[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