; (ii) is performed by an independent provider agreed on by both parties; and (iii) confirms that the relevant PFAS or metabolites of PFAS likely were not present in the body of the individual or class member at the relevant time in a sufficient quantity to qualify as significant exposure under paragraph (1)(A). (B) Costs A defendant shall be responsible for the costs of testing under subparagraph (A). (C) Independent provider If both parties cannot agree on an independent provider under subparagraph (A)(ii), the court shall appoint an independent provider. (4) Increased risk of developing disease (A) In general If there is insufficient toxicological data to reasonably determine whether an individual or class has suffered an increased risk of developing a disease associated with exposure to any individual PFAS or group of PFAS under paragraph (1)(B), a court may lower the standard for scientific proof with regard to the increased risk of developing that disease until independent and reliable toxicological data is available with respect to that individual PFAS or group of PFAS. (B) Ordering studies To make available independent and reliable toxicological data described in subparagraph (A) with respect to an individual PFAS or group of PFAS, a court may order new or additional epidemiological, toxicological, or other studies or investigations of that individual PFAS or group of PFAS as part of a medical monitoring remedy awarded under paragraph (1). (d) Sense of Congress It is the sense of Congress that courts should encourage more reliable and independent research into the latent health effects of PFAS. (e) Effect on State law claims and remedies Nothing in this section— (1) preempts, alters, bars, or precludes any State law claims or remedies, including any State law claims or remedies for an injury addressed by this section; or (2) provides an exclusive claim or remedy. . (b) Clerical amendment The table of contents for the Toxic Substances Control Act ( Public Law 94–469