[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 1391 Introduced in Senate (IS)]







109th CONGRESS
  1st Session
                                S. 1391

  To amend the Toxic Substances Control Act to reduce the exposure of 
     children, workers, and consumers to toxic chemical substances.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             July 13, 2005

 Mr. Lautenberg (for himself, Mr. Jeffords, Mrs. Boxer, Mr. Kerry, Mr. 
Corzine, Mrs. Clinton, and Mr. Kennedy) introduced the following bill; 
 which was read twice and referred to the Committee on Environment and 
                              Public Works

_______________________________________________________________________

                                 A BILL


 
  To amend the Toxic Substances Control Act to reduce the exposure of 
     children, workers, and consumers to toxic chemical substances.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Child, Worker, and Consumer-Safe 
Chemicals Act of 2005'' or as the ``Kid Safe Chemicals Act''.

SEC. 2. FINDINGS, POLICIES, AND GOALS.

    (a) Findings.--Congress finds the following:
            (1) The incidence of some diseases and disorders which have 
        been linked to chemical exposures are on the rise.
            (2) The metabolism, physiology, and exposure patterns of 
        developing fetuses, infants, and children to toxic chemicals 
        differ from those of adults, which makes children more 
        vulnerable than adults to the harmful effects of exposure to 
        some synthetic chemicals.
            (3) Unlike pharmaceuticals and pesticides, manufacturers of 
        most chemical substances are not required under current law to 
        supply human or environmental toxicity information before 
        selling their products to the public. Consequently, the vast 
        majority of chemicals used in commercial products have never 
        had any Federal review to evaluate potential toxicity to 
        infants, children, developing fetuses, or adults.
            (4) Biomonitoring tests have shown that a fetus, infant, or 
        child in the United States today often have many synthetic 
        chemicals in their blood and tissue.
            (5) Despite these alarming discoveries, the Environmental 
        Protection Agency has reviewed the human health risks of only 
        an estimated 2 percent of the 62,000 chemicals that were in use 
        in 1976, when Congress passed the Toxic Substances Control Act 
        (15 U.S.C. 2601 et seq.). The Environmental Protection Agency 
        has issued regulations to ban or restrict the use of only 5 
        chemical substances in 29 years, due to the law's excessively 
        high administrative and legal hurdles.
            (6) A fundamental overhaul of United States chemical 
        management is needed to build a non-toxic environment for our 
        children.
    (b) Policy.--It is the policy of the United States to--
            (1) promote children's health as a paramount national goal, 
        recognizing that developing fetuses, infants, and children are 
        uniquely vulnerable to the harmful effects of some toxic 
        chemicals during all stages of their development;
            (2) minimize toxic substances in the environment of 
        children, workers, and consumers by--
                    (A) promoting the use of safer substitutes and 
                solutions to reduce exposure to hazardous chemicals by 
                rewarding business innovation;
                    (B) holding chemical manufacturers responsible for 
                providing complete health and safety data for each 
                chemical they produce prior to distribution of that 
                chemical substance in commerce; and
                    (C) providing the Environmental Protection Agency 
                with authority to allow the commercial distribution of 
                chemical substances only where the data and information 
                show there is a reasonable certainty that the chemical 
                substances pose no harm to human health or the 
                environment; and
            (3) provide the public and workers the full right to know 
        about the health effects of the chemical substances to which 
        they are exposed.
    (c) Goals.--It is the goal of the United States to eliminate the 
exposure of all children, workers, consumers, and sensitive subgroups 
to harmful chemicals distributed in commerce by 2020 by--
            (1) identifying the highest priority chemical substances 
        for review by 2007;
            (2) making a safety determination for, at a minimum, the 
        first 300 priority chemical substances by 2010 and banning or 
        restricting the use of a chemical substance if it cannot be 
        shown to meet the safety standard; and
            (3) making a safety determination for all chemical 
        substances by 2020, and banning or restricting the use of a 
        chemical if it cannot be shown to meet the safety standard.

SEC. 3. PROTECTION OF CHILDREN'S HEALTH FROM CHEMICAL SUBSTANCES.

    (a) In General.--The Toxic Substances Control Act (15 U.S.C. 2601 
et seq.) is amended by adding at the end the following:

                    ``TITLE V--CHILD SAFE CHEMICALS

``SEC. 501. MANUFACTURER SAFETY CERTIFICATIONS.

    ``(a) Safety Statement and Information.--Not later than 1 year 
after the date of enactment of this title, each manufacturer of a 
chemical substance distributed in commerce shall submit to the 
Administrator--
            ``(1) a statement signed by the chief executive officer of 
        the manufacturer certifying, based on available information 
        after a good faith inquiry, that--
                    ``(A) the chemical substance meets the safety 
                standard defined in section 503(a); or
                    ``(B) there is insufficient data to determine 
                whether the chemical substance meets that safety 
                standard; and
            ``(2) all reasonably available information in the company's 
        possession or control that has not previously been submitted to 
        the Administrator regarding the physical, chemical, and 
        toxicological properties of the chemical substance, and the 
        annual production volume and known uses of, and exposure and 
        fate information relating to, the chemical substance.
    ``(b) Updating of Information.--Each manufacturer of a chemical 
substance described in subsection (a) shall update the information 
described in subsection (a)(2)--
            ``(1) at a minimum, every 3 years; and
            ``(2) at any time at which there becomes available 
        significant new information regarding a physical, chemical, or 
        toxicological property of, or exposure to, the chemical 
        substance, including at a minimum any information that shows a 
        new potential toxic effect, corroborates previous information 
        showing or suggesting a toxic effect, or suggests a toxic 
        effect at a lower dose than previously demonstrated.
    ``(c) New Chemical Substances.--Prior to a new chemical substance 
being distributed in commerce, the chief executive officer of the 
manufacturer must certify the safety of that chemical substance as 
directed in subsection (a).
    ``(d) Definition of Toxicological Property.--For the purposes of 
this title, `toxicological property' means actual or potential 
toxicity, bioconcentration, or other biological or adverse effects, 
including but not limited to effects on mortality, morbidity, 
reproduction, development, the immune system, the endocrine system, the 
brain or nervous system, or any other biological functions in humans or 
animals.

``SEC. 502. PRIORITY LIST OF CHEMICAL SUBSTANCES FOR EPA SAFETY 
              DETERMINATION.

    ``(a) Priority List.--
            ``(1) In general.--Not later than 18 months after the date 
        of enactment of this title, the Administrator shall develop a 
        priority list of not less than 300 chemical substances 
        (referred to in this title as the `priority list') which shall 
        be the first chemical substances for which a safety 
        determination is made, as set forth in section 503. Chemical 
        substances that may pose the greatest risk to humans shall be 
        ranked as highest priority.
            ``(2) Updating of list.--Additional chemical substances 
        shall be added to the priority list at least annually until all 
        chemical substances which meet the criteria set forth in 
        subsection (b) have been added to the priority list.
            ``(3) Treatment as final agency action.--Development of the 
        priority list shall not be considered to be a final agency 
        action for the purpose of subchapter II of chapter 5, and 
        chapter 7, of title 5, United States Code (commonly known as 
        `the Administrative Procedure Act'), but the Administrator's 
        failure to issue or update a priority list by the deadline 
        established in the Act shall be considered a failure to perform 
        a nondiscretionary duty.
    ``(b) Criteria for Identifying Prioritized Chemical Substances.--In 
determining the priority list of chemical substances for a safety 
determination, the Administration shall take into account whether the 
chemical substance--
            ``(1) is found in human blood, fluids, or tissue, unless 
        the chemical substance is not synthetic and is naturally 
        present at the level found in blood, fluids, or tissue;
            ``(2) is found in food or drinking water, unless the 
        chemical substance is not synthetic and is naturally present at 
        the level found in food or drinking water;
            ``(3) is manufactured or discharged into the environment at 
        a volume of more than 1,000,000 pounds annually;
            ``(4) is a known or suspected reproductive, neurological, 
        or immunological toxicant, carcinogen, mutagen, or endocrine 
        disruptor, or causes negative developmental effects; or
            ``(5) is persistent or bioaccumulative.

``SEC. 503. EPA SAFETY DETERMINATION FOR CHEMICAL SUBSTANCES.

    ``(a) Definition of Safety Standard.--In this section, the term 
`safety standard' means, with respect to a chemical substance (or 
another chemical substance with a common mechanism of action)--
            ``(1) a standard that provides a reasonable certainty that 
        no harm will be caused by aggregate exposure of a fetus, 
        infant, child, worker, or member of other sensitive subgroup; 
        and
            ``(2) in the case of a fetus, infant, or child, a standard 
        that accounts for their special vulnerability to potential pre- 
        and post-natal exposures by applying an additional 10 fold 
        safety factor to the level established for adults.
    ``(b) Chemical Safety Information.--
            ``(1) In general.--On receipt of a request from the 
        Administrator, a manufacturer of the chemical substance shall 
        provide to the Administrator all information requested under 
        this subsection.
            ``(2) Information.--In making a determination with respect 
        to a chemical substance under subsection (c), the Administrator 
        shall take into account each of the following:
                    ``(A) Environmental fate and transport, including 
                degradation, persistence in the environment, mobility, 
                and distribution across environmental media, of the 
                chemical substance.
                    ``(B) Biological fate and transport, including 
                metabolism, bioaccumulation and biomagnification 
                potential, and toxicokinetics.
                    ``(C) Acute, subchronic, and chronic human health 
                effects of exposure to the substance, including 
                reproductive, developmental, genotoxic, neurotoxic, 
                immunotoxic, and endocrine-disrupting effects.
                    ``(D) The potential for additive or synergistic 
                effects to result from exposure to multiple chemical 
                substances.
                    ``(E) The ecotoxicity of a chemical substance to 
                avian, terrestrial, and aquatic species.
                    ``(F) The presence of the chemical substance in, at 
                a minimum--
                            ``(i) human blood, fluids, or tissue; and
                            ``(ii) food or drinking water.
                    ``(G) The uses of the chemical substance and 
                associated known and potential releases and exposures.
            ``(3) Minimum data set.--The Administrator shall establish 
        a minimum set of data requirements that would ensure that 
        determinations under subsection (c) are based on reliable data.
            ``(4) Tiering process.--The Administrator shall have the 
        authority to develop a tiering process for the submission of 
        the information.
    ``(c) Safety Determination.--
            ``(1) Priority chemicals.--
                    ``(A) In general.--Not later than 3 years after the 
                date on which a chemical substance has been placed on 
                the priority list, the Administrator shall determine 
                whether the manufacturer has established that the 
                chemical substance meets the safety standard.
                    ``(B) Interim standards.--
                            ``(i) Notice of pending determination.--If 
                        the Administrator fails to act within the 
                        deadlines established in subparagraph (A), a 
                        manufacturer affected by the failure to act 
                        shall issue to the Administrator, the public, 
                        and each known customer of a chemical substance 
                        a written notice that a determination of safety 
                        is pending.
                            ``(ii) Failure of administrator to act.--
                        Not later than 5 years after the date on which 
                        a chemical substance has been placed on the 
                        priority list, if the Administrator has not 
                        made a determination under subparagraph (A), 
                        the chemical substance shall not be distributed 
                        in commerce.
            ``(2) Other chemical substances.--Not later than 15 years 
        after the date of enactment of this title, the Administrator 
        shall determine whether each chemical substance distributed in 
        commerce meets the safety standard. Not less than 1 time every 
        15 years thereafter, the Administrator shall reassess the 
        safety of all chemical substances distributed in commerce.
            ``(3) New chemical substances.--As of the date that is 90 
        days after the date of enactment of this title, no new chemical 
        substance shall be distributed in commerce unless the chemical 
        substance has met the safety standard under subsection (a), as 
        determined by the Administrator.
    ``(d) Biomonitoring.--
            ``(1) In general.--Within 5 years after the date of 
        enactment of this title, and every 3 years thereafter, a 
        manufacturer of a chemical substance shall carry out a 
        biomonitoring study to determine the presence in human blood, 
        fluids, or tissue for any chemical substance--
                    ``(A) which is manufactured in quantities greater 
                than 1,000,000 pounds during 1 calendar year; or
                    ``(B) for any chemical substance distributed in 
                commerce--
                            ``(i) to which humans are exposed; and
                            ``(ii) for which there is cause for concern 
                        regarding the exposure (as determined by the 
                        Administrator), such as a potential for 
                        persistence or bioaccumulation of the chemical 
                        substance.
            ``(2) Standard.--The Administrator shall by regulation 
        establish a standard for biomonitoring studies under this 
        subsection that includes--
                    ``(A) the use of a representative sample that 
                ensures that likely exposed populations including 
                children are oversampled; and
                    ``(B) a determination of appropriate detection 
                levels of chemical substances.
            ``(3) Substance detection.--A manufacturer of a chemical 
        substance subject to paragraph (1) shall make available to the 
        public a practicable method (as determined by the 
        Administrator) for detecting the presence of the substance or 
        any of its metabolites in human blood, fluids, and tissue.

``SEC. 504. REDUCTION OF HEALTH HAZARDS FOR CHILDREN, WORKERS, AND 
              CONSUMERS.

    ``(a) Market Restrictions.--No person shall manufacture a chemical 
substance if--
            ``(1) the Administrator determines that the person failed 
        to act in accordance with section 501 or section 503;
            ``(2) the Administrator determines that the chemical 
        substance does not meet the safety standard defined in section 
        503(a); or
            ``(3) the Administrator has not made a safety determination 
        for the chemical substance by the deadline established in 
        paragraph (1)(B)(ii), (2), or (3) of section 503(c).
    ``(b) Use Exemptions.--The Administrator may allow manufacturing 
for a specified use of any chemical substance where the Administrator 
determines such use meets the safety standard defined in section 
503(a).
    ``(c) Exemption From Biomonitoring.--Any manufacturer that 
submitted to the Administrator a biomonitoring study of a chemical 
substance on or before the date of enactment of this title shall be 
exempt from the initial biomonitoring under section 503(d) for that 
chemical substance.
    ``(d) Other Exemptions.--
            ``(1) In general.--The President, in his non-delegable 
        duty, may make an exemption from this section for a specific 
        use of a chemical substance for a period not to exceed 5 years 
        if after public notice and comment he determines that--
                    ``(A) an exemption is in the paramount interest of 
                national security, or if the lack of availability of 
                the chemical substance would cause significant 
                disruption in the national economy; and
                    ``(B) no feasible alternative for the specified use 
                of the chemical substance is available.
            ``(2) Renewability.--The President may renew an exemption 
        under paragraph (1) for additional 5 year periods if the 
        President concludes after public comment that such a renewal is 
        necessary.
            ``(3) Public notice.--A manufacturer of a chemical 
        substance for which an exemption under this subsection is made 
        shall provide notice of the exemption to each known customer, 
        and the President shall provide the public with a notice of 
        such an exemption.

``SEC. 505. ANIMAL TESTING ALTERNATIVES.

    ``(a) Alternatives to Animal Testing.--
            ``(1) In general.--To minimize the use of animal testing of 
        chemical substances, the Administrator shall--
                    ``(A) require the use, where practicable, of--
                            ``(i) existing data to fill data gaps by 
                        calling for mandatory disclosure of all 
                        existing data, and thoroughly investigating 
                        sources of existing data;
                            ``(ii) replacement alternatives that--
                                    ``(I) do not involve the use of an 
                                animal to test the chemical substance; 
                                and
                                    ``(II) provide information that is 
                                equivalent in scientific quality to the 
                                animal testing method; and
                            ``(iii) reduction alternatives that use 
                        fewer animals than conventional animal-based 
                        tests when replacement alternatives are 
                        impracticable, including the use of tests that 
                        combine two or more endpoints;
                    ``(B) encourage, where practicable--
                            ``(i) the grouping of similar chemicals 
                        into categories to limit testing to only those 
                        chemicals which are representative of the 
                        group; and
                            ``(ii) the forming of industry consortia to 
                        jointly conduct testing to avoid duplication of 
                        tests; and
                    ``(C) fund research and validation studies to 
                reduce and replace the use of animal tests as provided 
                in this section.
            ``(2) List of alternative testing methods.--Not later than 
        1 year after the date of enactment of this title, and 
        triennially thereafter, the Administrator, in consultation with 
        the Interagency Science Advisory Board established in section 
        507, shall publish a list of the alternative testing methods 
        described in paragraph (1).
    ``(b) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section $5,000,000.

``SEC. 506. SAFER ALTERNATIVES AND GREEN CHEMISTRY.

    ``(a) Safer Alternatives Program.--Within 1 year after the date of 
enactment of this title, the Administrator shall establish a program to 
create market incentives for the development of safer alternatives to 
existing chemical substances. This program shall include, but not be 
limited to--
            ``(1) expedited review of new chemical substances for which 
        the manufacturer submits an alternatives analysis indicating 
        that the new chemical substance is the safer alternative for a 
        particular use than existing chemical substances used for the 
        same purpose;
            ``(2) recognition for a chemical substance found by the 
        Administrator to be a safer alternative for a particular use by 
        means of a special designation intended for use in marketing 
        the safer alternative, and periodic public awards; and
            ``(3) other incentives as the Administrator considers 
        appropriate to encourage the development, marketing and use of 
        chemical substances found by the Administrator to be safer 
        alternatives for the particular uses.
    ``(b) Green Chemistry Research and Clearinghouse Network.--
            ``(1) In general.--The Administrator shall establish a 
        network of not less than 4 green chemistry and technology 
        research and clearinghouse centers, located in various regions 
        of the United States, to support the development and adoption 
        of safer alternatives to chemical substances, particularly 
        chemical substances placed on the priority list.
            ``(2) Requirements.--The research and clearinghouse centers 
        described in paragraph (1) shall--
                    ``(A) provide technical assistance relating to 
                alternatives analysis, green chemistry, and green 
                technology techniques to small and medium-sized 
                manufacturers of chemical substances;
                    ``(B) provide technical training relating to 
                alternatives analysis, green chemistry, and green 
                technology techniques to students and professionals;
                    ``(C) conduct alternatives analysis, green 
                chemistry and green technology research; and
                    ``(D) provide grants to promote and support the 
                research, development, adoption and use of alternatives 
                to the activities identified in subparagraphs (A), (B), 
                and (C).
            ``(3) Authorization of appropriations.--There are 
        authorized to be appropriated to carry out this subsection--
                    ``(A) for fiscal year 2006, $40,000,000; and
                    ``(B) for each of fiscal years 2007 through 2010, 
                $30,000,000.

``SEC. 507. INTERAGENCY SCIENCE ADVISORY BOARD ON CHILDREN'S HEALTH AND 
              TOXIC SUBSTANCES.

    ``(a) In General.--Not later than 90 days after the date of 
enactment of this title, the Administrator shall form an Interagency 
Science Advisory Board on Children's Health and Toxic Substances which 
shall include at a minimum representatives from the National Institute 
of Environmental Heath Sciences, the Centers for Disease Control and 
Prevention, the National Toxicology Program, the National Cancer 
Institute, the National Tribal Science Council and not less than 3 
centers of children's health at leading universities.
    ``(b) Purposes.--The purposes of the Board shall be to--
            ``(1) provide independent advice and peer review to the 
        Administrator and Congress on the scientific and technical 
        aspects of problems and issues related to the requirement of 
        this title;
            ``(2) review the scientific and technical basis for the 
        standards, rules, guidance, and other science-based decisions 
        under this Act and providing expert consultation and advice to 
        the Administrator; and
            ``(3) reduce the duplication of the efforts by manufactures 
        to conform with the requirements of this title, and to reduce 
        animal testing.

``SEC. 508. COOPERATION WITH INTERNATIONAL EFFORTS.

    ``In cooperation with the Secretary of State and the head of any 
other appropriate Federal agency (as determined by the Administrator), 
the Administrator shall cooperate with any international effort--
            ``(1) to develop a common protocol or electronic database 
        relating to chemical substances; or
            ``(2) to develop safer alternatives for chemical 
        substances.

``SEC. 509. PUBLIC ACCESS TO INFORMATION.

    ``(a) Transmission to Administrator.--Each Federal agency and 
Federal institution shall transmit to the Administrator all information 
provided to the Federal agency or institution relating to a hazard of 
or risk of exposure to a chemical substance.
    ``(b) Electronic Database.--
            ``(1) Standard.--Not later than 180 days after the date of 
        enactment of this title, the Administrator, in collaboration 
        with interested parties, shall establish standards for an 
        electronic format for sharing of information relating to the 
        toxicity and use of, and exposure to, chemical substances.
            ``(2) Database.--Not later than 3 years after the date of 
        enactment of this title, the Administrator, in collaboration 
        with interested parties, shall develop, and establish 
        procedures for maintaining, a database in which to store the 
        information described in paragraph (1).
    ``(c) Public Access.--The Administrator shall make available to the 
public--
            ``(1) any information provided to the Administrator 
        relating to the properties and hazards of a chemical substance; 
        and
            ``(2) any nonconfidential information, as described in 
        section 510, provided to the Administrator relating to exposure 
        to the substance.
    ``(d) Reliable Information.--The Administrator shall establish 
procedures to ensure data reliability that include--
            ``(1) not less than 1 time each year, the Administrator 
        shall randomly inspect not less than 3 percent of the 
        commercial and private laboratories which develop the data 
        required by the title on the various properties and 
        characteristics of a chemical substance; and
            ``(2) annually, the Administrator shall perform a 
        comprehensive data audit on a statistically significant number 
        of the data submissions submitted by manufacturers under this 
        title.

``SEC. 510. CONFIDENTIAL BUSINESS INFORMATION.

    ``(a) In General.--If a manufacturer of a chemical substance 
submits to the Administrator or any other Federal agency or institution 
any confidential business information (as defined in section 350.27 of 
volume 40, Code of Federal Regulations, as in effect on the date of 
enactment of this title), the chief executive officer shall provide to 
the Administrator or other Federal agency or institute--
            ``(1) a written justification for maintaining the 
        confidentiality of the information, including, if applicable, a 
        statement that the information must be kept confidential to 
        protect a trade secret of the manufacturer; and
            ``(2) certification that the information is not otherwise 
        publicly available.
    ``(b) Information From Foreign Countries.--Any information provided 
to the Administrator by an officer or employee of a foreign government 
shall be considered to be confidential business information if the 
information is considered to be confidential business information by 
the officer or employee of the foreign government, except as described 
in subsection (c).
    ``(c) Nonconfidential Information.--The name of a chemical 
substance and all information concerning its effects on human health or 
the environment shall not be considered to be confidential business 
information under this section.

``SEC. 511. RELATIONSHIP TO OTHER LAW.

    ``Nothing in this title affects the right of a State or political 
subdivision of a State to adopt or enforce any regulation, requirement, 
liability, or standard of performance that is more stringent than a 
regulation, requirement, liability, or standard of performance 
established by this title.''.
    (b) Effect of Section.--Notwithstanding the amendment made by 
subsection (a)(1), any regulation promulgated (including any 
prohibition or restriction issued) under the provisions repealed by 
that subsection before the date of enactment of this Act shall remain 
in effect until the date on which the Administrator of the 
Environmental Protection Agency promulgates new regulations under title 
V of the Toxic Substances Control Act (15 U.S.C. 2601 et seq.) (as 
added by subsection (a)(2)).
    (c) Conforming Amendments.--
            (1) Testing of chemical substances and mixtures.--Section 4 
        of the Toxic Substances Control Act (15 U.S.C. 2603) is 
        amended--
                    (A) in subsection (f), in the matter following 
                paragraph (2), by inserting ``, or title V,'' after 
                ``section 5, 6, or 7''; and
                    (B) in subsection (g), by inserting ``or title V'' 
                after ``section 5(a)''.
            (2) Manufacturing and processing notices.--Section 5 of the 
        Toxic Substances Control Act (15 U.S.C. 2604) is amended--
                    (A) in subsection (b)--
                            (i) in paragraph (1)(A)(ii), by inserting 
                        ``or title V'' after ``section 4''; and
                            (ii) in paragraph (2)(A)(ii), by inserting 
                        ``or title V'' after ``section 4'';
                    (B) in subsection (d)(2)(C), by inserting ``or 
                title V'' after ``section 4'';
                    (C) in subsection (e)(2)(D), in the first sentence, 
                by inserting ``or title V'' after ``section 6(a)'';
                    (D) in subsection (f)--
                            (i) in paragraph (1), by inserting ``or 
                        title V'' after ``section 6'';
                            (ii) in paragraph (2), in the matter 
                        preceding subparagraph (A), by inserting ``or 
                        title V'' after ``section 6(a)''; and
                            (iii) in paragraph (3)(B), by inserting 
                        ``or title V'' after ``section 6''; and
                    (E) in subsection (g), by inserting ``, or title 
                V,'' after ``section 6 or 7''.
            (3) Imminent hazards.--Section 7 of the Toxic Substances 
        Control Act (15 U.S.C. 2606) is amended--
                    (A) in subsection (a)--
                            (i) in paragraph (1), in the matter 
                        following subparagraph (C)--
                                    (I) by striking ``section 4, 5, 6, 
                                or title IV'' and inserting ``section 
                                4, 5, or 6, or title IV or V,''; and
                                    (II) by striking ``section 5 or 
                                title IV'' and inserting ``section 5 or 
                                title IV or V''; and
                            (ii) in paragraph (2), by inserting ``title 
                        V or'' before ``section 6(a)''; and
                    (B) in subsection (f), in the second sentence, by 
                inserting ``or title V'' after ``section 6''.
            (4) Reporting and retention of information.--Section 8 of 
        the Toxic Substances Control Act (15 U.S.C. 2607) is amended--
                    (A) in subsection (a)(3)(A)(ii)--
                            (i) in subclause (I), by inserting ``or 
                        title V'' after ``or 6,''; and
                            (ii) in subclause (II), by inserting ``or 
                        title V'' after ``section 5 or 7''; and
                    (B) in subsection (b)(1)--
                            (i) in the first sentence, by striking 
                        ``section 5 or subsection (a) of this section'' 
                        and inserting ``subsection (a), section 5, or 
                        title V''; and
                            (ii) in the second sentence, by inserting 
                        ``or title V'' after ``section 5''.
            (5) Relationship to other federal laws.--Section 9(a) of 
        the Toxic Substances Control Act (15 U.S.C. 2608(a)) is 
        amended--
                    (A) in paragraph (2), in the matter following 
                subparagraph (B), by inserting ``or title V'' after 
                ``section 6 or 7''; and
                    (B) in paragraph (3), by inserting ``or title V'' 
                after ``section 6 or 7''.
            (6) Exports.--Section 12 of the Toxic Substances Control 
        Act (15 U.S.C. 2611) is amended--
                    (A) in subsection (a)(2), by inserting ``or title 
                V'' after ``section 4''; and
                    (B) in subsection (b)--
                            (i) in paragraph (1), by inserting ``or 
                        title V'' after ``section 4 or 5(b)''; and
                            (ii) in paragraph (2)--
                                    (I) by inserting ``or title V'' 
                                after ``issued under section 5'';
                                    (II) by inserting ``or title V'' 
                                after ``section 5 or 6''; and
                                    (III) by inserting ``or title V'' 
                                after ``section 5 or 7''.
            (7) Entry into customs territory of the united states.--
        Section 13(a)(1) of the Toxic Substances Control Act (15 U.S.C. 
        2612(a)(1)) is amended by striking subparagraph (B) and 
        inserting the following:
                    ``(B) the substance, mixture, or article is offered 
                for entry in violation of section 5, 6, or 7, or title 
                IV or V.''.
            (8) Disclosure of data.--Section 14(b)(1)(A)(ii) of the 
        Toxic Substances Control Act (15 U.S.C. 2613(b)(1)(A)(ii)) is 
        amended by striking ``for which testing'' and all that follows 
        through ``section 5, and'' and inserting ``for which testing or 
        a notification is required under section 4 or 5 or title V; 
        and''.
            (9) Prohibited acts.--Section 15 of the Toxic Substances 
        Control Act (15 U.S.C. 2614) is amended--
                    (A) by striking paragraph (1) and inserting the 
                following:
            ``(1) fail or refuse to comply with any rule or requirement 
        under section 4, 5, or 6, or title II or V;''; and
                    (B) in paragraph (2), by striking ``violation of 
                section 5'' and all that follows through ``section 5 or 
                7'' and inserting ``violation of section 5, 6, or 7, or 
                title V''.
            (10) Specific enforcement and seizure.--Section 17(a)(1) of 
        the Toxic Substances Control Act (15 U.S.C. 2616(a)(1)) is 
        amended--
                    (A) by striking subparagraph (B) and inserting the 
                following:
                    ``(B) restrain any person from taking an action 
                prohibited under section 5 or 6, or title IV or V;''; 
                and
                    (B) in subparagraph (D), by striking ``in 
                violation'' and all that follows through ``title IV'' 
                and inserting ``in violation of section 5 or 6 or title 
                IV or V''.
            (11) Preemption.--Section 18 of the Toxic Substances 
        Control Act (15 U.S.C. 2617) is amended to read as follows:

``SEC. 18. PREEMPTION.

    ``Nothing in this Act affects the authority of a State or political 
subdivision of a State to establish or continue in effect any 
regulation of a chemical substance, mixture, or article containing a 
chemical substance or mixture.''.
            (12) Judicial review.--Section 19 of the Toxic Substances 
        Control Act (15 U.S.C. 2618) is amended--
                    (A) in subsection (a)--
                            (i) in paragraph (1)--
                                    (I) in subparagraph (A), by 
                                striking ``title II or IV'' and 
                                inserting ``title II, IV, or V''; and
                                    (II) in subparagraph (B), by 
                                inserting ``or title V'' after 
                                ``section 6(b)(1)''; and
                            (ii) in paragraph (3), by striking 
                        subparagraph (B) and inserting the following:
                    ``(B) for a rule or finding under section 4, 5, or 
                6, or title IV or V, the finding required for the 
                issuance of the rule;''; and
                    (B) in subsection (c)(1)(B)--
                            (i) in clause (i), by inserting ``, or 
                        title V,'' after ``6(e)''; and
                            (ii) in clause (iii)(I), by striking 
                        ``section 6(c)(1), or'' and inserting ``section 
                        6(c)(1) or title V; or''.
            (13) Citizens' civil actions.--Section 20(a)(1) of the 
        Toxic Substances Control Act (15 U.S.C. 2619(a)(1)) is amended 
        by striking ``title II or IV'' and inserting ``title II, IV, or 
        V''.
            (14) Citizens' petitions.--Section 21 of the Toxic 
        Substances Control Act (15 U.S.C. 2620) is amended--
                    (A) in subsection (a), by striking ``a rule under'' 
                and all that follows through ``6(b)(2)'' and inserting 
                ``a rule or order under section 4, 5, 6, or 8, or title 
                V''; and
                    (B) in subsection (b)--
                            (i) in paragraph (1), by striking `` a rule 
                        under'' and all that follows through 
                        ``6(b)(1)(B)'' and inserting ``a rule or order 
                        under section 4, 5, 6, or 8, or title V'';
                            (ii) in paragraph (3), in the first 
                        sentence, by inserting ``, or title V'' after 
                        ``section 4, 5, 6, or 8''; and
                            (iii) in paragraph (4)(B)--
                                    (I) in the matter preceding clause 
                                (i), by striking ``section 4'' and all 
                                that follows through ``6(b)(2)'' and 
                                inserting ``rule or order under section 
                                4, 5, 6, or 8, or title V'';
                                    (II) in clause (i), by striking ``a 
                                rule under'' and all that follows 
                                through ``section 5(e)'' and inserting 
                                ``a rule or order under section 4 or 5 
                                or title V''; and
                                    (III) in clause (ii), by striking 
                                ``under section 6'' and all that 
                                follows through ``6(b)(2)'' and 
                                inserting ``or order under section 6 or 
                                8 or title V''.
            (15) Employment effects.--Section 24 of the Toxic 
        Substances Control Act (15 U.S.C. 2623) is amended--
                    (A) by striking subsection (a) and inserting the 
                following:
    ``(a) In General.--The Administrator shall evaluate, on a 
continuing basis, the potential effects on employment (including 
reductions in employment or loss of employment from threatened plant 
closures) of each rule, order, and requirement under sections 4, 5, and 
6, and title V.''; and
                    (B) in subsection (b)--
                            (i) in paragraph (1), in the matter 
                        following subparagraph (B), by striking ``a 
                        rule or order'' and all that follows through 
                        ``section 5 or 6'' and inserting ``a rule, 
                        order, or requirement under section 4, 5, or 6, 
                        or title V''; and
                            (ii) in paragraph (2)(B)(ii), by striking 
                        ``section 6(c)(3), and'' and inserting 
                        ``section 6(c)(3) and title V; and''.
            (16) Administration of the act.--Section 26(b)(1) of the 
        Toxic Substances Control Act (15 U.S.C. 2625(b)(1)) is amended 
        by inserting ``or title V'' after ``section 4 or 5'' each place 
        it appears.
            (17) Development and evaluation of test methods.--Section 
        27(a) of the Toxic Substances Control Act (15 U.S.C. 2626(a)) 
        is amended by inserting ``or title V'' after ``section 4'' each 
        place it appears.
            (18) Annual report.--Section 30 of the Toxic Substances 
        Control Act (15 U.S.C. 2629) is amended--
                    (A) in paragraph (1), by inserting ``and title V'' 
                after ``section 4'';
                    (B) in paragraph (2)--
                            (i) by inserting ``or title V'' after 
                        ``section 5'';
                            (ii) by inserting ``or title V'' after 
                        ``section 4''; and
                            (iii) by inserting ``or title V'' after 
                        ``section 5(g)''; and
                    (C) in paragraph (3), by inserting ``or title V'' 
                after ``section 6''.
            (19) Table of contents.--The table of contents of the Toxic 
        Substances Control Act (15 U.S.C. prec. 2601) is amended by 
        adding at the end the following:

                    ``TITLE V--CHILD SAFE CHEMICALS

        ``Sec. 501. Manufacturer safety certifications.
        ``Sec. 502. Priority list of chemical substances for EPA safety 
                            determination.
        ``Sec. 503. EPA Safety determination for chemical substances.
        ``Sec. 504. Reduction of health hazards for children, workers, 
                            and consumers.
        ``Sec. 505. Animal testing alternatives.
        ``Sec. 506. Safer alternatives and green chemistry.
        ``Sec. 507. Interagency Science Advisory Board on Children's 
                            Health and Toxic Substances.
        ``Sec. 508. Cooperation with international efforts.
        ``Sec. 509. Public access to information.
        ``Sec. 510. Confidential business information.
        ``Sec. 511. Relationship to other law.''.
                                 <all>