Sec. 110. Application of Federal, State, and local law to Federal agencies
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/bill/119/s/4153/is/section-110·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
In this section: The term covered agency means a department, agency, or instrumentality of the executive, legislative, or judicial branch of the Federal Government that— has jurisdiction over a facility that manufactures a perfluoroalkyl or polyfluoroalkyl substance; or 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. The term national security has the meaning given the term in section 1400.102(a) of title 5, Code of Federal Regulations (as in effect on March 4, 2026).
The term reasonable service charge , with respect to a requirement under Federal, State, interstate, or local law, includes— fees or charges assessed in connection with enforcement, compliance, and investigation activities with respect to that requirement; and any other nondiscriminatory charge that is assessed in connection with a Federal, State, interstate, or local perfluoroalkyl or polyfluoroalkyl regulatory program. 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.
The Federal, State, interstate, and local requirements, including substantive and procedural requirements, described in paragraph
(1)include— an administrative order; and a civil or administrative penalty or fine, regardless of whether that penalty or fine is— punitive or coercive in nature; or imposed for isolated, intermittent, or continuing violations. 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). 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). 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. 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. 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 interest of the national security of the United States. An exemption under paragraph
(1)shall be for a period not to exceed 1 year. 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. 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. 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). 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 interest of national security. 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.