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

                                                       Calendar No. 578
112th CONGRESS
  2d Session
                                 S. 847

                          [Report No. 112-264]

  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, 
Mr. Franken, Mr. Whitehouse, Mr. Sanders, Mrs. Gillibrand, Mr. Durbin, 
 Mr. Menendez, Mr. Leahy, Mr. Blumenthal, Mr. Merkley, Mrs. Feinstein, 
Mr. Begich, Mr. Tester, Mr. Kerry, Mrs. Murray, Mr. Cardin, Mr. Harkin, 
   Ms. Cantwell, Mr. Wyden, Mr. Baucus, Mr. Udall of New Mexico, Mr. 
Akaka, Mr. Nelson of Florida, Mr. Lieberman, Ms. Mikulski, Mr. Inouye, 
and Mr. Bennet) introduced the following bill; which was read twice and 
       referred to the Committee on Environment and Public Works

                           December 27, 2012

                Reported by Mrs. Boxer, with amendments
  [Omit the part struck through and insert the part printed in italic]

_______________________________________________________________________

                                 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.''.

<DELETED>SEC. 5. MINIMUM DATA SETS AND TESTING OF CHEMICAL 
              SUBSTANCES.</DELETED>

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

<DELETED>``SEC. 4. MINIMUM DATA SETS AND TESTING OF CHEMICAL 
              SUBSTANCES.</DELETED>

<DELETED>    ``(a) Minimum Data Sets.--</DELETED>
        <DELETED>    ``(1) Minimum data sets rules.--</DELETED>
                <DELETED>    ``(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.</DELETED>
                <DELETED>    ``(B) Requirements.--Any rule promulgated 
                under subparagraph (A) shall--</DELETED>
                        <DELETED>    ``(i) provide for varied or tiered 
                        data to be provided for different chemical 
                        substances or categories of chemical 
                        substances;</DELETED>
                        <DELETED>    ``(ii) identify the particular 
                        minimum data set that applies to a chemical 
                        substance or category of chemical 
                        substances;</DELETED>
                        <DELETED>    ``(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</DELETED>
                        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(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--</DELETED>
                <DELETED>    ``(A) for new chemical substances, 
                concurrent with the notice required under section 
                (5)(a)(1)(A); and</DELETED>
                <DELETED>    ``(B) for existing chemical substances, on 
                the earlier of--</DELETED>
                        <DELETED>    ``(i) 18 months after the date on 
                        which the chemical substance is assigned to a 
                        priority class under section 6(a); 
                        and</DELETED>
                        <DELETED>    ``(ii) 5 years after the date of 
                        enactment of the Safe Chemicals Act of 
                        2011.</DELETED>
        <DELETED>    ``(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).</DELETED>
<DELETED>    ``(b) Testing.--</DELETED>
        <DELETED>    ``(1) General submissions.--</DELETED>
                <DELETED>    ``(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.</DELETED>
                <DELETED>    ``(B) Effect on other authority.--Nothing 
                in this paragraph limits the authority of the 
                Administrator under paragraph (2).</DELETED>
        <DELETED>    ``(2) Sample submissions.--</DELETED>
                <DELETED>    ``(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.</DELETED>
                <DELETED>    ``(B) Effect on other authority.--Nothing 
                in this paragraph limits the authority of the 
                Administrator under paragraph (1).</DELETED>
        <DELETED>    ``(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).</DELETED>
        <DELETED>    ``(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.</DELETED>
<DELETED>    ``(c) Test Rules or Orders.--</DELETED>
        <DELETED>    ``(1) In general.--A rule or order issued under 
        subsection (b) shall include--</DELETED>
                <DELETED>    ``(A) identification of the chemical 
                substance for which testing is required under the rule 
                or order;</DELETED>
                <DELETED>    ``(B) standards for the development of 
                test data for that substance; and</DELETED>
                <DELETED>    ``(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).</DELETED>
        <DELETED>    ``(2) Considerations.--</DELETED>
                <DELETED>    ``(A) In general.--In determining the 
                standards and period to be required under subparagraphs 
                (B) and (C) of paragraph (1), the Administrator shall 
                consider--</DELETED>
                        <DELETED>    ``(i) the relative costs of the 
                        various test protocols and methodologies that 
                        may be required under the rule or order; 
                        and</DELETED>
                        <DELETED>    ``(ii) the reasonably foreseeable 
                        availability of the facilities and personnel 
                        needed to perform the testing required under 
                        the rule.</DELETED>
                <DELETED>    ``(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).</DELETED>
        <DELETED>    ``(3) Types of health and environmental 
        information.--</DELETED>
                <DELETED>    ``(A) In general.--The Administrator may 
                prescribe standards for the development of test data 
                under this subsection for health and environmental 
                information, including--</DELETED>
                        <DELETED>    ``(i) information pertaining to 
                        carcinogenesis, mutagenesis, teratogenesis, 
                        behavioral disorders, cumulative, synergistic, 
                        or any other effect that may be considered in a 
                        safety standard determination;</DELETED>
                        <DELETED>    ``(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</DELETED>
                        <DELETED>    ``(iii) information pertaining 
                        to--</DELETED>
                                <DELETED>    ``(I) 
                                bioaccumulation;</DELETED>
                                <DELETED>    ``(II) 
                                persistence;</DELETED>
                                <DELETED>    ``(III) acute 
                                toxicity;</DELETED>
                                <DELETED>    ``(IV) subacute 
                                toxicity;</DELETED>
                                <DELETED>    ``(V) chronic toxicity; 
                                and</DELETED>
                                <DELETED>    ``(VI) any other 
                                characteristic that may present an 
                                adverse effect.</DELETED>
                <DELETED>    ``(B) Methodologies.--</DELETED>
                        <DELETED>    ``(i) In general.--The 
                        Administrator may prescribe methodologies in 
                        standards for the development of test data, 
                        including--</DELETED>
                                <DELETED>    ``(I) epidemiologic 
                                studies;</DELETED>
                                <DELETED>    ``(II) biomonitoring 
                                studies;</DELETED>
                                <DELETED>    ``(III) serial or 
                                hierarchical tests;</DELETED>
                                <DELETED>    ``(IV) in vitro tests; 
                                and</DELETED>
                                <DELETED>    ``(V) whole animal tests, 
                                consistent with section 30.</DELETED>
                        <DELETED>    ``(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.</DELETED>
                <DELETED>    ``(C) Review.--Periodically, but not less 
                frequently than once every 3 years, the Administrator 
                shall--</DELETED>
                        <DELETED>    ``(i) review the adequacy of the 
                        standards for development of data prescribed 
                        under subparagraph (A); and</DELETED>
                        <DELETED>    ``(ii) if necessary, institute 
                        proceedings to make appropriate revisions of 
                        those standards.</DELETED>
        <DELETED>    ``(4) Persons required to conduct tests and submit 
        data.--</DELETED>
                <DELETED>    ``(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.</DELETED>
                <DELETED>    ``(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.</DELETED>
                <DELETED>    ``(C) Liability.--All persons described in 
                subparagraphs (A) and (B) shall remain liable for 
                compliance with any requirements subject to the 
                designation.</DELETED>
        <DELETED>    ``(5) Expiration of rules and orders.--</DELETED>
                <DELETED>    ``(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.</DELETED>
                <DELETED>    ``(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.</DELETED>
<DELETED>    ``(d) Exemptions.--</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(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--</DELETED>
                <DELETED>    ``(A) the chemical substance for which the 
                application was submitted is equivalent to a chemical 
                substance for which--</DELETED>
                        <DELETED>    ``(i) data has been submitted to 
                        the Administrator in accordance with a rule or 
                        order under subsection (a) or (b); or</DELETED>
                        <DELETED>    ``(ii) data is being developed in 
                        accordance with the rule or order; 
                        and</DELETED>
                <DELETED>    ``(B) submission of data by the applicant 
                for the substance would be duplicative of data that--
                </DELETED>
                        <DELETED>    ``(i) has been submitted to the 
                        Administrator in accordance with the rule or 
                        order under subsection (a) or (b); or</DELETED>
                        <DELETED>    ``(ii) is being developed in 
                        accordance with the rule or order.</DELETED>
        <DELETED>    ``(3) Reimbursement due to exemption.--</DELETED>
                <DELETED>    ``(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--</DELETED>
                        <DELETED>    ``(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</DELETED>
                        <DELETED>    ``(ii) ends on the later of--
                        </DELETED>
                                <DELETED>    ``(I) 5 years after the 
                                date referred to in clause (i); 
                                or</DELETED>
                                <DELETED>    ``(II) the date which, as 
                                determined by the Administrator, 
                                provides the applicant with a time 
                                period which is sufficient to develop 
                                the test data.</DELETED>
                <DELETED>    ``(B) Reimbursement for previously 
                submitted test data.--</DELETED>
                        <DELETED>    ``(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--</DELETED>
                                <DELETED>    ``(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</DELETED>
                                <DELETED>    ``(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.</DELETED>
                        <DELETED>    ``(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.</DELETED>
                        <DELETED>    ``(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--</DELETED>
                                <DELETED>    ``(I) the effect on the 
                                competitive position of the person 
                                required to provide reimbursement in 
                                relation to the person to be 
                                reimbursed; and</DELETED>
                                <DELETED>    ``(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.</DELETED>
                <DELETED>    ``(C) Reimbursement due to exemption for 
                test data being developed in accordance with a rule or 
                order.--</DELETED>
                        <DELETED>    ``(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--
                        </DELETED>
                                <DELETED>    ``(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</DELETED>
                                <DELETED>    ``(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.</DELETED>
                        <DELETED>    ``(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.</DELETED>
                        <DELETED>    ``(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).</DELETED>
                        <DELETED>    ``(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--</DELETED>
                                <DELETED>    ``(I) after providing 
                                written notice and an opportunity for a 
                                hearing to the person who holds the 
                                exemption, by order, terminate the 
                                exemption; and</DELETED>
                                <DELETED>    ``(II) notify in writing 
                                the person of the requirements of the 
                                rule or order with respect to which the 
                                exemption was granted.</DELETED>
<DELETED>    ``(e) Notice.--</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(2) Requirements.--Subject to section 14, each 
        notice shall--</DELETED>
                <DELETED>    ``(A) identify the chemical substance for 
                which data have been received;</DELETED>
                <DELETED>    ``(B) list--</DELETED>
                        <DELETED>    ``(i) the commercial and consumer 
                        uses or intended commercial and consumer uses 
                        of the substance known to the Administrator; 
                        and</DELETED>
                        <DELETED>    ``(ii) the information required by 
                        the applicable standards for the development of 
                        test data; and</DELETED>
                <DELETED>    ``(C) describe the nature of the test data 
                developed.</DELETED>
        <DELETED>    ``(3) Availability.--Subject to section 14, the 
        Administrator shall make the test data described in this 
        subsection available on a publicly accessible Internet 
        site.</DELETED>
<DELETED>    ``(f) Requests From Other Agencies for Additional 
Information or Testing.--</DELETED>
        <DELETED>    ``(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--</DELETED>
                <DELETED>    ``(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</DELETED>
                <DELETED>    ``(B) the requested information is not 
                available to that agency.</DELETED>
        <DELETED>    ``(2) Duty of administrator.--Not later than 60 
        days after the date of receipt of a request under paragraph 
        (1), the Administrator shall--</DELETED>
                <DELETED>    ``(A) subject to section 14, make the data 
                available to the requesting agency;</DELETED>
                <DELETED>    ``(B) issue a request under section 8(f) 
                to require--</DELETED>
                        <DELETED>    ``(i) the submission of existing 
                        pertinent data to the Administrator; 
                        and</DELETED>
                        <DELETED>    ``(ii) a copy of any such 
                        submission to be furnished to the requesting 
                        agency;</DELETED>
                <DELETED>    ``(C) issue a rule or order under 
                subsection (b)--</DELETED>
                        <DELETED>    ``(i) to develop the data; 
                        and</DELETED>
                        <DELETED>    ``(ii) to require the developed 
                        data to be furnished to the requesting agency; 
                        or</DELETED>
                <DELETED>    ``(D) publish in the Federal Register the 
                reason for which none of the actions described in this 
                paragraph were taken.</DELETED>
<DELETED>    ``(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--</DELETED>
        <DELETED>    ``(1) is accurate and reliable; and</DELETED>
        <DELETED>    ``(2) includes all material facts known to, in the 
        possession or control of, or reasonably ascertainable by, the 
        manufacturer or processor.''.</DELETED>

<DELETED>SEC. 6. MANUFACTURING AND PROCESSING NOTICES.</DELETED>

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

<DELETED>``SEC. 5. MANUFACTURING AND PROCESSING NOTICES.</DELETED>

<DELETED>    ``(a) New Chemical Substances and New Uses of Chemical 
Substances.--</DELETED>
        <DELETED>    ``(1) New chemical substances.--Except as provided 
        in subsection (d), no person may manufacture or process a new 
        chemical substance unless--</DELETED>
                <DELETED>    ``(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;</DELETED>
                <DELETED>    ``(B) the person complies with subsection 
                (b); and</DELETED>
                <DELETED>    ``(C) the Administrator finds that--
                </DELETED>
                        <DELETED>    ``(i) the manufacturers and 
                        processors have established that the chemical 
                        substance meets the safety standard under 
                        section 6(b); or</DELETED>
                        <DELETED>    ``(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--</DELETED>
                                <DELETED>    ``(I)(aa) manufactured in 
                                a volume of more than 1,000,000 pounds 
                                annually; or</DELETED>
                                <DELETED>    ``(bb) released into the 
                                environment in a volume of more than 
                                100,000 pounds annually;</DELETED>
                                <DELETED>    ``(II) a known, probable, 
                                or suspected reproductive, 
                                developmental, neurological, or 
                                immunological toxicant, carcinogen, 
                                mutagen, or endocrine 
                                disruptor;</DELETED>
                                <DELETED>    ``(III) persistent and 
                                bioaccumulative;</DELETED>
                                <DELETED>    ``(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</DELETED>
                                <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(2) New uses of existing chemical substances 
        prior to safety standard determination.--</DELETED>
                <DELETED>    ``(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--</DELETED>
                        <DELETED>    ``(i) for a use that was not 
                        ongoing on the date of enactment of the Safe 
                        Chemicals Act of 2011; or</DELETED>
                        <DELETED>    ``(ii) at a volume that is 
                        significantly increased from the volume as of 
                        the date of enactment of the Safe Chemicals Act 
                        of 2011.</DELETED>
                <DELETED>    ``(B) Exception.--A person may manufacture 
                or process a chemical substance in a manner prohibited 
                by subparagraph (A), if the person--</DELETED>
                        <DELETED>    ``(i) submits to the Administrator 
                        a new or updated declaration under section 
                        8(a); and</DELETED>
                        <DELETED>    ``(ii) complies with subsection 
                        (b).</DELETED>
        <DELETED>    ``(3) New uses of existing chemical substances 
        that meet the safety standard.--</DELETED>
                <DELETED>    ``(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--</DELETED>
                        <DELETED>    ``(i) the manufacturer or 
                        processor submits to the Administrator--
                        </DELETED>
                                <DELETED>    ``(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</DELETED>
                                <DELETED>    ``(II) all updates to the 
                                minimum data set relevant to the new 
                                use, new production volume, or other 
                                new manner of manufacturing or 
                                processing;</DELETED>
                        <DELETED>    ``(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</DELETED>
                        <DELETED>    ``(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.</DELETED>
                <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(4) Safety standard determination.--</DELETED>
                <DELETED>    ``(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).</DELETED>
                <DELETED>    ``(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).</DELETED>
                <DELETED>    ``(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.</DELETED>
                <DELETED>    ``(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).</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(6) Chemical substances exhibiting special 
        substance characteristics.--</DELETED>
                <DELETED>    ``(A) Determination.--The Administrator 
                shall determine by order or rule that a variant of a 
                chemical substance exhibiting 1 or more special 
                substance characteristics--</DELETED>
                        <DELETED>    ``(i) is a use that is separate 
                        from any use of the chemical substance that 
                        does not exhibit the special substance 
                        characteristics; or</DELETED>
                        <DELETED>    ``(ii) is a new chemical 
                        substance.</DELETED>
                <DELETED>    ``(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.</DELETED>
<DELETED>    ``(b) Submission of Data.--</DELETED>
        <DELETED>    ``(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--</DELETED>
                <DELETED>    ``(A) under subsection (a), a notice prior 
                to beginning the manufacture or processing of a 
                chemical substance; and</DELETED>
                <DELETED>    ``(B) under section 4(b), test data for 
                the chemical substance prior to the submission of the 
                notice.</DELETED>
        <DELETED>    ``(2) Availability.--Subject to section 14, the 
        Administrator shall make any test data submitted under 
        paragraph (1) available on a publicly accessible Internet 
        site.</DELETED>
<DELETED>    ``(c) Content and Availability of Notice.--</DELETED>
        <DELETED>    ``(1) Content.--Notice under subsection (a)(1) 
        shall include--</DELETED>
                <DELETED>    ``(A) the declaration described in section 
                8(a)(2);</DELETED>
                <DELETED>    ``(B) the minimum data set described in 
                section 4(a); and</DELETED>
                <DELETED>    ``(C) a statement that the chemical 
                substance will meet the applicable safety 
                standard.</DELETED>
        <DELETED>    ``(2) Availability.--Subject to section 14, the 
        Administrator shall make the notice under paragraph (1) 
        available on a publicly accessible Internet site.</DELETED>
        <DELETED>    ``(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--</DELETED>
                <DELETED>    ``(A) identifies the chemical substance 
                for which notice or data has been received;</DELETED>
                <DELETED>    ``(B) lists the uses or intended uses of 
                the chemical substance;</DELETED>
                <DELETED>    ``(C) in the case of the receipt of data 
                under subsection (b), describes--</DELETED>
                        <DELETED>    ``(i) the nature of the tests 
                        performed with respect to the chemical 
                        substance; and</DELETED>
                        <DELETED>    ``(ii) any data that were received 
                        under subsection (b) or a rule or order under 
                        section 4; and</DELETED>
                <DELETED>    ``(D) references the availability of the 
                minimum data set.</DELETED>
        <DELETED>    ``(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).</DELETED>
<DELETED>    ``(d) Exemptions.--</DELETED>
        <DELETED>    ``(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--
        </DELETED>
                <DELETED>    ``(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</DELETED>
                <DELETED>    ``(B) under such restrictions as the 
                Administrator considers appropriate.</DELETED>
        <DELETED>    ``(2) Equivalent chemical substances.--</DELETED>
                <DELETED>    ``(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--</DELETED>
                        <DELETED>    ``(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</DELETED>
                        <DELETED>    ``(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.</DELETED>
                <DELETED>    ``(B) Effective date.--No exemption under 
                this paragraph may take effect before the beginning of 
                the reimbursement period applicable to the 
                data.</DELETED>
                <DELETED>    ``(C) Fair and equitable reimbursement.--
                </DELETED>
                        <DELETED>    ``(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--</DELETED>
                                <DELETED>    ``(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</DELETED>
                                <DELETED>    ``(II) ends on the later 
                                of--</DELETED>
                                        <DELETED>    ``(aa) the date 
                                        that is 5 years after the date 
                                        referred to in subclause (I); 
                                        or</DELETED>
                                        <DELETED>    ``(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.</DELETED>
                        <DELETED>    ``(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)--</DELETED>
                                <DELETED>    ``(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</DELETED>
                                <DELETED>    ``(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.</DELETED>
                        <DELETED>    ``(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.</DELETED>
                        <DELETED>    ``(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--</DELETED>
                                <DELETED>    ``(I) the effect on the 
                                competitive position of the person 
                                required to provide reimbursement in 
                                relation to the persons to be 
                                reimbursed; and</DELETED>
                                <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(3) Small quantities.--</DELETED>
                <DELETED>    ``(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--</DELETED>
                        <DELETED>    ``(i) scientific experimentation 
                        or analysis; or</DELETED>
                        <DELETED>    ``(ii) chemical research on, or 
                        analysis of, the substance or another 
                        substance, including research or analysis for 
                        the development of a product.</DELETED>
                <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(4) Temporary existence.--The Administrator may, 
        upon application, exempt from subsections (a) and (b) the 
        manufacturing or processing of any chemical substance--
        </DELETED>
                <DELETED>    ``(A) that exists temporarily as a result 
                of a chemical reaction in the manufacturing or 
                processing of a mixture or another chemical substance; 
                and</DELETED>
                <DELETED>    ``(B) to which there is no, and will not 
                be, any human or environmental exposure.</DELETED>
        <DELETED>    ``(5) Publication.--</DELETED>
                <DELETED>    ``(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.</DELETED>
                <DELETED>    ``(B) Requirements.--The Administrator 
                shall--</DELETED>
                        <DELETED>    ``(i) give interested persons an 
                        opportunity to comment upon any application 
                        described in subparagraph (A);</DELETED>
                        <DELETED>    ``(ii) not later than 45 days 
                        after the date of receipt of an application, 
                        approve or deny the application; and</DELETED>
                        <DELETED>    ``(iii) publish in the Federal 
                        Register notice of the approval or denial of 
                        the application.</DELETED>
<DELETED>    ``(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--</DELETED>
        <DELETED>    ``(1) is accurate and reliable; and</DELETED>
        <DELETED>    ``(2) includes all material facts known to, in the 
        possession or control of, or reasonably ascertainable by, the 
        manufacturer or processor.</DELETED>
<DELETED>    ``(f) Definitions.--In this section:</DELETED>
        <DELETED>    ``(1) Manufacture and process.--The terms 
        `manufacture' and `process' mean to manufacture or process, 
        respectively, for commercial purposes.</DELETED>
        <DELETED>    ``(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.''.</DELETED>

<DELETED>SEC. 7. PRIORITIZATION, SAFETY STANDARD DETERMINATION, AND 
              RISK MANAGEMENT.</DELETED>

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

<DELETED>``SEC. 6. PRIORITIZATION, SAFETY STANDARD DETERMINATION, AND 
              RISK MANAGEMENT.</DELETED>

<DELETED>    ``(a) Prioritization of Chemical Substances.--</DELETED>
        <DELETED>    ``(1) Prioritization list.--</DELETED>
                <DELETED>    ``(A) In general.--Subject to subparagraph 
                (B), the Administrator shall, by order, develop and 
                publish a list that--</DELETED>
                        <DELETED>    ``(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</DELETED>
                        <DELETED>    ``(ii) identifies the priority 
                        class to which each listed chemical substance 
                        or category of chemical substance has been 
                        assigned by the Administrator.</DELETED>
                <DELETED>    ``(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).</DELETED>
        <DELETED>    ``(2) Chemical substances requiring immediate risk 
        management (priority class 1).--</DELETED>
                <DELETED>    ``(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.</DELETED>
                <DELETED>    ``(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.</DELETED>
                <DELETED>    ``(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.</DELETED>
                <DELETED>    ``(D) Risk management.--</DELETED>
                        <DELETED>    ``(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.</DELETED>
                        <DELETED>    ``(ii) Residual risk assessment.--
                        Not later than 1 year after the effective date 
                        of any conditions established under clause (i), 
                        the Administrator shall--</DELETED>
                                <DELETED>    ``(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</DELETED>
                                <DELETED>    ``(II) impose any further 
                                conditions under subsection (c) that 
                                the Administrator determines necessary 
                                to ensure that the chemical substance 
                                meets the applicable safety 
                                standard.</DELETED>
                <DELETED>    ``(E) Updates.--</DELETED>
                        <DELETED>    ``(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.</DELETED>
                        <DELETED>    ``(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).</DELETED>
        <DELETED>    ``(3) Chemical substances requiring safety 
        standard determinations (priority class 2).--</DELETED>
                <DELETED>    ``(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.</DELETED>
                <DELETED>    ``(B) Assignment to priority class 2.--
                </DELETED>
                        <DELETED>    ``(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.</DELETED>
                        <DELETED>    ``(ii) Conditions.--The 
                        Administrator shall assign chemical substances 
                        to priority class 2 subject to the conditions 
                        that--</DELETED>
                                <DELETED>    ``(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</DELETED>
                                <DELETED>    ``(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.</DELETED>
                <DELETED>    ``(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).</DELETED>
        <DELETED>    ``(4) Chemical substances requiring no immediate 
        action (priority class 3).--</DELETED>
                <DELETED>    ``(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.</DELETED>
                <DELETED>    ``(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.</DELETED>
                <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(5) Interagency prioritization and testing 
        committee.--</DELETED>
                <DELETED>    ``(A) Establishment.--There is established 
                an interagency committee (referred to in this section 
                as the `committee') to make recommendations to the 
                Administrator concerning--</DELETED>
                        <DELETED>    ``(i) the issuance of test rules 
                        or orders for chemical substances and mixtures 
                        under section 4(c); and</DELETED>
                        <DELETED>    ``(ii) the prioritization of 
                        chemical substances under this 
                        subsection.</DELETED>
                <DELETED>    ``(B) Recommendations.--</DELETED>
                        <DELETED>    ``(i) Factors.--In making a 
                        recommendation concerning--</DELETED>
                                <DELETED>    ``(I) the issuance of test 
                                rules or orders under section 4(c), the 
                                committee shall consider all factors 
                                relevant to risk; and</DELETED>
                                <DELETED>    ``(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).</DELETED>
                        <DELETED>    ``(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--</DELETED>
                                <DELETED>    ``(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</DELETED>
                                <DELETED>    ``(II) the recommendations 
                                of the committee that particular 
                                chemical substances, or categories of 
                                chemical substances, be prioritized 
                                under this subsection.</DELETED>
                        <DELETED>    ``(iii) Additions or revisions.--
                        </DELETED>
                                <DELETED>    ``(I) In general.--Not 
                                less frequently than once every year, 
                                the committee shall--</DELETED>
                                        <DELETED>    ``(aa) make such 
                                        additions or revisions to the 
                                        recommendations of the 
                                        committee as the committee 
                                        determines to be necessary; 
                                        and</DELETED>
                                        <DELETED>    ``(bb) submit to 
                                        the Administrator the 
                                        recommendations and a statement 
                                        of the reasons of the committee 
                                        for any additions or 
                                        revisions.</DELETED>
                                <DELETED>    ``(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.</DELETED>
                                <DELETED>    ``(III) Comments.--The 
                                Administrator shall--</DELETED>
                                        <DELETED>    ``(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;</DELETED>
                                        <DELETED>    ``(bb) consider 
                                        any comments received under 
                                        item (aa); and</DELETED>
                                        <DELETED>    ``(cc) make any 
                                        comments received under item 
                                        (aa) available to the 
                                        public.</DELETED>
                <DELETED>    ``(C) Composition.--The committee shall 
                consist of the following 8 members:</DELETED>
                        <DELETED>    ``(i) One member appointed by the 
                        Administrator from among officers or employees 
                        of the Environmental Protection 
                        Agency.</DELETED>
                        <DELETED>    ``(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.).</DELETED>
                        <DELETED>    ``(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.</DELETED>
                        <DELETED>    ``(iv) One member appointed by the 
                        Director of the National Institute for 
                        Occupational Safety and Health from among 
                        officers or employees of the 
                        Institute.</DELETED>
                        <DELETED>    ``(v) One member appointed by the 
                        Director of the National Institute of 
                        Environmental Health Sciences from among 
                        officers or employees of the 
                        Institute.</DELETED>
                        <DELETED>    ``(vi) One member appointed by the 
                        Director of the National Cancer Institute from 
                        among officers or employees of the 
                        Institute.</DELETED>
                        <DELETED>    ``(vii) One member appointed by 
                        the Director of the National Science Foundation 
                        from among officers or employees of the 
                        Foundation.</DELETED>
                        <DELETED>    ``(viii) One member appointed by 
                        the Secretary of Commerce from among officers 
                        or employees of the Department of 
                        Commerce.</DELETED>
                <DELETED>    ``(D) Appointment of members.--</DELETED>
                        <DELETED>    ``(i) Designees.--</DELETED>
                                <DELETED>    ``(I) In general.--An 
                                appointed member may designate an 
                                individual to serve on the committee on 
                                behalf of the member.</DELETED>
                                <DELETED>    ``(II) Prerequisites.--A 
                                designation may be made only--
                                </DELETED>
                                        <DELETED>    ``(aa) with the 
                                        approval of the applicable 
                                        appointing authority; 
                                        and</DELETED>
                                        <DELETED>    ``(bb) if the 
                                        individual is an officer or 
                                        employee of the entity from 
                                        which the member was 
                                        appointed.</DELETED>
                        <DELETED>    ``(ii) Terms.--</DELETED>
                                <DELETED>    ``(I) In general.--No 
                                individual may serve as a member of the 
                                committee for more than an aggregate 
                                period of 4 years.</DELETED>
                                <DELETED>    ``(II) Members leaving 
                                appointing entities.--If any member of 
                                the committee leaves the entity from 
                                which the member was appointed--
                                </DELETED>
                                        <DELETED>    ``(aa) the member 
                                        may not continue as a member of 
                                        the committee; and</DELETED>
                                        <DELETED>    ``(bb) the 
                                        position of the member shall be 
                                        considered vacant.</DELETED>
                                <DELETED>    ``(III) Vacancies.--A 
                                vacancy on the committee shall be 
                                filled in the same manner in which the 
                                original appointment was 
                                made.</DELETED>
                <DELETED>    ``(E) Conflicts of interest.--</DELETED>
                        <DELETED>    ``(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.</DELETED>
                        <DELETED>    ``(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.</DELETED>
                        <DELETED>    ``(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.</DELETED>
                <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(6) No judicial review.--The following actions 
        shall not be subject to judicial review:</DELETED>
                <DELETED>    ``(A) The assignment of a particular 
                chemical substance under this subsection.</DELETED>
                <DELETED>    ``(B) A determination by the Administrator 
                of whether a particular assignment under this 
                subsection is warranted.</DELETED>
                <DELETED>    ``(C) A response to a petition to include 
                a particular chemical substance on the list under this 
                subsection.</DELETED>
                <DELETED>    ``(D) The issuance of a recommendation to 
                list a chemical substance under this 
                subsection.</DELETED>
<DELETED>    ``(b) Safety Standard Determinations for Chemical 
Substances.--</DELETED>
        <DELETED>    ``(1) In general.--</DELETED>
                <DELETED>    ``(A) Application.--This paragraph applies 
                to the determination, or redetermination, of whether a 
                chemical substance meets the applicable safety standard 
                of this title.</DELETED>
                <DELETED>    ``(B) Burden of proof.--</DELETED>
                        <DELETED>    ``(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.</DELETED>
                        <DELETED>    ``(ii) Duties.--Under this title, 
                        it shall be the duty of--</DELETED>
                                <DELETED>    ``(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</DELETED>
                                <DELETED>    ``(II) the Administrator 
                                to determine whether the chemical 
                                substance meets the applicable safety 
                                standard.</DELETED>
                <DELETED>    ``(C) Assessment of risk.--</DELETED>
                        <DELETED>    ``(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.</DELETED>
                        <DELETED>    ``(ii) Safety standard.--
                        </DELETED>
                                <DELETED>    ``(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.</DELETED>
                                <DELETED>    ``(II) Considerations.--In 
                                making a safety standard determination 
                                under this title, for each chemical 
                                substance, the Administrator shall--
                                </DELETED>
                                        <DELETED>    ``(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</DELETED>
                                        <DELETED>    ``(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.</DELETED>
                        <DELETED>    ``(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.</DELETED>
                        <DELETED>    ``(iv) Methodology.--</DELETED>
                                <DELETED>    ``(I) In general.--Subject 
                                to subclause (II), the Administrator 
                                shall use the best available science 
                                when conducting an assessment described 
                                in clause (i).</DELETED>
                                <DELETED>    ``(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'.</DELETED>
                                <DELETED>    ``(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.</DELETED>
                        <DELETED>    ``(v) Scope.--An assessment 
                        described in clause (i) shall address human 
                        health or environmental impacts, including 
                        potential or demonstrated cancer and noncancer 
                        endpoints.</DELETED>
                        <DELETED>    ``(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.</DELETED>
                        <DELETED>    ``(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.</DELETED>
                        <DELETED>    ``(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).</DELETED>
                <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(2) Duties.--</DELETED>
                <DELETED>    ``(A) Manufacturer and processor duties.--
                </DELETED>
                        <DELETED>    ``(i) Initial safety standard 
                        determination submission.--</DELETED>
                                <DELETED>    ``(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--</DELETED>
                                        <DELETED>    ``(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);</DELETED>
                                        <DELETED>    ``(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</DELETED>
                                        <DELETED>    ``(cc) indicate 
                                        whether the chemical substance, 
                                        including specified uses to be 
                                        evaluated and any proposed 
                                        conditions on the specified 
                                        uses, meets the safety 
                                        standard.</DELETED>
                                <DELETED>    ``(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.</DELETED>
                                <DELETED>    ``(III) Liability.--All 
                                manufacturers and processors described 
                                in subclause (II) shall remain liable 
                                for compliance with any requirements 
                                subject to the designation.</DELETED>
                        <DELETED>    ``(ii) Renewal of safety standard 
                        determination submission.--</DELETED>
                                <DELETED>    ``(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--
                                </DELETED>
                                        <DELETED>    ``(aa) submit to 
                                        the Administrator an updated 
                                        minimum data set for the 
                                        chemical substance, as 
                                        established under section 4(a); 
                                        and</DELETED>
                                        <DELETED>    ``(bb) indicate 
                                        whether the chemical substance, 
                                        including specified uses to be 
                                        evaluated and any proposed 
                                        conditions on the specified use 
                                        meets the safety 
                                        standard.</DELETED>
                                <DELETED>    ``(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.</DELETED>
                                <DELETED>    ``(III) Liability.--All 
                                manufacturers and processors described 
                                in subclause (II) shall remain liable 
                                for compliance with any requirements 
                                subject to the designation.</DELETED>
                        <DELETED>    ``(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.</DELETED>
                        <DELETED>    ``(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).</DELETED>
                <DELETED>    ``(B) Administrator duties.--</DELETED>
                        <DELETED>    ``(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.</DELETED>
                        <DELETED>    ``(ii) Uses and conditions.--If 
                        the Administrator determines that the chemical 
                        substance meets the safety standard, the 
                        Administrator shall specify in the order--
                        </DELETED>
                                <DELETED>    ``(I) the allowed uses of 
                                the substance, which shall be limited 
                                to the uses evaluated in the 
                                determination; and</DELETED>
                                <DELETED>    ``(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).</DELETED>
                        <DELETED>    ``(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--</DELETED>
                                <DELETED>    ``(I) if new information 
                                raises a credible question as to 
                                whether the chemical substance 
                                continues to meet the safety 
                                standard;</DELETED>
                                <DELETED>    ``(II) on the receipt of a 
                                renewal submission under subparagraph 
                                (A)(ii); or</DELETED>
                                <DELETED>    ``(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.</DELETED>
                        <DELETED>    ``(iv) Petition for 
                        redetermination.--</DELETED>
                                <DELETED>    ``(I) In general.--Any 
                                person may petition the Administrator 
                                for a redetermination of whether a 
                                chemical substance continues to meet 
                                the applicable safety 
                                standard.</DELETED>
                                <DELETED>    ``(II) Basis.--The person 
                                shall include in the petition a 
                                description of the basis for requesting 
                                the redetermination.</DELETED>
                                <DELETED>    ``(III) Action by 
                                administrator.--On receipt of the 
                                petition, the Administrator shall--
                                </DELETED>
                                        <DELETED>    ``(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;</DELETED>
                                        <DELETED>    ``(bb) make the 
                                        petition available on 
                                        request;</DELETED>
                                        <DELETED>    ``(cc) provide a 
                                        reasonable opportunity for 
                                        public review and comment on 
                                        the petition and give due 
                                        consideration to any comments 
                                        received;</DELETED>
                                        <DELETED>    ``(dd) decide 
                                        whether to make the requested 
                                        redetermination; and</DELETED>
                                        <DELETED>    ``(ee) not later 
                                        than 180 days after the date of 
                                        receipt, publish in the Federal 
                                        Register the decision and the 
                                        basis for the 
                                        decision.</DELETED>
        <DELETED>    ``(3) Risk reduction.--</DELETED>
                <DELETED>    ``(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.</DELETED>
                <DELETED>    ``(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--</DELETED>
                        <DELETED>    ``(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</DELETED>
                        <DELETED>    ``(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.</DELETED>
                <DELETED>    ``(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).</DELETED>
<DELETED>    ``(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--
</DELETED>
        <DELETED>    ``(1) a requirement limiting the quantity of the 
        substance that may be manufactured, processed, or distributed 
        in commerce;</DELETED>
        <DELETED>    ``(2) a requirement--</DELETED>
                <DELETED>    ``(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</DELETED>
                <DELETED>    ``(B) limiting the quantity of the 
                substance that may be manufactured, processed, or 
                distributed in commerce for--</DELETED>
                        <DELETED>    ``(i) a particular use; 
                        or</DELETED>
                        <DELETED>    ``(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);</DELETED>
        <DELETED>    ``(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;</DELETED>
        <DELETED>    ``(4) a requirement that manufacturers and 
        processors of the substance--</DELETED>
                <DELETED>    ``(A) make and retain records of the 
                processes used to manufacture or process the substance; 
                and</DELETED>
                <DELETED>    ``(B) monitor or conduct tests that are 
                reasonable and necessary to ensure compliance with this 
                Act;</DELETED>
        <DELETED>    ``(5) a requirement prohibiting or otherwise 
        regulating any manner or method of commercial use of the 
        substance;</DELETED>
        <DELETED>    ``(6) a requirement prohibiting or otherwise 
        regulating any manner or method of disposal of the substance 
        by--</DELETED>
                <DELETED>    ``(A) the manufacturer or processor of the 
                substance; or</DELETED>
                <DELETED>    ``(B) any other person that uses, or 
                disposes of, the substance for commercial purposes; 
                and</DELETED>
        <DELETED>    ``(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.</DELETED>
<DELETED>    ``(d) Quality Control Orders.--</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(2) Orders.--</DELETED>
                <DELETED>    ``(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.</DELETED>
                <DELETED>    ``(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--</DELETED>
                        <DELETED>    ``(i) to give notice of the 
                        endangerment to--</DELETED>
                                <DELETED>    ``(I) processors or 
                                distributors (or both) in commerce of 
                                the substance; and</DELETED>
                                <DELETED>    ``(II) to the extent 
                                reasonably ascertainable, any other 
                                person in possession of or exposed to 
                                the substance;</DELETED>
                        <DELETED>    ``(ii) to give public notice of 
                        the endangerment; and</DELETED>
                        <DELETED>    ``(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.</DELETED>
<DELETED>    ``(e) Exemptions to Restrictions.--</DELETED>
        <DELETED>    ``(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).</DELETED>
        <DELETED>    ``(2) Exemptions.--</DELETED>
                <DELETED>    ``(A) In general.--</DELETED>
                        <DELETED>    ``(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.</DELETED>
                        <DELETED>    ``(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).</DELETED>
                <DELETED>    ``(B) Criteria.--The Administrator may 
                grant an exemption for the use of a chemical substance 
                under subparagraph (A)(ii) if--</DELETED>
                        <DELETED>    ``(i) the exemption is in the 
                        paramount interest of national 
                        security;</DELETED>
                        <DELETED>    ``(ii) the lack of availability of 
                        the chemical substance would cause significant 
                        disruption in the national economy; 
                        or</DELETED>
                        <DELETED>    ``(iii) the use for which the 
                        exemption is sought is a critical or essential 
                        use for which--</DELETED>
                                <DELETED>    ``(I) no feasible safer 
                                alternative for the specified use of 
                                the chemical substance is available; 
                                or</DELETED>
                                <DELETED>    ``(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.</DELETED>
                <DELETED>    ``(C) Public notice.--If the Administrator 
                grants an exemption for a chemical substance under this 
                paragraph--</DELETED>
                        <DELETED>    ``(i) the manufacturers and 
                        processors of the chemical substance shall, for 
                        the exempted use, provide notice of the 
                        exemption to each known purchaser of--
                        </DELETED>
                                <DELETED>    ``(I) the chemical 
                                substance; and</DELETED>
                                <DELETED>    ``(II) a mixture or 
                                article containing the chemical 
                                substance; and</DELETED>
                        <DELETED>    ``(ii) the Administrator shall 
                        provide the public with a notice of the 
                        exemption.</DELETED>
                <DELETED>    ``(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).</DELETED>
                <DELETED>    ``(E) Conditions.--</DELETED>
                        <DELETED>    ``(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.</DELETED>
                        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(4) Extensions of effective dates for retail 
        sale of articles to end consumers.--</DELETED>
                <DELETED>    ``(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--</DELETED>
                        <DELETED>    ``(i) is necessary and appropriate 
                        to allow for depletion of the existing retail 
                        inventory; and</DELETED>
                        <DELETED>    ``(ii) will not present a 
                        substantial endangerment to human health or the 
                        environment.</DELETED>
                <DELETED>    ``(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.</DELETED>
<DELETED>    ``(f) Polychlorinated Biphenyls.--</DELETED>
        <DELETED>    ``(1) In general.--The Administrator shall act by 
        order or rule consistent with paragraphs (2) and (3)--
        </DELETED>
                <DELETED>    ``(A) to prescribe methods for the 
                disposal of polychlorinated biphenyls; and</DELETED>
                <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(2) Manufacture, process, or distribution in 
        totally enclosed manner.--</DELETED>
                <DELETED>    ``(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.</DELETED>
                <DELETED>    ``(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.</DELETED>
                <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(3) Prohibition on manufacture, process, or 
        distribution.--</DELETED>
                <DELETED>    ``(A) In general.--Except as provided in 
                subparagraphs (B), (C), and (D)--</DELETED>
                        <DELETED>    ``(i) no person may manufacture 
                        any polychlorinated biphenyl; and</DELETED>
                        <DELETED>    ``(ii) no person may process or 
                        distribute in commerce any polychlorinated 
                        biphenyl.</DELETED>
                <DELETED>    ``(B) Exemptions.--</DELETED>
                        <DELETED>    ``(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--
                        </DELETED>
                                <DELETED>    ``(I) a substantial 
                                endangerment to human health or 
                                environment would not result; 
                                and</DELETED>
                                <DELETED>    ``(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.</DELETED>
                        <DELETED>    ``(ii) Administration.--An 
                        exemption granted under this subparagraph shall 
                        be--</DELETED>
                                <DELETED>    ``(I) subject to such 
                                terms and conditions as the 
                                Administrator may prescribe; 
                                and</DELETED>
                                <DELETED>    ``(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.</DELETED>
                <DELETED>    ``(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</DELETED>\<DELETED>1/
                2</DELETED>\<DELETED>- year period beginning on the 
                date of enactment of this Act.</DELETED>
                <DELETED>    ``(D) Extension of exemptions.--</DELETED>
                        <DELETED>    ``(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.</DELETED>
                        <DELETED>    ``(ii) Notice.--The Administrator 
                        shall promptly publish in the Federal Register 
                        notice of the extension.</DELETED>
<DELETED>    ``(g) Mercury.--</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(2) Exceptions.--Paragraph (1) shall not apply 
        to--</DELETED>
                <DELETED>    ``(A) a transfer between Federal agencies 
                of elemental mercury for the sole purpose of 
                facilitating storage of mercury to carry out this Act; 
                or</DELETED>
                <DELETED>    ``(B) a conveyance, sale, distribution, or 
                transfer of coal.</DELETED>
        <DELETED>    ``(3) Leases of federal coal.--Nothing in this 
        subsection prohibits the leasing of coal.</DELETED>
<DELETED>    ``(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--</DELETED>
        <DELETED>    ``(1) is accurate and reliable; and</DELETED>
        <DELETED>    ``(2) includes all material facts known to, in the 
        possession or control of, or reasonably ascertainable by, the 
        manufacturer or processor.</DELETED>
<DELETED>    ``(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.''.</DELETED>

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

    ``(a) Minimum Information Sets.--
            ``(1) Rule.--
                    ``(A) In general.--Subject to subparagraphs (B) and 
                (C), and not later than 1 year after the date of 
                enactment of the Safe Chemicals Act of 2011, the 
                Administrator shall establish, by rule, such minimum 
                information sets as the Administrator determines to be 
                appropriate to evaluate chemical substances under 
                sections 5 and 6.
                    ``(B) General requirements.--The rule promulgated 
                pursuant to subparagraph (A) shall--
                            ``(i) provide for varied or tiered 
                        information to be provided for different 
                        chemical substances;
                            ``(ii) identify the particular minimum 
                        information set that applies to a chemical 
                        substance;
                            ``(iii) require each minimum information 
                        set to include sufficient information for the 
                        Administrator to conduct a screening-level risk 
                        assessment of the chemical substance, including 
                        information on the characteristics, 
                        toxicological properties, environmental and 
                        biological fate and behavior, exposure, and use 
                        of a chemical substance;
                            ``(iv) specify information quality and 
                        reliability requirements applicable to the 
                        information submitted in the minimum 
                        information sets; and
                            ``(v) accommodate the use of alternative 
                        testing methods and testing strategies to 
                        generate information quickly, at low cost, and 
                        with reduced use of animal-based testing, 
                        including toxicity pathway-based risk 
                        assessment, in vitro studies, systems biology, 
                        computational toxicology, bioinformatics, and 
                        high-throughput screening, to the extent such 
                        methods and strategies would yield information 
                        of equivalent quality and reliability.
                    ``(C) Specific requirements.--The rule promulgated 
                pursuant to subparagraph (A) shall establish minimum 
                information sets sufficient for the Administrator to 
                administer this Act, including to carry out--
                            ``(i) categorization of new chemical 
                        substances under section 5(b)(2), including the 
                        identification of information--
                                    ``(I) sufficiently robust to 
                                generally support the categorization of 
                                a new chemical substance as a substance 
                                of very low concern under section 
                                5(b)(2)(D)(iii)(II); and
                                    ``(II) in the absence of which the 
                                Administrator shall designate a new 
                                chemical substance to be a substance 
                                with insufficient information under 
                                section 5(b)(2)(D)(iv);
                            ``(ii) categorization of existing chemical 
                        substances under section 6(b)(3), including the 
                        identification of information--
                                    ``(I) sufficiently robust to 
                                generally support the categorization of 
                                an existing chemical substance as a 
                                substance of very low concern under 
                                section 6(b)(3)(B)(ii); and
                                    ``(II) in the absence of which the 
                                Administrator shall designate an 
                                existing chemical substance to be a 
                                substance with insufficient information 
                                under section 6(b)(3)(B)(iv);
                            ``(iii) assignment of chemical substances 
                        to priority classes under section 6(b)(4);
                            ``(iv) safety standard determinations--
                                    ``(I) for new uses of existing 
                                chemical substances under section 
                                5(b)(2); and
                                    ``(II) for chemical substances 
                                under section 6(d); and
                            ``(v) safety standard redeterminations 
                        under section 6(d)(5)(E).
            ``(2) Submission of minimum information set.--Each 
        manufacturer and processor of a chemical substance shall submit 
        the minimum information set for the chemical substance to the 
        Administrator--
                    ``(A) for new chemical substances, concurrent with 
                the notice required under section (5)(b)(1)(A); and
                    ``(B) for existing chemical substances, as 
                specified in section 6 or otherwise specified by the 
                Administrator in the rule promulgated pursuant to 
                paragraph (1)(A).
            ``(3) Prohibition.--In addition to any other authorities 
        available under this Act, the Administrator may, by order, take 
        any action authorized under section 6(f) if a manufacturer or 
        processor is in violation of paragraph (2).
    ``(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 appropriate for making any 
                determination or carrying out any provision of this 
                Act. Such testing may be required--
                            ``(i) to provide information in addition to 
                        the information specified in any applicable 
                        minimum information set under subsection (a); 
                        and
                            ``(ii) of persons to whom the Administrator 
                        decides not to apply a requirement to submit a 
                        minimum information set under subsection (a).
                    ``(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.--In addition to any other authorities 
        available under this Act, the Administrator may, by order, take 
        any action authorized under section 6(f) if a manufacturer or 
        processor is in violation of a rule or order under paragraph 
        (1).
            ``(4) Exemption.--If a manufacturer or processor ceases all 
        manufacture or processing of a chemical substance pursuant to 
        its submission of a declaration of cessation of manufacture or 
        processing under section 8(b)(4) for the 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 
                information 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 information 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 information.--Any rule or order 
                issued by the Administrator under this subsection may 
                require a manufacturer or processor to submit 
                preliminary information 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 information under 
                this subsection for health and environmental 
                information, including--
                            ``(i) information pertaining to 
                        carcinogenesis, mutagenesis, teratogenesis, 
                        behavioral disorders, or 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 information, including--
                                    ``(I) epidemiologic studies;
                                    ``(II) biomonitoring or 
                                environmental monitoring studies;
                                    ``(III) serial or hierarchical 
                                tests;
                                    ``(IV) in vitro tests;
                                    ``(V) whole animal tests, 
                                consistent with section 30; and
                                    ``(VI) any other methodology deemed 
                                appropriate by the Administrator.
                            ``(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 information 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 
        information.--
                    ``(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 
                information 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 information 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 information 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 information 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 
        information 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) information has been submitted to the 
                        Administrator in accordance with a rule or 
                        order under subsection (a) or (b); or
                            ``(ii) information is being developed in 
                        accordance with the rule or order; and
                    ``(B) submission of information by the applicant 
                for the substance would be duplicative of information 
                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 information for a chemical 
                substance, means a period that--
                            ``(i) begins on the date on which the test 
                        information 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); and
                                    ``(II) the date which, as 
                                determined by the Administrator, 
                                provides the applicant with a time 
                                period which is sufficient to develop 
                                the test information.
                    ``(B) Reimbursement for previously submitted test 
                information.--
                            ``(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 
                        information, 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 information, for a 
                                portion of the costs incurred by the 
                                person in complying with the 
                                information 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 
                information being developed in accordance with 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 information, 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 information 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 information 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 
        information.
            ``(2) Requirements.--Subject to section 14, each notice 
        shall--
                    ``(A) identify the chemical substance for which 
                information has 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 information; and
                    ``(C) describe the nature of the test information 
                developed.
            ``(3) Availability.--Subject to section 14, the 
        Administrator shall make the test information 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 information 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 information 
                available to the requesting agency or institution;
                    ``(B) issue a request under section 8(k) to 
                require--
                            ``(i) the submission of existing pertinent 
                        information to the Administrator; and
                            ``(ii) a copy of any such submission to be 
                        furnished to the requesting agency or 
                        institution;
                    ``(C) issue a rule or order under subsection (b)--
                            ``(i) to develop the information; and
                            ``(ii) to require the developed information 
                        to be furnished to the requesting agency or 
                        institution; or
                    ``(D) publish in the Federal Register the reason 
                for which none of the actions described in this 
                paragraph were taken.
    ``(g) Certification.--Each person who submits information under 
this section or under a rule or an order promulgated or issued by the 
Administrator under this section shall accompany the information with a 
certification signed by a responsible official 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 
        person.''.

SEC. 6. NEW CHEMICAL SUBSTANCES AND NEW USES OF CHEMICAL SUBSTANCES.

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

``SEC. 5. NEW CHEMICAL SUBSTANCES AND NEW USES OF CHEMICAL SUBSTANCES.

    ``(a) Definitions.--In this section:
            ``(1) Manufacture and process.--The terms `manufacture' and 
        `process' mean manufacture or process, respectively, for 
        commercial purposes.
            ``(2) Test marketing.--The term `test marketing' does not 
        include any provision of a chemical substance or mixture, or an 
        article containing a chemical substance or mixture, to an end 
        consumer of the chemical substance, mixture, or article.
    ``(b) New Chemical Substances.--
            ``(1) Notices.--Except as provided in subsection (h), no 
        person may manufacture a new chemical substance, or process the 
        chemical substance for a use that is proposed to meet the 
        criteria described in section 6(h)(2)(B), unless--
                    ``(A) the person submits to the Administrator a 
                notice, in accordance with subsection (g)(1)(A), of the 
                intention of the person to manufacture or process the 
                substance;
                    ``(B) the person complies with subsection (f); and
                    ``(C) the Administrator finds that--
                            ``(i) the new chemical substance is likely 
                        to meet the safety standard under section 6(d), 
                        which shall be limited to substances assigned 
                        by the Administrator to 1 of the categories 
                        described in paragraph (2)(D)(iii); or
                            ``(ii) the person has established by clear 
                        and convincing evidence that 1 or more uses of 
                        the new chemical substance meet the criteria 
                        described in section 6(h)(2)(B), in which 
                        case--
                                    ``(I) the Administrator may by 
                                order allow the person to manufacture 
                                or process the substance only for such 
                                use or uses in accordance with 
                                subparagraph (A) of section 6(h)(2);
                                    ``(II) the procedures and 
                                requirements specified in subparagraphs 
                                (A), (C), (D), and (E) of section 
                                6(h)(2) shall apply; and
                                    ``(III) the Administrator shall 
                                not, upon receipt of a notice of 
                                commencement for the chemical substance 
                                under subsection (d), add the chemical 
                                substance to the active inventory 
                                established under section 8(h)(1).
            ``(2) Categorization of new chemical substances.--
                    ``(A) Rule.--Not later than 1 year after the date 
                of enactment of the Safe Chemicals Act of 2011, the 
                Administrator shall promulgate a rule that--
                            ``(i) designates the categories in 
                        accordance with subparagraph (D) and specifies 
                        the process and criteria the Administrator will 
                        use to categorize new chemical substances; and
                            ``(ii) describes criteria and factors the 
                        Administrator will use to assess weight of 
                        evidence and the quality and reliability of 
                        information used to inform categorization 
                        decisions.
                    ``(B) Information sources.--In categorizing a new 
                chemical substance, the Administrator shall consider 
                information on the substance available to the 
                Administrator at the time the categorization decision 
                is to be made, including information--
                            ``(i) received by the Administrator from 
                        the manufacturer or processor of the substance 
                        in accordance with subsection (f);
                            ``(ii) submitted to a governmental body in 
                        another jurisdiction, to the extent that the 
                        information is accessible to the Administrator;
                            ``(iii) derived through application of 
                        validated structure-activity relationship or 
                        other models developed by the Administrator to 
                        estimate the environmental and human health 
                        effects, environmental and biological fate and 
                        behavior, and exposure potential of chemical 
                        substances;
                            ``(iv) inferred based on the degree of 
                        similarity of the structure or properties of 
                        the new chemical substance to those of 1 or 
                        more other chemical substances for which 
                        reliable information exists that is relevant to 
                        predicting the potential environmental or human 
                        health effects, environmental or biological 
                        fate and behavior, or exposure potential of the 
                        new chemical substance; and
                            ``(v) any additional information the 
                        Administrator determines is needed to 
                        categorize the substance, including information 
                        identified as needed based on the analysis by 
                        the Administrator of estimated or inferred 
                        information described in clauses (iii) and 
                        (iv).
                    ``(C) Timing.--Not later than 90 days after the 
                date of receipt of a notice under paragraph (1)(A), the 
                Administrator shall assign the new chemical substance 
                for which the notice was submitted to 1 of the 
                categories described in subparagraph (D).
                    ``(D) Categories.--
                            ``(i) In general.--The rule promulgated 
                        pursuant to subparagraph (A) shall incorporate, 
                        establish criteria for, and further specify as 
                        needed, the categories described in this 
                        subparagraph, to 1 of which each new chemical 
                        substance for which a notice is submitted 
                        pursuant to paragraph (1) shall be assigned.
                            ``(ii) Substances of very high concern.--
                                    ``(I) In general.--The 
                                Administrator shall designate as a 
                                substance of very high concern any new 
                                chemical substance that--
                                            ``(aa) is toxic, persists 
                                        in the environment, and is 
                                        bioaccumulative; or
                                            ``(bb) is highly hazardous.
                                    ``(II) Requirements.--
                                            ``(aa) In general.--The 
                                        Administrator shall allow the 
                                        submitter of a notice under 
                                        paragraph (1)(A) for a new 
                                        chemical substance assigned to 
                                        the category described in this 
                                        clause to manufacture or 
                                        process the new chemical 
                                        substance only in accordance 
                                        with paragraph (1)(C)(ii).
                                            ``(bb) Prohibition.--No 
                                        other person may manufacture or 
                                        process the chemical substance 
                                        unless the person has submitted 
                                        a notice pursuant to paragraph 
                                        (1) and the requirements of 
                                        paragraph (1)(C)(ii) have been 
                                        met with respect to that 
                                        notice.
                            ``(iii) Substances likely to meet the 
                        safety standard.--
                                    ``(I) In general.--
                                            ``(aa) The Administrator 
                                        shall designate as a substance 
                                        likely to meet the safety 
                                        standard any new chemical 
                                        substance that the 
                                        Administrator determines, based 
                                        on available information, would 
                                        likely meet the safety standard 
                                        under section 6(d)--

                                                    ``(AA) for uses and 
                                                under conditions 
                                                specified by the 
                                                submitter of the notice 
                                                for the new chemical 
                                                substance pursuant to 
                                                paragraph (1); or

                                                    ``(BB) for uses and 
                                                under additional 
                                                conditions that could 
                                                be specified by the 
                                                Administrator in making 
                                                a safety standard 
                                                determination for the 
                                                substance.

                                            ``(bb) The Administrator 
                                        shall assign to the category 
                                        described in item (aa) any new 
                                        chemical substance that meets 
                                        the criteria specified in 
                                        subclause (II) or (III).
                                    ``(II) Substances of very low 
                                concern.--
                                            ``(aa) In general.--Within 
                                        the category described in 
                                        subclause (I), the 
                                        Administrator shall designate 
                                        as a substance of very low 
                                        concern any new chemical 
                                        substance that, based on robust 
                                        information, the Administrator 
                                        determines possesses intrinsic 
                                        low-hazard properties so that 
                                        no further action by the 
                                        Administrator is warranted 
                                        unless and until the 
                                        Administrator receives new 
                                        information that warrants a 
                                        different categorization of the 
                                        chemical substance.
                                            ``(bb) Basis of 
                                        designation.--In identifying 
                                        new chemical substances to be 
                                        placed in the category 
                                        described in this subclause, 
                                        the Administrator shall base 
                                        the designation of a new 
                                        chemical substance as a 
                                        substance of very low concern 
                                        on the applicable minimum 
                                        information set required under 
                                        section 4, unless the 
                                        Administrator determines that 
                                        such designation of a 
                                        particular new chemical 
                                        substance--

                                                    ``(AA) can be made 
                                                to a high degree of 
                                                confidence based on 
                                                less information; or

                                                    ``(BB) requires 
                                                information in addition 
                                                to the full minimum 
                                                information set to 
                                                address conflicting or 
                                                ambiguous findings, in 
                                                which case the 
                                                Administrator may 
                                                require the development 
                                                and submission of the 
                                                additional information.

                                    ``(III) Substances to undergo 
                                safety standard determinations.--Within 
                                the category described in subclause 
                                (I), the Administrator shall designate 
                                as a substance to undergo a safety 
                                standard determination any new chemical 
                                substance that the Administrator 
                                determines, based on a screening of 
                                available use, hazard, and exposure 
                                information, has information available 
                                for the chemical substance that is 
                                sufficiently robust to determine that 
                                the chemical substance does not meet 
                                the criteria for the categories 
                                described in subclause (II) or clause 
                                (ii) or (iv).
                                    ``(IV) Requirement.--For a new 
                                chemical substance designated as likely 
                                to meet the safety standard pursuant to 
                                subclause (II) or (III), the 
                                Administrator shall, upon submission of 
                                a notice of commencement described in 
                                subsection (d)--
                                            ``(aa) add the chemical 
                                        substance to the active 
                                        inventory described in section 
                                        8(h)(1); and
                                            ``(bb) for a chemical 
                                        substance designated to undergo 
                                        a safety standard 
                                        determination, at the 
                                        discretion of the Administrator 
                                        accounting for timing of the 
                                        submission and workload 
                                        considerations, add the 
                                        chemical substance to the 
                                        current batch or hold the 
                                        substance until the next batch 
                                        of substances to be prioritized 
                                        in accordance with section 
                                        6(b)(4).
                                    ``(V) Manufacturing and 
                                processing.--Pending the completion of 
                                a safety standard determination under 
                                section 6(d), a chemical substance 
                                designated as a substance likely to 
                                meet the safety standard may be 
                                manufactured or processed for uses and 
                                under conditions specified by the 
                                Administrator in determining that the 
                                chemical substance is likely to meet 
                                the safety standard--
                                            ``(aa) by the submitter of 
                                        the notice for the chemical 
                                        substance submitted pursuant to 
                                        paragraph (1)(A), upon 
                                        submission of a notice for the 
                                        chemical substance pursuant to 
                                        subsection (d);
                                            ``(bb) by other 
                                        manufacturers of the chemical 
                                        substance, once the chemical 
                                        substance has been placed on 
                                        the active inventory described 
                                        in section 8(h)(1), upon 
                                        submission of a declaration for 
                                        the chemical substance pursuant 
                                        to section 8(b)(1)(B); or
                                            ``(cc) by processors of the 
                                        substance, upon compliance with 
                                        the requirements of section 
                                        8(e).
                            ``(iv) Substances with insufficient 
                        information.--
                                    ``(I) In general.--The 
                                Administrator shall designate as a 
                                substance with insufficient information 
                                any new chemical substance for which 
                                the Administrator concludes, after 
                                gathering and screening available use, 
                                hazard, and exposure information, that 
                                needed information for the chemical 
                                substance is not available, is 
                                insufficient, or is not of sufficient 
                                quality and reliability to allow for an 
                                informed categorization decision.
                                    ``(II) Required submission.--For 
                                substances designated under this 
                                clause, the Administrator shall require 
                                submission of the applicable minimum 
                                information set specified under section 
                                4 as needed to inform categorization 
                                decisionmaking for new chemical 
                                substances.
                                    ``(III) Recategorization.--
                                Following submission of the applicable 
                                minimum information set for the 
                                chemical substance pursuant to 
                                subclause (II), the Administrator shall 
                                recategorize the chemical substance 
                                using the categories and process 
                                described in this paragraph.
                                    ``(IV) Prohibition.--
                                Notwithstanding paragraph (1)(C)(ii), 
                                no person may manufacture or process a 
                                chemical substance designated under 
                                this clause until and unless the 
                                information described in subclause (II) 
                                has been submitted and the 
                                Administrator has recategorized the 
                                substance, at which time the provisions 
                                applicable to the category to which the 
                                substance has been assigned shall 
                                apply.
                            ``(v) Substances unlikely to meet the 
                        safety standard.--
                                    ``(I) In general.--The 
                                Administrator shall designate as a 
                                substance unlikely to meet the safety 
                                standard any new chemical substance 
                                that the Administrator determines, 
                                based on available information, would 
                                be unlikely to meet the safety standard 
                                under section 6(d)--
                                            ``(aa) for uses and under 
                                        conditions specified by the 
                                        submitter of the notice for the 
                                        chemical substance pursuant to 
                                        paragraph (1); or
                                            ``(bb) for other uses or 
                                        under additional conditions 
                                        that the Administrator may 
                                        evaluate in making a safety 
                                        standard determination for the 
                                        chemical substance.
                                    ``(II) Prohibition.--Except as 
                                provided under clause (ii), no person 
                                may manufacture or process a chemical 
                                substance designated under this clause.
    ``(c) New Uses of Existing Chemical Substances.--
            ``(1) 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(d), 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--
                            ``(i) the person submits to the 
                        Administrator the notice specified in 
                        subsection (g)(1)(B);
                            ``(ii) the person complies with subsection 
                        (f); and
                            ``(iii) such manufacturing or processing is 
                        consistent with subsection (b)(2)(D)(iii)(V).
                    ``(C) Guidance.--Not later than 90 days after the 
                date of enactment of the Safe Chemicals Act of 2011, 
                the Administrator shall issue guidance for the purpose 
                of identifying what constitute new uses and 
                significantly increased production volumes under this 
                paragraph.
            ``(2) 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(d) that the manufacturers and 
                processors of the chemical substance have established 
                that the substance meets the applicable safety 
                standard, no person may manufacture, process, 
                distribute in commerce, use, or dispose of the chemical 
                substance, or a mixture or article containing 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 person submits to the 
                        Administrator a notice in accordance with 
                        subsection (g)(1)(C) of the intention of the 
                        person to manufacture, process, distribute in 
                        commerce, use, or dispose of the chemical 
                        substance, or a mixture or article containing 
                        the chemical substance, for the new use or at a 
                        new production volume, or in such other manner 
                        that is inconsistent with a specified condition 
                        or term in the safety standard determination 
                        made by the Administrator for that substance; 
                        and
                            ``(ii) the Administrator determines that 
                        the person 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, new production volume, or other manner of 
                        manufacturing, processing, distribution in 
                        commerce, use, or disposal.
                    ``(B) Amendment to safety standard determination.--
                If the conditions described in clauses (i) and (ii) 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, 
                processing, distribution in commerce, use, or disposal 
                of the chemical substance.
                    ``(C) Safety standard determination.--
                            ``(i) In general.--Except as provided in 
                        clauses (ii) and (iii), not later than 180 days 
                        after the date of receipt of a notice pursuant 
                        to subparagraph (A)(i), the Administrator shall 
                        determine whether the person submitting the 
                        notice has established that the chemical 
                        substance will continue to meet the safety 
                        standard under section 6(d).
                            ``(ii) Extension.--The Administrator may 
                        extend the determination deadline under clause 
                        (i) by 1 or more additional periods not to 
                        exceed 1 year in the aggregate, in such manner 
                        as the Administrator determines necessary.
                            ``(iii) 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 subparagraph (A)(ii).
    ``(d) Notice of Commencement.--
            ``(1) In general.--Not later than 30 days after the date on 
        which a manufacturer or processor commences 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.
            ``(2) Requirements.--The notice of commencement shall--
                    ``(A) be considered equivalent to the declaration 
                required under subparagraph (A) or (C) of section 
                8(b)(2); and
                    ``(B) include the information described in section 
                8(b)(5).
            ``(3) Withdrawal.--A person who has submitted a notice for 
        a chemical substance under subsection (b) or (c), and has not 
        commenced with manufacture or processing of the substance, may 
        withdraw the notice.
    ``(e) Chemical Substances Exhibiting Special Substance 
Characteristics.--
            ``(1) Determination.--The Administrator shall determine by 
        order or rule that a variant of a chemical substance exhibiting 
        1 or more special substance characteristics--
                    ``(A) is a use that is separate from any use of the 
                chemical substance that does not exhibit the special 
                substance characteristics; or
                    ``(B) is a distinct chemical substance.
            ``(2) 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.
            ``(3) Requirements for variants that are distinct chemical 
        substances.--In the case of a chemical substance that the 
        Administrator determines to be a distinct chemical substance 
        based on the special substance characteristics of the chemical 
        substance, and that is not listed on the active inventory 
        established under section 8(h)(1), the manufacturer or 
        processor shall comply with the requirements of subsection (b).
    ``(f) 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 (b) or (c) if 
        the person is required to submit to the Administrator--
                    ``(A) under subsection (b) or (c), 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.
            ``(3) Timing.--Except as provided under subsection 
        (b)(2)(D)(iv), the Administrator may require a person subject 
        to an information requirement for a chemical substance under 
        this subsection or section 4 to submit the information--
                    ``(A) prior to and as a condition of the 
                Administrator assigning the substance to a category;
                    ``(B) as a condition of commencement of manufacture 
                or processing; or
                    ``(C) as a condition of exceeding a specified 
                manufacturing volume or expanding use of the substance.
    ``(g) Content and Availability of Notice.--
            ``(1) Content.--
                    ``(A) New chemical substances.--A notice under 
                subsection (b)(1) shall include--
                            ``(i) the chemical identity and any special 
                        substance characteristics of the chemical 
                        substance;
                            ``(ii) the identity and primary business 
                        location of the manufacturer;
                            ``(iii) the information described in 
                        section 8(h)(5)(B)(ii);
                            ``(iv) the minimum information set 
                        described in section 4(a), where applicable; 
                        and
                            ``(v) a statement that--
                                    ``(I) the new chemical substance is 
                                likely to meet the safety standard 
                                under section 6(d); or
                                    ``(II) the 1 or more uses proposed 
                                for the new chemical substance meet the 
                                criteria described in section 
                                6(h)(2)(B).
                    ``(B) New uses of existing chemical substances 
                prior to safety standard determination.--A notice under 
                subsection (c)(1) shall include all updates to the 
                declaration described in section 8(b)(2) and 
                information described in section 8(h)(5)(B)(ii) that is 
                relevant to the new use, new production volume, or 
                other new manner of manufacturing or processing.
                    ``(C) New uses of existing chemical substances that 
                meet the safety standard.--A notice under subsection 
                (c)(2) shall include--
                            ``(i) all updates to the declaration 
                        described in section 8(b)(2);
                            ``(ii) information described in section 
                        8(h)(5)(B)(ii) that is relevant to the new use, 
                        new production volume, or other new manner of 
                        manufacturing or processing;
                            ``(iii) all updates to the minimum 
                        information set described in section 4(a) 
                        relevant to the new use, new production volume, 
                        or other new manner of manufacturing or 
                        processing; and
                            ``(iv) a statement 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.
            ``(2) Availability.--Subject to section 14, the 
        Administrator shall make the notices 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 (b), 
        (c), or (d), or of data under subsection (f), the Administrator 
        shall make available on a publicly accessible Internet site a 
        notice that--
                    ``(A) identifies the chemical substance for which 
                notice or information has been received;
                    ``(B) lists the uses or intended uses of the 
                chemical substance;
                    ``(C) for substances for which a notice is 
                submitted under subsection (b)(1), is promptly updated 
                to specify the category to which the Administrator has 
                assigned the substance pursuant to subsection (b)(2) 
                once the assignment has been made;
                    ``(D) in the case of the receipt of data under 
                subsection (f), describes--
                            ``(i) the nature of the tests performed 
                        with respect to the chemical substance; and
                            ``(ii) any data that were received under 
                        subsection (f) or a rule or order under section 
                        4; and
                    ``(E) references the availability of the minimum 
                information set, where applicable.
            ``(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 a 
        notice has been received under subsection (b), (c), or (d).
    ``(h) Exemptions.--
            ``(1) Intrinsically safe substances.--
                    ``(A) Exemption.--
                            ``(i) In general.--If the Administrator 
                        determines that scientific consensus exists 
                        that the intrinsic properties of a new chemical 
                        substance are such that the chemical substance 
                        does not and would not pose any risk of injury 
                        to human health or the environment under any 
                        intended or reasonably anticipated levels of 
                        production, patterns of use, or exposures 
                        arising at any stage across the lifecycle of 
                        the chemical substance, the Administrator may, 
                        by order, exempt the chemical substance, or 
                        particular uses of such substances, from 1 or 
                        more of the requirements of this section.
                            ``(ii) Basis of determination.--A 
                        determination under clause (i)--
                                    ``(I) shall be based on 
                                consideration of the intrinsic 
                                properties of the chemical substance; 
                                and
                                    ``(II) shall not be based on 
                                findings or assumptions of low human or 
                                environmental exposure to such 
                                substances.
                    ``(B) Notice of determination and exemption.--Not 
                later than 30 days after providing an exemption 
                pursuant to subparagraph (A), the Administrator shall 
                publish in the Federal Register a notice that--
                            ``(i) subject to section 14, provides the 
                        specific identity of the chemical substance or 
                        category;
                            ``(ii) if a particular use of the chemical 
                        substance is exempted under subparagraph (A), 
                        describes the particular use of the chemical 
                        substance that the Administrator has exempted; 
                        and
                            ``(iii) explains and documents the basis 
                        for the determination and exemption of the 
                        Administrator.
                    ``(C) Reconsideration of exemption.--
                            ``(i) In general.--The Administrator may 
                        reconsider and revoke or modify any exemption 
                        provided under subparagraph (A) at any time if 
                        the Administrator determines that--
                                    ``(I) the conditions specified in 
                                subparagraph (A) are no longer met; or
                                    ``(II) such action is necessary to 
                                protect human health or the environment 
                                or is otherwise in the public interest.
                            ``(ii) Publication.--In the event of a 
                        revocation or modification under clause (i), 
                        the Administrator shall publish a notice of the 
                        grounds for the revocation.
                    ``(D) Prior regulatory exemptions.--
                            ``(i) Review.--
                                    ``(I) In general.--Not later than 
                                180 days after the date of enactment of 
                                the Safe Chemicals Act of 2011, the 
                                Administrator shall review exemptions 
                                that were granted pursuant to 
                                subsection (h)(4) of this section as in 
                                effect on the day before that date of 
                                enactment.
                                    ``(II) Effect of exemption.--An 
                                exemption described in subclause (I) 
                                shall continue to be in effect until 
                                the date on which the Administrator 
                                determines, by order, that--
                                            ``(aa) the exemption is not 
                                        appropriate under this section, 
                                        at which time the exemption 
                                        shall cease to be in effect; or
                                            ``(bb) the exemption is 
                                        appropriate under this section, 
                                        at which time the Administrator 
                                        may issue an order to modify or 
                                        continue in effect the 
                                        exemption pursuant to 
                                        subparagraph (A).
                            ``(ii) Polymeric chemical substances.--
                        Notwithstanding subparagraph (A) and any 
                        previously issued exemption applicable to 
                        polymeric chemical substances--
                                    ``(I) subsection (d) shall apply to 
                                new polymeric chemical substances 
                                eligible for the previously issued 
                                exemption--
                                            ``(aa) during the period 
                                        prior to a determination by the 
                                        Administrator pursuant to 
                                        clause (i) applicable to such 
                                        substances; and
                                            ``(bb) after a 
                                        determination by the 
                                        Administrator pursuant to 
                                        clause (i)(II)(bb) that 
                                        continuation of the prior 
                                        exemption is appropriate for 
                                        some or all such substances, 
                                        for such substances to which 
                                        the continuation applies; and
                                    ``(II) all of this section shall 
                                apply to new polymeric chemical 
                                substances eligible for the previously 
                                issued exemption after a determination 
                                by the Administrator pursuant to clause 
                                (i)(II)(aa) that continuation of the 
                                prior exemption is not appropriate for 
                                some or all such substances, for such 
                                substances to which the determination 
                                applies.
                    ``(E) No limitation on authority.--Nothing in this 
                paragraph limits or otherwise affects the authority of 
                the Administrator under any other provision of this 
                Act.
            ``(2) Test marketing purposes.--Subject to paragraph (6), 
        the Administrator may, upon application, exempt any person from 
        any requirement of subsection (b), (c), or (f) 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.
            ``(3) Equivalent chemical substances.--
                    ``(A) In general.--The Administrator shall, upon 
                application, fully or partially exempt any person from 
                the requirement to submit any data under subsection (b) 
                or (f) 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 
                        a period--
                                    ``(I) beginning 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) ending on the later of--
                                            ``(aa) the date that is 5 
                                        years after the date referred 
                                        to in subclause (I); or
                                            ``(bb) the expiration of 
                                        the period, which begins on the 
                                        date referred to in subclause 
                                        (I) and is equal to the period 
                                        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), 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 to 
                                the share of the market of the persons 
                                to be reimbursed.
            ``(4) Small quantities solely for experimentation, 
        research, and analysis.--
                    ``(A) In general.--If the conditions described in 
                subparagraph (B) are met, subsections (b), (c), and (f) 
                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 chemical substance or another chemical 
                        substance, including such research or analysis 
                        for the development of a product.
                    ``(B) Conditions.--All persons engaged in the 
                experimentation, research, or analysis 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.
            ``(5) Temporary existence.--Subject to paragraph (6), the 
        Administrator may, upon application, exempt from subsections 
        (b), (c), and (f) 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, human 
                or environmental exposure.
            ``(6) Publication.--
                    ``(A) In general.--As soon as practicable after the 
                date of receipt of an application under paragraph (2) 
                or (5), 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.
    ``(i) 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 required by the 
        applicable provision of this section or rule or order under 
        this section.''.

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

    (a) In General.--Section 6 of the Toxic Substances Control Act (15 
U.S.C. 2605) is amended--
            (1) by striking subsection (f);
            (2) by redesignating subsection (e) as subsection (i);
            (3) by striking the section heading and designation and all 
        that follows through subsection (d) and inserting the 
        following:

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

    ``(a) Batching.--
            ``(1) In general.--To ensure that an efficient and orderly 
        process and pace is established for the determination of safety 
        of chemical substances in commerce and the application of risk 
        management measures as needed, the Administrator shall 
        establish a system for assigning chemical substances into 
        batches in accordance with this subsection.
            ``(2) Requirements.--
                    ``(A) Timing.--Not later than 270 days after the 
                date of enactment of the Safe Chemicals Act of 2011, 
                and not less frequently than once every 5 years 
                thereafter until all chemical substances listed on the 
                active portion of the inventory established under 
                section 8(h)(1) have been assigned to a batch, the 
                Administrator shall assign chemical substances on the 
                active portion of the inventory to batches of chemical 
                substances under this subsection.
                    ``(B) Number.--Each batch established under this 
                subsection shall include a number of chemical 
                substances approximately equal to the number of 
                chemical substances for which reports are submitted to 
                the Administrator under the chemical data reporting 
                rule as of the date of enactment of the Safe Chemicals 
                Act of 2011.
                    ``(C) Publication.--The Administrator shall 
                publish, subject to section 14, the list of chemical 
                substances assigned to each batch promptly on 
                designation of the chemical substances to the batch.
            ``(3) Initial batch.--
                    ``(A) In general.--Subject to subparagraph (B), the 
                initial batch of chemical substances designated under 
                paragraph (2)(A) shall include the chemical substances 
                for which reports are submitted to the Administrator 
                under the chemical data reporting rule as of the date 
                of enactment of the Safe Chemicals Act of 2011.
                    ``(B) Inclusions and exclusions.--Notwithstanding 
                subparagraph (A), the Administrator may--
                            ``(i) include in the initial batch chemical 
                        substances that--
                                    ``(I) are manufactured at volumes 
                                below the threshold used under the 
                                chemical data reporting rule to 
                                designate chemical substances subject 
                                to basic reporting under that rule; but
                                    ``(II) are used or released into 
                                the environment in a manner that the 
                                Administrator determines warrants early 
                                evaluation; and
                            ``(ii) exclude from the initial batch 
                        chemical substances that--
                                    ``(I) are reported to the 
                                Administrator under the chemical data 
                                reporting rule; but
                                    ``(II) are used or released into 
                                the environment in a manner that the 
                                Administrator determines does not 
                                warrant early evaluation.
            ``(4) Subsequent batches.--The Administrator shall assign 
        chemical substances to subsequent batches in a manner that the 
        Administrator determines reflects the extent to which the 
        chemical substances warrant earlier or later evaluation.
    ``(b) Categorization and Prioritization.--
            ``(1) Regulations.--Not later than 1 year after the date of 
        enactment of the Safe Chemicals Act of 2011, the Administrator 
        shall promulgate regulations that--
                    ``(A) establish the categories and specify the 
                process and criteria the Administrator will use to 
                categorize chemical substances, which shall be 
                consistent with paragraph (3)(B), beginning with those 
                chemical substances assigned to the initial batch 
                described in subsection (a)(3);
                    ``(B) designate the process and criteria the 
                Administrator will use to prioritize chemical 
                substances that are placed in the category of chemical 
                substances to undergo safety standard determinations, 
                which shall be consistent with the priorities described 
                in paragraph (4);
                    ``(C) describe how the categorization and 
                prioritization process and criteria relate to, and take 
                into account, the categorization and prioritization 
                decisions made in other jurisdictions, including States 
                and foreign governments; and
                    ``(D) describe criteria and factors the 
                Administrator will use to weigh evidence and assess the 
                quality and reliability of information used to inform 
                categorization and prioritization decisions.
            ``(2) Information sources.--
                    ``(A) In general.--In making categorization and 
                prioritization decisions, the Administrator shall take 
                into consideration information regarding chemical 
                substances that is available to the Administrator at 
                the time the decisions are made, including information 
                that is--
                            ``(i) received by the Administrator from 
                        manufacturers or processors pursuant to 
                        requirements under section 8(b) and (c);
                            ``(ii) included in any minimum information 
                        set required under section 4;
                            ``(iii) submitted to the Administrator that 
                        is relevant to the categorization or 
                        prioritization of the chemical substance; and
                            ``(iv) identified through an active search 
                        by the Administrator of information sources 
                        that are publicly available or otherwise 
                        accessible to the Administrator.
                    ``(B) Information from manufacturers and 
                processors.--
                            ``(i) In general.--Subject to clause (ii), 
                        on designation by the Administrator under 
                        paragraph (3)(B)(iii) of a chemical substance 
                        safety standard determination, any manufacturer 
                        or processor of a designated chemical substance 
                        and any trade association or voluntary 
                        consortium that represents a manufacturer or 
                        processor of a designated chemical substance 
                        may provide to the Administrator information 
                        that--
                                    ``(I) relates to the chemical 
                                substances manufactured or processed by 
                                the applicable manufacturer or 
                                processor;
                                    ``(II) is in the possession of, or 
                                known to, the manufacturer, processor, 
                                trade association, or consortium; and
                                    ``(III) is not already available to 
                                the Administrator.
                            ``(ii) Requirement.--If a manufacturer, 
                        processor, trade association, or consortium 
                        elects to provide information to the 
                        Administrator under clause (i), the 
                        manufacturer, processor, trade association, or 
                        consortium shall provide all relevant 
                        information in the possession of, or known to, 
                        the manufacturer, processor, trade association, 
                        or consortium for each chemical substance 
                        designated by the Administrator that is 
                        manufactured or processed by the applicable 
                        manufacturer or processor.
                            ``(iii) Method of submission.--Information 
                        described in this subparagraph may be submitted 
                        to the Administrator by--
                                    ``(I) a manufacturer or processor--
                                            ``(aa) on an individual 
                                        basis; or
                                            ``(bb) through a trade 
                                        association or voluntary 
                                        consortium; and
                                    ``(II) a trade association or 
                                voluntary consortium that has developed 
                                relevant information on behalf of the 
                                manufacturers or processors of 
                                designated chemical substances 
                                represented by the trade association or 
                                voluntary consortium.
            ``(3) Categorization of chemical substances.--
                    ``(A) Timing.--
                            ``(i) Initial batch.--Not later than 180 
                        days after the date of promulgation of 
                        regulations pursuant to paragraph (1), the 
                        Administrator shall publish, subject to section 
                        14, the category assignments for the initial 
                        batch of chemical substances identified under 
                        subsection (a)(3), using the categories 
                        described in subparagraph (B).
                            ``(ii) Subsequent batches.--Not later than 
                        180 days after the date on which the 
                        Administrator designates each subsequent batch 
                        of chemical substances under subsection 
                        (a)(2)(A), the Administrator shall publish the 
                        category assignments for the chemical 
                        substances in the batch.
                    ``(B) Categories.--The regulation promulgated 
                pursuant to paragraph (1) shall incorporate, establish 
                criteria for, and further specify as needed, the 
                following categories into which chemical substances in 
                each batch shall be placed:
                            ``(i) Substances of very high concern.--
                                    ``(I) In general.--The 
                                Administrator shall designate as 
                                substances of very high concern those 
                                chemical substances--
                                            ``(aa) for which there is 
                                        evidence of widespread exposure 
                                        and that--

                                                    ``(AA) are toxic, 
                                                persist in the 
                                                environment, and are 
                                                bioaccumulative; or

                                                    ``(BB) are highly 
                                                hazardous;

                                            ``(bb) that are subject to 
                                        regulation under section 6 or 7 
                                        of this Act (as in effect on 
                                        the day before the date of 
                                        enactment of the Safe Chemicals 
                                        Act of 2011); or
                                            ``(cc) that are subject to 
                                        a voluntary phase-out, 
                                        administered by the 
                                        Administrator, that has been 
                                        completed or is underway at the 
                                        time the category designation 
                                        is made.
                                    ``(II) Information set.--A minimum 
                                information set, as specified under 
                                section 4, need not be submitted or 
                                otherwise available for a chemical 
                                substance to be designated a substance 
                                of very high concern under this clause.
                            ``(ii) Substances of very low concern.--
                                    ``(I) In general.--The 
                                Administrator shall designate as 
                                substances of very low concern those 
                                chemical substances that, based on 
                                robust information, the Administrator 
                                determines possess intrinsic low-hazard 
                                properties such that no further action 
                                by the Administrator is warranted, 
                                unless the Administrator receives new 
                                information that warrants a different 
                                categorization of the chemical 
                                substance.
                                    ``(II) Factors for consideration.--
                                In designating chemical substances to 
                                be placed in the very low concern 
                                category under this clause, the 
                                Administrator shall--
                                            ``(aa) take into 
                                        consideration whether chemical 
                                        substances in commerce have 
                                        received, as of the date of 
                                        enactment of the Safe Chemicals 
                                        Act of 2011, exemptions under 
                                        section 5 of this Act (as in 
                                        effect on the day before the 
                                        date of enactment of the Safe 
                                        Chemicals Act of 2011) based on 
                                        anticipated low intrinsic 
                                        hazard; and
                                            ``(bb) in general, base the 
                                        designation on a minimum 
                                        information set as required 
                                        under section 4, unless the 
                                        Administrator determines that 
                                        such designation of a 
                                        particular chemical substance--

                                                    ``(AA) can be made 
                                                to a high degree of 
                                                confidence based on 
                                                less information; or

                                                    ``(BB) requires 
                                                information in addition 
                                                to the full minimum 
                                                information set to 
                                                address conflicting or 
                                                ambiguous findings, in 
                                                which case the 
                                                Administrator may 
                                                require the development 
                                                and submission of the 
                                                additional information.

                            ``(iii) Substances to undergo safety 
                        standard determinations.--The Administrator 
                        shall designate as substances to undergo safety 
                        standard determinations those chemical 
                        substances that the Administrator determines--
                                    ``(I) based on a screening of 
                                available use, hazard, and exposure 
                                information, do not meet the criteria 
                                for the categories described in clauses 
                                (i) and (ii); and
                                    ``(II) are the subject of available 
                                information that is sufficiently robust 
                                to inform prioritization decisions to 
                                be made for the chemical substances 
                                under paragraph (4).
                            ``(iv) Substances with insufficient 
                        information.--
                                    ``(I) In general.--The 
                                Administrator shall designate as 
                                substances with insufficient 
                                information those chemical substances 
                                for which the Administrator determines, 
                                after gathering and screening available 
                                use, hazard, and exposure information, 
                                that information is not available, is 
                                insufficient, or is not of sufficient 
                                quality and reliability to allow for an 
                                informed categorization decision.
                                    ``(II) Minimum information set.--
                                            ``(aa) In general.--For 
                                        chemical substances designated 
                                        under this clause, the 
                                        Administrator shall require 
                                        submission of the applicable 
                                        minimum information set 
                                        specified under section 4 as 
                                        needed to inform categorization 
                                        decisionmaking.
                                            ``(bb) Timing.--The minimum 
                                        information set shall be 
                                        submitted to the 
                                        Administrator--

                                                    ``(AA) not later 
                                                than 5 years after the 
                                                date of enactment of 
                                                the Safe Chemicals Act 
                                                of 2011 for the initial 
                                                batch of chemical 
                                                substances identified 
                                                under subsection 
                                                (a)(3); and

                                                    ``(BB) not later 
                                                than 5 years after the 
                                                assignment of a 
                                                chemical substance to 
                                                the category under this 
                                                clause for subsequent 
                                                batches.

                                    ``(III) Recategorization.--
                                            ``(aa) In general.--After 
                                        submission of the minimum 
                                        information set for a chemical 
                                        substance pursuant to subclause 
                                        (I), the Administrator shall 
                                        recategorize the chemical 
                                        substance using the categories 
                                        and process described in this 
                                        paragraph.
                                            ``(bb) Discretion of 
                                        administrator.--The 
                                        Administrator, taking into 
                                        account the timing of the 
                                        submission and workload 
                                        considerations, may--

                                                    ``(AA) add a 
                                                chemical substance to a 
                                                current batch; or

                                                    ``(BB) hold the 
                                                chemical substance 
                                                until the next batch of 
                                                chemical substances for 
                                                recategorization.

            ``(4) Prioritization of chemical substances.--
                    ``(A) Timing.--
                            ``(i) Initial batch.--Not later than 270 
                        days after the date of promulgation of 
                        regulations pursuant to paragraph (1), the 
                        Administrator shall publish, subject to section 
                        14, the priority class assignments, using the 
                        priority classes described in subparagraph (B), 
                        for the chemical substances in the initial 
                        batch of chemical substances identified under 
                        subsection (a)(3) that the Administrator has 
                        assigned to the category of chemical substances 
                        to undergo safety standard determinations.
                            ``(ii) Subsequent batches.--Not later than 
                        270 days after the date on which the 
                        Administrator designates each subsequent batch 
                        of chemical substances under subsection 
                        (a)(2)(A), the Administrator shall publish the 
                        priority class assignments for the chemical 
                        substances in the batch that the Administrator 
                        has assigned to the category of chemical 
                        substances to undergo safety standard 
                        determinations.
                    ``(B) Criteria.--The criteria used by the 
                Administrator to assign chemical substances to priority 
                classes shall take into account--
                            ``(i) potential impacts of the chemical 
                        substance on human health and the environment;
                            ``(ii) the hazard potential of the chemical 
                        substance, including classifications and 
                        designations of hazard characteristics by other 
                        authoritative entities;
                            ``(iii) the potential for exposure to the 
                        chemical substance; and
                            ``(iv) measurements of exposure for a given 
                        pathway of exposure, if available and reliable, 
                        in preference to less direct indicators of, or 
                        surrogates for, exposure potential for the same 
                        pathway.
                    ``(C) Priority classes.--The regulations 
                promulgated pursuant to paragraph (1) shall establish 
                the following priority classes and criteria, and 
                further specify the process the Administrator will use 
                to assign to the priority classes the chemical 
                substances in each batch that the Administrator has 
                assigned to the category of chemical substances to 
                undergo safety standard determinations:
                            ``(i) Priority class 1.--
                                    ``(I) In general.--In each batch, 
                                the Administrator shall designate as 
                                Priority Class 1 those chemical 
                                substances that the Administrator 
                                determines warrant safety standard 
                                determinations in the near term.
                                    ``(II) Initial assignment.--The 
                                Administrator shall in each batch 
                                initially designate as Priority Class 1 
                                chemical substances that possess 
                                relatively greater hazard potential and 
                                for which there is evidence of more 
                                significant or widespread exposure.
                                    ``(III) Reassignment.--As safety 
                                standard determinations for the 
                                chemical substance are completed, the 
                                Administrator may designate as Priority 
                                Class 1 any chemical substance 
                                initially assigned to a lower priority 
                                class, including chemical substances--
                                            ``(aa) posing significant 
                                        hazard concerns but of less or 
                                        unknown exposure concern;
                                            ``(bb) posing significant 
                                        exposure concern but of less or 
                                        unknown hazard concern; or
                                            ``(cc) posing less hazard 
                                        and exposure concerns.
                                    ``(IV) Factors for consideration.--
                                In determining the number of chemical 
                                substances to be placed in Priority 
                                Class 1, the Administrator shall seek 
                                to balance considerations relating to--
                                            ``(aa) the number of 
                                        chemical substances for which 
                                        safety standard determinations 
                                        need to be conducted;
                                            ``(bb) the resources 
                                        available to the Administrator 
                                        for conducting safety standard 
                                        determinations; and
                                            ``(cc) the deadlines for 
                                        completion of safety standard 
                                        determinations specified in 
                                        subsection (d)(4).
                            ``(ii) Priority class 2.--
                                    ``(I) In general.--The 
                                Administrator shall designate as 
                                Priority Class 2 those chemical 
                                substances that the Administrator 
                                determines are of lower priority than 
                                Priority Class 1 substances with 
                                respect to the timing for conducting 
                                safety standard determinations.
                                    ``(II) Minimum information set.--
                                            ``(aa) In general.--For 
                                        chemical substances designated 
                                        under this clause, the 
                                        Administrator shall require 
                                        submission of the applicable 
                                        minimum information set 
                                        specified under section 4 as 
                                        needed to inform prioritization 
                                        decisionmaking.
                                            ``(bb) Timing.--The minimum 
                                        information set shall be 
                                        submitted to the 
                                        Administrator--

                                                    ``(AA) not later 
                                                than 5 years after the 
                                                date of enactment of 
                                                the Safe Chemicals Act 
                                                of 2011 for chemical 
                                                substances in the 
                                                initial batch 
                                                identified under 
                                                subsection (a)(3) that 
                                                are assigned to 
                                                Priority Class 2; and

                                                    ``(BB) not later 
                                                than 5 years after the 
                                                assignment of a 
                                                chemical substance to 
                                                Priority Class 2 under 
                                                this clause for 
                                                subsequent batches.

                                    ``(III) Reprioritization.--After 
                                submission of the minimum information 
                                set for a chemical substance under 
                                subclause (II), the Administrator 
                                shall, if warranted, recategorize or 
                                otherwise reprioritize the chemical 
                                substance using the priority classes 
                                and process described in this 
                                paragraph, together with other chemical 
                                substances in the batch undergoing 
                                prioritization at the time of the 
                                submission.
                                    ``(IV) Reprioritization to priority 
                                class 1.--As safety standard 
                                determinations are completed on 
                                Priority Class 1 chemical substances 
                                pursuant to subsection (d), the 
                                Administrator shall reprioritize 
                                Priority Class 2 substances as Priority 
                                Class 1 at a pace consistent with--
                                            ``(aa) the resources 
                                        available to the Administrator 
                                        for conducting safety standard 
                                        determinations; and
                                            ``(bb) the deadlines for 
                                        completion of safety standard 
                                        determinations specified in 
                                        subsection (d)(4).
                            ``(iii) Priority class 3.--
                                    ``(I) In general.--The 
                                Administrator shall designate as 
                                Priority Class 3 those chemical 
                                substances that the Administrator 
                                determines may be set aside for further 
                                assessment until such time as--
                                            ``(aa) safety standard 
                                        determinations are completed on 
                                        all Priority Class 1 and 2 
                                        substances; or
                                            ``(bb) new information 
                                        arises that warrants 
                                        reprioritization of such a 
                                        substance to a higher priority 
                                        class.
                                    ``(II) Minimum information set.--
                                            ``(aa) In general.--For a 
                                        chemical substance designated 
                                        under this clause, the 
                                        Administrator shall not require 
                                        submission of the applicable 
                                        minimum information set 
                                        specified under section 4 until 
                                        such time as the chemical 
                                        substance is reassigned to 
                                        Priority Class 1 or 2.
                                            ``(bb) Submission.--On 
                                        reassignment of a chemical 
                                        substance to Priority Class 1 
                                        or 2 under item (aa), the 
                                        minimum information set shall 
                                        be submitted to the 
                                        Administrator not later than 5 
                                        years after the date of the 
                                        reassignment.
                                    ``(III) Reprioritization.--After 
                                submission of the minimum information 
                                set for a chemical substance pursuant 
                                to subclause (II), the Administrator 
                                shall reprioritize the chemical 
                                substance using the priority classes 
                                and process described in this 
                                paragraph, together with chemical 
                                substances in the batch undergoing 
                                prioritization at the time of the 
                                submission.
                                    ``(IV) Reprioritization to priority 
                                classes 1 and 2.--In conjunction with 
                                the reprioritization by the 
                                Administrator of Priority Class 2 
                                substances as Priority Class 1, the 
                                Administrator shall reprioritize 
                                Priority Class 3 substances as Priority 
                                Class 1 or 2, at a pace consistent 
                                with--
                                            ``(aa) the resources 
                                        available to the Administrator 
                                        for conducting safety standard 
                                        determinations; and
                                            ``(bb) the deadlines for 
                                        completion of safety standard 
                                        determinations specified in 
                                        subsection (d)(4).
    ``(c) Treatment as Final Agency Action; No Judicial Review; 
Nondiscretionary Duty.--
            ``(1) In general.--The designation by the Administrator of 
        batches of chemical substances pursuant to subsection (a), the 
        assignment of chemical substances to categories pursuant to 
        subsection (b)(3), and the assignment of chemical substances to 
        priority classes pursuant to subsection (b)(4), including any 
        determination of the Administrator to include a specific 
        chemical substance in, or exclude a specific chemical substance 
        from, a designated batch, category, or priority class under 
        this section, shall not be--
                    ``(A) considered to be a final agency action for 
                the purpose of subchapter II of chapter 5, and chapter 
                7, of title 5, United States Code (commonly known as 
                `the Administrative Procedure Act'); or
                    ``(B) subject to judicial review.
            ``(2) Failure to act.--A failure by the Administrator to 
        designate or publish a list of chemical substances assigned to 
        a batch, category, or priority class in accordance with this 
        subsection shall be--
                    ``(A) considered to be a failure to perform a 
                nondiscretionary duty; and
                    ``(B) subject to judicial review.
    ``(d) Safety Standard Determinations for Chemical Substances.--
            ``(1) In general.--
                    ``(A) Application.--This paragraph applies to any 
                determination or redetermination regarding whether a 
                chemical substance meets the safety standards of this 
                Act.
                    ``(B) Responsibilities.--
                            ``(i) In general.--For purposes of this 
                        Act, each manufacturer and processor of a 
                        chemical substance shall at all times bear the 
                        burden of proof in any legal proceeding 
                        relating to a decision of the Administrator 
                        regarding whether the chemical substance meets 
                        the safety standard.
                            ``(ii) Duties.--For purposes of this Act--
                                    ``(I) it shall be the duty of the 
                                manufacturer or processor of a chemical 
                                substance to provide sufficient 
                                information for the Administrator to 
                                determine whether the chemical 
                                substance meets the safety standard; 
                                and
                                    ``(II) it shall be the duty of the 
                                Administrator to determine whether a 
                                chemical substance meets the safety 
                                standard.
            ``(2) Assessment of risk.--
                    ``(A) Assessment.--
                            ``(i) In general.--A chemical substance 
                        that undergoes a safety standard determination 
                        under this section may be manufactured, 
                        processed, or distributed in commerce only if 
                        the Administrator determines that the chemical 
                        substance--
                                    ``(I) meets the safety standard, 
                                taking into account any existing 
                                conditions or controls already in 
                                effect; or
                                    ``(II) can meet the safety standard 
                                for all or some uses through the 
                                imposition of additional conditions.
                            ``(ii) Requirement.--Any assessment of risk 
                        used to support a determination that a chemical 
                        substance meets the safety standard under 
                        clause (i) shall be conducted by employees of 
                        the Environmental Protection Agency who are 
                        competent to conduct such assessments.
                    ``(B) Safety standard.--
                            ``(i) In general.--The Administrator shall 
                        base a determination of whether a safety 
                        standard for a chemical substance has been met 
                        under subparagraph (A) solely on considerations 
                        of human health and the environment, including 
                        the health of vulnerable populations.
                            ``(ii) Considerations.--In making a safety 
                        standard determination under this subsection, 
                        for each chemical substance, the Administrator 
                        shall--
                                    ``(I) to the extent practicable, 
                                review and incorporate any available 
                                scientific information relating to the 
                                effect of cumulative exposure relevant 
                                to that chemical substance on human 
                                health and the environment; and
                                    ``(II) 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.
                    ``(C) Financial interests.--No person conducting an 
                assessment described in subparagraph (A), or a peer 
                review of such an assessment, may have a direct or 
                indirect financial interest in the outcome of the 
                assessment.
                    ``(D) Methodology.--
                            ``(i) In general.--Subject to clause (ii), 
                        the Administrator shall use the best available 
                        science when conducting an assessment described 
                        in subparagraph (A).
                            ``(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.
                    ``(E) Scope.--An assessment described in 
                subparagraph (A) shall address health or environmental 
                impacts including potential or demonstrated cancer and 
                noncancer endpoints.
                    ``(F) 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--
                            ``(i) the public; and
                            ``(ii) risk managers.
                    ``(G) 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 
                safety standard under subparagraph (A)(i), the 
                Administrator shall take into account any risk--
                            ``(i) that the chemical substance may pose 
                        in the United States, including risks involving 
                        long-range transport of the chemical substance 
                        in the environment; or
                            ``(ii) involving the import of articles and 
                        mixtures containing the chemical substance.
                    ``(H) 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 
                paragraph (1)(B).
                    ``(I) 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.
            ``(3) Information for safety standard determinations.--
                    ``(A) In general.--In making a safety standard 
                determination with respect to a chemical substance, the 
                Administrator--
                            ``(i) shall take into consideration 
                        information regarding the chemical substance 
                        that is already available to the Administrator 
                        at the time the determination is to be made, 
                        including information--
                                    ``(I) received by the Administrator 
                                from manufacturers or processors under 
                                this section or section 8;
                                    ``(II) contained in any minimum 
                                information sets previously required 
                                under section 4;
                                    ``(III) voluntarily submitted by 
                                manufacturers and processors in 
                                accordance with subsection (b)(2)(B);
                                    ``(IV) submitted by any other party 
                                to the Administrator that is relevant 
                                to the conduct of a safety standard 
                                determination of the chemical 
                                substance; or
                                    ``(V) identified through an active 
                                search by the Administrator of 
                                information sources that are publicly 
                                available or otherwise accessible to 
                                the Administrator;
                            ``(ii) shall require information needed to 
                        complete the applicable minimum information set 
                        for the chemical substance required under 
                        section 4(a);
                            ``(iii) may require, by regulation or order 
                        pursuant to section 4(b) or 8(e), manufacturers 
                        or processors of the chemical substance to 
                        develop and submit any additional information 
                        the Administrator determines is needed to 
                        conduct the safety standard determination of 
                        the chemical substance; and
                            ``(iv) shall take into consideration, but 
                        not rely on, assessments of safety or analyses 
                        of the effectiveness of existing control 
                        measures--
                                    ``(I) submitted to the 
                                Administrator by any party; or
                                    ``(II) conducted by a governmental 
                                entity in another jurisdiction.
            ``(4) Timing of safety standard determinations.--
                    ``(A) Priority class 1.--
                            ``(i) In general.--Beginning with chemical 
                        substances initially designated as Priority 
                        Class 1 under subsection (b)(4)(C)(i), the 
                        Administrator shall conduct safety standard 
                        determinations of all chemical substances 
                        assigned to the category of substances to 
                        undergo safety standard determinations pursuant 
                        to subsection (b)(3)(B)(iii).
                            ``(ii) Initial batch.--Not later than 5 
                        years after the date of enactment of the Safe 
                        Chemicals Act of 2011, the Administrator shall 
                        complete and publish safety standard 
                        determinations for all chemical substances 
                        designated as Priority Class 1 substances in 
                        the initial batch of chemical substances 
                        identified under subsection (a)(3).
                            ``(iii) Subsequent batches.--Not later than 
                        5 years after the date on which the 
                        Administrator designates chemical substances as 
                        Priority Class 1 in each subsequent batch of 
                        chemical substances under subsection (a)(2)(A), 
                        the Administrator shall complete and publish 
                        safety standard determinations for those 
                        Priority Class 1 substances in the batch.
                    ``(B) Priority classes 2 and 3.--
                            ``(i) In general.--Each chemical substance 
                        initially designated as Priority Class 2 or 3 
                        shall become subject to reprioritization and 
                        safety standard determinations in accordance 
                        with subsection (b)(4).
                            ``(ii) Reprioritization.--Not later than 5 
                        years after the date on which the Administrator 
                        designates a Priority Class 2 or 3 substance to 
                        be Priority Class 1, the Administrator shall 
                        complete and publish the safety standard 
                        determination on the chemical substance.
                    ``(C) Notice of overdue determination.--If the 
                Administrator fails to act by an applicable deadline 
                under subparagraph (A) or (B), each manufacturer and 
                processor of a chemical substance for which the 
                Administrator has failed to act shall provide to the 
                Administrator, the public, 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 regulation or order, a written 
                notice that a determination by the Administrator of the 
                safety of the chemical substance is pending.
                    ``(D) Failure of manufacturer or processor to meet 
                duties.--If a manufacturer or processor fails to meet 
                any duty under this paragraph for a chemical substance, 
                the Administrator, by order, may take any action 
                authorized under subsection (f).
            ``(5) Outcome of safety standard determinations.--
                    ``(A) Determination.--
                            ``(i) In general.--In making a safety 
                        standard determination for a chemical 
                        substance, the Administrator, by order, shall 
                        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) Concurrent publication.--The 
                        Administrator--
                                    ``(I) shall seek to publish safety 
                                standard determination and risk 
                                management decisions concurrently, to 
                                the maximum extent practicable; but
                                    ``(II) shall not unduly delay the 
                                issuance of any safety standard 
                                determination if more information or 
                                analysis is required to make a 
                                determination regarding risk 
                                management.
                            ``(iii) Other requirements.--The 
                        Administrator--
                                    ``(I) may publish safety standard 
                                determinations for chemical substances 
                                individually or in groups; but
                                    ``(II) shall publish completed 
                                determinations--
                                            ``(aa) not less frequently 
                                        than annually; and
                                            ``(bb) at a pace sufficient 
                                        to demonstrate steady progress 
                                        toward completing all such 
                                        safety standard determinations 
                                        within the required timeframe.
                            ``(iv) Public notice and comment.--The 
                        Administrator shall provide reasonable public 
                        notice and opportunity for comment on all 
                        published safety standard determinations 
                        through any reasonable means of publication and 
                        solicitation of comments, including electronic 
                        means.
                    ``(B) Positive safety standard determination 
                without new conditions.--If the Administrator 
                determines that a chemical substance meets the safety 
                standard for all current uses and under conditions 
                currently used, the Administrator shall specify in the 
                order--
                            ``(i) the allowed uses of the chemical 
                        substance, which shall be limited to the uses 
                        evaluated in the determination; and
                            ``(ii) conditions on the specified uses 
                        that are currently used and are to be followed 
                        to ensure the safety standard is met, including 
                        conditions relating to the manufacture, 
                        processing, use, distribution in commerce, or 
                        disposal of a chemical substance or mixture or 
                        article containing the chemical substance.
                    ``(C) Positive safety standard determination with 
                new conditions.--If the Administrator determines that a 
                chemical substance can only meet the safety standard 
                for a subset of all current uses or only under 
                conditions beyond those currently used, the 
                Administrator shall specify in the order--
                            ``(i) the allowed uses of the chemical 
                        substance, which shall be limited to the uses 
                        evaluated in the determination that the 
                        Administrator determines meet the safety 
                        standard; and
                            ``(ii) all current and all newly required 
                        conditions on the specified uses needed to 
                        ensure the safety standard is met, including 
                        conditions relating to the manufacture, 
                        processing, use, distribution in commerce, or 
                        disposal of a chemical substance or mixture or 
                        article containing the chemical substance, and 
                        any conditions described in subsection (f).
                    ``(D) Effective date for positive safety standard 
                determination.--
                            ``(i) Without new conditions.--Effective 
                        beginning on the date that is 90 days after the 
                        date of a determination by the Administrator 
                        under subparagraph (B), no person shall 
                        manufacture, process, or distribute in commerce 
                        the chemical substance subject to the 
                        determination, or any mixture or article 
                        containing the chemical substance, for any use 
                        or under any condition other than those 
                        specified in the determination order.
                            ``(ii) With new conditions.--Effective 
                        beginning on the date that is 18 months after 
                        the date of a determination by the 
                        Administrator under subparagraph (C), except as 
                        provided in clause (iii), no person shall 
                        manufacture, process, or distribute in commerce 
                        the chemical substance subject to the 
                        determination, or any mixture or article 
                        containing the chemical substance, for any use 
                        or under any condition other than those 
                        specified in the determination order.
                            ``(iii) Exceptional circumstance.--The 
                        Administrator may grant a manufacturer or 
                        processor of a chemical substance a 1-time 
                        extension of the deadline for complying with a 
                        restriction under clause (ii), for a period of 
                        not longer than 5 years after the date of the 
                        determination by the Administrator under 
                        subparagraph (C), if the manufacturer or 
                        processor demonstrates--
                                    ``(I) a compelling technological 
                                need to continue a restricted activity 
                                beyond the applicable 18-month time 
                                period; or
                                    ``(II) that a factor wholly beyond 
                                the control of the manufacturer or 
                                processor prevents compliance with the 
                                restriction within that 18-month time 
                                period.
                    ``(E) Redetermination.--
                            ``(i) In general.--The Administrator shall 
                        initiate a redetermination of whether a 
                        chemical substance meets the safety standard if 
                        new information or significant changes in 
                        manufacture, processing, use, or distribution 
                        in commerce of the chemical substance, or 
                        mixtures or articles containing the chemical 
                        substance, raise a credible question as to 
                        whether the chemical substance continues to 
                        meet the safety standard.
                            ``(ii) New methodologies.--The 
                        Administrator may initiate a redetermination of 
                        whether a chemical substance meets the safety 
                        standard if significant changes have occurred 
                        in the methodologies used in the initial safety 
                        standard determination such that a 
                        redetermination using the newer methodologies 
                        would provide a significantly improved 
                        determination of the safety of the chemical 
                        substance.
                            ``(iii) New information.--For a chemical 
                        substance for which a safety standard 
                        determination has been completed, the 
                        Administrator shall assess, on an ongoing 
                        basis, new information, including that obtained 
                        from reporting under section 8, to decide 
                        whether such information raises a credible 
                        question as to whether a chemical substance 
                        continues to meet the safety standard
                            ``(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 safety 
                                standard.
                                    ``(II) Basis.--A person shall 
                                include in a petition under this clause 
                                a description of the basis for 
                                requesting the redetermination.
                                    ``(III) Action by administrator.--
                                On receipt of a petition under this 
                                clause, 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.
                            ``(v) Deadline for completion.--Each 
                        redetermination carried out under this 
                        subparagraph shall be completed by not later 
                        than 3 years after the date of the decision to 
                        make the redetermination.
                    ``(F) Negative safety standard determination.--
                            ``(i) Restriction.--Except as provided in 
                        clause (ii) and subsection (h), effective 
                        beginning on the date that is 18 months after 
                        the date on which the Administrator makes a 
                        determination under this subsection that a 
                        chemical substance fails to meet the safety 
                        standard, regardless of whether additional 
                        restrictions on use or risk management 
                        conditions are imposed, no person shall 
                        manufacture, process, or distribute in commerce 
                        that chemical substance or any mixture or 
                        article containing the chemical substance.
                            ``(ii) Exceptional circumstance.--The 
                        Administrator may grant a manufacturer or 
                        processor of a chemical substance a 1-time 
                        extension of the deadline for complying with 
                        the restriction under clause (i), for a period 
                        of not longer than 5 years after the date of 
                        the determination by the Administrator under 
                        this subparagraph, if the manufacturer or 
                        processor demonstrates--
                                    ``(I) a compelling technological 
                                need to continue a restricted activity 
                                beyond the applicable 18-month time 
                                period; or
                                    ``(II) that a factor wholly beyond 
                                the control of the manufacturer or 
                                processor prevents compliance with the 
                                restriction within that 18-month time 
                                period.
    ``(e) Expedited Action for Substances of Very High Concern.--
            ``(1) Use and exposure assessment.--
                    ``(A) In general.--Not later than 180 days after 
                the date on which a chemical substance is assigned to 
                the category of substances of very high concern under 
                subsection (b)(3)(B)(i), the Administrator may require, 
                by order pursuant to section 8(g), the submission by 
                manufacturers or processors of the chemical substance 
                of any additional information the Administrator 
                determines to be necessary to conduct an expedited 
                assessment of the known uses of, and exposures to, the 
                chemical substance.
                    ``(B) Publication.--Not later than 1 year after the 
                date on which a chemical substance is assigned to the 
                category of substances of very high concern under 
                subsection (b)(3)(B)(i), the Administrator shall 
                complete and publish an identification and assessment 
                of the known uses of, and exposures to, the chemical 
                substance.
            ``(2) Exposure reduction.--
                    ``(A) Use restrictions and other conditions.--As 
                soon as practicable, but not later than 18 months, 
                after the date on which a chemical substance is 
                assigned to the category of substances of very high 
                concern under subsection (b)(3)(B)(i), the 
                Administrator shall impose, by order, use restrictions 
                and other conditions, including the conditions 
                specified in subsection (f), on the manufacturing, 
                processing, use, distribution in commerce, and disposal 
                of the chemical substance that the Administrator 
                determines to be necessary to achieve the maximum 
                practicable reduction in human or environmental 
                exposure to the chemical substance.
                    ``(B) Timing.--Except as provided in subparagraph 
                (C) and subsection (h), effective beginning on the date 
                that is 18 months after the date of issuance by the 
                Administrator of the order described in subparagraph 
                (A), no person shall manufacture, process, or 
                distribute in commerce the chemical substance subject 
                to the determination, or any mixture or article 
                containing the chemical substance, for any use or under 
                any condition other than those specified in the order 
                issued under subparagraph (A).
                    ``(C) Exceptional circumstance.--The Administrator 
                may grant a manufacturer or processor of a chemical 
                substance a 1-time extension of the deadline for 
                complying with the restriction under subparagraph (B), 
                for a period of not longer than 5 years after the date 
                of the determination by the Administrator under this 
                paragraph, if the manufacturer or processor 
                demonstrates--
                            ``(i) a compelling technological need to 
                        continue a restricted activity beyond the 
                        applicable 18-month time period; or
                            ``(ii) that a factor wholly beyond the 
                        control of the manufacturer or processor 
                        prevents compliance with the restriction within 
                        that 18-month time period.
            ``(3) Residual risk assessment.--Not later than 1 year 
        after the deadline specified in paragraph (2)(B), or of an 
        alternative deadline provided under paragraph (2)(C), the 
        Administrator shall--
                    ``(A) determine whether the chemical substance 
                meets the safety standard for the chemical substance, 
                taking into account the residual risk posed by 
                continued exposure to the chemical substance; and
                    ``(B) impose any additional restrictions on use or 
                other conditions under subsection (f) that the 
                Administrator determines to be necessary to ensure that 
                the chemical substance meets the safety standard.
    ``(f) Risk Management.--In issuing an order under subsection (d) or 
(e), the Administrator may impose conditions on the manufacture, 
processing, use, distribution in commerce, or disposal of a chemical 
substance, or mixture or article containing a chemical substance, 
including a requirement--
            ``(1) limiting the quantity of the chemical substance (or 
        mixture or article containing that chemical substance) that may 
        be manufactured, processed, or distributed in commerce;
            ``(2)(A) prohibiting the manufacturing, processing, or 
        distribution in commerce of the chemical substance (or mixture 
        or article containing that chemical substance) for a particular 
        use in a concentration in excess of a level specified by the 
        Administrator; or
            ``(B) limiting the quantity of the chemical substance (or 
        mixture or article containing that chemical 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;
            ``(3) that the chemical substance (or mixture, or article 
        containing that chemical 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) that manufacturers and processors of the chemical 
        substance (or mixture or article containing that chemical 
        substance)--
                    ``(A) make and retain records of the processes used 
                to manufacture or process the chemical substance (or 
                mixture or article containing that chemical substance); 
                and
                    ``(B) monitor or conduct tests that are reasonable 
                and necessary to ensure compliance with this Act;
            ``(5) prohibiting or otherwise regulating any manner or 
        method of commercial use of the chemical substance (or mixture 
        or article containing that chemical substance);
            ``(6) prohibiting or otherwise regulating any manner or 
        method of disposal of the chemical substance, mixture, or 
        article, by--
                    ``(A) the manufacturer or processor of the chemical 
                substance (or mixture or article containing that 
                chemical substance); or
                    ``(B) any other person that uses or disposes of the 
                chemical substance (or mixture or article containing 
                that chemical substance) for commercial purposes;
            ``(7) that the manufacturers and processors of the chemical 
        substance, mixture, or article develop a risk reduction 
        management plan, under subsection (h) or (e) of this section, 
        to achieve a risk reduction specified by the Administrator; or
            ``(8) that the Administrator otherwise determines is 
        appropriate.
    ``(g) 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 health or the 
        environment, the Administrator may require, by order, that the 
        manufacturer or processor submit to the Administrator a 
        description of the quality control procedures followed in the 
        manufacturing or processing of the chemical substance or 
        mixture.
            ``(2) Orders.--
                    ``(A) In general.--If the Administrator determines 
                that quality control procedures described in paragraph 
                (1) are inadequate to prevent a 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 chemical 
                                substance or mixture; and
                                    ``(II) to the extent reasonably 
                                ascertainable, any other person in 
                                possession of or exposed to the 
                                chemical substance or mixture;
                            ``(ii) to give public notice of the 
                        endangerment; and
                            ``(iii) to provide for the replacement or 
                        repurchase, as prescribed by the Administrator, 
                        of the chemical substance as the Administrator 
                        determines to be necessary to adequately 
                        protect human health or the environment.
    ``(h) Exemptions to Restrictions.--
            ``(1) Application.--This subsection applies to the 
        restrictions established under section 5(b)(1)(C)(ii)(I), 
        subsection (d)(5), and subsection (e).
            ``(2) Exemptions.--
                    ``(A) In general.--
                            ``(i) Request.--A person who manufacturers, 
                        processes, distributes in commerce, uses, or 
                        disposes of a chemical substance, or a mixture 
                        or article containing a chemical substance may 
                        request an exemption from any restriction 
                        referred to in paragraph (1) to which they are 
                        subject for a specified use of the chemical 
                        substance.
                            ``(ii) Order.--The Administrator may grant, 
                        by order, an exemption from any restriction 
                        referred to in paragraph (1) for a period of 
                        not longer than 5 years if the person has 
                        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, as compared to all 
                                available alternatives, provides a 
                                substantial 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 manufacturer or processor of the 
                        chemical substance shall provide a 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 renew, by 
                order, 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 may 
                        impose, by order, 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 on the use of a chemical substance 
                        exempted under this paragraph.
                            ``(ii) Compliance.--Effective immediately 
                        after the Administrator establishes conditions 
                        on an 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.--
                    ``(A) In general.--The restrictions referred to 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.
                    ``(B) Compliance.--The Administrator may utilize 
                the authorities contained in section 7 to address 
                potential threats to public health and the environment 
                from such articles.
            ``(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 extend, by order, the effective 
                date of the restriction by a period of not longer than 
                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.'';

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.''.

<DELETED>SEC. 9. REPORTING AND RETENTION OF INFORMATION.</DELETED>

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

<DELETED>``SEC. 8. REPORTING AND RETENTION OF INFORMATION.</DELETED>

<DELETED>    ``(a) Substance Identification, Declaration, and 
Information.--</DELETED>
        <DELETED>    ``(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).</DELETED>
        <DELETED>    ``(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--
        </DELETED>
                <DELETED>    ``(A) the chemical identity and any 
                special substance characteristics of the chemical 
                substance;</DELETED>
                <DELETED>    ``(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;</DELETED>
                <DELETED>    ``(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</DELETED>
                <DELETED>    ``(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--</DELETED>
                        <DELETED>    ``(i) the physical, chemical, and 
                        toxicological properties of the chemical 
                        substance;</DELETED>
                        <DELETED>    ``(ii) the annual production 
                        volume and known uses of, and exposure and fate 
                        information relating to, the chemical 
                        substance; and</DELETED>
                        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(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--
        </DELETED>
                <DELETED>    ``(A) at a minimum every 3 years; 
                and</DELETED>
                <DELETED>    ``(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--</DELETED>
                        <DELETED>    ``(i) demonstrates a new potential 
                        toxic effect of the chemical 
                        substance;</DELETED>
                        <DELETED>    ``(ii) corroborates previous 
                        information demonstrating or suggesting a toxic 
                        effect; or</DELETED>
                        <DELETED>    ``(iii) suggests a toxic effect at 
                        a lower dose than previously 
                        demonstrated.</DELETED>
        <DELETED>    ``(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).</DELETED>
        <DELETED>    ``(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).</DELETED>
<DELETED>    ``(b) Reports.--</DELETED>
        <DELETED>    ``(1) Requirement.--</DELETED>
                <DELETED>    ``(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--</DELETED>
                        <DELETED>    ``(i) making a safety standard 
                        determination with respect to a chemical 
                        substance under this title; or</DELETED>
                        <DELETED>    ``(ii) any other aspect of 
                        administering this Act.</DELETED>
                <DELETED>    ``(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.</DELETED>
                <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(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).</DELETED>
<DELETED>    ``(c) Inventory.--</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(3) Timing.--</DELETED>
                <DELETED>    ``(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.</DELETED>
                <DELETED>    ``(B) Publication.--The Administrator 
                shall first publish a list under subparagraph (A) not 
                later than 18 months after the effective date of this 
                Act.</DELETED>
        <DELETED>    ``(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.</DELETED>
<DELETED>    ``(d) Public Access to Significant Information.--
</DELETED>
        <DELETED>    ``(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--</DELETED>
                <DELETED>    ``(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</DELETED>
                <DELETED>    ``(B) procedures for use in maintaining 
                and updating the database.</DELETED>
        <DELETED>    ``(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--</DELETED>
                <DELETED>    ``(A) decisions made by the Administrator 
                under this title; and</DELETED>
                <DELETED>    ``(B) information submitted pursuant to 
                this title.</DELETED>
<DELETED>    ``(e) Records.--</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(2) Duration.--</DELETED>
                <DELETED>    ``(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.</DELETED>
                <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(3) Contents.--Records required to be maintained 
        under this subsection shall include--</DELETED>
                <DELETED>    ``(A) records of consumer allegations of 
                personal injury or harm to health;</DELETED>
                <DELETED>    ``(B) reports of occupational disease or 
                injury; and</DELETED>
                <DELETED>    ``(C) reports or complaints of injury to 
                the environment submitted to the manufacturer, 
                processor, or distributor in commerce from any 
                source.</DELETED>
<DELETED>    ``(f) Information in the Possession of Other Federal 
Agencies.--</DELETED>
        <DELETED>    ``(1) Synopses.--</DELETED>
                <DELETED>    ``(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.</DELETED>
                <DELETED>    ``(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.</DELETED>
                <DELETED>    ``(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.</DELETED>
                <DELETED>    ``(D) Updates.--At least once every 3 
                years, each Federal agency and Federal institution 
                shall--</DELETED>
                        <DELETED>    ``(i) update the synopsis of the 
                        agency and institution, respectively; 
                        and</DELETED>
                        <DELETED>    ``(ii) submit the updated synopsis 
                        to the Administrator.</DELETED>
        <DELETED>    ``(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.</DELETED>
<DELETED>    ``(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.</DELETED>
<DELETED>    ``(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--</DELETED>
        <DELETED>    ``(1) is accurate and reliable; and</DELETED>
        <DELETED>    ``(2) includes all material facts known to, in the 
        possession or control of, or reasonably ascertainable by the 
        manufacturer or processor.''</DELETED>
<DELETED>    ``(i) Definition of Manufacture and Process.--In this 
section, the terms `manufacture' and `process' mean manufacture and 
process, respectively, for commercial purposes.''.</DELETED>

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) Definitions.--In this section:
            ``(1) Known to, or reasonably ascertainable by.--The term 
        `known to, or reasonably ascertainable by' has the meaning 
        given the term in section 704.3 of title 40, Code of Federal 
        Regulations (or successor regulations).
            ``(2) Manufacture and process.--The terms `manufacture' and 
        `process' mean manufacture and process, respectively, for 
        commercial purposes.
    ``(b) Declarations of Chemical Substances in Commerce.--
            ``(1) Scope and criteria.--
                    ``(A) Scope.--The declarations described in this 
                subsection shall apply only to chemical substances in 
                commerce as of the date of enactment of the Safe 
                Chemicals Act of 2011.
                    ``(B) Criteria.--The following criteria shall apply 
                in identifying chemical substances to which the 
                declarations described in this subsection apply:
                            ``(i) Current commercial interest.--A 
                        chemical substance in which a manufacturer or 
                        processor has a current commercial interest 
                        shall include only chemical substances that the 
                        manufacturer or processor--
                                    ``(I) is currently manufacturing or 
                                processing; or
                                    ``(II) has manufactured or 
                                processed in the recent past and 
                                expects to manufacture or process again 
                                in the near future.
                            ``(ii) Potential commercial interest.--A 
                        chemical substance in which a manufacturer or 
                        processor has a potential commercial interest 
                        shall include only a chemical substance that 
                        may serve as a reasonable substitute for a 
                        chemical substance in which the manufacturer or 
                        processor has declared a current commercial 
                        interest.
                    ``(C) Guidance.--Not later than 90 days after the 
                date of enactment of the Safe Chemicals Act of 2011, 
                the Administrator shall issue guidance further 
                describing the criteria described in subparagraph (B) 
                and specifying the supporting information manufacturers 
                and processors are to include in declarations they 
                submit pursuant to paragraph (2) or (3) for chemical 
                substances in which they have a current or potential 
                commercial interest.
            ``(2) Declaration of current commercial interest in a 
        chemical substance.--
                    ``(A) In general.--Notwithstanding any other 
                provision of law, not later than 180 days after the 
                date of enactment of the Safe Chemicals Act of 2011, 
                each manufacturer of a chemical substance in which the 
                manufacturer has a current commercial interest shall 
                submit to the Administrator a declaration of the 
                interest for the chemical substance.
                    ``(B) Exclusions or exemptions.--Declarations are 
                required for all chemical substances in which a 
                manufacturer has a current commercial interest, 
                notwithstanding any exclusions or exemptions from other 
                notification or reporting requirements provided in any 
                other provision of this Act.
                    ``(C) Processors.--A processor of a chemical 
                substance in which the processor has a current 
                commercial interest that meets the criteria described 
                in paragraph (1)(B)(i) may voluntarily submit to the 
                Administrator a declaration for the chemical substance. 
                Such a declaration shall be submitted not later than 1 
                year after the date of enactment of the Safe Chemicals 
                Act of 2011.
            ``(3) Declaration of potential commercial interest in a 
        chemical substance.--
                    ``(A) A manufacturer or processor may voluntarily 
                submit to the Administrator, not later than 180 days 
                after the date of enactment of the Safe Chemicals Act 
                of 2011, a declaration for a chemical substance in 
                which the manufacturer or processor--
                            ``(i) does not have a current commercial 
                        interest; but
                            ``(ii) has a potential commercial interest 
                        that meets the criteria described in paragraph 
                        (1)(B)(ii).
                    ``(B) If a manufacturer or processor commences the 
                manufacture or processing of a chemical substance for 
                which it submitted a declaration under this paragraph, 
                the manufacturer or processor shall comply with the 
                requirements of subsection (h)(5)(B).
            ``(4) Declaration of cessation of manufacturing or 
        processing.--A former or current manufacturer or processor of a 
        chemical substance in which the manufacturer or processor no 
        longer has a commercial interest may voluntarily submit to the 
        Administrator, not later than 180 days after the date of 
        enactment of the Safe Chemicals Act of 2011, a declaration that 
        the manufacturer or processor has ceased, or will cease not 
        later than 180 days after the date on which the declaration is 
        submitted, all production, importation, processing, and export 
        of the chemical substance.
            ``(5) Contents.--A declaration submitted under this 
        subsection shall include for each chemical substance--
                    ``(A) the chemical identity and any special 
                substance characteristics of the chemical substance;
                    ``(B) the identity and primary business location of 
                the manufacturer or processor; and
                    ``(C) information supporting the declarant's basis 
                for meeting the applicable criteria under paragraph 
                (1)(B).
            ``(6) Review by administrator.--
                    ``(A) In general.--The Administrator shall--
                            ``(i) review each declaration received 
                        under this subsection to determine whether the 
                        declaration conforms to the criteria and 
                        requirements of this subsection; and
                            ``(ii)(I) for a chemical substance for 
                        which 1 or more conforming declarations are 
                        submitted under paragraph (2), add the chemical 
                        substance to the list of active chemical 
                        substances in the inventory established under 
                        subsection (h)(1);
                            ``(II) for a chemical substance for which 
                        the only conforming declarations submitted for 
                        the substance are submitted under paragraph 
                        (3), add the chemical substance to the list of 
                        inactive chemical substances in the inventory 
                        established under subsection (h)(5); and
                            ``(III) for a chemical substance for which 
                        the only conforming declarations submitted for 
                        the substance are submitted under paragraph 
                        (4), or for which no declaration has been 
                        submitted, remove the chemical substance from 
                        the inventories established under subsection 
                        (h).
                    ``(B) Revisions.--The Administrator shall allow a 
                manufacturer or processor, as applicable, to promptly 
                revise and resubmit any declaration submitted to the 
                Administrator under this subsection if the 
                Administrator determines that any omission or error in 
                the original declaration was not intentional.
    ``(c) Periodic Reporting by Manufacturers.--
            ``(1) In general.--The Administrator shall--
                    ``(A) maintain the periodic reporting program of 
                the agency applicable to manufacturers of chemical 
                substances set forth in part 711 of title 40, Code of 
                Federal Regulations (as in effect on the date of 
                enactment of the Safe Chemicals Act of 2011), unless 
                such reporting requirements are superseded pursuant to 
                subparagraph (B); or
                    ``(B) establish a new periodic reporting program 
                consistent with this subsection.
            ``(2) Rulemaking.--
                    ``(A) In general.--Not later than 180 days after 
                the date of enactment of the Safe Chemicals Act of 
                2011, the Administrator shall specify, by rule--
                            ``(i) the chemical substances for which 
                        periodic reporting is required; and
                            ``(ii) the information a chemical 
                        manufacturer is required to submit to the 
                        Administrator for the chemical substances 
                        included under the periodic reporting program.
                    ``(B) Exemptions.--The rule promulgated under 
                subparagraph (A) may exempt certain manufacturers, 
                including small manufacturers, from--
                            ``(i) a requirement to participate in the 
                        periodic reporting program, if the 
                        Administrator determines that the participation 
                        of those manufacturers would not assist in the 
                        administration of this Act; or
                            ``(ii) specific reporting requirements, if 
                        the Administrator determines that the value of 
                        a particular reporting requirement, for the 
                        administration of this Act, would not be 
                        commensurate with the burden of the requirement 
                        on submitters.
                    ``(C) Contents.--The rule promulgated under 
                subparagraph (A) shall, at a minimum, require each 
                manufacturer of a chemical substance included in the 
                periodic reporting program to submit to the 
                Administrator--
                            ``(i) the chemical identity and any special 
                        substance characteristics of the chemical 
                        substance, the identity and primary business 
                        location of the manufacturer, and any updates 
                        to the supporting information submitted by the 
                        manufacturer in any declaration for an included 
                        chemical substance submitted under subsection 
                        (b);
                            ``(ii) a list of health and safety studies 
                        conducted or initiated by or for, known to, or 
                        reasonably ascertainable by, the manufacturer 
                        with respect to each included chemical 
                        substance;
                            ``(iii) a copy of each study described in 
                        clause (ii) in the possession or control of the 
                        manufacturer that has not previously been 
                        submitted to the Administrator; and
                            ``(iv) all other information specified by 
                        the Administrator in the rules promulgated 
                        under this subsection that is 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 manufacturer's annual 
                                production volume of the chemical 
                                substance;
                                    ``(III) the uses of, and exposure 
                                and fate information relating to the 
                                manufacturer's production or import of 
                                the chemical substance; and
                                    ``(IV) the name and location of 
                                each facility to which the manufacturer 
                                sends the chemical substance after 
                                manufacture for subsequent processing, 
                                distribution, or use.
    ``(d) Records to Support Declarations and Periodic Reports.--
            ``(1) In general.--Each manufacturer and processor of a 
        chemical substance that is distributed in commerce shall--
                    ``(A) maintain records of the information submitted 
                to the Administrator under subsections (b) and (c), as 
                well as supporting information; and
                    ``(B) submit those records or that information to 
                the Administrator upon request by the Administrator.
            ``(2) Burden of proof.--Each manufacturer and processor 
        that submits to the Administrator a declaration under 
        subsection (b) or a notice under subsection (h)(5)(B) shall at 
        all times bear the burden of proving that the manufacturer or 
        processor--
                    ``(A) has a current or potential commercial 
                interest in the applicable chemical substance; or
                    ``(B) has ceased the production, importation, 
                processing, and export of, the applicable chemical 
                substance.
    ``(e) Substance Identification and Information for Chemical 
Processors.--
            ``(1) Rulemaking.--
                    ``(A) In general.--Not later than 1 year after the 
                date of enactment of the Safe Chemicals Act of 2011, 
                the Administrator shall specify, by rule, the 
                information that chemical processors are required to 
                submit for chemical substances under this subsection as 
                will assist the Administrator in the administration of 
                this Act.
                    ``(B) Exemptions.--The rule promulgated under this 
                paragraph may exempt certain processors, including 
                small processors, from--
                            ``(i) a requirement to participate in the 
                        periodic reporting program, if the 
                        Administrator determines that the participation 
                        of those processors would not assist in the 
                        administration of this Act; or
                            ``(ii) specific reporting requirements, if 
                        the Administrator determines that the value of 
                        a particular reporting requirement, for the 
                        administration of this Act, would not be 
                        commensurate with the burden of the requirement 
                        on submitters.
            ``(2) Information requirements.--The rule promulgated under 
        paragraph (1) shall--
                    ``(A) specify the information that processors are 
                required to submit for chemical substances that are--
                            ``(i) processed for use in 1 or more 
                        consumer or commercial product categories, as 
                        determined by the Administrator; and
                            ``(ii) intentionally added to 1 or more 
                        products during processing and not incidental 
                        to the end uses of the products;
                    ``(B) require each processor of a chemical 
                substance identified under subparagraph (A) to submit 
                the information specified in clauses (i) through (iii) 
                of subparagraph (C) for the chemical substance, and to 
                submit the information specified in clauses (iv) 
                through (viii) of subparagraph (C)--
                            ``(i) separately for each applicable 
                        consumer and commercial product category; and
                            ``(ii) in aggregate form, taking into 
                        account the use by the processor of the 
                        chemical substance in all product categories;
                    ``(C) require each processor of a chemical 
                substance identified under subparagraph (A) to identify 
                in the submission of the processor--
                            ``(i) the corporate name and primary 
                        business location of the processor;
                            ``(ii) the chemical identity and any 
                        special substance characteristics of the 
                        chemical substance;
                            ``(iii) the applicable consumer or 
                        commercial product category or categories for 
                        which the processor processes the chemical 
                        substance;
                            ``(iv) the annual volume of the chemical 
                        substance processed by the submitter;
                            ``(v) any products intended for use by 
                        children aged 14 years or younger for use in 
                        which the processor processes the chemical 
                        substance;
                            ``(vi) the concentration range within which 
                        the maximum concentration of the substance used 
                        in each consumer and commercial product 
                        category falls;
                            ``(vii) the range within which the total 
                        number of commercial workers reasonably likely 
                        to be exposed to the chemical substance at the 
                        processing site falls; and
                            ``(viii) any other information regarding 
                        processing activities or product descriptors 
                        relating to the processor's processing of the 
                        chemical substance identified by the 
                        Administrator as necessary to understand the 
                        potential exposure from processed chemical 
                        substances or products in which the chemical 
                        substances are used; and
                    ``(D) require each processor to periodically report 
                the information described in subparagraphs (B) and (C) 
                for the chemical substances described in subparagraph 
                (A).
            ``(3) Records.--The rules promulgated under paragraph (1) 
        shall require processors of chemical substances to which those 
        rules apply--
                    ``(A) to maintain records of the information 
                described in paragraph (2); and
                    ``(B) to submit those records to the Administrator 
                upon request by the Administrator.
    ``(f) Updating of Information.--
            ``(1) In general.--Each manufacturer or processor of a 
        chemical substance that submits information to the 
        Administrator under subsection (c) or (e) shall update the 
        information--
                    ``(A) at a minimum every 4 years; and
                    ``(B) at any time that--
                            ``(i) the manufacturer or processor obtains 
                        knowledge of, comes into possession of, or 
                        generates significant new information regarding 
                        the production, processing, use, distribution, 
                        hazard, or exposure potential of the chemical 
                        substance; or
                            ``(ii) there is a significant change in the 
                        production, distribution in commerce, or use of 
                        the chemical substance by or known to the 
                        manufacturer or processor.
            ``(2) Guidance.--Not later than 1 year after the date of 
        enactment of the Safe Chemicals Act of 2011, the Administrator 
        shall issue guidance on what constitutes significant new 
        information regarding or significant changes in the production, 
        distribution in commerce, or use of a chemical substance.
    ``(g) 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, or 
                a mixture or article containing the chemical substance 
                to maintain records of and report by a specified date 
                any existing 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;
                            ``(ii) determining testing or information 
                        needs for a chemical substance;
                            ``(iii) assigning a chemical substance to a 
                        batch, category, or priority class pursuant to 
                        section 6;
                            ``(iv) evaluating, developing, and 
                        implementing risk management conditions for a 
                        chemical substance;
                            ``(v) assessing hazards, exposures, or 
                        risks related to the manufacture, use, 
                        distribution, processing, or disposal of a 
                        chemical substance;
                            ``(vi) determining compliance with any 
                        provision of this Act; or
                            ``(vii) 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) Exemptions.--
                    ``(A) 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 a rule or order under paragraph (1) only to 
                the extent that the Administrator determines that the 
                maintenance of records, submission of reports, or both, 
                is necessary for the effective enforcement of this Act.
                    ``(B) Small business.--The rules promulgated under 
                this subsection may exempt certain small businesses 
                from the rules promulgated under this subsection, if 
                the Administrator determines that the participation of 
                those small businesses would not assist in the 
                administration of this Act.
    ``(h) Inventories.--
            ``(1) Active inventory.--The Administrator shall compile, 
        keep current, and, subject to section 14, publish a list of 
        each chemical substance that is manufactured or processed in 
        the United States.
            ``(2) Contents.--
                    ``(A) In general.--The list shall consist of those 
                chemical substances for which--
                            ``(i) a notice is submitted under section 
                        5(d), consistent with the requirements of 
                        section 5(b); or
                            ``(ii) a valid declaration is submitted 
                        under paragraph (2) of subsection (b).
                    ``(B) Exclusions.--The list shall not include--
                            ``(i) any chemical substance for which the 
                        only declarations submitted are submitted under 
                        paragraph (3) or (4) of subsection (b), or for 
                        which no declaration has been submitted; or
                            ``(ii) any chemical substance for which an 
                        exemption has been granted under section 
                        5(b)(1)(C)(ii) or section 6(h)(2).
            ``(3) Timing.--
                    ``(A) In general.--Except as provided in paragraph 
                (2)(B), for a chemical substance for which a notice is 
                submitted under section 5(d), the chemical substance 
                shall be included in the list established under 
                paragraph (1) 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 paragraph (1) not later than 1 
                year after the date of enactment of the Safe Chemicals 
                Act of 2011.
            ``(4) Small quantities for research or analysis.--The 
        Administrator shall not include in the list established under 
        paragraph (1) 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 
        research or analysis for the development of a product.
            ``(5) Inactive inventory.--
                    ``(A) In general.--The Administrator shall compile, 
                keep current, and, subject to section 14, publish an 
                inactive list on which the Administrator shall include 
                each chemical substance for which the only declarations 
                submitted for the substance are submitted under 
                subsection (b)(3).
                    ``(B) Requirements.--If a manufacturer or processor 
                commences the manufacture or processing of a chemical 
                substance on the inactive list, the manufacturer or 
                processor shall--
                            ``(i) not less than 30 days before 
                        recommencing the manufacture or processing of 
                        the chemical substance, notify the 
                        Administrator; and
                            ``(ii) provide with the notification under 
                        clause (i)--
                                    ``(I) the chemical identity and any 
                                special substance characteristics of 
                                the chemical substance;
                                    ``(II) the identity and primary 
                                business location of the manufacturer;
                                    ``(III) 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;
                                    ``(IV) upon request of the 
                                Administrator, a copy of each study 
                                described in subclause (III) in the 
                                possession or control of the 
                                manufacturer that has not previously 
                                been submitted to the Administrator;
                                    ``(V) the projected annual 
                                manufacturing or processing volume for 
                                the chemical substance for each of the 
                                subsequent 3 years;
                                    ``(VI) the name and location of 
                                each facility to which the chemical 
                                substance is expected to be sent, after 
                                manufacture or processing, for 
                                subsequent processing, distribution in 
                                commerce, or use; and
                                    ``(VII) all other existing 
                                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--
                                            ``(aa) the toxicological 
                                        properties of the chemical 
                                        substance; and
                                            ``(bb) the uses of, and 
                                        exposure and fate information 
                                        relating to, the chemical 
                                        substance.
                    ``(C) Administrator actions.--For any chemical 
                substance for which the Administrator receives a valid 
                notification under subparagraph (B), the Administrator 
                shall promptly--
                            ``(i) move the chemical substance to the 
                        active inventory established under paragraph 
                        (1); and
                            ``(ii) add the chemical substance to the 
                        current batch of chemical substances identified 
                        pursuant to section 6(a), and categorize the 
                        chemical substance with other chemical 
                        substances in the batch, pursuant to section 
                        6(b).
                    ``(D) Administration.--Disclosure of any 
                information provided in the notice described in 
                subparagraph (B) shall be subject to section 14.
            ``(6) Chemicals not listed on or removed from the 
        inventories.--If a manufacturer or processor seeks to commence 
        the manufacture or processing of a chemical substance that is 
        not listed on the inventories established under paragraph (1) 
        or (5), or that has been removed from the inventories pursuant 
        to subsection (b)(6)(A)(ii)(III), the manufacturer or processor 
        shall comply with section 5.
    ``(i) 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 the 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 for 
        decisions made or information submitted after that 18-month 
        period, not later than 90 days after the date on which a 
        decision is made by the Administrator or information submitted 
        under this title is received by the Administrator, 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.
    ``(j) Records of Significant Adverse Reactions.--
            ``(1) In general.--Any person that manufactures, processes, 
        or distributes in commerce any chemical substance shall 
        maintain, and on request submit to the Administrator, records 
        of significant adverse reactions to human health or the 
        environment, as determined by the Administrator by rule, 
        alleged to have been caused by the substance or mixture.
            ``(2) Duration.--
                    ``(A) In general.--Records of the adverse reactions 
                to the health of employees shall be retained for a 
                period of 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 record of other adverse 
                reactions shall be retained for a period of 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.
    ``(k) Information in the Possession of Other Federal Agencies.--
            ``(1) Synopses.--
                    ``(A) In general.--Notwithstanding any other 
                provision of law, 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 the administrator.--Notwithstanding any 
        other provision of law, 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 submitted to the 
        Administrator.
    ``(l) 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.
    ``(m) 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 (k), shall be accompanied by a certification signed by a 
responsible official of the manufacturer, processor, distributor, user, 
or disposer of a chemical substance that each statement contained in 
the submission--
            ``(1) is accurate and reliable; and
            ``(2) includes all material facts required by the 
        applicable provision of this section or rule or order under 
        this section.
    ``(n) Administration.--
            ``(1) In general.--Nothing in this section limits the 
        authority of the Administrator to require reporting under any 
        other provision of this Act by any person who manufactures, 
        processes, distributes in commerce, uses, or disposes of a 
        chemical substance, or a mixture or article containing a 
        chemical substance.
            ``(2) Violations.--In addition to all other authorities 
        available for the enforcement of this Act, the Administrator 
        may, by order, take any action authorized under section 6(f) if 
        a person who manufactures, processes, distributes in commerce, 
        uses, or disposes of a chemical substance, or a mixture or 
        article containing a chemical substance violates any provision 
        of this section.''.

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).''.

<DELETED>SEC. 14. DISCLOSURE OF DATA.</DELETED>

<DELETED>    Section 14 of the Toxic Substances Control Act (15 U.S.C. 
2613) is amended--</DELETED>
        <DELETED>    (1) by redesignating subsections (a) through (e) 
        as subsections (c) through (g), respectively;</DELETED>
        <DELETED>    (2) by inserting before subsection (c) (as 
        redesignated by paragraph (1)), the following:</DELETED>
<DELETED>    ``(a) Agency Responsibilities.--The Administrator shall 
ensure that--</DELETED>
        <DELETED>    ``(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</DELETED>
        <DELETED>    ``(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.</DELETED>
<DELETED>    ``(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').'';</DELETED>
        <DELETED>    (3) in subsection (c) (as redesignated by 
        paragraph (1))--</DELETED>
                <DELETED>    (A) in the subsection heading, by striking 
                ``In General'' and inserting ``Disclosure of Certain 
                Information'';</DELETED>
                <DELETED>    (B) by striking ``subsection (b)'' and 
                inserting ``subsection (d)'';</DELETED>
                <DELETED>    (C) by redesignating paragraphs (3) and 
                (4) as paragraphs (4) and (5), respectively;</DELETED>
                <DELETED>    (D) by inserting after paragraph (2) the 
                following:</DELETED>
        <DELETED>    ``(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</DELETED>
                <DELETED>    (E) in paragraph (4) (as redesignated by 
                subparagraph (B)), by striking ``an unreasonable risk 
                of injury'' and inserting ``an imminent and substantial 
                endangerment'';</DELETED>
        <DELETED>    (4) in subsection (d) (as redesignated by 
        paragraph (1))--</DELETED>
                <DELETED>    (A) in the subsection heading, by striking 
                ``Data From Health and Safety Studies'' and inserting 
                ``Information Not Eligible for Protection'';</DELETED>
                <DELETED>    (B) by striking paragraph (1) and 
                inserting the following:</DELETED>
        <DELETED>    ``(1) Ineligible information.--</DELETED>
                <DELETED>    ``(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:</DELETED>
                        <DELETED>    ``(i) The identity of a chemical 
                        substance, except as provided in section 
                        5.</DELETED>
                        <DELETED>    ``(ii) Any safety standard 
                        determination developed under section 6, 
                        including supporting information developed by 
                        the Administrator.</DELETED>
                        <DELETED>    ``(iii) Any health and safety 
                        study that is submitted under this Act with 
                        respect to--</DELETED>
                                <DELETED>    ``(I) any chemical 
                                substance or mixture--</DELETED>
                                        <DELETED>    ``(aa) which, on 
                                        the date on which the study is 
                                        to be disclosed has been 
                                        offered for commercial 
                                        distribution; or</DELETED>
                                        <DELETED>    ``(bb) for which 
                                        testing is required under 
                                        section 4 or for which 
                                        notification is required under 
                                        section 5; and</DELETED>
                                <DELETED>    ``(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).</DELETED>
                        <DELETED>    ``(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.</DELETED>
                <DELETED>    ``(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</DELETED>
                <DELETED>    (C) in paragraph (2)--</DELETED>
                        <DELETED>    (i) by striking ``the first 
                        sentence of paragraph (1)'' and inserting 
                        ``item (aa) or (bb) of paragraph (1)(A)(iii)''; 
                        and</DELETED>
                        <DELETED>    (ii) by striking ``in the second 
                        sentence of such paragraph'' and inserting ``in 
                        paragraph (1)(B)'';</DELETED>
        <DELETED>    (5) in subsection (e) (as redesignated by 
        paragraph (1))--</DELETED>
                <DELETED>    (A) by striking paragraph (1) and 
                inserting the following:</DELETED>
        <DELETED>    ``(1) Duties of manufacturers and processors.--
        </DELETED>
                <DELETED>    ``(A) In general.--In submitting data 
                under this Act, a manufacturer, processor, or 
                distributor in commerce may--</DELETED>
                        <DELETED>    ``(i) designate the data which the 
                        manufacturer, processor, or distributor 
                        believes is entitled to confidential treatment 
                        under subsection (a); and</DELETED>
                        <DELETED>    ``(ii) submit the designated data 
                        separately from other data submitted under this 
                        Act.</DELETED>
                <DELETED>    ``(B) Requirements.--A designation under 
                this paragraph shall be made in writing and in such 
                manner as the Administrator may prescribe, and shall 
                include--</DELETED>
                        <DELETED>    ``(i) justification for each claim 
                        for confidentiality;</DELETED>
                        <DELETED>    ``(ii) a certification that the 
                        information is not otherwise publicly 
                        available; and</DELETED>
                        <DELETED>    ``(iii) separate copies of all 
                        submitted information, with 1 copy containing 
                        and 1 copy excluding the information to which 
                        the request applies.'';</DELETED>
                <DELETED>    (B) by redesignating paragraph (2) as 
                paragraph (3);</DELETED>
                <DELETED>    (C) by inserting after paragraph (1) the 
                following:</DELETED>
        <DELETED>    ``(2) Duties of the administrator.--</DELETED>
                <DELETED>    ``(A) In general.--The Administrator 
                shall--</DELETED>
                        <DELETED>    ``(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--</DELETED>
                                <DELETED>    ``(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</DELETED>
                                <DELETED>    ``(bb) the documentation 
                                that must accompany those requests; 
                                and</DELETED>
                        <DELETED>    ``(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;</DELETED>
                        <DELETED>    ``(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);</DELETED>
                        <DELETED>    ``(iii) in the event such a 
                        request is denied, make the information 
                        available to the public in accordance with 
                        section 8(d)(2); and</DELETED>
                        <DELETED>    ``(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).</DELETED>
                <DELETED>    ``(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</DELETED>
                <DELETED>    (D) in paragraph (3) (as redesignated by 
                subparagraph (B))--</DELETED>
                        <DELETED>    (i) in subparagraph (A)--
                        </DELETED>
                                <DELETED>    (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</DELETED>
                                <DELETED>    (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.'';</DELETED>
                        <DELETED>    (ii) in subparagraph (B)(i)--
                        </DELETED>
                                <DELETED>    (I) in the first 
                                sentence--</DELETED>
                                        <DELETED>    (aa) by striking 
                                        ``or (4)'' and inserting ``(4), 
                                        or (5)'';</DELETED>
                                        <DELETED>    (bb) by striking 
                                        ``subsection (a)'' each place 
                                        it appears and inserting 
                                        ``subsection (c)''; 
                                        and</DELETED>
                                        <DELETED>    (cc) by striking 
                                        ``paragraph (3)'' and inserting 
                                        ``paragraph (4)''; 
                                        and</DELETED>
                                <DELETED>    (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</DELETED>
                        <DELETED>    (iii) in subparagraph (B)(ii), by 
                        striking ``(b)(1)'' and inserting 
                        ``(d)(1)(A)(iii)'';</DELETED>
        <DELETED>    (6) in subsection (f) (as redesignated by 
        paragraph (1)), by striking ``subsection (a)'' and inserting 
        ``subsection (c)''; and</DELETED>
        <DELETED>    (7) by adding at the end the following:</DELETED>
<DELETED>    ``(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.''.</DELETED>

SEC. 14. DISCLOSURE OF DATA.

    Section 14 of the Toxic Substances Control Act (15 U.S.C. 2613) is 
amended to read as follows:

``SEC. 14. DISCLOSURE OF DATA.

    ``(a) Applicability.--
            ``(1) In general.--Subject to paragraph (2) and except as 
        provided under subsections (b) and (e), any information 
        reported to, or otherwise obtained by, the Administrator (or 
        any representative of the Administrator) that is exempt from 
        disclosure under subsection (a) of section 552 of title 5, 
        United States Code, (commonly known as the `Freedom of 
        Information Act') under subsection (b)(4) of that section, 
        shall not be disclosed by the Administrator or by any officer 
        or employee of the United States, unless the designation of the 
        information as exempt from disclosure is prohibited under 
        Federal law.
            ``(2) Exemptions.--
                    ``(A) Mandatory exemptions.--Notwithstanding any 
                other provision of law, the Administrator shall 
                disclose the information described in paragraph (1)--
                            ``(i) to any officer or employee of the 
                        United States--
                                    ``(I) in connection with the 
                                official duties of that officer or 
                                employee under any law for the 
                                protection of human health or the 
                                environment; or
                                    ``(II) for specific law enforcement 
                                purposes;
                            ``(ii) to a contractor with the United 
                        States and employees of that contractor if, in 
                        the opinion of the Administrator, the 
                        disclosure is necessary for the satisfactory 
                        performance by the contractor of a contract 
                        with the United States entered into on or after 
                        the date of enactment of the Safe Chemicals Act 
                        of 2011 for the performance of work in 
                        connection with this Act and under such 
                        conditions as the Administrator may specify;
                            ``(iii) if the Administrator determines 
                        that the disclosure is necessary to protect 
                        human health or the environment;
                            ``(iv) on request, to a State or tribal 
                        government for the purpose of development or 
                        potential development, administration, or 
                        enforcement of a law, if 1 or more applicable 
                        agreements ensure that the recipient government 
                        will take appropriate steps, and has adequate 
                        authority, to maintain the confidentiality of 
                        the information in accordance with procedures 
                        comparable to those which the Administrator 
                        uses to safeguard the information;
                            ``(v) on request, to public health or 
                        environmental health professionals or medical 
                        personnel if the Administrator determines 
                        that--
                                    ``(I) disclosure is in the public 
                                interest;
                                    ``(II) the recipient does not have 
                                a conflict of interest or competitive 
                                interest with respect to the submitter 
                                of the information; and
                                    ``(III) 1 or more applicable 
                                agreements are in place to ensure that 
                                the recipient of the information 
                                provides comparable protections to 
                                those provided by the Administrator to 
                                maintain the confidentiality of the 
                                information.
                    ``(B) Optional exemptions.--Notwithstanding any 
                other provision of law, the Administrator may disclose 
                the information described in paragraph (1) if relevant, 
                in any proceeding under this Act, except that 
                disclosure in such a proceeding shall be made in such 
                manner as to preserve confidentiality to the maximum 
                extent practicable without impairing the proceeding.
            ``(3) Effect on other laws.--In any proceeding under 
        section 552(a) of title 5, United States Code (commonly 
        referred to as the `Freedom of Information Act'), to obtain 
        information, the disclosure of which has been denied pursuant 
        to this section, the Administrator may not rely on subsection 
        (b)(3) of that section to sustain the action of the 
        Administrator.
    ``(b) Categories of Confidential Business Information.--
            ``(1) Information that is always eligible for protection.--
        Subject to subsection (a)(2) and any other applicable provision 
        of Federal law, the Administrator shall review and approve a 
        request that conforms to the requirements described in 
        subsection (c)(2) to treat as confidential under this section 
        the following information:
                    ``(A) Precise information describing the 
                manufacture, processing, or distribution of a chemical 
                substance or mixture.
                    ``(B) Marketing and sales information.
                    ``(C) Information identifying the customers of a 
                manufacturer, processor, or distributor.
                    ``(D) Details of the full composition of a mixture 
                of a particular manufacturer or processor.
                    ``(E) Precise information about the use, function, 
                or application of a chemical substance or mixture in a 
                process, mixture, or product of a particular 
                manufacturer or processor.
                    ``(F) Precise production or import volumes of a 
                particular manufacturer, processor, or distributor.
            ``(2) Information that may be eligible for protection.--
                    ``(A) In general.--Subject to subsection (a) and 
                any other applicable provision of Federal law, and 
                except as provided in paragraphs (1) and (3), 
                information submitted by a manufacturer, processor, or 
                distributor to the Administrator may be protected if 
                the manufacturer, processor, or distributor complies 
                with subsection (c)(2) and the Administrator determines 
                that a request to maintain the confidentiality of the 
                information meets the applicable requirements of this 
                subsection and any rule promulgated by the 
                Administrator under subsection (c)(1).
                    ``(B) Identities of certain chemical substances.--
                            ``(i) In general.--Notwithstanding 
                        subparagraph (A), the Administrator shall not 
                        disclose precise information on the identity of 
                        a chemical substance if--
                                    ``(I) the manufacturer or processor 
                                of the substance has, in accordance 
                                with subsection (c)(2)--
                                            ``(aa) included in a notice 
                                        under section 5(b) a request, 
                                        including a justification and 
                                        documentation for the request, 
                                        that the identity of the 
                                        substance be treated as 
                                        confidential business 
                                        information; or
                                            ``(bb) submitted to the 
                                        Administrator not later than 
                                        180 days after the date of 
                                        enactment of the Safe Chemicals 
                                        Act of 2011 a request, 
                                        including a justification and 
                                        documentation for the request, 
                                        that the identity of a 
                                        substance for which a notice 
                                        has been submitted under 
                                        section 5(b) as of the date of 
                                        enactment of the Safe Chemicals 
                                        Act of 2011 be treated as 
                                        confidential business 
                                        information; and
                                    ``(II) the Administrator determines 
                                that--
                                            ``(aa) the request complies 
                                        with all applicable 
                                        requirements of this section;
                                            ``(bb) the chemical 
                                        identity is not readily 
                                        discoverable through reverse 
                                        engineering;
                                            ``(cc) the manufacturer or 
                                        processor takes reasonable 
                                        measures to protect the 
                                        confidentiality of the chemical 
                                        substance;
                                            ``(dd) no other Federal 
                                        statute requires disclosure;
                                            ``(ee) disclosure of the 
                                        identity of the chemical 
                                        substance would cause financial 
                                        or competitive harm to the 
                                        manufacturer or processor;
                                            ``(ff) the chemical 
                                        substance is not, based on 
                                        information that is initially 
                                        available or that later becomes 
                                        available to the Administrator, 
                                        a known or probable 
                                        reproductive, developmental, 
                                        neurological, or immunological 
                                        toxicant, carcinogen, or 
                                        mutagen;
                                            ``(gg) the chemical 
                                        substance is not persistent, 
                                        bioaccumulative, and toxic; and
                                            ``(hh) if a safety standard 
                                        determination has been made for 
                                        a chemical substance, the 
                                        Administrator determines that 
                                        the chemical substance meets 
                                        the applicable safety standard 
                                        either under current conditions 
                                        or under additional conditions 
                                        required by the Administrator.
                            ``(ii) Notice.--In cases where all of the 
                        requirements specified in clause (i) are met--
                                    ``(I) the notice required to be 
                                made public by the Administrator under 
                                section 5(f)(3) shall include a 
                                justification for the determination of 
                                the Administrator and identify the 
                                chemical substance by generic class 
                                unless the Administrator determines 
                                that more specific identification is 
                                required in the public interest; and
                                    ``(II) as part of a claim to 
                                protect the identity of a chemical 
                                substance under subsection (c)(2), a 
                                manufacturer or processor may provide a 
                                `public name' for the chemical 
                                substance for use by the Administrator 
                                when sharing information on the 
                                chemical substance under this 
                                subsection. The public names should 
                                disclose a maximum amount of 
                                information on the chemical structure 
                                of the substance, while protecting 
                                those features of the chemical 
                                structure that are considered 
                                confidential and the disclosure of 
                                which would potentially harm the owner 
                                of that information.
                            ``(iii) Duration of protection for chemical 
                        identity.--Notwithstanding subsection 
                        (c)(1)(B)(iv), the identity of a chemical 
                        substance for which a request has been 
                        submitted pursuant to clause (i)(I) and meets 
                        the requirements of clause (i) shall be 
                        protected as confidential business 
                        information--
                                    ``(I) for such period of time as 
                                the Administrator, after reviewing the 
                                request, determines to be reasonable; 
                                and
                                    ``(II) upon expiration of a time 
                                period specified under this clause, for 
                                an additional 5-year period, if the 
                                Administrator, after reviewing the 
                                request, determines that the request 
                                for protection continues to meet the 
                                criteria established in this 
                                subparagraph.
                            ``(iv) Publication requirement.--The 
                        Administrator shall annually publish a notice 
                        that--
                                    ``(I) includes an updated, 
                                cumulative list of each new chemical 
                                substance for which the Administrator 
                                has approved a request to protect 
                                information under this paragraph, 
                                identified by a unique identifier, 
                                other than the precise chemical 
                                identity, and including the period of 
                                time for which the protection applies; 
                                and
                                    ``(II) for each chemical substance 
                                for which the protection provided under 
                                this paragraph has expired, provides 
                                the precise identity of the chemical 
                                substance, and provides public access 
                                to any information that had been 
                                submitted to the Administrator which 
                                concealed the identity of the chemical 
                                substance in accordance with this 
                                paragraph.
                    ``(C) Impurities.--Notwithstanding subparagraph 
                (A), the Administrator may determine not to disclose 
                information relating to the degree of purity or the 
                identity of impurities present in a chemical substance 
                or mixture if the Administrator determines that 
                knowledge of the information would reveal processes 
                used in the manufacturing or processing of the chemical 
                substance or mixture.
            ``(3) Information that is never eligible for protection.--
                    ``(A) In general.--Except as provided in paragraph 
                (2), the Administrator shall disclose the following 
                information:
                            ``(i) The identity of a chemical substance.
                            ``(ii) Any safety standard determination 
                        developed under section 6, including supporting 
                        analysis developed by the Administrator.
                            ``(iii) Any health and safety study data 
                        that is submitted under this Act with respect 
                        to--
                                    ``(I) any chemical substance or 
                                mixture--
                                            ``(aa) that has been 
                                        offered for commercial 
                                        distribution as of the date on 
                                        which the study is to be 
                                        disclosed; 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 that relates to a chemical 
                                substance or mixture described in 
                                subclause (I).
                            ``(iv) Health and safety data in notices of 
                        substantial risk submitted pursuant to section 
                        8(l) and in the underlying studies.
                            ``(v) General information describing the 
                        manufacturing volumes, expressed in ranges, and 
                        industrial, commercial, or consumer functions 
                        and uses of a chemical substance or mixture.
                            ``(vi) Any information indicating the 
                        presence of a chemical substance in consumer 
                        products intended for use, or reasonably 
                        expected to be used, by children aged 14 years 
                        or younger, if--
                                    ``(I) the Administrator, or another 
                                authoritative body, has determined that 
                                the chemical substance--
                                            ``(aa) is a known or 
                                        probable reproductive, 
                                        developmental, neurological, or 
                                        immunological toxicant, 
                                        carcinogen, or mutagen; or
                                            ``(bb) is persistent, 
                                        bioaccumulative, and toxic; or
                                    ``(II) for a chemical substance for 
                                which a safety standard determination 
                                has been made, the Administrator has 
                                not found that the chemical substance 
                                meets the safety standard.
                    ``(B) Prohibition.--Nothing in this paragraph 
                authorizes the release of any data that discloses a 
                process 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.
                    ``(C) Applicability of other laws.--Except as 
                provided in paragraph (2), if the Administrator 
                receives a request for information under section 552(a) 
                of title 5, United States Code, (commonly known as the 
                `Freedom of Information Act') for information described 
                in subparagraph (A), which is not information described 
                in subparagraph (B), the Administrator shall not deny 
                the request under subsection (b)(4) of that section.
    ``(c) Designation and Treatment of Confidential Business 
Information.--
            ``(1) Duties of the administrator.--
                    ``(A) Rules.--Not later than 1 year after the date 
                of enactment of the Safe Chemicals Act of 2011, the 
                Administrator shall promulgate rules that specify--
                            ``(i) the acceptable bases on which written 
                        requests to maintain confidentiality of 
                        information may be approved, which shall be 
                        consistent with the requirements of this 
                        section;
                            ``(ii) the nature of the documentation and 
                        justification that must accompany such a 
                        request; and
                            ``(iii) the types of information the 
                        Administrator determines warrant protection for 
                        an indefinite period of time, for which the 
                        term of confidentiality specified in 
                        subparagraph (B)(iv)(I) shall not apply.
                    ``(B) Review of requests.--
                            ``(i) In general.--Not later than 90 days 
                        after the date of receipt of information under 
                        paragraph (2), the Administrator shall review a 
                        request to maintain confidentiality of 
                        information submitted under this Act and 
                        determine whether to approve, modify, or deny 
                        that request based on the regulations 
                        promulgated by the Administrator under 
                        subparagraph (A).
                            ``(ii) Process.--The Administrator shall, 
                        in accordance with clause (i)--
                                    ``(I) review all requests received 
                                to maintain confidentiality of 
                                submitted information; or
                                    ``(II) if it is not feasible for 
                                the Administrator to review all of the 
                                requests--
                                            ``(aa) review all requests 
                                        relating to information 
                                        described in subsection 
                                        (b)(2)(B); and
                                            ``(bb) review a 
                                        representative subset that 
                                        includes not less than 25 
                                        percent of all other requests 
                                        received; and
                                    ``(III) publish in the Federal 
                                Register on at least an annual basis a 
                                description of the number and types of 
                                requests received and reviewed by the 
                                Administrator.
                            ``(iii) Denials.--If a request to maintain 
                        confidentiality of submitted information is 
                        denied in accordance with subparagraph (D), the 
                        Administrator shall promptly make the 
                        information available to the public in 
                        accordance with section 8(i)(2).
                            ``(iv) Approvals.--If a request to maintain 
                        confidentiality of submitted information is 
                        approved, the Administrator shall--
                                    ``(I) except with respect to 
                                requests subject to a rule issued 
                                pursuant to subparagraph (A)(iii) and 
                                requests submitted pursuant to 
                                subsection (b)(2)(B)(i)(I), specify a 
                                time period not to exceed 5 years for 
                                which the submitted information shall 
                                be kept confidential, unless the 
                                information otherwise becomes available 
                                to the public during the period; and
                                    ``(II) upon the expiration of the 
                                protection period, make the information 
                                available to the public unless the 
                                manufacturer, processor, or distributor 
                                has submitted, documented, and 
                                justified to the satisfaction of the 
                                Administrator and in accordance with 
                                this subsection the basis for a renewal 
                                of the protection, for a time period 
                                not to exceed 5 years.
                    ``(C) Authority of the administrator.--Nothing in 
                subparagraph (A) or (B) limits the authority of the 
                Administrator to determine that particular information, 
                previously treated as confidential, is no longer 
                entitled to confidential treatment.
                    ``(D) Notifications.--
                            ``(i) In general.--Except as provided in 
                        clause (ii), if the Administrator proposes to 
                        release information for which a request for 
                        confidential treatment has been approved under 
                        this section, the Administrator shall 
                        electronically notify the manufacturer, 
                        processor, or distributor in commerce who 
                        submitted the request of the intent of the 
                        Administrator to release the information not 
                        less than 15 days prior to the release of the 
                        information.
                            ``(ii) Administration.--The Administrator 
                        shall release the information described in 
                        clause (i) in accordance with the disclosure 
                        and procedural requirements of section 552 of 
                        title 5, United States Code (commonly known as 
                        the `Freedom of Information Act'), except 
                        that--
                                    ``(I) if the release of the 
                                information is to be made pursuant to a 
                                request made under section 552(a) of 
                                title 5, United States Code, the notice 
                                shall be given immediately upon 
                                approval of the request by the 
                                Administrator;
                                    ``(II) if the Administrator 
                                determines that the release of 
                                information pursuant to subsection 
                                (a)(2)(A)(iii) is necessary to protect 
                                against imminent and substantial harm 
                                to human health or the environment, no 
                                notice shall be required; and
                                    ``(III) the requirements of this 
                                subparagraph shall not apply to the 
                                release of information under--
                                            ``(aa) clauses (i) through 
                                        (iii) of subsection (a)(2)(A); 
                                        or
                                            ``(bb) subsection 
                                        (b)(3)(A).
            ``(2) Duties of manufacturers, processors, and 
        distributors.--
                    ``(A) In general.--In submitting data under this 
                Act, a manufacturer, processor, or distributor in 
                commerce may--
                            ``(i) designate information, other than 
                        information described in subsection (b)(3), for 
                        which the manufacturer, processor, or 
                        distributor requests confidential treatment 
                        under subsection (a) or (b); 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) documentation and justification for 
                        each request for confidentiality, except for 
                        requests relating to the information described 
                        in subsection (b)(1);
                            ``(ii) the period of time for which 
                        maintenance of confidentiality of the 
                        information is requested except with respect to 
                        requests subject to a rule issued pursuant to 
                        subsection (c)(1)(A)(iii);
                            ``(iii) a certification that the 
                        information is not otherwise publicly 
                        available;
                            ``(iv) separate copies of all submitted 
                        information, with 1 copy containing and 1 copy 
                        excluding the information to which the request 
                        applies; and
                            ``(v) any additional information required 
                        by the Administrator.
                    ``(C) Request for renewal.--Prior to the expiration 
                of the specified time period determined by the 
                Administrator under paragraph (1)(B)(iv), a 
                manufacturer, processor, or distributor may submit a 
                request for renewal of protection for protected 
                information. This request for renewal shall follow the 
                same procedures and requirements as the initial 
                submission under subparagraphs (A) and (B).
    ``(d) Civil Penalty for Wrongful Disclosure or Wrongful Requests 
for Protection.--
            ``(1) In general.--Any officer or employee of the United 
        States or former officer or employee of the United States, who, 
        by virtue of employment or official position has obtained 
        possession of, or has access to, material the disclosure of 
        which is prohibited by subsection (a), and who knowing that 
        disclosure of the material is prohibited by that subsection, 
        willfully discloses the material in any manner to any person 
        not entitled to receive the information, shall be subject to 
        appropriate disciplinary action and subject to a civil money 
        penalty of not more than $10,000 for each violation.
            ``(2) Applicability of other laws.--Section 1905 of title 
        18, United States Code, shall not apply with respect to the 
        publishing, divulging, disclosure, making known, or making 
        available of, information reported or otherwise obtained under 
        this Act.
            ``(3) Contractors.--For the purposes of paragraph (1), any 
        contractor with the United States who is furnished information 
        as authorized by subsection (a)(2), including any employee of 
        such a contractor, shall be considered to be an employee of the 
        United States.
            ``(4) False requests.--Any officer or employee of a company 
        that submits information under this Act who willfully 
        designates information as eligible for confidential treatment, 
        knowing that the information is ineligible for such treatment, 
        shall be subject to a civil money penalty of not more than 
        $10,000 for each such violation.
    ``(e) Access by Congress.--Notwithstanding this section or any 
other provision of law, all information reported to or otherwise 
obtained by the Administrator (or any representative of the 
Administrator) under this Act shall be made available, on written 
request of any duly authorized committee of Congress, to that 
committee.
    ``(f) Risk Information for Workers.--The Administrator shall 
facilitate the sharing of information that pertains to chemical 
substances or mixtures or articles containing chemical substances that 
workers may come into contact with or may otherwise be exposed to 
during the course of work with those workers and representatives of 
each certified or recognized bargaining agent representing those 
workers. Nothing in this subsection authorizes disclosure of 
information other than those disclosures that may be made pursuant to 
subsections (a) through (e).''.

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 
        38;
            (2) by redesignating section 30 (15 U.S.C. 2629) as section 
        37;
            (3) by striking section 31 (Public Law 94-469; 100 Stat. 
        2989); and
            (4) by amending section 38 (as redesignated by paragraph 
        (1)) to read as follows:

``SEC. 38. 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.''.
                                                       Calendar No. 578

112th CONGRESS

  2d Session

                                 S. 847

                          [Report No. 112-264]

_______________________________________________________________________

                                 A BILL

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

_______________________________________________________________________

                           December 27, 2012

                        Reported with amendments