Control Act (15 
U.S.C. 2607(a)) is amended by adding at the end the fol-
lowing: 
‘‘(7) 
PERFLUOROALKYL
AND 
POLYFLUOROALKYL SUBSTANCES.— 
‘‘(A) SUBMISSION OF INFORMATION.—Not-
withstanding any other requirement of law, not 
later than 60 days after the date of enactment 
of this paragraph, each person who manufac-
tures or processes a chemical substance that is 
a perfluoroalkyl or polyfluoroalkyl substance 
shall submit to the Administrator— 
‘‘(i) all records of significant adverse 
reactions to health or the environment al-
leged to have been caused by such chemical 
substances; and 
‘‘(ii) all health and safety studies re-
lated to such chemical substances of which 
the person is aware. 
VerDate Sep 11 2014 
00:49 May 18, 2019
Jkt 089200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6201
E:\BILLS\H2608.IH
H2608
pbinns on DSK79D2C42PROD with BILLS
‘‘(B) AVAILABILITY.—Not later than 4 
months after the date of enactment of this 
paragraph, the Administrator shall make stud-
ies submitted under subparagraph (A)(ii) avail-
able to the public.’’. 
Æ 
VerDate Sep 11 2014 
00:49 May 18, 2019
Jkt 089200
PO 00000
Frm 00005
Fmt 6652
Sfmt 6301
E:\BILLS\H2608.IH
H2608
pbinns on DSK79D2C42PROD with BILLS