[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2521 Introduced in House (IH)]

112th CONGRESS
  1st Session
                                H. R. 2521

  To reduce human exposure to endocrine-disrupting chemicals, and for 
                            other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             July 13, 2011

  Mr. Moran (for himself, Mr. Hinchey, Mr. Connolly of Virginia, Ms. 
Norton, Mr. George Miller of California, Ms. Richardson, Mr. Grijalva, 
Ms. Schakowsky, Mrs. Lowey, Mr. Rush, Mrs. Capps, Mr. McGovern, and Mr. 
   Price of North Carolina) introduced the following bill; which was 
            referred to the Committee on Energy and Commerce

_______________________________________________________________________

                                 A BILL


 
  To reduce human exposure to endocrine-disrupting chemicals, 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 ``Endocrine-Disrupting Chemicals 
Exposure Elimination Act of 2011''.

SEC. 2. TABLE OF CONTENTS.

    The table of contents of this Act is as follows:

Sec. 1. Short title.
Sec. 2. Table of contents.
Sec. 3. Findings.
Sec. 4. Definitions.
Sec. 5. Tiering applicable to levels of evidence and concern.
          TITLE I--RESEARCH ON ENDOCRINE-DISRUPTING CHEMICALS

Sec. 101. National toxicology program activities.
Sec. 102. Research program of national institute of environmental 
                            health sciences.
     TITLE II--REDUCING EXPOSURE TO ENDOCRINE-DISRUPTING CHEMICALS

Sec. 201. Federal agency action.
Sec. 202. Citizen suits.
                          TITLE III--TRAINING

Sec. 301. Training in fields related to the prevention of endocrine 
                            disruption.
                        TITLE IV--MISCELLANEOUS

Sec. 401. Authorization of appropriations.

SEC. 3. FINDINGS.

    The Congress finds as follows:
            (1) There is growing evidence that the human endocrine 
        system is extremely sensitive to particular chemicals.
            (2) Numerous studies show links between particular 
        chemicals and hormone functions in animals and in humans, and 
        those links have been further connected to numerous disorders.
            (3) A targeted research and evaluation program on suspected 
        endocrine-disrupting chemicals would establish greater 
        scientific certainty with respect to the linkage of particular 
        chemicals with endocrine system effects.
            (4) Credible linkages established by this research will be 
        the basis for regulation under authorities including--
                    (A) the Federal Food, Drug, and Cosmetic Act;
                    (B) the Toxic Substances Control Act;
                    (C) the Safe Drinking Water Act;
                    (D) the Food Quality Protection Act;
                    (E) the Clean Air Act;
                    (F) the Clean Water Act; and
                    (G) the Federal Insecticide, Fungicide, and 
                Rodenticide Act.
            (5) Such research, information availability, and scientific 
        perspective would also promote voluntary actions to reduce 
        exposure to these harmful chemicals through market forces.
            (6) There is a need to educate the public on the results of 
        research on endocrine-disrupting chemicals so that 
        manufacturers, processors, retailers, and individual consumers 
        can make informed decisions about potential exposure to harmful 
        chemicals.
            (7) People should be protected from chemicals that are 
        found to have endocrine-disrupting effects.
            (8) Animal testing should be reduced to the minimum 
        necessary with the goal of transitioning to a predominantly 
        nonanimal paradigm as articulated in the 2007 National Research 
        Council report ``Toxicity Testing in the Twenty-First Century: 
        A Vision and a Strategy''.

SEC. 4. DEFINITIONS.

    In this Act:
            (1) The term ``chemical'' means an individual chemical, a 
        combination of chemicals, or a mixture of chemicals.
            (2) The term ``Director'' means the Director of the 
        National Institute of Environmental Health Sciences.
            (3) The term ``endocrine-disrupting chemical'' means a 
        chemical that interrupts, alters, interferes with, disturbs, or 
        otherwise changes the human endocrine system or cell 
        functioning.
            (4) The term ``Endocrine Disruption Expert Panel'', 
        ``Expert Panel'', or ``Panel'' means the Endocrine Disruption 
        Expert Panel established under section 101(a)(2).

SEC. 5. TIERING APPLICABLE TO LEVELS OF EVIDENCE AND CONCERN.

    In identifying, determining, or making a finding with respect to a 
level of evidence or a level of concern under this Act (including 
sections 101(a)(3), 101(a)(4), 101(b)(2)(C), and 201(a)(2)(B)), the 
Director or the Expert Panel, as applicable, shall select from among 
the following levels:
            (1) High.
            (2) Substantial.
            (3) Minimal.
            (4) None.

          TITLE I--RESEARCH ON ENDOCRINE-DISRUPTING CHEMICALS

SEC. 101. NATIONAL TOXICOLOGY PROGRAM ACTIVITIES.

    (a) In General.--As part of the National Toxicology Program, the 
Director, in consultation with the National Toxicology Program Board of 
Scientific Counselors (or any successor board or committee), shall--
            (1) establish and implement a research program designed to 
        strengthen the scientific basis of information used by Federal 
        agencies to understand the effects of, and reduce human 
        exposure to, endocrine-disrupting chemicals;
            (2) establish (subject to subsection (b)(1)) an Endocrine 
        Disruption Expert Panel and direct the Panel to consider and 
        report to the Director on issues related to identification, 
        classification, or evaluation of endocrine-disrupting chemicals 
        as specified in subsection (b)(2);
            (3) for each chemical determined by the Director to be a 
        potential or actual endocrine-disrupting chemical--
                    (A) identify the level of evidence that such 
                chemical is or may be an endocrine-disrupting chemical;
                    (B) identify the level of concern that such 
                chemical may disrupt the human endocrine system; and
                    (C) identify the pathways of exposure to the 
                chemical for humans and animals; and
            (4) not later than 2 years after the date of the enactment 
        of this Act, and every 2 years thereafter, provide to the 
        Congress and each relevant Federal agency and make publicly 
        available--
                    (A) an up-to-date list specifying each chemical 
                identified by the Director to be a potential or actual 
                endocrine-disrupting chemical and identifying the level 
                of evidence that the chemical disrupts the human 
                endocrine system, the level of concern that the 
                chemical disrupts the human endocrine system, and the 
                pathways of exposure to the chemical for humans and 
                animals; and
                    (B) a report on--
                            (i) the National Toxicology Program's 
                        activities pertaining to endocrine-disrupting 
                        chemicals; and
                            (ii) the activities of Federal agencies 
                        with respect to endocrine-disrupting chemicals, 
                        including actions taken or expected to be taken 
                        pursuant to section 201.
    (b) Expert Panel.--
            (1) Appointment.--The Director, in consultation with the 
        National Toxicology Program Board of Scientific Counselors (or 
        any successor board or committee), shall appoint the members of 
        the Endocrine Disruption Expert Panel (established under 
        subsection (a)(2)) from among individuals who--
                    (A) have established expertise in the field of 
                endocrine disruption research by publishing research in 
                peer-reviewed literature and have received Federal 
                endocrine-research-related funding within the 2 years 
                preceding appointment under this subsection;
                    (B) provide assurances they will perform their 
                duties in a manner free of conflicts of interest, as 
                determined by the Director, including by complying with 
                section 208 of title 18, United States Code; and
                    (C) represent diverse disciplines, which may 
                include endocrinology, developmental and neurological 
                biology, embryology, biochemistry, physiology, 
                epidemiology, endocrine-driven oncology, in vitro and 
                computational toxicology, and medical research.
            (2) Duties.--During each of the 10 years following the date 
        of the enactment of this Act, the Expert Panel shall--
                    (A) consider, and report to the Director on, issues 
                related to identification, classification, or 
                evaluation of not more than 10 endocrine-disrupting 
                chemicals or groups of endocrine-disrupting chemicals;
                    (B) evaluate existing research aimed at 
                understanding the biological pathways in humans by 
                which endocrine-disrupting chemicals operate and 
                identify future research priorities as appropriate; and
                    (C) maintain a list that identifies chemicals of 
                concern for endocrine disruption effects and includes 
                findings, based upon peer-reviewed studies and other 
                relevant data, regarding--
                            (i) whether a chemical is a potential or 
                        actual endocrine-disrupting chemical;
                            (ii) the level of evidence that the 
                        chemical is or may be an endocrine-disrupting 
                        chemical;
                            (iii) the level of concern that the 
                        chemical may disrupt the human endocrine 
                        system;
                            (iv) the pathways of exposure to the 
                        chemical for humans and animals; and
                            (v) the need for additional data, assays, 
                        testing, or research to determine the level of 
                        concern associated with the chemical's 
                        potential to disrupt the human endocrine 
                        system.
            (3) Report.--The Expert Panel shall provide to the Director 
        and make publicly available a biennial report on the Panel's 
        activities, including an up-to-date version of the list under 
        paragraph (2)(C).
    (c) Petitions.--
            (1) In general.--Any State, Tribe, local government, 
        Federal agency, or person may petition the Director--
                    (A) to determine whether a chemical should be 
                identified by the National Toxicology Program to be a 
                potential or actual endocrine-disrupting chemical and 
                included in the list under subsection (a)(4)(A); or
                    (B) to reclassify a chemical, revise a finding, or 
                amend any other determination of the National 
                Toxicology Program based upon new information.
            (2) Rules.--The Director shall adopt rules that provide 
        for--
                    (A) the form and procedure for filing of petitions 
                under paragraph (1); and
                    (B) the procedural rights of entities filing such 
                petitions.
    (d) No Judicial Review.--A listing, finding, or other determination 
under this section shall not be subject to judicial review, nor to 
correction under section 515 of the Treasury and General Government 
Appropriations Act, 2001 (commonly referred to as the ``Information 
Quality Act'').

SEC. 102. RESEARCH PROGRAM OF NATIONAL INSTITUTE OF ENVIRONMENTAL 
              HEALTH SCIENCES.

    Subpart 12 of part C of title IV of the Public Health Service Act 
(42 U.S.C. 2851 et seq.) is amended by adding at the end the following:

``SEC. 463C. ENDOCRINE DISRUPTION RESEARCH PROGRAM.

    ``(a) Program.--The Director of the Institute shall conduct and 
support a research program, to be known as the Endocrine Disruption 
Research Program, to improve the understanding of how chemicals can 
disrupt the human endocrine system. Such program shall--
            ``(1) be designed--
                    ``(A) to develop the information needed by Federal 
                agencies to understand chemical disruption of the 
                endocrine system and reduce human and animal exposure 
                to endocrine-disrupting chemicals;
                    ``(B) to understand the cellular pathways in humans 
                by which endocrine-disrupting chemicals are able to 
                cause adverse effects; and
                    ``(C) to use laboratory practices that will produce 
                data that are sufficiently accurate and reproducible to 
                be used for regulatory decisions;
            ``(2) include research to design, develop, and validate 
        appropriately sensitive tests to screen and identify chemicals 
        capable of disrupting the human endocrine system;
            ``(3) address the full range of possible human health 
        impacts, including but not limited to--
                    ``(A) male and female developmental and 
                reproductive disorders;
                    ``(B) brain and neurobehavioral disorders;
                    ``(C) metabolic syndrome, prediabetes, diabetes, 
                improper glucose and fat metabolism, obesity, and 
                cardiovascular disorders;
                    ``(D) effects on the pituitary, hypothalamus, 
                hippocampus, thyroid, adrenal, immune, bone, 
                cardiovascular, and other endocrine organs and systems 
                throughout all life stages;
                    ``(E) hormonally driven cancer; and
                    ``(F) other related effects;
            ``(4) consider the potential for additive and synergistic 
        effects;
            ``(5) be carried out using a multidisciplinary approach to 
        ensure connections among multiple levels, including the 
        molecular, organ, and whole animal or human levels;
            ``(6) refine computational modeling tools to integrate 
        cellular pathway data into a dose-response framework for risk 
        assessment;
            ``(7) identify biomarkers of exposure and effect that can 
        be further developed and translated for use in human 
        epidemiological and public health studies focused on defining 
        the role of endocrine-disrupting chemicals in disease etiology 
        across the lifespan; and
            ``(8) ensure that research or testing involving living 
        animals is carried out only when equally effective and reliable 
        alternative approaches for obtaining the result sought are not 
        readily available.
    ``(b) Workshops and Fora.--The Director of the Institute may 
conduct workshops and fora and provide information on the health 
effects associated with chemicals that may disrupt the endocrine system 
in order to--
            ``(1) identify chemicals for research under subsection (a);
            ``(2) strategize on approaches for the development of 
        sensitive tests to screen chemicals for endocrine-disrupting 
        activity using assays;
            ``(3) review the state of the science on endocrine-
        disrupting chemicals and provide recommendations for a 
        research, testing, and training agenda; and
            ``(4) educate attendees about endocrine-disrupting 
        chemicals.
    ``(c) Definitions.--In this section:
            ``(1) The term `chemical' means an individual chemical, a 
        combination of chemicals, or a mixture of chemicals.
            ``(2) The term `endocrine-disrupting chemical' means a 
        chemical that interrupts, alters, interferes with, disturbs, or 
        otherwise changes the human or animal endocrine system or its 
        functioning.''.

     TITLE II--REDUCING EXPOSURE TO ENDOCRINE-DISRUPTING CHEMICALS

SEC. 201. FEDERAL AGENCY ACTION.

    (a) Response To List and Strategy.--
            (1) In general.--Not later than 90 days after receiving 
        each biennial list, strategy, and report under section 
        101(a)(4), each Federal agency with regulatory authority over 
        any chemical included on the list shall prepare and publish a 
        written response to the list and strategy.
            (2) Contents.--At a minimum, a Federal agency's response 
        under paragraph (1) shall--
                    (A) include an evaluation of the findings and 
                determinations of the National Toxicology Program 
                pertaining to each listed chemical subject to the 
                agency's regulatory authority; and
                    (B) adopt or modify, as scientifically appropriate, 
                each finding of the National Toxicology Program 
                pertaining to--
                            (i) whether any such chemical disrupts or 
                        may disrupt the human endocrine system;
                            (ii) the level of concern associated with 
                        any such chemical's potential to disrupt the 
                        human endocrine system; and
                            (iii) the pathways of exposure to the 
                        chemical for humans and animals.
    (b) Minimal Level of Concern.--If the Director finds under section 
101(a)(3)(A) that there is at least a minimal level of concern that a 
chemical may disrupt the human endocrine system--
            (1) each Federal agency with regulatory authority over the 
        chemical shall--
                    (A) develop a strategy for reducing human exposure 
                to the chemical;
                    (B) make the strategy publicly available not later 
                than 180 days after the agency receives the Director's 
                finding; and
                    (C) include in the strategy methods to promote 
                voluntary actions by industry for reducing human 
                exposure to the chemical; and
            (2) each Federal agency with regulatory authority over the 
        chemical shall take action under such authority, such as 
        further testing or issuance of orders, regulations, or public 
        notices, to reduce or eliminate human exposure to the chemical.
    (c) Highest Level of Concern.--
            (1) Prohibition.--Beginning on the date that is 24 months 
        after the Director makes publicly available a finding under 
        section 101(a)(3)(B) that there is a high level of concern that 
        a chemical may disrupt the human endocrine system, it shall be 
        unlawful to use the chemical in a manner in or affecting 
        interstate commerce unless the pathway to human exposure is 
        mitigated before or in conjunction with such use.
            (2) Federal agency action.--Not later than 24 months after 
        the Director makes publicly available such a finding under 
        section 101(a)(3)(B), each Federal agency with regulatory 
        authority over the chemical subject to the finding shall 
        establish regulations or take other actions to implement the 
        prohibition in paragraph (1) with respect to such chemical.
    (d) Aggregated Computational Toxicology Resources Databases.--The 
Administrator of the Environmental Protection Agency shall include the 
findings and determinations of the National Toxicology Program 
pertaining to endocrine-disrupting chemicals in the Aggregated 
Computational Toxicology Resource (ACToR) databases (or any successor 
databases) to the extent otherwise permitted by law including any 
restrictions on the disclosure of confidential business information.

SEC. 202. CITIZEN SUITS.

    (a) Authority To Bring Civil Actions.--Any State, Tribe, local 
government, or person may commence a civil action to prevent or 
restrain a prohibited use of a chemical in violation of section 201.
    (b) Jurisdiction.--The United States courts of appeal shall have 
exclusive original jurisdiction over such action.

                          TITLE III--TRAINING

SEC. 301. TRAINING IN FIELDS RELATED TO THE PREVENTION OF ENDOCRINE 
              DISRUPTION.

    The Director shall establish a program to support, directly or by 
making grants, graduate and postdoctoral training in fields related to 
the study and prevention of endocrine disruption.

                        TITLE IV--MISCELLANEOUS

SEC. 401. AUTHORIZATION OF APPROPRIATIONS.

    To carry out this Act and the amendments made by this Act, there 
are authorized to be appropriated such sums as may be necessary for 
fiscal years 2012 through 2021.
                                 <all>