[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2576 Engrossed Amendment House (EAH)]
<DOC>
In the House of Representatives, U. S.,
May 24, 2016.
Resolved, That the House agree to the amendment of the Senate to
the bill (H.R. 2576) entitled ``An Act to modernize the Toxic
Substances Control Act, and for other purposes.'' with the following
HOUSE AMENDMENT TO SENATE AMENDMENT:
In lieu of the matter proposed to be inserted by the
amendment of the Senate, insert the following:
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Frank R.
Lautenberg Chemical Safety for the 21st Century Act''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; table of contents.
TITLE I--CHEMICAL SAFETY
Sec. 2. Findings, policy, and intent.
Sec. 3. Definitions.
Sec. 4. Testing of chemical substances and mixtures.
Sec. 5. Manufacturing and processing notices.
Sec. 6. Prioritization, risk evaluation, and regulation of chemical
substances and mixtures.
Sec. 7. Imminent hazards.
Sec. 8. Reporting and retention of information.
Sec. 9. Relationship to other Federal laws.
Sec. 10. Exports of elemental mercury.
Sec. 11. Confidential information.
Sec. 12. Penalties.
Sec. 13. State-Federal relationship.
Sec. 14. Judicial review.
Sec. 15. Citizens' civil actions.
Sec. 16. Studies.
Sec. 17. Administration of the Act.
Sec. 18. State programs.
Sec. 19. Conforming amendments.
Sec. 20. No retroactivity.
Sec. 21. Trevor's Law.
TITLE II--RURAL HEALTHCARE CONNECTIVITY
Sec. 201. Short title.
Sec. 202. Telecommunications services for skilled nursing facilities.
TITLE I--CHEMICAL SAFETY
SEC. 2. FINDINGS, POLICY, AND INTENT.
Section 2(c) of the Toxic Substances Control Act (15 U.S.C.
2601(c)) is amended by striking ``proposes to take'' and inserting
``proposes as provided''.
SEC. 3. DEFINITIONS.
Section 3 of the Toxic Substances Control Act (15 U.S.C. 2602) is
amended--
(1) by redesignating paragraphs (4) through (14) as
paragraphs (5), (6), (8), (9), (10), (11), (13), (14), (15),
(16), and (17), respectively;
(2) by inserting after paragraph (3) the following:
``(4) The term `conditions of use' means the circumstances, as
determined by the Administrator, under which a chemical substance is
intended, known, or reasonably foreseen to be manufactured, processed,
distributed in commerce, used, or disposed of.'';
(3) by inserting after paragraph (6), as so redesignated,
the following:
``(7) The term `guidance' means any significant written guidance of
general applicability prepared by the Administrator.''; and
(4) by inserting after paragraph (11), as so redesignated,
the following:
``(12) The term `potentially exposed or susceptible subpopulation'
means a group of individuals within the general population identified
by the Administrator who, due to either greater susceptibility or
greater exposure, may be at greater risk than the general population of
adverse health effects from exposure to a chemical substance or
mixture, such as infants, children, pregnant women, workers, or the
elderly.''.
SEC. 4. TESTING OF CHEMICAL SUBSTANCES AND MIXTURES.
Section 4 of the Toxic Substances Control Act (15 U.S.C. 2603) is
amended--
(1) by striking ``standards'' each place it appears and
inserting ``protocols and methodologies'';
(2) in subsection (a)--
(A) by striking ``If the Administrator finds'' and
inserting ``(1) If the Administrator finds'';
(B) in paragraph (1), as so designated--
(i) by striking ``(1)(A)(i)'' and inserting
``(A)(i)(I)'';
(ii) by striking ``(ii)'' each place it
appears and inserting ``(II)'';
(iii) by striking ``are insufficient data''
and inserting ``is insufficient information''
each place it appears;
(iv) by striking ``(iii)'' each place it
appears and inserting ``(III)'';
(v) by striking ``such data'' and inserting
``such information'' each place it appears;
(vi) by striking ``(B)(i)'' and inserting
``(ii)(I)'';
(vii) by striking ``(I)'' and inserting
``(aa)'';
(viii) by striking ``(II)'' and inserting
``(bb)'';
(ix) by striking ``(2)'' and inserting
``(B)''; and
(x) in the matter following subparagraph
(B), as so redesignated--
(I) by inserting ``, or, in the
case of a chemical substance or mixture
described in subparagraph (A)(i), by
rule, order, or consent agreement,''
after ``rule'';
(II) by striking ``data'' each
place it appears and inserting
``information''; and
(III) by striking ``and which are
relevant'' and inserting ``and which is
relevant''; and
(C) by adding at the end the following:
``(2) Additional testing authority.--In addition to the
authority provided under paragraph (1), the Administrator may,
by rule, order, or consent agreement--
``(A) require the development of new information
relating to a chemical substance or mixture if the
Administrator determines that the information is
necessary--
``(i) to review a notice under section 5 or
to perform a risk evaluation under section
6(b);
``(ii) to implement a requirement imposed
in a rule, order, or consent agreement under
subsection (e) or (f) of section 5 or in a rule
promulgated under section 6(a);
``(iii) at the request of a Federal
implementing authority under another Federal
law, to meet the regulatory testing needs of
that authority with regard to toxicity and
exposure; or
``(iv) pursuant to section 12(a)(2); and
``(B) require the development of new information
for the purposes of prioritizing a chemical substance
under section 6(b) only if the Administrator determines
that such information is necessary to establish the
priority of the substance, subject to the limitations
that--
``(i) not later than 90 days after the date
of receipt of information regarding a chemical
substance complying with a rule, order, or
consent agreement under this subparagraph, the
Administrator shall designate the chemical
substance as a high-priority substance or a
low-priority substance; and
``(ii) information required by the
Administrator under this subparagraph shall not
be required for the purposes of establishing or
implementing a minimum information requirement
of broader applicability.
``(3) Statement of need.--When requiring the development of
new information relating to a chemical substance or mixture
under paragraph (2), the Administrator shall identify the need
for the new information, describe how information reasonably
available to the Administrator was used to inform the decision
to require new information, explain the basis for any decision
that requires the use of vertebrate animals, and, as
applicable, explain why issuance of an order is warranted
instead of promulgating a rule or entering into a consent
agreement.
``(4) Tiered testing.--When requiring the development of
new information under this subsection, the Administrator shall
employ a tiered screening and testing process, under which the
results of screening-level tests or assessments of available
information inform the decision as to whether 1 or more
additional tests are necessary, unless information available to
the Administrator justifies more advanced testing of potential
health or environmental effects or potential exposure without
first conducting screening-level testing.'';
(3) in subsection (b)--
(A) in paragraph (1)--
(i) in subparagraph (B), by striking ``test
data'' and inserting ``information'';
(ii) in subparagraph (C), by striking
``data'' and inserting ``information''; and
(iii) in the matter following subparagraph
(C), by striking ``data'' and inserting
``information'';
(B) in paragraph (2)--
(i) in subparagraph (A)--
(I) by striking ``test data'' and
inserting ``information'';
(II) by inserting ``Protocols and
methodologies for the development of
information may also be prescribed for
the assessment of exposure or exposure
potential to humans or the
environment.'' after the first
sentence; and
(III) by striking ``hierarchical
tests'' and inserting ``tiered
testing''; and
(ii) in subparagraph (B), by striking
``data'' and inserting ``information'';
(C) in paragraph (3)--
(i) by striking ``data'' each place it
appears and inserting ``information'';
(ii) in subparagraph (A), by inserting ``or
(C), as applicable,'' after ``subparagraph
(B)'';
(iii) by striking ``(a)(1)(A)(ii) or
(a)(1)(B)(ii)'' each place it appears in
subparagraph (B) and inserting
``(a)(1)(A)(i)(II) or (a)(1)(A)(ii)(II)'';
(iv) in subparagraph (B), in the matter
before clause (i), by striking ``subsection
(a)'' and inserting ``subsection (a)(1)''; and
(v) by adding at the end the following:
``(C) A rule or order under paragraph (1) or (2) of subsection (a)
may require the development of information by any person who
manufactures or processes, or intends to manufacture or process, a
chemical substance or mixture subject to the rule or order.'';
(D) in paragraph (4)--
(i) by striking ``of data'' each place it
appears and inserting ``of information''; and
(ii) by striking ``test data'' each place
it appears and inserting ``information''; and
(E) by striking paragraph (5);
(4) in subsection (c)--
(A) in paragraph (1), by striking ``data'' and
inserting ``information'';
(B) in paragraph (2), by striking ``data'' each
place it appears and inserting ``information'';
(C) in paragraph (3)--
(i) by striking ``test data'' each place it
appears and inserting ``information''; and
(ii) by striking ``such data'' each place
it appears and inserting ``such information'';
and
(D) in paragraph (4) by striking ``test data'' each
place it appears and inserting ``information'';
(5) in subsection (d)--
(A) by striking ``test data'' each place it appears
and inserting ``information'';
(B) by striking ``such data'' each place it appears
and inserting ``such information''; and
(C) by striking ``for which data have'' and
inserting ``for which information has'';
(6) in subsection (e)--
(A) in paragraph (1)--
(i) in subparagraph (A)--
(I) by striking ``promulgation of a
rule'' and inserting ``development of
information''; and
(II) by striking ``data'' each
place it appears and inserting
``information''; and
(ii) in subparagraph (B), by striking
``either initiate a rulemaking proceeding under
subsection (a) or if such a proceeding is not
initiated within such period, publish in the
Federal Register the Administrator's reason for
not initiating such a proceeding'' and insert
``issue an order, enter into a consent
agreement, or initiate a rulemaking proceeding
under subsection (a), or, if such an order or
consent agreement is not issued or such a
proceeding is not initiated within such period,
publish in the Federal Register the
Administrator's reason for not issuing such an
order, entering into such a consent agreement,
or initiating such a proceeding''; and
(B) in paragraph (2)(A)--
(i) by striking ``eight members'' and
inserting ``ten members''; and
(ii) by adding at the end the following:
``(ix) One member appointed by the Chairman of the Consumer
Product Safety Commission from Commissioners or employees of
the Commission.
``(x) One member appointed by the Commissioner of Food and
Drugs from employees of the Food and Drug Administration.'';
(7) in subsection (f)--
(A) in paragraph (1), by striking ``test data'' and
inserting ``information''; and
(B) in the matter following paragraph (2)--
(i) by striking ``or will present'';
(ii) by striking ``from cancer, gene
mutations, or birth defects'';
(iii) by striking ``data or'';
(iv) by striking ``appropriate'' and
inserting ``applicable''; and
(v) by inserting ``, made without
consideration of costs or other nonrisk
factors,'' after ``publish in the Federal
Register a finding'';
(8) in subsection (g)--
(A) by amending the subsection heading to read as
follows: ``Petition for Protocols and Methodologies for
the Development of Information'';
(B) by striking ``test data'' each place it appears
and inserting ``information''; and
(C) by striking ``submit data'' and inserting
``submit information''; and
(9) by adding at the end the following:
``(h) Reduction of Testing on Vertebrates.--
``(1) In general.--The Administrator shall reduce and
replace, to the extent practicable, scientifically justified,
and consistent with the policies of this title, the use of
vertebrate animals in the testing of chemical substances or
mixtures under this title by--
``(A) prior to making a request or adopting a
requirement for testing using vertebrate animals, and
in accordance with subsection (a)(3), taking into
consideration, as appropriate and to the extent
practicable and scientifically justified, reasonably
available existing information, including--
``(i) toxicity information;
``(ii) computational toxicology and
bioinformatics; and
``(iii) high-throughput screening methods
and the prediction models of those methods; and
``(B) encouraging and facilitating--
``(i) the use of scientifically valid test
methods and strategies that reduce or replace
the use of vertebrate animals while providing
information of equivalent or better scientific
quality and relevance that will support
regulatory decisions under this title;
``(ii) the grouping of 2 or more chemical
substances into scientifically appropriate
categories in cases in which testing of a
chemical substance would provide scientifically
valid and useful information on other chemical
substances in the category; and
``(iii) the formation of industry consortia
to jointly conduct testing to avoid unnecessary
duplication of tests, provided that such
consortia make all information from such
testing available to the Administrator.
``(2) Implementation of alternative testing methods.--To
promote the development and timely incorporation of new
scientifically valid test methods and strategies that are not
based on vertebrate animals, the Administrator shall--
``(A) not later than 2 years after the date of
enactment of the Frank R. Lautenberg Chemical Safety
for the 21st Century Act, develop a strategic plan to
promote the development and implementation of
alternative test methods and strategies to reduce,
refine, or replace vertebrate animal testing and
provide information of equivalent or better scientific
quality and relevance for assessing risks of injury to
health or the environment of chemical substances or
mixtures through, for example--
``(i) computational toxicology and
bioinformatics;
``(ii) high-throughput screening methods;
``(iii) testing of categories of chemical
substances;
``(iv) tiered testing methods;
``(v) in vitro studies;
``(vi) systems biology;
``(vii) new or revised methods identified
by validation bodies such as the Interagency
Coordinating Committee on the Validation of
Alternative Methods or the Organization for
Economic Co-operation and Development; or
``(viii) industry consortia that develop
information submitted under this title;
``(B) as practicable, ensure that the strategic
plan developed under subparagraph (A) is reflected in
the development of requirements for testing under this
section;
``(C) include in the strategic plan developed under
subparagraph (A) a list, which the Administrator shall
update on a regular basis, of particular alternative
test methods or strategies the Administrator has
identified that do not require new vertebrate animal
testing and are scientifically reliable, relevant, and
capable of providing information of equivalent or
better scientific reliability and quality to that which
would be obtained from vertebrate animal testing;
``(D) provide an opportunity for public notice and
comment on the contents of the plan developed under
subparagraph (A), including the criteria for
considering scientific reliability and relevance of the
test methods and strategies that may be identified
pursuant to subparagraph (C);
``(E) beginning on the date that is 5 years after
the date of enactment of the Frank R. Lautenberg
Chemical Safety for the 21st Century Act, and every 5
years thereafter, submit to Congress a report that
describes the progress made in implementing the plan
developed under subparagraph (A) and goals for future
alternative test methods and strategies implementation;
and
``(F) prioritize and, to the extent consistent with
available resources and the Administrator's other
responsibilities under this title, carry out
performance assessment, validation, and translational
studies to accelerate the development of scientifically
valid test methods and strategies that reduce, refine,
or replace the use of vertebrate animals, including
minimizing duplication, in any testing under this
title.
``(3) Voluntary testing.--
``(A) In general.--Any person developing
information for submission under this title on a
voluntary basis and not pursuant to any request or
requirement by the Administrator shall first attempt to
develop the information by means of an alternative test
method or strategy identified by the Administrator
pursuant to paragraph (2)(C), if the Administrator has
identified such a test method or strategy for the
development of such information, before conducting new
vertebrate animal testing.
``(B) Effect of paragraph.--Nothing in this
paragraph shall, under any circumstance, limit or
restrict the submission of any existing information to
the Administrator.
``(C) Relationship to other law.--A violation of
this paragraph shall not be a prohibited act under
section 15.
``(D) Review of means.--This paragraph authorizes,
but does not require, the Administrator to review the
means by which a person conducted testing described in
subparagraph (A).''.
SEC. 5. MANUFACTURING AND PROCESSING NOTICES.
Section 5 of the Toxic Substances Control Act (15 U.S.C. 2604) is
amended--
(1) in subsection (a)--
(A) in paragraph (1)--
(i) by striking ``Except as provided in''
and inserting ``(A) Except as provided in
subparagraph (B) of this paragraph and'';
(ii) by redesignating subparagraphs (A) and
(B) as clauses (i) and (ii), respectively;
(iii) by striking all that follows
``significant new use'' and inserting a period;
and
(iv) by adding at the end the following:
``(B) A person may take the actions described in
subparagraph (A) if--
``(i) such person submits to the Administrator, at
least 90 days before such manufacture or processing, a
notice, in accordance with subsection (d), of such
person's intention to manufacture or process such
substance and such person complies with any applicable
requirement of, or imposed pursuant to, subsection (b),
(e), or (f); and
``(ii) the Administrator--
``(I) conducts a review of the notice; and
``(II) makes a determination under
subparagraph (A), (B), or (C) of paragraph (3)
and takes the actions required in association
with that determination under such subparagraph
within the applicable review period.''; and
(B) by adding at the end the following new
paragraphs:
``(3) Review and determination.--Within the applicable
review period, subject to section 18, the Administrator shall
review such notice and determine--
``(A) that the relevant chemical substance or
significant new use presents an unreasonable risk of
injury to health or the environment, without
consideration of costs or other nonrisk factors,
including an unreasonable risk to a potentially exposed
or susceptible subpopulation identified as relevant by
the Administrator under the conditions of use, in which
case the Administrator shall take the actions required
under subsection (f);
``(B) that--
``(i) the information available to the
Administrator is insufficient to permit a
reasoned evaluation of the health and
environmental effects of the relevant chemical
substance or significant new use; or
``(ii)(I) in the absence of sufficient
information to permit the Administrator to make
such an evaluation, the manufacture,
processing, distribution in commerce, use, or
disposal of such substance, or any combination
of such activities, may present an unreasonable
risk of injury to health or the environment,
without consideration of costs or other nonrisk
factors, including an unreasonable risk to a
potentially exposed or susceptible
subpopulation identified as relevant by the
Administrator; or
``(II) such substance is or will be
produced in substantial quantities, and such
substance either enters or may reasonably be
anticipated to enter the environment in
substantial quantities or there is or may be
significant or substantial human exposure to
the substance,
in which case the Administrator shall take the actions
required under subsection (e); or
``(C) that the relevant chemical substance or
significant new use is not likely to present an
unreasonable risk of injury to health or the
environment, without consideration of costs or other
nonrisk factors, including an unreasonable risk to a
potentially exposed or susceptible subpopulation
identified as relevant by the Administrator under the
conditions of use, in which case the submitter of the
notice may commence manufacture of the chemical
substance or manufacture or processing for a
significant new use.
``(4) Failure to render determination.--
``(A) Failure to render determination.--If the
Administrator fails to make a determination on a notice
under paragraph (3) by the end of the applicable review
period and the notice has not been withdrawn by the
submitter, the Administrator shall refund to the
submitter all applicable fees charged to the submitter
for review of the notice pursuant to section 26(b), and
the Administrator shall not be relieved of any
requirement to make such determination.
``(B) Limitations.--(i) A refund of applicable fees
under subparagraph (A) shall not be made if the
Administrator certifies that the submitter has not
provided information required under subsection (b) or
has otherwise unduly delayed the process such that the
Administrator is unable to render a determination
within the applicable review period.
``(ii) A failure of the Administrator to render a
decision shall not be deemed to constitute a withdrawal
of the notice.
``(iii) Nothing in this paragraph shall be
construed as relieving the Administrator or the
submitter of the notice from any requirement of this
section.
``(5) Article consideration.--The Administrator may require
notification under this section for the import or processing of
a chemical substance as part of an article or category of
articles under paragraph (1)(A)(ii) if the Administrator makes
an affirmative finding in a rule under paragraph (2) that the
reasonable potential for exposure to the chemical substance
through the article or category of articles subject to the rule
justifies notification.'';
(2) in subsection (b)--
(A) in the subsection heading, by striking ``Test
Data'' and inserting ``Information'';
(B) in paragraph (1)--
(i) in subparagraph (A)--
(I) by striking ``test data'' and
inserting ``information''; and
(II) by striking ``such data'' and
inserting ``such information''; and
(ii) in subparagraph (B)--
(I) by striking ``test data'' and
inserting ``information'';
(II) by striking ``subsection
(a)(1)(A)'' and inserting ``subsection
(a)(1)(A)(i)''; and
(III) by striking ``subsection
(a)(1)(B)'' and inserting ``subsection
(a)(1)(A)(ii)'';
(C) in paragraph (2)--
(i) in subparagraph (A)--
(I) by striking ``test data'' in
clause (ii) and inserting
``information'';
(II) by striking ``shall'' and
inserting ``may''; and
(III) by striking ``data
prescribed'' and inserting
``information prescribed''; and
(ii) in subparagraph (B)--
(I) by striking ``Data'' and
inserting ``Information'';
(II) by striking ``data'' both
places it appears and inserting
``information'';
(III) by striking ``show'' and
inserting ``shows'';
(IV) by striking ``subsection
(a)(1)(A)'' in clause (i) and inserting
``subsection (a)(1)(A)(i)''; and
(V) by striking ``subsection
(a)(1)(B)'' in clause (ii) and
inserting ``subsection (a)(1)(A)(ii)'';
(D) in paragraph (3)--
(i) by striking ``Data'' and inserting
``Information''; and
(ii) by striking ``paragraph (1) or (2)''
and inserting ``paragraph (1) or (2) of this
subsection or under subsection (e)''; and
(E) in paragraph (4)--
(i) in subparagraph (A)(i), by inserting
``, without consideration of costs or other
nonrisk factors'' after ``health or the
environment''; and
(ii) in subparagraph (C), by striking ``,
except that'' and all that follows through
``subparagraph (A)'';
(3) in subsection (c)--
(A) in the subsection heading, by striking
``Notice'' and inserting ``Review''; and
(B) by striking ``before which'' and all that
follows through ``subsection may begin'';
(4) in subsection (d)--
(A) by striking ``test data'' in paragraph (1)(B)
and inserting ``information'';
(B) by striking ``data'' each place it appears in
paragraph (1)(C) and paragraph (2) and inserting
``information'';
(C) in paragraph (2)(B), by striking ``uses or
intended uses of such substance'' and inserting ``uses
of such substance identified in the notice''; and
(D) in paragraph (3)--
(i) by striking ``for which the
notification period prescribed by subsection
(a), (b), or (c)'' and inserting ``for which
the applicable review period''; and
(ii) by striking ``such notification
period'' and inserting ``such period'';
(5) in subsection (e)--
(A) in paragraph (1)(A)--
(i) in clause (i), by striking ``; and''
and inserting ``; or'';
(ii) in clause (ii)(I), by inserting
``without consideration of costs or other
nonrisk factors, including an unreasonable risk
to a potentially exposed subpopulation
identified as relevant by the Administrator
under the conditions of use;'' after ``health
or the environment,''; and
(iii) in the matter after clause (ii)(II)--
(I) by striking ``may issue a
proposed order'' and inserting ``shall
issue an order'';
(II) by striking ``notification
period applicable to the manufacturing
or processing of such substance under
subsection (a), (b), (c)'' and
inserting ``applicable review period'';
and
(III) by inserting ``to the extent
necessary to protect against an
unreasonable risk of injury to health
or the environment, without
consideration of costs or other nonrisk
factors, including an unreasonable risk
to a potentially exposed or susceptible
subpopulation identified as relevant by
the Administrator under the conditions
of use, and the submitter of the notice
may commence manufacture of the
chemical substance, or manufacture or
processing of the chemical substance
for a significant new use, including
while any required information is being
developed, only in compliance with the
order'' before the period at the end;
(B) in paragraph (1)(B)--
(i) by striking ``A proposed order'' and
inserting ``An order'';
(ii) by striking ``notification period
applicable to the manufacture or processing of
such substance under subsection (a), (b), (c)''
and inserting ``applicable review period''; and
(iii) by striking ``of the proposed order''
and inserting ``of the order'';
(C) by striking paragraph (1)(C); and
(D) by striking paragraph (2);
(6) in subsection (f)--
(A) in paragraph (1)--
(i) by striking ``finds that there is a
reasonable basis to conclude that the
manufacture, processing, distribution in
commerce, use, or disposal of a chemical
substance with'' and inserting ``determines
that a chemical substance or significant new
use with'';
(ii) by striking ``, or that any
combination of such activities,'';
(iii) by striking ``or will present'';
(iv) by striking ``before a rule
promulgated under section 6 can protect against
such risk,'' and inserting ``, without
consideration of costs or other nonrisk
factors, including an unreasonable risk to a
potentially exposed subpopulation identified as
relevant by the Administrator under the
conditions of use,''; and
(v) by striking ``notification period
applicable under subsection (a), (b), or (c) to
the manufacturing or processing of such
substance'' and inserting ``applicable review
period'';
(B) in paragraph (2), the matter following
subparagraph (C), by striking ``Section 6(d)(2)(B)''
and inserting ``Section 6(d)(3)(B)'';
(C) in paragraph (3)--
(i) in subparagraph (A)--
(I) by striking ``Administrator
may'' and all that follows through
``issue a proposed order to prohibit
the'' and inserting ``Administrator may
issue an order to prohibit or limit
the''; and
(II) by striking ``under paragraph
(1)'' and all that follows through
``processing of such substance.'' and
inserting ``under paragraph (1). Such
order shall take effect on the
expiration of the applicable review
period.'';
(ii) by striking subparagraph (B) and
redesignating subparagraph (C) as subparagraph
(B);
(iii) in subparagraph (B), as so
redesignated--
(I) by striking ``subparagraphs (B)
and (C)'' and inserting ``subparagraph
(B)'';
(II) by striking ``clause (i) of'';
and
(III) by striking ``; and the
provisions of subparagraph (C) of
subsection (e)(2) shall apply with
respect to an injunction issued under
subparagraph (B)''; and
(iv) by striking subparagraph (D); and
(D) by adding at the end the following:
``(4) Treatment of nonconforming uses.--Not later than 90
days after taking an action under paragraph (2) or (3) or
issuing an order under subsection (e) relating to a chemical
substance with respect to which the Administrator has made a
determination under subsection (a)(3)(A) or (B), the
Administrator shall consider whether to promulgate a rule
pursuant to subsection (a)(2) that identifies as a significant
new use any manufacturing, processing, use, distribution in
commerce, or disposal of the chemical substance that does not
conform to the restrictions imposed by the action or order,
and, as applicable, initiate such a rulemaking or publish a
statement describing the reasons of the Administrator for not
initiating such a rulemaking.
``(5) Workplace exposures.--To the extent practicable, the
Administrator shall consult with the Assistant Secretary of
Labor for Occupational Safety and Health prior to adopting any
prohibition or other restriction relating to a chemical
substance with respect to which the Administrator has made a
determination under subsection (a)(3)(A) or (B) to address
workplace exposures.'';
(7) by amending subsection (g) to read as follows:
``(g) Statement on Administrator Finding.--If the Administrator
finds in accordance with subsection (a)(3)(C) that a chemical substance
or significant new use is not likely to present an unreasonable risk of
injury to health or the environment, then notwithstanding any remaining
portion of the applicable review period, the submitter of the notice
may commence manufacture of the chemical substance or manufacture or
processing for the significant new use, and the Administrator shall
make public a statement of the Administrator's finding. Such a
statement shall be submitted for publication in the Federal Register as
soon as is practicable before the expiration of such period.
Publication of such statement in accordance with the preceding sentence
is not a prerequisite to the manufacturing or processing of the
substance with respect to which the statement is to be published.'';
(8) in subsection (h)--
(A) in paragraph (1)(A), by inserting ``, including
an unreasonable risk to a potentially exposed or
susceptible subpopulation identified by the
Administrator for the specific conditions of use
identified in the application'' after ``health or the
environment'';
(B) in paragraph (2), by striking ``data'' each
place it appears and inserting ``information''; and
(C) in paragraph (4), by striking ``. A rule
promulgated'' and all that follows through ``section
6(c)'' and inserting ``, including an unreasonable risk
to a potentially exposed or susceptible subpopulation
identified by the Administrator under the conditions of
use''; and
(9) by amending subsection (i) to read as follows:
``(i) Definitions.--(1) For purposes of this section, the terms
`manufacture' and `process' mean manufacturing or processing for
commercial purposes.
``(2) For purposes of this Act, the term `requirement' as used in
this section shall not displace any statutory or common law.
``(3) For purposes of this section, the term `applicable review
period' means the period starting on the date the Administrator
receives a notice under subsection (a)(1) and ending 90 days after that
date, or on such date as is provided for in subsection (b)(1) or
(c).''.
SEC. 6. PRIORITIZATION, RISK EVALUATION, AND REGULATION OF CHEMICAL
SUBSTANCES AND MIXTURES.
Section 6 of the Toxic Substances Control Act (15 U.S.C. 2605) is
amended--
(1) by striking the section heading and inserting
``prioritization, risk evaluation, and regulation of chemical
substances and mixtures'';
(2) in subsection (a)--
(A) by striking ``finds that there is a reasonable
basis to conclude'' and inserting ``determines in
accordance with subsection (b)(4)(A)'';
(B) by striking ``or will present'';
(C) by inserting ``and subject to section 18, and
in accordance with subsection (c)(2),'' after ``shall
by rule'';
(D) by striking ``to protect adequately against
such risk using the least burdensome requirements'' and
inserting ``so that the chemical substance or mixture
no longer presents such risk'';
(E) by inserting ``or otherwise restricting'' after
``prohibiting'' in paragraphs (1)(A) and (2)(A);
(F) by inserting ``minimum'' before ``warnings''
both places it appears in paragraph (3);
(G) by striking ``and monitor or conduct tests''
and inserting ``or monitor or conduct tests'' in
paragraph (4); and
(H) in paragraph (7)--
(i) by striking ``such unreasonable risk of
injury'' and inserting ``such determination'';
and
(ii) by striking ``such risk of injury''
and inserting ``such determination'';
(3) by amending subsection (b) to read as follows:
``(b) Risk Evaluations.--
``(1) Prioritization for risk evaluations.--
``(A) Establishment of process.--Not later than 1
year after the date of enactment of the Frank R.
Lautenberg Chemical Safety for the 21st Century Act,
the Administrator shall establish, by rule, a risk-
based screening process, including criteria for
designating chemical substances as high-priority
substances for risk evaluations or low-priority
substances for which risk evaluations are not warranted
at the time. The process to designate the priority of
chemical substances shall include a consideration of
the hazard and exposure potential of a chemical
substance or a category of chemical substances
(including consideration of persistence and
bioaccumulation, potentially exposed or susceptible
subpopulations and storage near significant sources of
drinking water), the conditions of use or significant
changes in the conditions of use of the chemical
substance, and the volume or significant changes in the
volume of the chemical substance manufactured or
processed.
``(B) Identification of priorities for risk
evaluation.--
``(i) High-priority substances.--The
Administrator shall designate as a high-
priority substance a chemical substance that
the Administrator concludes, without
consideration of costs or other nonrisk
factors, may present an unreasonable risk of
injury to health or the environment because of
a potential hazard and a potential route of
exposure under the conditions of use, including
an unreasonable risk to a potentially exposed
or susceptible subpopulation identified as
relevant by the Administrator.
``(ii) Low-priority substances.--The
Administrator shall designate a chemical
substance as a low-priority substance if the
Administrator concludes, based on information
sufficient to establish, without consideration
of costs or other nonrisk factors, that such
substance does not meet the standard identified
in clause (i) for designating a chemical
substance a high-priority substance.
``(C) Information request and review and proposed
and final prioritization designation.--The rulemaking
required in subparagraph (A) shall ensure that the time
required to make a priority designation of a chemical
substance be no shorter than nine months and no longer
than 1 year, and that the process for such designations
includes--
``(i) a requirement that the Administrator
request interested persons to submit relevant
information on a chemical substance that the
Administrator has initiated the prioritization
process on, before proposing a priority
designation for the chemical substance, and
provide 90 days for such information to be
provided;
``(ii) a requirement that the Administrator
publish each proposed designation of a chemical
substance as a high- or low-priority substance,
along with an identification of the
information, analysis, and basis used to make
the proposed designations, and provide 90 days
for public comment on each such proposed
designation; and
``(iii) a process by which the
Administrator may extend the deadline in clause
(i) for up to three months in order to receive
or evaluate information required to be
submitted in accordance with section
4(a)(2)(B), subject to the limitation that if
the information available to the Administrator
at the end of such an extension remains
insufficient to enable the designation of the
chemical substance as a low-priority substance,
the Administrator shall designate the chemical
substance as a high-priority substance.
``(2) Initial risk evaluations and subsequent designations
of high- and low-priority substances.--
``(A) Initial risk evaluations.--Not later than 180
days after the date of enactment of the Frank R.
Lautenberg Chemical Safety for the 21st Century Act,
the Administrator shall ensure that risk evaluations
are being conducted on 10 chemical substances drawn
from the 2014 update of the TSCA Work Plan for Chemical
Assessments and shall publish the list of such chemical
substances during the 180 day period.
``(B) Additional risk evaluations.--Not later than
three and one half years after the date of enactment of
the Frank R. Lautenberg Chemical Safety for the 21st
Century Act, the Administrator shall ensure that risk
evaluations are being conducted on at least 20 high-
priority substances and that at least 20 chemical
substances have been designated as low-priority
substances, subject to the limitation that at least 50
percent of all chemical substances on which risk
evaluations are being conducted by the Administrator
are drawn from the 2014 update of the TSCA Work Plan
for Chemical Assessments.
``(C) Continuing designations and risk
evaluations.--The Administrator shall continue to
designate priority substances and conduct risk
evaluations in accordance with this subsection at a
pace consistent with the ability of the Administrator
to complete risk evaluations in accordance with the
deadlines under paragraph (4)(G).
``(D) Preference.--In designating high-priority
substances, the Administrator shall give preference
to--
``(i) chemical substances that are listed
in the 2014 update of the TSCA Work Plan for
Chemical Assessments as having a Persistence
and Bioaccumulation Score of 3; and
``(ii) chemical substances that are listed
in the 2014 update of the TSCA Work Plan for
Chemical Assessments that are known human
carcinogens and have high acute and chronic
toxicity.
``(E) Metals and metal compounds.--In identifying
priorities for risk evaluation and conducting risk
evaluations of metals and metal compounds, the
Administrator shall use the Framework for Metals Risk
Assessment of the Office of the Science Advisor, Risk
Assessment Forum, and dated March 2007, or a successor
document that addresses metals risk assessment and is
peer reviewed by the Science Advisory Board.
``(3) Initiation of risk evaluations; designations.--
``(A) Risk evaluation initiation.--Upon designating
a chemical substance as a high-priority substance, the
Administrator shall initiate a risk evaluation on the
substance.
``(B) Revision.--The Administrator may revise the
designation of a low-priority substance based on
information made available to the Administrator.
``(C) Ongoing designations.--The Administrator
shall designate at least one high-priority substance
upon the completion of each risk evaluation (other than
risk evaluations for chemical substances designated
under paragraph (4)(C)(ii)).
``(4) Risk evaluation process and deadlines.--
``(A) In general.--The Administrator shall conduct
risk evaluations pursuant to this paragraph to
determine whether a chemical substance presents an
unreasonable risk of injury to health or the
environment, without consideration of costs or other
nonrisk factors, including an unreasonable risk to a
potentially exposed or susceptible subpopulation
identified as relevant to the risk evaluation by the
Administrator, under the conditions of use.
``(B) Establishment of process.--Not later than 1
year after the date of enactment of the Frank R.
Lautenberg Chemical Safety for the 21st Century Act,
the Administrator shall establish, by rule, a process
to conduct risk evaluations in accordance with
subparagraph (A).
``(C) Requirement.--The Administrator shall conduct
and publish risk evaluations, in accordance with the
rule promulgated under subparagraph (B), for a chemical
substance--
``(i) that has been identified under
paragraph (2)(A) or designated under paragraph
(1)(B)(i); and
``(ii) subject to subparagraph (E), that a
manufacturer of the chemical substance has
requested, in a form and manner and using the
criteria prescribed by the Administrator in the
rule promulgated under subparagraph (B), be
subjected to a risk evaluation.
``(D) Scope.--The Administrator shall, not later
than 6 months after the initiation of a risk
evaluation, publish the scope of the risk evaluation to
be conducted, including the hazards, exposures,
conditions of use, and the potentially exposed or
susceptible subpopulations the Administrator expects to
consider, and, for each designation of a high-priority
substance, ensure not less than 12 months between the
initiation of the prioritization process for the
chemical substance and the publication of the scope of
the risk evaluation for the chemical substance, and for
risk evaluations conducted on chemical substances that
have been identified under paragraph (2)(A) or selected
under subparagraph (E)(iv)(II) of this paragraph,
ensure not less than 3 months before the Administrator
publishes the scope of the risk evaluation.
``(E) Limitation and criteria.--
``(i) Percentage requirements.--The
Administrator shall ensure that, of the number
of chemical substances that undergo a risk
evaluation under clause (i) of subparagraph
(C), the number of chemical substances
undergoing a risk evaluation under clause (ii)
of subparagraph (C) is--
``(I) not less than 25 percent, if
sufficient requests are made under
clause (ii) of subparagraph (C); and
``(II) not more than 50 percent.
``(ii) Requested risk evaluations.--
Requests for risk evaluations under
subparagraph (C)(ii) shall be subject to the
payment of fees pursuant to section 26(b), and
the Administrator shall not expedite or
otherwise provide special treatment to such
risk evaluations.
``(iii) Preference.--In deciding whether to
grant requests under subparagraph (C)(ii), the
Administrator shall give preference to requests
for risk evaluations on chemical substances for
which the Administrator determines that
restrictions imposed by 1 or more States have
the potential to have a significant impact on
interstate commerce or health or the
environment.
``(iv) Exceptions.--(I) Chemical substances
for which requests have been granted under
subparagraph (C)(ii) shall not be subject to
section 18(b).
``(II) Requests for risk evaluations on
chemical substances which are made under
subparagraph (C)(ii) and that are drawn from
the 2014 update of the TSCA Work Plan for
Chemical Assessments shall be granted at the
discretion of the Administrator and not be
subject to clause (i)(II).
``(F) Requirements.--In conducting a risk
evaluation under this subsection, the Administrator
shall--
``(i) integrate and assess available
information on hazards and exposures for the
conditions of use of the chemical substance,
including information that is relevant to
specific risks of injury to health or the
environment and information on potentially
exposed or susceptible subpopulations
identified as relevant by the Administrator;
``(ii) describe whether aggregate or
sentinel exposures to a chemical substance
under the conditions of use were considered,
and the basis for that consideration;
``(iii) not consider costs or other nonrisk
factors;
``(iv) take into account, where relevant,
the likely duration, intensity, frequency, and
number of exposures under the conditions of use
of the chemical substance; and
``(v) describe the weight of the scientific
evidence for the identified hazard and
exposure.
``(G) Deadlines.--The Administrator--
``(i) shall complete a risk evaluation for
a chemical substance as soon as practicable,
but not later than 3 years after the date on
which the Administrator initiates the risk
evaluation under subparagraph (C); and
``(ii) may extend the deadline for a risk
evaluation for not more than 6 months.
``(H) Notice and comment.--The Administrator shall
provide no less than 30 days public notice and an
opportunity for comment on a draft risk evaluation
prior to publishing a final risk evaluation.'';
(4) by amending subsection (c) to read as follows:
``(c) Promulgation of Subsection (a) Rules.--
``(1) Deadlines.--If the Administrator determines that a
chemical substance presents an unreasonable risk of injury to
health or the environment in accordance with subsection
(b)(4)(A), the Administrator--
``(A) shall propose in the Federal Register a rule
under subsection (a) for the chemical substance not
later than 1 year after the date on which the final
risk evaluation regarding the chemical substance is
published;
``(B) shall publish in the Federal Register a final
rule not later than 2 years after the date on which the
final risk evaluation regarding the chemical substance
is published; and
``(C) may extend the deadlines under this paragraph
for not more than 2 years, subject to the condition
that the aggregate length of extensions under this
subparagraph and subsection (b)(4)(G)(ii) does not
exceed 2 years, and subject to the limitation that the
Administrator may not extend a deadline for the
publication of a proposed or final rule regarding a
chemical substance drawn from the 2014 update of the
TSCA Work Plan for Chemical Assessments or a chemical
substance that, with respect to persistence and
bioaccumulation, scores high for 1 and either high or
moderate for the other, pursuant to the TSCA Work Plan
Chemicals Methods Document published by the
Administrator in February 2012 (or a successor scoring
system), without adequate public justification that
demonstrates, following a review of the information
reasonably available to the Administrator, that the
Administrator cannot complete the proposed or final
rule without additional information regarding the
chemical substance.
``(2) Requirements for rule.--
``(A) Statement of effects.--In proposing and
promulgating a rule under subsection (a) with respect
to a chemical substance or mixture, the Administrator
shall consider and publish a statement based on
reasonably available information with respect to--
``(i) the effects of the chemical substance
or mixture on health and the magnitude of the
exposure of human beings to the chemical
substance or mixture;
``(ii) the effects of the chemical
substance or mixture on the environment and the
magnitude of the exposure of the environment to
such substance or mixture;
``(iii) the benefits of the chemical
substance or mixture for various uses; and
``(iv) the reasonably ascertainable
economic consequences of the rule, including
consideration of--
``(I) the likely effect of the rule
on the national economy, small
business, technological innovation, the
environment, and public health;
``(II) the costs and benefits of
the proposed and final regulatory
action and of the 1 or more primary
alternative regulatory actions
considered by the Administrator; and
``(III) the cost effectiveness of
the proposed regulatory action and of
the 1 or more primary alternative
regulatory actions considered by the
Administrator.
``(B) Selecting requirements.--In selecting among
prohibitions and other restrictions, the Administrator
shall factor in, to the extent practicable, the
considerations under subparagraph (A) in accordance
with subsection (a).
``(C) Consideration of alternatives.--Based on the
information published under subparagraph (A), in
deciding whether to prohibit or restrict in a manner
that substantially prevents a specific condition of use
of a chemical substance or mixture, and in setting an
appropriate transition period for such action, the
Administrator shall consider, to the extent
practicable, whether technically and economically
feasible alternatives that benefit health or the
environment, compared to the use so proposed to be
prohibited or restricted, will be reasonably available
as a substitute when the proposed prohibition or other
restriction takes effect.
``(D) Replacement parts.--
``(i) In general.--The Administrator shall
exempt replacement parts for complex durable
goods and complex consumer goods that are
designed prior to the date of publication in
the Federal Register of the rule under
subsection (a), unless the Administrator finds
that such replacement parts contribute
significantly to the risk, identified in a risk
evaluation conducted under subsection
(b)(4)(A), to the general population or to an
identified potentially exposed or susceptible
subpopulation.
``(ii) Definitions.--In this subparagraph--
``(I) the term `complex consumer
goods' means electronic or mechanical
devices composed of multiple
manufactured components, with an
intended useful life of 3 or more
years, where the product is typically
not consumed, destroyed, or discarded
after a single use, and the components
of which would be impracticable to
redesign or replace; and
``(II) the term `complex durable
goods' means manufactured goods
composed of 100 or more manufactured
components, with an intended useful
life of 5 or more years, where the
product is typically not consumed,
destroyed, or discarded after a single
use.
``(E) Articles.--In selecting among prohibitions
and other restrictions, the Administrator shall apply
such prohibitions or other restrictions to an article
or category of articles containing the chemical
substance or mixture only to the extent necessary to
address the identified risks from exposure to the
chemical substance or mixture from the article or
category of articles so that the substance or mixture
does not present an unreasonable risk of injury to
health or the environment identified in the risk
evaluation conducted in accordance with subsection
(b)(4)(A).
``(3) Procedures.--When prescribing a rule under subsection
(a) the Administrator shall proceed in accordance with section
553 of title 5, United States Code (without regard to any
reference in such section to sections 556 and 557 of such
title), and shall also--
``(A) publish a notice of proposed rulemaking
stating with particularity the reason for the proposed
rule;
``(B) allow interested persons to submit written
data, views, and arguments, and make all such
submissions publicly available;
``(C) promulgate a final rule based on the matter
in the rulemaking record; and
``(D) make and publish with the rule the
determination described in subsection (a).'';
(5) in subsection (d)--
(A) by redesignating paragraph (2) as paragraph
(3);
(B) by striking paragraph (1) and inserting the
following:
``(1) In general.--In any rule under subsection (a), the
Administrator shall--
``(A) specify the date on which it shall take
effect, which date shall be as soon as practicable;
``(B) except as provided in subparagraphs (C) and
(D), specify mandatory compliance dates for all of the
requirements under a rule under subsection (a), which
shall be as soon as practicable, but not later than 5
years after the date of promulgation of the rule,
except in a case of a use exempted under subsection
(g);
``(C) specify mandatory compliance dates for the
start of ban or phase-out requirements under a rule
under subsection (a), which shall be as soon as
practicable, but not later than 5 years after the date
of promulgation of the rule, except in the case of a
use exempted under subsection (g);
``(D) specify mandatory compliance dates for full
implementation of ban or phase-out requirements under a
rule under subsection (a), which shall be as soon as
practicable; and
``(E) provide for a reasonable transition period.
``(2) Variability.--As determined by the Administrator, the
compliance dates established under paragraph (1) may vary for
different affected persons.''; and
(C) in paragraph (3), as so redesignated by
subparagraph (A) of this paragraph--
(i) in subparagraph (A)--
(I) by striking ``upon its
publication'' and all that follows
through ``respecting such rule if'' and
inserting ``, and compliance with the
proposed requirements to be mandatory,
upon publication in the Federal
Register of the proposed rule and until
the compliance dates applicable to such
requirements in a final rule
promulgated under section 6(a) or until
the Administrator revokes such proposed
rule, in accordance with subparagraph
(B), if''; and
(II) in clause (i)(I), by inserting
``without consideration of costs or
other non-risk factors'' after
``effective date''; and
(ii) in subparagraph (B), by striking ``,
provide reasonable opportunity'' and all that
follows through the period at the end and
inserting ``in accordance with subsection (c),
and either promulgate such rule (as proposed or
with modifications) or revoke it.'';
(6) in subsection (e)(4), by striking ``paragraphs (2),
(3), and (4)'' and inserting ``paragraph (3)''; and
(7) by adding at the end the following new subsections:
``(g) Exemptions.--
``(1) Criteria for exemption.--The Administrator may, as
part of a rule promulgated under subsection (a), or in a
separate rule, grant an exemption from a requirement of a
subsection (a) rule for a specific condition of use of a
chemical substance or mixture, if the Administrator finds
that--
``(A) the specific condition of use is a critical
or essential use for which no technically and
economically feasible safer alternative is available,
taking into consideration hazard and exposure;
``(B) compliance with the requirement, as applied
with respect to the specific condition of use, would
significantly disrupt the national economy, national
security, or critical infrastructure; or
``(C) the specific condition of use of the chemical
substance or mixture, as compared to reasonably
available alternatives, provides a substantial benefit
to health, the environment, or public safety.
``(2) Exemption analysis and statement.--In proposing an
exemption under this subsection, the Administrator shall
analyze the need for the exemption, and shall make public the
analysis and a statement describing how the analysis was taken
into account.
``(3) Period of exemption.--The Administrator shall
establish, as part of a rule under this subsection, a time
limit on any exemption for a time to be determined by the
Administrator as reasonable on a case-by-case basis, and, by
rule, may extend, modify, or eliminate an exemption if the
Administrator determines, on the basis of reasonably available
information and after adequate public justification, the
exemption warrants extension or modification or is no longer
necessary.
``(4) Conditions.--As part of a rule promulgated under this
subsection, the Administrator shall include conditions,
including reasonable recordkeeping, monitoring, and reporting
requirements, to the extent that the Administrator determines
the conditions are necessary to protect health and the
environment while achieving the purposes of the exemption.
``(h) Chemicals That Are Persistent, Bioaccumulative, and Toxic.--
``(1) Expedited action.--Not later than 3 years after the
date of enactment of the Frank R. Lautenberg Chemical Safety
for the 21st Century Act, the Administrator shall propose rules
under subsection (a) with respect to chemical substances
identified in the 2014 update of the TSCA Work Plan for
Chemical Assessments--
``(A) that the Administrator has a reasonable basis
to conclude are toxic and that with respect to
persistence and bioaccumulation score high for one and
either high or moderate for the other, pursuant to the
TSCA Work Plan Chemicals Methods Document published by
the Administrator in February 2012 (or a successor
scoring system), and are not a metal or a metal
compound, and for which the Administrator has not
completed a Work Plan Problem Formulation, initiated a
review under section 5, or entered into a consent
agreement under section 4, prior to the date of
enactment of the Frank R. Lautenberg Chemical Safety
for the 21st Century Act; and
``(B) exposure to which under the conditions of use
is likely to the general population or to a potentially
exposed or susceptible subpopulation identified by the
Administrator, or the environment, on the basis of an
exposure and use assessment conducted by the
Administrator.
``(2) No risk evaluation required.--The Administrator shall
not be required to conduct risk evaluations on chemical
substances that are subject to paragraph (1).
``(3) Final rule.--Not later than 18 months after proposing
a rule pursuant to paragraph (1), the Administrator shall
promulgate a final rule under subsection (a).
``(4) Selecting restrictions.--In selecting among
prohibitions and other restrictions promulgated in a rule under
subsection (a) pursuant to paragraph (1), the Administrator
shall address the risks of injury to health or the environment
that the Administrator determines are presented by the chemical
substance and shall reduce exposure to the substance to the
extent practicable.
``(5) Relationship to subsection (b).--If, at any time
prior to the date that is 90 days after the date of enactment
of the Frank R. Lautenberg Chemical Safety for the 21st Century
Act, the Administrator makes a designation under subsection
(b)(1)(B)(i), or receives a request under subsection
(b)(4)(C)(ii), such chemical substance shall not be subject to
this subsection, except that in selecting among prohibitions
and other restrictions promulgated in a rule pursuant to
subsection (a), the Administrator shall both ensure that the
chemical substance meets the rulemaking standard under
subsection (a) and reduce exposure to the substance to the
extent practicable.
``(i) Final Agency Action.--Under this section and subject to
section 18--
``(1) a determination by the Administrator under subsection
(b)(4)(A) that a chemical substance does not present an
unreasonable risk of injury to health or the environment shall
be issued by order and considered to be a final agency action,
effective beginning on the date of issuance of the order; and
``(2) a final rule promulgated under subsection (a),
including the associated determination by the Administrator
under subsection (b)(4)(A) that a chemical substance presents
an unreasonable risk of injury to health or the environment,
shall be considered to be a final agency action, effective
beginning on the date of promulgation of the final rule.
``(j) Definition.--For the purposes of this Act, the term
`requirement' as used in this section shall not displace statutory or
common law.''.
SEC. 7. IMMINENT HAZARDS.
Section 7 of the Toxic Substances Control Act (15 U.S.C. 2606) is
amended--
(1) in subsection (b)(1), by inserting ``(as identified by
the Administrator without consideration of costs or other
nonrisk factors)'' after ``from the unreasonable risk''; and
(2) in subsection (f), by inserting ``, without
consideration of costs or other nonrisk factors'' after
``widespread injury to health or the environment''.
SEC. 8. REPORTING AND RETENTION OF INFORMATION.
(a) In General.--Section 8 of the Toxic Substances Control Act (15
U.S.C. 2607) is amended--
(1) in subsection (a)--
(A) in paragraph (2), by striking the matter that
follows subparagraph (G);
(B) in paragraph (3), by adding at the end the
following:
``(C) Not later than 180 days after the date of enactment of the
Frank R. Lautenberg Chemical Safety for the 21st Century Act, and not
less frequently than once every 10 years thereafter, the Administrator,
after consultation with the Administrator of the Small Business
Administration, shall--
``(i) review the adequacy of the standards prescribed under
subparagraph (B); and
``(ii) after providing public notice and an opportunity for
comment, make a determination as to whether revision of the
standards is warranted.''; and
(C) by adding at the end the following:
``(4) Contents.--The rules promulgated pursuant to
paragraph (1)--
``(A) may impose differing reporting and
recordkeeping requirements on manufacturers and
processors; and
``(B) shall include the level of detail necessary
to be reported, including the manner by which use and
exposure information may be reported.
``(5) Administration.--In carrying out this section, the
Administrator shall, to the extent feasible--
``(A) not require reporting which is unnecessary or
duplicative;
``(B) minimize the cost of compliance with this
section and the rules issued thereunder on small
manufacturers and processors; and
``(C) apply any reporting obligations to those
persons likely to have information relevant to the
effective implementation of this title.
``(6) Negotiated rulemaking.--(A) The Administrator shall
enter into a negotiated rulemaking pursuant to subchapter III
of chapter 5 of title 5, United States Code, to develop and
publish, not later than 3 years after the date of enactment of
the Frank R. Lautenberg Chemical Safety for the 21st Century
Act, a proposed rule providing for limiting the reporting
requirements, under this subsection, for manufacturers of any
inorganic byproducts, when such byproducts, whether by the
byproduct manufacturer or by any other person, are subsequently
recycled, reused, or reprocessed.
``(B) Not later than 3 and one-half years after such date
of enactment, the Administrator shall publish a final rule
resulting from such negotiated rulemaking.''; and
(2) in subsection (b), by adding at the end the following:
``(3) Nomenclature.--
``(A) In general.--In carrying out paragraph (1),
the Administrator shall--
``(i) maintain the use of Class 2
nomenclature in use on the date of enactment of
the Frank R. Lautenberg Chemical Safety for the
21st Century Act;
``(ii) maintain the use of the Soap and
Detergent Association Nomenclature System,
published in March 1978 by the Administrator in
section 1 of addendum III of the document
entitled `Candidate List of Chemical
Substances', and further described in the
appendix A of volume I of the 1985 edition of
the Toxic Substances Control Act Substances
Inventory (EPA Document No. EPA-560/7-85-002a);
and
``(iii) treat the individual members of the
categories of chemical substances identified by
the Administrator as statutory mixtures, as
defined in Inventory descriptions established
by the Administrator, as being included on the
list established under paragraph (1).
``(B) Multiple nomenclature listings.--If a
manufacturer or processor demonstrates to the
Administrator that a chemical substance appears
multiple times on the list published under paragraph
(1) under different CAS numbers, the Administrator may
recognize the multiple listings as a single chemical
substance.
``(4) Chemical substances in commerce.--
``(A) Rules.--
``(i) In general.--Not later than 1 year
after the date of enactment of the Frank R.
Lautenberg Chemical Safety for the 21st Century
Act, the Administrator, by rule, shall require
manufacturers, and may require processors,
subject to the limitations under subsection
(a)(5)(A), to notify the Administrator, by not
later than 180 days after the date on which the
final rule is published in the Federal
Register, of each chemical substance on the
list published under paragraph (1) that the
manufacturer or processor, as applicable, has
manufactured or processed for a nonexempt
commercial purpose during the 10-year period
ending on the day before the date of enactment
of the Frank R. Lautenberg Chemical Safety for
the 21st Century Act.
``(ii) Active substances.--The
Administrator shall designate chemical
substances for which notices are received under
clause (i) to be active substances on the list
published under paragraph (1).
``(iii) Inactive substances.--The
Administrator shall designate chemical
substances for which no notices are received
under clause (i) to be inactive substances on
the list published under paragraph (1).
``(iv) Limitation.--No chemical substance
on the list published under paragraph (1) shall
be removed from such list by reason of the
implementation of this subparagraph, or be
subject to section 5(a)(1)(A)(i) by reason of a
change to active status under paragraph (5)(B).
``(B) Confidential chemical substances.--In
promulgating a rule under subparagraph (A), the
Administrator shall--
``(i) maintain the list under paragraph
(1), which shall include a confidential portion
and a nonconfidential portion consistent with
this section and section 14;
``(ii) require any manufacturer or
processor of a chemical substance on the
confidential portion of the list published
under paragraph (1) that seeks to maintain an
existing claim for protection against
disclosure of the specific chemical identity of
the chemical substance as confidential pursuant
to section 14 to submit a notice under
subparagraph (A) that includes such request;
``(iii) require the substantiation of those
claims pursuant to section 14 and in accordance
with the review plan described in subparagraph
(C); and
``(iv) move any active chemical substance
for which no request was received to maintain
an existing claim for protection against
disclosure of the specific chemical identity of
the chemical substance as confidential from the
confidential portion of the list published
under paragraph (1) to the nonconfidential
portion of that list.
``(C) Review plan.--Not later than 1 year after the
date on which the Administrator compiles the initial
list of active substances pursuant to subparagraph (A),
the Administrator shall promulgate a rule that
establishes a plan to review all claims to protect the
specific chemical identities of chemical substances on
the confidential portion of the list published under
paragraph (1) that are asserted pursuant to
subparagraph (B).
``(D) Requirements of review plan.--In establishing
the review plan under subparagraph (C), the
Administrator shall--
``(i) require, at a time specified by the
Administrator, all manufacturers or processors
asserting claims under subparagraph (B) to
substantiate the claim, in accordance with
section 14, unless the manufacturer or
processor has substantiated the claim in a
submission made to the Administrator during the
5-year period ending on the last day of the of
the time period specified by the Administrator;
and
``(ii) in accordance with section 14--
``(I) review each substantiation--
``(aa) submitted pursuant
to clause (i) to determine if
the claim qualifies for
protection from disclosure; and
``(bb) submitted previously
by a manufacturer or processor
and relied on in lieu of the
substantiation required
pursuant to clause (i), if the
substantiation has not been
previously reviewed by the
Administrator, to determine if
the claim warrants protection
from disclosure;
``(II) approve, approve in part and
deny in part, or deny each claim; and
``(III) except as provided in this
section and section 14, protect from
disclosure information for which the
Administrator approves such a claim for
a period of 10 years, unless, prior to
the expiration of the period--
``(aa) the person notifies
the Administrator that the
person is withdrawing the
claim, in which case the
Administrator shall not protect
the information from
disclosure; or
``(bb) the Administrator
otherwise becomes aware that
the information does not
qualify for protection from
disclosure, in which case the
Administrator shall take the
actions described in section
14(g)(2).
``(E) Timeline for completion of reviews.--
``(i) In general.--The Administrator shall
implement the review plan so as to complete
reviews of all claims specified in subparagraph
(C) not later than 5 years after the date on
which the Administrator compiles the initial
list of active substances pursuant to
subparagraph (A).
``(ii) Considerations.--
``(I) In general.--The
Administrator may extend the deadline
for completion of the reviews for not
more than 2 additional years, after an
adequate public justification, if the
Administrator determines that the
extension is necessary based on the
number of claims needing review and the
available resources.
``(II) Annual review goal and
results.--At the beginning of each
year, the Administrator shall publish
an annual goal for reviews and the
number of reviews completed in the
prior year.
``(5) Active and inactive substances.--
``(A) In general.--The Administrator shall keep
designations of active substances and inactive
substances on the list published under paragraph (1)
current.
``(B) Change to active status.--
``(i) In general.--Any person that intends
to manufacture or process for a nonexempt
commercial purpose a chemical substance that is
designated as an inactive substance shall
notify the Administrator before the date on
which the inactive substance is manufactured or
processed.
``(ii) Confidential chemical identity.--If
a person submitting a notice under clause (i)
for an inactive substance on the confidential
portion of the list published under paragraph
(1) seeks to maintain an existing claim for
protection against disclosure of the specific
chemical identity of the inactive substance as
confidential, the person shall, consistent with
the requirements of section 14--
``(I) in the notice submitted under
clause (i), assert the claim; and
``(II) by not later than 30 days
after providing the notice under clause
(i), substantiate the claim.
``(iii) Active status.--On receiving a
notification under clause (i), the
Administrator shall--
``(I) designate the applicable
chemical substance as an active
substance;
``(II) pursuant to section 14,
promptly review any claim and
associated substantiation submitted
pursuant to clause (ii) for protection
against disclosure of the specific
chemical identity of the chemical
substance and approve, approve in part
and deny in part, or deny the claim;
``(III) except as provided in this
section and section 14, protect from
disclosure the specific chemical
identity of the chemical substance for
which the Administrator approves a
claim under subclause (II) for a period
of 10 years, unless, prior to the
expiration of the period--
``(aa) the person notifies
the Administrator that the
person is withdrawing the
claim, in which case the
Administrator shall not protect
the information from
disclosure; or
``(bb) the Administrator
otherwise becomes aware that
the information does not
qualify for protection from
disclosure, in which case the
Administrator shall take the
actions described in section
14(g)(2); and
``(IV) pursuant to section 6(b),
review the priority of the chemical
substance as the Administrator
determines to be necessary.
``(C) Category status.--The list of inactive
substances shall not be considered to be a category for
purposes of section 26(c).
``(6) Interim list of active substances.--Prior to the
promulgation of the rule required under paragraph (4)(A), the
Administrator shall designate the chemical substances reported
under part 711 of title 40, Code of Federal Regulations (as in
effect on the date of enactment of the Frank R. Lautenberg
Chemical Safety for the 21st Century Act), during the reporting
period that most closely preceded the date of enactment of the
Frank R. Lautenberg Chemical Safety for the 21st Century Act,
as the interim list of active substances for the purposes of
section 6(b).
``(7) Public information.--Subject to this subsection and
section 14, the Administrator shall make available to the
public--
``(A) each specific chemical identity on the
nonconfidential portion of the list published under
paragraph (1) along with the Administrator's
designation of the chemical substance as an active or
inactive substance;
``(B) the unique identifier assigned under section
14, accession number, generic name, and, if applicable,
premanufacture notice case number for each chemical
substance on the confidential portion of the list
published under paragraph (1) for which a claim of
confidentiality was received; and
``(C) the specific chemical identity of any active
substance for which--
``(i) a claim for protection against
disclosure of the specific chemical identity of
the active substance was not asserted, as
required under this subsection or section 14;
``(ii) all claims for protection against
disclosure of the specific chemical identity of
the active substance have been denied by the
Administrator; or
``(iii) the time period for protection
against disclosure of the specific chemical
identity of the active substance has expired.
``(8) Limitation.--No person may assert a new claim under
this subsection or section 14 for protection from disclosure of
a specific chemical identity of any active or inactive
substance for which a notice is received under paragraph
(4)(A)(i) or (5)(B)(i) that is not on the confidential portion
of the list published under paragraph (1).
``(9) Certification.--Under the rules promulgated under
this subsection, manufacturers and processors, as applicable,
shall be required--
``(A) to certify that each notice or substantiation
the manufacturer or processor submits complies with the
requirements of the rule, and that any confidentiality
claims are true and correct; and
``(B) to retain a record documenting compliance
with the rule and supporting confidentiality claims for
a period of 5 years beginning on the last day of the
submission period.''.
(b) Mercury Inventory.--Section 8(b) of the Toxic Substances
Control Act (15 U.S.C. 2607(b)) (as amended by subsection (a)) is
further amended by adding at the end the following:
``(10) Mercury.--
``(A) Definition of mercury.--In this paragraph,
notwithstanding section 3(2)(B), the term `mercury'
means--
``(i) elemental mercury; and
``(ii) a mercury compound.
``(B) Publication.--Not later than April 1, 2017,
and every 3 years thereafter, the Administrator shall
carry out and publish in the Federal Register an
inventory of mercury supply, use, and trade in the
United States.
``(C) Process.--In carrying out the inventory under
subparagraph (B), the Administrator shall--
``(i) identify any manufacturing processes
or products that intentionally add mercury; and
``(ii) recommend actions, including
proposed revisions of Federal law or
regulations, to achieve further reductions in
mercury use.
``(D) Reporting.--
``(i) In general.--To assist in the
preparation of the inventory under subparagraph
(B), any person who manufactures mercury or
mercury-added products or otherwise
intentionally uses mercury in a manufacturing
process shall make periodic reports to the
Administrator, at such time and including such
information as the Administrator shall
determine by rule promulgated not later than 2
years after the date of enactment of this
paragraph.
``(ii) Coordination.--To avoid duplication,
the Administrator shall coordinate the
reporting under this subparagraph with the
Interstate Mercury Education and Reduction
Clearinghouse.
``(iii) Exemption.--Clause (i) shall not
apply to a person engaged in the generation,
handling, or management of mercury-containing
waste, unless that person manufactures or
recovers mercury in the management of that
waste.''.
SEC. 9. 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) in paragraph (1)--
(i) by striking ``has reasonable basis to
conclude'' and inserting ``determines'';
(ii) by striking ``or will present''; and
(iii) by inserting ``, without
consideration of costs or other nonrisk
factors, including an unreasonable risk to a
potentially exposed or susceptible
subpopulation identified as relevant by the
Administrator, under the conditions of use,''
after ``or the environment'';
(B) in paragraph (2)--
(i) in subparagraph (A), by inserting ``,
within the time period specified by the
Administrator in the report,'' after ``issues
an order''; and
(ii) in subparagraph (B), by inserting
``responds within the time period specified by
the Administrator in the report and'' before
``initiates, within 90'';
(C) by redesignating paragraph (3) as paragraph
(6); and
(D) by inserting after paragraph (2) the following:
``(3) The Administrator shall take the actions described in
paragraph (4) if the Administrator makes a report under paragraph (1)
with respect to a chemical substance or mixture and the agency to which
the report was made does not--
``(A) issue the order described in paragraph (2)(A) within
the time period specified by the Administrator in the report;
or
``(B)(i) respond under paragraph (1) within the timeframe
specified by the Administrator in the report; and
``(ii) initiate action within 90 days of publication in the
Federal Register of the response described in clause (i).
``(4) If an agency to which a report is submitted under paragraph
(1) does not take the actions described in subparagraph (A) or (B) of
paragraph (3), the Administrator shall--
``(A) initiate or complete appropriate action under section
6; or
``(B) take any action authorized or required under section
7, as applicable.
``(5) This subsection shall not relieve the Administrator of any
obligation to take any appropriate action under section 6(a) or 7 to
address risks from the manufacture, processing, distribution in
commerce, use, or disposal of a chemical substance or mixture, or any
combination of those activities, that are not identified in a report
issued by the Administrator under paragraph (1).'';
(2) in subsection (b)--
(A) by striking ``The Administrator shall
coordinate'' and inserting ``(1) The Administrator
shall coordinate''; and
(B) by adding at the end the following:
``(2) In making a determination under paragraph (1) that it is in
the public interest for the Administrator to take an action under this
title with respect to a chemical substance or mixture rather than under
another law administered in whole or in part by the Administrator, the
Administrator shall consider, based on information reasonably available
to the Administrator, all relevant aspects of the risk described in
paragraph (1) and a comparison of the estimated costs and efficiencies
of the action to be taken under this title and an action to be taken
under such other law to protect against such risk.''; and
(3) by adding at the end the following:
``(e) Exposure Information.--In addition to the requirements of
subsection (a), if the Administrator obtains information related to
exposures or releases of a chemical substance or mixture that may be
prevented or reduced under another Federal law, including a law not
administered by the Administrator, the Administrator shall make such
information available to the relevant Federal agency or office of the
Environmental Protection Agency.''.
SEC. 10. EXPORTS.
(a) In General.--Section 12(a)(2) of the Toxic Substances Control
Act (15 U.S.C. 2611(a)(2)) is amended by striking ``will present'' and
inserting ``presents''.
(b) Prohibition on Export of Certain Mercury Compounds.--Section
12(c) of the Toxic Substances Control Act (15 U.S.C. 2611(c)) is
amended--
(1) in the subsection heading, by inserting ``and Mercury
Compounds'' after ``Mercury''; and
(2) by adding at the end the following:
``(7) Prohibition on export of certain mercury compounds.--
``(A) In general.--Effective January 1, 2020, the
export of the following mercury compounds is
prohibited:
``(i) Mercury (I) chloride or calomel.
``(ii) Mercury (II) oxide.
``(iii) Mercury (II) sulfate.
``(iv) Mercury (II) nitrate.
``(v) Cinnabar or mercury sulphide.
``(vi) Any mercury compound that the
Administrator adds to the list published under
subparagraph (B) by rule, on determining that
exporting that mercury compound for the purpose
of regenerating elemental mercury is
technically feasible.
``(B) Publication.--Not later than 90 days after
the date of enactment of the Frank R. Lautenberg
Chemical Safety for the 21st Century Act, and as
appropriate thereafter, the Administrator shall publish
in the Federal Register a list of the mercury compounds
that are prohibited from export under this paragraph.
``(C) Petition.--Any person may petition the
Administrator to add a mercury compound to the list
published under subparagraph (B).
``(D) Environmentally sound disposal.--This
paragraph does not prohibit the export of mercury
compounds on the list published under subparagraph (B)
to member countries of the Organization for Economic
Co-operation and Development for environmentally sound
disposal, on the condition that no mercury or mercury
compounds so exported are to be recovered, recycled, or
reclaimed for use, or directly reused, after such
export.
``(E) Report.--Not later than 5 years after the
date of enactment of the Frank R. Lautenberg Chemical
Safety for the 21st Century Act, the Administrator
shall evaluate any exports of mercury compounds on the
list published under subparagraph (B) for disposal that
occurred after such date of enactment and shall submit
to Congress a report that--
``(i) describes volumes and sources of
mercury compounds on the list published under
subparagraph (B) exported for disposal;
``(ii) identifies receiving countries of
such exports;
``(iii) describes methods of disposal used
after such export;
``(iv) identifies issues, if any, presented
by the export of mercury compounds on the list
published under subparagraph (B);
``(v) includes an evaluation of management
options in the United States for mercury
compounds on the list published under
subparagraph (B), if any, that are commercially
available and comparable in cost and efficacy
to methods being utilized in such receiving
countries; and
``(vi) makes a recommendation regarding
whether Congress should further limit or
prohibit the export of mercury compounds on the
list published under subparagraph (B) for
disposal.
``(F) Effect on other law.--Nothing in this
paragraph shall be construed to affect the authority of
the Administrator under the Solid Waste Disposal Act
(42 U.S.C. 6901 et seq.).''.
(c) Temporary Generator Accumulation.--Section 5 of the Mercury
Export Ban Act of 2008 (42 U.S.C. 6939f) is amended--
(1) in subsection (a)(2), by striking ``2013'' and
inserting ``2019'';
(2) in subsection (b)--
(A) in paragraph (1)--
(i) by redesignating subparagraphs (A),
(B), and (C), as clauses (i), (ii), and (iii),
respectively and indenting appropriately;
(ii) in the first sentence, by striking
``After consultation'' and inserting the
following:
``(A) Assessment and collection.--After
consultation'';
(iii) in the second sentence, by striking
``The amount of such fees'' and inserting the
following:
``(B) Amount.--The amount of the fees described in
subparagraph (A)'';
(iv) in subparagraph (B) (as so
designated)--
(I) in clause (i) (as so
redesignated), by striking ``publically
available not later than October 1,
2012'' and inserting ``publicly
available not later than October 1,
2018'';
(II) in clause (ii) (as so
redesignated), by striking ``and'';
(III) in clause (iii) (as so
redesignated), by striking the period
at the end and inserting ``, subject to
clause (iv); and''; and
(IV) by adding at the end the
following:
``(iv) for generators temporarily
accumulating elemental mercury in a facility
subject to subparagraphs (B) and (D)(iv) of
subsection (g)(2) if the facility designated in
subsection (a) is not operational by January 1,
2019, shall be adjusted to subtract the cost of
the temporary accumulation during the period in
which the facility designated under subsection
(a) is not operational.''; and
(v) by adding at the end the following:
``(C) Conveyance of title and permitting.--If the
facility designated in subsection (a) is not
operational by January 1, 2020, the Secretary--
``(i) shall immediately accept the
conveyance of title to all elemental mercury
that has accumulated in facilities in
accordance with subsection (g)(2)(D), before
January 1, 2020, and deliver the accumulated
mercury to the facility designated under
subsection (a) on the date on which the
facility becomes operational;
``(ii) shall pay any applicable Federal
permitting costs, including the costs for
permits issued under section 3005(c) of the
Solid Waste Disposal Act (42 U.S.C. 6925(c));
and
``(iii) shall store, or pay the cost of
storage of, until the time at which a facility
designated in subsection (a) is operational,
accumulated mercury to which the Secretary has
title under this subparagraph in a facility
that has been issued a permit under section
3005(c) of the Solid Waste Disposal Act (42
U.S.C. 6925(c)).''; and
(B) in paragraph (2), in the first sentence, by
striking ``paragraph (1)(C)'' and inserting ``paragraph
(1)(B)(iii)''; and
(3) in subsection (g)(2)--
(A) in the undesignated material at the end, by
striking ``This subparagraph'' and inserting the
following:
``(C) Subparagraph (B)'';
(B) in subparagraph (C) (as designated by
subparagraph (A)), by inserting ``of that
subparagraph'' before the period at the end; and
(C) by adding at the end the following:
``(D) A generator producing elemental mercury
incidentally from the beneficiation or processing of
ore or related pollution control activities may
accumulate the mercury produced onsite that is destined
for a facility designated by the Secretary under
subsection (a) for more than 90 days without a permit
issued under section 3005(c) of the Solid Waste
Disposal Act (42 U.S.C. 6925(c)), and shall not be
subject to the storage prohibition of section 3004(j)
of that Act (42 U.S.C. 6924(j)), if--
``(i) the Secretary is unable to accept the
mercury at a facility designated by the
Secretary under subsection (a) for reasons
beyond the control of the generator;
``(ii) the generator certifies in writing
to the Secretary that the generator will ship
the mercury to a designated facility when the
Secretary is able to accept the mercury;
``(iii) the generator certifies in writing
to the Secretary that the generator is storing
only mercury the generator has produced or
recovered onsite and will not sell, or
otherwise place into commerce, the mercury; and
``(iv) the generator has obtained an
identification number under section 262.12 of
title 40, Code of Federal Regulations, and
complies with the requirements described in
paragraphs (1) through (4) of section 262.34(a)
of title 40, Code of Federal Regulations (as in
effect on the date of enactment of this
subparagraph).
``(E) Management standards for temporary storage.--
Not later than January 1, 2017, the Secretary, after
consultation with the Administrator of the
Environmental Protection Agency and State agencies in
affected States, shall develop and make available
guidance that establishes procedures and standards for
the management and short-term storage of elemental
mercury at a generator covered under subparagraph (D),
including requirements to ensure appropriate use of
flasks or other suitable containers. Such procedures
and standards shall be protective of health and the
environment and shall ensure that the elemental mercury
is stored in a safe, secure, and effective manner. A
generator may accumulate mercury in accordance with
subparagraph (D) immediately upon enactment of this
subparagraph, and notwithstanding that guidance called
for by this paragraph has not been developed or made
available.''.
(d) Interim Status.--Section 5(d)(1) of the Mercury Export Ban Act
of 2008 (42 U.S.C. 6939f(d)(1)) is amended--
(1) in the fourth sentence, by striking ``in existence on
or before January 1, 2013,''; and
(2) in the last sentence, by striking ``January 1, 2015''
and inserting ``January 1, 2020''.
SEC. 11. CONFIDENTIAL INFORMATION.
Section 14 of the Toxic Substances Control Act (15 U.S.C. 2613) is
amended to read as follows:
``SEC. 14. CONFIDENTIAL INFORMATION.
``(a) In General.--Except as provided in this section, the
Administrator shall not disclose information that is exempt from
disclosure pursuant to subsection (a) of section 552 of title 5, United
States Code, by reason of subsection (b)(4) of that section--
``(1) that is reported to, or otherwise obtained by, the
Administrator under this Act; and
``(2) for which the requirements of subsection (c) are met.
In any proceeding under section 552(a) of title 5, United States Code,
to obtain information the disclosure of which has been denied because
of the provisions of this subsection, the Administrator may not rely on
section 552(b)(3) of such title to sustain the Administrator's action.
``(b) Information Not Protected From Disclosure.--
``(1) Mixed confidential and nonconfidential information.--
Information that is protected from disclosure under this
section, and which is mixed with information that is not
protected from disclosure under this section, does not lose its
protection from disclosure notwithstanding that it is mixed
with information that is not protected from disclosure.
``(2) Information from health and safety studies.--
Subsection (a) does not prohibit the disclosure of--
``(A) any health and safety study which is
submitted under this Act with respect to--
``(i) any chemical substance or mixture
which, on the date on which such study is to be
disclosed has been offered for commercial
distribution; or
``(ii) any chemical substance or mixture
for which testing is required under section 4
or for which notification is required under
section 5; and
``(B) any information reported to, or otherwise
obtained by, the Administrator from a health and safety
study which relates to a chemical substance or mixture
described in clause (i) or (ii) of subparagraph (A).
This paragraph does not authorize the disclosure of any
information, including formulas (including molecular
structures) of a chemical substance or mixture, that discloses
processes used in the manufacturing or processing of a chemical
substance or mixture or, in the case of a mixture, the portion
of the mixture comprised by any of the chemical substances in
the mixture.
``(3) Other information not protected from disclosure.--
Subsection (a) does not prohibit the disclosure of--
``(A) any general information describing the
manufacturing volumes, expressed as specific aggregated
volumes or, if the Administrator determines that
disclosure of specific aggregated volumes would reveal
confidential information, expressed in ranges; or
``(B) a general description of a process used in
the manufacture or processing and industrial,
commercial, or consumer functions and uses of a
chemical substance, mixture, or article containing a
chemical substance or mixture, including information
specific to an industry or industry sector that
customarily would be shared with the general public or
within an industry or industry sector.
``(4) Bans and phase-outs.--
``(A) In general.--If the Administrator promulgates
a rule pursuant to section 6(a) that establishes a ban
or phase-out of a chemical substance or mixture, the
protection from disclosure of any information under
this section with respect to the chemical substance or
mixture shall be presumed to no longer apply, subject
to subsection (g)(1)(E) and subparagraphs (B) and (C)
of this paragraph.
``(B) Limitations.--
``(i) Critical use.--In the case of a
chemical substance or mixture for which a
specific condition of use is subject to an
exemption pursuant to section 6(g), if the
Administrator establishes a ban or phase-out
described in subparagraph (A) with respect to
the chemical substance or mixture, the
presumption against protection under such
subparagraph shall only apply to information
that relates solely to any conditions of use of
the chemical substance or mixture to which the
exemption does not apply.
``(ii) Export.--In the case of a chemical
substance or mixture for which there is
manufacture, processing, or distribution in
commerce that meets the conditions of section
12(a)(1), if the Administrator establishes a
ban or phase-out described in subparagraph (A)
with respect to the chemical substance or
mixture, the presumption against protection
under such subparagraph shall only apply to
information that relates solely to any other
manufacture, processing, or distribution in
commerce of the chemical substance or mixture
for the conditions of use subject to the ban or
phase-out, unless the Administrator makes the
determination in section 12(a)(2).
``(iii) Specific conditions of use.--In the
case of a chemical substance or mixture for
which the Administrator establishes a ban or
phase-out described in subparagraph (A) with
respect to a specific condition of use of the
chemical substance or mixture, the presumption
against protection under such subparagraph
shall only apply to information that relates
solely to the condition of use of the chemical
substance or mixture for which the ban or
phase-out is established.
``(C) Request for nondisclosure.--
``(i) In general.--A manufacturer or
processor of a chemical substance or mixture
subject to a ban or phase-out described in this
paragraph may submit to the Administrator,
within 30 days of receiving a notification
under subsection (g)(2)(A), a request,
including documentation supporting such
request, that some or all of the information to
which the notice applies should not be
disclosed or that its disclosure should be
delayed, and the Administrator shall review the
request under subsection (g)(1)(E).
``(ii) Effect of no request or denial.--If
no request for nondisclosure or delay is
submitted to the Administrator under this
subparagraph, or the Administrator denies such
a request under subsection (g)(1)(A), the
information shall not be protected from
disclosure under this section.
``(5) Certain requests.--If a request is made to the
Administrator under section 552(a) of title 5, United States
Code, for information reported to or otherwise obtained by the
Administrator under this Act that is not protected from
disclosure under this subsection, the Administrator may not
deny the request on the basis of section 552(b)(4) of title 5,
United States Code.
``(c) Requirements for Confidentiality Claims.--
``(1) Assertion of claims.--
``(A) In general.--A person seeking to protect from
disclosure any information that person submits under
this Act (including information described in paragraph
(2)) shall assert to the Administrator a claim for
protection from disclosure concurrent with submission
of the information, in accordance with such rules
regarding a claim for protection from disclosure as the
Administrator has promulgated or may promulgate
pursuant to this title.
``(B) Inclusion.--An assertion of a claim under
subparagraph (A) shall include a statement that the
person has--
``(i) taken reasonable measures to protect
the confidentiality of the information;
``(ii) determined that the information is
not required to be disclosed or otherwise made
available to the public under any other Federal
law;
``(iii) a reasonable basis to conclude that
disclosure of the information is likely to
cause substantial harm to the competitive
position of the person; and
``(iv) a reasonable basis to believe that
the information is not readily discoverable
through reverse engineering.
``(C) Additional requirements for claims regarding
chemical identity information.--In the case of a claim
under subparagraph (A) for protection from disclosure
of a specific chemical identity, the claim shall
include a structurally descriptive generic name for the
chemical substance that the Administrator may disclose
to the public, subject to the condition that such
generic name shall--
``(i) be consistent with guidance developed
by the Administrator under paragraph (4)(A);
and
``(ii) describe the chemical structure of
the chemical substance as specifically as
practicable while protecting those features of
the chemical structure--
``(I) that are claimed as
confidential; and
``(II) the disclosure of which
would be likely to cause substantial
harm to the competitive position of the
person.
``(2) Information generally not subject to substantiation
requirements.--Subject to subsection (f), the following
information shall not be subject to substantiation requirements
under paragraph (3):
``(A) Specific information describing the processes
used in manufacture or processing of a chemical
substance, mixture, or article.
``(B) Marketing and sales information.
``(C) Information identifying a supplier or
customer.
``(D) In the case of a mixture, details of the full
composition of the mixture and the respective
percentages of constituents.
``(E) Specific information regarding the use,
function, or application of a chemical substance or
mixture in a process, mixture, or article.
``(F) Specific production or import volumes of the
manufacturer or processor.
``(G) Prior to the date on which a chemical
substance is first offered for commercial distribution,
the specific chemical identity of the chemical
substance, including the chemical name, molecular
formula, Chemical Abstracts Service number, and other
information that would identify the specific chemical
substance, if the specific chemical identity was
claimed as confidential at the time it was submitted in
a notice under section 5.
``(3) Substantiation requirements.--Except as provided in
paragraph (2), a person asserting a claim to protect
information from disclosure under this section shall
substantiate the claim, in accordance with such rules as the
Administrator has promulgated or may promulgate pursuant to
this section.
``(4) Guidance.--The Administrator shall develop guidance
regarding--
``(A) the determination of structurally descriptive
generic names, in the case of claims for the protection
from disclosure of specific chemical identity; and
``(B) the content and form of the statements of
need and agreements required under paragraphs (4), (5),
and (6) of subsection (d).
``(5) Certification.--An authorized official of a person
described in paragraph (1)(A) shall certify that the statement
required to assert a claim submitted pursuant to paragraph
(1)(B), and any information required to substantiate a claim
submitted pursuant to paragraph (3), are true and correct.
``(d) Exceptions to Protection From Disclosure.--Information
described in subsection (a)--
``(1) shall be disclosed to an officer or employee of the
United States--
``(A) in connection with the official duties of
that person under any Federal law for the protection of
health or the environment; or
``(B) for a specific Federal law enforcement
purpose;
``(2) shall be disclosed to a contractor of the United
States and employees of that contractor--
``(A) 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 for the performance of work in connection
with this Act; and
``(B) subject to such conditions as the
Administrator may specify;
``(3) shall be disclosed if the Administrator determines
that disclosure is necessary to protect health or the
environment against an unreasonable risk of injury to health or
the environment, without consideration of costs or other
nonrisk factors, including an unreasonable risk to a
potentially exposed or susceptible subpopulation identified as
relevant by the Administrator under the conditions of use;
``(4) shall be disclosed to a State, political subdivision
of a State, or tribal government, on written request, for the
purpose of administration or enforcement of a law, if such
entity has 1 or more applicable agreements with the
Administrator that are consistent with the guidance developed
under subsection (c)(4)(B) and ensure that the entity will take
appropriate measures, and has adequate authority, to maintain
the confidentiality of the information in accordance with
procedures comparable to the procedures used by the
Administrator to safeguard the information;
``(5) shall be disclosed to a health or environmental
professional employed by a Federal or State agency or tribal
government or a treating physician or nurse in a nonemergency
situation if such person provides a written statement of need
and agrees to sign a written confidentiality agreement with the
Administrator, subject to the conditions that--
``(A) the statement of need and confidentiality
agreement are consistent with the guidance developed
under subsection (c)(4)(B);
``(B) the statement of need shall be a statement
that the person has a reasonable basis to suspect
that--
``(i) the information is necessary for, or
will assist in--
``(I) the diagnosis or treatment of
1 or more individuals; or
``(II) responding to an
environmental release or exposure; and
``(ii) 1 or more individuals being
diagnosed or treated have been exposed to the
chemical substance or mixture concerned, or an
environmental release of or exposure to the
chemical substance or mixture concerned has
occurred; and
``(C) the person will not use the information for
any purpose other than the health or environmental
needs asserted in the statement of need, except as
otherwise may be authorized by the terms of the
agreement or by the person who has a claim under this
section with respect to the information;
``(6) shall be disclosed in the event of an emergency to a
treating or responding physician, nurse, agent of a poison
control center, public health or environmental official of a
State, political subdivision of a State, or tribal government,
or first responder (including any individual duly authorized by
a Federal agency, State, political subdivision of a State, or
tribal government who is trained in urgent medical care or
other emergency procedures, including a police officer,
firefighter, or emergency medical technician) if such person
requests the information, subject to the conditions that such
person shall--
``(A) have a reasonable basis to suspect that--
``(i) a medical, public health, or
environmental emergency exists;
``(ii) the information is necessary for, or
will assist in, emergency or first-aid
diagnosis or treatment; or
``(iii) 1 or more individuals being
diagnosed or treated have likely been exposed
to the chemical substance or mixture concerned,
or a serious environmental release of or
exposure to the chemical substance or mixture
concerned has occurred; and
``(B) if requested by a person who has a claim with
respect to the information under this section--
``(i) provide a written statement of need
and agree to sign a confidentiality agreement,
as described in paragraph (5); and
``(ii) submit to the Administrator such
statement of need and confidentiality agreement
as soon as practicable, but not necessarily
before the information is disclosed;
``(7) may be disclosed if the Administrator determines that
disclosure is relevant in a proceeding under this Act, subject
to the condition that the disclosure is made in such a manner
as to preserve confidentiality to the extent practicable
without impairing the proceeding;
``(8) shall be disclosed if the information is required to
be made public under any other provision of Federal law; and
``(9) shall be disclosed as required pursuant to discovery,
subpoena, other court order, or any other judicial process
otherwise allowed under applicable Federal or State law.
``(e) Duration of Protection From Disclosure.--
``(1) In general.--Subject to paragraph (2), subsection
(f)(3), and section 8(b), the Administrator shall protect from
disclosure information described in subsection (a)--
``(A) in the case of information described in
subsection (c)(2), until such time as--
``(i) the person that asserted the claim
notifies the Administrator that the person is
withdrawing the claim, in which case the
information shall not be protected from
disclosure under this section; or
``(ii) the Administrator becomes aware that
the information does not qualify for protection
from disclosure under this section, in which
case the Administrator shall take any actions
required under subsections (f) and (g); and
``(B) in the case of information other than
information described in subsection (c)(2)--
``(i) for a period of 10 years from the
date on which the person asserts the claim with
respect to the information submitted to the
Administrator; or
``(ii) if applicable before the expiration
of such 10-year period, until such time as--
``(I) the person that asserted the
claim notifies the Administrator that
the person is withdrawing the claim, in
which case the information shall not be
protected from disclosure under this
section; or
``(II) the Administrator becomes
aware that the information does not
qualify for protection from disclosure
under this section, in which case the
Administrator shall take any actions
required under subsections (f) and (g).
``(2) Extensions.--
``(A) In general.--In the case of information other
than information described in subsection (c)(2), not
later than the date that is 60 days before the
expiration of the period described in paragraph
(1)(B)(i), the Administrator shall provide to the
person that asserted the claim a notice of the
impending expiration of the period.
``(B) Request.--
``(i) In general.--Not later than the date
that is 30 days before the expiration of the
period described in paragraph (1)(B)(i), a
person reasserting the relevant claim shall
submit to the Administrator a request for
extension substantiating, in accordance with
subsection (c)(3), the need to extend the
period.
``(ii) Action by administrator.--Not later
than the date of expiration of the period
described in paragraph (1)(B)(i), the
Administrator shall, in accordance with
subsection (g)(1)--
``(I) review the request submitted
under clause (i);
``(II) make a determination
regarding whether the claim for which
the request was submitted continues to
meet the relevant requirements of this
section; and
``(III)(aa) grant an extension of
10 years; or
``(bb) deny the request.
``(C) No limit on number of extensions.--There
shall be no limit on the number of extensions granted
under this paragraph, if the Administrator determines
that the relevant request under subparagraph (B)(i)--
``(i) establishes the need to extend the
period; and
``(ii) meets the requirements established
by the Administrator.
``(f) Review and Resubstantiation.--
``(1) Discretion of administrator.--The Administrator may
require any person that has claimed protection for information
from disclosure under this section, whether before, on, or
after the date of enactment of the Frank R. Lautenberg Chemical
Safety for the 21st Century Act, to reassert and substantiate
or resubstantiate the claim in accordance with this section--
``(A) after the chemical substance is designated as
a high-priority substance under section 6(b);
``(B) for any chemical substance designated as an
active substance under section 8(b)(5)(B)(iii); or
``(C) if the Administrator determines that
disclosure of certain information currently protected
from disclosure would be important to assist the
Administrator in conducting risk evaluations or
promulgating rules under section 6.
``(2) Review required.--The Administrator shall review a
claim for protection of information from disclosure under this
section and require any person that has claimed protection for
that information, whether before, on, or after the date of
enactment of the Frank R. Lautenberg Chemical Safety for the
21st Century Act, to reassert and substantiate or
resubstantiate the claim in accordance with this section--
``(A) as necessary to determine whether the
information qualifies for an exemption from disclosure
in connection with a request for information received
by the Administrator under section 552 of title 5,
United States Code;
``(B) if the Administrator has a reasonable basis
to believe that the information does not qualify for
protection from disclosure under this section; or
``(C) for any chemical substance the Administrator
determines under section 6(b)(4)(A) presents an
unreasonable risk of injury to health or the
environment.
``(3) Period of protection.--If the Administrator requires
a person to reassert and substantiate or resubstantiate a claim
under this subsection, and determines that the claim continues
to meet the relevant requirements of this section, the
Administrator shall protect the information subject to the
claim from disclosure for a period of 10 years from the date of
such determination, subject to any subsequent requirement by
the Administrator under this subsection.
``(g) Duties of Administrator.--
``(1) Determination.--
``(A) In general.--Except for claims regarding
information described in subsection (c)(2), the
Administrator shall, subject to subparagraph (C), not
later than 90 days after the receipt of a claim under
subsection (c), and not later than 30 days after the
receipt of a request for extension of a claim under
subsection (e) or a request under subsection (b)(4)(C),
review and approve, approve in part and deny in part,
or deny the claim or request.
``(B) Reasons for denial.--If the Administrator
denies or denies in part a claim or request under
subparagraph (A) the Administrator shall provide to the
person that asserted the claim or submitted the request
a written statement of the reasons for the denial or
denial in part of the claim or request.
``(C) Subsets.--The Administrator shall--
``(i) except with respect to information
described in subsection (c)(2)(G), review all
claims or requests under this section for the
protection from disclosure of the specific
chemical identity of a chemical substance; and
``(ii) review a representative subset,
comprising at least 25 percent, of all other
claims or requests for protection from
disclosure under this section.
``(D) Effect of failure to act.--The failure of the
Administrator to make a decision regarding a claim or
request for protection from disclosure or extension
under this section shall not have the effect of denying
or eliminating a claim or request for protection from
disclosure.
``(E) Determination of requests under subsection
(b)(4)(C).--With respect to a request submitted under
subsection (b)(4)(C), the Administrator shall, with the
objective of ensuring that information relevant to the
protection of health and the environment is disclosed
to the extent practicable, determine whether the
documentation provided by the person rebuts what shall
be the presumption of the Administrator that the public
interest in the disclosure of the information outweighs
the public or proprietary interest in maintaining the
protection for all or a portion of the information that
the person has requested not be disclosed or for which
disclosure be delayed.
``(2) Notification.--
``(A) In general.--Except as provided in
subparagraph (B) and subsections (b), (d), and (e), if
the Administrator denies or denies in part a claim or
request under paragraph (1), concludes, in accordance
with this section, that the information does not
qualify for protection from disclosure, intends to
disclose information pursuant to subsection (d), or
promulgates a rule under section 6(a) establishing a
ban or phase-out with respect to a chemical substance
or mixture, the Administrator shall notify, in writing,
the person that asserted the claim or submitted the
request of the intent of the Administrator to disclose
the information or not protect the information from
disclosure under this section. The notice shall be
furnished by certified mail (return receipt requested),
by personal delivery, or by other means that allows
verification of the fact and date of receipt.
``(B) Disclosure of information.--Except as
provided in subparagraph (C), the Administrator shall
not disclose information under this subsection until
the date that is 30 days after the date on which the
person that asserted the claim or submitted the request
receives notification under subparagraph (A).
``(C) Exceptions.--
``(i) Fifteen day notification.--For
information the Administrator intends to
disclose under subsections (d)(3), (d)(4),
(d)(5), and (j), the Administrator shall not
disclose the information until the date that is
15 days after the date on which the person that
asserted the claim or submitted the request
receives notification under subparagraph (A),
except that, with respect to information to be
disclosed under subsection (d)(3), if the
Administrator determines that disclosure of the
information is necessary to protect against an
imminent and substantial harm to health or the
environment, no prior notification shall be
necessary.
``(ii) Notification as soon as
practicable.--For information the Administrator
intends to disclose under paragraph (6) of
subsection (d), the Administrator shall notify
the person that submitted the information that
the information has been disclosed as soon as
practicable after disclosure of the
information.
``(iii) No notification required.--
Notification shall not be required--
``(I) for the disclosure of
information under paragraphs (1), (2),
(7), or (8) of subsection (d); or
``(II) for the disclosure of
information for which--
``(aa) the Administrator
has provided to the person that
asserted the claim a notice
under subsection (e)(2)(A); and
``(bb) such person does not
submit to the Administrator a
request under subsection
(e)(2)(B) on or before the
deadline established in
subsection (e)(2)(B)(i).
``(D) Appeals.--
``(i) Action to restrain disclosure.--If a
person receives a notification under this
paragraph and believes the information is
protected from disclosure under this section,
before the date on which the information is to
be disclosed pursuant to subparagraph (B) or
(C) the person may bring an action to restrain
disclosure of the information in--
``(I) the United States district
court of the district in which the
complainant resides or has the
principal place of business; or
``(II) the United States District
Court for the District of Columbia.
``(ii) No disclosure.--
``(I) In general.--Subject to
subsection (d), the Administrator shall
not disclose information that is the
subject of an appeal under this
paragraph before the date on which the
applicable court rules on an action
under clause (i).
``(II) Exception.--Subclause (I)
shall not apply to disclosure of
information described under subsections
(d)(4) and (j).
``(3) Request and notification system.--The Administrator,
in consultation with the Director of the Centers for Disease
Control and Prevention, shall develop a request and
notification system that, in a format and language that is
readily accessible and understandable, allows for expedient and
swift access to information disclosed pursuant to paragraphs
(5) and (6) of subsection (d).
``(4) Unique identifier.--The Administrator shall--
``(A)(i) develop a system to assign a unique
identifier to each specific chemical identity for which
the Administrator approves a request for protection
from disclosure, which shall not be either the specific
chemical identity or a structurally descriptive generic
term; and
``(ii) apply that identifier consistently to all
information relevant to the applicable chemical
substance;
``(B) annually publish and update a list of
chemical substances, referred to by their unique
identifiers, for which claims to protect the specific
chemical identity from disclosure have been approved,
including the expiration date for each such claim;
``(C) ensure that any nonconfidential information
received by the Administrator with respect to a
chemical substance included on the list published under
subparagraph (B) while the specific chemical identity
of the chemical substance is protected from disclosure
under this section identifies the chemical substance
using the unique identifier; and
``(D) for each claim for protection of a specific
chemical identity that has been denied by the
Administrator or expired, or that has been withdrawn by
the person who asserted the claim, and for which the
Administrator has used a unique identifier assigned
under this paragraph to protect the specific chemical
identity in information that the Administrator has made
public, clearly link the specific chemical identity to
the unique identifier in such information to the extent
practicable.
``(h) Criminal Penalty for Wrongful Disclosure.--
``(1) Individuals subject to penalty.--
``(A) In general.--Subject to subparagraph (C) and
paragraph (2), an individual described in subparagraph
(B) shall be fined under title 18, United States Code,
or imprisoned for not more than 1 year, or both.
``(B) Description.--An individual referred to in
subparagraph (A) is an individual who--
``(i) pursuant to this section, obtained
possession of, or has access to, information
protected from disclosure under this section;
and
``(ii) knowing that the information is
protected from disclosure under this section,
willfully discloses the information in any
manner to any person not entitled to receive
that information.
``(C) Exception.--This paragraph shall not apply to
any medical professional (including an emergency
medical technician or other first responder) who
discloses any information obtained under paragraph (5)
or (6) of subsection (d) to a patient treated by the
medical professional, or to a person authorized to make
medical or health care decisions on behalf of such a
patient, as needed for the diagnosis or treatment of
the patient.
``(2) Other laws.--Section 1905 of title 18, United States
Code, shall not apply with respect to the publishing,
divulging, disclosure, or making known of, or making available,
information reported to or otherwise obtained by the
Administrator under this Act.
``(i) Applicability.--
``(1) In general.--Except as otherwise provided in this
section, section 8, or any other applicable Federal law, the
Administrator shall have no authority--
``(A) to require the substantiation or
resubstantiation of a claim for the protection from
disclosure of information reported to or otherwise
obtained by the Administrator under this Act prior to
the date of enactment of the Frank R. Lautenberg
Chemical Safety for the 21st Century Act; or
``(B) to impose substantiation or resubstantiation
requirements, with respect to the protection of
information described in subsection (a), under this Act
that are more extensive than those required under this
section.
``(2) Actions prior to promulgation of rules.--Nothing in
this Act prevents the Administrator from reviewing, requiring
substantiation or resubstantiation of, or approving, approving
in part, or denying any claim for the protection from
disclosure of information before the effective date of such
rules applicable to those claims as the Administrator may
promulgate after the date of enactment of the Frank R.
Lautenberg Chemical Safety for the 21st Century Act.
``(j) Access by Congress.--Notwithstanding any limitation contained
in 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, upon written
request of any duly authorized committee of the Congress, to such
committee.''.
SEC. 12. PENALTIES.
Section 16 of the Toxic Substances Control Act (15 U.S.C. 2615) is
amended--
(1) in subsection (a)(1), by striking ``$25,000'' and
inserting ``$37,500''; and
(2) in subsection (b)--
(A) by striking ``Any person'' and inserting the
following:
``(1) In general.--Any person'';
(B) by striking ``$25,000'' and inserting
``$50,000''; and
(C) by adding at the end the following:
``(2) Imminent danger of death or serious bodily injury.--
``(A) In general.--Any person who knowingly and
willfully violates any provision of section 15 or 409,
and who knows at the time of the violation that the
violation places an individual in imminent danger of
death or serious bodily injury, shall be subject on
conviction to a fine of not more than $250,000, or
imprisonment for not more than 15 years, or both.
``(B) Organizations.--Notwithstanding the penalties
described in subparagraph (A), an organization that
commits a knowing violation described in subparagraph
(A) shall be subject on conviction to a fine of not
more than $1,000,000 for each violation.
``(C) Incorporation of corresponding provisions.--
Subparagraphs (B) through (F) of section 113(c)(5) of
the Clean Air Act (42 U.S.C. 7413(c)(5)(B)-(F)) shall
apply to the prosecution of a violation under this
paragraph.''.
SEC. 13. STATE-FEDERAL RELATIONSHIP.
Section 18 of the Toxic Substances Control Act (15 U.S.C. 2617) is
amended--
(1) by amending subsection (a) to read as follows:
``(a) In General.--
``(1) Establishment or enforcement.--Except as otherwise
provided in subsections (c), (d), (e), (f), and (g), and
subject to paragraph (2), no State or political subdivision of
a State may establish or continue to enforce any of the
following:
``(A) Development of information.--A statute or
administrative action to require the development of
information about a chemical substance or category of
chemical substances that is reasonably likely to
produce the same information required under section 4,
5, or 6 in--
``(i) a rule promulgated by the
Administrator;
``(ii) a consent agreement entered into by
the Administrator; or
``(iii) an order issued by the
Administrator.
``(B) Chemical substances found not to present an
unreasonable risk or restricted.--A statute, criminal
penalty, or administrative action to prohibit or
otherwise restrict the manufacture, processing, or
distribution in commerce or use of a chemical
substance--
``(i) for which the determination described
in section 6(i)(1) is made, consistent with the
scope of the risk evaluation under section
(6)(b)(4)(D); or
``(ii) for which a final rule is
promulgated under section 6(a), after the
effective date of the rule issued under section
6(a) for the chemical substance, consistent
with the scope of the risk evaluation under
section (6)(b)(4)(D).
``(C) Significant new use.--A statute or
administrative action requiring the notification of a
use of a chemical substance that the Administrator has
specified as a significant new use and for which the
Administrator has required notification pursuant to a
rule promulgated under section 5.
``(2) Effective date of preemption.--Under this subsection,
Federal preemption of statutes and administrative actions
applicable to specific chemical substances shall not occur
until the effective date of the applicable action described in
paragraph (1) taken by the Administrator.'';
(2) by amending subsection (b) to read as follows:
``(b) New Statutes, Criminal Penalties, or Administrative Actions
Creating Prohibitions or Other Restrictions.--
``(1) In general.--Except as provided in subsections (c),
(d), (e), (f), and (g), beginning on the date on which the
Administrator defines the scope of a risk evaluation for a
chemical substance under section 6(b)(4)(D) and ending on the
date on which the deadline established pursuant to section
6(b)(4)(G) for completion of the risk evaluation expires, or on
the date on which the Administrator publishes the risk
evaluation under section 6(b)(4)(C), whichever is earlier, no
State or political subdivision of a State may establish a
statute, criminal penalty, or administrative action prohibiting
or otherwise restricting the manufacture, processing,
distribution in commerce, or use of such chemical substance
that is a high-priority substance designated under section
6(b)(1)(B)(i).
``(2) Effect of subsection.--This subsection does not
restrict the authority of a State or political subdivision of a
State to continue to enforce any statute enacted, criminal
penalty assessed, or administrative action taken, prior to the
date on which the Administrator defines and publishes the scope
of a risk evaluation under section 6(b)(4)(D).''; and
(3) by adding at the end the following:
``(c) Scope of Preemption.--Federal preemption under subsections
(a) and (b) of statutes, criminal penalties, and administrative actions
applicable to specific chemical substances shall apply only to--
``(1) with respect to subsection (a)(1)(A), the chemical
substances or category of chemical substances subject to a
rule, order, or consent agreement under section 4, 5, or 6;
``(2) with respect to subsection (b), the hazards,
exposures, risks, and uses or conditions of use of such
chemical substances included in the scope of the risk
evaluation pursuant to section 6(b)(4)(D);
``(3) with respect to subsection (a)(1)(B), the hazards,
exposures, risks, and uses or conditions of use of such
chemical substances included in any final action the
Administrator takes pursuant to section 6(a) or 6(i)(1); or
``(4) with respect to subsection (a)(1)(C), the uses of
such chemical substances that the Administrator has specified
as significant new uses and for which the Administrator has
required notification pursuant to a rule promulgated under
section 5.
``(d) Exceptions.--
``(1) No preemption of statutes and administrative
actions.--
``(A) In general.--Nothing in this Act, nor any
amendment made by the Frank R. Lautenberg Chemical
Safety for the 21st Century Act, nor any rule, standard
of performance, risk evaluation, or scientific
assessment implemented pursuant to this Act, shall
affect the right of a State or a political subdivision
of a State to adopt or enforce any rule, standard of
performance, risk evaluation, scientific assessment, or
any other protection for public health or the
environment that--
``(i) is adopted or authorized under the
authority of any other Federal law or adopted
to satisfy or obtain authorization or approval
under any other Federal law;
``(ii) implements a reporting, monitoring,
or other information obligation for the
chemical substance not otherwise required by
the Administrator under this Act or required
under any other Federal law;
``(iii) is adopted pursuant to authority
under a law of the State or political
subdivision of the State related to water
quality, air quality, or waste treatment or
disposal, except to the extent that the
action--
``(I) imposes a restriction on the
manufacture, processing, distribution
in commerce, or use of a chemical
substance; and
``(II)(aa) addresses the same
hazards and exposures, with respect to
the same conditions of use as are
included in the scope of the risk
evaluation published pursuant to
section 6(b)(4)(D), but is inconsistent
with the action of the Administrator;
or
``(bb) would cause a violation of
the applicable action by the
Administrator under section 5 or 6; or
``(iv) subject to subparagraph (B), is
identical to a requirement prescribed by the
Administrator.
``(B) Identical requirements.--
``(i) In general.--The penalties and other
sanctions applicable under a law of a State or
political subdivision of a State in the event
of noncompliance with the identical requirement
shall be no more stringent than the penalties
and other sanctions available to the
Administrator under section 16 of this Act.
``(ii) Penalties.--In the case of an
identical requirement--
``(I) a State or political
subdivision of a State may not assess a
penalty for a specific violation for
which the Administrator has assessed an
adequate penalty under section 16; and
``(II) if a State or political
subdivision of a State has assessed a
penalty for a specific violation, the
Administrator may not assess a penalty
for that violation in an amount that
would cause the total of the penalties
assessed for the violation by the State
or political subdivision of a State and
the Administrator combined to exceed
the maximum amount that may be assessed
for that violation by the Administrator
under section 16.
``(2) Applicability to certain rules or orders.--
``(A) Prior rules and orders.--Nothing in this
section shall be construed as modifying the preemptive
effect under this section, as in effect on the day
before the effective date of the Frank R. Lautenberg
Chemical Safety for the 21st Century Act, of any rule
or order promulgated or issued under this Act prior to
that effective date.
``(B) Certain chemical substances and mixtures.--
With respect to a chemical substance or mixture for
which any rule or order was promulgated or issued under
section 6 prior to the effective date of the Frank R.
Lautenberg Chemical Safety for the 21st Century Act
with respect to manufacturing, processing, distribution
in commerce, use, or disposal of the chemical substance
or mixture, nothing in this section shall be construed
as modifying the preemptive effect of this section as
in effect prior to the enactment of the Frank R.
Lautenberg Chemical Safety for the 21st Century Act of
any rule or order that is promulgated or issued with
respect to such chemical substance or mixture under
section 6 after that effective date, unless the latter
rule or order is with respect to a chemical substance
or mixture containing a chemical substance and follows
a designation of that chemical substance as a high-
priority substance under section 6(b)(1)(B)(i), the
identification of that chemical substance under section
6(b)(2)(A), or the selection of that chemical substance
for risk evaluation under section 6(b)(4)(E)(iv)(II).
``(e) Preservation of Certain Laws.--
``(1) In general.--Nothing in this Act, subject to
subsection (g) of this section, shall--
``(A) be construed to preempt or otherwise affect
the authority of a State or political subdivision of a
State to continue to enforce any action taken or
requirement imposed or requirement enacted relating to
a specific chemical substance before April 22, 2016,
under the authority of a law of the State or political
subdivision of the State that prohibits or otherwise
restricts manufacturing, processing, distribution in
commerce, use, or disposal of a chemical substance; or
``(B) be construed to preempt or otherwise affect
any action taken pursuant to a State law that was in
effect on August 31, 2003.
``(2) Effect of subsection.--This subsection does not
affect, modify, or alter the relationship between Federal law
and laws of a State or political subdivision of a State
pursuant to any other Federal law.
``(f) Waivers.--
``(1) Discretionary exemptions.--Upon application of a
State or political subdivision of a State, the Administrator
may, by rule, exempt from subsection (a), under such conditions
as may be prescribed in the rule, a statute, criminal penalty,
or administrative action of that State or political subdivision
of the State that relates to the effects of exposure to a
chemical substance under the conditions of use if the
Administrator determines that--
``(A) compelling conditions warrant granting the
waiver to protect health or the environment;
``(B) compliance with the proposed requirement of
the State or political subdivision of the State would
not unduly burden interstate commerce in the
manufacture, processing, distribution in commerce, or
use of a chemical substance;
``(C) compliance with the proposed requirement of
the State or political subdivision of the State would
not cause a violation of any applicable Federal law,
rule, or order; and
``(D) in the judgment of the Administrator, the
proposed requirement of the State or political
subdivision of the State is designed to address a risk
of a chemical substance, under the conditions of use,
that was identified--
``(i) consistent with the best available
science;
``(ii) using supporting studies conducted
in accordance with sound and objective
scientific practices; and
``(iii) based on the weight of the
scientific evidence.
``(2) Required exemptions.--Upon application of a State or
political subdivision of a State, the Administrator shall
exempt from subsection (b) a statute or administrative action
of a State or political subdivision of a State that relates to
the effects of exposure to a chemical substance under the
conditions of use if the Administrator determines that--
``(A)(i) compliance with the proposed requirement
of the State or political subdivision of the State
would not unduly burden interstate commerce in the
manufacture, processing, distribution in commerce, or
use of a chemical substance;
``(ii) compliance with the proposed requirement of
the State or political subdivision of the State would
not cause a violation of any applicable Federal law,
rule, or order; and
``(iii) the State or political subdivision of the
State has a concern about the chemical substance or use
of the chemical substance based in peer-reviewed
science; or
``(B) no later than the date that is 18 months
after the date on which the Administrator has initiated
the prioritization process for a chemical substance
under the rule promulgated pursuant to section
6(b)(1)(A), or the date on which the Administrator
publishes the scope of the risk evaluation for a
chemical substance under section 6(b)(4)(D), whichever
is sooner, the State or political subdivision of the
State has enacted a statute or proposed or finalized an
administrative action intended to prohibit or otherwise
restrict the manufacture, processing, distribution in
commerce, or use of the chemical substance.
``(3) Determination of a waiver request.--The duty of the
Administrator to grant or deny a waiver application shall be
nondelegable and shall be exercised--
``(A) not later than 180 days after the date on
which an application under paragraph (1) is submitted;
and
``(B) not later than 110 days after the date on
which an application under paragraph (2) is submitted.
``(4) Failure to make a determination.--If the
Administrator fails to make a determination under paragraph
(3)(B) during the 110-day period beginning on the date on which
an application under paragraph (2) is submitted, the statute or
administrative action of the State or political subdivision of
the State that was the subject of the application shall not be
considered to be an existing statute or administrative action
for purposes of subsection (b) by reason of the failure of the
Administrator to make a determination.
``(5) Notice and comment.--Except in the case of an
application approved under paragraph (9), the application of a
State or political subdivision of a State under this subsection
shall be subject to public notice and comment.
``(6) Final agency action.--The decision of the
Administrator on the application of a State or political
subdivision of a State shall be--
``(A) considered to be a final agency action; and
``(B) subject to judicial review.
``(7) Duration of waivers.--A waiver granted under
paragraph (2) or approved under paragraph (9) shall remain in
effect until such time as the Administrator publishes the risk
evaluation under section 6(b).
``(8) Judicial review of waivers.--Not later than 60 days
after the date on which the Administrator makes a determination
on an application of a State or political subdivision of a
State under paragraph (1) or (2), any person may file a
petition for judicial review in the United States Court of
Appeals for the District of Columbia Circuit, which shall have
exclusive jurisdiction over the determination.
``(9) Approval.--
``(A) Automatic approval.--If the Administrator
fails to meet the deadline established under paragraph
(3)(B), the application of a State or political
subdivision of a State under paragraph (2) shall be
automatically approved, effective on the date that is
10 days after the deadline.
``(B) Requirements.--Notwithstanding paragraph (6),
approval of a waiver application under subparagraph (A)
for failure to meet the deadline under paragraph (3)(B)
shall not be considered final agency action or be
subject to judicial review or public notice and
comment.
``(g) Savings.--
``(1) No preemption of common law or statutory causes of
action for civil relief or criminal conduct.--
``(A) In general.--Nothing in this Act, nor any
amendment made by the Frank R. Lautenberg Chemical
Safety for the 21st Century Act, nor any standard,
rule, requirement, standard of performance, risk
evaluation, or scientific assessment implemented
pursuant to this Act, shall be construed to preempt,
displace, or supplant any State or Federal common law
rights or any State or Federal statute creating a
remedy for civil relief, including those for civil
damage, or a penalty for a criminal conduct.
``(B) Clarification of no preemption.--
Notwithstanding any other provision of this Act,
nothing in this Act, nor any amendments made by the
Frank R. Lautenberg Chemical Safety for the 21st
Century Act, shall preempt or preclude any cause of
action for personal injury, wrongful death, property
damage, or other injury based on negligence, strict
liability, products liability, failure to warn, or any
other legal theory of liability under any State law,
maritime law, or Federal common law or statutory
theory.
``(2) No effect on private remedies.--
``(A) In general.--Nothing in this Act, nor any
amendments made by the Frank R. Lautenberg Chemical
Safety for the 21st Century Act, nor any rules,
regulations, requirements, risk evaluations, scientific
assessments, or orders issued pursuant to this Act
shall be interpreted as, in either the plaintiff's or
defendant's favor, dispositive in any civil action.
``(B) Authority of courts.--This Act does not
affect the authority of any court to make a
determination in an adjudicatory proceeding under
applicable State or Federal law with respect to the
admission into evidence or any other use of this Act or
rules, regulations, requirements, standards of
performance, risk evaluations, scientific assessments,
or orders issued pursuant to this Act.''.
SEC. 14. JUDICIAL REVIEW.
Section 19(a) of the Toxic Substances Control Act (15 U.S.C.
2618(a)) is amended--
(1) in paragraph (1), by adding at the end the following:
``(C)(i) Not later than 60 days after the publication of a
designation under section 6(b)(1)(B)(ii), any person may
commence a civil action to challenge the designation.
``(ii) The United States Court of Appeals for the District
of Columbia Circuit shall have exclusive jurisdiction over a
civil action filed under this subparagraph.''; and
(2) by striking paragraph (3).
SEC. 15. CITIZENS' CIVIL ACTIONS.
Section 20(b) of the Toxic Substances Control Act (15 U.S.C.
2619(b)) is amended--
(1) in paragraph (1)(B), by striking ``or'' at the end; and
(2) in paragraph (2), by striking the period at the end and
inserting the following: ``, except that no prior notification
shall be required in the case of a civil action brought to
compel a decision by the Administrator pursuant to section
18(f)(3)(B); or
``(3) in the case of a civil action brought to compel a
decision by the Administrator pursuant to section 18(f)(3)(B),
after the date that is 60 days after the deadline specified in
section 18(f)(3)(B).''.
SEC. 16. STUDIES.
Section 25 of the Toxic Substances Control Act (15 U.S.C. 2624) is
repealed.
SEC. 17. ADMINISTRATION OF THE ACT.
Section 26 of the Toxic Substances Control Act (15 U.S.C. 2625) is
amended--
(1) in subsection (b)(1)--
(A) by striking ``of a reasonable fee'';
(B) by striking ``data under section 4 or 5 to
defray the cost of administering this Act'' and
inserting ``information under section 4 or a notice or
other information to be reviewed by the Administrator
under section 5, or who manufactures or processes a
chemical substance that is the subject of a risk
evaluation under section 6(b), of a fee that is
sufficient and not more than reasonably necessary to
defray the cost related to such chemical substance of
administering sections 4, 5, and 6, and collecting,
processing, reviewing, and providing access to and
protecting from disclosure as appropriate under section
14 information on chemical substances under this title,
including contractor costs incurred by the
Administrator'';
(C) by striking ``Such rules shall not provide for
any fee in excess of $2,500 or, in the case of a small
business concern, any fee in excess of $100.''; and
(D) by striking ``submit the data and the cost to
the Administrator of reviewing such data'' and
inserting ``pay such fee and the cost to the
Administrator of carrying out the activities described
in this paragraph'';
(2) in subsection (b)--
(A) in paragraph (2), by striking ``paragraph (1)''
and inserting ``paragraph (4)''; and
(B) by adding at the end the following:
``(3) Fund.--
``(A) Establishment.--There is established in the Treasury
of the United States a fund, to be known as the TSCA Service
Fee Fund (in this paragraph referred to as the `Fund'),
consisting of such amounts as are deposited in the Fund under
this paragraph.
``(B) Collection and deposit of fees.--Subject to the
conditions of subparagraph (C), the Administrator shall collect
the fees described in this subsection and deposit those fees in
the Fund.
``(C) Use of funds by administrator.--Fees authorized under
this section shall be collected and available for obligation
only to the extent and in the amount provided in advance in
appropriations Acts, and shall be available without fiscal year
limitation for use in defraying the costs of the activities
described in paragraph (1).
``(D) Accounting and auditing.--
``(i) Accounting.--The Administrator shall
biennially prepare and submit to the Committee on
Environment and Public Works of the Senate and the
Committee on Energy and Commerce of the House of
Representatives a report that includes an accounting of
the fees paid to the Administrator under this paragraph
and amounts disbursed from the Fund for the period
covered by the report, as reflected by financial
statements provided in accordance with sections 3515
and 3521 of title 31, United States Code.
``(ii) Auditing.--
``(I) In general.--For the purpose of
section 3515(c) of title 31, United States
Code, the Fund shall be considered a component
of a covered executive agency.
``(II) Components of audit.--The annual
audit required in accordance with sections 3515
and 3521 of title 31, United States Code, of
the financial statements of activities carried
out using amounts from the Fund shall include
an analysis of--
``(aa) the fees collected and
amounts disbursed under this
subsection;
``(bb) the reasonableness of the
fees in place as of the date of the
audit to meet current and projected
costs of administering the provisions
of this title for which the fees may be
used; and
``(cc) the number of requests for a
risk evaluation made by manufacturers
under section 6(b)(4)(C)(ii).
``(III) Federal responsibility.--The
Inspector General of the Environmental
Protection Agency shall conduct the annual
audit described in subclause (II) and submit to
the Administrator a report that describes the
findings and any recommendations of the
Inspector General resulting from the audit.
``(4) Amount and Adjustment of Fees; Refunds.--In setting fees
under this section, the Administrator shall--
``(A) prescribe lower fees for small business concerns,
after consultation with the Administrator of the Small Business
Administration;
``(B) set the fees established under paragraph (1) at
levels such that the fees will, in aggregate, provide a
sustainable source of funds to annually defray--
``(i) the lower of--
``(I) 25 percent of the costs to the
Administrator of carrying out sections 4, 5,
and 6, and of collecting, processing,
reviewing, and providing access to and
protecting from disclosure as appropriate under
section 14 information on chemical substances
under this title, other than the costs to
conduct and complete risk evaluations under
section 6(b); or
``(II) $25,000,000 (subject to adjustment
pursuant to subparagraph (F)); and
``(ii) the costs of risk evaluations specified in
subparagraph (D);
``(C) reflect an appropriate balance in the assessment of
fees between manufacturers and processors, and allow the
payment of fees by consortia of manufacturers or processors;
``(D) notwithstanding subparagraph (B)--
``(i) except as provided in clause (ii), for
chemical substances for which the Administrator has
granted a request from a manufacturer pursuant to
section 6(b)(4)(C)(ii), establish the fee at a level
sufficient to defray the full costs to the
Administrator of conducting the risk evaluation under
section 6(b);
``(ii) for chemical substances for which the
Administrator has granted a request from a manufacturer
pursuant to section 6(b)(4)(C)(ii), and which are
included in the 2014 update of the TSCA Work Plan for
Chemical Assessments, establish the fee at a level
sufficient to defray 50 percent of the costs to the
Administrator of conducting the risk evaluation under
section 6(b); and
``(iii) apply fees collected pursuant to clauses
(i) and (ii) only to defray the costs described in
those clauses;
``(E) prior to the establishment or amendment of any fees
under paragraph (1), consult and meet with parties potentially
subject to the fees or their representatives, subject to the
condition that no obligation under the Federal Advisory
Committee Act (5 U.S.C. App.) or subchapter II of chapter 5 of
title 5, United States Code, is applicable with respect to such
meetings;
``(F) beginning with the fiscal year that is 3 years after
the date of enactment of the Frank R. Lautenberg Chemical
Safety for the 21st Century Act, and every 3 years thereafter,
after consultation with parties potentially subject to the fees
and their representatives pursuant to subparagraph (E),
increase or decrease the fees established under paragraph (1)
as necessary to adjust for inflation and to ensure that funds
deposited in the Fund are sufficient to defray--
``(i) approximately but not more than 25 percent of
the costs to the Administrator of carrying out sections
4, 5, and 6, and of collecting, processing, reviewing,
and providing access to and protecting from disclosure
as appropriate under section 14 information on chemical
substances under this title, other than the costs to
conduct and complete risk evaluations requested under
section 6(b)(4)(C)(ii); and
``(ii) the costs of risk evaluations specified in
subparagraph (D); and
``(G) if a notice submitted under section 5 is not reviewed
or such a notice is withdrawn, refund the fee or a portion of
the fee if no substantial work was performed on the notice.
``(5) Minimum Amount of Appropriations.--Fees may not be assessed
for a fiscal year under this section unless the amount of
appropriations for the Chemical Risk Review and Reduction program
project of the Environmental Protection Agency for the fiscal year
(excluding the amount of any fees appropriated for the fiscal year) are
equal to or greater than the amount of appropriations for that program
project for fiscal year 2014.
``(6) Termination.--The authority provided by this subsection shall
terminate at the conclusion of the fiscal year that is 10 years after
the date of enactment of the Frank R. Lautenberg Chemical Safety for
the 21st Century Act unless otherwise reauthorized or modified by
Congress.''; and
(3) by adding at the end the following:
``(h) Scientific Standards.--In carrying out sections 4, 5, and 6,
to the extent that the Administrator makes a decision based on science,
the Administrator shall use scientific information, technical
procedures, measures, methods, protocols, methodologies, or models,
employed in a manner consistent with the best available science, and
shall consider as applicable--
``(1) the extent to which the scientific information,
technical procedures, measures, methods, protocols,
methodologies, or models employed to generate the information
are reasonable for and consistent with the intended use of the
information;
``(2) the extent to which the information is relevant for
the Administrator's use in making a decision about a chemical
substance or mixture;
``(3) the degree of clarity and completeness with which the
data, assumptions, methods, quality assurance, and analyses
employed to generate the information are documented;
``(4) the extent to which the variability and uncertainty
in the information, or in the procedures, measures, methods,
protocols, methodologies, or models, are evaluated and
characterized; and
``(5) the extent of independent verification or peer review
of the information or of the procedures, measures, methods,
protocols, methodologies, or models.
``(i) Weight of Scientific Evidence.--The Administrator shall make
decisions under sections 4, 5, and 6 based on the weight of the
scientific evidence.
``(j) Availability of Information.--Subject to section 14, the
Administrator shall make available to the public--
``(1) all notices, determinations, findings, rules, consent
agreements, and orders of the Administrator under this title;
``(2) any information required to be provided to the
Administrator under section 4;
``(3) a nontechnical summary of each risk evaluation
conducted under section 6(b);
``(4) a list of the studies considered by the Administrator
in carrying out each such risk evaluation, along with the
results of those studies; and
``(5) each designation of a chemical substance under
section 6(b), along with an identification of the information,
analysis, and basis used to make the designations.
``(k) Reasonably Available Information.--In carrying out sections
4, 5, and 6, the Administrator shall take into consideration
information relating to a chemical substance or mixture, including
hazard and exposure information, under the conditions of use, that is
reasonably available to the Administrator.
``(l) Policies, Procedures, and Guidance.--
``(1) Development.--Not later than 2 years after the date
of enactment of the Frank R. Lautenberg Chemical Safety for the
21st Century Act, the Administrator shall develop any policies,
procedures, and guidance the Administrator determines are
necessary to carry out the amendments to this Act made by the
Frank R. Lautenberg Chemical Safety for the 21st Century Act.
``(2) Review.--Not later than 5 years after the date of
enactment of the Frank R. Lautenberg Chemical Safety for the
21st Century Act, and not less frequently than once every 5
years thereafter, the Administrator shall--
``(A) review the adequacy of the policies,
procedures, and guidance developed under paragraph (1),
including with respect to animal, nonanimal, and
epidemiological test methods and procedures for
assessing and determining risk under this title; and
``(B) revise such policies, procedures, and
guidance as the Administrator determines necessary to
reflect new scientific developments or understandings.
``(3) Testing of chemical substances and mixtures.--The
policies, procedures, and guidance developed under paragraph
(1) applicable to testing chemical substances and mixtures
shall--
``(A) address how and when the exposure level or
exposure potential of a chemical substance or mixture
would factor into decisions to require new testing,
subject to the condition that the Administrator shall
not interpret the lack of exposure information as a
lack of exposure or exposure potential; and
``(B) describe the manner in which the
Administrator will determine that additional
information is necessary to carry out this title,
including information relating to potentially exposed
or susceptible populations.
``(4) Chemical substances with completed risk
assessments.--With respect to a chemical substance listed in
the 2014 update to the TSCA Work Plan for Chemical Assessments
for which the Administrator has published a completed risk
assessment prior to the date of enactment of the Frank R.
Lautenberg Chemical Safety for the 21st Century Act, the
Administrator may publish proposed and final rules under
section 6(a) that are consistent with the scope of the
completed risk assessment for the chemical substance and
consistent with other applicable requirements of section 6.
``(5) Guidance.--Not later than 1 year after the date of
enactment of the Frank R. Lautenberg Chemical Safety for the
21st Century Act, the Administrator shall develop guidance to
assist interested persons in developing and submitting draft
risk evaluations which shall be considered by the
Administrator. The guidance shall, at a minimum, address the
quality of the information submitted and the process to be
followed in developing draft risk evaluations for consideration
by the Administrator.
``(m) Report to Congress.--
``(1) Initial report.--Not later than 6 months after the
date of enactment of the Frank R. Lautenberg Chemical Safety
for the 21st Century Act, the Administrator shall submit to the
Committees on Energy and Commerce and Appropriations of the
House of Representatives and the Committees on Environment and
Public Works and Appropriations of the Senate a report
containing an estimation of--
``(A) the capacity of the Environmental Protection
Agency to conduct and publish risk evaluations under
section 6(b)(4)(C)(i), and the resources necessary to
conduct the minimum number of risk evaluations required
under section 6(b)(2);
``(B) the capacity of the Environmental Protection
Agency to conduct and publish risk evaluations under
section 6(b)(4)(C)(ii), the likely demand for such risk
evaluations, and the anticipated schedule for
accommodating that demand;
``(C) the capacity of the Environmental Protection
Agency to promulgate rules under section 6(a) as
required based on risk evaluations conducted and
published under section 6(b); and
``(D) the actual and anticipated efforts of the
Environmental Protection Agency to increase the
Agency's capacity to conduct and publish risk
evaluations under section 6(b).
``(2) Subsequent reports.--The Administrator shall update
and resubmit the report described in paragraph (1) not less
frequently than once every 5 years.
``(n) Annual Plan.--
``(1) In general.--The Administrator shall inform the
public regarding the schedule and the resources necessary for
the completion of each risk evaluation as soon as practicable
after initiating the risk evaluation.
``(2) Publication of plan.--At the beginning of each
calendar year, the Administrator shall publish an annual plan
that--
``(A) identifies the chemical substances for which
risk evaluations are expected to be initiated or
completed that year and the resources necessary for
their completion;
``(B) describes the status of each risk evaluation
that has been initiated but not yet completed; and
``(C) if the schedule for completion of a risk
evaluation has changed, includes an updated schedule
for that risk evaluation.
``(o) Consultation With Science Advisory Committee on Chemicals.--
``(1) Establishment.--Not later than 1 year after the date
of enactment of the Frank R. Lautenberg Chemical Safety for the
21st Century Act, the Administrator shall establish an advisory
committee, to be known as the Science Advisory Committee on
Chemicals (referred to in this subsection as the `Committee').
``(2) Purpose.--The purpose of the Committee shall be to
provide independent advice and expert consultation, at the
request of the Administrator, with respect to the scientific
and technical aspects of issues relating to the implementation
of this title.
``(3) Composition.--The Committee shall be composed of
representatives of such science, government, labor, public
health, public interest, animal protection, industry, and other
groups as the Administrator determines to be advisable,
including representatives that have specific scientific
expertise in the relationship of chemical exposures to women,
children, and other potentially exposed or susceptible
subpopulations.
``(4) Schedule.--The Administrator shall convene the
Committee in accordance with such schedule as the Administrator
determines to be appropriate, but not less frequently than once
every 2 years.
``(p) Prior Actions.--
``(1) Rules, orders, and exemptions.--Nothing in the Frank
R. Lautenberg Chemical Safety for the 21st Century Act
eliminates, modifies, or withdraws any rule promulgated, order
issued, or exemption established pursuant to this Act before
the date of enactment of the Frank R. Lautenberg Chemical
Safety for the 21st Century Act.
``(2) Prior-initiated evaluations.--Nothing in this Act
prevents the Administrator from initiating a risk evaluation
regarding a chemical substance, or from continuing or
completing such risk evaluation, prior to the effective date of
the policies, procedures, and guidance required to be developed
by the Administrator pursuant to the amendments made by the
Frank R. Lautenberg Chemical Safety for the 21st Century Act.
``(3) Actions completed prior to completion of policies,
procedures, and guidance.--Nothing in this Act requires the
Administrator to revise or withdraw a completed risk
evaluation, determination, or rule under this Act solely
because the action was completed prior to the development of a
policy, procedure, or guidance pursuant to the amendments made
by the Frank R. Lautenberg Chemical Safety for the 21st Century
Act.''.
SEC. 18. STATE PROGRAMS.
Section 28 of the Toxic Substances Control Act (15 U.S.C. 2627) is
amended by striking subsections (c) and (d).
SEC. 19. CONFORMING AMENDMENTS.
(a) Table of Contents.--The table of contents in section 1 of the
Toxic Substances Control Act is amended--
(1) by striking the item relating to section 6 and
inserting the following:
``Sec. 6. Prioritization, risk evaluation, and regulation of chemical
substances and mixtures.'';
(2) by striking the item relating to section 10 and
inserting the following:
``Sec. 10. Research, development, collection, dissemination, and
utilization of information.'';
(3) by striking the item relating to section 14 and
inserting the following:
``Sec. 14. Confidential information.''; and
(4) by striking the item relating to section 25.
(b) Section 2.--Section 2(b)(1) of the Toxic Substances Control Act
(15 U.S.C. 2601(b)(1)) is amended by striking ``data'' both places it
appears and inserting ``information''.
(c) Section 3.--Section 3 of the Toxic Substances Control Act (15
U.S.C. 2602) is amended--
(1) in paragraph (8) (as redesignated by section 3 of this
Act), by striking ``data'' and inserting ``information''; and
(2) in paragraph (15) (as redesignated by section 3 of this
Act)--
(A) by striking ``standards'' and inserting
``protocols and methodologies'';
(B) by striking ``test data'' both places it
appears and inserting ``information''; and
(C) by striking ``data'' each place it appears and
inserting ``information''.
(d) Section 4.--Section 4 of the Toxic Substances Control Act (15
U.S.C. 2603) is amended--
(1) in subsection (b)--
(A) in paragraph (1)--
(i) in the paragraph heading, by adding ``,
order, or consent agreement'' at the end; and
(ii) by striking ``rule'' each place it
appears and inserting ``rule, order, or consent
agreement'';
(B) in paragraph (2)(B), by striking ``rules'' and
inserting ``rules, orders, and consent agreements'';
(C) in paragraph (3)(A), by striking ``rule'' and
inserting ``rule or order''; and
(D) in paragraph (4)--
(i) by striking ``rule under subsection
(a)'' each place it appears and inserting
``rule, order, or consent agreement under
subsection (a)'';
(ii) by striking ``repeals the rule'' each
place it appears and inserting ``repeals the
rule or order or modifies the consent agreement
to terminate the requirement''; and
(iii) by striking ``repeals the application
of the rule'' and inserting ``repeals or
modifies the application of the rule, order, or
consent agreement'';
(2) in subsection (c)--
(A) in paragraph (1), by striking ``rule'' and
inserting ``rule or order'';
(B) in paragraph (2)--
(i) in subparagraph (A), by striking ``a
rule under subsection (a) or for which data is
being developed pursuant to such a rule'' and
inserting ``a rule, order, or consent agreement
under subsection (a) or for which information
is being developed pursuant to such a rule,
order, or consent agreement'';
(ii) in subparagraph (B), by striking
``such rule or which is being developed
pursuant to such rule'' and inserting ``such
rule, order, or consent agreement or which is
being developed pursuant to such rule, order,
or consent agreement''; and
(iii) in the matter following subparagraph
(B), by striking ``the rule'' and inserting
``the rule or order'';
(C) in paragraph (3)(B)(i), by striking ``rule
promulgated'' and inserting ``rule, order, or consent
agreement''; and
(D) in paragraph (4)--
(i) by striking ``rule promulgated'' each
place it appears and inserting ``rule, order,
or consent agreement'';
(ii) by striking ``such rule'' each place
it appears and inserting ``such rule, order, or
consent agreement''; and
(iii) in subparagraph (B), by striking
``the rule'' and inserting ``the rule or
order'';
(3) in subsection (d), by striking ``rule'' and inserting
``rule, order, or consent agreement''; and
(4) in subsection (g), by striking ``rule'' and inserting
``rule, order, or consent agreement''.
(e) Section 5.--Section 5 of the Toxic Substances Control Act (15
U.S.C. 2604) is amended--
(1) in subsection (b)--
(A) in paragraph (1)(A)--
(i) by striking ``rule promulgated'' and
inserting ``rule, order, or consent
agreement''; and
(ii) by striking ``such rule'' and
inserting ``such rule, order, or consent
agreement'';
(B) in paragraph (1)(B), by striking ``rule
promulgated'' and inserting ``rule or order''; and
(C) in paragraph (2)(A)(ii), by striking ``rule
promulgated'' and inserting ``rule, order, or consent
agreement''; and
(2) in subsection (d)(2)(C), by striking ``rule'' and
inserting ``rule, order, or consent agreement''.
(f) Section 7.--Section 7(a) of the Toxic Substances Control Act
(15 U.S.C. 2606(a)) is amended--
(1) in paragraph (1), in the matter following subparagraph
(C), by striking ``a rule under section 4, 5, 6, or title IV or
an order under section 5 or title IV'' and inserting ``a
determination under section 5 or 6, a rule under section 4, 5,
or 6 or title IV, an order under section 4, 5, or 6 or title
IV, or a consent agreement under section 4''; and
(2) in paragraph (2), by striking ``subsection
6(d)(2)(A)(i)'' and inserting ``section 6(d)(3)(A)(i)''.
(g) Section 8.--Section 8(a) of the Toxic Substances Control Act
(15 U.S.C. 2607(a)) is amended--
(1) in paragraph (2)(E), by striking ``data'' and inserting
``information''; and
(2) in paragraph (3)(A)(ii)(I), by striking ``or an order
in effect under section 5(e)'' and inserting ``, an order in
effect under section 4 or 5(e), or a consent agreement under
section 4''.
(h) Section 9.--Section 9 of the Toxic Substances Control Act (15
U.S.C. 2608) is amended--
(1) in subsection (a), by striking ``section 6'' each place
it appears and inserting ``section 6(a)''; and
(2) in subsection (d), by striking ``Health, Education, and
Welfare'' and inserting ``Health and Human Services''.
(i) Section 10.--Section 10 of the Toxic Substances Control Act (15
U.S.C. 2609) is amended--
(1) in the section heading, by striking ``data'' and
inserting ``information'';
(2) by striking ``Health, Education, and Welfare'' each
place it appears and inserting ``Health and Human Services'';
(3) in subsection (b)--
(A) in the subsection heading, by striking ``Data''
and inserting ``Information'';
(B) by striking ``data'' and inserting
``information'' in paragraph (1);
(C) by striking ``data'' and inserting
``information'' in paragraph (2)(A); and
(D) by striking ``a data'' and inserting ``an
information'' in paragraph (2)(B); and
(4) in subsection (g), by striking ``data'' and inserting
``information''.
(j) Section 11.--Section 11(b)(2) of the Toxic Substances Control
Act (15 U.S.C. 2610(b)(2)) is amended--
(1) by striking ``data'' each place it appears and
inserting ``information''; and
(2) in subparagraph (E), by striking ``rule promulgated''
and inserting ``rule promulgated, order issued, or consent
agreement entered into''.
(k) Section 12.--Section 12(b)(1) of the Toxic Substances Control
Act (15 U.S.C. 2611(b)(1)) is amended by striking ``data'' both places
it appears and inserting ``information''.
(l) Section 15.--Section 15(1) of the Toxic Substances Control Act
(15 U.S.C. 2614(1)) is amended by striking ``(A) any rule'' and all
that follows through ``or (D)'' and inserting ``any requirement of this
title or any rule promulgated, order issued, or consent agreement
entered into under this title, or''.
(m) Section 19.--Section 19 of the Toxic Substances Control Act (15
U.S.C. 2618) is amended--
(1) in subsection (a)--
(A) in paragraph (1)(A)--
(i) by striking ``Not later than 60 days
after the date of the promulgation of a rule
under section 4(a), 5(a)(2), 5(b)(4), 6(a),
6(e), or 8, or under title II or IV'' and
inserting ``Except as otherwise provided in
this title, not later than 60 days after the
date on which a rule is promulgated under this
title, title II, or title IV, or the date on
which an order is issued under section 4, 5(e),
5(f), or 6(i)(1),'';
(ii) by striking ``such rule'' and
inserting ``such rule or order''; and
(iii) by striking ``such a rule'' and
inserting ``such a rule or order'';
(B) in paragraph (1)(B)--
(i) by striking ``Courts'' and inserting
``Except as otherwise provided in this title,
courts''; and
(ii) by striking ``subparagraph (A) or (B)
of section 6(b)(1)'' and inserting ``this
title, other than an order under section 4,
5(e), 5(f), or 6(i)(1),''; and
(C) in paragraph (2)--
(i) by striking ``rulemaking record'' and
inserting ``record''; and
(ii) by striking ``based the rule'' and
inserting ``based the rule or order'';
(2) in subsection (b)--
(A) by striking ``review a rule'' and inserting
``review a rule, or an order under section 4, 5(e),
5(f), or 6(i)(1),'';
(B) by striking ``such rule'' and inserting ``such
rule or order'';
(C) by striking ``the rule'' and inserting ``the
rule or order'';
(D) by striking ``new rule'' each place it appears
and inserting ``new rule or order''; and
(E) by striking ``modified rule'' and inserting
``modified rule or order''; and
(3) in subsection (c)--
(A) in paragraph (1)--
(i) in subparagraph (A)--
(I) by striking ``a rule'' and
inserting ``a rule or order''; and
(II) by striking ``such rule'' and
inserting ``such rule or order'';
(ii) in subparagraph (B)--
(I) in the matter preceding clause
(i), by striking ``a rule'' and
inserting ``a rule or order'';
(II) by amending clause (i) to read
as follows:
``(i) in the case of review of--
``(I) a rule under section 4(a), 5(b)(4), 6(a)
(including review of the associated determination under
section 6(b)(4)(A)), or 6(e), the standard for review
prescribed by paragraph (2)(E) of such section 706
shall not apply and the court shall hold unlawful and
set aside such rule if the court finds that the rule is
not supported by substantial evidence in the rulemaking
record taken as a whole; and
``(II) an order under section 4, 5(e), 5(f), or
6(i)(1), the standard for review prescribed by
paragraph (2)(E) of such section 706 shall not apply
and the court shall hold unlawful and set aside such
order if the court finds that the order is not
supported by substantial evidence in the record taken
as a whole; and''; and
(III) by striking clauses (ii) and
(iii) and the matter after clause (iii)
and inserting the following:
``(ii) the court may not review the contents and adequacy
of any statement of basis and purpose required by section
553(c) of title 5, United States Code, to be incorporated in
the rule or order, except as part of the record, taken as a
whole.''; and
(iii) by striking subparagraph (C); and
(B) in paragraph (2), by striking ``any rule'' and
inserting ``any rule or order''.
(n) Section 20.--Section 20(a)(1) of the Toxic Substances Control
Act (15 U.S.C. 2619(a)(1)) is amended by striking ``order issued under
section 5'' and inserting ``order issued under section 4 or 5''.
(o) Section 21.--Section 21 of the Toxic Substances Control Act (15
U.S.C. 2620) is amended--
(1) in subsection (a), by striking ``order under section
5(e) or (6)(b)(2)'' and inserting ``order under section 4 or
5(e) or (f)''; and
(2) in subsection (b)--
(A) in paragraph (1), by striking ``order under
section 5(e), 6(b)(1)(A), or 6(b)(1)(B)'' and inserting
``order under section 4 or 5(e) or (f)''; and
(B) in paragraph (4)(B)--
(i) in the matter preceding clause (i), by
striking ``order under section 5(e) or
6(b)(2)'' and inserting ``order under section 4
or 5(e) or (f)'';
(ii) in clause (i), by striking ``order
under section 5(e)'' and inserting ``order
under section 4 or 5(e)''; and
(iii) in clause (ii), by striking ``section
6 or 8 or an order under section 6(b)(2), there
is a reasonable basis to conclude that the
issuance of such a rule or order is necessary
to protect health or the environment against an
unreasonable risk of injury to health or the
environment'' and inserting ``section 6(a) or 8
or an order under section 5(f), the chemical
substance or mixture to be subject to such rule
or order presents an unreasonable risk of
injury to health or the environment, without
consideration of costs or other nonrisk
factors, including an unreasonable risk to a
potentially exposed or susceptible
subpopulation, under the conditions of use''.
(p) Section 24.--Section 24(b)(2)(B) of the Toxic Substances
Control Act (15 U.S.C. 2623(b)(2)(B)) is amended--
(1) by inserting ``and'' at the end of clause (i);
(2) by striking clause (ii); and
(3) by redesignating clause (iii) as clause (ii).
(q) Section 26.--Section 26 of the Toxic Substances Control Act (15
U.S.C. 2625) is amended--
(1) in subsection (e), by striking ``Health, Education, and
Welfare'' each place it appears and inserting ``Health and
Human Services''; and
(2) in subsection (g)(1), by striking ``data'' and
inserting ``information''.
(r) Section 27.--Section 27(a) of the Toxic Substances Control Act
(15 U.S.C. 2626(a)) is amended--
(1) by striking ``Health, Education, and Welfare'' and
inserting ``Health and Human Services'';
(2) by striking ``test data'' both places it appears and
inserting ``information'';
(3) by striking ``rules promulgated'' and inserting
``rules, orders, or consent agreements''; and
(4) by striking ``standards'' and inserting ``protocols and
methodologies''.
(s) Section 30.--Section 30(2) of the Toxic Substances Control Act
(15 U.S.C. 2629(2)) is amended by striking ``rule'' and inserting
``rule, order, or consent agreement''.
SEC. 20. NO RETROACTIVITY.
Nothing in sections 1 through 19, or the amendments made by
sections 1 through 19, shall be interpreted to apply retroactively to
any State, Federal, or maritime legal action filed before the date of
enactment of this Act.
SEC. 21. TREVOR'S LAW.
(a) Purposes.--The purposes of this section are--
(1) to provide the appropriate Federal agencies with the
authority to help conduct investigations into potential cancer
clusters;
(2) to ensure that Federal agencies have the authority to
undertake actions to help address cancer clusters and factors
that may contribute to the creation of potential cancer
clusters; and
(3) to enable Federal agencies to coordinate with other
Federal, State, and local agencies, institutes of higher
education, and the public in investigating and addressing
cancer clusters.
(b) Designation and Investigation of Potential Cancer Clusters.--
Part P of title III of the Public Health Service Act (42 U.S.C. 280g et
seq.) is amended by adding at the end the following:
``SEC. 399V-6. DESIGNATION AND INVESTIGATION OF POTENTIAL CANCER
CLUSTERS.
``(a) Definitions.--In this section:
``(1) Cancer cluster.--The term `cancer cluster' means the
incidence of a particular cancer within a population group, a
geographical area, and a period of time that is greater than
expected for such group, area, and period.
``(2) Particular cancer.--The term `particular cancer'
means one specific type of cancer or a type of cancers
scientifically proven to have the same cause.
``(3) Population group.--The term `population group' means
a group, for purposes of calculating cancer rates, defined by
factors such as race, ethnicity, age, or gender.
``(b) Criteria for Designation of Potential Cancer Clusters.--
``(1) Development of criteria.--The Secretary shall develop
criteria for the designation of potential cancer clusters.
``(2) Requirements.--The criteria developed under paragraph
(1) shall consider, as appropriate--
``(A) a standard for cancer cluster identification
and reporting protocols used to determine when cancer
incidence is greater than would be typically observed;
``(B) scientific screening standards that ensure
that a cluster of a particular cancer involves the same
type of cancer, or types of cancers;
``(C) the population in which the cluster of a
particular cancer occurs by factors such as race,
ethnicity, age, and gender, for purposes of calculating
cancer rates;
``(D) the boundaries of a geographic area in which
a cluster of a particular cancer occurs so as not to
create or obscure a potential cluster by selection of a
specific area; and
``(E) the time period over which the number of
cases of a particular cancer, or the calculation of an
expected number of cases, occurs.
``(c) Guidelines for Investigation of Potential Cancer Clusters.--
The Secretary, in consultation with the Council of State and
Territorial Epidemiologists and representatives of State and local
health departments, shall develop, publish, and periodically update
guidelines for investigating potential cancer clusters. The guidelines
shall--
``(1) recommend that investigations of cancer clusters--
``(A) use the criteria developed under subsection
(b);
``(B) use the best available science; and
``(C) rely on a weight of the scientific evidence;
``(2) provide standardized methods of reviewing and
categorizing data, including from health surveillance systems
and reports of potential cancer clusters; and
``(3) provide guidance for using appropriate
epidemiological and other approaches for investigations.
``(d) Investigation of Cancer Clusters.--
``(1) Secretary discretion.--The Secretary--
``(A) in consultation with representatives of the
relevant State and local health departments, shall
consider whether it is appropriate to conduct an
investigation of a potential cancer cluster; and
``(B) in conducting investigations shall have the
discretion to prioritize certain potential cancer
clusters, based on the availability of resources.
``(2) Coordination.--In investigating potential cancer
clusters, the Secretary shall coordinate with agencies within
the Department of Health and Human Services and other Federal
agencies, such as the Environmental Protection Agency.
``(3) Biomonitoring.--In investigating potential cancer
clusters, the Secretary shall rely on all appropriate
biomonitoring information collected under other Federal
programs, such as the National Health and Nutrition Examination
Survey. The Secretary may provide technical assistance for
relevant biomonitoring studies of other Federal agencies.
``(e) Duties.--The Secretary shall--
``(1) ensure that appropriate staff of agencies within the
Department of Health and Human Services are prepared to provide
timely assistance, to the extent practicable, upon receiving a
request to investigate a potential cancer cluster from a State
or local health authority;
``(2) maintain staff expertise in epidemiology, toxicology,
data analysis, environmental health and cancer surveillance,
exposure assessment, pediatric health, pollution control,
community outreach, health education, laboratory sampling and
analysis, spatial mapping, and informatics;
``(3) consult with community members as investigations into
potential cancer clusters are conducted, as the Secretary
determines appropriate;
``(4) collect, store, and disseminate reports on
investigations of potential cancer clusters, the possible
causes of such clusters, and the actions taken to address such
clusters; and
``(5) provide technical assistance for investigating cancer
clusters to State and local health departments through existing
programs, such as the Epi-Aids program of the Centers for
Disease Control and Prevention and the Assessments of Chemical
Exposures Program of the Agency for Toxic Substances and
Disease Registry.''.
TITLE II--RURAL HEALTHCARE CONNECTIVITY
SEC. 201. SHORT TITLE.
This title may be cited as the ``Rural Healthcare Connectivity Act
of 2016''.
SEC. 202. TELECOMMUNICATIONS SERVICES FOR SKILLED NURSING FACILITIES.
(a) In General.--Section 254(h)(7)(B) of the Communications Act of
1934 (47 U.S.C. 254(h)(7)(B)) is amended--
(1) in clause (vi), by striking ``and'' at the end;
(2) by redesignating clause (vii) as clause (viii);
(3) by inserting after clause (vi) the following:
``(vii) skilled nursing facilities (as
defined in section 1819(a) of the Social
Security Act (42 U.S.C. 1395i-3(a))); and'';
and
(4) in clause (viii), as redesignated, by striking
``clauses (i) through (vi)'' and inserting ``clauses (i)
through (vii)''.
(b) Savings Clause.--Nothing in subsection (a) shall be construed
to affect the aggregate annual cap on Federal universal service support
for health care providers under section 54.675 of title 47, Code of
Federal Regulations, or any successor regulation.
(c) Effective Date.--The amendments made by subsection (a) shall
apply beginning on the date that is 180 days after the date of the
enactment of this Act.
Attest:
Clerk.
114th CONGRESS
2d Session
H.R. 2576
_______________________________________________________________________
HOUSE AMENDMENT TO SENATE AMENDMENT