[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. 847 Introduced in Senate (IS)]

112th CONGRESS
  1st Session
                                 S. 847

  To amend the Toxic Substances Control Act to ensure that risks from 
    chemicals are adequately understood and managed, and for other 
                               purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             April 14, 2011

 Mr. Lautenberg (for himself, Ms. Klobuchar, Mr. Schumer, Mrs. Boxer, 
 and Mr. Franken) introduced the following bill; which was read twice 
     and referred to the Committee on Environment and Public Works

_______________________________________________________________________

                                 A BILL


 
  To amend the Toxic Substances Control Act to ensure that risks from 
    chemicals are adequately understood and managed, 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 ``Safe Chemicals Act of 2011''.

SEC. 2. PURPOSES.

    The purpose of this Act is to ensure that risks from chemicals are 
adequately understood and managed.

SEC. 3. FINDINGS, POLICY, AND GOAL.

    Section 2 of the Toxic Substances Control Act (15 U.S.C. 2601) is 
amended--
            (1) in the heading, by striking ``intent'' and inserting 
        ``goal''; and
            (2) by striking subsections (a) through (c) and inserting 
        the following:
    ``(a) Findings.--Congress finds that--
            ``(1) each year human beings and the environment are 
        exposed to a large number of chemical substances;
            ``(2) the chemical industry, an important part of the 
        United States economy, provides valuable products that are used 
        in diverse manufacturing industries and other commercial, 
        institutional, and consumer applications;
            ``(3) more than 3 decades after the enactment of this Act, 
        people and the environment in the United States are still 
        exposed to thousands of chemicals whose safety has not been 
        adequately reviewed and may harm health and the environment;
            ``(4) the incidence of some diseases and disorders linked 
        to chemical substance exposures is on the rise;
            ``(5) biomonitoring of chemical substances in humans 
        reveals that people in the United States carry hundreds of 
        hazardous chemicals in their bodies;
            ``(6) the concentrations of certain chemical substances 
        that persist and accumulate are increasing in the environment 
        and in human bodies and are found across the world, including 
        in the remote Arctic in which Native Americans face increasing 
        contamination of traditional foods;
            ``(7) differences in metabolism and physiology at certain 
        stages of development can make infants and children more 
        vulnerable than adults to the effects of chemical exposure, 
        especially exposure that occurs in utero, during infancy, and 
        during other critical periods of development;
            ``(8) manufacturers and processors of chemicals should 
        supply sufficient health and environmental information before 
        distributing products in commerce;
            ``(9) the Administrator must have and exercise 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 exposure 
        to chemical substances;
            ``(10) 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 is generated to 
        comply with those other regulatory programs may be useful in 
        understanding hazards and exposures of chemical substances 
        presented in the United States; and
            ``(11) a revised policy on the safety of chemical 
        substances 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 
        harmful exposures to chemical substances;
            ``(2) to promote the use of safer alternatives and other 
        actions that reduce the use of and exposure to hazardous 
        chemical substances and reward innovation toward safer 
        chemicals, processes, and products;
            ``(3) to require that chemicals in commerce meet a risk-
        based safety standard that protects vulnerable and affected 
        populations and the environment;
            ``(4) to require companies to provide sufficient health and 
        environmental information for the chemical substances that the 
        companies manufacture, process, or import as a condition of 
        allowing those companies to distribute chemical substances 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 hazards and uses of chemical substances that the 
        public and workers may be exposed to by maximizing public 
        access to information on chemical safety and use; and
            ``(7) to strengthen cooperation between and among the 
        Federal Government and State, municipal, tribal, and foreign 
        governments.
    ``(c) Goal.--It is the goal of the United States to address the 
harmful exposure of vulnerable or affected populations to chemical 
substances caused by the distribution of chemical substances in 
commerce by--
            ``(1) reviewing all chemical substances for safety and 
        identifying the highest priority chemical substances for 
        expedited review;
            ``(2) determining whether chemical substances in commerce 
        meet the safety standard under this title;
            ``(3) applying appropriate restrictions to the use of a 
        chemical substance, where warranted; and
            ``(4) encouraging the replacement of harmful chemicals and 
        processes with safer alternatives.''.

SEC. 4. DEFINITIONS.

    Section 3 of the Toxic Substances Control Act (15 U.S.C. 2602) is 
amended--
            (1) by striking paragraph (12);
            (2) by redesignating paragraphs (2), (3), (4), (5), (6), 
        (7), (8), (9), (10), (11), (13), and (14), as paragraphs (5), 
        (6), (8), (10), (12), (13), (14), (15), (18), (19), (21), and 
        (24), respectively;
            (3) by inserting after paragraph (1) the following:
            ``(2) Aggregate exposure.--
                    ``(A) In general.--Subject to subparagraph (B), the 
                term `aggregate exposure' means exposure from all 
                sources of a chemical substance, including exposure 
                from--
                            ``(i) the manufacture, processing, 
                        distribution, use, and disposal of that 
                        chemical substance; and
                            ``(ii) all other sources of that chemical 
                        substance, including--
                                    ``(I) contamination of food, air, 
                                water, soil, and house dust from 
                                current or prior uses or activity;
                                    ``(II) accidental releases;
                                    ``(III) permitted sources of 
                                pollution;
                                    ``(IV) nonpoint sources of 
                                pollution;
                                    ``(V) documented background levels 
                                from natural and anthropogenic sources; 
                                and
                                    ``(VI) a mixture or article 
                                containing that chemical substance.
                    ``(B) Inclusions.--The term `aggregate exposure' 
                includes exposure from a chemical substance that is not 
                considered to be a chemical substance under this Act 
                solely because of the use of that substance as, or in, 
                a food, food additive, cosmetic, or device (as those 
                terms are defined in section 201 of the Federal Food, 
                Drug, and Cosmetic Act (21 U.S.C. 321)).
            ``(3) Bioaccumulative.--
                    ``(A) In general.--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.
                    ``(B) Update.--To reflect the best available 
                science, the Administrator may, by rule, revise the 
                definition of the term `bioaccumulative' in such a way 
                that reflects the state of the science and provides for 
                equal or greater protection of human health and the 
                environment.
            ``(4) Chemical identity.--The term `chemical identity' 
        includes--
                    ``(A) each common and trade name of a chemical 
                substance;
                    ``(B) the name of a chemical substance appearing in 
                International Union of Pure and Applied Chemistry 
                nomenclature and the most current Collective Index 
                format;
                    ``(C) each Chemical Abstracts Service registration 
                number of a chemical substance; and
                    ``(D) the molecular structure of a chemical 
                substance.'';
            (4) in paragraph (5) (as redesignated by paragraph (2))--
                    (A) by striking ``(2)(A) Except as provided in 
                subparagraph (B)'' and inserting the following:
            ``(5) Chemical substance.--
                    ``(A) In general.--Except as provided in 
                subparagraphs (B) and (C)'';
                    (B) in subparagraph (B), by striking ``(B) Such 
                term'' and inserting the following:
                    ``(B) Exclusions.--The term `chemical substance'''; 
                and
                    (C) by adding at the end the following:
                    ``(C) Inclusions.--Notwithstanding molecular 
                identity, the Administrator may determine that a 
                variant of a chemical substance is a new chemical 
                substance under section 5(a)(6).'';
            (5) by inserting after paragraph (6) (as redesignated by 
        paragraph (2)) the following:
            ``(7) Cumulative exposure.--The term `cumulative exposure' 
        means the sum of aggregate exposure to each of the chemical 
        substances that are known or suspected to contribute 
        appreciably to the risk of the same or a similar adverse 
        effect.'';
            (6) by striking paragraph (8) (as redesignated by paragraph 
        (2)) and inserting the following:
            ``(8) Distribute in commerce.--The terms `distribute in 
        commerce' and `distribution in commerce', when used to describe 
        an action taken with respect to a chemical substance (or 
        mixture or article containing that chemical substance), mean--
                    ``(A) to sell, or the sale of, the substance, 
                mixture, or article in commerce;
                    ``(B) to introduce or deliver for introduction into 
                commerce, or the introduction or delivery for 
                introduction into commerce of, the substance, mixture, 
                or article;
                    ``(C) to hold, or the holding of, the substance, 
                mixture, or article after its introduction into 
                commerce; or
                    ``(D) to export or offer for export the substance, 
                mixture, or article.'';
            (7) by inserting after paragraph (8) (as redesignated by 
        paragraph (2)) the following:
            ``(9) End consumer.--The term `end consumer' means an 
        individual or other entity that purchases and uses or consumes 
        a chemical substance (or mixture or article containing that 
        chemical substance).'';
            (8) in paragraph (10) (as redesignated by paragraph (2)), 
        by inserting ``ambient and indoor'' after ``includes water,'';
            (9) by inserting after paragraph (10) (as redesignated by 
        paragraph (2)) the following:
            ``(11) Federal agency.--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.'';
            (10) in paragraph (15) (as redesignated by paragraph (2)), 
        by striking ``which is not included in the chemical substance 
        list compiled and published under section 8(b)'' and inserting 
        ``for which the manufacturer or processor of the chemical 
        substance has not submitted a declaration under section 8(a)'';
            (11) by inserting after paragraph (15) (as redesignated by 
        paragraph (2)) the following:
            ``(16) Persistent.--
                    ``(A) In general.--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.
                    ``(B) Update.--To reflect the best available 
                science, the Administrator may, by rule, revise the 
                definition of the term `persistent' in such a way that 
                reflects the state of the science and provides for 
                equal or greater protection of human health and the 
                environment.
            ``(17) Person.--
                    ``(A) In general.--The term `person' means an 
                individual, trust, firm, joint stock company, 
                corporation (including a Government corporation), 
                partnership, association, State, municipality, 
                commission, political subdivision of a State, or any 
                interstate body.
                    ``(B) Inclusions.--The term `person' includes each 
                Federal agency and any officer, agent, or employee of a 
                Federal agency.'';
            (12) by inserting after paragraph (19) (as redesignated by 
        paragraph (2)) the following:
            ``(20) Special substance characteristic.--
                    ``(A) In general.--The term `special substance 
                characteristic' means a physical, chemical, or 
                biological characteristic, other than molecular 
                identity, that the Administrator determines, by order 
                or rule, may significantly affect the risks posed by 
                substances exhibiting that characteristic.
                    ``(B) Considerations.--In determining the existence 
                of special substance characteristics, the Administrator 
                may consider--
                            ``(i) size or size distribution;
                            ``(ii) shape and surface structure;
                            ``(iii) reactivity; and
                            ``(iv) any other properties that may 
                        significantly affect the risks posed.'';
            (13) by inserting after paragraph (21) (as redesignated by 
        paragraph (2)) the following:
            ``(22) Toxic.--The term `toxic', with respect to a chemical 
        substance or mixture, means that the chemical substance or 
        mixture has a toxicological property--
                    ``(A) meeting the criteria for Category 1 or 
                Category 2 for any of the toxicity endpoints 
                established by the Globally Harmonized System for the 
                Classification and Labeling of Hazardous Substances;
                    ``(B) that causes an adverse effect that has been 
                demonstrated in humans or other exposed organisms; or
                    ``(C) for which the weight of evidence (such as 
                demonstration of an adverse effect described in 
                subparagraph (B), laboratory studies, or data for a 
                chemical from the same chemical class that exhibits 
                that adverse effect) demonstrates the potential for an 
                adverse effect in humans or other exposed organisms.
            ``(23) Toxicological property.--The term `toxicological 
        property' means actual or potential toxicity or other adverse 
        effects of a chemical substance or mixture, including actual or 
        potential effects of exposure to a chemical substance or 
        mixture on--
                    ``(A) mortality;
                    ``(B) morbidity, including carcinogenesis;
                    ``(C) reproduction;
                    ``(D) growth and development;
                    ``(E) the immune system;
                    ``(F) the endocrine system;
                    ``(G) the brain or nervous system;
                    ``(H) other organ systems; or
                    ``(I) any other biological functions in humans or 
                nonhuman organisms.''; and
            (14) by adding at the end the following:
            ``(25) Vulnerable human population.--The term `vulnerable 
        human population' means a human population that is subject to 
        disproportionate exposure to, or the potential for 
        disproportionate adverse effect from exposure to, a chemical 
        substance or mixture, including--
                    ``(A) infants, children, and adolescents;
                    ``(B) pregnant women;
                    ``(C) elderly;
                    ``(D) individuals with preexisting medical 
                conditions;
                    ``(E) workers that work with chemical substances 
                and mixtures; and
                    ``(F) members of any other appropriate population 
                identified by the Administrator.''.

SEC. 5. MINIMUM DATA SETS AND TESTING OF CHEMICAL SUBSTANCES.

    Section 4 of the Toxic Substances Control Act (15 U.S.C. 2603) is 
amended to read as follows:

``SEC. 4. MINIMUM DATA SETS AND TESTING OF CHEMICAL SUBSTANCES.

    ``(a) Minimum Data Sets.--
            ``(1) Minimum data sets rules.--
                    ``(A) In general.--Subject to subparagraph (B), and 
                not later than 1 year after the date of enactment of 
                the Safe Chemicals Act of 2011, the Administrator shall 
                establish, by rule, the data that constitute the 
                minimum data sets for chemical substances.
                    ``(B) Requirements.--Any rule promulgated under 
                subparagraph (A) shall--
                            ``(i) provide for varied or tiered data to 
                        be provided for different chemical substances 
                        or categories of chemical substances;
                            ``(ii) identify the particular minimum data 
                        set that applies to a chemical substance or 
                        category of chemical substances;
                            ``(iii) require each minimum data set to 
                        include the minimum amount of information 
                        necessary for the Administrator to conduct a 
                        screening-level risk assessment of the chemical 
                        substance or category of chemical substances, 
                        including information on the characteristics, 
                        toxicological properties, exposure, and use of 
                        a chemical substance; and
                            ``(iv) in accordance with section 30, 
                        encourage and facilitate the use of alternative 
                        testing methods and testing strategies to 
                        generate information quickly, at low cost, and 
                        without the use of animal-based testing, 
                        including toxicity pathway-based risk 
                        assessment, in vitro studies, systems biology, 
                        computational toxicology, bioinformatics, and 
                        high-throughput screening.
            ``(2) Submission of minimum data set.--Each manufacturer 
        and processor of a chemical substance shall submit the minimum 
        data set for the chemical substance to the Administrator--
                    ``(A) for new chemical substances, concurrent with 
                the notice required under section (5)(a)(1)(A); and
                    ``(B) for existing chemical substances, on the 
                earlier of--
                            ``(i) 18 months after the date on which the 
                        chemical substance is assigned to a priority 
                        class under section 6(a); and
                            ``(ii) 5 years after the date of enactment 
                        of the Safe Chemicals Act of 2011.
            ``(3) Prohibition.--The Administrator may, by order, take 
        any action authorized under section 6(c) if a manufacturer or 
        processor is in violation of paragraph (2), except as 
        authorized under section 6(e).
    ``(b) Testing.--
            ``(1) General submissions.--
                    ``(A) In general.--The Administrator may, by rule 
                or order, require testing with respect to any chemical 
                substance, and the submission of test results by a 
                specified date, as necessary for making any 
                determination or carrying out any provision of this 
                Act.
                    ``(B) Effect on other authority.--Nothing in this 
                paragraph limits the authority of the Administrator 
                under paragraph (2).
            ``(2) Sample submissions.--
                    ``(A) In general.--The Administrator may, by rule 
                or order, require the submission of a sample of any 
                chemical substance in such manner as the Administrator 
                determines enables the Administrator to conduct any 
                tests necessary for making any determination or 
                carrying out any provision of this Act.
                    ``(B) Effect on other authority.--Nothing in this 
                paragraph limits the authority of the Administrator 
                under paragraph (1).
            ``(3) Prohibition.--The Administrator may, by order, take 
        any action authorized under section 6(c) if a manufacturer or 
        processor is in violation of a rule or order under paragraph 
        (1), except as authorized under section 6(e).
            ``(4) Exemption.--If a manufacturer or processor has 
        submitted a declaration of cessation of manufacture or 
        processing under section 8(a)(3) for a chemical substance, the 
        manufacturer or processor shall be exempted from the 
        requirements of this subsection.
    ``(c) Test Rules or Orders.--
            ``(1) In general.--A rule or order issued under subsection 
        (b) shall include--
                    ``(A) identification of the chemical substance for 
                which testing is required under the rule or order;
                    ``(B) standards for the development of test data 
                for that substance; and
                    ``(C) a specification of the period (which 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 the 
                standards referred to in subparagraph (B).
            ``(2) Considerations.--
                    ``(A) In general.--In determining the standards and 
                period to be required under subparagraphs (B) and (C) 
                of paragraph (1), the Administrator shall consider--
                            ``(i) the relative costs of the various 
                        test protocols and methodologies that may be 
                        required under the rule or order; and
                            ``(ii) the reasonably foreseeable 
                        availability of the facilities and personnel 
                        needed to perform the testing required under 
                        the rule.
                    ``(B) Preliminary data.--Any rule or order issued 
                by the Administrator under this subsection may require 
                a manufacturer or processor to submit preliminary data 
                during the period described in paragraph (1)(C).
            ``(3) Types of health and environmental information.--
                    ``(A) In general.--The Administrator may prescribe 
                standards for the development of test data under this 
                subsection for health and environmental information, 
                including--
                            ``(i) information pertaining to 
                        carcinogenesis, mutagenesis, teratogenesis, 
                        behavioral disorders, cumulative, synergistic, 
                        or any other effect that may be considered in a 
                        safety standard determination;
                            ``(ii) information pertaining to exposure 
                        to the chemical substance, including 
                        information regarding the presence of the 
                        chemical substance in human blood, fluids, or 
                        tissue; and
                            ``(iii) information pertaining to--
                                    ``(I) bioaccumulation;
                                    ``(II) persistence;
                                    ``(III) acute toxicity;
                                    ``(IV) subacute toxicity;
                                    ``(V) chronic toxicity; and
                                    ``(VI) any other characteristic 
                                that may present an adverse effect.
                    ``(B) Methodologies.--
                            ``(i) In general.--The Administrator may 
                        prescribe methodologies in standards for the 
                        development of test data, including--
                                    ``(I) epidemiologic studies;
                                    ``(II) biomonitoring studies;
                                    ``(III) serial or hierarchical 
                                tests;
                                    ``(IV) in vitro tests; and
                                    ``(V) whole animal tests, 
                                consistent with section 30.
                            ``(ii) Requirement.--Prior to prescribing 
                        epidemiologic studies of employees, the 
                        Administrator shall consult with the Director 
                        of the National Institute for Occupational 
                        Safety and Health.
                    ``(C) Review.--Periodically, but not less 
                frequently than once every 3 years, the Administrator 
                shall--
                            ``(i) review the adequacy of the standards 
                        for development of data prescribed under 
                        subparagraph (A); and
                            ``(ii) if necessary, institute proceedings 
                        to make appropriate revisions of those 
                        standards.
            ``(4) Persons required to conduct tests and submit data.--
                    ``(A) In general.--Except as provided in 
                subparagraph (B), a rule or order under subsection (b) 
                respecting a chemical substance shall specify the 
                persons required to conduct tests and submit data to 
                the Administrator on the substance.
                    ``(B) Exception.--The Administrator may permit 2 or 
                more of the persons described in subparagraph (A) to 
                designate 1 of the persons or a qualified third party 
                to conduct the tests and submit the data on behalf of 
                the persons making the designation.
                    ``(C) Liability.--All persons described in 
                subparagraphs (A) and (B) shall remain liable for 
                compliance with any requirements subject to the 
                designation.
            ``(5) Expiration of rules and orders.--
                    ``(A) In general.--Any rule or order under 
                subsection (b) that requires the testing and submission 
                of data for a particular chemical substance shall 
                expire at the end of the applicable reimbursement 
                period (as defined in subsection (d)(3)) unless, prior 
                to that date, the Administrator withdraws the rule or 
                order.
                    ``(B) Category of chemical substances.--A rule or 
                order under subsection (b) that requires the testing 
                and submission of data for a category of chemical 
                substances shall expire with respect to a chemical 
                substance included in the category at the end of the 
                applicable reimbursement period (as defined in 
                subsection (d)(3)) unless, prior to that date, the 
                Administrator withdraws the rule or order with respect 
                to the substance entirely.
    ``(d) Exemptions.--
            ``(1) In general.--Any person required by a rule or order 
        under subsections (a) or (b) to conduct tests and submit data 
        for a chemical substance may apply to the Administrator (in 
        such form and manner as the Administrator determines necessary) 
        for an exemption from the requirement.
            ``(2) Action by administrator.--In accordance with 
        paragraph (3) or (4), the Administrator shall exempt an 
        applicant under paragraph (1), if, on receipt of the 
        application, the Administrator determines that--
                    ``(A) the chemical substance for which the 
                application was submitted is equivalent to a chemical 
                substance for which--
                            ``(i) data has been submitted to the 
                        Administrator in accordance with a rule or 
                        order under subsection (a) or (b); or
                            ``(ii) data is being developed in 
                        accordance with the rule or order; and
                    ``(B) submission of data by the applicant for the 
                substance would be duplicative of data that--
                            ``(i) has been submitted to the 
                        Administrator in accordance with the rule or 
                        order under subsection (a) or (b); or
                            ``(ii) is being developed in accordance 
                        with the rule or order.
            ``(3) Reimbursement due to exemption.--
                    ``(A) Definition of reimbursement period.--In this 
                paragraph, the term `reimbursement period', with 
                respect to any test data for a chemical substance, 
                means a period that--
                            ``(i) begins on the date on which the test 
                        data is submitted in accordance with a rule or 
                        order issued under subsection (a) or (b); and
                            ``(ii) ends on the later of--
                                    ``(I) 5 years after the date 
                                referred to in clause (i); or
                                    ``(II) the date which, as 
                                determined by the Administrator, 
                                provides the applicant with a time 
                                period which is sufficient to develop 
                                the test data.
                    ``(B) Reimbursement for previously submitted test 
                data.--
                            ``(i) In general.--Except as provided in 
                        clause (ii), for an exemption under paragraph 
                        (2)(B)(i), if the exemption is granted during 
                        the reimbursement period for the test data, the 
                        Administrator shall order the person granted 
                        the exemption to provide fair and equitable 
                        reimbursement (in an amount determined by the 
                        Administrator) to--
                                    ``(I) the person who previously 
                                submitted the test data, for a portion 
                                of the costs incurred by the person in 
                                complying with the data submission 
                                requirement; and
                                    ``(II) any other person who has 
                                been required under this subsection to 
                                contribute with respect to the costs, 
                                for a portion of the amount the person 
                                was required to contribute.
                            ``(ii) Exception.--Clause (i) shall not 
                        apply if there is agreement on the amount and 
                        method of reimbursement between an exempted 
                        person described in clause (i) and the persons 
                        described in subclauses (I) and (II) of that 
                        clause.
                            ``(iii) Considerations.--In promulgating 
                        rules for the determination of fair and 
                        equitable reimbursement to the persons 
                        described in subclauses (I) and (II) of clause 
                        (i) for costs incurred with respect to a 
                        chemical substance, the Administrator shall, 
                        after consultation with the Attorney General 
                        and the Federal Trade Commission, consider all 
                        relevant factors, including--
                                    ``(I) the effect on the competitive 
                                position of the person required to 
                                provide reimbursement in relation to 
                                the person to be reimbursed; and
                                    ``(II) the share of the market for 
                                the substance of the person required to 
                                provide reimbursement in relation to 
                                the share of the market of the persons 
                                to be reimbursed.
                    ``(C) Reimbursement due to exemption for test data 
                being developed in accordance with a rule or order.--
                            ``(i) In general.--Except as provided in 
                        clause (ii), for an exemption under paragraph 
                        (2)(B)(ii), the Administrator shall order the 
                        person granted the exemption to provide fair 
                        and equitable reimbursement (in an amount 
                        determined by the Administrator) to--
                                    ``(I) each person who is developing 
                                the test data, for the portion of the 
                                costs incurred by each person in 
                                complying with the rule or order; and
                                    ``(II) any other person who has 
                                been required under this subsection to 
                                contribute with respect to the costs of 
                                complying with the rule or order, for a 
                                portion of the amount the person was 
                                required to contribute.
                            ``(ii) Exception.--Clause (i) shall not 
                        apply if there is agreement on the amount and 
                        method of reimbursement between an exempted 
                        person described in clause (i) and the persons 
                        described in subclauses (I) and (II) of that 
                        clause.
                            ``(iii) Considerations.--In promulgating 
                        rules for the determination of fair and 
                        equitable reimbursement to the persons 
                        described in subclauses (I) and (II) of clause 
                        (i) for costs incurred with respect to a 
                        chemical substance, the Administrator shall, 
                        after consultation with the Attorney General 
                        and the Federal Trade Commission, consider the 
                        factors described in subparagraph (B)(iii).
                            ``(iv) Lack of compliance.--If any 
                        exemption is granted under paragraph (2) on the 
                        basis that 1 or more persons are developing 
                        test data pursuant to a rule or order 
                        promulgated or issued under subsection (a) or 
                        (b), and after the exemption is granted, the 
                        Administrator determines that no person has 
                        complied with the rule or order, the 
                        Administrator shall--
                                    ``(I) after providing written 
                                notice and an opportunity for a hearing 
                                to the person who holds the exemption, 
                                by order, terminate the exemption; and
                                    ``(II) notify in writing the person 
                                of the requirements of the rule or 
                                order with respect to which the 
                                exemption was granted.
    ``(e) Notice.--
            ``(1) In general.--Not later than 15 days after the date of 
        receipt of any test data pursuant to a rule or order under 
        subsection (a) or (b), the Administrator shall publish in the 
        Federal Register a notice of the receipt of the test data.
            ``(2) Requirements.--Subject to section 14, each notice 
        shall--
                    ``(A) identify the chemical substance for which 
                data have been received;
                    ``(B) list--
                            ``(i) the commercial and consumer uses or 
                        intended commercial and consumer uses of the 
                        substance known to the Administrator; and
                            ``(ii) the information required by the 
                        applicable standards for the development of 
                        test data; and
                    ``(C) describe the nature of the test data 
                developed.
            ``(3) Availability.--Subject to section 14, the 
        Administrator shall make the test data described in this 
        subsection available on a publicly accessible Internet site.
    ``(f) Requests From Other Agencies for Additional Information or 
Testing.--
            ``(1) In general.--The head of a Federal agency may request 
        the Administrator to seek the information on behalf of that 
        agency if the head of that Federal agency determines that--
                    ``(A) information relating to a chemical substance, 
                including data derived from new testing or monitoring, 
                would assist that Federal agency in carrying out the 
                duties or exercising the authority of that agency; but
                    ``(B) the requested information is not available to 
                that agency.
            ``(2) Duty of administrator.--Not later than 60 days after 
        the date of receipt of a request under paragraph (1), the 
        Administrator shall--
                    ``(A) subject to section 14, make the data 
                available to the requesting agency;
                    ``(B) issue a request under section 8(f) to 
                require--
                            ``(i) the submission of existing pertinent 
                        data to the Administrator; and
                            ``(ii) a copy of any such submission to be 
                        furnished to the requesting agency;
                    ``(C) issue a rule or order under subsection (b)--
                            ``(i) to develop the data; and
                            ``(ii) to require the developed data to be 
                        furnished to the requesting agency; or
                    ``(D) publish in the Federal Register the reason 
                for which none of the actions described in this 
                paragraph were taken.
    ``(g) Certification.--Each submission required under this section 
or under a rule or an order promulgated or issued by the Administrator 
under this section shall be accompanied by a certification signed by a 
responsible official of the manufacturer or processor 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. 6. MANUFACTURING AND PROCESSING NOTICES.

    Section 5 of the Toxic Substances Control Act (15 U.S.C. 2604) is 
amended to read as follows:

``SEC. 5. MANUFACTURING AND PROCESSING NOTICES.

    ``(a) New Chemical Substances and New Uses of Chemical 
Substances.--
            ``(1) New chemical substances.--Except as provided in 
        subsection (d), no person may manufacture or process a new 
        chemical substance unless--
                    ``(A) the person submits to the Administrator a 
                notice, in accordance with subsection (c), of the 
                intention of the person to manufacture or process the 
                substance;
                    ``(B) the person complies with subsection (b); and
                    ``(C) the Administrator finds that--
                            ``(i) the manufacturers and processors have 
                        established that the chemical substance meets 
                        the safety standard under section 6(b); or
                            ``(ii) the new chemical substance, or a 
                        metabolite or degradation product of the 
                        chemical substance, as applicable, is not, and 
                        is not expected to be--
                                    ``(I)(aa) manufactured in a volume 
                                of more than 1,000,000 pounds annually; 
                                or
                                    ``(bb) released into the 
                                environment in a volume of more than 
                                100,000 pounds annually;
                                    ``(II) a known, probable, or 
                                suspected reproductive, developmental, 
                                neurological, or immunological 
                                toxicant, carcinogen, mutagen, or 
                                endocrine disruptor;
                                    ``(III) persistent and 
                                bioaccumulative;
                                    ``(IV) found in human cord blood, 
                                or otherwise found in human blood, 
                                fluids, or tissue, unless the chemical 
                                substance, metabolite, or degradation 
                                product is naturally present at the 
                                level commonly found in that medium; or
                                    ``(V) found in food, drinking 
                                water, ambient or indoor air, 
                                residential soil, or house dust, unless 
                                the chemical substance, metabolite, or 
                                degradation product is naturally 
                                present at the level commonly found in 
                                that medium.
            ``(2) New uses of existing chemical substances prior to 
        safety standard determination.--
                    ``(A) In general.--Except as provided in 
                subparagraph (B), with respect to an existing chemical 
                substance for which the Administrator has not made a 
                safety standard determination under section 6, no 
                person may manufacture or process the chemical 
                substance--
                            ``(i) for a use that was not ongoing on the 
                        date of enactment of the Safe Chemicals Act of 
                        2011; or
                            ``(ii) at a volume that is significantly 
                        increased from the volume as of the date of 
                        enactment of the Safe Chemicals Act of 2011.
                    ``(B) Exception.--A person may manufacture or 
                process a chemical substance in a manner prohibited by 
                subparagraph (A), if the person--
                            ``(i) submits to the Administrator a new or 
                        updated declaration under section 8(a); and
                            ``(ii) complies with subsection (b).
            ``(3) New uses of existing chemical substances that meet 
        the safety standard.--
                    ``(A) In general.--For an existing chemical 
                substance for which the Administrator has determined 
                under section 6(b) that the manufacturers and 
                processors of the chemical substance have established 
                that the substance meets the applicable safety 
                standard, no person may manufacture or process the 
                chemical substance for uses, at production volumes, or 
                in manners other than those the Administrator specified 
                in the safety standard determination, unless--
                            ``(i) the manufacturer or processor submits 
                        to the Administrator--
                                    ``(I) a notice of the intention of 
                                the manufacturer or processor to 
                                manufacture or process the substance 
                                for a new use, at a new production 
                                volume, or in such other manner as is 
                                inconsistent with a specified condition 
                                or term for that substance; and
                                    ``(II) all updates to the minimum 
                                data set relevant to the new use, new 
                                production volume, or other new manner 
                                of manufacturing or processing;
                            ``(ii) the notice under clause (i)(I) 
                        indicates that the chemical substance will 
                        continue to meet the safety standard if the 
                        allowed uses, production volumes, or other 
                        specified conditions or terms for that chemical 
                        substance are revised to encompass the new use, 
                        production volume, or other manner of 
                        manufacturing or processing; and
                            ``(iii) the Administrator determines that 
                        the manufacturer or processor submitting the 
                        notice has established that the chemical 
                        substance will continue to meet the safety 
                        standard if the allowed uses, production 
                        volumes, or other specified conditions or terms 
                        for that substance, are revised to encompass 
                        the new use, production volume, or other manner 
                        of manufacturing or processing.
                    ``(B) Amendment to safety standard determination.--
                If the conditions described in clauses (i) through 
                (iii) of subparagraph (A) are satisfied, the 
                Administrator shall, by order, amend the safety 
                standard determination for the chemical substance to 
                include the new use, production volume, or other manner 
                of manufacturing or processing among the allowed uses, 
                production volumes, or manners of manufacturing or 
                processing of the chemical substance.
            ``(4) Safety standard determination.--
                    ``(A) In general.--Except as provided in 
                subparagraphs (B) and (C), not later than 180 days 
                after the date of receipt of a notice and supporting 
                data that satisfies paragraph (1)(A) or paragraph 
                (3)(A), the Administrator shall determine whether the 
                person submitting the notice has established that the 
                chemical substance will meet, or will continue to meet, 
                the safety standard under section 6(b).
                    ``(B) Exception.--In the case of a notice under 
                paragraph (1)(A), the Administrator shall not be 
                subject to the deadline described in subparagraph (A) 
                if the Administrator first makes the finding specified 
                under paragraph (1)(C)(ii).
                    ``(C) Extension.--The Administrator may extend the 
                determination deadline under subparagraph (A) by 1 or 
                more additional periods not to exceed 1 year in the 
                aggregate, in such manner as the Administrator 
                determines necessary.
                    ``(D) Failure to make a timely determination.--The 
                failure of the Administrator to make a timely 
                determination in accordance with this paragraph shall 
                not be sufficient to satisfy the conditions described 
                in paragraph (1)(C)(i) or paragraph (3)(A)(iii).
            ``(5) Notice of commencement.--Not later than 30 days after 
        the date on which a manufacturer or processor commences the 
        manufacturing or processing of a new chemical substance, the 
        manufacturer or processor shall submit to the Administrator a 
        notice of commencement of manufacture or processing.
            ``(6) Chemical substances exhibiting special substance 
        characteristics.--
                    ``(A) Determination.--The Administrator shall 
                determine by order or rule that a variant of a chemical 
                substance exhibiting 1 or more special substance 
                characteristics--
                            ``(i) is a use that is separate from any 
                        use of the chemical substance that does not 
                        exhibit the special substance characteristics; 
                        or
                            ``(ii) is a new chemical substance.
                    ``(B) Requirements for variants that are separate 
                uses.--In the case of a chemical substance that the 
                Administrator determines to be a separate use based on 
                the special substance characteristics of the chemical 
                substance, the manufacturer or processor shall satisfy 
                such further conditions as the Administrator 
                establishes, by order or rule.
    ``(b) Submission of Data.--
            ``(1) In general.--A person shall submit to the 
        Administrator data in accordance with the rule or order at the 
        time that notice is submitted under subsection (a) if the 
        person is required to submit to the Administrator--
                    ``(A) under subsection (a), a notice prior to 
                beginning the manufacture or processing of a chemical 
                substance; and
                    ``(B) under section 4(b), test data for the 
                chemical substance prior to the submission of the 
                notice.
            ``(2) Availability.--Subject to section 14, the 
        Administrator shall make any test data submitted under 
        paragraph (1) available on a publicly accessible Internet site.
    ``(c) Content and Availability of Notice.--
            ``(1) Content.--Notice under subsection (a)(1) shall 
        include--
                    ``(A) the declaration described in section 8(a)(2);
                    ``(B) the minimum data set described in section 
                4(a); and
                    ``(C) a statement that the chemical substance will 
                meet the applicable safety standard.
            ``(2) Availability.--Subject to section 14, the 
        Administrator shall make the notice under paragraph (1) 
        available on a publicly accessible Internet site.
            ``(3) Public information.--Subject to section 14, not later 
        than 5 days (excluding Saturdays, Sundays, and legal holidays) 
        after the date of the receipt of a notice under subsection (a) 
        or of data under subsection (b), the Administrator shall make 
        available on a publicly accessible Internet site information 
        that--
                    ``(A) identifies the chemical substance for which 
                notice or data has been received;
                    ``(B) lists the uses or intended uses of the 
                chemical substance;
                    ``(C) in the case of the receipt of data under 
                subsection (b), describes--
                            ``(i) the nature of the tests performed 
                        with respect to the chemical substance; and
                            ``(ii) any data that were received under 
                        subsection (b) or a rule or order under section 
                        4; and
                    ``(D) references the availability of the minimum 
                data set.
            ``(4) List of notices.--At the beginning of each month, the 
        Administrator shall make available on a publicly accessible 
        Internet site a list of each chemical substance for which 
        notice has been received under subsection (a).
    ``(d) Exemptions.--
            ``(1) Test marketing purposes.--The Administrator may, upon 
        application, exempt any person from any requirement of 
        subsection (a) or (b) to permit the person to manufacture or 
        process a chemical substance for test marketing purposes--
                    ``(A) upon a showing by the person, in a manner 
                that the Administrator determines, that the 
                manufacture, processing, distribution in commerce, use, 
                and disposal of the chemical substance (including any 
                combination of those activities) will not endanger 
                human health or the environment; and
                    ``(B) under such restrictions as the Administrator 
                considers appropriate.
            ``(2) Equivalent chemical substances.--
                    ``(A) In general.--The Administrator shall, upon 
                application, fully or partially exempt any person from 
                the requirement to submit data under subsection (a) if, 
                on receipt of an application, the Administrator 
                determines that--
                            ``(i) the chemical substance for which the 
                        application was submitted is equivalent to a 
                        chemical substance for which data has been 
                        submitted to the Administrator as required by 
                        this Act; and
                            ``(ii) submission of data by the applicant 
                        on the chemical substance would be duplicative 
                        of data which has been submitted to the 
                        Administrator in accordance with this Act.
                    ``(B) Effective date.--No exemption under this 
                paragraph may take effect before the beginning of the 
                reimbursement period applicable to the data.
                    ``(C) Fair and equitable reimbursement.--
                            ``(i) Definition of reimbursement period.--
                        In this subparagraph, the term `reimbursement 
                        period', with respect to any previously 
                        submitted data for a chemical substance, means 
                        the period that--
                                    ``(I) begins on the date of the 
                                termination of the prohibition, imposed 
                                under this section, on the manufacture 
                                or processing of the chemical substance 
                                by the person who submitted the data to 
                                the Administrator; and
                                    ``(II) ends on the later of--
                                            ``(aa) the date that is 5 
                                        years after the date referred 
                                        to in subclause (I); or
                                            ``(bb) at the expiration of 
                                        a period that begins on the 
                                        date referred to in subclause 
                                        (I) and ends on the date that 
                                        the Administrator determines to 
                                        be necessary to develop the 
                                        data.
                            ``(ii) Reimbursement.--Except as provided 
                        in clause (iii), if the Administrator exempts 
                        any person under subparagraph (A)(i) and the 
                        exemption is granted during the reimbursement 
                        period for that data, the Administrator shall 
                        order the person granted the exemption to 
                        provide fair and equitable reimbursement (in an 
                        amount determined by the Administrator)--
                                    ``(I) to the person who previously 
                                submitted the data on which the 
                                exemption was based, for a portion of 
                                the costs incurred by the person in 
                                complying with the requirement under 
                                this title to submit the data; and
                                    ``(II) to any other person who has 
                                been required under this subparagraph 
                                to contribute with respect to the 
                                costs, for a portion of the amount the 
                                person was required to contribute.
                            ``(iii) Exception.--Clause (ii) shall not 
                        apply if the person exempted under that clause 
                        and the persons described in subclauses (I) and 
                        (II) of that clause agree on the amount and 
                        method of reimbursement.
                            ``(iv) Considerations.--In promulgating 
                        rules for the determination of fair and 
                        equitable reimbursement to the persons 
                        described in subclauses (I) and (II) of clause 
                        (ii) for costs incurred with respect to a 
                        chemical substance, the Administrator shall, 
                        after consultation with the Attorney General 
                        and the Federal Trade Commission, consider all 
                        relevant factors, including--
                                    ``(I) the effect on the competitive 
                                position of the person required to 
                                provide reimbursement in relation to 
                                the persons to be reimbursed; and
                                    ``(II) the share of the market for 
                                the chemical substance of the person 
                                required to provide reimbursement in 
                                relation to the share of the market of 
                                the persons to be reimbursed.
            ``(3) Small quantities.--
                    ``(A) In general.--If the conditions described in 
                subparagraph (B) are met, subsections (a) and (b) shall 
                not apply with respect to the manufacturing or 
                processing of any chemical substance that is 
                manufactured or processed, or proposed to be 
                manufactured or processed, only in small quantities (as 
                defined by the Administrator by rule) solely for 
                purposes of--
                            ``(i) scientific experimentation or 
                        analysis; or
                            ``(ii) chemical research on, or analysis 
                        of, the substance or another substance, 
                        including research or analysis for the 
                        development of a product.
                    ``(B) Conditions.--All persons engaged in the 
                experimentation, research, or analysis carried out in 
                accordance with subparagraph (A) for a manufacturer or 
                processor shall be notified (in such form and manner as 
                the Administrator may prescribe) of any risk to human 
                health that the manufacturer, processor, or the 
                Administrator has reason to believe may be associated 
                with that chemical substance.
            ``(4) Temporary existence.--The Administrator may, upon 
        application, exempt from subsections (a) and (b) the 
        manufacturing or processing of any chemical substance--
                    ``(A) that exists temporarily as a result of a 
                chemical reaction in the manufacturing or processing of 
                a mixture or another chemical substance; and
                    ``(B) to which there is no, and will not be, any 
                human or environmental exposure.
            ``(5) Publication.--
                    ``(A) In general.--As soon as practicable after the 
                date of receipt of an application under paragraph (1) 
                or (4), the Administrator shall publish in the Federal 
                Register notice of the receipt of the application.
                    ``(B) Requirements.--The Administrator shall--
                            ``(i) give interested persons an 
                        opportunity to comment upon any application 
                        described in subparagraph (A);
                            ``(ii) not later than 45 days after the 
                        date of receipt of an application, approve or 
                        deny the application; and
                            ``(iii) publish in the Federal Register 
                        notice of the approval or denial of the 
                        application.
    ``(e) Certification.--Each submission required under this section 
or under a rule or an order promulgated or issued by the Administrator 
under this section shall be accompanied by a certification signed by a 
responsible official of the manufacturer or processor 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.
    ``(f) Definitions.--In this section:
            ``(1) Manufacture and process.--The terms `manufacture' and 
        `process' mean to manufacture or process, respectively, for 
        commercial purposes.
            ``(2) Test marketing.--The term `test marketing' does not 
        include any provision of a chemical substance, or a mixture or 
        article containing that chemical substance, to an end consumer 
        of the chemical substance, mixture, or article.''.

SEC. 7. PRIORITIZATION, SAFETY STANDARD DETERMINATION, AND RISK 
              MANAGEMENT.

    Section 6 of the Toxic Substances Control Act (15 U.S.C. 2605) is 
amended to read as follows:

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

    ``(a) Prioritization of Chemical Substances.--
            ``(1) Prioritization list.--
                    ``(A) In general.--Subject to subparagraph (B), the 
                Administrator shall, by order, develop and publish a 
                list that--
                            ``(i) contains the names of the chemical 
                        substances or categories of chemical substances 
                        that the Administrator determines warrant 
                        placement within 1 of the 3 priority classes 
                        described in paragraphs (2) through (4); and
                            ``(ii) identifies the priority class to 
                        which each listed chemical substance or 
                        category of chemical substance has been 
                        assigned by the Administrator.
                    ``(B) Considerations.--In determining which 
                chemical substances to include in each priority class, 
                the Administrator shall give due consideration to any 
                prioritization recommendation that is provided by the 
                committee established under paragraph (5).
            ``(2) Chemical substances requiring immediate risk 
        management (priority class 1).--
                    ``(A) Definition of priority class 1.--In this 
                section, the term `priority class 1' means a priority 
                class that contains chemical substances that the 
                Administrator determines require immediate risk 
                management.
                    ``(B) Assignment to priority class 1.--The 
                Administrator shall assign a chemical substance to 
                priority class 1 if the Administrator determines that 
                the chemical substance is, or is degraded and 
                metabolized into, a persistent, bioaccumulative, and 
                toxic substance with the potential for widespread 
                exposure to humans or other organisms.
                    ``(C) Initial assignment.--Not later than 1 year 
                after the date of enactment of the Safe Chemicals Act 
                of 2011, the Administrator shall assign not less than 
                20, but not more than 30, chemical substances to the 
                initial priority class 1.
                    ``(D) Risk management.--
                            ``(i) Expedited exposure reduction.--As 
                        soon as practicable, but not later than 18 
                        months after the date on which a chemical 
                        substance is assigned to priority class 1 under 
                        this paragraph, the Administrator shall impose 
                        conditions in accordance with subsection (c) on 
                        the manufacturing, processing, use, 
                        distribution in commerce, and disposal of a 
                        chemical substance assigned to priority class 1 
                        that the Administrator determines necessary to 
                        achieve the greatest practicable reductions in 
                        human or environmental exposure to the chemical 
                        substance.
                            ``(ii) Residual risk assessment.--Not later 
                        than 1 year after the effective date of any 
                        conditions established under clause (i), the 
                        Administrator shall--
                                    ``(I) determine whether the 
                                chemical substance meets the applicable 
                                safety standard for the chemical 
                                substance, taking into account the 
                                residual risk posed by continued 
                                exposure to the chemical substance; and
                                    ``(II) impose any further 
                                conditions under subsection (c) that 
                                the Administrator determines necessary 
                                to ensure that the chemical substance 
                                meets the applicable safety standard.
                    ``(E) Updates.--
                            ``(i) Revisions.--The Administrator shall 
                        promptly revise the list under paragraph (1) 
                        whenever the Administrator determines that the 
                        addition or removal of a chemical substance 
                        from priority class 1 is warranted.
                            ``(ii) Removal procedure.--A chemical 
                        substance may be removed from the list under 
                        paragraph (1) only if the Administrator finds 
                        that such substance meets the safety standard 
                        under subsection (b).
            ``(3) Chemical substances requiring safety standard 
        determinations (priority class 2).--
                    ``(A) Definition of priority class 2.--In this 
                section, the term `priority class 2' means a priority 
                class that contains chemical substances that 
                Administrator determines require safety standard 
                determinations.
                    ``(B) Assignment to priority class 2.--
                            ``(i) In general.--Subject to clause (ii), 
                        if the Administrator determines, based on any 
                        more-than-theoretical concern, that there is 
                        uncertainty as to whether a chemical substance 
                        would satisfy the safety standard in a 
                        determination made under subsection (b), the 
                        Administrator shall assign that chemical 
                        substance priority class 2.
                            ``(ii) Conditions.--The Administrator shall 
                        assign chemical substances to priority class 2 
                        subject to the conditions that--
                                    ``(I) the rate at which chemical 
                                substances are added to priority class 
                                2 shall be expeditious, but shall not 
                                exceed the rate at which the 
                                Administrator reasonably anticipates 
                                completing safety standard 
                                determinations under subsection (b); 
                                and
                                    ``(II) the Administrator shall 
                                first assign to priority class 2 those 
                                chemical substances that present the 
                                greater risks to human health or the 
                                environment, as determined by the 
                                Administrator.
                    ``(C) Removal procedure.--The Administrator shall 
                not remove a chemical substance from priority class 2 
                until the Administrator has made a safety standard 
                determination for that chemical substance under 
                subsection (b).
            ``(4) Chemical substances requiring no immediate action 
        (priority class 3).--
                    ``(A) Definition of priority class 3.--In this 
                section, the term `priority class 3' means a priority 
                class that contains chemical substances that the 
                Administrator determines require no immediate action.
                    ``(B) Assignment to priority class 3.--The 
                Administrator shall assign a chemical substance to 
                priority class 3 if the chemical substance has 
                intrinsic properties such that the chemical substance, 
                as determined by the Administrator, does not and would 
                not, at any stage of the lifecycle of the chemical 
                substance, pose any risk of adverse effects to human 
                health or the environment under existing, proposed, or 
                anticipated levels of exposure to, or production or 
                patterns of use of, that chemical substance.
                    ``(C) Updates.--The Administrator shall promptly 
                revise the list under paragraph (1) whenever the 
                Administrator determines that the addition or removal 
                of a chemical substance from priority class 3 is 
                warranted.
            ``(5) Interagency prioritization and testing committee.--
                    ``(A) Establishment.--There is established an 
                interagency committee (referred to in this section as 
                the `committee') to make recommendations to the 
                Administrator concerning--
                            ``(i) the issuance of test rules or orders 
                        for chemical substances and mixtures under 
                        section 4(c); and
                            ``(ii) the prioritization of chemical 
                        substances under this subsection.
                    ``(B) Recommendations.--
                            ``(i) Factors.--In making a recommendation 
                        concerning--
                                    ``(I) the issuance of test rules or 
                                orders under section 4(c), the 
                                committee shall consider all factors 
                                relevant to risk; and
                                    ``(II) prioritization of chemical 
                                substances or categories of chemical 
                                substances under this subsection, the 
                                committee shall consider the criteria 
                                described in paragraphs (2)(B), (3)(B), 
                                and (4)(B).
                            ``(ii) Form.--The recommendations of the 
                        committee shall be in the form of 1 or more 
                        lists of chemical substances and mixtures that 
                        shall specify, either by individual substance 
                        or mixture or by categories of substances or 
                        mixtures--
                                    ``(I) the recommendations of the 
                                committee that particular chemical 
                                substances, mixtures, or categories of 
                                chemical substances or mixtures be the 
                                subject of a test rule or order under 
                                section 4(c); or
                                    ``(II) the recommendations of the 
                                committee that particular chemical 
                                substances, or categories of chemical 
                                substances, be prioritized under this 
                                subsection.
                            ``(iii) Additions or revisions.--
                                    ``(I) In general.--Not less 
                                frequently than once every year, the 
                                committee shall--
                                            ``(aa) make such additions 
                                        or revisions to the 
                                        recommendations of the 
                                        committee as the committee 
                                        determines to be necessary; and
                                            ``(bb) submit to the 
                                        Administrator the 
                                        recommendations and a statement 
                                        of the reasons of the committee 
                                        for any additions or revisions.
                                    ``(II) Publication.--On receipt of 
                                any new or revised recommendations, the 
                                Administrator shall publish in the 
                                Federal Register the recommendations 
                                and the statement of the reasons for 
                                the additions or revisions.
                                    ``(III) Comments.--The 
                                Administrator shall--
                                            ``(aa) provide reasonable 
                                        opportunity to any interested 
                                        person to file with the 
                                        Administrator written comments 
                                        on the recommendations of the 
                                        committee, and any additions or 
                                        revisions to the 
                                        recommendations by the 
                                        committee;
                                            ``(bb) consider any 
                                        comments received under item 
                                        (aa); and
                                            ``(cc) make any comments 
                                        received under item (aa) 
                                        available to the public.
                    ``(C) Composition.--The committee shall consist of 
                the following 8 members:
                            ``(i) One member appointed by the 
                        Administrator from among officers or employees 
                        of the Environmental Protection Agency.
                            ``(ii) One member appointed by the 
                        Secretary of Labor from among officers or 
                        employees of the Department of Labor who are 
                        engaged in the activities of the Secretary of 
                        Labor under the Occupational Safety and Health 
                        Act of 1970 (29 U.S.C. 651 et seq.).
                            ``(iii) One member appointed by the 
                        Chairman of the Council on Environmental 
                        Quality from among the Council or the officers 
                        or employees of the Council.
                            ``(iv) One member appointed by the Director 
                        of the National Institute for Occupational 
                        Safety and Health from among officers or 
                        employees of the Institute.
                            ``(v) One member appointed by the Director 
                        of the National Institute of Environmental 
                        Health Sciences from among officers or 
                        employees of the Institute.
                            ``(vi) One member appointed by the Director 
                        of the National Cancer Institute from among 
                        officers or employees of the Institute.
                            ``(vii) One member appointed by the 
                        Director of the National Science Foundation 
                        from among officers or employees of the 
                        Foundation.
                            ``(viii) One member appointed by the 
                        Secretary of Commerce from among officers or 
                        employees of the Department of Commerce.
                    ``(D) Appointment of members.--
                            ``(i) Designees.--
                                    ``(I) In general.--An appointed 
                                member may designate an individual to 
                                serve on the committee on behalf of the 
                                member.
                                    ``(II) Prerequisites.--A 
                                designation may be made only--
                                            ``(aa) with the approval of 
                                        the applicable appointing 
                                        authority; and
                                            ``(bb) if the individual is 
                                        an officer or employee of the 
                                        entity from which the member 
                                        was appointed.
                            ``(ii) Terms.--
                                    ``(I) In general.--No individual 
                                may serve as a member of the committee 
                                for more than an aggregate period of 4 
                                years.
                                    ``(II) Members leaving appointing 
                                entities.--If any member of the 
                                committee leaves the entity from which 
                                the member was appointed--
                                            ``(aa) the member may not 
                                        continue as a member of the 
                                        committee; and
                                            ``(bb) the position of the 
                                        member shall be considered 
                                        vacant.
                                    ``(III) Vacancies.--A vacancy on 
                                the committee shall be filled in the 
                                same manner in which the original 
                                appointment was made.
                    ``(E) Conflicts of interest.--
                            ``(i) Post-termination employment or 
                        compensation.--No member of the committee, or 
                        designee of a member, shall accept employment 
                        or compensation from any person subject to any 
                        requirement of this Act or any rule promulgated 
                        or order issued under this Act, for a period of 
                        at least 1 year beginning after the date of 
                        termination of service on the committee.
                            ``(ii) Financial interests.--No person, 
                        while serving as a member of the committee or 
                        designee of a member, may own any stocks or 
                        bonds of, or have any pecuniary interest of 
                        substantial value in, any person engaged in the 
                        manufacture, processing, or distribution in 
                        commerce of any chemical substance or mixture 
                        subject to this Act or of any rule promulgated 
                        or order issued under this Act.
                            ``(iii) Violations.--The Administrator, 
                        acting through the Attorney General, may bring 
                        an action in the appropriate district court of 
                        the United States for any violation of this 
                        subparagraph.
                    ``(F) Administrative support.--The Administrator 
                shall provide the committee such administrative support 
                services as may be necessary to enable the committee to 
                carry out the functions of the committee under this 
                subsection.
            ``(6) No judicial review.--The following actions shall not 
        be subject to judicial review:
                    ``(A) The assignment of a particular chemical 
                substance under this subsection.
                    ``(B) A determination by the Administrator of 
                whether a particular assignment under this subsection 
                is warranted.
                    ``(C) A response to a petition to include a 
                particular chemical substance on the list under this 
                subsection.
                    ``(D) The issuance of a recommendation to list a 
                chemical substance under this subsection.
    ``(b) Safety Standard Determinations for Chemical Substances.--
            ``(1) In general.--
                    ``(A) Application.--This paragraph applies to the 
                determination, or redetermination, of whether a 
                chemical substance meets the applicable safety standard 
                of this title.
                    ``(B) Burden of proof.--
                            ``(i) In general.--Under this title, the 
                        manufacturers and processors of a chemical 
                        substance, at all times, bear the burden of 
                        proving that the chemical substance meets the 
                        applicable safety standard.
                            ``(ii) Duties.--Under this title, it shall 
                        be the duty of--
                                    ``(I) the manufacturers and 
                                processors of a chemical substance to 
                                provide sufficient information for the 
                                Administrator to determine whether the 
                                chemical substance meets the applicable 
                                safety standard; and
                                    ``(II) the Administrator to 
                                determine whether the chemical 
                                substance meets the applicable safety 
                                standard.
                    ``(C) Assessment of risk.--
                            ``(i) In general.--Any determination that a 
                        chemical substance meets the applicable safety 
                        standard under subparagraph (B)(ii) shall be 
                        supported by an assessment of risk conducted by 
                        an employee of the Environmental Protection 
                        Agency.
                            ``(ii) Safety standard.--
                                    ``(I) In general.--The 
                                Administrator shall base the 
                                determination of whether the safety 
                                standard for a chemical substance has 
                                been met under this title solely on 
                                considerations of human health and the 
                                environment, including the health of 
                                vulnerable human populations.
                                    ``(II) Considerations.--In making a 
                                safety standard determination under 
                                this title, for each chemical 
                                substance, the Administrator shall--
                                            ``(aa) to the extent 
                                        practicable, review and 
                                        incorporate any available 
                                        scientific information relating 
                                        to the effect of cumulative 
                                        exposure to that chemical 
                                        substance on human health and 
                                        the environment; and
                                            ``(bb) find that a chemical 
                                        substance meets the safety 
                                        standard only if the 
                                        Administrator finds that there 
                                        is a reasonable certainty that 
                                        no harm will result to human 
                                        health or the environment from 
                                        aggregate exposure to the 
                                        chemical substance.
                            ``(iii) Financial interests.--No 
                        participant or peer reviewer in an assessment 
                        described in clause (i) shall have a direct or 
                        indirect financial interest in the outcome of 
                        the assessment.
                            ``(iv) Methodology.--
                                    ``(I) In general.--Subject to 
                                subclause (II), the Administrator shall 
                                use the best available science when 
                                conducting an assessment described in 
                                clause (i).
                                    ``(II) Considerations.--For the 
                                purpose of determining the current best 
                                available science, the Administrator 
                                shall base the determination on the 
                                recommendations of the National Academy 
                                of Sciences in the report entitled 
                                `Science and Decisions'.
                                    ``(III) Review.--Not later than 5 
                                years after the date of enactment of 
                                the Safe Chemicals Act of 2011, and not 
                                less frequently than once every 5 years 
                                thereafter, the Administrator shall 
                                review the methodology under this 
                                paragraph and may revise the 
                                methodology to reflect new scientific 
                                developments or understandings.
                            ``(v) Scope.--An assessment described in 
                        clause (i) shall address human health or 
                        environmental impacts, including potential or 
                        demonstrated cancer and noncancer endpoints.
                            ``(vi) Transparency.--In carrying out this 
                        subsection, the Administrator shall ensure that 
                        the approaches and resulting assessments are 
                        communicated in a manner that is transparent 
                        and understandable to the public and to risk 
                        managers.
                            ``(vii) Manufacture or processing for 
                        export.--In the case of a chemical substance 
                        that is manufactured or processed in whole or 
                        in part for export, in determining whether the 
                        chemical substance meets the applicable safety 
                        standard under subparagraph (B)(ii), the 
                        Administrator shall take into account any risks 
                        that the chemical substance may pose in the 
                        United States, including risks involving long-
                        range transport of the chemical substance in 
                        the environment and risks involving the import 
                        of articles and mixtures containing the 
                        chemical substance.
                            ``(viii) Risk assessment not required.--The 
                        Administrator shall not be required to conduct 
                        a risk assessment to determine that a 
                        manufacturer or processor has not met the 
                        burden of proof under subparagraph (B).
                    ``(D) No judicial review.--A determination by the 
                Administrator that a manufacturer or processor has not 
                established that the chemical substance meets the 
                applicable safety standard under this subsection shall 
                not be subject to judicial review.
            ``(2) Duties.--
                    ``(A) Manufacturer and processor duties.--
                            ``(i) Initial safety standard determination 
                        submission.--
                                    ``(I) In general.--By the date that 
                                is 30 months after the date on which a 
                                chemical substance is assigned to 
                                priority class 2 under subsection (a), 
                                the manufacturers and processors of a 
                                chemical substance shall--
                                            ``(aa) update the minimum 
                                        dataset, if the data set was 
                                        submitted prior to the 
                                        assignment of the chemical 
                                        substance to priority class 2 
                                        under subsection (a);
                                            ``(bb) submit to the 
                                        Administrator any additional 
                                        information the Administrator 
                                        may require to make a safety 
                                        standard determination, 
                                        including any information the 
                                        Administrator determines is 
                                        necessary to be developed by 
                                        testing; and
                                            ``(cc) indicate whether the 
                                        chemical substance, including 
                                        specified uses to be evaluated 
                                        and any proposed conditions on 
                                        the specified uses, meets the 
                                        safety standard.
                                    ``(II) Submitting manufacturers and 
                                processors.--The Administrator may 
                                permit the manufacturers and processors 
                                of a chemical substance to designate 1 
                                or more manufacturers or processors to 
                                submit the information required under 
                                subclause (I) on behalf of the 
                                manufacturers and processors making the 
                                designation.
                                    ``(III) Liability.--All 
                                manufacturers and processors described 
                                in subclause (II) shall remain liable 
                                for compliance with any requirements 
                                subject to the designation.
                            ``(ii) Renewal of safety standard 
                        determination submission.--
                                    ``(I) In general.--Not later than 
                                15 years after the date of the previous 
                                submission under clause (i), this 
                                clause, or section 5(c)(1), the 
                                manufacturers and processors of each 
                                chemical substance shall--
                                            ``(aa) submit to the 
                                        Administrator an updated 
                                        minimum data set for the 
                                        chemical substance, as 
                                        established under section 4(a); 
                                        and
                                            ``(bb) indicate whether the 
                                        chemical substance, including 
                                        specified uses to be evaluated 
                                        and any proposed conditions on 
                                        the specified use meets the 
                                        safety standard.
                                    ``(II) Submitting manufacturers and 
                                processors.--The Administrator may 
                                permit the manufacturers and processors 
                                of a chemical substance to designate 1 
                                or more manufacturers or processors to 
                                submit the information required under 
                                subclause (I) on behalf of the 
                                manufacturers and processors making the 
                                designation.
                                    ``(III) Liability.--All 
                                manufacturers and processors described 
                                in subclause (II) shall remain liable 
                                for compliance with any requirements 
                                subject to the designation.
                            ``(iii) Notice of pending determination.--
                        If the Administrator fails to act by an 
                        applicable deadline under subparagraph (B)(i), 
                        each manufacturer and processor of a chemical 
                        substance for which the Administrator has 
                        failed to act shall provide to the 
                        Administrator, the public, the employees and 
                        recognized bargaining agents of any employees 
                        who are represented by bargaining agents of the 
                        manufacturer or processor, and each known 
                        customer who has purchased the chemical 
                        substance within a reasonable timeframe, as 
                        determined by the Administrator by rule or 
                        order, a written notice that a determination by 
                        the Administrator of the safety of the chemical 
                        substance is pending.
                            ``(iv) Failure of manufacturer or processor 
                        to meet duties.--If a manufacturer or processor 
                        fails to meet any duty under this subparagraph 
                        for a chemical substance, the Administrator 
                        may, by order, take any action authorized under 
                        subsection (c) if a manufacturer or processor 
                        is in violation of a duty under this 
                        subparagraph, except as authorized subsection 
                        (e).
                    ``(B) Administrator duties.--
                            ``(i) Safety standard determination.--Not 
                        later than 1 year after the earlier of the date 
                        of receipt of a complete submission or the 
                        applicable submission deadline under clause (i) 
                        or (ii) of subparagraph (A), or after 
                        initiating a redetermination under clause (iii) 
                        of this subparagraph, with respect to a 
                        chemical substance, the Administrator shall by 
                        order determine, or redetermine, as 
                        appropriate, whether the manufacturers and 
                        processors of the chemical substance have 
                        established that the chemical substance meets 
                        the safety standard.
                            ``(ii) Uses and conditions.--If the 
                        Administrator determines that the chemical 
                        substance meets the safety standard, the 
                        Administrator shall specify in the order--
                                    ``(I) the allowed uses of the 
                                substance, which shall be limited to 
                                the uses evaluated in the 
                                determination; and
                                    ``(II) any conditions on the 
                                specified uses to ensure the safety 
                                standard is met, including conditions 
                                that relate to the manufacture, 
                                processing, use, distribution in 
                                commerce, or disposal of a chemical 
                                substance, or mixture or article 
                                containing such chemical substance, and 
                                any conditions described in subsection 
                                (c).
                            ``(iii) Redetermination.--The Administrator 
                        shall initiate a redetermination of whether the 
                        manufacturers and processors of a chemical 
                        substance distributed in commerce have 
                        established that the chemical substance meets 
                        the safety standard--
                                    ``(I) if new information raises a 
                                credible question as to whether the 
                                chemical substance continues to meet 
                                the safety standard;
                                    ``(II) on the receipt of a renewal 
                                submission under subparagraph (A)(ii); 
                                or
                                    ``(III) after the 15-year period 
                                beginning on the date of the previous 
                                applicable determination of the 
                                Administrator under this subparagraph, 
                                if a redetermination has not already 
                                been initiated subsequent to the 
                                determination.
                            ``(iv) Petition for redetermination.--
                                    ``(I) In general.--Any person may 
                                petition the Administrator for a 
                                redetermination of whether a chemical 
                                substance continues to meet the 
                                applicable safety standard.
                                    ``(II) Basis.--The person shall 
                                include in the petition a description 
                                of the basis for requesting the 
                                redetermination.
                                    ``(III) Action by administrator.--
                                On receipt of the petition, the 
                                Administrator shall--
                                            ``(aa) not later than 30 
                                        days after the date of receipt, 
                                        publish in the Federal Register 
                                        a notice of receipt of the 
                                        petition that specifies the 
                                        chemical identity of the 
                                        chemical substance to which the 
                                        petition pertains;
                                            ``(bb) make the petition 
                                        available on request;
                                            ``(cc) provide a reasonable 
                                        opportunity for public review 
                                        and comment on the petition and 
                                        give due consideration to any 
                                        comments received;
                                            ``(dd) decide whether to 
                                        make the requested 
                                        redetermination; and
                                            ``(ee) not later than 180 
                                        days after the date of receipt, 
                                        publish in the Federal Register 
                                        the decision and the basis for 
                                        the decision.
            ``(3) Risk reduction.--
                    ``(A) In general.--Except as provided under 
                subsection (e), the risk reduction measures described 
                in this paragraph shall apply to a chemical substance 
                in accordance with this paragraph.
                    ``(B) Negative safety standard determination.--No 
                person shall manufacture, process, or distribute in 
                commerce a chemical substance, or any mixture or 
                article containing the chemical substance, for--
                            ``(i) any new chemical substance for which 
                        notice is required under section 5(a), 
                        effective immediately after the Administrator 
                        makes a safety standard determination for a 
                        chemical substance under paragraph (2)(B)(i) 
                        and does not determine that the manufacturer or 
                        processor has established that the chemical 
                        substance meets the applicable safety standard; 
                        or
                            ``(ii) any other chemical substance, 
                        effective 1 year after the Administrator makes 
                        a safety standard determination for a chemical 
                        substance under paragraph (2)(B)(i) and does 
                        not determine that the chemical substance meets 
                        the applicable safety standard.
                    ``(C) Positive safety standard determination.--
                Effective beginning 1 year after the date on which the 
                Administrator determines under paragraph (2)(B)(i) that 
                a chemical substance meets the safety standard or 
                immediately after such a determination is made for a 
                new chemical substance for which notice is required 
                under section 5(a), no person shall manufacture, 
                process, or distribute in commerce the chemical 
                substance, or any mixture or article containing the 
                chemical substance, for any use other than those 
                specified in the determination established under 
                paragraph (2)(B)(ii).
    ``(c) Risk Management.--The Administrator, in making a safety 
standard determination, may impose conditions on the manufacture, 
processing, use, distribution in commerce, or disposal of a chemical 
substance, or mixture or article containing that chemical substance, in 
accordance with subsection (b)(2)(B)(ii)(II), including--
            ``(1) a requirement limiting the quantity of the substance 
        that may be manufactured, processed, or distributed in 
        commerce;
            ``(2) a requirement--
                    ``(A) prohibiting the manufacture, processing, or 
                distribution in commerce of the substance for a 
                particular use in a concentration in excess of a level 
                specified by the Administrator in conditions under 
                subsection (b)(2)(B)(ii)(II); or
                    ``(B) limiting the quantity of the substance that 
                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 conditions established under 
                        subsection (b)(2)(B)(ii)(II);
            ``(3) a requirement that the substance be marked with or 
        accompanied by clear and adequate warnings and instructions 
        with respect to use, distribution in commerce, or disposal, or 
        any combination of such activities, with the form and content 
        of the warnings and instructions prescribed by the 
        Administrator;
            ``(4) a requirement that manufacturers and processors of 
        the substance--
                    ``(A) make and retain records of the processes used 
                to manufacture or process the substance; and
                    ``(B) monitor or conduct tests that are reasonable 
                and necessary to ensure compliance with this Act;
            ``(5) a requirement prohibiting or otherwise regulating any 
        manner or method of commercial use of the substance;
            ``(6) a requirement prohibiting or otherwise regulating any 
        manner or method of disposal of the substance by--
                    ``(A) the manufacturer or processor of the 
                substance; or
                    ``(B) any other person that uses, or disposes of, 
                the substance for commercial purposes; and
            ``(7) a requirement that the manufacturers and processors 
        of the substance, mixture, or article develop a risk reduction 
        management plan to achieve a risk reduction specified by the 
        Administrator.
    ``(d) Quality Control Orders.--
            ``(1) In general.--If the Administrator has a reasonable 
        basis to conclude that a particular manufacturer or processor 
        is manufacturing or processing a chemical substance in a manner 
        that may present a substantial endangerment to human health or 
        the environment, the Administrator may, by order, require the 
        manufacturer or processor to submit a description of the 
        quality control procedures followed in the manufacturing or 
        processing of the chemical substance.
            ``(2) Orders.--
                    ``(A) In general.--If the Administrator determines 
                that quality control procedures described in paragraph 
                (1) are inadequate to prevent the chemical substance 
                from presenting a risk of injury to human health or the 
                environment, the Administrator may order the 
                manufacturer or processor to revise the quality control 
                procedures to the extent necessary to remedy the 
                inadequacy.
                    ``(B) Substantial endangerment.--If the 
                Administrator determines that quality control 
                procedures described in paragraph (1) have resulted in 
                the distribution in commerce of a chemical substance 
                that may present a substantial endangerment to human 
                health or the environment, the Administrator may order 
                the manufacturer or processor--
                            ``(i) to give notice of the endangerment 
                        to--
                                    ``(I) processors or distributors 
                                (or both) in commerce of the substance; 
                                and
                                    ``(II) to the extent reasonably 
                                ascertainable, any other person in 
                                possession of or exposed to the 
                                substance;
                            ``(ii) to give public notice of the 
                        endangerment; and
                            ``(iii) to provide for the replacement or 
                        repurchase, as prescribed by the Administrator, 
                        of the substance as the Administrator 
                        determines necessary to adequately protect 
                        human health or the environment.
    ``(e) Exemptions to Restrictions.--
            ``(1) Application.--This subsection applies to the 
        restrictions established under sections 4(a)(3), 4(b)(3), 
        8(b)(6), and 8(c)(3), and paragraphs (2)(A)(iv) and (3) of 
        subsection (b).
            ``(2) Exemptions.--
                    ``(A) In general.--
                            ``(i) Request.--The manufacturers and 
                        processors of a chemical substance may request 
                        an exemption from any restriction described in 
                        paragraph (1) for a specified use of the 
                        chemical substance.
                            ``(ii) Order.--The Administrator may, by 
                        order, grant an exemption from any restriction 
                        described in paragraph (1) for a period of not 
                        to exceed 5 years if the manufacturers and 
                        processors of the chemical substance have 
                        established by clear and convincing evidence 
                        that the uses to be exempted meet the exemption 
                        criteria described in subparagraph (B).
                    ``(B) Criteria.--The Administrator may grant an 
                exemption for the use of a chemical substance under 
                subparagraph (A)(ii) if--
                            ``(i) the exemption is in the paramount 
                        interest of national security;
                            ``(ii) the lack of availability of the 
                        chemical substance would cause significant 
                        disruption in the national economy; or
                            ``(iii) the use for which the exemption is 
                        sought is a critical or essential use for 
                        which--
                                    ``(I) no feasible safer alternative 
                                for the specified use of the chemical 
                                substance is available; or
                                    ``(II) the specified use of the 
                                chemical substance when compared to all 
                                available alternatives, provides a net 
                                benefit to human health, the 
                                environment, or public safety.
                    ``(C) Public notice.--If the Administrator grants 
                an exemption for a chemical substance under this 
                paragraph--
                            ``(i) the manufacturers and processors of 
                        the chemical substance shall, for the exempted 
                        use, provide notice of the exemption to each 
                        known purchaser of--
                                    ``(I) the chemical substance; and
                                    ``(II) a mixture or article 
                                containing the chemical substance; and
                            ``(ii) the Administrator shall provide the 
                        public with a notice of the exemption.
                    ``(D) Renewal.--The Administrator may, by order, 
                renew an exemption under this paragraph for 1 or more 
                additional 5-year periods if the Administrator 
                concludes, after providing public notice and an 
                opportunity for comment, that the use of the chemical 
                substance continues to meet the criteria described in 
                subparagraph (B).
                    ``(E) Conditions.--
                            ``(i) In general.--The Administrator shall, 
                        by order, impose any condition on an exemption 
                        issued under this paragraph that the 
                        Administrator determines to be necessary to 
                        ensure the protection of human health and the 
                        environment.
                            ``(ii) Compliance.--Effective immediately 
                        after the date on which the Administrator 
                        establishes conditions on exempted use under 
                        clause (i), the manufacturing, processing, or 
                        distribution in commerce of the chemical 
                        substance, or any mixture or article containing 
                        the chemical substance, shall be prohibited 
                        except to the extent that the conditions are 
                        satisfied.
            ``(3) Resale of used articles.--The restrictions described 
        in paragraph (1) shall not apply to the resale of an article 
        subject to a restriction under subsection (b) if the article 
        has previously been used by an end consumer.
            ``(4) Extensions of effective dates for retail sale of 
        articles to end consumers.--
                    ``(A) In general.--Except as provided in 
                subparagraph (B), in the case of the retail sale to an 
                end consumer of a chemical substance (or mixture or 
                article containing that chemical substance) that is 
                subject to a restriction described in paragraph (1), 
                the Administrator may, by order, extend the effective 
                date of the restriction by a period not to exceed 3 
                years, if the Administrator determines that the 
                extension--
                            ``(i) is necessary and appropriate to allow 
                        for depletion of the existing retail inventory; 
                        and
                            ``(ii) will not present a substantial 
                        endangerment to human health or the 
                        environment.
                    ``(B) Exception.--An extension under subparagraph 
                (A) shall not apply to any retailer that the 
                Administrator determines has failed to comply with an 
                order requesting information issued by the 
                Administrator pursuant to section 8.
    ``(f) Polychlorinated Biphenyls.--
            ``(1) In general.--The Administrator shall act by order or 
        rule consistent with paragraphs (2) and (3)--
                    ``(A) to prescribe methods for the disposal of 
                polychlorinated biphenyls; and
                    ``(B) to require polychlorinated biphenyls to be 
                marked with clear and adequate warnings and 
                instructions with respect to the processing, 
                distribution in commerce, use, or disposal (or any 
                combination of such activities) of polychlorinated 
                biphenyls.
            ``(2) Manufacture, process, or distribution in totally 
        enclosed manner.--
                    ``(A) Definition of totally enclosed manner.--In 
                this paragraph, the term `totally enclosed manner' 
                means any manner that ensures that any exposure of 
                human beings or the environment to the polychlorinated 
                biphenyl will be insignificant, as determined by the 
                Administrator by order or rule.
                    ``(B) Prohibition.--Except as provided in 
                subparagraph (C), no person may manufacture, process, 
                distribute in commerce, or use any polychlorinated 
                biphenyl in any manner other than in a totally enclosed 
                manner.
                    ``(C) Alternative manner.--The Administrator may, 
                by order or rule, authorize the manufacture, 
                processing, distribution in commerce, or use (or any 
                combination of such activities) of any polychlorinated 
                biphenyl in a manner other than in a totally enclosed 
                manner if the Administrator finds that the manufacture, 
                processing, distribution in commerce, or use (or 
                combination of such activities) will not present a 
                substantial endangerment to human health or the 
                environment.
            ``(3) Prohibition on manufacture, process, or 
        distribution.--
                    ``(A) In general.--Except as provided in 
                subparagraphs (B), (C), and (D)--
                            ``(i) no person may manufacture any 
                        polychlorinated biphenyl; and
                            ``(ii) no person may process or distribute 
                        in commerce any polychlorinated biphenyl.
                    ``(B) Exemptions.--
                            ``(i) In general.--Any person may petition 
                        the Administrator for an exemption from the 
                        requirements of subparagraph (A), and the 
                        Administrator may grant by rule the exemption, 
                        if the Administrator finds that--
                                    ``(I) a substantial endangerment to 
                                human health or environment would not 
                                result; and
                                    ``(II) good faith efforts have been 
                                made to develop a chemical substance 
                                that meets the safety standard and that 
                                may be substituted for such 
                                polychlorinated biphenyl.
                            ``(ii) Administration.--An exemption 
                        granted under this subparagraph shall be--
                                    ``(I) subject to such terms and 
                                conditions as the Administrator may 
                                prescribe; and
                                    ``(II) be in effect for such period 
                                (but not more than 1 year after the 
                                date on which the exemption is granted, 
                                except as provided in subparagraph (D)) 
                                as the Administrator may prescribe.
                    ``(C) Prior sales.--Subparagraph (A) shall not 
                apply to the distribution in commerce of any 
                polychlorinated biphenyl if the polychlorinated 
                biphenyl was sold for purposes other than resale before 
                the expiration of the 2\1/2\- year period beginning on 
                the date of enactment of this Act.
                    ``(D) Extension of exemptions.--
                            ``(i) In general.--The Administrator may, 
                        by order or rule, extend an exemption granted 
                        under subparagraph (B) that has not yet expired 
                        for a period not to exceed 60 days for the 
                        purpose of authorizing the Secretary of Defense 
                        and the Secretaries of the military departments 
                        to provide for the transportation into the 
                        customs territory of the United States of 
                        polychlorinated biphenyls generated by or under 
                        the control of the Department of Defense for 
                        purposes of the disposal, treatment, or storage 
                        of the polychlorinated biphenyls in the customs 
                        territory of the United States if the 
                        polychlorinated biphenyls are already in 
                        transit from storage locations but the 
                        Administrator determines, in the sole 
                        discretion of the Administrator, the 
                        polychlorinated biphenyls would not otherwise 
                        arrive in the customs territory of the United 
                        States within the period of the original 
                        exemption.
                            ``(ii) Notice.--The Administrator shall 
                        promptly publish in the Federal Register notice 
                        of the extension.
    ``(g) Mercury.--
            ``(1) In general.--Except as provided in paragraph (2), no 
        Federal agency shall convey, sell, or distribute to any other 
        Federal agency, any State or local government agency, or any 
        private individual or entity any elemental mercury under the 
        control or jurisdiction of the Federal agency.
            ``(2) Exceptions.--Paragraph (1) shall not apply to--
                    ``(A) a transfer between Federal agencies of 
                elemental mercury for the sole purpose of facilitating 
                storage of mercury to carry out this Act; or
                    ``(B) a conveyance, sale, distribution, or transfer 
                of coal.
            ``(3) Leases of federal coal.--Nothing in this subsection 
        prohibits the leasing of coal.
    ``(h) Certification.--Each submission required pursuant to this 
section or pursuant to a rule or an order promulgated or issued by the 
Administrator under this section shall be accompanied by a 
certification signed by a responsible official of the manufacturer or 
processor 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.
    ``(i) Effective Date.--In any rule or order under this section, the 
Administrator shall specify the date on which the rule or order shall 
take effect, which shall be as soon as practicable.''.

SEC. 8. IMMINENT HAZARDS.

    Section 7 of the Toxic Substances Control Act (15 U.S.C. 2606) is 
amended to read as follows:

``SEC. 7. IMMINENT HAZARDS.

    ``(a) Actions Authorized and Required.--
            ``(1) In general.--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 a chemical substance or 
                mixture, that may present an imminent and substantial 
                endangerment to health or the environment;
                    ``(B) relief authorized under subsection (b) 
                against any person that--
                            ``(i) manufactures, processes, distributes 
                        in commerce, uses, or disposes of a chemical 
                        substance or mixture, or any article containing 
                        a chemical substance or mixture, if the 
                        manufacture, processing, distribution in 
                        commerce, use, or disposal may present an 
                        imminent and substantial endangerment to health 
                        or the environment; or
                            ``(ii) contributes to an activity described 
                        in clause (i); or
                    ``(C) both seizure and relief described in 
                subparagraphs (A) and (B), respectively.
            ``(2) Other actions.--
                    ``(A) In general.--The Administrator may issue such 
                orders as are necessary to protect health or the 
                environment from any manufacturing, processing, 
                distribution in commerce, use, or disposal 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, as determined by the 
                Administrator.
                    ``(B) Requirement.--An order under subparagraph (A) 
                may include such requirements imposed on the 
                manufacture, processing, distribution in commerce, use, 
                or disposal of a chemical substance or mixture, or 
                article containing the chemical substance or mixture, 
                as the Administrator determines are necessary to 
                protect health or the environment, including--
                            ``(i) the requirements described in section 
                        6(c); and
                            ``(ii) the relief authorized under 
                        subsection (b).
            ``(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--
                    ``(A) the existence of a rule or order under this 
                Act; and
                    ``(B) the pendency of any administrative or 
                judicial proceeding under this Act.
    ``(b) Relief Authorized.--
            ``(1) In general.--The district court of the United States 
        in which a civil action under subsection (a)(1) is brought 
        shall have jurisdiction to grant such temporary or permanent 
        relief as are necessary to protect health or the environment 
        from the risk associated with the activity involved in the 
        civil action.
            ``(2) Types of relief.--In the case of a civil action under 
        subsection (a)(1) brought against a person that manufactures, 
        processes, distributes in commerce, uses, or disposes of a 
        chemical substance or mixture or an article containing a 
        chemical substance or mixture, the relief authorized by 
        paragraph (1) may include--
                    ``(A) the issuance of a mandatory order imposing 
                any of the requirements described in section 6(c); and
                    ``(B) in the case of purchasers of the substance, 
                mixture, or article known to the defendant--
                            ``(i) notification to the purchasers of the 
                        risk associated with the substance, mixture, or 
                        article;
                            ``(ii) public notice of the risk;
                            ``(iii) recall;
                            ``(iv) the replacement or repurchase of the 
                        substance, mixture, or article; or
                            ``(v) any combination of the actions 
                        described in section 6(c) or in clauses (i) 
                        through (iv) of this subparagraph; or
                    ``(C) such other relief as is necessary to protect 
                health or the environment from the risk associated with 
                the activity involved in the civil action.
            ``(3) Seizure and condemnation.--
                    ``(A) In general.--A civil action under subsection 
                (a)(1) against a chemical substance, mixture, or 
                article may be proceeded against by process of libel 
                for seizure and condemnation of the chemical substance, 
                mixture, or article.
                    ``(B) Proceedings.--Proceedings in a civil action 
                described in subparagraph (A) shall conform, to the 
                maximum extent practicable, to proceedings in rem in 
                admiralty.
    ``(c) Venue and Consolidation.--
            ``(1) Venue.--
                    ``(A) In general.--A civil action under subsection 
                (a)(1) against a person that manufactures, processes, 
                or distributes a chemical substance or mixture or an 
                article containing a chemical substance or mixture may 
                be brought in the United States District Court for the 
                District of Columbia, or in any judicial district in 
                which any of the defendants is found, resides, or 
                transacts business.
                    ``(B) Process.--Process in an action described in 
                subparagraph (A) may be served on a defendant in any 
                other district in which the defendant resides or may be 
                found.
                    ``(C) Chemical substances, mixtures, or articles.--
                A civil action under subsection (a)(1) against a 
                chemical substance, mixture, or article may be brought 
                in any United States district court within the 
                jurisdiction of which the chemical substance, mixture, 
                or article is found.
                    ``(D) Multiple judicial districts.--In determining 
                the judicial district in which a civil action may be 
                brought under subsection (a)(1) in instances in which 
                the action may be brought in more than 1 judicial 
                district, the Administrator shall take into account the 
                convenience of the parties.
                    ``(E) Subpoenas.--Subpoenas requiring attendance of 
                witnesses in a civil action brought under subsection 
                (a)(1) may be served in any judicial district.
            ``(2) Consolidation.--If proceedings under subsection 
        (a)(1) involving identical chemical substances, mixtures, or 
        articles are pending in courts in 2 or more judicial districts, 
        the proceedings shall be consolidated for trial by order of any 
        such court on application reasonably made by any party in 
        interest, on notice to all parties in interest.''.

SEC. 9. REPORTING AND RETENTION OF INFORMATION.

    Section 8 of the Toxic Substances Control Act (15 U.S.C. 2607) is 
amended to read as follows:

``SEC. 8. REPORTING AND RETENTION OF INFORMATION.

    ``(a) Substance Identification, Declaration, and Information.--
            ``(1) In general.--Not later than 1 year after the date of 
        enactment of the Safe Chemicals Act of 2011, each manufacturer 
        or processor of a chemical substance distributed in commerce 
        shall submit to the Administrator the declaration described in 
        paragraph (2) or (3), accompanied by the certification 
        described in subsection (h).
            ``(2) Declaration of current manufacture or processing.--A 
        declaration described in this paragraph is a statement that 
        includes, for each chemical substance manufactured or processed 
        by a manufacturer or processor--
                    ``(A) the chemical identity and any special 
                substance characteristics of the chemical substance;
                    ``(B) the name and location of each facility under 
                the control of the manufacturer or processor at which 
                the chemical substance is manufactured or processed or 
                from which the chemical substance is distributed in 
                commerce;
                    ``(C) 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, and copies of any 
                such studies that have not previously been submitted to 
                the Administrator; and
                    ``(D) 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 
                regarding--
                            ``(i) the physical, chemical, and 
                        toxicological properties of the chemical 
                        substance;
                            ``(ii) the annual production volume and 
                        known uses of, and exposure and fate 
                        information relating to, the chemical 
                        substance; and
                            ``(iii) the name and location of each 
                        facility to which the chemical substance is 
                        sent, after manufacture and processing, for 
                        subsequent processing, distribution, or use.
            ``(3) Declaration of cessation of manufacturing or 
        processing.--A declaration described in this paragraph is a 
        statement certifying that the manufacturer or processor has 
        ceased, or will cease not later than 180 days after the date of 
        submission of the declaration, all production, importation, 
        processing, and export of the chemical substance.
            ``(4) Updating of information.--Each manufacturer or 
        processor of a chemical substance that submits to the 
        Administrator a declaration described in paragraph (2) shall 
        update and submit to the Administrator a new declaration--
                    ``(A) at a minimum every 3 years; and
                    ``(B) 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, 
                including any information that--
                            ``(i) demonstrates a new potential toxic 
                        effect of the chemical substance;
                            ``(ii) corroborates previous information 
                        demonstrating or suggesting a toxic effect; or
                            ``(iii) suggests a toxic effect at a lower 
                        dose than previously demonstrated.
            ``(5) Records to support declarations.--Each manufacturer 
        or processor of a chemical substance distributed in commerce 
        shall maintain records of the information described in 
        subparagraphs (A) through (D) of paragraph (2).
            ``(6) Prohibition on manufacturing, processing, or 
        distribution.--The Administrator may, by order, prohibit a 
        manufacturer or processor in violation of this subsection from 
        manufacturing, processing, or distributing in commerce the 
        chemical substance or any article containing the chemical 
        substance, except as authorized under section 6(e).
    ``(b) Reports.--
            ``(1) Requirement.--
                    ``(A) In general.--Except as provided in paragraph 
                (2), the Administrator may by rule or order require any 
                person who manufactures, processes, distributes in 
                commerce, uses, or disposes of a chemical substance to 
                maintain records of and report by a specified date any 
                information concerning the substance that, in the 
                judgment of the Administrator, would assist the 
                Administrator in--
                            ``(i) making a safety standard 
                        determination with respect to a chemical 
                        substance under this title; or
                            ``(ii) any other aspect of administering 
                        this Act.
                    ``(B) Characteristics.--The Administrator may by 
                rule or order require that any report or information 
                submitted pursuant to this Act include chemical 
                identity and special substance characteristics, as 
                appropriate to the chemical substance that is the 
                subject of the report or information.
                    ``(C) Required information.--The Administrator 
                shall by rule or order specify or modify the 
                information that is required to be submitted with a 
                particular report or information submission to 
                establish the chemical identity and special substance 
                characteristics of the subject chemical substance (or 
                mixture or article containing that chemical substance) 
                for the purposes of the report or information 
                submission.
            ``(2) Small quantities for research or analysis.--In the 
        case of the manufacture, processing, distribution in commerce, 
        use, or disposal of a chemical substance 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 promulgate or issue a rule or 
        order under paragraph (1) only to the extent that the 
        Administrator determines the maintenance of records or 
        submission of reports, or both, are necessary for the effective 
        enforcement of this Act.
            ``(3) Prohibition on manufacturing, processing, or 
        distribution.--The Administrator may, by order, prohibit a 
        manufacturer or processor in violation of a requirement of a 
        rule or order under paragraph (1) from manufacturing, 
        processing, or distributing in commerce the chemical substance 
        or any article containing the chemical substance, except as 
        authorized under section 6(e).
    ``(c) Inventory.--
            ``(1) In general.--The Administrator shall compile, keep 
        current, and publish a list of each chemical substance that is 
        manufactured or processed in the United States.
            ``(2) Contents.--The list shall at least include the name 
        of each chemical substance that any person reports, under 
        section 5 or subsection (b) of this section, is manufactured or 
        processed in the United States.
            ``(3) Timing.--
                    ``(A) In general.--In the case of a chemical 
                substance for which a notice is submitted in accordance 
                with section 5, the chemical substance shall be 
                included on the list as of the earliest date (as 
                determined by the Administrator) on which the substance 
                was manufactured or processed in the United States.
                    ``(B) Publication.--The Administrator shall first 
                publish a list under subparagraph (A) not later than 18 
                months after the effective date of this Act.
            ``(4) Small quantities for research or analysis.--The 
        Administrator shall not include in the list any chemical 
        substance that 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, the substance or another 
        substance, including such research or analysis for the 
        development of a product.
    ``(d) Public Access to Significant Information.--
            ``(1) Electronic database.--Not later than 1 year after the 
        date of enactment of the Safe Chemicals Act of 2011, the 
        Administrator, through collaboration, as appropriate, shall 
        establish--
                    ``(A) an electronic, Internet-accessible database 
                for storing and sharing of information relating to the 
                toxicity and use of, and exposure to, chemical 
                substances; and
                    ``(B) procedures for use in maintaining and 
                updating the database.
            ``(2) Public access.--Not later than 18 months after the 
        date of enactment of the Safe Chemicals Act of 2011, or not 
        later than 90 days after the date of decisions made by the 
        Administrator or receipt by the Administrator of information 
        submitted pursuant to this title (for decisions made or 
        information submitted after that 18-month period), the 
        Administrator shall, subject to section 14, make available to 
        the public via the Internet-accessible database described in 
        paragraph (1) a description of all significant--
                    ``(A) decisions made by the Administrator under 
                this title; and
                    ``(B) information submitted pursuant to this title.
    ``(e) Records.--
            ``(1) In general.--Any person that manufactures, processes, 
        or distributes in commerce any chemical substance shall 
        maintain and submit to the Administrator records of significant 
        adverse reactions to health or the environment, as determined 
        by the Administrator by rule, that are alleged to have been 
        caused by the substance.
            ``(2) Duration.--
                    ``(A) In general.--Records of the adverse reactions 
                to the health of employees shall be retained for a 
                period of at least 30 years after the date on which the 
                reactions were first reported to or known by the person 
                maintaining the records.
                    ``(B) Other records.--Any other record of the 
                adverse reactions shall be retained for a period of at 
                least 5 years after the date on which information 
                contained in the record was first reported to or known 
                by the person maintaining the record.
            ``(3) Contents.--Records required to be maintained under 
        this subsection shall include--
                    ``(A) records of consumer allegations of personal 
                injury or harm to health;
                    ``(B) reports of occupational disease or injury; 
                and
                    ``(C) reports or complaints of injury to the 
                environment submitted to the manufacturer, processor, 
                or distributor in commerce from any source.
    ``(f) Information in the Possession of Other Federal Agencies.--
            ``(1) Synopses.--
                    ``(A) In general.--From time to time, each Federal 
                agency and Federal institution shall submit to the 
                Administrator a synopsis of the data and records in the 
                possession or control of the agency or institution, 
                respectively, that may be useful to the Administrator 
                in carrying out this Act.
                    ``(B) Format and content.--Not later than 1 year 
                after the date of enactment of the Safe Chemicals Act 
                of 2011, the Administrator shall prescribe, by order, 
                the format, content, and level of detail of the 
                synopses.
                    ``(C) Initial submission.--Not later than 18 months 
                after the date of enactment of the Safe Chemicals Act 
                of 2011, each Federal agency and Federal institution 
                shall make the initial submission of a synopsis of the 
                agency and institution, respectively, to the 
                Administrator.
                    ``(D) Updates.--At least once every 3 years, each 
                Federal agency and Federal institution shall--
                            ``(i) update the synopsis of the agency and 
                        institution, respectively; and
                            ``(ii) submit the updated synopsis to the 
                        Administrator.
            ``(2) Requests by administrator.--On the request of the 
        Administrator, any information in the possession or control of 
        an agency or institution relating to a hazard of, use of, 
        exposure to, or risk of a chemical substance (or mixture or 
        article containing that chemical substance) shall be provided 
        to the Administrator.
    ``(g) Notice to Administrator of Substantial Risks.--Any person 
that manufactures, processes, or distributes in commerce a chemical 
substance and that obtains information that reasonably supports the 
conclusion that the substance presents a substantial risk of injury to 
health or the environment shall immediately inform the Administrator of 
the information unless the person has actual knowledge that the 
Administrator has been adequately informed of the information.
    ``(h) Certification.--Each submission required pursuant to this 
section or pursuant to a rule or an order promulgated or issued by the 
Administrator under this section, other than a submission under 
subsection (f), shall be accompanied by a certification signed by a 
responsible official of the manufacturer or processor 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.''
    ``(i) Definition of Manufacture and Process.--In this section, the 
terms `manufacture' and `process' mean manufacture and process, 
respectively, for commercial purposes.''.

SEC. 10. RELATIONSHIP TO OTHER FEDERAL LAWS.

    Section 9 of the Toxic Substances Control Act (15 U.S.C. 2608) is 
amended--
            (1) in subsection (a)--
                    (A) by striking paragraphs (1) and (2) and 
                inserting the following:
            ``(1) Report.--
                    ``(A) In general.--If the Administrator determines 
                that the manufacture, processing, distribution in 
                commerce, use, or disposal of a chemical substance, or 
                that any combination of those activities, does not meet 
                a safety standard under this title or requires 
                conditions or restrictions in order to the meet the 
                safety standard, and the Administrator determines that 
                action may be taken under a Federal law not 
                administered by the Administrator to address the uses 
                of, or exposure to, the chemical substance, the 
                Administrator shall submit to the agency that 
                administers the Federal law a report that--
                            ``(i) describes with specification the 
                        activity or combination of activities that 
                        prevent the chemical substance from meeting the 
                        safety standard or restrictions or conditions 
                        required to meet the safety standard under this 
                        title;
                            ``(ii) requests that the agency--
                                    ``(I) determine whether the 1 or 
                                more actions may be taken under Federal 
                                law administered by the agency;
                                    ``(II) if the agency determines 
                                under clause (i) that the 1 or more 
                                actions may be taken, initiate and 
                                provide a timetable for the 1 or more 
                                actions; and
                                    ``(III) respond to the 
                                Administrator with respect to the 
                                matters described in the report; and
                            ``(iii) includes a detailed statement of 
                        the information on which the report is based.
                    ``(B) Publication.--A report of the Administrator 
                submitted under subparagraph (A) shall be promptly 
                published in the Federal Register.
                    ``(C) Action by recipient agency.--Not later than 
                90 days after the date of receipt of a report from the 
                Administrator under subparagraph (A), or by such 
                earlier date as the Administrator may specify in such a 
                report, an agency that receives the report shall--
                            ``(i) make all determinations requested by 
                        the Administrator in the report;
                            ``(ii) take all action necessary to ensure 
                        that a chemical substance meets the safety 
                        standard under this title, if appropriate;
                            ``(iii) include with the response of the 
                        agency a detailed statement of the findings and 
                        conclusions of the agency; and
                            ``(iv) publish that statement in the 
                        Federal Register.
            ``(2) Initiation of action.--If the Administrator submits a 
        report under paragraph (1) with respect to a chemical substance 
        to an agency, and the agency that receives the report 
        initiates, within the period specified in the request under 
        paragraph (1), a civil action under Federal law administered by 
        the agency to ensure that a chemical substance meets the safety 
        standard under this title, or requires restrictions or 
        conditions to meet that safety standard, the Administrator may 
        not take action under this Act with respect to the civil action 
        (other than any action taken pursuant to section 7).'';
                    (B) by redesignating paragraph (3) as paragraph 
                (4);
                    (C) by inserting after paragraph (2) the following:
            ``(3) No action.--The Administrator may, by order, initiate 
        action or a combination of actions under this Act to ensure 
        compliance with the safety standard for a chemical substance 
        under this title if--
                    ``(A) the Administrator submits a report under 
                paragraph (1) with respect to a chemical substance; and
                    ``(B) the agency to which the report was 
                submitted--
                            ``(i) determines that action cannot be 
                        taken under the authorities of the agency;
                            ``(ii) does not initiate action, if 
                        appropriate, within the period specified in the 
                        request under paragraph (1);
                            ``(iii) does not complete the action within 
                        the timeframe provided by the agency; or
                            ``(iv) fails to respond.''; and
                    (D) in paragraph (4) (as redesignated by 
                subparagraph (B))--
                            (i) by striking ``(4) If the Administrator 
                        has initiated action under section 6 or 7'' and 
                        inserting the following:
            ``(4) Consultation.--If the Administrator has initiated 
        action under this Act''; and
                            (ii) by striking ``against such risk'' 
                        after ``Federal action'';
            (2) in subsection (c)--
                    (A) by striking ``the Administrator shall not'' and 
                inserting ``Administrator--
            ``(1) shall not''; and
                    (B) by striking the period at the end and inserting 
                ``; and''; and
                    (C) by adding at the end the following:
            ``(2) shall ensure that any actions to address workplace 
        exposures that the Administrator takes or requires to be taken 
        by manufacturers or processors of a chemical substance are 
        consistent with the industrial hygiene hierarchy of 
        controls.''; and
            (3) in subsection (d)--
                    (A) in the first sentence, by striking ``while 
                imposing the least burden of duplicative requirements 
                on those subject to the Act and for other purposes''; 
                and
                    (B) in the second sentence, by striking ``, in the 
                report required by section 30,''.

SEC. 11. INSPECTIONS AND SUBPOENAS.

    Section 11 of the Toxic Substances Control Act (15 U.S.C. 2610) is 
amended to read as follows:

``SEC. 11. INSPECTIONS AND SUBPOENAS.

    ``(a) Inspections.--
            ``(1) In general.--For purposes of administering this Act, 
        the Administrator, and any duly designated representative of 
        the Administrator, may inspect--
                    ``(A) any establishment, facility, or other 
                premises in which chemical substances, mixtures, or 
                articles subject to this Act are manufactured, 
                processed, stored, or held before or after distribution 
                in commerce;
                    ``(B) any conveyance being used to transport such 
                chemical substances, mixtures, or articles in 
                connection with distribution in commerce; and
                    ``(C) any place at which records relating to the 
                chemical substances, mixtures, or articles, or 
                otherwise relating to compliance with this Act, are 
                held.
            ``(2) Method.--Each inspection under paragraph (1) shall 
        be--
                    ``(A) commenced and completed with reasonable 
                promptness; and
                    ``(B) conducted at reasonable times, within 
                reasonable limits, and in a reasonable manner.
            ``(3) Samples.--The Administrator, and any duly designated 
        representative of the Administrator, may inspect and obtain 
        samples of any--
                    ``(A) chemical substance, mixture, or article; and
                    ``(B) container or labeling of a chemical 
                substance, mixture, or article.
    ``(b) Scope.--An inspection conducted under subsection (a) shall 
extend to all things within the premises or conveyance inspected 
(including records, files, papers, processes, controls, and facilities) 
regarding whether the owner or operator of the premises, conveyance, or 
records has complied with provisions of this Act applicable to the 
chemical substances, mixtures, articles, or records.
    ``(c) Information Gathering.--
            ``(1) In general.--In carrying out this Act, the 
        Administrator may require the attendance and testimony of 
        witnesses and the production of such reports, papers, 
        documents, items, answers to questions, and other information, 
        including the development of analyses and other information, as 
        the Administrator determines to be necessary.
            ``(2) Payment of witnesses.--A witness described in 
        paragraph (1) shall be paid the same fees and mileage that are 
        paid witnesses in the courts of the United States.
    ``(d) Warrants.--For purposes of enforcing this Act, upon a showing 
to an officer or court of competent jurisdiction that there is reason 
to believe that a provision of this Act has been violated, officers or 
employees duly designated by the Administrator are empowered to obtain 
and to execute warrants authorizing--
            ``(1) entry, inspection, and copying of records for 
        purposes of this Act; and
            ``(2) the seizure of any chemical substance, mixture, or 
        article that is in violation of this Act.''.

SEC. 12. EXPORTS.

    Section 12 of the Toxic Substances Control Act (15 U.S.C. 2611) is 
amended--
            (1) by striking subsection (a);
            (2) by redesignating subsections (b) and (c) as subsections 
        (a) and (b), respectively;
            (3) in subsection (a) (as redesignated by paragraph (2))--
                    (A) in paragraph (1)--
                            (i) by striking ``or intends to export'';
                            (ii) by striking ``section 4 or 5(b)'' and 
                        inserting ``section 4, 5, or 6(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 ``an action has been taken pursuant 
                        to section 6 or 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 ``the action taken 
                        pursuant to section 6 or 7''; and
                    (C) by adding at the end the following:
            ``(3) Change in export status.--
                    ``(A) In general.--Any person that has notified the 
                Administrator of the exportation of a chemical 
                substance or mixture under this section shall notify 
                the Administrator of any change in the export status of 
                the substance or mixture by not later than 30 days 
                after such a change in status.
                    ``(B) Updated notice.--The Administrator shall 
                promptly furnish 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) data for the substance or mixture 
                        have been received by the Administrator 
                        pursuant to section 4, 5, 6(b), or 8;
                            ``(ii) a change has occurred in the export 
                        status of the substance or mixture; or
                            ``(iii) a change has been made in any risk 
                        management action taken pursuant to section 6 
                        or 7 for the substance or mixture.'';
            (4) in subsection (b), as redesignated by paragraph (2) of 
        this section--
                    (A) by striking paragraph (2); and
                    (B) by redesignating paragraphs (3), (4), (5), and 
                (6) as paragraphs (2), (3), (4), and (5), respectively; 
                and
            (5) by adding at the end the following:
    ``(c) Public Records.--The Administrator shall--
            ``(1) maintain copies of all current notices provided to 
        other governments under this section; and
            ``(2) make such copies available to the public in 
        electronic format.''.

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 striking ``Secretary of the Treasury'' each place it 
        appears and inserting ``Secretary of Homeland Security'';
            (2) in subsection (a)--
                    (A) in paragraph (1), by striking ``if--'' and 
                subparagraphs (A) and (B) and inserting ``if 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
                    (B) by adding at the end the following:
            ``(3) Import as part of an article.--Chemical substances 
        and mixtures imported as part of an article shall be subject to 
        the same requirements under this Act as if the substances and 
        mixtures had been imported in bulk, except as the Administrator 
        may provide by rule under this Act, or as the Secretary of 
        Homeland Security may provide by rule under 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) through (e) as 
        subsections (c) through (g), respectively;
            (2) by inserting before subsection (c) (as redesignated by 
        paragraph (1)), the following:
    ``(a) Agency 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 known as the 
        `Freedom of Information Act'); and
            ``(2) all information in the possession of the agency that 
        is releasable pursuant to an appropriate request under that 
        section is made available to members of the public.
    ``(b) Voluntary Release of Unclassified Information Not 
Prohibited.--Nothing in this section prevents or discourages 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 known as the `Freedom of 
Information Act').'';
            (3) in subsection (c) (as redesignated by paragraph (1))--
                    (A) in the subsection heading, by striking ``In 
                General'' and inserting ``Disclosure of Certain 
                Information'';
                    (B) by striking ``subsection (b)'' and inserting 
                ``subsection (d)'';
                    (C) by redesignating paragraphs (3) and (4) as 
                paragraphs (4) and (5), respectively;
                    (D) by inserting after paragraph (2) the following:
            ``(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 1 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 350.19 
        of title 40, Code of Federal Regulations (or any successor 
        regulation);''; and
                    (E) in paragraph (4) (as redesignated by 
                subparagraph (B)), by striking ``an unreasonable risk 
                of injury'' and inserting ``an imminent and substantial 
                endangerment'';
            (4) in subsection (d) (as redesignated by paragraph (1))--
                    (A) in the subsection heading, by striking ``Data 
                From Health and Safety Studies'' and inserting 
                ``Information Not Eligible for Protection'';
                    (B) by striking paragraph (1) and inserting the 
                following:
            ``(1) Ineligible information.--
                    ``(A) In general.--The following types of 
                information shall not be eligible for protection under 
                this section, and the Administrator shall not approve a 
                request to treat information of the following types as 
                confidential under this section:
                            ``(i) The identity of a chemical substance, 
                        except as provided in section 5.
                            ``(ii) Any safety standard determination 
                        developed under section 6, including supporting 
                        information developed by the Administrator.
                            ``(iii) Any health and safety study that is 
                        submitted under this Act with respect to--
                                    ``(I) any chemical substance or 
                                mixture--
                                            ``(aa) which, on the date 
                                        on which the study is to be 
                                        disclosed has been offered for 
                                        commercial distribution; or
                                            ``(bb) for which testing is 
                                        required under section 4 or for 
                                        which notification is required 
                                        under section 5; 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 item 
                                (aa) or (bb) of subclause (I).
                            ``(iv) Any information indicating the 
                        presence of a chemical substance in a consumer 
                        article intended for use or reasonably expected 
                        to be used by children or to which children can 
                        otherwise be reasonably expected to be exposed.
                    ``(B) Prohibition.--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 ``item (aa) or 
                        (bb) of paragraph (1)(A)(iii)''; and
                            (ii) by striking ``in the second sentence 
                        of such paragraph'' and inserting ``in 
                        paragraph (1)(B)'';
            (5) in subsection (e) (as redesignated by paragraph (1))--
                    (A) by striking paragraph (1) and inserting the 
                following:
            ``(1) Duties of manufacturers and processors.--
                    ``(A) In general.--In submitting data under this 
                Act, a manufacturer, processor, or distributor in 
                commerce may--
                            ``(i) designate the data which the 
                        manufacturer, processor, or distributor 
                        believes is entitled to confidential treatment 
                        under subsection (a); and
                            ``(ii) submit the designated data 
                        separately from other data submitted under this 
                        Act.
                    ``(B) Requirements.--A designation under this 
                paragraph shall be made in writing and in such manner 
                as the Administrator may prescribe, and shall include--
                            ``(i) justification for each claim for 
                        confidentiality;
                            ``(ii) a certification that the information 
                        is not otherwise publicly available; and
                            ``(iii) separate copies of all submitted 
                        information, with 1 copy containing and 1 copy 
                        excluding the information to which the request 
                        applies.'';
                    (B) by redesignating paragraph (2) as paragraph 
                (3);
                    (C) by inserting after paragraph (1) the following:
            ``(2) Duties of the administrator.--
                    ``(A) In general.--The Administrator shall--
                            ``(i)(I) not later than 1 year after the 
                        date of enactment of the Safe Chemicals Act of 
                        2011, by order develop and make publicly 
                        available standards that specify--
                                    ``(aa) the acceptable bases on 
                                which written requests to maintain 
                                confidentiality of information may be 
                                approved, which shall be no more 
                                restrictive of public disclosure than 
                                section 552 of title 5, United States 
                                Code; and
                                    ``(bb) the documentation that must 
                                accompany those requests; and
                            ``(II) not later than 1 year after the date 
                        of enactment of the Safe Chemicals Act of 2011, 
                        identify by rule those types of information for 
                        which the Administrator shall not prospectively 
                        specify the term of confidentiality pursuant to 
                        this subparagraph;
                            ``(ii) not later than 90 days after the 
                        date of receipt of information designated under 
                        paragraph (1), review all requests to maintain 
                        confidentiality of the submitted information 
                        and decide whether to approve or deny each 
                        request based on whether the request and 
                        accompanying documentation comply with the 
                        standards that are developed under clause (i) 
                        (except that if a request for the information 
                        is received under section 552 of title 5, 
                        United States Code, before the 90-day review 
                        and decision period has elapsed, the disclosure 
                        requirements, procedures, and judicial review 
                        provisions under that section shall apply);
                            ``(iii) in the event such a request is 
                        denied, make the information available to the 
                        public in accordance with section 8(d)(2); and
                            ``(iv) if such a request is approved, 
                        specify a time period of not greater than 5 
                        years for which the submitted information shall 
                        be kept confidential, except with respect to 
                        claims subject to a rule issued pursuant to 
                        clause (i)(II).
                    ``(B) Authority of administrator.--Subparagraph (A) 
                does not limit the authority of the Administrator to 
                determine that particular information, previously 
                considered entitled to confidential treatment, is no 
                longer entitled to such treatment.''; and
                    (D) in paragraph (3) (as redesignated by 
                subparagraph (B))--
                            (i) in subparagraph (A)--
                                    (I) in the first sentence, by 
                                striking ``paragraph (1)(A)'' and 
                                inserting ``paragraph (1) and approved 
                                by the Administrator under paragraph 
                                (2)(A)(ii)''; and
                                    (II) by striking the last sentence 
                                and inserting ``The Administrator shall 
                                release the information in accordance 
                                with the disclosure and procedural 
                                requirements of section 552 of title 5, 
                                United States Code.'';
                            (ii) in subparagraph (B)(i)--
                                    (I) in the first sentence--
                                            (aa) by striking ``or (4)'' 
                                        and inserting ``(4), or (5)'';
                                            (bb) by striking 
                                        ``subsection (a)'' each place 
                                        it appears and inserting 
                                        ``subsection (c)''; and
                                            (cc) by striking 
                                        ``paragraph (3)'' and inserting 
                                        ``paragraph (4)''; and
                                    (II) in the second sentence, by 
                                striking ``except that'' and all that 
                                follows through ``such release is 
                                made'' and inserting ``except if the 
                                Administrator determines that the 
                                release of such data is necessary to 
                                protect against an imminent and 
                                substantial endangerment to health or 
                                the environment then no notice is 
                                required.''; and
                            (iii) in subparagraph (B)(ii), by striking 
                        ``(b)(1)'' and inserting ``(d)(1)(A)(iii)'';
            (6) in subsection (f) (as redesignated by paragraph (1)), 
        by striking ``subsection (a)'' and inserting ``subsection 
        (c)''; and
            (7) by adding at the end the following:
    ``(h) Risk Information for Workers.--The Administrator shall 
provide standards for, and facilitate the sharing of, chemical 
identity, safety standard determination, and health and safety data 
described in subsection (d) that pertains to chemical substances or 
mixtures, or articles containing chemical substances, that workers may 
come into contact with or otherwise be exposed to during the course of 
work, to and with those workers and representatives of each certified 
or recognized bargaining agent representing those employees.''.

SEC. 15. PROHIBITED ACTS.

    Section 15 of the Toxic Substances Control Act (15 U.S.C. 2614) is 
amended--
            (1) by striking paragraph (1) and inserting the following:
            ``(1) fail or refuse to comply with any rule, order, 
        prohibition, restriction, or other requirement imposed by this 
        Act or by the Administrator under this Act;'';
            (2) in paragraph (2)--
                    (A) by striking ``use'' and inserting 
                ``manufacture, process, distribute in commerce, use, or 
                dispose of'';
                    (B) by striking ``or mixture'' and inserting ``, 
                mixture, or article''; and
                    (C) by striking ``section 5 or 6, a rule or order 
                under section 5 or 6, or an order issued in action 
                brought under section 5 or 7'' and inserting ``any 
                rule, order, prohibition, restriction, or other 
                requirement imposed by this Act or by the Administrator 
                under this Act'';
            (3) in paragraph (3)--
                    (A) in subparagraph (A), by inserting ``accurate 
                and complete'' after ``maintain'';
                    (B) in subparagraph (B)--
                            (i) by inserting ``or make accurate and 
                        complete'' after ``submit''; and
                            (ii) by inserting ``information 
                        submissions, disclosures, declarations, 
                        certifications,'' after ``notices,''; and
                    (C) in subparagraph (C), by striking ``or'' after 
                the semicolon;
            (4) in paragraph (4), by striking the period at the end and 
        inserting a semicolon; and
            (5) by adding at the end the following:
            ``(5) make or submit a statement, declaration, disclosure, 
        certification, writing, data set, or 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; or
            ``(6) take any action prohibited by 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) in the first sentence--
                                    (I) by inserting ``this Act or a 
                                rule or order promulgated or issued 
                                pursuant to this Act, as described in'' 
                                after ``a provision of''; and
                                    (II) by striking ``$25,000'' and 
                                inserting ``$37,500''; and
                            (ii) in the second sentence, 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:
            ``(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 that paragraph.'';
                    (D) in subparagraph (A) of paragraph (3) (as 
                redesignated by subparagraph (B))--
                            (i) in the first sentence, by inserting 
                        ``this Act, as described in'' before ``section 
                        15 or 409''; and
                            (ii) in the last sentence, by striking 
                        ``within 15 days of'' and inserting ``not later 
                        than 15 days after'';
                    (E) in the first sentence of paragraph (4) (as 
                redesignated by subparagraph (B))--
                            (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)), by striking ``paragraph (3)'' each 
                place it appears and inserting ``paragraph (4)''; and
            (2) in subsection (b)--
                    (A) by striking ``Any person'' and inserting the 
                following:
            ``(1) In general.--Any person'';
                    (B) by striking ``or willfully'';
                    (C) by inserting ``this Act, as described in'' 
                after ``any provision of'';
                    (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:
            ``(2) Imminent danger of death or serious bodily injury.--
                    ``(A) In general.--Any individual who knowingly 
                violates any provision of this Act and who knows at the 
                time that the violation places another person in 
                imminent danger of death or serious bodily injury shall 
                upon conviction be subject to a fine of not more than 
                $250,000, or imprisonment of not more than 15 years, or 
                both.
                    ``(B) Other persons.--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) by striking ``(1) The district courts'' 
                        and all that follows through the end of 
                        subparagraph (C) and inserting the following:
            ``(1) Authority of the administrator.--
                    ``(A) In general.--The Administrator may commence a 
                civil action in the appropriate United States district 
                court to compel compliance of any person with any 
                provision of this Act or any rule or order promulgated 
                pursuant to this Act.
                    ``(B) Enforcement.--The authority of the 
                Administrator to enforce this Act includes the 
                authority--
                            ``(i) to seek civil or criminal penalties 
                        under section 16 for any violation of this Act, 
                        as described in sections 15 and 409;
                            ``(ii) to enjoin any violation of this Act, 
                        or of a rule or order promulgated or issued 
                        under this Act, as described in sections 15 and 
                        409;
                            ``(iii) to order the compliance of any 
                        person with any provision of this Act, or with 
                        any rule or order promulgated or issued under 
                        this Act, through an administrative proceeding 
                        (which may proceed concurrently with action 
                        under this section), in which the Administrator 
                        may levy penalties under section 16; and''; and
                            (ii) in subparagraph (D)--
                                    (I) by redesignating clause (i) 
                                through (iii) as subclauses (I) through 
                                (III), respectively, and indenting 
                                appropriately;
                                    (II) by striking ``(D) direct any 
                                manufacturer'' and inserting the 
                                following:
                            ``(iv) to order any manufacturer'';
                                    (III) by striking ``product subject 
                                to title IV'' and inserting ``article 
                                subject to this Act'';
                                    (IV) by striking ``product'' each 
                                place it appears and inserting 
                                ``article'';
                                    (V) by striking ``of section 5, 6, 
                                or title IV'' and inserting ``this 
                                Act''; and
                                    (VI) by striking ``under section 5, 
                                6, or title IV'' and inserting 
                                ``promulgated and issued under this 
                                Act, as described in section 15 or 
                                409,'';
                    (B) in paragraph (2)--
                            (i) by striking ``(2) A civil action'' and 
                        all that follows through ``described in 
                        subparagraph (A) of such paragraph'' in 
                        subparagraph (A) and inserting the following:
            ``(2) Civil actions.--
                    ``(A) In general.--The district courts of the 
                United States shall have jurisdiction over a civil 
                action described in paragraph (1).
                    ``(B) Requirements.--A civil action described in 
                paragraph (1) may be brought--
                            ``(i) in the case of a civil action 
                        described in subparagraphs (A) and (B) of 
                        paragraph (1)'';
                            (ii) in clause (i) (as so designated), by 
                        striking ``of section 15'' and inserting ``of 
                        this Act, as described in section 15 or 409'';
                            (iii) by redesignating subparagraph (B) as 
                        clause (ii) and indenting appropriately; and
                            (iv) in clause (ii) (as so designated), by 
                        striking ``such paragraph'' and inserting 
                        ``paragraph (1)''; and
                    (C) in the undesignated matter following paragraph 
                (2), by striking ``In any'' and inserting the 
                following:
            ``(3) Serving of process and subpoenas.--In any''; and
            (2) in the first sentence of subsection (b)--
                    (A) by striking ``title IV'' and inserting ``this 
                Act'';
                    (B) by striking ``product'' the first place it 
                appears and inserting ``article''; and
                    (C) by striking ``product,'' both places it 
                appears.

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 a political 
subdivision of a State 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 regulation, 
requirement, or standard of performance is impossible, in which case 
the applicable provisions of this Act shall control.''.

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) in subparagraph (A), by striking 
                        ``(1)(A) Not later'' and all that follows 
                        through ``under title II or IV,'' and inserting 
                        the following:
            ``(1) Judicial review.--Not later than 60 days after the 
        date of the promulgation or issuance of a rule under of this 
        Act,'';
                            (iii) by inserting ``or order'' after 
                        ``rule'' each place it appears; and
                            (iv) in the second sentence, by striking 
                        ``(other than in an enforcement proceeding)'';
                    (B) in paragraph (2)--
                            (i) in the first sentence, by striking 
                        ``paragraph (1)(A)'' and inserting ``paragraph 
                        (1)''; and
                            (ii) in the second sentence, 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), by striking paragraph (1) and 
        inserting the following:
            ``(1) In general.--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 the rule or order in accordance 
                with that chapter.''.

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), by striking ``under section 
                4, 5, or 6, or title II or IV, or order issued under 
                section 5 or title II or IV to restrain such 
                violation,'' and inserting ``or order issued under this 
                Act;''; and
                    (B) in the third sentence of the undesignated 
                language 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 described in this Act, 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 the first sentence of 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 the first sentence of subparagraph 
                        (A), by striking ``a rulemaking proceeding'' 
                        and inserting ``proceedings authorized under 
                        this Act''; and
                            (ii) in subparagraph (B)--
                                    (I) in the matter preceding clause 
                                (i)--
                                            (aa) in the first sentence, 
                                        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 ``proceedings 
                                        authorized under this Act''; 
                                        and
                                            (bb) by inserting 
                                        ``Notwithstanding the preceding 
                                        sentence, in the case of a 
                                        petition to delist a chemical 
                                        substance under section 6(a), 
                                        the delisting may not proceed 
                                        except as authorized under that 
                                        subsection.'' after the first 
                                        sentence;
                                    (II) in clause (i)--
                                            (aa) in the matter 
                                        preceding subclause (I), by 
                                        striking ``in the case of a 
                                        petition to initiate a 
                                        proceeding for the issuance of 
                                        a rule under section 4 or an 
                                        order under section 5(e)'' and 
                                        inserting ``except as provided 
                                        in clause (ii), in the case of 
                                        a petition to initiate a 
                                        proceeding for the issuance of 
                                        a rule or an order under this 
                                        Act''; and
                                            (bb) in subclause (II), by 
                                        striking ``an unreasonable risk 
                                        to'' and inserting 
                                        ``substantial endangerment''; 
                                        and
                                    (III) in clause (ii)--
                                            (aa) by striking ``issuance 
                                        of a rule under section 6 or 8 
                                        or an order under section 
                                        6(b)(2)'' and inserting 
                                        ``imposition or issuance of a 
                                        restriction, use condition, or 
                                        order under this chapter'';
                                            (bb) by striking ``an 
                                        unreasonable risk of injury'' 
                                        and inserting ``a substantial 
                                        endangerment''; and
                                            (cc) by striking the period 
                                        at the end and inserting a 
                                        semicolon.

SEC. 22. EMPLOYMENT EFFECTS.

    Section 24 of the Toxic Substances Control Act (15 U.S.C. 2623) is 
amended--
            (1) in subsection (a), in the matter preceding paragraph 
        (1)--
                    (A) by striking ``continuing'' and inserting 
                ``periodic''; and
                    (B) by striking ``plant closures)'' and all that 
                follows through the end of paragraph (2) and inserting 
                ``plant closures) of the implementation of this Act.'';
            (2) in subsection (b)--
                    (A) in paragraph (1), in the undesignated language 
                following subparagraph (B), 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)(ii), by striking 
                        ``by order issued'' and inserting ``in 
                        writing,''; and
                            (ii) in subparagraph (B)--
                                    (I) in clause (i), by striking the 
                                comma after ``such request'' and 
                                inserting ``; and'';
                                    (II) by striking clause (ii); and
                                    (III) by redesignating clause (iii) 
                                as clause (ii); and
                    (C) by striking paragraph (4); and
            (3) by adding at the end the following:
    ``(c) Effect.--Nothing in this section--
            ``(1) requires the Administrator to amend or repeal any 
        rule or order in effect under this Act; or
            ``(2) conditions the authority of the Administrator to 
        issue orders or promulgate rules under this Act.''.

SEC. 23. ADMINISTRATION OF THE TOXIC SUBSTANCES CONTROL ACT.

    Section 26 of the Toxic Substances Control Act (15 U.S.C. 2625) is 
amended--
            (1) by striking subsection (b) and inserting the following:
    ``(b) Fees.--
            ``(1) In general.--The Administrator may, by rule, require 
        the payment of a reasonable fee from any person required to 
        submit data to defray the cost of administering this Act.
            ``(2) Considerations.--In setting a fee under this 
        subsection, the Administrator shall take into account--
                    ``(A) the ability to pay of the person required to 
                submit the data; and
                    ``(B) the cost to the Administrator of reviewing 
                the data.
            ``(3) Fee sharing.--Rules described in paragraph (1) may 
        provide for sharing a fee in any case in which the expenses of 
        testing are shared under this Act.'';
            (2) in subsection (c)--
                    (A) in the subsection heading, by adding ``and 
                Mixtures'' after ``Categories''; and
                    (B) by adding at the end the following:
            ``(3) Mixtures.--Any action authorized or required to be 
        taken by the Administrator or any other person under any 
        provision of this Act with respect to a chemical substance is 
        likewise also authorized or required with respect to a mixture, 
        if the Administrator determines that such extension is 
        reasonable and efficient.''; and
            (3) by adding at the end the following:
    ``(h) Rulemaking or Orders.--In carrying out this Act, the 
Administrator may issue such orders and prescribe such regulations as 
are necessary to carry out this Act.''.

SEC. 24. STATE PROGRAMS.

    Section 28 of the Toxic Substances Control Act (15 U.S.C. 2627) is 
amended--
            (1) in the first sentence of subsection (a)--
                    (A) by striking ``unreasonable''; and
                    (B) by striking ``is unable or is not likely to 
                take'' and inserting ``has not taken'';
            (2) by redesignating subsections (b), (c), and (d) as 
        subsections (c), (d), and (e), respectively;
            (3) by inserting after subsection (a) the following:
    ``(b) Coordination.--The Administrator shall establish a process to 
coordinate with States, on an on-going basis, to share data and 
priorities relating to the management of chemical substances under this 
title and under programs operated by States, in accordance with section 
14.''; and
            (4) in subsection (c)(2) (as redesignated by paragraph 
        (2)), by striking ``including cancer, birth defects, and gene 
        mutations,''.

SEC. 25. AUTHORIZATION OF APPROPRIATIONS.

    Title I of the Toxic Substances Control Act (15 U.S.C. 2601 et 
seq.) is amended--
            (1) by redesignating section 29 (15 U.S.C. 2628) as section 
        39;
            (2) by redesignating section 30 (15 U.S.C. 2629) as section 
        38;
            (3) by striking section 31 (Public Law 94-469; 100 Stat. 
        2989); and
            (4) by amending section 39 (as redesignated by paragraph 
        (1)) to read as follows:

``SEC. 39. AUTHORIZATION OF APPROPRIATIONS.

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

SEC. 26. ADDITIONAL REQUIREMENTS.

    (a) Restrictions on Certain Chemical Substances.--The Toxic 
Substances Control Act is amended by inserting after section 28 (15 
U.S.C. 2627) the following:

``SEC. 29. CHILDREN'S ENVIRONMENTAL HEALTH RESEARCH PROGRAM.

    ``(a) Children's Environmental Health Research Program.--
            ``(1) Establishment.--Not later than 90 days after the date 
        of enactment of the Safe Chemicals Act of 2011, the 
        Administrator shall establish within the Environmental 
        Protection Agency a program to be known as the `Children's 
        Environmental Health Research Program' (referred to in this 
        subsection as the `Program').
            ``(2) Purpose.--Subject to amounts made available in 
        advance in appropriations Acts, the Administrator may enter 
        into contracts and make grants under the Program to further 
        understanding of the vulnerability of children to chemical 
        substances and mixtures.
            ``(3) Consultation.--Contracts and grants under this 
        section shall be provided in consultation with the Interagency 
        Science Advisory Board on Children's Health Research 
        established under subsection (b)(1).
    ``(b) Interagency Science Advisory Board on Children's Health 
Research.--
            ``(1) Establishment.--Not later than 90 days after the date 
        of enactment of the Safe Chemicals Act of 2011, the 
        Administrator shall establish an advisory board to be known as 
        the `Interagency Science Advisory Board on Children's Health 
        Research' (referred to in this subsection as the `Board').
            ``(2) Purpose.--The purpose of the Board shall be to 
        provide independent advice, expert consultation, and peer 
        review, on request of the Administrator or Congress, with 
        respect to the scientific and technical aspects of issues 
        relating to the implementation of this title with respect to 
        research on protecting children's health.
            ``(3) Composition.--The Administrator shall--
                    ``(A) appoint the members of the Board, including, 
                at a minimum, representatives 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 EPA-Tribal Science 
                        Council; and
                            ``(vi) not fewer than 3 centers of 
                        children's health at leading institutions of 
                        higher education;
                    ``(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 no individual appointed to serve 
                on the Board has a conflict of interest that is 
                relevant to the functions performed by the Board, 
                unless--
                            ``(i) the individual promptly and publicly 
                        discloses the conflict; and
                            ``(ii) the Administrator determines that 
                        the conflict is unavoidable.
            ``(4) Applicable law.--The Board shall be subject to 
        subchapter II of chapter 5, and chapter 7, of title 5, United 
        States Code (commonly known as the `Administrative Procedure 
        Act').
    ``(c) Prenatal and Infant Exposures.--
            ``(1) Monitoring.--If, through studies performed under 
        subsection (a) or section 4 or in any other available research, 
        the Administrator identifies a chemical substance that may be 
        present in human biological media that may have adverse effects 
        on early childhood development, the Administrator shall 
        coordinate with the Secretary of Health and Human Services to 
        conduct, not later than 2 years after the date on which the 
        Administrator identifies the chemical substance, a 
        biomonitoring study to determine the presence of the chemical 
        substance in human biological media in, at a minimum, pregnant 
        women and infants.
            ``(2) Publication.--On completion of any study conducted 
        under paragraph (1), the Secretary of Health and Human Services 
        shall--
                    ``(A) notify the Administrator of the results of 
                the study; and
                    ``(B) publish the results of the study in a 
                publicly available electronic format.
            ``(3) Positive results.--
                    ``(A) Manufacture disclosure.--If a chemical 
                substance or mixture is determined to be present in a 
                study conducted under paragraph (1), the manufacturers 
                and processors of the chemical substance or mixture 
                shall, not later than 180 days after the date of 
                publication of the 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) made available by the Administrator 
                        in electronic format; 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. 30. REDUCTION OF ANIMAL-BASED TESTING.

    ``(a) Administration.--The Administrator shall take action to 
minimize the use of animals in testing of chemical substances or 
mixtures, including--
            ``(1) encouraging and facilitating, to the maximum extent 
        practicable--
                    ``(A) the use of existing data of sufficient 
                scientific quality;
                    ``(B) the use of test methods that eliminate or 
                reduce the use of animals while providing data of high 
                scientific quality;
                    ``(C) the grouping of 2 or more chemical substances 
                into scientifically appropriate categories in cases in 
                which testing of 1 chemical substance would provide 
                reliable and useful data on others in the category;
                    ``(D) the formation of industry consortia to 
                jointly conduct testing to avoid unnecessary 
                duplication of tests; and
                    ``(E) the parallel submission of data from animal-
                based studies and from emerging methods and models; and
            ``(2) funding research and validation studies to reduce, 
        refine, and replace the use of animal tests in accordance with 
        this subsection.
    ``(b) Interagency Science Advisory Board on Alternative Testing 
Methods.--
            ``(1) Establishment.--Not later than 90 days after the date 
        of enactment of the Safe Chemicals Act of 2011, the 
        Administrator shall establish an advisory board to be known as 
        the `Interagency Science Advisory Board on Alternative Testing 
        Methods' (referred to in this subsection and subsection (c) as 
        the `Board').
            ``(2) Composition.--The Administrator shall--
                    ``(A) appoint the members of the Board, including, 
                at a minimum, representatives 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; and
                            ``(v) the National EPA-Tribal Science 
                        Council; and
                    ``(B) ensure that no individual appointed to serve 
                on the Board has a conflict of interest that is 
                relevant to the functions to be performed, unless--
                            ``(i) the individual promptly and publicly 
                        discloses the conflict; and
                            ``(ii) the Administrator determines that 
                        the conflict is unavoidable.
            ``(3) Purpose.--The purpose of the Board shall be to 
        provide independent advice and peer review to Congress and the 
        Administrator on the scientific and technical aspects of issues 
        relating to the implementation of this title with respect to 
        minimizing the use of animals in testing chemical substances or 
        mixtures.
            ``(4) Applicable law.--The Board shall be subject to 
        subchapter II of chapter 5, and chapter 7, of title 5, United 
        States Code (commonly known as the `Administrative Procedure 
        Act').
            ``(5) Report.--Not later than 1 year after the date of 
        enactment of the Safe Chemicals Act of 2011, and every 3 years 
        thereafter, the Administrator, in consultation with the Board, 
        shall publish in the Federal Register a list of testing methods 
        that reduce the use of animals in testing under section 4.
    ``(c) Implementation of Alternative Testing Methods.--To promote 
the development and timely incorporation of new testing methods that 
are not animal-based, the Administrator shall--
            ``(1) in consultation with the Board, and after providing 
        an opportunity for public comment, develop 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;
            ``(2) beginning on the date that is 2 years after the date 
        of enactment of the Safe Chemicals Act of 2011 and every 2 
        years thereafter, submit to Congress a report that describes 
        the progress made in implementing this section; and
            ``(3) fund and carry out research, development, performance 
        assessment, and translational studies to accelerate the 
        development of test methods and testing strategies that are not 
        animal-based for use in safety standard determinations under 
        section 6(b).
    ``(d) Criteria for Adapting or Waiving Animal Testing 
Requirements.--On 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 the 
animal testing requirement if the Administrator determines that--
            ``(1) there is a sufficient weight of evidence from several 
        independent sources of information to support a conclusion that 
        a chemical substance or mixture has, or does not have, a 
        particular property, in any case in which the information from 
        each individual source alone is regarded as insufficient to 
        support the conclusion;
            ``(2) because of 1 or more physical or chemical properties 
        of the chemical substance or mixture, testing for a specific 
        endpoint is technically not practicable to conduct; or
            ``(3) a chemical substance or mixture cannot be tested in 
        animals at concentrations that do not result in significant 
        pain or distress, because of physical or chemical properties of 
        the chemical substance or mixture, such as potential to cause 
        severe corrosion or severe irritation to tissues.

``SEC. 31. SAFER ALTERNATIVES AND GREEN CHEMISTRY AND ENGINEERING.

    ``(a) Safer Alternatives Program.--
            ``(1) In general.--Not later than 1 year after the date of 
        enactment of the Safe Chemicals Act of 2011, the Administrator 
        shall establish a program to create market incentives for the 
        development of safer alternatives to existing chemical 
        substances that reduce or avoid the use and generation of 
        hazardous substances.
            ``(2) Requirements.--The program established under 
        paragraph (1) shall include--
                    ``(A) expedited review of new chemical substances 
                for which the manufacturer or processor submits an 
                alternatives analysis indicating that the new chemical 
                substance is the safer alternative for a particular use 
                than existing chemical substances used for the same 
                purpose;
                    ``(B) recognition for a chemical substance or 
                product determined by the Administrator to be a safer 
                alternative for a particular use by means of a special 
                designation intended for use in marketing the safer 
                alternative, and periodic public awards or rewards; and
                    ``(C) such other incentives, as the Administrator 
                considers to be appropriate to encourage the 
                development, marketing, and use of chemical substances 
                or products determined by the Administrator to be safer 
                alternatives for the particular uses, such as job 
                training and worker assistance.
    ``(b) Green Chemistry Research Network.--The Administrator shall 
establish a network of not less than 4 green chemistry and engineering 
centers, located in various regions of the United States, to support 
the development and adoption of safer alternatives to chemical 
substances, particularly chemical substances listed under section 6(a).
    ``(c) Green Chemistry and Engineering Research Grants.--The 
Administrator shall make grants to promote and support the research, 
development, and adoption of safer alternatives to hazardous 
substances.
    ``(d) Green Chemistry Workforce Education and Training Program.--
            ``(1) In general.--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.
            ``(2) Goals.--The goals of the program established under 
        paragraph (1) are to provide workforce training on skills that 
        would--
                    ``(A) facilitate the expansion of green chemistry;
                    ``(B) develop scientific and technical leadership 
                in green chemistry;
                    ``(C) facilitate the successful and safe 
                integration of green chemistry into infrastructure 
                projects;
                    ``(D) inform and engage communities about green 
                chemistry; and
                    ``(E) promote innovation and strong public health 
                and environmental protections.
            ``(3) Implementation.--The Administrator shall implement 
        the program to achieve the goals of this Act, including by--
                    ``(A) helping to develop a broad range of skills 
                relevant to the production and use of the safer 
                alternatives, including the design, manufacturing, use, 
                and disposal of the alternatives;
                    ``(B) offering to develop partnerships with 
                educational institutions, training organizations, 
                private sector companies, and community organizations; 
                and
                    ``(C) providing grants to States, units of local 
                government, and the partnerships developed under 
                subparagraph (B) to promote and support activities 
                consistent with achieving the goals of the program 
                established under this subsection.

``SEC. 32. COOPERATION WITH INTERNATIONAL EFFORTS.

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

``SEC. 33. RELIABLE INFORMATION AND ADVICE.

    ``Not later than 18 months after the date of enactment of the Safe 
Chemicals Act of 2011, the Administrator shall, by order, establish and 
implement procedures to ensure data reliability including, at a 
minimum, requirements that the Administrator--
            ``(1) not less than annually randomly inspect laboratories 
        that develop the data required under this title on the various 
        properties and characteristics of a chemical substance;
            ``(2) annually perform a comprehensive data audit on a 
        subset, as chosen by the Administrator, of the data submissions 
        under this title;
            ``(3) establish and maintain a registry of all health- and 
        safety-related studies initiated in response to requirements 
        under this title;
            ``(4) have access to all records of health- and safety-
        related studies initiated in response to requirements under 
        this title; and
            ``(5) require the submitter of any research study conducted 
        by a third party in response to requirements under this title 
        to 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. 34. HOT SPOTS.

    ``(a) Definitions.--In this section:
            ``(1) Disproportionate exposure.--The term 
        `disproportionate exposure' means residential population 
        exposure to 1 or more toxic chemical substances or mixtures at 
        levels that are significantly greater than the average exposure 
        in the United States, as defined and identified by the 
        Administrator in accordance with the criteria established under 
        subsection (b).
            ``(2) Locality.--The term `locality' means any geographical 
        area (including a county, city, town, neighborhood, census 
        tract, zip code area, or other commonly understood political or 
        geographical subdivision) in which the Administrator identifies 
        disproportionate exposure.
    ``(b) Criteria.--Not later than 180 days after the date of 
enactment of the Safe Chemicals Act of 2011, the Administrator shall 
promulgate a rule to establish criteria consistent with this section 
that--
            ``(1) defines disproportionate exposure; and
            ``(2) identifies any locality that is disproportionately 
        exposed.
    ``(c) Identification.--
            ``(1) In general.--Not later than 120 days after the date 
        on which the rule is promulgated under subsection (b), the 
        Administrator shall identify localities in the United States 
        that are 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 under--
                            ``(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.); and
                            ``(iv) the Emergency Planning and Community 
                        Right-to-Know Act of 1986 (42 U.S.C. 11001 et 
                        seq.).
            ``(3) Public participation.--The Administrator shall 
        provide an opportunity for members of the public to nominate 
        localities in which disproportionate exposure may be found for 
        inclusion in the identification of localities under paragraph 
        (1).
    ``(d) Locality List.--
            ``(1) In general.--Not later than 180 days after completing 
        the identification of localities under subsection (c)(1), the 
        Administrator, after notice and consultation with applicable 
        State, local, county health, and environmental officials, 
        State, local, and county legislators, and other elected 
        officials, shall--
                    ``(A) publish a list of the localities subject to 
                disproportionate exposure identified under that 
                subsection in the Federal Register; and
                    ``(B) make the list published under subparagraph 
                (A) available electronically.
            ``(2) Updated list.--
                    ``(A) In general.--Subject to subparagraph (B), not 
                later than 5 years after the date on which the list is 
                published under paragraph (1)(A), and at least once 
                every 5 years thereafter, the Administrator shall 
                update and republish the list.
                    ``(B) Discretionary updates.--The Administrator may 
                update and republish the list under paragraph (1) more 
                frequently than every 5 years--
                            ``(i) to add new localities that meet the 
                        criteria established under subsection (b); or
                            ``(ii) to remove localities, if the 
                        Administrator determines that the exposure 
                        reduction has been achieved and no further 
                        action is needed after actions are taken under 
                        subsection (f).
                    ``(C) Notification.--The Administrator shall notify 
                all applicable State, local, county health, and 
                environmental officials, State, local, and county 
                legislators, and other elected officials of the updated 
                listing.
    ``(e) No Judicial Review; Nondiscretionary Duty.--
            ``(1) No judicial review.--The following actions under this 
        section shall not be subject to judicial review:
                    ``(A) A decision to include on the list published 
                under subsection (d)(1) a locality identified under 
                subsection (c)(1).
                    ``(B) A decision in response to nominations 
                submitted under subsection (c)(3).
                    ``(C) A decision to list localities under 
                subsection (d)(1) or update the list under subsection 
                (d)(2).
            ``(2) Nondiscretionary duty.--Notwithstanding paragraph 
        (1), the failure of the Administrator to publish or update the 
        list of localities in accordance with this section shall be--
                    ``(A) considered to be a failure to perform a 
                nondiscretionary duty; and
                    ``(B) subject to judicial review.
    ``(f) Action Plans.--
            ``(1) In general.--Not later than 1 year after the date on 
        which the list is published or updated under subsection (d), 
        the Administrator shall develop and publish, for each locality 
        identified on the list, an action plan that includes--
                    ``(A) an identification of the chemical substances 
                and mixtures that contribute to the disproportionate 
                exposure (including exposure levels, sources, and 
                pathways); and
                    ``(B) a description of actions planned by the 
                Administrator to reduce disproportionate exposure in 
                the locality.
            ``(2) Goals.--The goal of each action plan under this 
        subsection shall be to reduce disproportionate exposure in the 
        locality by establishing--
                    ``(A) a percentage exposure reduction goal for each 
                chemical substance and mixture; and
                    ``(B) a timeline to achieve the percentage exposure 
                reduction goal.
    ``(g) Report to Congress.--The Administrator shall--
            ``(1) submit to Congress an annual report that identifies--
                    ``(A) each locality added to the list in the prior 
                year under subsection (d);
                    ``(B) each action plan developed in the prior year 
                under subsection (f); and
                    ``(C) the progress on each action plan to date; and
            ``(2) make the report available to the public in electronic 
        format.

``SEC. 35. 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 of a Federal 
agency, shall be subject to, and comply with, all applicable 
requirements of this Act described in subsection (b), both substantive 
and procedural, in the same manner, and to the same extent, as any 
person subject to the requirements.
    ``(b) Description of Requirements.--The substantive and procedural 
requirements referred to in this subsection include--
            ``(1) any administrative order;
            ``(2) any civil or administrative penalty or fine, 
        regardless of whether the penalty or fine is--
                    ``(A) punitive or coercive in nature; or
                    ``(B) imposed for isolated, intermittent, or 
                continuing violations;
            ``(3) any requirement for reporting;
            ``(4) any provision for injunctive relief and sanctions 
        that may be imposed by a court to enforce such relief; and
            ``(5) payment of reasonable service charges.
    ``(c) Waiver of Immunity.--The United States expressly waives any 
immunity otherwise applicable to the United States with respect to any 
substantive or procedural requirement referred to under subsection (a).
    ``(d) Civil Penalties.--No agent, employee, or officer of the 
United States shall be personally liable for any civil penalty under 
this title with respect to any act or omission within the scope of the 
official duties of the agent, employee, or officer.
    ``(e) 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 department, agency, or 
instrumentality of the executive, legislative, or judicial branch of 
the Federal Government shall be subject to such sanction.
    ``(f) 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--
                    ``(A) the President has specifically requested the 
                appropriation as a part of the budgetary process; and
                    ``(B) Congress has failed to make the requested 
                appropriation available.
            ``(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, if the President makes a subsequent 
        determination that the exemption is in the paramount interest 
        of the United States.
            ``(4) Report.--Each January after the date of enactment of 
        this section, the President shall submit to Congress a report 
        that describes--
                    ``(A) all exemptions granted under this subsection 
                during the preceding calendar year; and
                    ``(B) the reason for granting each exemption.
    ``(g) Administrative Enforcement Actions.--
            ``(1) In general.--The Administrator may initiate an 
        administrative enforcement action against any Federal agency--
                    ``(A) in accordance with the enforcement 
                authorities of this Act; and
                    ``(B) in the same manner and under the same 
                circumstances as an action would be initiated against 
                another person.
            ``(2) Settlement.--Any voluntary resolution or settlement 
        of an administrative enforcement action initiated under this 
        subsection shall be set forth in a consent order.
            ``(3) Finality of administrative order.--No administrative 
        order issued to a Federal department, agency, or 
        instrumentality under this subsection shall become final until 
        the Federal department, agency, or instrumentality has had the 
        opportunity to confer with the Administrator.

``SEC. 36. IMPLEMENTATION OF STOCKHOLM CONVENTION, THE LRTAP POPS 
              PROTOCOL, AND THE ROTTERDAM CONVENTION.

    ``(a) Definitions.--In this section:
            ``(1) Chemical.--The term `chemical' includes any substance 
        or mixture of substances, including a substance that is part of 
        an article.
            ``(2) LRTAP convention.--The term `LRTAP Convention' means 
        the Convention on Long-Range Transboundary Air Pollution, done 
        at Geneva on November 13, 1979 (TIAS 10541), and any subsequent 
        amendments to which the United States is a party.
            ``(3) LRTAP pops chemical.--The term `LRTAP POPs chemical' 
        means any chemical listed on any Annex of the LRTAP POPs 
        Protocol, if such listing has entered into force for the United 
        States.
            ``(4) LRTAP pops protocol.--The term `LRTAP POPs Protocol' 
        means the Protocol on Persistent Organic Pollutants to the 
        LRTAP Convention, done at Aarhus on June 24, 1998, and any 
        subsequent amendment to which the United States is a party.
            ``(5) Meeting of the parties.--The term `meeting of the 
        parties' means--
                    ``(A) the Conference of the Parties established by 
                and operating under Article 19 of the Stockholm 
                Convention;
                    ``(B) the Executive Body established by and 
                operating under Article 10 of the LRTAP POPs 
                Convention; and
                    ``(C) the Conference of the Parties established by 
                and operating under Article 18 of the Rotterdam 
                Convention.
            ``(6) PIC chemical.--The term `PIC chemical' means any 
        chemical identified by notification to the Secretariat of the 
        Rotterdam Convention by the United States as banned or severely 
        restricted in the United States, and any chemical listed on any 
        Annex of the Rotterdam Convention, if such listing has entered 
        into force for the United States.
            ``(7) Pops chemical.--The term `POPs chemical' means any 
        chemical that is listed on any Annex of the Stockholm 
        Convention, if such listing has entered into force for the 
        United States.
            ``(8) Rotterdam convention.--The term `Rotterdam 
        Convention' means the Rotterdam Convention on the Prior 
        Informed Consent Procedure for Certain Hazardous Chemicals and 
        Pesticides in International Trade, done at Rotterdam on 
        September 10, 1998, and any subsequent amendment to which the 
        United States is a party.
            ``(9) Stockholm convention.--The term `Stockholm 
        Convention' means the Stockholm Convention on Persistent 
        Organic Pollutants, done at Stockholm on May 22, 2001, and any 
        subsequent amendment to which the United States is a party.
    ``(b) Implementation of International Agreements.--
            ``(1) In general.--The Administrator, in cooperation with 
        appropriate Federal agencies, shall implement and support the 
        implementation by the United States of the provisions of the 
        Stockholm Convention, the LRTAP POPs Protocol, and the 
        Rotterdam Convention that have entered into effect for the 
        United States.
            ``(2) Prohibitions.--Notwithstanding any other provision of 
        law, no person may manufacture, process, distribute in 
        commerce, use, dispose of, or take any other action with 
        respect to a POPs chemical, LRTAP POPs chemical, or PIC 
        chemical in a manner inconsistent with applicable obligations 
        for that chemical under the Stockholm Convention, LRTAP POPs 
        Protocol, or Rotterdam Convention.
            ``(3) Public notice and comment.--
                    ``(A) In general.--The Administrator shall provide 
                timely public notice and opportunity to comment on a 
                chemical proposed for listing to any Annex to the 
                Stockholm Convention, the LRTAP POPs Protocol, or the 
                Rotterdam Convention.
                    ``(B) Contents.--The Administrator shall identify 
                in the notice under subparagraph (A) any relevant 
                toxicity, exposure, and risk information on the 
                chemical known to the Administrator, and any domestic 
                activities involving the chemical known to the 
                Administrator.
                    ``(C) Notice and comment.--
                            ``(i) In general.--Any interested person 
                        may provide relevant comment and information on 
                        the chemical in response to the notice under 
                        subparagraph (A).
                            ``(ii) Request for information.--The 
                        Administrator may require the provision of 
                        relevant information related to a proposed 
                        chemical from any person, as the Administrator 
                        determines necessary to assist the United 
                        States in the review.
                            ``(iii) Public docket.--The Administrator 
                        shall consider all comments and information 
                        received under this subparagraph in the review 
                        of the proposal and include the comments and 
                        information in an established public docket.
                    ``(D) Post-recommendation.--
                            ``(i) In general.--The Administrator shall 
                        provide timely public notice and opportunity to 
                        comment after a recommendation is made to list 
                        a chemical on any Annex to the Stockholm 
                        Convention, the LRTAP POPs Protocol, or the 
                        Rotterdam Convention.
                            ``(ii) Meeting of the parties.--The 
                        Administrator shall provide the notice under 
                        clause (i) in advance of the meeting of the 
                        Parties at which the recommendation is to be 
                        considered.
                            ``(iii) Request for information.--The 
                        Administrator shall request comment and 
                        information on all aspects of the 
                        recommendation and may, if the Administrator 
                        determines it to be necessary to assist the 
                        United States in the review, require the 
                        provision of relevant information related to a 
                        proposed chemical from any person.
                            ``(iv) Public docket.--The Administrator 
                        shall consider all comments and information 
                        received under this subparagraph in the review 
                        of the proposal and include the comments and 
                        information in an established public docket.
                    ``(E) Decisions.--
                            ``(i) In general.--Not later than 30 days 
                        after a decision by the meeting of the parties, 
                        the Administrator shall provide timely public 
                        notice and opportunity to comment on any 
                        decision by the meeting of the parties to list 
                        a chemical on any Annex to the Stockholm 
                        Convention.
                            ``(ii) Contents.--The Administrator shall 
                        provide in the notice under clause (i) a 
                        description of the amendments to the 
                        instruments and identify the changes to the 
                        domestic activities that the Administrator 
                        believes, based on information available to the 
                        Administrator, would be necessary if the United 
                        States chose to be bound by the listing 
                        decision.
                            ``(iii) Public comment.--Any interested 
                        person may provide relevant comment and 
                        information in response to the notice under 
                        clause (i).
                            ``(iv) Public docket.--The Administrator 
                        shall consider all comments and information 
                        received under this subparagraph in the review 
                        of the proposal and include the comments and 
                        information in an established public docket.
                    ``(F) Ratification.--Not later than 30 days after 
                the United States deposits the instrument of 
                ratification for the Stockholm Convention, the LRTAP 
                POPs Protocol, or the Rotterdam Convention, or not 
                later than 30 days after the listing of any chemical 
                subsequently added under those instruments has entered 
                into force for the United States (whichever date is 
                earlier), the Administrator--
                            ``(i) shall provide public notice of--
                                    ``(I) the chemicals that are 
                                subject to those instruments; and
                                    ``(II) any chemical subsequently 
                                added under those instruments; and
                            ``(ii) may specify the requirements that 
                        are applicable for individual chemicals in a 
                        public notice under this subparagraph.
            ``(4) General rulemaking authority.--The Administrator may 
        promulgate regulations necessary to carry out the Stockholm 
        Convention, the LRTAP POPs Protocol, or the Rotterdam 
        Convention, or to ensure compliance with any obligations under 
        such instruments.
            ``(5) Obligations.--If a chemical is subject to obligations 
        under more than 1 of the instruments that includes the 
        Stockholm Convention, the LRTAP POPs Protocol, or the Rotterdam 
        Convention, the most stringent of the obligations shall apply 
        to ensure compliance with each of the instruments.
    ``(c) Enforcement.--The prohibitions and any other requirements of 
this section shall be enforced in the same manner as final rules or 
orders under section 6.''.
    (b) Conforming Amendments.--The table of contents for the Toxic 
Substances Control Act (15 U.S.C. 2601 et seq.) is amended--
            (1) by striking the item relating to section 2 and 
        inserting the following:

``Sec. 2. Findings, policy, and goal.'';
            (2) by striking the item relating to section 4 and 
        inserting the following:

``Sec. 4. Minimum data set and testing of chemical substances.'';
            (3) by striking the item relating to section 6 and 
        inserting the following:

``Sec. 6. Prioritization, safety standard determination, and risk 
                            management.'';
            (4) by striking the items relating to sections 29 through 
        31; and
            (5) by adding after the item relating to section 28 the 
        following:

``Sec. 29. Children's Environmental Health Research Program.
``Sec. 30. Reduction of animal-based testing.
``Sec. 31. Safer alternatives and green chemistry and engineering.
``Sec. 32. Cooperation with international efforts.
``Sec. 33. Reliable information and advice.
``Sec. 34. Hot spots.
``Sec. 35. Application of this Act to Federal agencies.
``Sec. 36. Implementation of Stockholm Convention, the LRTAP Pops 
                            Protocol, and the Rotterdam Convention.
``Sec. 37. Annual report.
``Sec. 38. Authorization of appropriations.''.
                                 <all>