[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5820 Introduced in House (IH)]

111th CONGRESS
  2d Session
                                H. R. 5820

To amend the Toxic Substances Control Act to ensure that the public and 
the environment are protected from risks of chemical exposure, and for 
                            other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             July 22, 2010

Mr. Rush (for himself, Mr. Waxman, Ms. Castor of Florida, Ms. DeGette, 
Ms. Schakowsky, and Mr. Sarbanes) introduced the following bill; which 
          was referred to the Committee on Energy and Commerce

_______________________________________________________________________

                                 A BILL


 
To amend the Toxic Substances Control Act to ensure that the public and 
the environment are protected from risks of chemical exposure, and for 
                            other purposes.

    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 ``Toxic Chemicals Safety Act of 
2010''.

SEC. 2. FINDINGS, POLICY, AND GOAL.

    (a) Findings, Policy, and Goal.--Section 2 of the Toxic Substances 
Control Act (15 U.S.C. 2601) is amended--
            (1) by striking ``intent'' in the section heading and 
        inserting ``goal''; and
            (2) by striking subsections (a) through (c) and inserting 
        the following:
    ``(a) Findings.--Congress finds that--
            ``(1) the chemical industry is an important part of the 
        United States economy and provides valuable products that are 
        used in diverse manufacturing industries and other commercial, 
        institutional, and consumer applications;
            ``(2) more than 3 decades after the enactment of the Toxic 
        Substances Control Act, the public and the environment in the 
        United States are still exposed to thousands of chemicals whose 
        safety has not been adequately reviewed;
            ``(3) biomonitoring reveals that people in the United 
        States have many hazardous chemicals in their bodies;
            ``(4) the potential for adverse effects from chemical 
        exposures is modulated by developmental changes in metabolism, 
        physiology, and pathways of exposure, with increased potential 
        for adverse effects from exposures that occur in utero, during 
        infancy, and during other critical periods of development;
            ``(5) there is significant global trade in the chemical 
        sector and many of the companies that conduct business in the 
        United States must also comply with chemical safety regulatory 
        programs in other countries, and the data that are generated to 
        comply with these other regulatory programs may be useful in 
        understanding the hazards of and exposures to chemicals in the 
        United States; and
            ``(6) a revised policy on the safety of chemicals will 
        assist in renewing the manufacturing sector of the United 
        States, create new and safer jobs, spur innovations in green 
        chemistry, restore confidence domestically and internationally 
        in the safety of products of the United States, and ensure that 
        products of the United States remain competitive in the global 
        market.
    ``(b) Policy.--It is the policy of the United States--
            ``(1) to protect the health of children, workers, 
        consumers, and the public, and to protect the environment from 
        adverse effects of exposures to chemicals;
            ``(2) to promote the use of safer alternatives and other 
        actions that reduce use of and exposure to hazardous chemicals 
        and reward innovation in developing safer chemicals, processes, 
        and products;
            ``(3) to require that all chemicals in commerce meet a 
        risk-based safety standard that protects disproportionately 
        vulnerable and affected populations and the environment;
            ``(4) to require manufacturers and processors to provide 
        sufficient health and environmental information for the 
        chemicals which they manufacture or process as a condition of 
        allowing distribution of such chemicals in commerce;
            ``(5) to improve the quality of information on chemical 
        safety and use;
            ``(6) to guarantee the right of the public and workers to 
        know about the risks associated with chemicals that they may be 
        exposed to by maximizing public access to information on such 
        chemicals;
            ``(7) to strengthen cooperation between and among the 
        Federal Government and State, municipal, tribal, and foreign 
        governments;
            ``(8) to ensure the Administrator has the authority to 
        develop sufficient information to assess chemical safety, and 
        to act effectively when the Administrator obtains information 
        that indicates there are risks of harmful chemical exposure; 
        and
            ``(9) to replace, reduce, and refine testing on animals by 
        promoting and funding the development of more efficient test 
        methods and strategies.
    ``(c) Goal.--It is the goal of the United States to protect health 
and the environment by addressing exposure to harmful chemicals 
distributed in commerce, including exposure of vulnerable or 
disproportionately affected populations, by--
            ``(1) determining whether all chemicals in commerce meet 
        the safety standard under this title;
            ``(2) restricting the manufacture, processing, use, 
        distribution in commerce, or disposal of a chemical, where 
        warranted; and
            ``(3) encouraging the replacement of harmful chemicals and 
        processes with safer alternatives.''.
    (b) Conforming Amendment.--The table of contents for the Toxic 
Substances Control Act is amended by amending the item relating to 
section 2 to read as follows:

``Sec. 2. Findings, policy, and goal.''.

SEC. 3. DEFINITIONS AND DETERMINATIONS.

    (a) Definitions and Determinations.--Section 3 of the Toxic 
Substances Control Act (15 U.S.C. 2602) is amended--
            (1) by striking--

``SEC. 3. DEFINITIONS.

    ``As used in this Act:'' and inserting the following:

``SEC. 3. DEFINITIONS AND DETERMINATIONS.

    ``(a) Definitions.--As used in this Act:'';
            (2) in subsection (a), (relating to definitions, as 
        designated by paragraph (1))--
                    (A) in paragraph (2)--
                            (i) in subparagraph (A)--
                                    (I) by striking ``Except as 
                                provided in subparagraph (B), the 
                                term'' and inserting ``The term'';
                                    (II) in clause (i), by striking 
                                ``and'' after ``nature,'';
                                    (III) in clause (ii), by striking 
                                the period at the end and inserting ``, 
                                and''; and
                                    (IV) by adding at the end the 
                                following new clause:
                    ``(iii) any form of a substance determined by the 
                Administrator to be a chemical substance under 
                subsection (b)(1).''; and
                            (ii) in subparagraph (B)--
                                    (I) by striking clause (ii) and 
                                inserting the following:
                            ``(ii) any alcoholic beverage (as defined 
                        in section 214 of the Federal Alcohol 
                        Administration Act),'';
                                    (II) in clause (iii), by striking 
                                ``product,'' inserting ``product (as 
                                defined in section 201 of the Federal 
                                Food, Drug, and Cosmetic Act), and''; 
                                and
                                    (III) by striking clauses (v) and 
                                (vi) and the matter following clause 
                                (vi);
                    (B) in paragraph (4)--
                            (i) by striking ``or'' after ``or 
                        article;''; and
                            (ii) by inserting ``; or to export or offer 
                        for export the substance, mixture, or article, 
                        except for demonstrated use solely as a 
                        pesticide (as defined in the Federal 
                        Insecticide, Fungicide, and Rodenticide Act), 
                        food, food additive, drug, cosmetic, or device 
                        (as such terms are defined in section 201 of 
                        the Federal Food, Drug, and Cosmetic Act) and 
                        including poultry, poultry products, meat, meat 
                        food products (as defined in section 1(j) of 
                        the Federal Meat Inspection Act), eggs, and egg 
                        products (as defined in section 4 of the Egg 
                        Products Inspection Act)'' after ``article 
                        after its introduction into commerce'';
                    (C) in paragraph (5), by inserting ``ambient and 
                indoor'' after ``includes water,'';
                    (D) in paragraph (7), by inserting ``, except for 
                demonstrated use solely as a pesticide (as defined in 
                the Federal Insecticide, Fungicide, and Rodenticide 
                Act), food, food additive, drug, cosmetic, or device 
                (as such terms are defined in section 201 of the 
                Federal Food, Drug, and Cosmetic Act) and including 
                poultry, poultry products, meat, meat food products (as 
                defined in section 1(j) of the Federal Meat Inspection 
                Act), eggs, and egg products (as defined in section 4 
                of the Egg Products Inspection Act)'' after ``produce, 
                or manufacture'';
                    (E) in paragraph (9), by striking ``which is not 
                included in the chemical substance list compiled and 
                published under section 8(b)'' and inserting ``for 
                which no declaration has been submitted under section 
                8(a)(2), except that, with respect to the first year 
                after the date of enactment of the Toxic Chemicals 
                Safety Act of 2010, such term shall not include a 
                chemical substance distributed in commerce as of such 
                date of enactment'';
                    (F) in paragraph (10), after subparagraph (B), by 
                adding the following:
        ``Except such term shall not include preparation for 
        demonstrated use solely as a pesticide (as defined in the 
        Federal Insecticide, Fungicide, and Rodenticide Act), food, 
        food additive, drug, cosmetic, or device (as such terms are 
        defined in section 201 of the Federal Food, Drug, and Cosmetic 
        Act) and including poultry, poultry products, meat, meat food 
        products (as defined in section 1(j) of the Federal Meat 
        Inspection Act), eggs, and egg products (as defined in section 
        4 of the Egg Products Inspection Act). Relabeling or 
        redistributing a container holding a chemical substance or 
        mixture where no repackaging of the chemical substance or 
        mixture occurs does not constitute processing of the chemical 
        substance or mixture. Relabeling, redistributing, or 
        repackaging an article containing a chemical substance or 
        mixture, including incorporating the article into another 
        article, does not constitute processing of the chemical 
        substance or mixture.''.
                    (G) by striking paragraph (12) and redesignating 
                paragraphs (13) and (14) as paragraphs (12) and (13), 
                respectively; and
                    (H) by adding at the end the following new 
                paragraphs:
            ``(14) The term `adverse effect' means a chemical or 
        biochemical change, anatomic change, or functional impairment, 
        or a known precursor to such a change or impairment, that--
                    ``(A) has the potential to impair the performance 
                of an anatomic structure of a vital system of an 
                organism or progeny of an organism;
                    ``(B) causes irreversible change in the homeostasis 
                of an organism;
                    ``(C) increases the susceptibility of an organism 
                or progeny of an organism to other chemical or 
                biological stressors or reduces the ability of an 
                organism or progeny of an organism to respond to 
                additional health or environmental challenges; or
                    ``(D) affects, alters, or harms the environment 
                such that the health of humans or other organisms is 
                directly or indirectly threatened.
        In order to reflect best available science, the Administrator 
        may, by rule, revise the definition of such term for purposes 
        of this Act in such a way that reflects the state of the 
        science and provides for equal or greater protection of health 
        and the environment.
            ``(15) The term `aggregate exposure' means all exposure 
        from--
                    ``(A) manufacture, processing, distribution, use, 
                and disposal;
                    ``(B) manufacturing or processing of the substance 
                for use as a pesticide, food, food additive, drug, 
                cosmetic, or device;
                    ``(C) contamination of food, air, water, soil, 
                house dust, and any other environmental media from 
                current or prior uses or activity;
                    ``(D) permitted sources of pollution;
                    ``(E) nonpoint sources of pollution; and
                    ``(F) documented background levels from natural and 
                anthropogenic sources.
            ``(16) The term `bioaccumulative' means, with respect to a 
        chemical substance or mixture, that the chemical substance or 
        mixture, as determined by the Administrator, can significantly 
        accumulate in biota, as indicated through monitoring data, or 
        is highly likely to accumulate in biota, as indicated by other 
        evidence. In order to reflect best available science, the 
        Administrator may, by rule, revise the definition of such term 
        for purposes of this Act in such a way that reflects the state 
        of the science and provides for equal or greater protection of 
        health and the environment.
            ``(17) The term `chemical identity' means, with respect to 
        a chemical substance--
                    ``(A) each common and trade name of the chemical 
                substance;
                    ``(B) the name of the chemical substance appearing 
                in International Union of Pure and Applied Chemistry 
                nomenclature and 9th Collective Index format;
                    ``(C) the Chemical Abstracts Service registration 
                number of the chemical substance; and
                    ``(D) the molecular structure and the molecular 
                identity of the chemical substance.
            ``(18) The term `cumulative exposure' means the sum of 
        aggregate exposure to--
                    ``(A) each of the chemical substances that are 
                known or, where supported by scientific consensus, 
                suspected to contribute appreciably to the risk of the 
                same adverse effect; and
                    ``(B) mixtures containing chemical substances 
                described in subparagraph (A).
            ``(19) The term `Federal agency' means any department, 
        agency, or other instrumentality of the Federal Government, any 
        independent agency or establishment of the Federal Government 
        including any Government corporation, and the Government 
        Printing Office.
            ``(20) The term `importer' means any person who imports a 
        chemical substance or mixture, or any article containing a 
        chemical substance or mixture, for distribution in commerce.
            ``(21) The term `persistent' means, with respect to a 
        chemical substance or mixture, that the chemical substance or 
        mixture, as determined by the Administrator, significantly 
        persists in 1 or more environmental media, as indicated by 
        monitoring data or other evidence. In order to reflect best 
        available science, the Administrator may, by rule, revise the 
        definition of such term for purposes of this Act in such a way 
        that reflects the state of the science and provides for equal 
        or greater protection of health and the environment.
            ``(22) The term `substance characteristic' means, with 
        respect to a particular chemical substance, the physical and 
        chemical characteristics that may vary for such substance, and 
        whose variation may bear on the toxicological properties or the 
        exposure potential of the substance, including--
                    ``(A) structure and composition;
                    ``(B) size or size distribution;
                    ``(C) shape;
                    ``(D) surface structure;
                    ``(E) reactivity; and
                    ``(F) other characteristics and properties that may 
                bear on toxicological properties or exposure potential.
            ``(23) The term `toxic', with respect to a chemical 
        substance or mixture, means that the chemical substance or 
        mixture, or a metabolite or degradation product of such 
        substance or mixture, has a toxicological property--
                    ``(A) that causes an adverse effect that has been 
                demonstrated in humans or other organisms; or
                    ``(B) for which the weight of evidence (such as 
                demonstration of such an adverse effect as described in 
                subparagraph (A) in laboratory studies or data for a 
                chemical from the same chemical class that exhibits 
                such an adverse effect) demonstrates the potential for 
                an adverse effect in humans or other organisms.
            ``(24) The term `toxicological property' means established 
        toxicity, adverse effects, or established precursors to such 
        toxicity or adverse effects, including effects of exposure to a 
        chemical substance or mixture on--
                    ``(A) mortality;
                    ``(B) morbidity, including carcinogenesis;
                    ``(C) genetics, including mutagenicity, 
                genotoxicity, and epigenetics;
                    ``(D) reproduction;
                    ``(E) growth and development;
                    ``(F) the immune system;
                    ``(G) the endocrine system;
                    ``(H) the brain or nervous system;
                    ``(I) other organ systems; or
                    ``(J) any other biological functions in humans or 
                other organisms.
            ``(25) The term `use' means any utilization of a chemical 
        substance or mixture that is not otherwise covered by the terms 
        manufacture or process, and may include--
                    ``(A) any composition of the chemical substance 
                with other chemical substances;
                    ``(B) any group of utilizations determined by the 
                Administrator to be a single use under subsection 
                (b)(2).
        Relabeling or redistributing a container holding a chemical 
        substance or mixture where no repackaging of the chemical 
        substance or mixture occurs does not constitute use of the 
        chemical substance or mixture.
            ``(26) The term `vulnerable population' means a population 
        that is subject to a disproportionate exposure to, or potential 
        for a disproportionate adverse effect from exposure to, a 
        chemical substance or mixture, including--
                    ``(A) infants, children, and adolescents;
                    ``(B) pregnant women (including effects on fetal 
                development);
                    ``(C) the elderly;
                    ``(D) individuals with preexisting medical 
                conditions;
                    ``(E) workers; and
                    ``(F) members of any other appropriate population 
                identified by the Administrator based on consideration 
                of--
                            ``(i) socioeconomic status;
                            ``(ii) racial or ethnic background;
                            ``(iii) culturally influenced dietary or 
                        other practices or factors; or
                            ``(iv) other similar factors identified by 
                        the Administrator.''; and
            (3) by adding at the end the following new subsection:
    ``(b) Determinations.--
            ``(1) The Administrator may determine different forms of a 
        chemical substance with a particular molecular identity to be 
        different chemical substances for purposes of this Act, based 
        on variations in the substance characteristics. New forms of 
        existing chemical substances so determined shall be considered 
        new chemical substances for purposes of this Act.
            ``(2) The Administrator may determine different uses of a 
        chemical substance or mixture to be the same use for purposes 
        of this Act, based on industry classification systems or 
        factors determined by the Administrator to indicate similarity 
        in use and exposure, provided that such systems or factors 
        ensure that the different uses treated as the same use under 
        this paragraph do not involve materially different patterns, 
        pathways, or degrees of exposure.''.
    (b) Conforming Amendment.--The table of contents for the Toxic 
Substances Control Act is amended by amending the item relating to 
section 3 to read as follows:

``Sec. 3. Definitions and Determinations.''.

SEC. 4. MINIMUM DATA SET AND TESTING OF CHEMICAL SUBSTANCES AND 
              MIXTURES.

    Section 4 of the Toxic Substances Control Act (15 U.S.C. 2603) is 
amended as follows:
            (1) By amending subsection (a) to read as follows:
    ``(a) Minimum Data Set.--
            ``(1) Not later than 1 year after the date of enactment of 
        the Toxic Chemicals Safety Act of 2010, the Administrator shall 
        establish, by rule, the data that constitute the minimum data 
        set for substances described in paragraph (2). The rule shall--
                    ``(A) require manufacturers and processors to 
                submit a minimum data set that the Administrator 
                determines will be useful in conducting safety standard 
                determinations pursuant to section 6(b) or carrying out 
                any provision of this Act, and shall include 
                information on--
                            ``(i) chemical identity;
                            ``(ii) substance characteristics;
                            ``(iii) biological and environmental fate 
                        and transport;
                            ``(iv) toxicological properties;
                            ``(v) volume manufactured, processed, or 
                        imported;
                            ``(vi) intended uses; and
                            ``(vii) exposures from all stages of the 
                        chemical substance or mixture's lifecycle that 
                        are known or reasonably foreseeable to the 
                        party submitting the data set;
                    ``(B) provide for varied or tiered testing;
                    ``(C) establish requirements for manufacturers and 
                processors to update their minimum data set 
                submissions, as appropriate; and
                    ``(D) be updated by the Administrator not less 
                often than once every 5 years.
            ``(2) Except as provided in paragraph (3), the 
        manufacturers and processors of a chemical substance or mixture 
        shall submit the minimum data set established by the rule under 
        paragraph (1), accompanied by the certification described in 
        section 8(i), to the Administrator--
                    ``(A) for an existing chemical substance or 
                mixture, not later than the earlier of--
                            ``(i) 18 months after the date on which the 
                        Administrator lists the chemical substance or 
                        mixture on the priority list under section 
                        6(a); or
                            ``(ii) for chemical substances produced--
                                    ``(I) at high volumes, as 
                                determined by the Administrator, 3 
                                years after the date of enactment of 
                                the Toxic Chemicals Safety Act of 2010;
                                    ``(II) at moderate volumes, as 
                                determined by the Administrator, 4 
                                years after the date of enactment of 
                                the Toxic Chemicals Safety Act of 2010; 
                                or
                                    ``(III) at low volumes, as 
                                determined by the Administrator, 5 
                                years after the date of enactment of 
                                the Toxic Chemicals Safety Act of 2010; 
                                or
                    ``(B) for a new chemical substance, the date on 
                which the notice required under section 5(a)(1)(A) is 
                submitted.
            ``(3) No minimum data set shall be required to be submitted 
        by manufacturers and processors of a chemical substance listed 
        under section 6(a)(1)(A) or exempted from the requirement 
        pursuant to section 39 or section 32 or for a safer alternative 
        approved pursuant to section 35.
            ``(4) If a manufacturer or processor is in violation of 
        paragraph (2), the Administrator may impose penalties, pursuant 
        to section 16, on such manufacturer or processor, or, by order, 
        impose conditions, including prohibitions, on the manufacture, 
        processing, or distribution in commerce of the chemical 
        substance, or any mixture or article containing the chemical 
        substance, by such manufacturer or processor.''.
            (2) In subsection (b)--
                    (A) by redesignating paragraphs (2) and (3) as 
                paragraphs (4) and (5), respectively;
                    (B) by redesignating paragraphs (4) and (5) as 
                paragraphs (7) and (8), respectively;
                    (C) in paragraph (1)--
                            (i) by striking ``A rule under subsection 
                        (a) shall include'' and all that follows 
                        through ``during the period prescribed under 
                        subparagraph (C)''; and
                    (D) by striking the following:
    ``(b)(1) Testing requirement rule.--'' and inserting the following:
    ``(b) Testing Rules and Orders.--
            ``(1) The Administrator may, by rule or order, after notice 
        and opportunity for comment, require testing in addition to the 
        requirements for the minimum data set under subsection (a) with 
        respect to any chemical substance or mixture and the submission 
        of test results by a specified date, as necessary for making a 
        safety standard determination under section 6(b) or carrying 
        out any provision of this Act.
            ``(2) If a manufacturer or processor is in violation of 
        paragraph (1), the Administrator may impose penalties, pursuant 
        to section 16, on such manufacturer or processor, or, by order, 
        impose conditions, including prohibitions, on the manufacture, 
        processing, or distribution in commerce of the chemical 
        substance, or any mixture or article containing the chemical 
        substance, by such manufacturer or processor.
            ``(3) A rule or order under paragraph (1) shall include--
                    ``(A) identification of the chemical substance or 
                mixture for which testing is required;
                    ``(B) the testing required and justification for 
                such testing, and may specify test protocols and 
                methodology for testing for such substance or mixture 
                in accordance with section 34(c); and
                    ``(C) a specification of the period (which period 
                may not be of unreasonable duration) within which the 
                persons required to conduct the testing shall submit to 
                the Administrator data developed in accordance with a 
                methodology referred to in subparagraph (B).
        In determining the testing, test protocols, and methodology, 
        and period to be included, pursuant to subparagraphs (B) and 
        (C), in a rule or order under paragraph (1), the Administrator 
        shall consider the relative costs of the various test protocols 
        and methodologies which may be required under the rule or order 
        and the reasonably foreseeable availability of the facilities 
        and personnel needed to perform the testing required under the 
        rule or order. Any such rule or order may require the 
        submission to the Administrator of preliminary data during the 
        period prescribed under subparagraph (C).'';
                    (E) by amending paragraph (4), as redesignated by 
                subparagraph (A) of this paragraph, to read as follows:
    ``(4)(A)(i) The health and environmental effects for which testing 
may be prescribed include any toxicological property and any other 
adverse effect which may be considered in a safety standard 
determination under section 6(b).
            ``(ii) The exposure information for which testing may be 
        prescribed includes biological or environmental fate and 
        transport, monitoring for the presence of the chemical 
        substance or mixture (or a metabolite or degradation byproduct 
        of the chemical substance or mixture) in animal or human 
        biological media or environmental media, and any other exposure 
        information which may be considered in a safety standard 
        determination under section 6(b).
            ``(iii) The characteristics of chemical substances and 
        mixtures for which testing may be prescribed include 
        persistence, bioaccumulation, and any other relevant substance 
        characteristic which may be considered in a safety standard 
        determination under section 6(b).
    ``(B) The methodologies that may be prescribed in testing include 
epidemiologic studies, industrial hygiene surveys, biomonitoring 
studies, serial or hierarchical tests, in vitro tests, and whole animal 
tests consistent with section 34, except that before prescribing 
epidemiologic studies or industrial hygiene surveys of employees, the 
Administrator shall consult with the Director of the National Institute 
for Occupational Safety and Health.
    ``(C) From time to time, but not less than once each 12 months, the 
Administrator shall review the adequacy of the methodology for testing 
prescribed in rules or orders under paragraph (1) and shall, if 
necessary, institute proceedings to make appropriate revisions of such 
methodology.'';
                    (F) in paragraph (5), as redesignated by 
                subparagraph (A) of this paragraph--
                            (i) by striking subparagraph (B);
                            (ii) by striking ``(A) A rule under 
                        subsection (a) respecting a chemical substance 
                        or mixture shall require the persons described 
                        in subparagraph (B)'' and inserting ``A rule or 
                        order under paragraph (1) respecting a chemical 
                        substance or mixture shall specify the persons 
                        required''; and
                            (iii) by inserting ``in which case all 
                        parties remain individually liable for the 
                        testing requirements'' after ``on behalf of the 
                        persons making the designation'';
                    (G) by inserting after paragraph (5), as 
                redesignated by subparagraph (A) of this paragraph, the 
                following new paragraph:
    ``(6) Any biomonitoring study of the public regarding a chemical 
substance or any metabolite or degradation byproduct of such substance 
shall be conducted by the Director of the Centers for Disease Control 
and Prevention in collaboration with the Administrator, at the expense 
of the manufacturers and processors of the chemical substance. Any 
biomonitoring study of employees regarding a chemical substance or any 
metabolite or degradation byproduct of such substance may be conducted 
by the relevant employer, at the expense of the manufacturers and 
processors of the chemical substance, in collaboration with the 
Director of the National Institute of Occupational Safety and Health 
and the Administrator.'';
                    (H) in paragraph (7), as redesignated by 
                subparagraph (B) of this paragraph--
                            (i) by striking ``under subsection (a)'' in 
                        both places it appears and inserting ``or order 
                        under paragraph (1)'';
                            (ii) by striking ``repeals the rule'' in 
                        both places it appears and inserting 
                        ``withdraws the rule or order''; and
                            (iii) by striking ``repeals the application 
                        of the rule'' and inserting ``withdraws the 
                        rule or order as applied''; and
                    (I) by amending paragraph (8), as redesignated by 
                subparagraph (B) of this paragraph, to read as follows:
    ``(8) Rules issued under subsection (a) and paragraph (1) (and any 
substantive amendment thereto or repeal thereof) shall be promulgated 
pursuant to section 553 of title 5, United States Code.''.
            (3) In subsection (c)--
                    (A) in paragraph (1)--
                            (i) by inserting ``or order'' after 
                        ``rule''; and
                            (ii) by striking ``subsection (a)'' and 
                        inserting ``subsection (a) or (b)(1)'';
                    (B) in paragraph (2)--
                            (i) by striking ``under subsection (a)'' 
                        and inserting ``under subsection (b)(1)''; and
                            (ii) by inserting ``or order'' after 
                        ``rule'' each place it appears;
                    (C) in paragraph (3)(B)(i), by striking 
                ``promulgated under subsection (a)'' and inserting ``or 
                order issued under subsection (b)(1)'';
                    (D) in paragraph (4)--
                            (i) in subparagraph (A)--
                                    (I) by striking ``promulgated under 
                                subsection (a)'' and inserting ``issued 
                                under subsection (b)(1)''; and
                                    (II) by inserting ``or order'' 
                                after ``rule'' each place it appears; 
                                and
                            (ii) in subparagraph (B)--
                                    (I) by striking ``promulgated under 
                                subsection (a)'' and inserting ``or 
                                order issued under subsection (b)(1)''; 
                                and
                                    (II) by inserting ``or order'' 
                                after ``such rule''; and
                                    (III) by inserting ``or order'' 
                                after ``requirements of the rule''; and
                    (E) by adding at the end the following new 
                paragraph:
            ``(5) If a manufacturer or processor has submitted a 
        declaration of permanent cessation of manufacture or processing 
        under section 8(a)(3) for a chemical substance or mixture, the 
        manufacturer or processor shall be exempted from the 
        requirements of this section with regard to such chemical 
        substance or mixture.''.
            (4) In subsection (d)--
                    (A) by striking ``under subsection (a)'' and 
                inserting ``or order issued under subsection (a) or 
                (b)(1)'';
                    (B) by inserting ``Such notice shall not be 
                interpreted as meeting the requirements of the rule or 
                order, unless otherwise indicated.'' before ``Subject 
                to section 14, each notice shall''; and
                    (C) by inserting ``and be added to the public 
                database established pursuant to section 8(d)'' after 
                ``Administrator for examination by any person''.
            (5) In subsection (e)--
                    (A) in the subsection heading, by striking 
                ``Priority List'' and inserting ``Interagency Testing 
                Committee'';
                    (B) in paragraph (1)--
                            (i) in subparagraph (A)--
                                    (I) by striking ``for the 
                                promulgation of a rule under subsection 
                                (a)'' and inserting ``for listing under 
                                section 6(a)(1) and promulgation of 
                                testing rules or orders under 
                                subsection (b)(1)'';
                                    (II) in clause (v), by striking 
                                ``an unreasonable'' and inserting ``a 
                                substantial''; and
                                    (III) in the matter following 
                                clause (viii)--
                                            (aa) by striking ``cancer, 
                                        gene mutations, or birth 
                                        defects'' and inserting 
                                        ``adverse effects on health or 
                                        the environment'';
                                            (bb) by striking ``under 
                                        subsection (a)'' each place it 
                                        appears and inserting ``under 
                                        subsection (b)(1)''; and
                                            (cc) by striking ``The 
                                        total number of chemical 
                                        substances and mixtures on the 
                                        list which are designated under 
                                        the preceding sentence may not, 
                                        at any time, exceed 50.''; and
                            (ii) in subparagraph (B), by striking 
                        ``rulemaking proceeding under subsection (a)'' 
                        and inserting ``proceeding to promulgate a rule 
                        or issue an order under subsection (b)(1)''; 
                        and
                    (C) in paragraph (2)(A)--
                            (i) by striking ``eight members'' and 
                        inserting ``10 members''; and
                            (ii) by adding at the end the following new 
                        clauses:
                    ``(ix) One member appointed by the Commissioner of 
                the Food and Drug Administration from officers or 
                employees of the Administration.
                    ``(x) One member appointed by the Chairman of the 
                Consumer Product Safety Commission from officers or 
                employees of the Commission.''.
            (6) By amending subsection (f) to read as follows:
    ``(f) Requests From Other Federal Agencies for Additional 
Information or Testing.--
            ``(1) In general.--If a Federal agency determines that 
        information relating to a chemical substance or mixture, 
        including data derived from new testing or monitoring, would 
        assist such agency in carrying out duties or exercising 
        authority of such agency, but such information is not available 
        to the agency, such agency may request the Administrator to 
        seek such information on its behalf.
            ``(2) Duty of administrator.--Not later than 60 days after 
        the date of receipt of a request under paragraph (1), the 
        Administrator shall--
                    ``(A) if in possession of the requested data, make 
                such data available to the requesting agency, subject 
                to section 14;
                    ``(B) issue an order, under section 8(b)(1), 
                requiring the submission of existing data to the 
                requesting agency and to the Administrator;
                    ``(C) issue a rule or order, under subsection (b), 
                to develop such data, and require such data be 
                furnished to the requesting agency and to the 
                Administrator; or
                    ``(D) publish in the Federal Register the reason 
                for not taking any of the actions described in 
                subparagraphs (A) through (C).''.
            (7) By striking subsection (g).

SEC. 5. MANUFACTURING AND PROCESSING NOTICES.

    Section 5 of the Toxic Substances Control Act (15 U.S.C. 2604) is 
amended as follows:
            (1) By amending subsection (a) to read as follows:
    ``(a) New Chemical Substances and Mixtures and New Uses of Chemical 
Substances and Mixtures.--
            ``(1) Except as provided in subsection (d), no person may 
        manufacture or process a new chemical substance or mixture, or 
        manufacture or process any chemical substance or mixture for a 
        use which the Administrator has determined, in accordance with 
        paragraph (2), is a new use, unless--
                    ``(A) such person submits to the Administrator, at 
                least 90 days before such manufacture or processing, a 
                notice, in accordance with subsection (c) and section 
                8(i), of such person's intention to manufacture or 
                process such chemical substance or mixture and such 
                person complies with any applicable requirement of 
                subsection (b); and
                    ``(B) the Administrator finds that--
                            ``(i) such use is a critical use as 
                        determined pursuant to section 6(e);
                            ``(ii) in the case of a chemical substance 
                        or mixture that has not already been determined 
                        to meet the safety standard under section 6(b), 
                        the chemical substance or mixture meets the 
                        safety standard under section 6(b), with or 
                        without conditions; or
                            ``(iii) in the case of a chemical substance 
                        or mixture that has already been determined to 
                        meet the safety standard under section 6(b) 
                        without inclusion of the proposed new use, the 
                        chemical substance or mixture continues to meet 
                        the safety standard under section 6 for all 
                        intended uses including the new use, with or 
                        without conditions.
            ``(2) A use shall be determined by the Administrator to be 
        new if--
                    ``(A) the chemical substance or mixture has already 
                received a safety standard determination under section 
                6(b) which did not include the use; or
                    ``(B) the proposed use will result in manufacturing 
                or processing of the chemical substance or mixture at a 
                significantly increased volume, as determined by the 
                Administrator, above that considered in the safety 
                standard determination under section 6(b).
            ``(3) Not later than 30 days after the date on which a 
        manufacturer or processor commences manufacturing or processing 
        of a new chemical substance or mixture or commences 
        manufacturing or processing of a chemical substance or mixture 
        for a new use, the manufacturer or processor shall submit to 
        the Administrator a notice of commencement of manufacture or 
        processing.''.
            (2) By amending subsection (b) to read as follows:
    ``(b) Submission of Data for Uses and Manufacturers or Processors 
Not Previously Declared.--
            ``(1) For a chemical substance or mixture which is not new 
        that has not yet received a safety standard determination under 
        section 6(b), any manufacturer or processor who manufactures, 
        processes, or distributes in commerce the chemical substance or 
        mixture for a use that has not previously been declared under 
        section 8(a), shall submit the declaration required by section 
        8(a) within 6 months of initiating manufacture, processing, or 
        distribution, for that use.
            ``(2) Any manufacturer or processor who manufactures, 
        processes, or distributes in commerce a chemical substance for 
        a use that the particular manufacturer or processor has not 
        previously declared under section 8(a), even where such use has 
        previously been declared by another party, shall submit the 
        declaration required by section 8(a) within 6 months of 
        initiating manufacture, processing, or distribution for that 
        use.
            ``(3) For any chemical substance subject to a Significant 
        New Use Rule pursuant to part 721 of title 40, Code of Federal 
        Regulations, as of the date of enactment of the Toxic Chemicals 
        Safety Act of 2010, the requirements of that rule shall apply 
        to all manufacturers and processors of the chemical substance 
        whether or not the Administrator determines a use to be new 
        pursuant to subsection (a), unless and until the chemical 
        substance receives a safety standard determination and, if 
        appropriate, conditions or prohibitions are imposed pursuant to 
        section 6, after which the Significant New Use Rule shall cease 
        to apply.
            ``(4) For a chemical substance or mixture that is subject 
        to a rule or order under section 4, the manufacturer or 
        processor of such chemical for any use which has not previously 
        been declared under section 8 shall submit to the Administrator 
        any data required in accordance with such rule or order with 
        the notice under subsection (a)(1)(A) or the declaration under 
        this subsection, as appropriate.
            ``(5) Not later than 90 days after submission of a notice 
        under subsection (a)(1)(A), and data under paragraph (4), if 
        required, the Administrator shall determine, pursuant to 
        subsection (a)(1)(B), whether the use is a critical use or 
        whether a safety standard determination is required by that 
        paragraph. Not later than 9 months after the date of such 
        determination, the Administrator shall complete any such 
        required safety standard determination. The Administrator's 
        failure to make a determination pursuant to this paragraph in a 
        timely manner shall not be deemed to satisfy subsection 
        (a)(1)(B).''.
            (3) By striking subsection (c) and redesignating subsection 
        (d) as subsection (c).
            (4) By amending subsection (c), as redesignated by 
        paragraph (3) of this section, to read as follows:
    ``(c) Content of Notice; Publications.--The notice required by 
subsection (a)(1)(A) shall include--
            ``(1) the declaration under section 8(a)(2);
            ``(2) the minimum data set, as defined pursuant to section 
        4(a); and
            ``(3) a statement that the chemical substance or mixture is 
        reasonably anticipated to meet or continue to meet the safety 
        standard under section 6(b), and a justification for such 
        statement.
        Such a notice shall be made available, subject to section 14, 
        in the public database established pursuant to section 8(d).'';
            (5) By striking subsections (e), (f), and (g), and 
        redesignating subsections (h) and (i) as subsections (d) and 
        (e), respectively.
            (6) In subsection (d), as redesignated by paragraph (5) of 
        this section--
                    (A) by redesignating paragraphs (1) through (3) as 
                paragraphs (3) through (5), respectively;
                    (B) by redesignating paragraphs (5) and (6) as 
                paragraphs (6) and (7), respectively;
                    (C) by striking paragraph (4);
                    (D) by inserting, before paragraph (3), as 
                redesignated by subparagraph (A) of this paragraph, the 
                following new paragraphs:
            ``(1) Any new chemical substance or new use of a chemical 
        substance or mixture approved pursuant to section 35 as a safer 
        alternative shall be exempt from the requirements of this 
        section.
            ``(2) The Administrator may exempt any new chemical 
        substance or new use of a chemical substance or mixture from 
        the requirements of this section pursuant to section 39.'';
                    (E) in paragraph (3), as redesignated by 
                subparagraph (A) of this paragraph--
                            (i) by inserting ``and by order,'' after 
                        ``upon application,''; and
                            (ii) by striking ``any unreasonable'' and 
                        inserting ``a substantial'';
                    (F) in paragraph (4), as redesignated by 
                subparagraph (A) of this paragraph--
                            (i) by amending subparagraph (A) to read as 
                        follows:
            ``(A) The Administrator shall exempt any person from the 
        requirement to submit data for a chemical substance or mixture 
        pursuant to subsection (b)(4), if upon receipt of an 
        application from such person, the Administrator determines 
        that--
                    ``(i) the chemical substance or mixture with 
                respect to which such application was submitted is 
                equivalent to a chemical substance or mixture for which 
                data has been submitted to the Administrator as 
                required by this Act; and
                    ``(ii) submission of data by the applicant on such 
                substance or mixture would be duplicative of data which 
                has been submitted to the Administrator in accordance 
                with subsection (b)(4).
        No exemption which is granted under this subparagraph with 
        respect to the submission of data for a chemical substance or 
        mixture may take effect before the beginning of the 
        reimbursement period applicable to such data.''; and
                            (ii) in subparagraph (B), by striking 
                        ``subsection (b)(2)'' each place it appears and 
                        inserting ``subsection (b)(4)'';
                    (G) in paragraph (6), as redesignated by 
                subparagraph (B) or this paragraph, by inserting ``, 
                including occupational exposure'' after ``human or 
                environmental exposure''; and
                    (H) in paragraph (7), as redesignated by 
                subparagraph (B) of this paragraph, by striking ``(1) 
                or (5)'' and inserting ``(3) or (6)''.

SEC. 6. PRIORITIZATION, SAFETY STANDARD DETERMINATION, AND RISK 
              MANAGEMENT.

    (a) Safety Standard Determination.--Section 6 of the Toxic 
Substances Control Act (15 U.S.C. 2605) is amended as follows:
            (1) By amending the section heading to read as follows: 
        ``prioritization, safety standard determination, and risk 
        management''.
            (2) By striking subsection (d).
            (3) By redesignating subsections (e) and (f) as subsections 
        (f) and (g), respectively.
            (4) By redesignating subsections (a) through (c) as 
        subsections (c) through (e), respectively.
            (5) By inserting before subsection (c), as redesignated by 
        paragraph (4) of this subsection, the following new 
        subsections:
    ``(a) Priority List for Safety Standard Determinations.--
            ``(1) Establishment of list.--
                    ``(A) As of the date of enactment of the Toxic 
                Chemicals Safety Act of 2010, there shall be 
                established a list of chemical substances for which 
                safety standard determinations under this section shall 
                first be made, which shall consist of the following 
                chemical substances:
                            ``(i) Bisphenol A.
                            ``(ii) Formaldehyde.
                            ``(iii) N-Hexane.
                            ``(iv) Hexavalent chromium.
                            ``(v) Methylene chloride.
                            ``(vi) Trichloroethylene.
                            ``(vii) Vinyl chloride.
                            ``(viii) The following phthalates:
                                    ``(I) Benzylbutyl phthalate.
                                    ``(II) Dibutyl phthalate.
                                    ``(III) Diethylhexyl phthalate.
                                    ``(IV) Di-isodecyl phthalate.
                                    ``(V) Di-isononyl phthalate.
                                    ``(VI) Di-n-hexyl phthalate.
                                    ``(VII) Di-n-octyl phthalate.
                            ``(ix) Perchlorate.
                            ``(x) Tetrachloroethylene.
                            ``(xi) Tris (1,3-dichloro-2-propyl) 
                        phosphate.
                            ``(xii) Tris (2-chloroethyl) phosphate.
                            ``(xiii) Tris (2,3-dibromopropyl) 
                        phosphate.
                    ``(B) Not later than 12 months after the date of 
                enactment of the Toxic Chemicals Safety Act of 2010, 
                the Administrator shall update the list established in 
                subparagraph (A) and publish in the Federal Register, 
                after notice and opportunity for comment, the updated 
                list which shall consist of not fewer than 300 chemical 
                substances, along with a justification for such 
                listing. Chemical substances shall be listed at the 
                Administrator's discretion, based on available 
                scientific evidence and consideration of their hazard, 
                exposure, or risk relative to other chemical 
                substances, aggregate or cumulative exposure, evidence 
                of exposure to humans including presence in human or 
                animal biological and environmental media including in 
                the workplace, use, volume of manufacture, 
                toxicological properties, persistence, bioaccumulation, 
                or other properties indicating risk.
            ``(2) Updating of list.--The Administrator shall--
                    ``(A) remove a chemical substance from the list 
                under paragraph (1) only after the safety standard 
                determination has been made for such chemical substance 
                pursuant to subsection (b); and
                    ``(B) add chemical substances to the list 
                periodically so that the number of chemical substances 
                on the list will not be fewer than 300 at any given 
                time, until such time as all chemical substances 
                manufactured, processed, or distributed in commerce 
                have been listed, have received a safety standard 
                determination, or have been exempted from the 
                requirement to receive a safety standard determination 
                pursuant to section 35 or section 39. Additions to the 
                list shall be consistent with paragraph (1) and, to the 
                extent practicable, based on consideration of hazard, 
                exposure, or risk relative to listed chemical 
                substances. Such additions to the list may be made in 
                response to petitions under section 21 or 
                recommendations from the Interagency Testing Committee 
                under section 4(e).
            ``(3) Mixtures.--The Administrator may add a mixture to the 
        priority list based on available scientific evidence and the 
        considerations for listing described in paragraph (1).
    ``(b)  Safety Standard Determinations.--
            ``(1) Safety standard.--
                    ``(A) The Administrator shall apply, as the safety 
                standard under this title, a standard that takes into 
                account aggregate exposure to a chemical substance or 
                mixture and ensures that, for all intended uses--
                            ``(i) with regard to public health, there 
                        is a reasonable certainty that no harm will 
                        result, including to vulnerable populations; 
                        and
                            ``(ii) the public welfare is protected.
                    ``(B) In making a determination under this 
                subsection, the Administrator shall consider, among 
                other relevant factors---
                            ``(i) the lifecycle of the chemical 
                        substance or mixture; and
                            ``(ii) available information concerning the 
                        cumulative effects of exposure to chemical 
                        substances or mixtures.
            ``(2) Burden of proof.--The manufacturers and processors of 
        a chemical substance or mixture shall bear the burden of 
        proving that the chemical substance or mixture meets the safety 
        standard.
            ``(3) Determination.--
                    ``(A) For each chemical substance or mixture listed 
                under subsection (a), the Administrator shall determine 
                whether the chemical substance or mixture meets the 
                safety standard, taking into account any existing 
                conditions or controls already in effect, or can be 
                made to meet the safety standard through the imposition 
                of additional conditions under subsection (c), and 
                whether intended uses that do not meet the safety 
                standard are critical. In making this determination, 
                the Administrator may consider exposures associated 
                with known or foreseeable uses that are not intended 
                uses identified by the manufacturers and processors of 
                the substance or mixture.
                    ``(B) The determination under subparagraph (A) 
                shall be made in keeping with standards for assessment 
                developed under paragraph (4).
                    ``(C) Except as provided in subparagraph (D), the 
                determination under subparagraph (A) shall be completed 
                and published not later than 30 months after the date 
                on which the chemical substance or mixture is placed on 
                the priority list, or, for a chemical substance listed 
                in subsection (a)(1)(A), not later than 18 months after 
                the date of enactment of the Toxic Chemicals Safety Act 
                of 2010.
                    ``(D) In assessing risk to make the determination 
                under subparagraph (A), the Administrator may require 
                the submission of additional information by the 
                manufacturer or processor. If additional information is 
                required, the determination shall be completed and 
                published not later than 12 months after the submission 
                of all required information. Failure to submit required 
                information in the period specified in section 
                4(b)(3)(C), as applicable, or by such other reasonable 
                deadlines as the Administrator shall establish shall 
                constitute grounds for determining that the chemical 
                substance or mixture does not meet the safety standard.
            ``(4) Standards for assessment of data.--
                    ``(A) Not later than 18 months after the date of 
                enactment of the Toxic Chemicals Safety Act of 2010, 
                the Administrator shall, after providing for notice and 
                opportunity for comment, develop and publish guidance 
                regarding the use of science in making determinations 
                under this subsection. In developing such guidance, the 
                Administrator shall rely upon the recommendations of 
                the National Academy of Sciences report entitled 
                `Science and Decisions'.
                    ``(B) Not later than 5 years after the date of 
                enactment of the Toxic Chemicals Safety Act of 2010, 
                and not less often than once every 5 years thereafter, 
                the Administrator shall review the guidance under this 
                paragraph and may revise the guidance to reflect new 
                scientific developments or understanding.
            ``(5) Publication.--The Administrator shall make publicly 
        available, and enter into the public database established 
        pursuant to section 8(d), the determination made pursuant to 
        paragraph (3) with a list of allowed uses and any conditions on 
        those uses necessary to ensure that the safety standard is met.
            ``(6) Renewal and redetermination.--The determination made 
        pursuant to paragraph (3) regarding a chemical substance or 
        mixture shall remain in effect for 15 years, except that the 
        Administrator shall make a redetermination pursuant to 
        paragraph (3) if a new use of such chemical substance or 
        mixture is proposed under section 5, or new information related 
        to such chemical substance or mixture raises a credible 
        question as to whether the chemical substance or mixture 
        continues to meet the safety standard. The Administrator may 
        renew a determination made pursuant to paragraph (3) for 
        additional 15 year periods. The burden of proof for renewal of 
        a determination or redetermination shall remain with the 
        manufacturers and processors of each chemical substance or 
        mixture.
            ``(7) Failure to meet deadlines.--If the Administrator 
        fails to publish or renew a determination or publish a 
        redetermination by the applicable deadline pursuant to this 
        subsection, the Administrator shall promptly publish notice of 
        such failure in the Federal Register, identifying the chemical 
        substance or mixture and any information gaps that have impeded 
        the determination, shall prohibit new manufacturers or 
        processors or new uses of the chemical substance or mixture 
        until the determination is published, and shall require 
        manufacturers and processors of the chemical substance or 
        mixture to provide, within a reasonable timeframe as determined 
        by the Administrator, written notice to the public, their 
        employees and their commercial customers that a safety standard 
        determination of the chemical substance or mixture is 
        pending.''.
            (6) By amending subsection (c), as redesignated by 
        paragraph (4) of this subsection, to read as follows:
    ``(c) Risk Management.--
            ``(1) Chemical substances and mixtures determined to meet 
        the safety standard without conditions.--A chemical substance 
        or mixture, for which the Administrator has determined, 
        pursuant to subsection (b)(3), that the chemical substance or 
        mixture meets the safety standard without imposition of 
        conditions under this subsection, may be manufactured, 
        processed, and distributed in commerce for uses identified and 
        included in the safety standard determination. The 
        Administrator may make such determination contingent on the 
        continuation of conditions or controls already in effect, if 
        any.
            ``(2) Chemical substances and mixtures determined to meet 
        the safety standard with conditions.--Except as the 
        Administrator determines pursuant to subsection (e), a chemical 
        substance or mixture, for which the Administrator has 
        determined, pursuant to subsection (b)(3), that imposition of 
        conditions under this subsection is required to ensure that the 
        chemical substance or mixture meets the safety standard, shall 
        be subject to conditions on manufacture, processing, use, 
        distribution in commerce, or disposal, as specified by the 
        Administrator. Such conditions shall be identified in a manner 
        that ensures effective and efficient protection of health and 
        the environment and may include:
                    ``(A) A requirement--
                            ``(i) prohibiting the manufacturing, 
                        processing, or distribution in commerce of such 
                        substance or mixture; or
                            ``(ii) limiting the amount of such 
                        substance or mixture which may be manufactured, 
                        processed, or distributed in commerce.
                    ``(B) A requirement--
                            ``(i) prohibiting the manufacture, 
                        processing, or distribution in commerce of such 
                        substance or mixture for--
                                    ``(I) a particular use; or
                                    ``(II) a particular use in a 
                                concentration in excess of a level 
                                specified by the Administrator in the 
                                safety standard determination; or
                            ``(ii) limiting the amount of such 
                        substance or mixture which may be manufactured, 
                        processed, or distributed in commerce for--
                                    ``(I) a particular use; or
                                    ``(II) a particular use in a 
                                concentration in excess of a level 
                                specified by the Administrator in the 
                                safety standard determination.
                    ``(C) A requirement that such substance or mixture, 
                or any article containing such substance or mixture, be 
                marked with or accompanied by clear and adequate 
                warnings and instructions with respect to its use, 
                distribution in commerce, or disposal or with respect 
                to any combination of such activities. The form and 
                content of such warnings and instructions shall be 
                prescribed by the Administrator or by the appropriate 
                agency as determined under section 9, and shall be 
                consistent with the Globally Harmonized System of 
                Labeling and Classification of Chemicals.
                    ``(D) A requirement that manufacturers and 
                processors of such substance or mixture make and retain 
                records of the processes used to manufacture or process 
                such substance or mixture, or any article containing 
                such substance or mixture, and monitor or conduct tests 
                which are reasonable and necessary to assure compliance 
                with the requirements of any rule applicable under this 
                paragraph.
                    ``(E) A requirement prohibiting or otherwise 
                regulating any manner or method of manufacturing, 
                processing, distribution in commerce or commercial use 
                of such substance or mixture.
                    ``(F) A requirement that prescribes specific 
                control measures to reduce occupational exposures shall 
                reflect the industrial hygiene hierarchy of controls.
                    ``(G)(i) A requirement prohibiting or otherwise 
                regulating any manner or method of disposal of such 
                substance or mixture, or of any article containing such 
                substance or mixture, by its manufacturer or processor 
                or by any other person who uses, or disposes of, it for 
                commercial purposes.
                    ``(ii) A requirement under clause (i) may not 
                require any person to take any action which would be in 
                violation of any law or requirement of, or in effect 
                for, a State or political subdivision, and shall 
                require each person subject to it to notify each State 
                and political subdivision or tribe in which a required 
                disposal may occur of such disposal.
                    ``(H) A requirement that the manufacturers and 
                processors of such chemical substance or mixture, or 
                article containing such chemical substance or mixture, 
                develop a risk reduction management plan to achieve a 
                risk reduction specified by the Administrator. For all 
                cases in which a risk reduction management plan 
                requires a reduction in occupational exposure, the 
                specified level or risk reduction is to be achieved 
                through application of the industrial hygiene hierarchy 
                of controls.
        Where the Administrator determines that conditions under this 
        subsection are necessary to ensure that a chemical substance or 
        mixture meets the safety standard, the Administrator shall 
        require that such conditions be met within one year after 
        publication of the determination under subsection (b), or as 
        quickly as feasible and in no case later than 3 years after 
        such publication. The Administrator, in determining the 
        deadline for compliance with conditions pursuant to this 
        subsection, shall consider human health and the environment as 
        the primary and paramount concern, and shall also consider the 
        technological feasibility of compliance, the economic impact of 
        compliance, the benefits of earlier compliance, and other 
        relevant considerations. After the date or dates on which 
        conditions become effective, no person shall manufacture, 
        process, use for commercial purposes, distribute in commerce, 
        or dispose of the chemical substance or mixture, or any article 
        containing such substance or mixture, unless the applicable 
        conditions of the determination are met with respect to that 
        person's activities.
            ``(3) Chemical substances and mixtures determined not to 
        meet the safety standard.--Except as the Administrator 
        determines pursuant to subsection (e):
                    ``(A) If the Administrator determines that an 
                existing chemical substance or mixture has not been 
                proven to meet the safety standard, pursuant to 
                subsection (b)(3), effective 1 year after publication 
                of that determination, or as quickly as feasible and in 
                no case later than 3 years after such publication, no 
                person shall manufacture, process, use for commercial 
                purposes or distribute in commerce the chemical 
                substance or mixture. The Administrator, in determining 
                the deadline for compliance with this subsection, shall 
                consider human health and the environment as the 
                primary and paramount concern, and shall also consider 
                the technological feasibility of compliance, the 
                economic impact of compliance, and other relevant 
                considerations.
                    ``(B) If the Administrator determines that a new 
                chemical substance or mixture has not been proven to 
                meet the safety standard, no person shall manufacture, 
                process, or distribute in commerce the new chemical 
                substance or mixture.
                    ``(C) If the Administrator determines that an 
                existing chemical substance or mixture has not been 
                proven to meet the safety standard for a new use, no 
                person shall manufacture, process, use, or distribute 
                in commerce the existing chemical substance or mixture 
                for the new use.''.
            (7) In subsection (d), as redesignated by paragraph (4) of 
        this subsection, by striking ``present an unreasonable'' each 
        place it appears and inserting ``present a significant''.
            (8) By amending subsection (e), as redesignated by 
        paragraph (4) of this subsection, to read as follows:
    ``(e) Critical Use Exemptions.--
            ``(1) Exemptions from restrictions on manufacture, 
        processing, use, distribution in commerce, or disposal imposed 
        under subsection (c) may be requested for a specific use by a 
        manufacturer or processor of a chemical substance or mixture, 
        and may be granted by the Administrator, after providing public 
        notice and opportunity for comment, if the Administrator 
        determines that the manufacturer or processor has demonstrated 
        by clear and convincing evidence that--
                    ``(A)(i) an exemption for the specific use is in 
                the paramount interest of national security as 
                determined under section 22;
                    ``(ii) the restriction would significantly disrupt 
                the national economy; or
                    ``(iii) the specific use is a critical or essential 
                use; and
                    ``(B)(i) no feasible safer alternative for the 
                specified use is available; or
                    ``(ii) the specified use of the chemical substance 
                or mixture provides a net benefit to health or the 
                environment when compared to all available 
                alternatives.
            ``(2) Exemptions granted under paragraph (1) shall expire 
        after a period not to exceed 5 years, but may be renewed for 
        one or more additional 5 year periods if the Administrator 
        finds that the use continues to meet the requirements of 
        paragraph (1).
            ``(3) Notice of any exemption granted under this subsection 
        shall be provided--
                    ``(A) to known commercial purchasers by the 
                manufacturers and processors of the subject chemical 
                substance or mixture; and
                    ``(B) to the public by the Administrator.
            ``(4) The Administrator shall impose conditions on any use 
        receiving an exemption under this subsection to reduce risk 
        from the chemical substance or mixture to the greatest extent 
        feasible. Such conditions shall take effect upon the granting 
        of such exemption under paragraph (1). For cases in which such 
        conditions are related to occupational exposure, exposure shall 
        be controlled through application of the industrial hygiene 
        hierarchy of controls.''.
            (9) In subsection (f), as redesignated by paragraph (3) of 
        this subsection--
                    (A) in paragraph (2), by striking ``an unreasonable 
                risk of injury to health or the environment'' and 
                inserting ``a substantial risk of injury to health or 
                the environment, and will comply with section 37 and 
                any regulations prescribed thereunder'';
                    (B) in paragraph (3)(B)--
                            (i) in clause (i)--
                                    (I) by striking ``an unreasonable'' 
                                and inserting ``a substantial''; and
                                    (II) by striking ``, and'' and 
                                inserting a semicolon;
                            (ii) in clause (ii)--
                                    (I) by striking ``which does not 
                                present an unreasonable risk of injury 
                                to health or the environment'' and 
                                inserting ``that meets the safety 
                                standard under subsection (b)''; and
                                    (II) by inserting ``and'' after 
                                ``biphenyl;''; and
                            (iii) by adding at the end the following 
                        new clause:
                            ``(iii) the terms of the exemption will 
                        comply with section 37 and any regulations 
                        prescribed thereunder.'';
                    (C) by striking paragraph (4); and
                    (D) by redesignating paragraph (5) as paragraph 
                (4).
    (b) Conforming Amendment.--The table of contents for the Toxic 
Substances Control Act is amended by amending the item relating to 
section 6 to read as follows:

``Sec. 6. Prioritization, safety standard determination, and risk 
                            management.''.

SEC. 7. IMMINENT HAZARDS.

    Section 7 of the Toxic Substances Control Act (15 U.S.C. 2606) is 
amended as follows:
            (1) By amending subsection (a) to read as follows:
    ``(a) Actions Authorized and Required.--
            ``(1) Civil action.--The Administrator may commence a civil 
        action in an appropriate district court of the United States 
        for--
                    ``(A) seizure of a chemical substance or mixture or 
                any article containing such a substance or mixture, 
                that may present an imminent and substantial 
                endangerment to health or the environment;
                    ``(B) relief (as authorized by subsection (b)) 
                against any person who manufactures, processes, 
                distributes in commerce, uses, or disposes of, a 
                chemical substance or mixture or any article containing 
                such a substance or mixture, that may present an 
                imminent and substantial endangerment to health or the 
                environment; or
                    ``(C) both such seizure described in subparagraph 
                (A) and relief described in subparagraph (B).
            ``(2) Other actions.--The Administrator may issue such 
        orders as may be necessary to protect health or the environment 
        from a chemical substance or mixture or article containing such 
        substance or mixture that may present an imminent and 
        substantial endangerment to health or the environment. Such 
        orders may include any requirements on the manufacture, 
        processing, distribution in commerce, use, or disposal of a 
        chemical substance or mixture, or article containing such 
        substance or mixture, as the Administrator determines are 
        necessary to protect health or the environment, including the 
        conditions that may be imposed under section 6(c)(2) and the 
        relief authorized in subsection (b) of this section.
            ``(3) Relationship to existing rules, orders, and 
        proceedings.--A civil action may be commenced under paragraph 
        (1) or other action may be taken under paragraph (2), 
        notwithstanding the existence of a rule or order under this Act 
        and notwithstanding the pendency of any administrative or 
        judicial proceeding under this Act.''.
            (2) In subsection (b)--
                    (A) in paragraph (1)--
                            (i) by striking ``subsection (a)'' and 
                        inserting ``subsection (a)(1)''; and
                            (ii) by striking ``unreasonable risk'' and 
                        inserting ``imminent and substantial 
                        endangerment'';
                    (B) in paragraph (2)--
                            (i) by striking ``subsection (a)'' and 
                        inserting ``subsection (a)(1)'';
                            (ii) by striking ``or distributes in 
                        commerce'' and inserting ``distributes in 
                        commerce, uses, or disposes of'';
                            (iii) by striking ``risk'' each place it 
                        appears and inserting ``hazard''; and
                            (iv) by striking ``or (E)'' and inserting 
                        ``(E) conditions that may be imposed under 
                        section 6(c); or (F)''; and
                    (C) in paragraph (3), by striking ``subsection 
                (a)'' and inserting ``subsection (a)(1)''.
            (3) In subsection (c), by striking ``subsection (a)'' each 
        place it appears and inserting ``subsection (a)(1)''.
            (4) By amending subsection (d) to read as follows:
    ``(d) Action Under Section 6.--As appropriate, concurrently with 
the filing of an action under subsection (a)(1) or as soon thereafter 
as may be practicable, the Administrator shall add the subject chemical 
substance or mixture to the priority list under section 6(a) or 
initiate a redetermination of whether the subject chemical substance or 
mixture meets the safety standard under section 6(b).''.
            (5) In subsection (e), by striking ``subsection (a)'' and 
        inserting ``subsection (a)(1)''.
            (6) By striking subsection (f).

SEC. 8. REPORTING AND RETENTION OF INFORMATION.

    Section 8 of the Toxic Substances Control Act (15 U.S.C. 2607) is 
amended--
            (1) by striking subsection (a) and redesignating subsection 
        (b) as subsection (c);
            (2) by redesignating subsection (e) as subsection (h);
            (3) by redesignating subsection (c) as subsection (e);
            (4) by striking subsection (d);
            (5) by redesignating subsection (f) as subsection (j);
            (6) by inserting before subsection (c), as redesignated by 
        paragraph (1) of this section, the following new subsections:
    ``(a) Declarations.--
            ``(1) In general.--(A) Each manufacturer or processor of a 
        chemical substance distributed in commerce shall submit to the 
        Administrator a declaration described in paragraph (2) or (3), 
        accompanied by the certification described in subsection (i), 
        not later than 1 year after the date of enactment of the Toxic 
        Chemicals Safety Act of 2010 or 1 year after commencement of 
        such manufacturing or processing, whichever is earlier.
            ``(B) The Administrator may additionally require submission 
        of a declaration described in paragraph (2) or (3), accompanied 
        by the certification described in subsection (i), from any 
        manufacturer or processor of a mixture determined by the 
        Administrator to have substance characteristics different from 
        the substance characteristics of the constituent chemical 
        substances, in kind or degree.
            ``(2) Declaration of current manufacture or processing.--A 
        declaration described in this paragraph is a statement that 
        includes, for each chemical substance or mixture that is 
        manufactured or processed by a manufacturer or processor--
                    ``(A) the chemical identity of the chemical 
                substance or mixture;
                    ``(B) the name and location of each facility under 
                the control of the manufacturer or processor at which 
                the chemical substance or mixture is manufactured or 
                processed or from which the chemical substance or 
                mixture is distributed in commerce;
                    ``(C) the number of individuals exposed, and 
                reasonable estimates of the number who will be exposed, 
                to such substance or mixture in their places of 
                employment and the duration of such exposure;
                    ``(D) a list of health and safety studies conducted 
                or initiated by or for, known to, or reasonably 
                ascertainable by the manufacturer or processor with 
                respect to the chemical substance or mixture, and 
                copies of any such studies that have not previously 
                been submitted to the Administrator by the manufacturer 
                or processor; and
                    ``(E) all other information known to, in the 
                possession or control of, or reasonably ascertainable 
                by the manufacturer or processor that has not 
                previously been submitted to the Administrator by the 
                manufacturer or processor regarding--
                            ``(i) the physical, chemical, and 
                        toxicological properties of the chemical 
                        substance or mixture, including classification 
                        of the toxicity of the chemical in accordance 
                        with the Globally Harmonized System for Hazard 
                        Communication;
                            ``(ii) the categories or proposed 
                        categories of intended use of each such 
                        substance or mixture;
                            ``(iii) the total amount of each substance 
                        and mixture manufactured or processed, 
                        reasonable estimates of the total amount to be 
                        manufactured or processed, the amount 
                        manufactured or processed for each of its 
                        categories of use, and reasonable estimates of 
                        the amount to be manufactured or processed for 
                        each of its categories of use or proposed 
                        categories of use;
                            ``(iv) a description of the byproducts 
                        resulting from the manufacture, processing, 
                        use, or disposal of each such substance or 
                        mixture;
                            ``(v) exposure information relating to the 
                        chemical substance or mixture;
                            ``(vi) any condition or conditions 
                        currently placed on the chemical substance or 
                        mixture due to regulation under any Federal law 
                        or due to voluntary action; and
                            ``(vii) for a processor of a chemical 
                        substance, any information indicating that a 
                        mixture including the chemical substance has 
                        substance characteristics that are different 
                        from the substance characteristics of the named 
                        chemical substances, in kind or degree.
                To the extent feasible, the Administrator shall not 
                require under paragraph (1), any reporting which is 
                unnecessary or duplicative.
            ``(3) Declaration of permanent cessation of manufacturing 
        or processing.--A manufacturer or processor that permanently 
        ceases manufacture or processing of a chemical substance or 
        mixture shall file a declaration certifying that the 
        manufacturer or processor has permanently ceased all 
        manufacturing or processing of the chemical substance or 
        mixture, not later than 180 days after cessation is complete. A 
        declaration under this paragraph may be filed based on an 
        intention to permanently cease manufacture or processing, in 
        which case such cessation must be completed not later than 180 
        days after the declaration is filed.
            ``(4) Updating of declaration.--Each manufacturer or 
        processor of a chemical substance or mixture that submits to 
        the Administrator a declaration required under paragraph (2) 
        shall submit an update of the previously submitted declaration 
        to the Administrator, at a minimum, once every 3 years, and 
        immediately, at any time at which there becomes known or 
        available to, in the possession or control of, or reasonably 
        ascertainable by the manufacturer or processor, significant new 
        information regarding a physical, chemical, toxicological 
        property or use of, or exposure to, the chemical substance or 
        mixture, indicating a new potential adverse effect of the 
        chemical substance or mixture, suggesting an adverse effect at 
        a lower dose than previously demonstrated, or otherwise 
        reasonably relevant to an analysis of whether the chemical 
        substance or mixture meets the safety standard under section 6.
            ``(5) Records to support declarations.--Each manufacturer 
        or processor of a chemical substance, substance, or mixture, as 
        applicable, distributed in commerce shall maintain records of 
        the information described in subparagraphs (A) through (E) of 
        paragraph (2).
            ``(6) Prohibition.--The Administrator may impose penalties, 
        pursuant to section 16, on a manufacturer or processor in 
        violation of paragraphs (1) or (4), or, by order, prohibit, or 
        otherwise impose conditions under section 6(c), on the 
        manufacture, processing, or distribution in commerce of a 
        chemical substance or mixture, or any article containing such 
        chemical substance or mixture, by a manufacturer or processor 
        in violation of such paragraphs.
    ``(b) Recordkeeping and Reports.--
            ``(1) The Administrator may, by rule or order, require any 
        person who manufactures, processes, distributes in commerce, 
        uses for commercial purposes, repackages, or disposes of a 
        chemical substance, mixture, or article containing such 
        substance or mixture (other than as described in paragraph (2)) 
        to maintain records of and submit reports by a specified date, 
        to supply any information concerning the chemical substance, 
        mixture, or article containing such substance or mixture that, 
        in the judgment of the Administrator, would assist the 
        Administrator in--
                    ``(A) making a safety standard determination with 
                respect to a chemical substance or mixture under this 
                title; or
                    ``(B) administering any other provision of this 
                Act.
            ``(2) With respect to the manufacture, processing, 
        distribution in commerce, use, or disposal of a chemical 
        substance or mixture in small quantities (as defined by the 
        Administrator by rule) solely for purposes of scientific 
        experimentation or analysis or chemical research, including any 
        such research or analysis for the development of a product, the 
        Administrator may require a person to maintain records or 
        submit a report under paragraph (1) only to the extent the 
        Administrator determines the maintenance of records or 
        submission of reports, or both, is necessary for the effective 
        enforcement of this Act.
            ``(3) The Administrator may impose penalties, pursuant to 
        section 16, on a person in violation of a requirement of a rule 
        or order under paragraph (1) or, by order, prohibit, or 
        otherwise impose conditions under section 6(c), on the 
        manufacture, processing, or distribution in commerce of a 
        chemical substance or mixture, or any article containing such 
        chemical substance or mixture, by a person in violation of such 
        a requirement.'';
            (7) in subsection (c), as redesignated by paragraph (1) of 
        this section--
                    (A) in the subsection heading, by inserting ``and 
                Categorization'' after ``Inventory'';
                    (B) by amending paragraph (1) to read as follows:
            ``(1) Inventory.--The Administrator shall compile, keep 
        current, publish and enter into the public database established 
        pursuant to subsection (d) a list of each chemical substance, 
        and each mixture for which a declaration is received, which is 
        manufactured or processed in the United States. Such list shall 
        at least include each such chemical substance or mixture which 
        any person reports, under section 5 or subsection (a)(2) of 
        this section, is manufactured or processed in the United 
        States, but shall not include any chemical substance or mixture 
        for which all manufacturers and processors have submitted 
        declarations under subsection (a)(3). In the case of a chemical 
        substance or mixture for which a notice is submitted in 
        accordance with section 5, the date of such notice shall be 
        included in the list under this section, in addition to the 
        date on which the chemical substance or mixture was first added 
        to the list. The Administrator shall first publish such a list 
        not later than 24 months after the effective date of the Toxic 
        Chemicals Safety Act of 2010. The Administrator shall not 
        include in such list any chemical substance or mixture which is 
        manufactured or processed only in small quantities (as defined 
        by the Administrator by rule) solely for purposes of scientific 
        experimentation or analysis or chemical research on, or 
        analysis of, such substance or mixture or another substance or 
        mixture, including such research or analysis for the 
        development of a product.''; and
                    (C) by amending paragraph (2) to read as follows:
            ``(2) Categorized inventory.--Not later than 5 years after 
        the date of enactment of the Toxic Chemicals Safety Act of 
        2010, and no less than every 3 years thereafter, the 
        Administrator shall publish in the Federal Register and enter 
        in the public database established pursuant to subsection (d) a 
        list of all chemical substances and mixtures manufactured, 
        processed, or distributed in commerce that categorizes the 
        chemical substances and mixtures, based on existing information 
        available to the Administrator, based upon health or 
        environmental adverse effects, exposure, or other criteria that 
        the Administrator determine appropriate.'';
            (8) by inserting after subsection (c), as redesignated by 
        paragraph (1) of this section, the following new subsection:
    ``(d) Public Database and Access to Significant Information.--
            ``(1)  Public database.--Not later than 1 year after the 
        date of the enactment of Toxic Chemicals Safety Act of 2010, 
        the Administrator shall establish--
                    ``(A) an electronic database that is searchable, 
                sortable, downloadable, and publicly accessible on the 
                Internet for storing and sharing of information 
                relating to the toxicity and use of, and exposure to, 
                chemical substances and mixtures; and
                    ``(B) procedures for use in maintaining and 
                updating the database.
            ``(2) Public access to significant information.--Not later 
        than 90 days after the date of any significant decision made by 
        the Administrator or receipt by the Administrator of any 
        significant information submitted pursuant to this title, the 
        Administrator shall, subject to section 14, make available to 
        the public on the public database established pursuant to 
        paragraph (1) such significant decision made by the 
        Administrator under this title or such significant information 
        submitted pursuant to this title.'';
            (9) in subsection (e), as redesignated by paragraph (3) of 
        this section--
                    (A) in the subsection heading, by inserting ``of 
                Significant Adverse Reactions'' after ``Records''; and
                    (B) by inserting ``Such records shall be submitted 
                to the Administrator on an annual basis, or immediately 
                upon request by the Administrator.'' after the first 
                sentence;
            (10) by inserting after subsection (e), as redesignated by 
        paragraph (3) of this section, the following new subsections:
    ``(f) Disclosures to Commercial Purchasers.--Effective 1 year after 
the date of enactment of the Toxic Chemicals Safety Act of 2010, all 
manufacturers and processors of chemical substances and mixtures 
subject to this section shall provide, with shipment or promptly 
thereafter and by request, to all known commercial purchasers of the 
chemical substances and mixtures they manufacture or process a 
disclosure, subject to section 14, of--
            ``(1) the chemical identity of the chemical substance or, 
        for mixtures, the chemical identity of all chemical 
        ingredients;
            ``(2) all information regarding toxicological properties of 
        the chemical substance or mixture submitted to the 
        Administrator under subsection (a);
            ``(3) the list of health and safety studies submitted to 
        the Administrator under subsection (a), with copies of the 
        individual studies available upon request; and
            ``(4) any records of significant adverse reactions 
        submitted to the Administrator under subsection (e).
    ``(g) Information in the Possession of Other Federal Agencies.--
            ``(1) The Administrator may request, and upon such request 
        a Federal agency shall submit to the Administrator, any 
        information in the possession or control of such Federal agency 
        relating to a hazard of, use of, exposure to, or risk of a 
        chemical substance or mixture, or a report, including copies of 
        the data and records in the possession or control of such 
        Federal agency that may be useful to the Administrator in 
        carrying out the purposes of this Act.
            ``(2) The Administrator shall specify the format, content, 
        and level of detail of any report requested under paragraph 
        (1).
            ``(3) Each Federal agency shall make its initial submission 
        to the Administrator within 60 days of receipt of the 
        specification under paragraph (2).
            ``(4) The Administrator shall issue a request pursuant to 
        paragraph (1) to each Federal agency which the Administrator 
        reasonably expects may have information on chemical substances 
        or mixtures that would assist the Administrator in making a 
        safety standard determination for a chemical substance or 
        mixture under this title. Such requests shall be issued by the 
        Administrator not later than 12 months after the date on which 
        the Administrator lists a chemical substance or mixture on the 
        priority list under section 6(a), or, for chemical substances 
        identified in section 6(a)(1)(A), 12 months after enactment of 
        the Toxic Chemicals Safety Act of 2010.''; and
            (11) by inserting after subsection (h), as redesignated by 
        paragraph (2) of this section, the following new subsection:
    ``(i) Certification.--Each submission required pursuant to this 
title, or pursuant to a rule or an order promulgated or issued by the 
Administrator under this title, other than a submission under 
subsection (g), shall be accompanied by a certification signed by a 
responsible official of the submitting party that each statement 
contained in the submission--
            ``(1) is accurate and reliable; and
            ``(2) includes all material facts known to, in the 
        possession or control of, or reasonably ascertainable by the 
        manufacturer or processor.''.

SEC. 9. RELATIONSHIP TO OTHER FEDERAL LAWS.

    Section 9(a)(1) of the Toxic Substances Control Act (15 U.S.C. 
2608(a)(1)) is amended--
            (1) by striking ``the manufacture, processing, distribution 
        in commerce, use, or disposal of'' after ``If the Administrator 
        has reasonable basis to conclude that'';
            (2) by striking ``, or that any combination of such 
        activities, presents or will present an unreasonable risk of 
        injury to health or the environment'' and inserting ``does not 
        meet the safety standard under section 6(b)'';
            (3) by striking ``such risk may be prevented'' and 
        inserting ``that the risk associated with the chemical 
        substance or mixture may be prevented'';
            (4) by striking ``describes such risk'' and inserting 
        ``describes the risk associated with the chemical substance or 
        mixture''; and
            (5) in the matter following subparagraph (B)--
                    (A) by striking ``Any report'' and inserting ``Any 
                such report'';
                    (B) by striking ``information on which it is based 
                and shall be published in the Federal Register'' and 
                inserting ``information on which it is based and shall 
                be promptly published in the Federal Register and 
                entered into the public database established pursuant 
                to section 8(d)'';
                    (C) by inserting ``and not more than 180 days'' 
                after ``but such time specified may not be less than 90 
                days''; and
                    (D) by inserting ``and entered into the public 
                database established pursuant to section 8(d)'' after 
                ``conclusions of the agency and shall be published in 
                the Federal Register''.

SEC. 10. MIXTURES.

    (a) Mixture Definition and Determination.--Section 3 of the Toxic 
Substances Control Act (15 U.S.C. 2602), as amended by section 3 of 
this Act, is further amended--
            (1) by amending paragraph (8) to read as follows:
            ``(8) The term `mixture' means any composition of two or 
        more chemical substances if the composition does not occur in 
        nature, and is not, in whole or in part, the result of a 
        chemical reaction.''; and
            (2) by inserting after paragraph (b)(2) the following new 
        paragraph:
            ``(3) The Administrator may determine different mixtures 
        comprised of the same chemical substances to be the same 
        mixture for purposes of this Act, if the substance 
        characteristics of the mixtures are identical. Mixtures which 
        would be considered new mixtures but for grouping under this 
        paragraph shall not be considered new mixtures for purposes of 
        this Act.''.
    (b) Quantification.--Subsection (c) of section 8 of the Toxic 
Substances Control Act (15 U.S.C. 2607), as amended by section 8 of 
this Act, is further amended by adding at the end the following new 
paragraph:
            ``(3) Mixture survey.--Not later than 6 years after the 
        date of enactment of the Toxic Chemicals Safety Act of 2010, 
        the Administrator shall, based on declarations under this 
        section and a survey of processors as necessary and 
        appropriate, characterize the number of mixtures, including 
        mixtures grouped pursuant to paragraph (b)(3) of section 3, 
        introduced into commerce in the United States, and the number 
        of such mixtures that have or may have substance 
        characteristics that are different, in kind or degree, from the 
        substance characteristics of the constituent chemical 
        substances, and shall publish such characterization in the 
        Federal Register and enter it in the public database 
        established in subsection (d).''.

SEC. 11. INSPECTIONS AND SUBPOENAS.

    Section 11 of the Toxic Substances Control Act (15 U.S.C. 2610) is 
amended--
            (1) in subsection (a)--
                    (A) by inserting ``commercial'' after 
                ``establishment, facility, or other'';
                    (B) by striking ``premises in which chemical 
                substances, mixtures'' and inserting ``premises in 
                which chemical substances or mixtures subject to this 
                Act, articles containing such substances or mixtures'';
                    (C) by inserting ``and any place where records 
                relating to such chemical substances, mixtures, 
                articles, or products or otherwise relating to 
                compliance with this Act, are held'' after ``or such 
                articles in connection with distribution in commerce''; 
                and
                    (D) by adding at the end the following:
``The Administrator, and any duly designated representative of the 
Administrator, may also inspect and obtain samples of any such chemical 
substances, mixtures, or articles, and any containers or labeling of 
such chemical substances, mixtures, or articles.''; and
            (2) in subsection (b)--
                    (A) in paragraph (1), by striking ``chemical 
                substances, mixtures, or products'' and inserting 
                ``chemical substances or mixtures subject to this Act, 
                articles containing such substances or mixtures, or 
                products''; and
                    (B) in paragraph (2)(E), by inserting ``or order'' 
                after ``rule''.

SEC. 12. EXPORTS.

    Section 12 of the Toxic Substances Control Act (15 U.S.C. 2611) is 
amended--
            (1) by striking subsection (a) and redesignating 
        subsections (b) and (c) as subsections (a) and (b), 
        respectively;
            (2) in subsection (a), as redesignated by paragraph (1) of 
        this section--
                    (A) in paragraph (1)--
                            (i) by striking ``or intends to export'';
                            (ii) by striking ``or 5(b)'';
                            (iii) by striking ``or intent to export'' 
                        and inserting ``not later than 30 days after 
                        the date of exportation of the substance or 
                        mixture''; and
                            (iv) by inserting ``promptly thereafter'' 
                        before ``furnish'';
                    (B) in paragraph (2)--
                            (i) by striking ``or intends to export'';
                            (ii) by striking ``an order has been issued 
                        under section 5 or a rule has been proposed or 
                        promulgated under section 5 or 6, or with 
                        respect to which an action is pending, or 
                        relief has been granted under section 5 or 7'' 
                        and inserting ``a condition has been imposed 
                        pursuant to section 6(c)(2) or an action has 
                        been taken pursuant to section 7'';
                            (iii) by striking ``or intent to export'' 
                        and inserting ``not later than 30 days after 
                        the date of exportation of the substance or 
                        mixture'';
                            (iv) by inserting ``promptly thereafter'' 
                        before ``furnish''; and
                            (v) by striking ``such rule, order, action, 
                        or relief'' and inserting ``such condition 
                        imposed pursuant to section 6(c)(2) or such 
                        action taken pursuant to section 7''; and
                    (C) by adding at the end the following new 
                paragraph:
            ``(3)(A) Any person that has previously notified the 
        Administrator of the exportation of a chemical substance or 
        mixture under this section shall notify the Administrator of 
        any change in the information provided in the original notice 
        not later than 30 days after such a change.
            ``(B) The Administrator shall furnish, as promptly as 
        feasible, an updated notice to the governments that have been 
        notified pursuant to paragraphs (1) and (2) regarding the 
        exportation of any chemical substance or mixture subject to 
        this section if--
                    ``(i) new data for such substance or mixture have 
                been received by the Administrator pursuant to section 
                4, section 5(b), section 8(e), or section 8(h);
                    ``(ii) the Administrator has received notice under 
                subparagraph (A) of a change in the information 
                provided in the original notice; or
                    ``(iii) a change has been made in any conditions 
                imposed pursuant to section 6(c) or section 7 for such 
                substance or mixture.'';
            (3) in subsection (b), as redesignated by paragraph (1), by 
        striking paragraph (2) and redesignating paragraphs (3), (4), 
        (5), and (6) as paragraphs (2), (3), (4), and (5), 
        respectively; and
            (4) by adding at the end the following new subsections:
    ``(c) Chemicals Listed Under the PIC Convention.--If any person 
intends to export to a foreign country a chemical substance or mixture 
listed in Annex III of the PIC Convention as of the date of enactment 
of the Toxic Chemicals Safety Act of 2010, such person shall file the 
notice required under subsection (a) not later than 30 days prior to 
the date of exportation of such substance or mixture and shall include 
therein the information required for export under such Convention as of 
the date of enactment of the Toxic Chemicals Safety Act of 2010.
    ``(d) Public Records.--The Administrator shall maintain copies of 
all current notices provided to other governments under this section, 
and make such copies available to the public in electronic format.
    ``(e) Definition.--For purposes of this title, the term `PIC 
Convention' means the Rotterdam Convention on the Prior Informed 
Consent Procedure for Certain Hazardous Chemicals and Pesticides in 
International Trade, adopted in Rotterdam on September 10, 1998, and 
any subsequent amendment or protocol.''.

SEC. 13. ENTRY INTO CUSTOMS TERRITORY OF THE UNITED STATES.

    Section 13 of the Toxic Substances Control Act (15 U.S.C. 2612) is 
amended--
            (1) by redesignating subsections (a) and (b) as subsections 
        (b) and (c), respectively;
            (2) by inserting, before subsection (b), as redesignated by 
        paragraph (1) of this section, the following new subsection:
    ``(a) Duties of Importers.--The importer of any chemical substance, 
mixture, or article containing a chemical substance or mixture for 
distribution in commerce shall satisfy all requirements under sections 
4, 5, 6, and 8 of this Act, without regard to whether the chemical 
substance or mixture has been formed into or contained in an article 
prior to importation.'';
            (3) in subsection (b), as redesignated by paragraph (1) of 
        this section--
                    (A) by amending the subsection heading to read as 
                follows:
    ``(b) Entry.--'';
                    (B) by striking ``Secretary of the Treasury'' each 
                place it appears and inserting ``Secretary of Homeland 
                Security''; and
                    (C) in paragraph (1), by striking the em dash and 
                subparagraphs (A) and (B) and inserting ``the 
                substance, mixture, or article fails to comply with or 
                is offered for entry in violation of any rule or order 
                in effect under this Act.''; and
            (4) in subsection (c), as redesignated by paragraph (1) of 
        this section--
                    (A) by striking ``Secretary of the Treasury'' and 
                inserting ``Secretary of Homeland Security''; and
                    (B) by striking ``subsection (a)'' and inserting 
                ``subsection (b)''.

SEC. 14. DISCLOSURE OF DATA.

    Section 14 of the Toxic Substances Control Act (15 U.S.C. 2613) is 
amended--
            (1) by redesignating subsections (a) and (b) as subsections 
        (c) and (d), respectively;
            (2) by redesignating subsections (c) through (e) as 
        subsections (f) through (h), respectively;
            (3) by inserting, before subsection (c), as redesignated by 
        paragraph (1) of this section, the following new subsections:
    ``(a) Administrator Responsibilities.--The Administrator shall 
ensure that--
            ``(1) information control designations under this section 
        are not a determinant of public disclosure pursuant to section 
        552 of title 5, United States Code (commonly referred to as the 
        `Freedom of Information Act'); and
            ``(2) all information in the Administrator's possession 
        that is releasable pursuant to an appropriate request under 
        section 552 of title 5, United States Code (commonly referred 
        to as the `Freedom of Information Act'), is made available to 
        members of the public.
    ``(b) Rule of Construction.--Nothing in this section shall be 
construed to prevent or discourage the Administrator from voluntarily 
releasing to the public any unclassified information that is not exempt 
from disclosure under section 552 of title 5, United States Code 
(commonly referred to as the `Freedom of Information Act').'';
            (4) in subsection (c), as redesignated by paragraph (1) of 
        this subsection--
                    (A) by striking ``Except as provided by subsection 
                (b)'' and all that follows through ``subsection (b)(4) 
                of such section,'' and inserting ``Except as provided 
                by subsection (d), information submitted to the 
                Administrator pursuant to this Act may be designated 
                for information protection by the submitter of such 
                information based on the submitter's reasonable belief 
                that the information is eligible for protection under 
                section 552 of title 5, United States Code. Information 
                designated for protection under this section'';
                    (B) by inserting ``unless the designation is 
                determined to be inappropriate,'' after ``Administrator 
                or by any officer or employee of the United States,'';
                    (C) by redesignating paragraphs (3) and (4) as 
                paragraphs (4) and (5), respectively;
                    (D) by adding after paragraph (2) the following new 
                paragraph:
            ``(3) shall be disclosed upon request to a State, tribal, 
        or municipal government, including identification of the 
        location of the manufacture, processing, or storage of a 
        chemical substance upon the request of the government for the 
        purpose of administration or enforcement of a law, if one or 
        more applicable agreements ensure that the recipient government 
        will take appropriate steps to maintain the confidentiality of 
        the information in accordance with this section and section 
        350.27 of title 40, Code of Federal Regulations, or any 
        successor to such regulation;''; and
                    (E) in paragraph (4), as redesignated by 
                subparagraph (C) of this paragraph, by striking ``an 
                unreasonable'' and inserting ``a substantial'';
            (5) in subsection (d), as redesignated by paragraph (1) of 
        this section--
                    (A) in the subsection heading, by striking ``Data 
                From Health and Safety Studies'' and inserting 
                ``Information Not Eligible for Protection'';
                    (B) by amending paragraph (1) to read as follows:
            ``(1) The following types of information shall not be 
        eligible for protection under this section, and the 
        Administrator shall not approve a request to protect 
        information of the following types under this section:
                    ``(A) The identity of a chemical substance when 
                included in a health and safety study, safety standard 
                determination under section 6(b), or information 
                indicating the presence of the chemical substance in a 
                consumer article intended for use or reasonably 
                expected to be used by children or indicating exposure 
                to the chemical substance in children.
                    ``(B) The components of a mixture, when included in 
                a health and safety study, safety standard 
                determination under section 6(b), or information 
                indicating the presence of the mixture in a consumer 
                article intended for use or reasonably expected to be 
                used by children or indicating exposure to the mixture 
                in children.
                    ``(C) Any safety standard developed under section 
                6(b).
                    ``(D) Any health and safety study which is 
                submitted under this Act with respect to--
                            ``(i) any chemical substance or mixture--
                                    ``(I) which, on the date on which 
                                such study is to be disclosed has been 
                                offered for commercial distribution; or
                                    ``(II) for which testing is 
                                required under section 4 or for which 
                                notification is required under section 
                                5 of this title; and
                            ``(ii) any data reported to, or otherwise 
                        obtained by, the Administrator from a health 
                        and safety study which relates to a chemical 
                        substance or mixture described in clause (i).
                    ``(E) Any information indicating the presence of a 
                chemical substance or mixture in a consumer article 
                intended for use or reasonably expected to be used by 
                children or indicating exposure to the chemical 
                substance or mixture in children.
        This paragraph does not authorize the release of any data which 
        discloses processes used in the manufacturing or processing of 
        a chemical substance or mixture or, in the case of a mixture, 
        the release of data disclosing the portion of the mixture 
        comprised by any of the chemical substances in the mixture.''; 
        and
                    (C) in paragraph (2)--
                            (i) by striking ``the first sentence of 
                        paragraph (1)'' and inserting ``paragraph 
                        (1)(D)''; and
                            (ii) by striking ``in the second sentence 
                        of such paragraph'' and inserting ``in the last 
                        sentence of paragraph (1)'';
            (6) by inserting after subsection (d), as redesignated by 
        paragraph (1) of this section, the following new subsection:
    ``(e) Guidance.--Not later than 1 year after the date of enactment 
of the Toxic Chemicals Safety Act of 2010, the Administrator shall by 
order develop and make publicly available guidance that specifies--
            ``(1) the format for and manner for designating information 
        for protection;
            ``(2) the acceptable bases on which written requests to 
        protect information under this section may be approved, which 
        shall be no more restrictive of public disclosure than section 
        552 of title 5, United States Code; and
            ``(3) the documentation that must accompany such 
        requests.'';
            (7) by amending subsection (f), as redesignated by 
        paragraph (2) of this section, to read as follows:
    ``(f) Designation and Release of Confidential Information.--
            ``(1) Duties of manufacturers and processors.--In 
        submitting information under this Act, a manufacturer, 
        processor, or distributor in commerce may designate the 
        information which such person believes is entitled to 
        protection under this section, and submit such designated 
        information separately from other information submitted under 
        this Act. A designation under this paragraph shall be 
        accompanied by the appropriate fee under subsection (i), shall 
        be made in writing and in such manner as the Administrator may 
        prescribe, and shall include--
                    ``(A) justification for each claim of 
                confidentiality;
                    ``(B) a certification that the information is not 
                otherwise publicly available; and
                    ``(C) separate copies of all submitted information, 
                with 1 copy containing and 1 copy excluding the 
                information to which the request applies.
        Designations shall last for 5 years, at which time the 
        information shall be made public unless the manufacturer or 
        processor has submitted a request for renewal, accompanied by 
        the appropriate fee under subsection (i), made in writing and 
        in such manner as the Administrator may prescribe, including 
        all of the elements required for the initial submission.
            ``(2) Duties of the administrator.--The Administrator 
        shall--
                    ``(A) evaluate a representative sample of all 
                submitted designations and requests for renewal within 
                60 days of their submission to determine whether--
                            ``(i) each claim of confidentiality is 
                        justified under section 552 of title 5, United 
                        States Code, and any applicable guidance 
                        published under subsection (e);
                            ``(ii) the designation was accompanied by 
                        the appropriate fee, made in writing and in 
                        such manner as prescribed by the Administrator, 
                        and included the necessary components; and
                            ``(iii) the information is not publicly 
                        available;
                    ``(B) release all information previously designated 
                for protection if one or more of the criteria in 
                subparagraph (A) are not found;
                    ``(C) determine whether the criteria in 
                subparagraph (A) were met at the time the designation 
                was made; and
                    ``(D) make such determinations publicly available.
            ``(3) Notification.--(A) Except as provided by subparagraph 
        (B), if the Administrator proposes to release for inspection 
        data which has been designated under paragraph (1) but not 
        released under paragraph (2), the Administrator shall notify, 
        in writing and by certified mail, the manufacturer, processor, 
        or distributor in commerce who submitted such information of 
        the intent to release such data. If the release of such data is 
        to be made pursuant to a request made under section 552(a) of 
        title 5, such notice shall be given immediately upon approval 
        of such request by the Administrator. The Administrator shall 
        release the information in accordance with the disclosure and 
        procedural requirements of section 552 of title 5, United 
        States Code.
            ``(B)(i) Subparagraph (A) shall not apply to the release of 
        information under paragraph (1), (2), (3), (4), or (5) of 
        subsection (c) of this section, except that the Administrator 
        may not release data under paragraph (4) of subsection (c) of 
        this section unless the Administrator has notified each 
        manufacturer, processor, and distributor in commerce who 
        submitted such data of such release. Such notice shall be made 
        in writing by certified mail at least 15 days before the 
        release of such data, except if the Administrator determines 
        that the release of such data is necessary to protect against 
        an imminent risk of injury to health or the environment.
            ``(ii) Subparagraph (A) shall not apply to the release of 
        information described in subsection (c)(1) of this section 
        other than information described in the last sentence of such 
        subsection.'';
            (8) in subsection (g), as redesignated by paragraph (2) of 
        this section--
                    (A) by amending the subsection heading to read as 
                follows:
    ``(g) Penalties for Wrongful Designation or Disclosure.--'';
                    (B) by redesignating paragraphs (1) and (2) as 
                paragraphs (3) and (4), respectively;
                    (C) by inserting before paragraph (3), as 
                redesignated by subparagraph (B) of this paragraph, the 
                following new paragraphs:
            ``(1) Any manufacturer or processor whose designation of 
        information for protection under this section is found by the 
        Administrator not to have met the criteria for protection under 
        this section at the time the designation was made may be 
        subject to administrative penalties under section 15.
            ``(2) Any manufacturer or processor who, knowing that 
        information does not meet the criteria for protection under 
        this section, willfully designates such information for 
        protection, shall be guilty of a misdemeanor and fined not more 
        than $5,000 or imprisoned for not more than one year, or 
        both.''; and
                    (D) in paragraph (4), as redesignated by 
                subparagraph (B) of this paragraph--
                            (i) by striking ``paragraph (1)'' and 
                        inserting ``paragraph (3)''; and
                            (ii) by striking ``subsection (a)(2)'' and 
                        inserting ``subsection (c)(2)''; and
            (9) by adding at the end the following new subsections:
    ``(i) Fees.--The Administrator may, by rule, require the payment of 
a reasonable fee from any person designating information for protection 
under this section or seeking to renew such a designation to defray the 
cost of administering this section. In setting a fee under this 
subsection, the Administrator shall take into account the ability to 
pay of the person designating or seeking renewal and the cost to the 
Administrator of reviewing such designations.
    ``(j) Risk Information for Workers.--The Administrator shall 
provide standards for and facilitate the provision of the chemical 
identity, safety standard determination, health and safety data, and 
any other information determined by the Administrator to be necessary 
to ensure worker safety, that pertains to chemical substances or 
mixtures, that workers may come into contact with or otherwise be 
exposed to during the course of their work, to such workers and 
representatives of each certified or recognized bargaining agent 
representing such workers.''.

SEC. 15. PROHIBITED ACTS.

    Section 15 of the Toxic Substances Control Act (15 U.S.C. 2614) is 
amended--
            (1) in paragraph (1), by striking ``(A)'' and all that 
        follows through ``under title II'' and inserting ``any rule, 
        order, prohibition, restriction, or other requirement imposed 
        by this Act or by the Administrator under this Act'';
            (2) by amending paragraphs (2) and (3) to read as follows:
            ``(2) manufacture, process, distribute in commerce, use for 
        commercial purposes, or dispose of a chemical substance or 
        mixture, or an article containing a chemical substance or 
        mixture, which such person knew or had reason to know was 
        manufactured, processed, or distributed in commerce in 
        violation of any rule, order, prohibition, restriction, or 
        other requirement imposed by this Act or by the Administrator 
        under this Act;
            ``(3) fail or refuse to (A) establish or maintain accurate 
        and complete records, (B) submit or make accurate and complete 
        reports, notices, disclosures, declarations, certifications, or 
        other information, or (C) permit access to or copying of 
        records, as required by this Act or a rule thereunder;'';
            (3) in paragraph (4), by striking the final period and 
        inserting ``; or''; and
            (4) by adding at the end the following new paragraphs:
            ``(5) make or submit a statement, declaration, disclosure, 
        certification, data set, or any oral, written, or electronic 
        representation that is materially false, in whole or in part, 
        or to falsify or conceal any material fact, in taking any 
        action or making any communication pursuant to this Act or 
        pursuant to any rule or order promulgated or issued under this 
        Act;
            ``(6) introduce or deliver for introduction into commerce 
        or knowingly distribute in commerce a chemical substance or 
        mixture, or an article containing a chemical substance or 
        mixture--
                    ``(A) that lacks or fails to comply in any material 
                respect with any applicable labeling requirements 
                imposed pursuant to section 6(c); or
                    ``(B) the label, labeling or advertising of which 
                is misleading in any material respect, including by 
                reason of representations, either explicit or implicit, 
                that the chemical substance or mixture is available for 
                a use other than an intended use; or
            ``(7) forge, counterfeit, simulate, falsely represent, or 
        use without proper authority any mark, stamp, tag, label, or 
        other identification device authorized or required by this Act 
        or by the Administrator under this Act.''.

SEC. 16. PENALTIES.

    Section 16 of the Toxic Substances Control Act (15 U.S.C. 2615) is 
amended--
            (1) in subsection (a)--
                    (A) in paragraph (1)--
                            (i) by striking ``provision of section 15 
                        or 409'' and inserting ``provision of this Act 
                        or a rule promulgated or order issued pursuant 
                        to this Act, as described in section 15'';
                            (ii) by striking ``$25,000'' and inserting 
                        ``$37,500''; and
                            (iii) by striking ``violation of section 15 
                        or 409'' and inserting ``violation of this 
                        Act'';
                    (B) by redesignating paragraphs (2), (3), and (4) 
                as paragraphs (3), (4), and (5), respectively;
                    (C) by inserting after paragraph (1) the following 
                new paragraph:
            ``(2) In the case of any violation described in paragraph 
        (1), the Administrator may commence a civil action in the 
        appropriate United States district court to assess penalties 
        pursuant to paragraph (1) or commence administrative action to 
        assess penalties pursuant to paragraph (3).'';
                    (D) in subparagraph (A) of paragraph (3), as 
                redesignated by subparagraph (B) of this paragraph--
                            (i) by striking ``A civil penalty for a 
                        violation of section 15 or 409'' and inserting 
                        ``In any administrative action to assess 
                        penalties for a violation described in 
                        paragraph (1), a civil penalty for a 
                        violation''; and
                            (ii) by striking ``within 15 days of'' and 
                        inserting ``not later than 15 days after'';
                    (E) in paragraph (4), as redesignated by 
                subparagraph (B) of this paragraph--
                            (i) by striking ``paragraph (2)(A)'' and 
                        inserting ``paragraph (3)(A)''; and
                            (ii) by striking ``the United States Court 
                        of Appeals for the District of Columbia Circuit 
                        or for any other circuit'' and inserting ``the 
                        appropriate district court of the United States 
                        for the district''; and
                    (F) in paragraph (5), as redesignated by 
                subparagraph (B) of this paragraph, by striking 
                ``paragraph (3)'' each place it appears and inserting 
                ``paragraph (4)''; and
            (2) in subsection (b)--
                    (A) by inserting ``(1)'' before ``Any person who'';
                    (B) by inserting ``this Act, as described in'' 
                before ``section 15'';
                    (C) by striking ``or 409'';
                    (D) by striking ``$25,000'' and inserting 
                ``$50,000'';
                    (E) by striking ``one year'' and inserting ``5 
                years''; and
                    (F) by adding at the end the following new 
                paragraph:
    ``(2) Any person who knowingly or willfully violates any provision 
of this Act and who knows that such violation may result in imminent 
danger of death or serious bodily injury to any person shall, upon 
conviction, be subject to a fine of not more than $250,000 or 
imprisonment of not more than 15 years, or both. A person that is not 
an individual shall, upon conviction of violating this paragraph, be 
subject to a fine of not more than $1,000,000.''.

SEC. 17. SPECIFIC ENFORCEMENT AND SEIZURE.

    Section 17 of the Toxic Substances Control Act (15 U.S.C. 2616) is 
amended--
            (1) in subsection (a)--
                    (A) in paragraph (1)--
                            (i) in subparagraph (A), by striking ``or 
                        409'';
                            (ii) in subparagraph (B), by striking 
                        ``section 5, 6, or title IV, or by a rule or 
                        order under section 5, 6, or title IV'' and 
                        inserting ``this Act or a rule or order 
                        promulgated or issued under this Act''; and
                            (iii) in subparagraph (D)--
                                    (I) by striking ``chemical 
                                substance, mixture, or product'' and 
                                inserting `` chemical substance or 
                                mixture subject to this Act, article 
                                containing such substance or mixture, 
                                or product'';
                                    (II) by striking ``of section 5, 6, 
                                or title IV'' and inserting ``of this 
                                Act'';
                                    (III) by striking ``under section 
                                5, 6, or title IV'' and inserting 
                                ``promulgated or issued under this Act, 
                                as described in section 15'';
                                    (IV) by inserting ``, article'' 
                                before ``, or product and, to the 
                                extent'';
                                    (V) by inserting ``, article'' 
                                before ``, or product or exposed to 
                                such substance'';
                                    (VI) by inserting ``, article'' 
                                before ``, or product, (ii) to give''; 
                                and
                                    (VII) by inserting ``, article'' 
                                before ``, or product, whichever the 
                                person to which the requirement''; and
                    (B) in paragraph (2)--
                            (i) by striking ``A civil action described 
                        in paragraph (1)'' and inserting ``The district 
                        courts of the United States shall have 
                        jurisdiction over a civil action described in 
                        paragraph (1). A civil action''; and
                            (ii) in subparagraph (A), by inserting 
                        ``this Act, as described in'' before ``section 
                        15''; and
            (2) in subsection (b), by striking ``chemical substance, 
        mixture, or product'' and inserting ``chemical substance or 
        mixture subject to this Act, or product''.

SEC. 18. 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 right of a State or political 
subdivision of a State or a tribe to adopt or enforce any regulation, 
requirement, or standard of performance that is different from or in 
addition to a regulation, requirement, liability, or standard of 
performance established pursuant to this Act unless compliance with 
both this Act and the State or political subdivision of a State or 
tribe regulation, requirement, or standard of performance is 
impossible.''.

SEC. 19. JUDICIAL REVIEW.

    Section 19 of the Toxic Substances Control Act (15 U.S.C. 2618) is 
amended--
            (1) in subsection (a)--
                    (A) in paragraph (1)--
                            (i) by striking subparagraph (B);
                            (ii) by striking ``(A)'';
                            (iii) by inserting ``or issuance'' after 
                        ``promulgation'';
                            (iv) by striking ``section 4(a), 5(a)(2), 
                        5(b)(4), 6(a), 6(e), or 8, or under title II or 
                        IV'' and inserting ``this Act'';
                            (v) by inserting ``or order'' after 
                        ``rule'' each place it appears;
                            (vi) by inserting ``except that if such 
                        petition is based solely on grounds arising 
                        after such sixtieth day, then any petition for 
                        judicial review of such rule or order shall be 
                        filed within 60 days after such grounds arise'' 
                        after ``such person's principal place of 
                        business is located'';
                            (vii) by striking ``(other than in an 
                        enforcement proceeding)''; and
                            (viii) by striking ``subparagraph'' and 
                        inserting ``paragraph'';
                    (B) in paragraph (2)--
                            (i) by striking ``paragraph (1)(A)'' and 
                        inserting ``paragraph (1)'';
                            (ii) by striking ``rulemaking''; and
                            (iii) by inserting ``or order'' after 
                        ``rule''; and
                    (C) by striking paragraph (3);
            (2) in subsection (b), by inserting ``or order'' after 
        ``rule'' each place it appears; and
            (3) in subsection (c)--
                    (A) by amending paragraph (1) to read as follows:
            ``(1) Upon the filing of a petition under subsection (a)(1) 
        for judicial review of a rule or order, the court shall have 
        jurisdiction--
                    ``(A) to grant appropriate relief, including 
                interim relief, as provided in chapter 7 of title 5, 
                United States Code; and
                    ``(B) to review such rule or order in accordance 
                with chapter 7 of title 5, United States Code.''; and
                    (B) in paragraph (2), by inserting ``or order'' 
                after ``rule''.

SEC. 20. CITIZENS' CIVIL ACTION.

    Section 20 of the Toxic Substances Control Act (15 U.S.C. 2619) is 
amended--
            (1) in subsection (a)--
                    (A) in paragraph (1)--
                            (i) by striking ``under section 4, 5, or 6, 
                        or title II or IV,''; and
                            (ii) by striking ``section 5 or title II or 
                        IV to restrain such violation'' and inserting 
                        ``this Act''; and
                    (B) in the matter following paragraph (2), by 
                inserting ``, to enforce this Act or any rule 
                promulgated or order issued under this Act, or to order 
                the Administrator to perform an act or duty under this 
                Act which is not discretionary, as the case may be'' 
                after ``citizenship of the parties''; and
            (2) in subsection (b)(1), by striking ``to restrain'' and 
        inserting ``respecting''.

SEC. 21. CITIZENS' PETITIONS.

    Section 21 of the Toxic Substances Control Act (15 U.S.C. 2620) is 
amended--
            (1) in subsection (a), by striking ``under section 4, 6, or 
        8 or an order under section 5(e) or (6)(b)(2)'' and inserting 
        ``, order, or any other action authorized under this Act''; and
            (2) in subsection (b)--
                    (A) in paragraph (1), by striking ``under section 
                4, 6, or 8 or an order under section 5(e), 6(b)(1)(A), 
                or 6(b)(1)(B)'' and inserting ``or order or to initiate 
                other action authorized under this Act'';
                    (B) in paragraph (3), by striking ``section 4, 5, 
                6, or 8'' and inserting ``the applicable provisions of 
                this Act''; and
                    (C) in paragraph (4)--
                            (i) in subparagraph (A), by striking ``a 
                        rulemaking proceeding'' and inserting ``a 
                        proceeding authorized under this Act''; and
                            (ii) in subparagraph (B)--
                                    (I) by striking ``a proceeding to 
                                issue a rule under section 4, 6, or 8 
                                or an order under section 5(e) or 
                                6(b)(2)'' and inserting ``a proceeding 
                                authorized under this Act'';
                                    (II) in clause (i)--
                                            (aa) by inserting ``or 
                                        order'' after ``issuance of a 
                                        rule'';
                                            (bb) by striking ``or an 
                                        order under section 5(e)''; and
                                            (cc) by striking ``an 
                                        unreasonable'' and inserting 
                                        ``a substantial''; and
                                    (III) in clause (ii)--
                                            (aa) by inserting ``except 
                                        as provided in clause (i)'' 
                                        before ``in the case of'';
                                            (bb) by striking ``issuance 
                                        of a rule under section 6 or 8 
                                        or an order under section 
                                        6(b)(2)'' and inserting 
                                        ``promulgation of a rule, 
                                        issuance of an order, or 
                                        imposition or issuance of a 
                                        restriction or use condition 
                                        under this Act''; and
                                            (cc) by striking ``an 
                                        unreasonable'' and inserting 
                                        ``a substantial''.

SEC. 22. EMPLOYEE PROTECTION.

    Section 23 of the Toxic Substances Control Act (15 U.S.C. 2622) is 
amended as follows:
            (1) In subsection (a)--
                    (A) by striking ``employer may discharge'' and 
                inserting ``manufacturer, processor, or distributor may 
                discharge'';
                    (B) by redesignating paragraphs (1), (2), and (3) 
                as paragraphs (2), (3), and (4), respectively;
                    (C) by inserting before paragraph (2), as 
                redesignated by subparagraph (B) of this paragraph, the 
                following new paragraph:
            ``(1) provided, caused to be provided, or is about to 
        provide or cause to be provided to the employer, the Federal 
        Government, the appropriate official of the tribe, or the 
        attorney general of a State information relating to any 
        violation of, or any act or omission the employee reasonably 
        believes to be a violation of any provision of this Act;'';
                    (D) in paragraph (3), as redesignated by 
                subparagraph (B) of this paragraph--
                            (i) by inserting ``concerning any such 
                        violation or'' after ``testified or is about to 
                        testify''; and
                            (ii) by striking ``or'' after ``Act;'';
                    (E) in paragraph (4), as redesignated by 
                subparagraph (B) of this paragraph, by inserting ``or'' 
                after ``Act;''; and
                    (F) by adding at the end the following new 
                paragraph:
            ``(5) objected to, or refused to participate in, any 
        activity, policy, practice, or assigned task that the employee 
        (or other such person) reasonably believed to be in violation 
        of any provision of this Act.''.
            (2) By striking subsection (e) and amending subsections 
        (b), (c), and (d) to read as follows:
    ``(b) Remedy.--(1) Any employee who believes that the employee has 
been discharged or otherwise discriminated against by any person in 
violation of subsection (a) of this section may, not later than 180 
days after the date on which such alleged violation occurs, file (or 
have any person file on the employee's behalf) a complaint with the 
Secretary of Labor (hereinafter in this section referred to as the 
`Secretary') alleging such discharge or discrimination and identifying 
the person responsible for such act. Upon receipt of such a complaint, 
the Secretary shall notify, in writing, the person named in the 
complaint of the filing of the complaint, of the allegations contained 
in the complaint, of the substance of evidence supporting the 
complaint, and of the opportunities that will be afforded to such 
person under paragraph (2).
            ``(2)(A) Not later than 60 days after the date of receipt 
        of a complaint filed under paragraph (1) and after affording 
        the complainant and the person named in the complaint an 
        opportunity to submit to the Secretary a written response to 
        the complaint and an opportunity to meet with a representative 
        of the Secretary to present statements from witnesses, the 
        Secretary shall initiate an investigation and determine whether 
        there is reasonable cause to believe that the complaint has 
        merit and notify, in writing, the complainant and the person 
        alleged to have committed a violation of subsection (a) of the 
        Secretary's findings. If the Secretary concludes that there is 
        reasonable cause to believe that a violation of subsection (a) 
        of this section has occurred, the Secretary shall accompany the 
        Secretary's findings with a preliminary order providing the 
        relief prescribed by paragraph (3)(B). Not later than 30 days 
        after the date of notification of findings under this 
        paragraph, either the person alleged to have committed the 
        violation or the complainant may file objections to the 
        findings or preliminary order, or both, and request a hearing 
        on the record. The filing of such objections shall not operate 
        to stay any reinstatement remedy contained in the preliminary 
        order. Any such hearing shall be conducted expeditiously. If a 
        hearing is not requested in such 30-day period, the preliminary 
        order shall be deemed a final order that is not subject to 
        judicial review.
                    ``(B)(i) The Secretary shall dismiss a complaint 
                filed under this subsection and shall not conduct an 
                investigation otherwise required under subparagraph (A) 
                unless the complainant makes a prima facie showing that 
                any behavior described in paragraphs (1) through (5) of 
                subsection (a) was a contributing factor in the 
                unfavorable personnel action alleged in the complaint.
                    ``(ii) Notwithstanding a finding by the Secretary 
                that the complainant has made the prima facie showing 
                required under clause (i), no investigation otherwise 
                required under subparagraph (A) shall be conducted if 
                the employer demonstrates, by clear and convincing 
                evidence, that the employer would have taken the same 
                unfavorable personnel action in the absence of that 
                behavior.
                    ``(iii) The Secretary may determine that a 
                violation of subsection (a) has occurred only if the 
                complainant demonstrates that any behavior described in 
                paragraphs (1) through (5) of subsection (a) was a 
                contributing factor in the unfavorable personnel action 
                alleged in the complaint.
                    ``(iv) Relief may not be ordered under subparagraph 
                (A) if the employer demonstrates by clear and 
                convincing evidence that the employer would have taken 
                the same unfavorable personnel action in the absence of 
                that behavior.
            ``(3)(A) Not later than 120 days after the date of 
        conclusion of any hearing under paragraph (2), the Secretary 
        shall issue a final order providing the relief prescribed by 
        this paragraph or denying the complaint. At any time before 
        issuance of a final order, a proceeding under this subsection 
        may be terminated on the basis of a settlement agreement 
        entered into by the Secretary, the complainant, and the person 
        alleged to have committed the violation.
            ``(B) If, in response to a complaint filed under paragraph 
        (1), the Secretary determines that a violation of subsection 
        (a) has occurred, the Secretary shall order the person who 
        committed such violation--
                    ``(i) to take affirmative action to abate the 
                violation;
                    ``(ii) to reinstate the complainant to the 
                complainant's former position together with the 
                compensation (including back pay), terms, conditions, 
                and privileges of the complainant's employment;
                    ``(iii) to provide compensatory damages; and
                    ``(iv) where appropriate, exemplary damages.
        If such an order is issued, the Secretary, at the request of 
        the complainant, shall assess against the person against whom 
        the order is issued a sum equal to the aggregate amount of all 
        costs and expenses (including attorney's and expert witness 
        fees) reasonably incurred, as determined by the Secretary, by 
        the complainant for, or in connection with, the bringing of the 
        complaint upon which the order was issued.
            ``(C) If the Secretary finds that a complaint under 
        paragraph (1) is frivolous or has been brought in bad faith, 
        the Secretary may award to the prevailing employer a reasonable 
        attorney's fee, not exceeding $1,000, to be paid by the 
        complainant.
            ``(4) If the Secretary has not issued a final decision 
        within 210 days after the filing of the complaint, the 
        complainant may bring an action at law or equity for de novo 
        review in the appropriate district court of the United States 
        with jurisdiction, which shall have jurisdiction over such an 
        action without regard to the amount in controversy, and which 
        action shall, at the request of either party to such action, be 
        tried by the court with a jury. The proceedings shall be 
        governed by the same legal burdens of proof specified in 
        paragraph (2)(B). The court shall have jurisdiction to grant 
        all relief necessary to make the employee whole, including 
        injunctive relief and compensatory damages, including--
                    ``(A) reinstatement with the same seniority status 
                that the employee would have had, but for the discharge 
                or discrimination;
                    ``(B) the amount of back pay, with interest; and
                    ``(C) compensation for any special damages 
                sustained as a result of the discharge or 
                discrimination, including litigation costs, expert 
                witness fees, and reasonable attorney's fees.
            ``(5)(A) Unless the complainant brings an action under 
        paragraph (4), any employee or employer adversely affected or 
        aggrieved by a final order issued under paragraph (3) may 
        obtain review of the order in the United States Court of 
        Appeals for the circuit in which the violation, with respect to 
        which the order was issued, allegedly occurred or the circuit 
        in which the complainant resided on the date of such violation. 
        The petition for review must be filed within 60 days from the 
        issuance of the final order of the Secretary. Such review shall 
        conform to chapter 7 of title 5, United States Code. The 
        commencement of proceedings under this subparagraph shall not, 
        unless ordered by the court, operate as a stay of the order.
            ``(B) An order of the Secretary, with respect to which 
        review could have been obtained under subparagraph (A) shall 
        not be subject to judicial review in any criminal or other 
        civil proceeding.
            ``(6) Whenever a person has failed to comply with an order 
        issued under paragraph (3), the Secretary shall file a civil 
        action in the United States district court for the district in 
        which the violation was found to occur, or in the United States 
        district court for the District of Columbia, to enforce such 
        order. In actions brought under this paragraph, the district 
        courts shall have jurisdiction to grant all appropriate relief, 
        including injunctive relief and compensatory damages.
            ``(7)(A) A person on whose behalf an order was issued under 
        paragraph (3) may commence a civil action against the person to 
        whom such order was issued to require compliance with such 
        order. The appropriate United States district court shall have 
        jurisdiction, without regard to the amount in controversy or 
        the citizenship of the parties, to enforce such order.
            ``(B) The court, in issuing any final order under this 
        paragraph, may award costs of litigation (including reasonable 
        attorney's and expert witness fees) to any party whenever the 
        court determines such award is appropriate.
    ``(c) Nondiscretionary Duty.--Any nondiscretionary duty imposed by 
this section shall be enforceable in a mandamus proceeding brought 
under section 1361 of title 28, United States Code.
    ``(d) Deliberate Violation.--Subsection (a) shall not apply with 
respect to an employee of a manufacturer, processor, or distributor 
who, acting without direction from such manufacturer, processor, or 
distributor (or such person's agent), deliberately causes a violation 
or alleged violation of any rule, order, regulation, or safety standard 
under this Act or any other law enforced by the Administrator.''.

SEC. 23. EMPLOYMENT EFFECTS.

    Section 24 of the Toxic Substances Control Act (15 U.S.C. 2623) is 
amended--
            (1) in subsection (a)--
                    (A) by striking ``continuing'' and inserting 
                ``periodic''; and
                    (B) by striking the em dash and paragraphs (1) and 
                (2) and inserting ``the implementation of this Act.''; 
                and
            (2) in subsection (b)--
                    (A) in paragraph (1), by striking ``section 4, 5, 
                or 6 or a requirement of section 5 or 6'' and inserting 
                ``this Act'';
                    (B) in paragraph (2)--
                            (i) in subparagraph (A), by striking ``by 
                        order issued'' and inserting ``in writing,''; 
                        and
                            (ii) in subparagraph (B)--
                                    (I) in clause (i), by inserting 
                                ``and'' after the ``such request,''; 
                                and
                                    (II) by striking clause (ii) and 
                                redesignating clause (iii) as clause 
                                (ii); and
                    (C) by amending paragraph (4) to read as follows:
            ``(4) This section shall not be construed--
                    ``(A) to require the Administrator to amend or 
                repeal any rule or order under this Act; or
                    ``(B) to impose a condition on the Administrator's 
                authority to issue orders or promulgate rules under 
                this Act.''.

SEC. 24. ADMINISTRATION OF THE ACT.

    Section 26 of the Toxic Substances Control Act (15 U.S.C. 2625) is 
amended--
            (1) by amending subsection (b) to read as follows:
    ``(b) Fees.--The Administrator shall, by rule, require the payment 
of a reasonable fee from any person required to submit data under this 
Act to defray the cost of administering this Act. In setting a fee 
under this subsection, the Administrator shall take into account the 
ability to pay of the person required to submit the data and the cost 
to the Administrator of reviewing such data. Such rules may provide for 
sharing such a fee in any case in which the expenses of data production 
are shared under this Act.''; and
            (2) by redesignating subsections (d) through (g) as 
        subsections (f) through (i), respectively;
            (3) by inserting after subsection (c) the following new 
        subsections:
    ``(d) Action With Respect to Specific Chemical Substances.--Any 
action authorized under this Act to be taken by the Administrator 
through rule or order shall be made through order if the action applies 
to a single chemical substance or single category of chemical 
substances.
    ``(e) Action With Respect to Articles Containing a Chemical 
Substance or Mixture.--No action taken under this title with respect to 
articles containing a chemical substance or mixture shall apply to 
articles already introduced or delivered for introduction into 
commerce, unless the action is taken pursuant to section 7 to address 
an imminent hazard and the Administrator has determined that action 
against articles introduced or delivered for introduction into commerce 
is necessary to protect health or the environment.''; and
            (4) by adding at the end the following new subsection:
    ``(j) Rulemaking.--In carrying out this Act, the Administrator is 
authorized to prescribe such regulations as are necessary to carry out 
this Act.''.

SEC. 25. STATE PROGRAMS.

    Section 28 of the Toxic Substances Control Act (15 U.S.C. 2627) is 
amended--
            (1) in subsection (a)--
                    (A) by amending the subsection heading to read as 
                follows:
    ``(a) State Grants.--'';
                    (B) before ``For the purpose of complementing'', by 
                inserting the following:
            ``(1) In general.--'';
                    (C) by inserting ``and tribes'' after ``may make 
                grants to States'';
                    (D) by striking ``unreasonable risks within the 
                States'' and inserting ``risks within the States and 
                tribes'';
                    (E) by striking ``is unable or is not likely to 
                take'' and inserting ``has not taken''; and
                    (F) by inserting ``or tribe'' after ``no grant for 
                any State'';
            (2) by redesignating subsections (b), (c), and (d) as 
        paragraphs (2), (3), and (4), respectively;
            (3) in paragraph (2), as redesignated by paragraph (2) of 
        this section--
                    (A) by redesignating paragraphs (1) and (2) as 
                subparagraphs (A) and (B), respectively;
                    (B) in subparagraph (A), as redesignated by 
                subparagraph (A) of this paragraph--
                            (i) by redesignating subparagraphs (A) 
                        through (F) as clauses (i) through (vi), 
                        respectively;
                            (ii) in clause (ii), as redesignated by 
                        clause (i), by inserting ``or tribe''; and
                            (iii) by striking ``subsection (a)'' each 
                        place it appears and inserting ``paragraph 
                        (1)'';
                    (C) in subparagraph (B), as redesignated by 
                subparagraph (B) of this paragraph--
                            (i) by striking ``paragraph (1)'' and 
                        inserting ``subparagraph (A)'';
                            (ii) by inserting ``or tribe'' after 
                        ``State'' each place it appears; and
                            (iii) by striking ``including cancer, birth 
                        defects, and gene mutations,'';
            (4) in paragraph (3), as redesignated by paragraph (2) of 
        this section, by striking ``subsection (a)'' and inserting 
        ``this subsection'';
            (5) in paragraph (4), as redesignated by paragraph (2) of 
        this section, by striking ``subsection (a)'' and inserting 
        ``this subsection''; and
            (6) by inserting at the end the following new subsection:
    ``(b) State Coordination.--Not later than 18 months after enactment 
of the Toxic Chemicals Safety Act of 2010, the Administrator shall 
establish a process to coordinate with State and tribal governments, on 
an on-going basis, to share data and priorities relating to the 
management of chemical substances and mixtures under this title and 
under programs operated by States and tribes, in keeping with 
requirements of section 14. The areas for coordination shall include 
the following:
            ``(1) Grant funding under subsection (a).
            ``(2) Design and development of the public database 
        established pursuant to section 8(d).
            ``(3) Development of a process by which confidential 
        business information may be shared with the States under 
        section 14.
            ``(4) Development of action plans under section 38(d).''.

SEC. 26. AUTHORIZATION FOR APPROPRIATIONS.

    (a) Authorization.--Section 29 of the Toxic Substances Control Act 
(15 U.S.C. 2628) is amended to read as follows:

``SEC. 29. AUTHORIZATION FOR APPROPRIATIONS.

    ``There are authorized to be appropriated to the Administrator to 
carry out this Act such sums as necessary for each of fiscal years 2011 
through 2018.''.

SEC. 27. ADDITIONAL REQUIREMENTS.

    (a) Additional Requirements.--The Toxic Substances Control Act (15 
U.S.C. 2601 et seq.) is amended by adding after section 31 the 
following new sections:

``SEC. 32. CHEMICAL SUBSTANCES AND MIXTURES THAT ARE PERSISTENT, 
              BIOACCUMULATIVE, AND TOXIC.

    ``(a) Identification.--Not later than 1 year after the date of 
enactment of the Toxic Chemicals Safety Act of 2010, the Administrator 
shall by rule establish criteria to identify chemical substances and 
mixtures that are persistent, bioaccumulative, and toxic, or are 
degraded or metabolized into chemical substances that are persistent, 
bioaccumulative, and toxic, and for which there is documented evidence 
of exposure to humans or the environment.
    ``(b) Publication.--Not later than 6 months after the promulgation 
of the rule under subsection (a), and every 3 years thereafter, the 
Administrator shall publish a list of all chemical substances and 
mixtures that meet those criteria, based on available scientific 
information.
    ``(c) Risk Management.--
            ``(1) Expedited exposure reduction.--As promptly as 
        feasible and not later than 18 months after the listing of a 
        chemical substance or mixture under subsection (b), the 
        Administrator shall impose conditions authorized under section 
        6(c) on the manufacture, processing, use, distribution in 
        commerce, and disposal of such chemical substance or mixture 
        necessary to achieve the greatest practicable reductions in 
        exposure to the chemical substance or mixture.
            ``(2) Residual risk assessment.--Within one year after the 
        effective date of such conditions, the Administrator shall 
        determine whether the chemical substance or mixture meets the 
        safety standard with the conditions imposed, taking into 
        account the residual risk posed by continued exposure to the 
        chemical substance or mixture, and shall impose any further 
        conditions authorized under section 6(c) necessary to ensure 
        that the chemical substance or mixture meets the safety 
        standard.
    ``(d) Manufacturer Duties.--
            ``(1) No minimum data set.--Notwithstanding the 
        requirements of section 4(a) of this title, manufacturers and 
        processors of chemical substances or mixtures listed pursuant 
        to subsection (b) shall not be required to submit a minimum 
        data set for such chemical substances or mixtures, unless 
        requested to do so by the Administrator.
            ``(2) Declaration.--Not later than 6 months after a 
        chemical substance or mixture is listed under subsection (b), 
        manufacturers and processors of such chemical substance or 
        mixture shall submit the declaration required by section 
        8(a)(2).
    ``(e) New Chemical Substances and New Uses.--
            ``(1) For each new chemical substance subject to section 
        5(a)(1), the Administrator shall determine whether the chemical 
        substance or mixture, or a degradation product or metabolite of 
        the chemical substance or mixture, meets the criteria 
        established under subsection (a) of this section.
            ``(2) For each chemical substance or mixture identified in 
        paragraph (1), and for any proposed new use of a chemical 
        substance subject to section 5(a)(1) that is identified in 
        subsection (b), the Administrator shall allow manufacture, 
        processing, and distribution in commerce of the substance only 
        for a use which the Administrator determines meets the 
        requirements of section 6(e).

``SEC. 33. CHILDREN'S ENVIRONMENTAL HEALTH.

    ``(a) Children's Environmental Health Research.--
            ``(1) In general.--Subject to amounts made available in 
        advance in appropriations Acts, the Administrator shall enter 
        into contracts and make grants to further understanding of the 
        vulnerability of children to chemical substances.
            ``(2) Consultation.--Contracts and grants under this 
        section shall be made in consultation with Science Advisory 
        Board on Children's Health and Toxic Substances established 
        under subsection (b) and the Children's Health Protection 
        Advisory Committee established in response to Executive Order 
        13045.
    ``(b) Science Advisory Board on Children's Health and Toxic 
Substances.--
            ``(1) Establishment.--Not later than 90 days after the date 
        of enactment of the Toxic Chemicals Safety Act of 2010, the 
        Administrator shall consult with the head of any other 
        appropriate Federal agency to establish an advisory board to be 
        known as the `Science Advisory Board on Children's Health and 
        Toxic Substances'. The Board, and any subcommittee thereof, 
        shall be subject to the Federal Advisory Committee Act (5 
        U.S.C. App.).
            ``(2) Purposes.--The purposes of the Science Advisory Board 
        on Children's Health and Toxic Substances shall be to provide 
        independent advice, expert consultation, and peer review upon 
        the request of the Administrator on the scientific and 
        technical aspects of issues relating to the implementation of 
        this title with respect to protecting children's health under 
        this Act.
            ``(3) Composition.--The Administrator shall--
                    ``(A) appoint the members of the Board, including, 
                at a minimum, one employee of--
                            ``(i) the National Institute of 
                        Environmental Health Sciences;
                            ``(ii) the Centers for Disease Control and 
                        Prevention;
                            ``(iii) the National Toxicology Program;
                            ``(iv) the National Cancer Institute;
                            ``(v) the National Tribal Science Council; 
                        and
                            ``(vi) not fewer than 3 centers of 
                        children's health at leading universities;
                    ``(B) ensure that at least \1/3\ of the members of 
                the Board have specific scientific expertise in the 
                relationship of chemical exposures to prenatal, infant, 
                and children's health; and
                    ``(C) ensure that all appointments shall be made 
                without regard to political affiliation or political 
                activity, unless required by Federal statute.
            ``(4) Disclosure.--
                    ``(A) The Administrator shall make publicly 
                available in accordance with subparagraph (B) the 
                following information:
                            ``(i) A description of the process used to 
                        establish and appoint the members of the 
                        advisory committee, including the following:
                                    ``(I) The process for identifying 
                                prospective members.
                                    ``(II) The process of selecting 
                                members for balance of viewpoints or 
                                expertise.
                            ``(ii) A list of all current members, 
                        including, for each member, the following:
                                    ``(I) The name of any person or 
                                entity that nominated the member.
                                    ``(II) The reason the member was 
                                appointed to the committee.
                                    ``(III) Whether the member is 
                                designated as a special government 
                                employee or a representative.
                                    ``(IV) In the case of a 
                                representative, the individuals or 
                                entity whose viewpoint the member 
                                represents.
                            ``(iii) A list of all members designated as 
                        special government employees for whom written 
                        certifications were made under section 208(b) 
                        of title 18, United States Code, a summary 
                        description of the conflict necessitating the 
                        certification, and the reason for granting the 
                        certification.
                            ``(iv) Transcripts or audio or video 
                        recordings of all meetings of the committee.
                            ``(v) Any additional information considered 
                        relevant by the head of the agency to which the 
                        advisory committee reports.
                    ``(B)(i) Except as provided in clause (ii), the 
                Administrator shall make the information required to be 
                disclosed under subparagraph (A) available 
                electronically on the official public internet site of 
                the agency at least 15 calendar days before each 
                meeting of an advisory committee. If the Administrator 
                determines that such timing is not practicable for any 
                required information, the information shall be made 
                available as soon as practicable but no later than 48 
                hours before the next meeting of the committee. The 
                Administrator may withhold from disclosure any 
                information that would be exempt from disclosure under 
                section 552 of title 5, United States Code.
                    ``(ii) The Administrator shall make available 
                electronically, on the official public internet site of 
                the agency, a transcript or audio or video recording of 
                each advisory committee meeting not later than 30 
                calendar days after the meeting.
    ``(c) Biomonitoring.--
            ``(1) Study.--
                    ``(A) If, through studies performed pursuant to 
                grants and contracts under subsection (a), testing or 
                biomonitoring under section 4, or other available 
                research, the Administrator identifies a chemical 
                substance (or a metabolite or degradation product of 
                such substance) that is likely to be present in human 
                biological media at a level above that normally found 
                in such media that is likely to have adverse effects on 
                early childhood development, the Administrator shall, 
                except as provided in subparagraph (B), coordinate with 
                the Secretary of Health and Human Services to conduct, 
                not later than 2 years after the date on which the 
                Administrator makes such identification, a 
                biomonitoring study to determine the presence of the 
                chemical substance in human biological media in, at a 
                minimum, pregnant women and infants.
                    ``(B) A biomonitoring study under subparagraph (A) 
                shall not be required if--
                            ``(i) the Administrator determines that the 
                        chemical substance is already subject to 
                        equivalent testing;
                            ``(ii) the Administrator has determined 
                        that the chemical substance meets the safety 
                        standard; or
                            ``(iii) a safety standard determination is 
                        pending, and the Administrator determines that 
                        such a study is not required to complete the 
                        determination.
            ``(2) Publication.--Upon completion of any biomonitoring 
        study conducted pursuant to paragraph (1), the Administrator 
        shall publish the results of the study on the public database 
        established pursuant to section 8(d).
            ``(3) Positive results.--
                    ``(A) Disclosure.--Whenever a chemical substance or 
                mixture (or a metabolite or degradation product of such 
                substance or mixture) is determined to be present in 
                human biological media in a biomonitoring study 
                conducted pursuant to paragraph (1), the manufacturers 
                and processors of such chemical substance or mixture 
                shall, not later than 180 days after the date of 
                publication of such study, disclose to the 
                Administrator, commercial customers of the 
                manufacturers and processors, consumers, and the 
                public--
                            ``(i) all known uses of the chemical 
                        substance or mixture; and
                            ``(ii) all articles in which the chemical 
                        substance or mixture is or is expected to be 
                        present.
                    ``(B) Cost and form of disclosure.--Information 
                under clauses (i) and (ii) of subparagraph (A) shall 
                be--
                            ``(i) added to the public database 
                        established pursuant to section 8(d); and
                            ``(ii) made readily accessible and free of 
                        charge by each applicable manufacturer and 
                        processor in electronic format to the 
                        commercial customers of such manufacturer or 
                        processor, consumers, and the public.

``SEC. 34. REDUCTION OF ANIMAL-BASED TESTING.

    ``(a) Duties of the Administrator.--The Administrator shall take 
action to minimize the use of animals in testing of chemical substances 
or mixtures, including--
            ``(1) encouraging and facilitating, where practicable--
                    ``(A) use of existing data of sufficient scientific 
                quality;
                    ``(B) use of test methods that eliminate or reduce 
                the use of animals but provide data of high scientific 
                quality;
                    ``(C) grouping of 2 or more chemical substances 
                into scientifically appropriate categories where 
                testing of one chemical substance will provide reliable 
                and useful data on others in the category;
                    ``(D) formation of industry consortia to jointly 
                conduct testing to avoid unnecessary duplication of 
                tests; and
                    ``(E) parallel submission of data from animal-based 
                studies and from emerging methods and models;
            ``(2) funding research and validation studies to reduce, 
        refine, and replace the use of animal tests in accordance with 
        this subsection;
            ``(3) in consultation with the Interagency Coordinating 
        Committee on the Validation of Alternative Methods, and after 
        providing an opportunity for public comment, developing a 
        strategic plan to promote the development and implementation of 
        alternative test methods and testing strategies to generate 
        information used for safety standard determinations under 
        section 6(b) that do not use animals, including toxicity 
        pathway-based risk assessment, in vitro studies, systems 
        biology, computational toxicology, bioinformatics, and high-
        throughput screening; and
            ``(4) biennially reporting to Congress on progress made in 
        implementing this section.
    ``(b) List of Methods.--Not later than 1 year after the date of 
enactment of the Toxic Chemicals Safety Act of 2010, and triennially 
thereafter, the Administrator, in consultation with the Interagency 
Coordinating Committee on the Validation of Alternative Methods, shall 
publish a list of demonstrated testing methods that reduce the use of 
animals in testing.
    ``(c) Criteria for Adapting or Waiving Animal Testing 
Requirements.--Upon request from a manufacturer or processor that is 
required to conduct animal-based testing of a chemical substance or 
mixture under this title, the Administrator may adapt or waive such 
requirement in part or in whole if the Administrator determines that--
            ``(1) there is sufficient weight-of-evidence that a 
        chemical substance or mixture has, or does not have, a 
        particular property for which such testing would be required;
            ``(2) testing for a specific adverse effect is technically 
        not practicable to conduct as a consequence of the substance 
        characteristics; or
            ``(3) a chemical substance or mixture cannot be tested in 
        animals at concentrations that do not result in significant 
        pain or distress as a consequence of the substance 
        characteristics, such as potential to cause severe corrosion or 
        severe irritation to tissues.
A waiver under this subsection does not waive the duty of the 
manufacturer or processor to demonstrate that the chemical substance or 
mixture meets the safety standard under section 5(a) or section 6(b).

``SEC. 35. SAFER ALTERNATIVES AND GREEN CHEMISTRY AND ENGINEERING.

    ``(a) Safer Alternatives.--
            ``(1) Incentives.--Not later than 1 year after the date of 
        enactment of the Toxic Chemicals Safety Act of 2010, the 
        Administrator shall, after notice and opportunity for comment, 
        establish a program to create incentives for the development of 
        safer alternatives to existing chemical substances and mixtures 
        that reduce or avoid the use and generation of hazardous 
        chemical substances or mixtures. The program under this 
        paragraph shall include--
                    ``(A) recognition for a chemical substance or 
                mixture, an article containing such substance or 
                mixture, or a non-chemical alternative, determined by 
                the Administrator under paragraph (2) to be a safer 
                alternative for all intended uses or for a particular 
                use of an existing chemical substance or mixture by 
                means of a special designation intended for use in 
                marketing the safer alternative, and periodic public 
                awards; and
                    ``(B) such other financial or non-financial 
                incentives as the Administrator considers to be 
                appropriate to encourage the development, marketing, 
                and use of chemical substances or mixtures, articles 
                containing such substances or mixtures, or non-chemical 
                alternatives, determined by the Administrator to be 
                safer alternatives for all uses or for particular uses 
                of existing chemical substances or mixtures.
            ``(2) Safer alternative assessment.--Any person seeking 
        approval for a safer alternative under this section shall 
        submit to the Administrator an application, including the safer 
        alternative data set described in subparagraph (A) and shall 
        bear the burden of demonstrating that the safer alternative 
        standard is met, pursuant to subparagraph (B).
                    ``(A) Safer alternative data set.--Not later than 
                one year after the date of enactment of the Toxic 
                Chemicals Safety Act of 2010, the Administrator shall 
                establish, by rule, the data that constitute the safer 
                alternative data set. The rule shall identify the 
                information that the Administrator determines will be 
                useful for the safer alternative standard determination 
                under subparagraph (B) and shall include--
                            ``(i) chemical identity for the applicant 
                        alternative chemical substance or mixture, 
                        article containing such substance or mixture, 
                        or non-chemical alternative and the chemical 
                        substance or mixture targeted for substitution;
                            ``(ii) the proposed use, if applicable, or 
                        all intended uses of the applicant alternative;
                            ``(iii) substance characteristics, 
                        toxicological properties, and biological and 
                        environmental fate and transport data for the 
                        applicant alternative;
                            ``(iv) known and potential exposures for 
                        the applicant alternative;
                            ``(v) a comparative analysis of the 
                        applicant alternative and the chemical 
                        substance or mixture targeted for substitution 
                        based on the best publicly-available science on 
                        the targeted substance demonstrating that the 
                        applicant alternative will involve lower 
                        hazard, lower exposure, or both; and
                            ``(vi) a demonstration that the applicant 
                        alternative is effective for the proposed use 
                        or for all intended uses, as applicable.
                The rule shall require any person applying for approval 
                of a safer alternative to submit the safer alternative 
                data set, and may provide a form for such application.
                    ``(B) Safer alternative standard determination.--
                The Administrator shall, following the submission of a 
                safer alternative data set pursuant to subparagraph 
                (A), approve the applicant alternative chemical 
                substance or mixture, article containing such substance 
                or mixture, or non-chemical alternative for the 
                proposed use or uses if the Administrator determines 
                that the proposed alternative is effective for the 
                proposed use or uses and--
                            ``(i) provides a reasonable certainty of no 
                        harm from the aggregate exposure to the 
                        alternative substance from intended uses, 
                        including to vulnerable populations, and 
                        protects the public welfare, considering the 
                        lifecycle of the alternative substance and 
                        cumulative exposures and other relevant 
                        considerations, and, when compared to the 
                        chemical substance or mixture targeted for 
                        substitution--
                                    ``(I) reduces the potential for 
                                harm to human health or the 
                                environment;
                                    ``(II) has been shown not to be 
                                persistent or bioaccumulative, while 
                                the chemical substance or mixture 
                                targeted for substitution has not; or
                                    ``(III) does not require the use of 
                                hazardous, persistent, or 
                                bioaccumulative substances during its 
                                manufacture or processing, while the 
                                chemical substance or mixture targeted 
                                for substitution does; or
                            ``(ii) in the case that the applicant 
                        alternative cannot provide a reasonable 
                        certainty of no harm from the aggregate 
                        exposure to the alternative substance from 
                        intended uses, including to vulnerable 
                        populations, and protect the public welfare, 
                        considering the lifecycle of the alternative 
                        substance and cumulative exposures and other 
                        relevant considerations, the chemical substance 
                        or mixture targeted for substitution had been 
                        granted or would qualify for a critical use 
                        exemption under section 6(e) and the applicant 
                        alternative chemical substance or mixture, 
                        article containing such substance or mixture, 
                        or non-chemical alternative, when compared to 
                        the chemical substance or mixture targeted for 
                        substitution--
                                    ``(I) reduces the potential for 
                                harm to human health or the 
                                environment;
                                    ``(II) has been shown not to be 
                                persistent or bioaccumulative, while 
                                the chemical substance or mixture 
                                targeted for substitution has not; or
                                    ``(III) does not require the use of 
                                hazardous, persistent, or 
                                bioaccumulative substances during its 
                                manufacture or processing, while the 
                                chemical substance or mixture targeted 
                                for substitution does.
                        Any applicant alternative approved under this 
                        section shall be exempt from the requirements 
                        of sections 4, 5, and 6 for the uses considered 
                        and approved in the approval under this 
                        section, except that any approval under this 
                        section shall expire after 15 years, at which 
                        time a renewal will be required pursuant to 
                        section 6(b).
                    ``(C) Consideration in determination.--Any safer 
                alternative standard determination made under this 
                subsection shall be considered by the Administrator in 
                making a safety standard determination under section 
                6(b) or in granting an exemption under section 6(e) for 
                the chemical substance or mixture targeted for 
                substitution by the application under this subsection.
    ``(b) Green Chemistry.--
            ``(1) Green chemistry research network.--Not later than 2 
        years after the date of enactment of the Toxic Chemicals Safety 
        Act of 2010, and subject to amounts made available in advance 
        in appropriations Acts, the Administrator shall establish an 
        interdisciplinary network of regional centers, to support the 
        research, development, and adoption of safer alternatives to 
        existing chemical substances and mixtures, particularly 
        chemical substances and mixtures listed on the priority list 
        under section 6(a).
            ``(2) Green chemistry and engineering research.--Subject to 
        amounts made available in advance in appropriations Acts, the 
        Administrator shall make grants and enter into contracts to 
        promote and support the research, development, and adoption of 
        safer alternatives to existing chemical substances and 
        mixtures.
            ``(3) Green chemistry workforce education and training 
        program.--
                    ``(A) Establishment of program.--The Administrator 
                shall establish a program to facilitate the development 
                of a workforce, including industrial and scientific 
                workers, that produces safer alternatives to existing 
                chemical substances and mixtures.
                    ``(B) Goals.--The goals of the program established 
                under subparagraph (A) are to provide workforce 
                training on skills that will--
                            ``(i) facilitate the expansion of green 
                        chemistry in the United States to create new 
                        and safer jobs;
                            ``(ii) develop a scientifically and 
                        technically trained green chemistry workforce 
                        in the United States;
                            ``(iii) inform and engage communities about 
                        green chemistry; and
                            ``(iv) promote innovation and strong public 
                        health and environmental protections.
                    ``(C) Implementation.--The Administrator shall, 
                subject to amounts made available in advance in 
                appropriations Acts, implement the program established 
                under subparagraph (A) to achieve the goals under 
                subparagraph (B), including by--
                            ``(i) promoting the development of a broad 
                        range of skills relevant to the production and 
                        use of safer alternatives to existing chemical 
                        substances and mixtures, including their 
                        design, manufacturing, and use and disposal;
                            ``(ii) developing partnerships with 
                        educational institutions, training 
                        organizations, private sector companies, 
                        community organizations, labor unions, and 
                        other non-profit organizations; and
                            ``(iii) in coordination with the Secretary 
                        of Labor and the Secretary of Energy, providing 
                        grants to State and local governments and to 
                        the partnerships established pursuant to clause 
                        (ii) to promote and support activities 
                        consistent with achieving the goals under 
                        subparagraph (B).

``SEC. 36. INTERNATIONAL COOPERATION AND AGREEMENTS.

    ``(a) Cooperation.--In coordination with the Secretary of State and 
the head of any other Federal agency, as appropriate, the Administrator 
shall cooperate with any international effort which the Administrator 
determines has broad international support and a reasonable expectation 
of success--
            ``(1) to develop a common protocol or electronic database 
        relating to chemical substances and mixtures; or
            ``(2) to develop safer alternatives for chemical substances 
        and mixtures.
    ``(b) Prohibition.--
            ``(1) Prohibition.--Except as provided in paragraph (2), 
        notwithstanding any other provision of law, effective 3 years 
        after the date of enactment of the Toxic Chemicals Safety Act 
        of 2010, no person shall manufacture, process, distribute in 
        commerce, use for commercial purposes, or dispose of the 
        following chemical substances, except in a manner determined by 
        the Administrator to be protective of health and the 
        environment:
                    ``(A) Hexabromobiphenyl.
                    ``(B) Hexachlorobenzene.
                    ``(C) Hexabromodiphenyl ether and 
                Heptabromodiphenyl ether and congeners in the 
                commercial OctaBDE mixture.
                    ``(D) Pentachlorobenzene.
                    ``(E) Tetrabromodiphenyl ether and 
                pentabromodiphenyl ether and congeners in the 
                commercial PentaBDE mixture.
            ``(2) Exception.--If the United States deposits its 
        instrument of ratification for the Stockholm Convention, the 
        PIC Convention, or the LRTAP POPs Protocol before the 
        prohibition under paragraph (1) has taken effect, the effective 
        date of the prohibition shall be determined in keeping with the 
        requirements of the applicable agreement.
    ``(c) Notice of Restrictions Under International Agreements.--Not 
later than 60 days after the enactment of the Toxic Chemicals Safety 
Act of 2010, the Administrator, in consultation with the Secretary of 
State, shall publish in the Federal Register a notice of the chemical 
substances or mixtures that are subject to the Stockholm Convention, 
the PIC Convention, and the LRTAP POPs Protocol, including conditions 
or restrictions relating to such chemical substances or mixtures 
imposed by such agreements or by foreign governments pursuant to such 
agreements.
    ``(d) Implementing Agreements.--In consultation with the Secretary 
of State and the head of any other appropriate Federal agency (as 
determined by the Administrator), the Administrator shall implement the 
provisions of international agreements (and any subsequent amendment to 
such agreements) related to chemical substances and mixtures to which 
the United States becomes a party. Such implementation shall provide 
notice at each step in the listing and delisting process as required in 
such agreements and include requirements that:
            ``(1) Not later than 30 days after the United States 
        deposits its instrument of ratification for the Stockholm 
        Convention, the PIC Convention, the LRTAP POPs Protocol, or any 
        other international agreement related to chemical substances 
        and mixtures, or not later than 30 days after the listing of 
        any chemical substance or mixture subsequently added under such 
        an instrument has entered into force for the United States, 
        (whichever occurs earlier), the Administrator shall provide 
        public notice of the chemical substances or mixtures that are 
        subject to that agreement, and shall provide similar public 
        notice of any chemical substance or mixture subsequently added 
        under such agreement. In providing such notice, the 
        Administrator may specify the applicable requirements for 
        individual chemical substances or mixtures.
            ``(2) Whenever a chemical substance or mixture is proposed 
        for listing under an international agreement to which the 
        United States is a party, the Administrator shall publish in 
        the Federal Register a notice that--
                    ``(A) includes any relevant toxicity, exposure, and 
                risk information related to the chemical substance or 
                mixture known to the Administrator, as well as any 
                domestic activities involving the chemical substance or 
                mixture known to the Administrator;
                    ``(B) includes a summary of the process, under the 
                international agreement, for the listing or delisting 
                step that was taken, including criteria applied in that 
                process and records generated by the international body 
                during that process;
                    ``(C) requires any person that manufactures, 
                processes, distributes in commerce, uses, or disposes 
                of the chemical substance or mixture to provide to the 
                Administrator any information that the Administrator 
                determines to be necessary to assist the United States 
                in its consideration of the proposal; and
                    ``(D) provides an opportunity for public comment on 
                the proposed listing of the chemical substance or 
                mixture.
        The comments and information received under this paragraph 
        shall be placed in a public docket and shall be considered in 
        the Administrator's review of the proposal.
            ``(3) Any chemical substance or mixture listed under an 
        international agreement to which the United States is a party 
        that is not already subject to conditions under section 6(c) or 
        already listed on the priority list under section 6(a) shall be 
        promptly added to the priority list under section 6(a).
            ``(4) If there are applicable obligations for a chemical 
        substance or mixture under more than one international 
        agreement to which the United States is a party, the most 
        stringent of such obligations shall apply to ensure compliance 
        with each of those agreements.
    ``(e) Rules.--The Administrator may promulgate such rules as the 
Administrator determines necessary to cooperate with international 
efforts pursuant to subsection (a) and to implement international 
agreements related to chemical substances and mixtures pursuant to 
subsection (d).
    ``(f) Effect on Other Provisions of Law.--Nothing in this section 
shall affect the authority of the Administrator to regulate a chemical 
substance or mixture under any other provision of law, provided that 
such regulation--
            ``(1) is not less stringent than actions prescribed by this 
        section; and
            ``(2) does not impair the ability of the United States to 
        comply with obligations under international agreements (and any 
        subsequent amendment to such agreements) related to chemical 
        substances and mixtures to which the United States becomes a 
        party.
    ``(g) Definitions.--In this section:
            ``(1) LRTAP convention.--The term `LRTAP Convention' means 
        the Convention on Long-Range Transboundary Air Pollution, 
        adopted in Geneva on November 13, 1979, and any subsequent 
        amendment or protocol.
            ``(2) LRTAP pops protocol.--The term `LRTAP POPs Protocol' 
        means the Protocol on Persistent Organic Pollutants to the 
        LRTAP Convention, adopted in Aarhus on June 24, 1998, and any 
        subsequent amendment.
            ``(3) Stockholm convention.--The term `Stockholm 
        Convention' means the Stockholm Convention on Persistent 
        Organic Pollutants adopted in Stockholm on May 22, 2001, and 
        any subsequent amendment or protocol.

``SEC. 37. DATA QUALITY.

    ``Not later than 18 months after the date of enactment of the Toxic 
Chemicals Safety Act of 2010, the Administrator shall, by order, after 
notice and opportunity for comment, establish and implement procedures 
to ensure data quality under this Act including, at a minimum, 
requirements that--
            ``(1) not less than annually, the Administrator randomly 
        inspect commercial and private laboratories that develop the 
        data required under this title;
            ``(2) annually, the Administrator perform a comprehensive 
        data audit on a subset, as selected by the Administrator, of 
        the data submissions under this title;
            ``(3) the Administrator have access to all records of 
        privately sponsored health and safety studies initiated in 
        response to requirements under this title; and
            ``(4) the submitter of any study conducted by a third party 
        in response to requirements under this title disclose to the 
        Administrator and the public, at the time of submission, the 
        sources of any funding used for the conduct or publication of 
        the study received by the researchers who conducted the study.

``SEC. 38. HOT SPOTS.

    ``(a) Criteria.--Not later than 1 year after the date of enactment 
of the Toxic Chemicals Safety Act of 2010, the Administrator shall 
promulgate a rule to--
            ``(1) establish criteria for the determination of 
        disproportionate exposure, which shall include criteria for 
        identification of average exposure levels in the United States 
        and criteria for identification of exceedences that are 
        significant based on their potential impact on health or the 
        environment;
            ``(2) establish criteria to identify any locality that is 
        disproportionately exposed; and
            ``(3) develop a method for data collection on and 
        categorization of patterns of disproportionate exposure and 
        associated adverse effects.
    ``(b) Identification.--
            ``(1) In general.--Not later than 18 months after 
        promulgation of the rule under subsection (a), the 
        Administrator shall identify localities within the United 
        States subject to disproportionate exposure.
            ``(2) Use of data.--In identifying localities under 
        paragraph (1), the Administrator--
                    ``(A) shall use data contained in the National Air 
                Toxic Assessment Database; and
                    ``(B) may use other data available to the 
                Administrator, including data developed pursuant to--
                            ``(i) the Safe Drinking Water Act (42 
                        U.S.C. 300f et seq.);
                            ``(ii) the Solid Waste Disposal Act (42 
                        U.S.C. 6901 et seq.);
                            ``(iii) the Comprehensive Environmental 
                        Response, Compensation, and Liability Act of 
                        1980 (42 U.S.C. 9601 et seq.);
                            ``(iv) the Emergency Planning and Community 
                        Right-to-Know Act of 1986 (42 U.S.C. 11001 et 
                        seq.); and
                            ``(v) the National Environmental Public 
                        Health Tracking program at the Centers for 
                        Disease Control and Prevention.
            ``(3) Public participation.--The Administrator shall 
        provide an opportunity for State, local, and tribal governments 
        and members of the public to nominate localities for which 
        there may be disproportionate exposure for inclusion in the 
        identification of localities under paragraph (1).
    ``(c) Hot Spot List.--
            ``(1) In general.--Not later than 180 days after completing 
        the identification of localities under subsection (b)(1), the 
        Administrator shall, after notice and consultation with all 
        applicable State, local, and tribal health and environmental 
        officials, legislators and other elected officials, and members 
        of the public, publish a list of the localities subject to 
        disproportionate exposure identified pursuant to such 
        subsection in the Federal Register and make such list available 
        electronically. The initial list shall include at least 20 
        localities.
            ``(2) Updating.--Not later than 5 years after the date of 
        publication of the list under paragraph (1), and at least once 
        every 5 years thereafter, the Administrator shall update and 
        republish such list. The Administrator may update and republish 
        such list to add new localities that meet the criteria under 
        subsection (a), or to remove localities when the Administrator 
        determines that the percentage exposure reduction goal for such 
        a locality established pursuant to subsection (d) has been 
        achieved and no further action is needed. The Administrator 
        shall notify all applicable State, local, and tribal health and 
        environmental officials, legislators and other elected 
        officials, and members of the public of such an updated 
        listing.
    ``(d) Action Plans.--Not later than 1 year after publishing or 
updating the list under subsection (c), the Administrator shall 
coordinate with State, local, and tribal governments and members of the 
public to develop, for each locality identified on the list, an action 
plan to reduce disproportionate exposure within such locality. Each 
such action plan shall include--
            ``(1) identification of the chemical substances and 
        mixtures that contribute to the disproportionate exposure 
        (including exposure levels, sources, and pathways);
            ``(2) a description of actions to be undertaken by the 
        Administrator or State, local, or tribal governments, to reduce 
        disproportionate exposure within the locality;
            ``(3) a percentage exposure reduction goal for each 
        chemical substance and mixture identified under paragraph (1); 
        and
            ``(4) a timeline to achieve the percentage exposure 
        reduction goal under paragraph (3).
    ``(e) Report to Congress.--Beginning on the date that is one year 
after the development of the first action plan under subsection (d), 
and annually thereafter, the Administrator shall--
            ``(1) prepare and submit to Congress an annual report 
        identifying--
                    ``(A) each locality added to the list in the prior 
                year under subsection (c);
                    ``(B) each action plan developed in the prior year 
                under subsection (d);
                    ``(C) the progress on each action plan to date; and
                    ``(D) the reasons why any timelines for percentage 
                exposure reductions were not met and the revised 
                timeline for meeting those reductions; and
            ``(2) make the report available to the public in the public 
        database established under section 8(d).
    ``(f) Locality.--In this section, the term `locality' means any 
geographical area in which the Administrator identifies 
disproportionate exposure and may include a county, city, town, 
neighborhood, census tract, zip code, or other commonly understood 
political or geographical subdivision.

``SEC. 39. EXEMPTION FOR CHEMICAL SUBSTANCES OR MIXTURES BASED ON 
              INTRINSIC PROPERTIES.

    ``(a) Authority to Exempt Certain Chemical Substances and Mixtures 
Based on Intrinsic Properties.--If the Administrator determines that 
scientific consensus exists that the intrinsic properties of a chemical 
substance or mixture are such that it does not and would not pose any 
risk of injury to health or the environment under any current, 
proposed, or anticipated levels of production, patterns of use, or 
exposures arising at any stage across the lifecycle of the substance or 
mixture, the Administrator may, by order, exempt the substance or 
mixture, or particular uses of the substance or mixture, from one or 
more of the requirements of sections 4, 5, 6 and 8 of this Act. A 
determination under this section shall be based on consideration of the 
intrinsic properties of the substance or mixture, and shall not be 
based on findings or assumptions of low human or environmental exposure 
to the substance or mixture.
    ``(b) Notice of Determination and Exemption.--Within 30 days of 
determining and exempting, pursuant to subsection (a), a chemical 
substance or mixture, or a particular use of a chemical substance or 
mixture, the Administrator shall publish in the Federal Register, and 
shall add to the public database established pursuant to section 8(d), 
a notice that provides the specific identity of the chemical substance 
or mixture, and, for a particular use determined and exempted under 
subsection (a), the particular use of the substance or mixture, that 
the Administrator has determined and exempted under subsection (a) and 
that explains and documents the basis for the Administrator's 
determination and exemption.
    ``(c) Reconsideration of Determination and Exemption.--
            ``(1) In general.--The Administrator may reconsider and 
        revoke or modify any determination or exemption under 
        subsection (a) at any time if the Administrator determines that 
        the conditions of subsection (a) are no longer met, or that 
        such action is necessary to protect human health or the 
        environment or is otherwise in the public interest. In the 
        event of such revocation or modification, the Administrator 
        shall provide public notice of the grounds for that 
        determination and publish such notice on the public database 
        established pursuant to section 8(d).
            ``(2) Effective date.--Any revocation or modification 
        undertaken pursuant to this subsection shall not take effect 
        prior to the date that is one year after public notice of the 
        determination, unless an earlier effective date is necessary to 
        protect human health or the environment.
    ``(d) Prior Regulatory Exemptions.--Not later than one year after 
the date of enactment of the Toxic Chemicals Safety Act of 2010, 
exemptions granted by the Administrator pursuant to section 5(h)(4) of 
this Act prior to the date of enactment of the Toxic Chemicals Safety 
Act of 2010, as such section was in effect before such date of 
enactment, shall be reviewed by the Administrator and continued in 
effect under the authority granted by this section, as appropriate. 
Such an exemption shall continue to be in effect until such date as the 
Administrator determines, by order, that--
            ``(1) the exemption is not authorized or not appropriate 
        under this section, at which time the exemption shall cease to 
        be in effect; or
            ``(2) the exemption is authorized and appropriate under 
        this section, at which time the Administrator may issue an 
        order to modify or continue in effect the exemption pursuant to 
        subsection (a).
    ``(e) No Limitation on Authority.--Nothing in this section shall be 
construed to limit or otherwise affect the Administrator's authority 
under any other provision of this Act.

``SEC. 40. APPLICATION OF THIS ACT TO FEDERAL AGENCIES.

    ``(a) In General.--Except as provided in subsection (e), each 
Federal agency, and any officer, agent, or employee thereof, shall be 
subject to, and comply with, all applicable requirements of this Act, 
both substantive and procedural, in the same manner, and to the same 
extent, as any person subject to such requirements. The substantive and 
procedural requirements referred to in this subsection include--
            ``(1) any rule or order;
            ``(2) any civil or administrative penalty or fine, 
        regardless of whether such penalty or fine is punitive or 
        coercive in nature or is imposed for isolated, intermittent, or 
        continuing violations;
            ``(3) any requirement for reporting;
            ``(4) any provision for injunctive relief and such 
        sanctions as may be imposed by a court to enforce such relief; 
        and
            ``(5) payment of user fees under section 26(b).
    ``(b) Waiver of Immunity.--The United States hereby expressly 
waives any immunity otherwise applicable to the United States with 
respect to any substantive or procedural requirement referred to under 
subsection (a).
    ``(c) Civil Penalties.--No agent, employee, or officer of the 
United States shall be personally liable for any civil penalty under 
this Act with respect to any act or omission within the scope of the 
official duties of the agent, employee, or officer.
    ``(d) Criminal Sanctions.--An agent, employee, or officer of the 
United States shall be subject to any criminal sanction (including any 
fine or imprisonment) under this Act, but no Federal agency shall be 
subject to any such sanction.
    ``(e) Exemption.--
            ``(1) In general.--If the President determines it is in the 
        paramount interest of the United States, the President may 
        grant an exemption for any Federal agency from compliance with 
        any requirement of this Act.
            ``(2) Lack of appropriation.--No exemption shall be granted 
        under paragraph (1) due to lack of appropriation unless the 
        President has specifically requested such appropriation as a 
        part of the budgetary process and the Congress has failed to 
        make available such requested appropriation.
            ``(3) Period of exemption.--Any exemption granted under 
        paragraph (1) shall be for a period of not more than 1 year, 
        but additional exemptions may be granted for periods not to 
        exceed 1 year upon the President's making a new determination 
        that such exemption is in the paramount interest of the United 
        States.
            ``(4) Report.--Annually after the date of enactment of the 
        Toxic Chemicals Safety Act of 2010, the President shall report 
        to the Congress all exemptions under this subsection granted 
        during the preceding calendar year, together with the reason 
        for granting each such exemption.
    ``(f) Administrative Enforcement Actions.--
            ``(1) In general.--The Administrator may commence an 
        administrative enforcement action against any Federal agency 
        pursuant to the enforcement authorities contained in this Act. 
        The Administrator shall initiate an administrative enforcement 
        action against such agency in the same manner and under the 
        same circumstances as an action would be initiated against 
        another person. Any voluntary resolution or settlement of an 
        administrative enforcement action shall be set forth in a 
        consent order.
            ``(2) Final.--No administrative order issued to a Federal 
        agency shall become final until such agency has had the 
        opportunity to confer with the Administrator.''.
    (b) Conforming Amendment.--The table of contents for the Toxic 
Substances Control Act is amended by adding after the item relating to 
section 31, the following new items:

``Sec. 32. Chemical substances and mixtures that are persistent, 
                            bioaccumulative, and toxic.
``Sec. 33. Children's environmental health.
``Sec. 34. Reduction of animal-based testing.
``Sec. 35. Safer alternatives and green chemistry and engineering.
``Sec. 36. International cooperation and agreements.
``Sec. 37. Data quality.
``Sec. 38. Hot spots.
``Sec. 39. Exemption for chemical substances or mixtures based on 
                            intrinsic properties.
``Sec. 40. Application of this Act to Federal agencies.''.
                                 <all>