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: 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 (as defined in section 2 of the Forever Chemical Regulation and Accountability Act of 2026); or (B) any chemical substance possessing characteristics of— (i) persistence in the environment, with a half-life of the chemical substance equal to or greater than— (I) 2 months in water, sediment, and soil; or (II) 2 days in air; (ii) accumulation in biological organisms, with a bioaccumulation factor of bioconcentration factor equal to or greater than 1,000; and (iii) toxicity, with the potential to adversely affect human health or the environment. (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.