[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[S. 725 Introduced in Senate (IS)]

114th CONGRESS
  1st Session
                                 S. 725

   To amend the Toxic Substances Control Act, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             March 12, 2015

 Mrs. Boxer (for herself, Mr. Markey, and Mr. Sanders) introduced the 
 following bill; which was read twice and referred to the Committee on 
                      Environment and Public Works

_______________________________________________________________________

                                 A BILL


 
   To amend the Toxic Substances Control Act, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Alan Reinstein and 
Trevor Schaefer Toxic Chemical Protection Act''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. References.
        TITLE I--AMENDMENTS TO THE TOXIC SUBSTANCES CONTROL ACT

Sec. 101. Findings, policy, and intent.
Sec. 102. Definitions.
Sec. 103. Policies, procedures and guidance.
Sec. 104. Testing of chemical substances or mixtures.
Sec. 105. Prioritization screening.
Sec. 106. New chemicals and significant new uses.
Sec. 107. Safety assessments and determinations.
Sec. 108. Imminent hazards.
Sec. 109. Information collection and reporting.
Sec. 110. Relationship to other Federal laws.
Sec. 111. Research, development, collection, dissemination, and 
                            utilization of data.
Sec. 112. Exports.
Sec. 113. Imports.
Sec. 114. Confidential information.
Sec. 115. Prohibited acts.
Sec. 116. Penalties.
Sec. 117. Preemption.
Sec. 118. Judicial review.
Sec. 119. Citizens' petitions.
Sec. 120. Studies.
Sec. 121. Administration.
Sec. 122. Development and evaluation of test methods.
Sec. 123. State programs.
Sec. 124. Authorization of appropriations.
Sec. 125. Annual report.
 TITLE II--STRENGTHENING PROTECTIONS FOR CHILDREN AND COMMUNITIES FROM 
                            DISEASE CLUSTERS

Sec. 201. Purposes.
Sec. 202. Definitions.
Sec. 203. Guidelines for environmental investigations of disease 
                            clusters.
Sec. 204. Enhanced support for environmental investigations of disease 
                            clusters.
Sec. 205. Federal reports to Congress.
Sec. 206. Authorization of appropriations.
Sec. 207. Effect on other law.
    TITLE III--COMMUNITY DISEASE CLUSTER TECHNICAL ASSISTANCE GRANTS

Sec. 301. Community disease cluster technical assistance grants.
Sec. 302. Authorization of appropriations.

SEC. 2. REFERENCES.

    Except as otherwise expressly provided, wherever in this Act an 
amendment or repeal is expressed in terms of an amendment to, or repeal 
of, a section or other provision, the reference shall be considered to 
be made to a section or other provision of the Toxic Substances Control 
Act (15 U.S.C. 2601 et seq.).

        TITLE I--AMENDMENTS TO THE TOXIC SUBSTANCES CONTROL ACT

SEC. 101. FINDINGS, POLICY, AND INTENT.

    Section 2(a) (15 U.S.C. 2601(a)) is amended--
            (1) In paragraph (2)--
                    (A) by striking ``injury'' and inserting ``harm''; 
                and
                    (B) by striking ``and'' at the end;
            (2) by redesignating paragraph (3) as paragraph (6); and
            (3) by inserting after paragraph (2) the following:
            ``(3) reform of this Act shall be administered to protect 
        the health of children, pregnant women, the elderly, workers, 
        consumers, the general public and the environment from the 
        risks of harmful exposures to chemical substances and mixtures;
            ``(4) reform of this Act shall not displace or supplant 
        common law rights of action or remedies for civil relief;
            ``(5) reform of this Act shall be administered to ensure 
        that appropriate information on chemical substances and 
        mixtures should be available to public health officials and 
        first responders in the event of an emergency; and''.

SEC. 102. DEFINITIONS.

    Section 3 (15 U.S.C. 2602) is amended--
            (1) by redesignating paragraphs (7), (8), (9), (10), (11), 
        (12), (13), and (14) as paragraphs (9), (10), (11), (13), (14), 
        (19), (20), and (21), respectively;
            (2) by inserting after paragraph (6) the following:
            ``(7) Information.--Except in section 14, the term 
        `information' means any qualitative, quantitative or 
        descriptive facts, data, analysis or assessment related to 
        chemical hazards, use, or exposure (including the nature and 
        extent of exposure to a chemical substance), including from 
        health and safety studies.
            ``(8) Intended or reasonably foreseeable conditions of 
        use.--The term `intended or reasonably foreseeable conditions 
        of use' means the circumstances under which a chemical 
        substance is intended, reasonably known, or reasonably 
        anticipated to be manufactured, processed, distributed in 
        commerce, used, disposed of, and released into the environment, 
        including reasonably foreseeable but unintended exposure 
        conditions from unplanned releases into the environment.'';
            (3) by inserting after paragraph 11 (as so redesignated) 
        the following:
            ``(12) Potentially exposed or susceptible population.--The 
        term `potentially exposed or susceptible population' means a 
        group or groups of individuals within the general population 
        who may be--
                    ``(A) differentially exposed to chemical substances 
                under the intended or reasonably foreseeable conditions 
                of use; or
                    ``(B) more susceptible to adverse health 
                consequences from chemical exposures than the general 
                population, which when identified by the Administrator 
                may include such groups as infants, children, pregnant 
                women, workers, and the elderly.''; and
            (4) by inserting after paragraph (14) (as so redesignated) 
        the following:
            ``(15) Publicly available information.--The term `publicly 
        available information' means information that is generally 
        accessible and available to the general public or in the public 
        domain, including information that has been published in 
        periodicals, books, print, or electronic or other media 
        available for general distribution to any member of the public.
            ``(16) Safety assessment.--The term `safety assessment' 
        means an assessment of the risk posed by a chemical substance 
        under the intended or reasonably foreseeable conditions of use, 
        integrating hazard, use, and exposure information about the 
        chemical substance.
            ``(17) Safety determination.--The term `safety 
        determination' means a determination by the Administrator as to 
        whether a chemical substance meets the safety standard under 
        the intended or reasonably foreseeable conditions of use.
            ``(18) Safety standard.--The term `safety standard' means a 
        standard that ensures with reasonable certainty, without taking 
        into consideration cost or other non-risk factors, that no harm 
        to human health or the environment will result from exposure to 
        a chemical substance under the intended or reasonably 
        foreseeable conditions of use, including no harm to the general 
        population or to any potentially exposed or susceptible 
        subpopulation that the Administrator has identified as relevant 
        to the safety assessment and determination for a chemical 
        substance.''.

SEC. 103. POLICIES, PROCEDURES AND GUIDANCE.

    The Toxic Substances Control Act (15 U.S.C. 2601 et seq.) is 
amended by adding after section 3 the following:

``SEC. 3A. POLICIES, PROCEDURES, AND GUIDANCE.

    ``(a) Deadline.--Not later than 2 years after the date of enactment 
of the Alan Reinstein and Trevor Schaefer Toxic Chemical Protection 
Act, the Administrator shall, after providing an opportunity for public 
notice and comment, develop the policies, procedures and guidance 
required by this section. As used in this section, the term `guidance' 
includes any significant written guidance of general applicability 
prepared by the Administrator.
    ``(b) Use of Science.--In establishing any policies, procedures, 
and guidance, on the use of science in making decisions under this 
section and sections 4, 4A, 5, and 6, the Administrator shall have the 
goal of making the basis of decisions clear to the public. The 
policies, procedures and any guidance issued under this subsection 
shall describe how the Administrator will ensure that--
            ``(1) decisions by the Administrator--
                    ``(A) are based on the best available science; and
                    ``(B) take into account the extent to which--
                            ``(i) assumptions and methods used to 
                        develop information considered by the 
                        Administrator are clearly and completely 
                        described and documented;
                            ``(ii) variability and uncertainty in such 
                        information are evaluated and characterized; 
                        and
                            ``(iii) the information has been subject to 
                        independent peer review;
            ``(2) to the extent practicable and where appropriate, the 
        use of peer review, standardized test design and methods, 
        consistent data evaluation procedures, and appropriate 
        laboratory practices will be encouraged;
            ``(3) the names of the organizations or individuals funding 
        the generation and assessment of information and the degree of 
        control they had over the generation, assessment, and 
        dissemination of information (including control over the design 
        of the work and the publication of information) will be made 
        clear; and
            ``(4) decisions by the Administrator follow the applicable 
        recommendations in relevant National Academy of Sciences 
        reports, including the reports titled: Science and Decisions: 
        Advancing Risk Assessment, Phthalates and Cumulative Risk 
        Assessment: The Task Ahead, Review of EPA's Integrated Risk 
        Information System (IRIS) Process, Review of the Formaldehyde 
        Assessment in the National Toxicology Program 12th Report on 
        Carcinogens, and Review of the Styrene Assessment in the 
        National Toxicology Program 12th Report on Carcinogens.
    ``(c) Existing EPA Policies, Procedures and Guidance.--The 
policies, procedures, and guidance described in subsections (a) and (b) 
shall incorporate, as appropriate, existing relevant hazard, exposure, 
and risk assessment guidelines and methodologies, data evaluation and 
quality criteria, testing methodologies and other relevant guidelines 
and policies previously issued by the Administrator.
    ``(d) Review.--Not less than 5 years after the date of enactment of 
this Act, and not less frequently than every 5 years thereafter, the 
Administrator shall--
            ``(1) review the adequacy of any policies, procedures, and 
        guidance developed under this section, including procedures for 
        assessing and determining risk under this Act; and
            ``(2) after providing an opportunity for public notice and 
        comment, revise the policies, procedures, and guidance if 
        necessary to reflect new scientific developments or 
        understandings.
    ``(e) Sources of Information.--In making any decision with respect 
to a chemical substance under sections 4, 4A, 5, and 6, the 
Administrator shall consider information on the hazards and exposures 
of a chemical substance under the intended or reasonably foreseeable 
conditions of use that is reasonably available to the Administrator, 
including information that is--
            ``(1) submitted to the Administrator pursuant to any rule, 
        consent agreement, order, or other requirement of this Act, or 
        on a voluntary basis (including pursuant to any request made 
        under this Act) by--
                    ``(A) manufacturers and processors of a substance;
                    ``(B) the public;
                    ``(C) other Federal agencies and departments; or
                    ``(D) a Governor of a State or a State agency with 
                responsibility for protecting health or the 
                environment;
            ``(2) submitted to a governmental body in any jurisdiction 
        under a governmental requirement relating to the protection of 
        human health and the environment; or
            ``(3) identified through an active search by the 
        Administrator of information sources that are publicly 
        available or otherwise accessible by the Administrator.
    ``(f) Testing of Chemical Substances and Mixtures.--
            ``(1) In general.--The Administrator shall establish 
        policies and procedures for the testing of chemical substances 
        or mixtures under section 4. A goal of the policies and 
        procedures shall be to make the basis of decisions clear to the 
        public.
            ``(2) Contents.--The policies and procedures established 
        under paragraph (1) shall--
                    ``(A) address how and when the exposure level or 
                exposure potential of a chemical substance would factor 
                into decisions to require new testing, provided that 
                the Administrator shall not interpret the lack of 
                exposure information as a lack of exposure or exposure 
                potential and that lack of information on exposure or 
                exposure potential shall not, by itself, be a reason 
                not to require testing;
                    ``(B) describe how the Administrator will determine 
                that additional testing is needed to carry out this 
                Act, including testing related to potentially exposed 
                or susceptible populations and testing related to the 
                accumulation of chemical substances in the human body;
                    ``(C) require the Administrator to consult with the 
                Director of the National Institute for Occupational 
                Safety and Health prior to prescribing epidemiologic 
                studies of employees; and
                    ``(D) prior to adopting a requirement for testing 
                using mammals, require the Administrator to consider, 
                as appropriate and to the extent practicable, 
                reasonably available--
                            ``(i) toxicity information;
                            ``(ii) computational toxicology and 
                        bioinformatics;
                            ``(iii) high-throughput screening methods 
                        and their prediction models; and
                            ``(iv) scientifically reliable and relevant 
                        alternatives to tests on mammals that would 
                        provide equivalent information.
            ``(3) Tiered testing.--Except as provided in subparagraph 
        (C), the Administrator shall employ a tiered screening and 
        testing process, in 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.
                    ``(A) Screening level.--The screening level tests 
                required for a chemical substance or mixture may 
                include tests for hazard (which may include in silico, 
                in vitro, and in vivo tests), environmental and 
                biological fate and transport, and measurements or 
                modeling of exposure, as appropriate. Screening level 
                tests shall be used--
                            ``(i) to screen chemical substances or 
                        mixtures for potential adverse effects; and
                            ``(ii) to inform the decision of the 
                        Administrator whether additional testing is 
                        necessary.
                    ``(B) Additional testing.--If the Administrator 
                determines under subparagraph (A) that additional 
                testing is necessary to provide more definitive 
                information for prioritization or safety assessments 
                and safety determinations, the Administrator may 
                require more advanced tests for potential human health 
                or environmental effects or exposure.
                    ``(C) Advanced testing without screening.--The 
                Administrator may require more advanced testing without 
                conducting screening-level testing when other 
                information available to the Administrator justifies 
                the advanced test, pursuant to policies or procedures 
                developed by the Administrator under this subsection.
    ``(g) Safety Assessments and Safety Determinations.--
            ``(1) Schedule.--The Administrator shall inform the public 
        regarding the schedule for the completion of each safety 
        assessment and safety determination as soon as possible after 
        designation as a high priority substance pursuant to section 
        4A. The time allotted may be different for different chemicals, 
        provided that all schedules shall comply with the deadlines 
        established under section 6.
            ``(2) Policies and procedures for safety assessments and 
        safety determinations.--The Administrator shall establish 
        policies and procedures on how the Administrator shall carry 
        out section 6. A goal of the policies and procedures shall be 
        to make the basis of decisions clear to the public. At a 
        minimum, the policies and procedures shall--
                    ``(A) describe--
                            ``(i) how the Administrator will identify 
                        informational needs and seek such information 
                        from the public;
                            ``(ii) what information (including draft 
                        safety assessments) may be submitted by 
                        interested persons, including States; and
                            ``(iii) the criteria by which that 
                        information will be evaluated;
                    ``(B) require the Administrator, in each safety 
                assessment and safety determination, to--
                            ``(i) identify the substance's intended or 
                        reasonably foreseeable conditions of use based 
                        on information provided by its manufacturers 
                        and processors or otherwise available to the 
                        Administrator;
                            ``(ii) identify all potentially exposed or 
                        susceptible populations that the Administrator 
                        determines are pertinent to the substance;
                            ``(iii) identify the hazards of the 
                        substance and its metabolites and breakdown 
                        products and any differences in the magnitude 
                        or nature of these hazards for potentially 
                        exposed or susceptible populations, including 
                        the potential for chemical substances to 
                        accumulate in the human body;
                            ``(iv) determine the nature and extent of 
                        exposures to the chemical substance by the 
                        general population and each potentially exposed 
                        or susceptible population, including aggregate 
                        exposures resulting from multiple pathways or 
                        routes of exposure;
                            ``(v) to the extent practicable, review and 
                        incorporate any available scientific 
                        information on the cumulative effects of 
                        exposure to the chemical substance and other 
                        chemical substances posing similar hazards to 
                        human health and the environment; and
                            ``(vi) characterize the nature and extent 
                        of the risk presented by the chemical 
                        substance, taking into account aggregate 
                        exposures resulting from multiple pathways or 
                        routes of exposure and the cumulative effects 
                        of exposure to the chemical substance and other 
                        chemicals posing similar hazards; and
                    ``(C) establish a timely and transparent process 
                for evaluating whether new information submitted or 
                obtained after the date of a final safety assessment or 
                safety determination warrants reconsideration of the 
                assessment or determination.
    ``(h) Release of Safety Assessments.--Subject to section 14, the 
Administrator shall--
            ``(1) make available to the public a nontechnical summary 
        and the final version of each safety assessment and safety 
        determination;
            ``(2) provide public notice and an opportunity for comment 
        on each proposed safety assessment and safety determination; 
        and
            ``(3) make public in a final safety assessment and safety 
        determination the list of studies considered by the 
        Administrator in carrying out the safety assessment and safety 
        determination, as well as the list of policies and procedures 
        that were followed in carrying out the safety assessment and 
        safety determination.
    ``(i) Consultation With Science Advisory Committee on Chemicals.--
            ``(1) In general.--Not later than 1 year after the date of 
        enactment of the Alan Reinstein and Trevor Schaefer Toxic 
        Chemical Protection Act, the Administrator shall establish a 
        Science Advisory Committee on Chemicals (referred to in this 
        subsection as the `Committee') to provide independent advice 
        and expert consultation, upon the request of the Administrator, 
        with respect to the scientific and technical aspects of issues 
        relating to the implementation of this title.
            ``(2) Composition of committee.--The Committee shall be 
        composed of representatives of such science, government, labor, 
        public health, public interest, industry, and other groups as 
        the Administrator deems advisable, including, at a minimum, 
        representatives that have specific scientific expertise in the 
        relationship of chemical exposures to women, children, and 
        other potentially exposed or susceptible populations.
            ``(3) Meetings.--The Administrator shall convene the 
        Committee on a schedule the Administrator determines 
        appropriate, but not less frequently than once every 2 years.
            ``(4) Federal advisory committee act.--All proceedings and 
        meetings of the Committee shall be subject to the Federal 
        Advisory Committee Act (5 U.S.C. App.).
            ``(5) Conflict of interest policies.--The Administrator 
        shall establish and make public conflict of interest policies 
        that shall apply to the Committee members, who shall be 
        appointed as Special Government Employees.
    ``(j) National Academy of Sciences Reports.--Not later than 120 
days after the issuance of any report by the National Academy of 
Sciences concerning hazards, exposures, or risks of chemical 
substances, the Administrator shall issue a public response to the 
principal recommendations of the report.''.

SEC. 104. TESTING OF CHEMICAL SUBSTANCES OR MIXTURES.

    (a) In General.--Section 4 (15 U.S.C. 2603) is amended--
            (1) by striking subsection (g) and redesignating 
        subsections (e) and subsection (f) as subsections (f) and (g), 
        respectively;
            (2) in subsection (f) (as so redesignated)--
                    (A) by striking ``rule'' each place it appears and 
                inserting ``rule, testing consent agreement, or 
                order'';
                    (B) by striking ``under subsection (a)'' each place 
                it appears and inserting ``under this subsection''; and
                    (C) in paragraph (1)(B), by striking 
                ``rulemaking'';
            (3) in subsection (g) (as so redesignated)--
                    (A) by striking ``from cancer, gene mutations, or 
                birth defects'';
                    (B) by striking ``unreasonable'' each place it 
                appears and inserting ``significant''; and
                    (C) by striking the last sentence; and
            (4) by striking subsections (a) through (d) and inserting 
        the following:
    ``(a) Development of New Information on Chemical Substances and 
Mixtures.--
            ``(1) In general.--The Administrator may require the 
        development of new information related to a chemical substance 
        or mixture in accordance with this section if the 
        Administration determines that the information is needed--
                    ``(A) to perform a safety assessment or make a 
                safety determination under section 6;
                    ``(B) to implement a requirement imposed in a 
                consent agreement or order issued under section 
                5(c)(4);
                    ``(C) pursuant to section 12(a)(4); or
                    ``(D) at the request of the implementing authority 
                under any other Federal law.
            ``(2) Testing for prioritization purposes.--The 
        Administrator may require the development of new information 
        for the purposes of section 4A, provided that any such testing 
        shall not be based on a set of uniform minimum information 
        requirements for all or large groups of chemical substances. 
        Use of this authority shall be limited to cases where the 
        Administrator determines additional information is needed to 
        establish the priority of a chemical substance.
            ``(3) Form.--Subject to section 3A(f), the Administrator 
        may require the development of test data and information 
        described in paragraph (1) or (2) by--
                    ``(A) promulgating a rule;
                    ``(B) entering into a testing consent agreement; or
                    ``(C) issuing an order.
            ``(4) Contents.--
                    ``(A) In general.--A rule, testing consent 
                agreement, or order issued under this subsection shall 
                include--
                            ``(i) identification of the chemical 
                        substance or mixture for which testing is 
                        required;
                            ``(ii) identification of the persons 
                        required to conduct the testing;
                            ``(iii) to the extent practicable, test 
                        protocols and methodologies for the development 
                        of information for the chemical substance or 
                        mixture, including specific reference to 
                        reliable nonmammal test procedures; and
                            ``(iv) specification of the period within 
                        which persons required to conduct the testing 
                        shall submit to the Administrator the 
                        information developed in accordance with the 
                        procedures described in clause (iii).
                    ``(B) Duration.--The period described in 
                subparagraph (A)(iv) shall not be of an unreasonable 
                duration.
                    ``(C) Considerations.--In determining the 
                procedures and period to be required under subparagraph 
                (A), the Administrator shall consider--
                            ``(i) the relative costs of the various 
                        test protocols and methodologies that may be 
                        required; and
                            ``(ii) the reasonably foreseeable 
                        availability of facilities and personnel needed 
                        to perform the testing.
    ``(b) Statement of Need.--
            ``(1) In general.--In promulgating a rule, entering into a 
        testing consent agreement, or issuing an order for development 
        of additional information (including information on exposure or 
        exposure potential) under this section, the Administrator 
        shall--
                    ``(A) identify the need intended to be met by the 
                rule, agreement, or order;
                    ``(B) explain why information reasonably available 
                to the Administrator at that time is inadequate to meet 
                that need, including a reference, as appropriate, to 
                the information identified in paragraph (2)(B); and
                    ``(C) explain the basis for any decision that 
                requires the use of mammals.
            ``(2) Explanation in case of order.--
                    ``(A) In general.--If the Administrator issues an 
                order under this section, the Administrator shall issue 
                a statement providing a justification for issuance of 
                an order instead of promulgating a rule or entering 
                into a testing consent agreement.
                    ``(B) Contents.--The statement described in 
                subparagraph (A) shall contain a discussion of--
                            ``(i) information that is readily 
                        accessible to the Administrator, including 
                        information submitted under any other provision 
                        of law;
                            ``(ii) the extent to which the 
                        Administrator has obtained or attempted to 
                        obtain the information through voluntary 
                        submissions; and
                            ``(iii) any information relied on in safety 
                        assessments for other chemical substances 
                        relevant to the chemical substances that would 
                        be the subject of the order.
    ``(c) Reduction of Testing on Mammals.--
            ``(1) In general.--The Administrator shall minimize, to the 
        extent practicable, the use of mammals in testing of chemical 
        substances or mixtures, by--
                    ``(A) encouraging and facilitating--
                            ``(i) the use of integrated and tiered 
                        testing and assessment strategies;
                            ``(ii) the use of best available science in 
                        existence on the date on which the test is 
                        conducted;
                            ``(iii) the use of test methods that 
                        eliminate or reduce the use of mammals while 
                        providing information of high scientific 
                        quality;
                            ``(iv) the grouping of 2 or more chemical 
                        substances into scientifically appropriate 
                        categories in cases where testing of a chemical 
                        substance would provide reliable and useful 
                        information on others in the category;
                            ``(v) the formation of industry consortia 
                        to jointly conduct testing to avoid unnecessary 
                        duplication of tests; and
                            ``(vi) the submission of information from 
                        animal-based studies and emerging methods and 
                        models; and
                    ``(B) funding research and validation studies to 
                reduce, refine, and replace the use of animal tests in 
                accordance with this subsection.
            ``(2) Implementation of alternative testing methods.--To 
        promote the development and timely incorporation of new testing 
        methods that are not based on mammals, the Administrator 
        shall--
                    ``(A) after providing an opportunity for public 
                comment, develop a strategic plan to promote the 
                development and implementation of alternative test 
                methods and testing strategies to generate information 
                used in safety assessments and determinations under 
                section 6 that can reduce, refine, or replace the use 
                of mammals, including toxicity pathway-based risk 
                assessment, in vitro studies, systems biology, 
                computational toxicology, bioinformatics, and high-
                throughput screening;
                    ``(B) beginning on the date that is 5 years after 
                the date of enactment of the Alan Reinstein and Trevor 
                Schaefer Toxic Chemical Protection Act and every 5 
                years thereafter, submit to Congress a report that 
                describes the progress made in implementing this 
                subsection and goals for future alternative test 
                methods implementation; and
                    ``(C) to the extent practicable, fund and carry out 
                research, development, performance assessment, and 
                translational studies to accelerate the development of 
                test methods and testing strategies that reduce, 
                refine, or replace the use of mammals in any safety 
                assessment or determination made under section 6.
    ``(d) Testing Requirements.--
            ``(1) In general.--The Administrator may require the 
        following persons to develop information:
                    ``(A) Manufacturers and processors of the chemical 
                substance or mixture.
                    ``(B) Persons who begin to manufacture or process 
                such chemical substance or mixture--
                            ``(i) after the effective date of the rule, 
                        testing consent agreement, or order; but
                            ``(ii) subject to paragraph (3), not later 
                        than 180 days after the completion of the 
                        period for submitting information specified 
                        under subsection (a)(4)(A)(iv).
            ``(2) Designation.--The Administrator may permit 2 or more 
        of the persons identified in subparagraphs (A) and (B) of 
        paragraph (1) to designate a person or a qualified third 
        party--
                    ``(A) to develop the information; and
                    ``(B) to submit the information on behalf of the 
                persons making the designation.
            ``(3) Exemptions.--
                    ``(A) In general.--A person otherwise subject to a 
                rule, testing consent agreement, or order under this 
                section may submit to the Administrator an application 
                for an exemption on the basis that the information is 
                being developed by a person designated under paragraph 
                (2).
                    ``(B) Fair and equitable reimbursement to 
                designee.--
                            ``(i) In general.--If the Administrator 
                        accepts an application submitted under 
                        subparagraph (A), the Administrator shall 
                        direct the applicant to provide to the person 
                        designated under paragraph (2) fair and 
                        equitable reimbursement, as agreed to between 
                        the applicant and the person designated.
                            ``(ii) Arbitration.--If the applicant and a 
                        person designated under paragraph (2) cannot 
                        reach agreement on the amount of fair and 
                        equitable reimbursement, the amount shall be 
                        determined by arbitration.
                    ``(C) Termination.--If, after granting an exemption 
                under this paragraph, the Administrator determines that 
                no person has complied with the rule, testing consent 
                agreement, or order, the Administrator shall--
                            ``(i) by order terminate the exemption; and
                            ``(ii) notify in writing each person who 
                        received an exemption of the requirements with 
                        respect to which the exemption was granted.
    ``(e) Transparency.--Subject to section 14, the Administrator shall 
make available to the public all testing consent agreements and orders 
under this section.''.
    (b) Conforming Amendments.--Section 104(i)(5)(A) of the 
Comprehensive Environmental Response, Compensation, and Liability Act 
of 1980 (42 U.S.C. 9604(i)(5)(A)) is amended by striking ``section 
4(e)'' and inserting ``section 4(f)''.

SEC. 105. PRIORITIZATION SCREENING.

    The Toxic Substances Control Act (15 U.S.C. 2601 et seq.) is 
amended by adding after section 4 the following:

``SEC. 4A. PRIORITIZATION SCREENING.

    ``(a) Prioritization Screening.--
            ``(1) In general.--Not later than 1 year after the date of 
        enactment of the Alan Reinstein and Trevor Schaefer Toxic 
        Chemical Protection Act, the Administrator shall by rule 
        establish a screening process and criteria for identifying 
        existing chemical substances that are--
                    ``(A) a high priority for a safety assessment and 
                safety determination under section 6, to be known as 
                `high-priority substances'; and
                    ``(B) a low priority for a safety assessment and 
                safety determination, to be known as `low-priority 
                substances'.
            ``(2) Initial list of high priority substances.--Prior to 
        promulgation of the rule established under paragraph (1) and 
        not later than 6 months after the date of enactment of the Alan 
        Reinstein and Trevor Schaefer Toxic Chemical Protection Act, 
        the Administrator shall consider and publish an initial list of 
        high priority substances, which shall contain not less than 15 
        chemical substances, and pursuant to sections 6(a) and 6(b)(2), 
        initiate or continue safety assessments and safety 
        determinations for such substances.
            ``(3) Additions to priority list.--Starting 1 year after 
        publication of the initial priority list under paragraph (2) 
        and at 1 year intervals thereafter for the following 4 years, 
        the Administrator shall add at least 15 high-priority 
        substances to the list and, pursuant to sections 6(a) and 
        6(b)(2), initiate or continue safety assessments and safety 
        determinations for those substances.
            ``(4) Workplan and action plan chemicals.--The 
        Administration may list as high-priority substances under 
        paragraphs (2) and (3) those chemical substances or categories 
        of chemical substances that are included in the Administrator's 
        March 2012 Workplan (as updated in October 2014 and by 
        subsequent updates) or are the subject of Existing Chemical 
        Action Plans published by the Administrator before the date of 
        enactment of the Alan Reinstein and Trevor Schaefer Toxic 
        Chemical Protection Act without providing further justification 
        for listing or meeting the requirements of this section.
            ``(5) Implementation.--
                    ``(A) Consideration of active and inactive 
                substances.--
                            ``(i) Consideration of active substances.--
                        In implementing the process described in 
                        paragraph (1), the Administrator shall consider 
                        active substances, as determined under section 
                        8, which may include substances on the interim 
                        list of active substances established under 
                        that section.
                            ``(ii) Consideration of inactive 
                        substances.--In implementing the process 
                        described in paragraph (1), the Administrator 
                        may consider inactive substances, as determined 
                        under section 8, that the Administrator 
                        determines--
                                    ``(I)(aa) have not been subject to 
                                a regulatory or other enforceable 
                                action by the Administrator to ban or 
                                phase out the substance; and
                                    ``(bb) have the potential for high 
                                hazard and widespread exposure; or
                                    ``(II)(aa) have been subject to a 
                                regulatory or other enforceable action 
                                by the Administrator to ban or phase 
                                out the substance; and
                                    ``(bb) there is the potential for 
                                residual high hazards or widespread 
                                exposures not otherwise addressed by 
                                the regulatory or other action.
                            ``(iii) Repopulation.--Upon the completion 
                        of a safety determination under section 6 for a 
                        chemical substance, the Administrator shall 
                        remove the substance from the list of high-
                        priority substances. The Administrator shall 
                        add not less than 1 chemical substance to the 
                        list of high-priority substances for each 
                        chemical substance removed from the list, until 
                        a safety assessment and safety determination is 
                        completed for all active substances, except 
                        that not less than 3 chemical substances shall 
                        be added for each chemical substance removed 
                        from the list, subject to section 21, when fees 
                        are in place.
                    ``(B) Timely completion of prioritization screening 
                process.--
                            ``(i) In general.--In addition to the 
                        decisions required by paragraphs (1) and (2), 
                        not later than 6 months after the effective 
                        date of the final rule under paragraph (1), the 
                        Administrator shall begin the prioritization 
                        screening process.
                            ``(ii) Decisions on substances subject to 
                        testing for prioritization purposes.--Not later 
                        than 120 days after receipt of the information 
                        complying with a rule, testing consent 
                        agreement, or order issued under section 
                        4(a)(2), the Administrator shall designate the 
                        substance as either a high or low priority.
                            ``(iii) Consideration.--The Administrator 
                        shall screen substances, taking into 
                        consideration the requirement to meet the 
                        deadlines under section 6 of this Act.
                            ``(iv) Annual goal.--The Administrator 
                        shall publish an annual goal for the number of 
                        substances to be subject to the prioritization 
                        screening process.
                    ``(C) Screening of categories of substances.--The 
                Administrator may screen categories of chemical 
                substances to ensure an efficient prioritization 
                screening process to allow for timely and adequate 
                safety assessments and determinations.
                    ``(D) Publication of list of chemical substances.--
                Not less frequently than annually, the Administrator 
                shall--
                            ``(i) publish a list of chemical substances 
                        being considered in the prioritization 
                        screening process and their status in the 
                        prioritization process, including those 
                        substances for which a prioritization decision 
                        has been deferred; and
                            ``(ii) publish a list of those substances 
                        designated as high-priority and low-priority 
                        substances and the basis for the designations.
            ``(6) Criteria.--The criteria described in paragraph (1) 
        shall include--
                    ``(A) the recommendation of a Governor of a State 
                or a State agency with responsibility for protecting 
                health or the environment from chemical substances 
                appropriate for prioritization screening, and the 
                recommendations of the public;
                    ``(B) the hazard of the chemical substance (or 
                category of substances), including specific scientific 
                classifications and designations by authoritative 
                governmental entities;
                    ``(C) the intended or reasonably foreseeable 
                conditions of use of a chemical substance or 
                significant changes in the intended or reasonably 
                foreseeable conditions of use of the chemical 
                substance;
                    ``(D) evidence and indicators of exposure and 
                potential exposure to humans or the environment from 
                the chemical substance including potentially exposed or 
                susceptible populations;
                    ``(E) the volume of a chemical substance 
                manufactured or processed, and past and anticipated 
                future changes in volume;
                    ``(F) whether the volume of a chemical substance as 
                reported under a regulation issued under section 8(a) 
                has significantly increased or decreased since a 
                previous report or since the date on which a notice has 
                been submitted under section 5(a) for that chemical 
                substance;
                    ``(G) the availability of information about 
                potential hazards and exposures needed for conducting a 
                safety assessment or determination, provided that 
                limited availability of relevant information shall not 
                be a sufficient basis for failing to designate a 
                substance as a high priority;
                    ``(H) the potential threat the chemical substance 
                poses to drinking water supplies, based on hazard, 
                exposure, or exposure potential (including whether the 
                chemical substance is stored near sources of drinking 
                water);
                    ``(I) the extent to which a chemical substance 
                accumulates in the human body; and
                    ``(J) other relevant criteria identified by the 
                Administrator.
    ``(b) Prioritization Screening Process and Decisions.--
            ``(1) In general.--The prioritization screening process 
        developed under subsection (a) shall include a requirement that 
        the Administrator--
                    ``(A) identify the chemicals being considered for 
                prioritization;
                    ``(B) request interested persons to supply 
                information on the substances being considered;
                    ``(C) apply the criteria identified in subsection 
                (a)(5); and
                    ``(D) subject to paragraph (4) and using the 
                information available to the Administrator at the time 
                of the decision, identify a chemical substance as a 
                high-priority substance or a low-priority substance.
            ``(2) Identification of high-priority substances.--The 
        Administrator--
                    ``(A) shall identify as a high-priority substance a 
                chemical substance that the Administrator determines 
                has, or has the potential for, significant hazard and 
                significant or substantial exposure;
                    ``(B) may identify as a high-priority substance a 
                chemical substance that the Administrator determines 
                has, or has the potential for, significant hazard or 
                significant or substantial exposure;
                    ``(C) may identify as a high-priority substance an 
                inactive substance, as determined under section 8(b), 
                that the Administrator determines warrants a safety 
                assessment and determination under section 6; and
                    ``(D) may identify as a high-priority substance a 
                chemical substance that accumulates in the body.
            ``(3) Identification of low-priority substances.--The 
        Administrator shall identify as a low-priority substance a 
        chemical substance if the Administrator--
                    ``(A) concludes that sufficient hazard and exposure 
                information is available for an informed evaluation of 
                the substance's risks to human health and the 
                environment;
                    ``(B) determines, based on a review of the 
                information available, that the substance is likely to 
                meet the safety standard under the intended or 
                reasonably foreseeable conditions of use; and
                    ``(C) identifies the information on which the 
                determination is based and describes the 
                Administrator's analysis of this information.
            ``(4) Deferring a decision.--If the Administrator 
        determines that additional information is needed to establish 
        the priority of a chemical substance, the Administrator may 
        defer the prioritization screening decision for a reasonable 
        period to--
                    ``(A) allow for the submission and evaluation of 
                additional information by an interested person; or
                    ``(B) require the development of information 
                pursuant to a rule, testing consent agreement, or order 
                issued under section 4(a)(2).
            ``(5) Deadlines for submission of information.--If the 
        Administrator requests the development or submission of 
        information under this section, the Administrator shall 
        establish a deadline for submission of such information, which 
        deadline shall be of reasonable duration.
            ``(6) Notice and comment.--Except as provided in subsection 
        (a)(4), the Administrator shall publish the proposed decisions 
        made under paragraphs (2), (3) and (4) and the basis for the 
        decisions, and provide an opportunity for public comment.
            ``(7) Revision based on new information.--The Administrator 
        may, at any time, revise the designation of a chemical 
        substance as a high-priority or a low-priority substance based 
        on new information made available to the Administrator after 
        the date of the determination under paragraph (2) or (3), 
        following the procedures in this section.
            ``(8) Review.--Not less frequently than once every 5 years 
        after the date on which the process under this subsection is 
        established, the Administrator shall review the process on the 
        basis of experience and consider the resources available to 
        efficiently and effectively screen and prioritize substances, 
        and if necessary modify the prioritization screening process in 
        a manner that complies with this Act.
            ``(9) Effect.--Subject to section 18, a decision by the 
        Administrator under this subsection with respect to a chemical 
        substance shall not be construed to affect the manufacture, 
        processing, distribution, use, or disposal of the chemical 
        substance, or regulation of those activities.
    ``(c) Final Agency Action.--Except for the designation of a 
substance as low priority under subsection (b)(3), any action by the 
Administrator under this section shall not be--
            ``(1) considered to be a final agency action; or
            ``(2) subject to judicial review.''.

SEC. 106. NEW CHEMICALS AND SIGNIFICANT NEW USES.

    Section 5 (15 U.S.C. 2604) is amended--
            (1) by striking the section designation and heading and 
        inserting the following:

``SEC. 5. NEW CHEMICALS AND SIGNIFICANT NEW USES.'';

            (2) in subsection (a)(1), in the matter following 
        subparagraph (B)--
                    (A) by striking ``subsection (d)'' and inserting 
                ``subsection (b)''; and
                    (B) by striking ``and such person complies with any 
                applicable requirement of subsection (b)'';
            (3) by striking subsection (b);
            (4) by redesignating subsection (d) as subsection (b) and 
        moving the subsection so as to appear after subsection (a);
            (5) in subsection (b) (as so redesignated)--
                    (A) by striking paragraph (1) and inserting the 
                following:
            ``(1) In general.--The notice required under subsection (a) 
        shall include, with respect to a chemical substance--
                    ``(A) the information required by sections 720.45 
                and 720.50 of title 40, Code of Federal Regulations (or 
                successor regulations); and
                    ``(B) information regarding intended or reasonably 
                foreseeable conditions of use and reasonably 
                foreseeable exposures.'';
                    (B) in paragraph (2)--
                            (i) in the matter preceding subparagraph 
                        (A), by striking ``or of data under subsection 
                        (b)'';
                            (ii) in subparagraph (A), by adding ``and'' 
                        after the semicolon at the end;
                            (iii) in subparagraph (B), by striking ``; 
                        and'' and inserting a period; and
                            (iv) by striking subparagraph (C); and
                    (C) in paragraph (3), by striking ``, (b),'';
            (6) by striking subsection (c) and inserting the following:
    ``(c) Review of Notice.--
            ``(1) Initial review.--
                    ``(A) In general.--Subject to subparagraph (B), not 
                later than 90 days after the date of receipt of a 
                notice submitted under subsection (a), the 
                Administrator shall--
                            ``(i) conduct an initial review of the 
                        notice;
                            ``(ii) as needed, develop a profile of the 
                        relevant chemical substance and the potential 
                        for exposure to humans and the environment; and
                            ``(iii) make any necessary determination 
                        under paragraph (3).
                    ``(B) Extension.--Except as provided in paragraph 
                (5), the Administrator may extend the period described 
                in subparagraph (A) for good cause for 1 or more 
                periods, the total of which shall be not more than 90 
                days.
            ``(2) Information sources.--In evaluating a notice under 
        paragraph (1), the Administrator shall take into 
        consideration--
                    ``(A) any relevant information identified in 
                subsection (b)(1); and
                    ``(B) any other relevant information available to, 
                or submitted to, the Administrator.
            ``(3) Determinations.--Before the end of the applicable 
        period for review under paragraph (1), and based on the 
        information described in paragraph (2), the Administrator shall 
        determine that--
                    ``(A) the relevant chemical substance or a 
                significant new use is not likely to meet the safety 
                standard, in which case the Administrator shall take 
                appropriate action under paragraph (5);
                    ``(B) the relevant chemical substance or 
                significant new use is likely to meet the safety 
                standard, in which case the Administrator shall allow 
                the review period to expire without additional 
                restrictions; or
                    ``(C) additional information is necessary in order 
                to make a determination under subparagraph (A) or (B), 
                in which case the Administrator shall take appropriate 
                action under paragraph (5).
            ``(4) Restrictions.--
                    ``(A) In general.--If the Administrator makes a 
                determination under paragraph (3)(A) or (C) with 
                respect to a notice submitted under subsection (a), the 
                Administrator shall before the end of the applicable 
                period for review under paragraph (1) and by consent 
                agreement or order, as appropriate, prohibit or 
                restrict the manufacture, processing, use, distribution 
                in commerce, or disposal (as applicable) of the 
                chemical substance, or of the substance for a 
                significant new use without compliance with the 
                restrictions specified in the consent agreement or 
                order that the Administrator determines are sufficient 
                to ensure that the chemical substance or significant 
                new use is likely to meet the safety standard.
                    ``(B) Rulemaking.--Not later than 90 days after 
                issuing a consent agreement or order under subparagraph 
                (A), the Administrator shall--
                            ``(i) consider whether to promulgate a rule 
                        under subsection (a)(2) that identifies as a 
                        significant new use any manufacturing, 
                        processing, use, distribution in commerce, or 
                        disposal of the chemical substance, or of the 
                        chemical substance for a new use that is not in 
                        compliance with the restrictions imposed by the 
                        consent agreement or order; and
                            ``(ii)(I) initiate such rulemaking; or
                            ``(II) publish a statement of the 
                        Administrator's reasons for not initiating such 
                        action.
                    ``(C) Inclusions.--A prohibition, restriction, or 
                requirement under subparagraph (A) shall include, as 
                appropriate, 1 or more of the following requirements:
                            ``(i) A requirement that a chemical 
                        substance or mixture or article containing the 
                        substance be marked with, or accompanied by, 
                        clear and adequate warnings and instructions 
                        with respect to use, distribution in commerce, 
                        or disposal, or any combination of those 
                        activities, with the form and content of the 
                        warnings and instructions to be prescribed by 
                        the Administrator.
                            ``(ii) A requirement that manufacturers or 
                        processors, as applicable, of the chemical 
                        substance or mixture make and retain records of 
                        the processes used to manufacture or process 
                        the chemical substance.
                            ``(iii) A requirement that manufacturers or 
                        processors, as applicable, monitor or conduct 
                        such additional tests as are reasonably 
                        necessary to address potential risks from the 
                        manufacture, processing, distribution in 
                        commerce, use, or disposal of the chemical 
                        substance, subject to section 4.
                            ``(iv) A restriction on the quantity of the 
                        chemical substance or a mixture or article 
                        containing the substance that may be 
                        manufactured, processed, or distributed in 
                        commerce.
                            ``(v) A restriction on the quantity of the 
                        chemical substance or a mixture or article 
                        containing the substance that may be 
                        manufactured, processed, or distributed in 
                        commerce--
                                    ``(I) for a particular use; or
                                    ``(II) for a particular use in a 
                                concentration in excess of a level 
                                specified by the Administrator in the 
                                consent agreement or order imposing the 
                                requirement.
                            ``(vi) A prohibition or other regulation of 
                        the manufacture, processing, or distribution in 
                        commerce of the chemical substance or a mixture 
                        or article containing the substance for a 
                        significant new use.
                            ``(vii) A prohibition or other regulation 
                        of any manner or method of commercial use of 
                        the chemical substance or a mixture or article 
                        containing the substance.
                            ``(viii) A prohibition or other regulation 
                        of any manner or method of disposal of or 
                        environmental release of the chemical substance 
                        or a mixture or article containing the 
                        substance, by its manufacturer or processor or 
                        by any other person who uses, or disposes of 
                        it, for commercial purposes.
                            ``(ix) A prohibition or other appropriate 
                        restriction or requirement on the manufacture, 
                        processing, or distribution in commerce of the 
                        chemical substance or a mixture or article 
                        containing the substance.
                            ``(x) A prohibition or other appropriate 
                        restriction or requirement on the manufacture, 
                        processing, or distribution in commerce of the 
                        chemical substance or a mixture or article 
                        containing the substance for a particular use.
                    ``(D) Rule of construction.--The requirement, 
                warning, or instruction required under subparagraph (C) 
                does not establish a uniform national standard for the 
                purpose of supplanting, displacing, or preempting State 
                law.
                    ``(E) Workplace exposures.--The Administrator shall 
                consult with the Assistant Secretary of Labor for 
                Occupational Safety and Health prior to adopting any 
                prohibition or restriction adopted under this 
                subsection to address workplace exposures.
            ``(5) Additional information.--If the Administrator 
        determines under paragraph (3)(C) that additional information 
        is needed in order to conduct a review under this subsection, 
        the Administrator--
                    ``(A) shall provide an opportunity for the 
                submitter of the notice to submit such additional 
                information;
                    ``(B) may, by agreement with the submitter, extend 
                the review period for a reasonable time to allow the 
                development and submission of the additional 
                information;
                    ``(C) may promulgate a rule, enter into a testing 
                consent agreement, or issue an order under section 4 to 
                require the development of the information; and
                    ``(D) shall, after receiving information the 
                Administrator finds supports the determination under 
                paragraph (3), promptly make the determination.
            ``(6) Regulation pending development of information.--
        Subject to paragraph (4)(B), the Administrator may permit 
        manufacture for commercial purposes to commence pending receipt 
        of the additional information, subject to compliance with any 
        restrictions under paragraph (4) determined by the 
        Administrator to be sufficient to ensure that the chemical 
        substance is likely to meet the safety standard.
            ``(7) Commencement of manufacture.--Subject to paragraphs 
        (4), (5), and (6), at the end of the applicable period for 
        review under paragraph (1)(A) the submitter of a notice under 
        subsection (a) may commence manufacture for commercial purposes 
        a chemical substance, or a chemical substance for a significant 
        new use.'';
            (7) by striking subsections (e) through (g) and inserting 
        the following:
    ``(d) Notice of Commencement.--
            ``(1) In general.--Not later than 30 days after the date on 
        which a manufacturer or processor that has submitted a notice 
        under subsection (a) commences nonexempt commercial manufacture 
        of a chemical substance, the manufacturer or processor shall 
        submit to the Administrator a notice of commencement that 
        identifies--
                    ``(A) the name of the manufacturer or processor;
                    ``(B) the initial date of nonexempt commercial 
                manufacture; and
                    ``(C) additional information specified in section 
                720.102(c)(1) of title 40, Code of Federal Regulations 
                (or successor regulations).
            ``(2) Withdrawal.--A manufacturer or processor that has 
        submitted a notice under subsection (a), but that has not 
        commenced nonexempt commercial manufacture or processing of the 
        chemical substance, may withdraw the notice.
    ``(e) Further Evaluation.--The Administrator may screen a chemical 
substance under section 4A or require testing under section 4 at any 
time after the Administrator receives--
            ``(1) a notice of commencement for a chemical substance 
        under subsection (d); or
            ``(2) new information regarding the chemical substance.
    ``(f) Transparency.--Subject to section 14, the Administrator shall 
make available to the public all notices, determinations, consent 
agreements, rules and orders of the Administrator issued under this 
section.'';
            (8) by redesignating subsections (h) and (i) as subsections 
        (g) and (h), respectively;
            (9) in subsection (g) (as so redesignated)--
                    (A) in paragraph (1), in the matter preceding 
                subparagraph (A), by striking ``or (b)'';
                    (B) by striking paragraph (2);
                    (C) by redesignating paragraphs (3) through (6) as 
                paragraphs (2) through (5), respectively;
                    (D) in paragraph (2) (as so redesignated), by 
                striking ``subsections (a) and (b)'' and inserting 
                ``subsection (a)'';
                    (E) in paragraph (3) (as so redesignated), in the 
                first sentence, by striking ``will not present an 
                unreasonable risk of injury to health or the 
                environment'' and inserting ``will meet the safety 
                standard'';
                    (F) in paragraph (4) (as so redesignated), by 
                striking ``subsections (a) and (b)'' and inserting 
                ``subsection (a)''; and
                    (G) in paragraph (5) (as so redesignated), in the 
                first sentence, by striking ``paragraph (1) or (5)'' 
                and inserting ``paragraph (1) or (4),''; and
            (10) by inserting after subsection (h) (as so redesignated) 
        the following:
    ``(i) Prior Actions.--Nothing in this section requires the 
Administrator to modify or withdraw any rule or order promulgated under 
section 5 of this title prior to the enactment of the Alan Reinstein 
and Trevor Schaefer Toxic Chemical Protection Act.''.

SEC. 107. SAFETY ASSESSMENTS AND DETERMINATIONS.

    Section 6 (15 U.S.C. 2605) is amended--
            (1) by striking the section designation and heading and 
        inserting the following:

``SEC. 6. SAFETY ASSESSMENTS AND DETERMINATIONS.'';

            (2) by redesignating subsection (b) as subsection (m) and 
        moving the subsection so as to appear after subsection (l) (as 
        added by paragraph (6));
            (3) in subsection (m) (as so redesignated), by striking 
        ``unreasonable'' each place it appears and inserting 
        ``significant'';
            (4) by striking subsections (a), (c) and (d) and inserting 
        in lieu thereof the following, and by redesignating subsection 
        (b) as subsection (i):
    ``(a) In General.--The Administrator--
            ``(1) shall conduct a safety assessment and make a safety 
        determination of each high-priority substance designated under 
        section 4A in accordance with subsections (b) and (c);
            ``(2) shall, when a safety determination concludes that a 
        substance does not meet the safety standard, establish 
        restrictions pursuant to subsection (d);
            ``(3) shall complete a safety assessment and safety 
        determination not later than 2 years after the date on which a 
        substance is designated as a high priority;
            ``(4) shall promulgate a final rule pursuant to subsection 
        (d) not later than 2 years after the date on which the safety 
        determination is completed; and
            ``(5) may extend any deadline under this subsection for a 
        reasonable period of time after an adequate public 
        justification, subject to the condition that the aggregate 
        length of all extensions of deadlines under paragraphs (3) and 
        (4) of this subsection and any deferrals under subsection 
        (c)(2) does not exceed 2 years.
    ``(b) Safety Assessments and Determinations.--
            ``(1) In general.--The Administrator shall conduct a risk-
        based safety assessment and make a risk-based safety 
        determination of each high-priority substance.
            ``(2) Already initiated assessments.--
                    ``(A) In general.--Nothing in this Act prevents the 
                Administrator from initiating safety assessments and 
                safety determinations of chemical substances, or from 
                continuing or completing safety assessments and safety 
                determinations initiated prior to the date of enactment 
                of the Alan Reinstein and Trevor Schaefer Toxic 
                Chemical Protection Act, prior to the date on which the 
                policies and procedures the Administrator is directed 
                to establish under section 3A and 4A are effective.
                    ``(B) Integration.--As policies and procedures 
                under section 3A and 4A are established, the 
                Administrator shall integrate them into ongoing 
                assessments and determinations to the maximum extent 
                practicable.
            ``(3) Actions completed prior to completion of policies and 
        procedures.--Nothing in this Act requires the Administrator to 
        revise or withdraw a completed safety assessment, safety 
        determination, or rule merely because such action was completed 
        prior to the completion of a policy or procedure established 
        under section 3A or 4A, and the validity of such assessment, 
        determination, or rule shall not be determined based on the 
        content of such policy or procedure.
    ``(c) Safety Determinations.--
            ``(1) In general.--Based on a review of the information 
        before the Administrator, including draft safety assessments, 
        if any, submitted by interested persons, the Administrator 
        shall determine that--
                    ``(A) the relevant chemical substance meets the 
                safety standard;
                    ``(B) the relevant chemical substance does not meet 
                the safety standard, in which case the Administrator 
                shall by rule under subsection (d) impose restrictions 
                necessary to assure that the substance meets the safety 
                standard under the intended or reasonably foreseeable 
                conditions of use, or, where the safety standard cannot 
                be met with the application of restrictions, to ban or 
                phase out the substance, as appropriate; or
                    ``(C) additional information is necessary in order 
                to make a safety determination under subparagraph (A) 
                or (B), in which case the Administrator shall take 
                appropriate action under paragraph (2).
            ``(2) Additional information.--If the Administrator 
        determines that additional information is needed in order to 
        carry out a safety assessment and safety determination for a 
        high-priority substance, the Administrator--
                    ``(A) shall provide an opportunity for interested 
                persons to submit the additional information;
                    ``(B) may promulgate a rule, enter into a testing 
                consent agreement, or issue an order under section 4 to 
                require the development of the information;
                    ``(C) may defer, for a reasonable period that 
                complies with the deadlines in subsection (a), a safety 
                assessment and determination until after receipt of the 
                information; and
                    ``(D) in compliance with the deadlines in 
                subsection (a), shall, upon receipt of information the 
                Administrator finds supports the assessment and 
                determination, make a determination under paragraph 
                (1).
            ``(3) Deadline for submission of information.--When 
        requesting the development or submission of information under 
        this section the Administrator shall establish a deadline for 
        the submission of such information, which deadline shall be of 
        reasonable duration and shall comply with the deadlines under 
        subsection (a).
    ``(d) Rule.--
            ``(1) Implementation.--If the Administrator makes a 
        determination under subsection (c)(1)(B) with respect to a 
        chemical substance, the Administrator shall promulgate a rule 
        establishing restrictions necessary to ensure that the chemical 
        substance meets the safety standard.
            ``(2) Scope.--A rule promulgated under this subsection--
                    ``(A) may--
                            ``(i) apply to a mixture or article 
                        containing the chemical substance, as 
                        appropriate; and
                            ``(ii) exempt a replacement part 
                        manufactured prior to the applicable compliance 
                        deadline; and
                    ``(B) shall include dates by which compliance is 
                mandatory, which shall be as soon as feasible and may 
                vary for different affected persons, as the 
                Administrator determines to be appropriate, but which 
                shall be no later than 2 years after the date on which 
                the rule is promulgated.
            ``(3) Workplace exposures.--The Administrator shall consult 
        with the Assistant Secretary of Labor for Occupational Safety 
        and Health prior to adopting any prohibition or restriction 
        adopted under this subsection to address workplace exposures.
            ``(4) Restrictions.--A restriction under paragraph (1) 
        shall include, as appropriate, 1 or more of the following 
        requirements:
                    ``(A) A requirement that a chemical substance or a 
                mixture or article containing the substance be marked 
                with, or accompanied by, clear and adequate warnings 
                and instructions with respect to use, distribution in 
                commerce, or disposal, or any combination of those 
                activities, with the form and content of the warnings 
                and instructions to be prescribed by the Administrator.
                    ``(B) A requirement that manufacturers and 
                processors of the chemical substance or a mixture or 
                article containing the substance--
                            ``(i) make and retain records of the 
                        processes used to manufacture or process the 
                        chemical substance;
                            ``(ii) describe and apply the relevant 
                        quality control procedures followed in the 
                        manufacturing or processing of the substance; 
                        and
                            ``(iii) monitor or conduct tests which are 
                        reasonably necessary to assure compliance with 
                        the requirements of any rule under this 
                        subsection.
                    ``(C) A restriction on the quantity of the chemical 
                substance or a mixture or article containing the 
                substance that may be manufactured, processed, or 
                distributed in commerce.
                    ``(D) A requirement to ban or phase out or other 
                regulation on the manufacture, processing, distribution 
                in commerce, use, or disposal of the chemical substance 
                or a mixture or article containing the substance--
                            ``(i) for a particular use;
                            ``(ii) for a particular use at a 
                        concentration in excess of a level specified by 
                        the Administrator; or
                            ``(iii) for all uses.
                    ``(E) A restriction on the quantity of the chemical 
                substance or mixture or article containing the 
                substance that may be manufactured, processed, or 
                distributed in commerce--
                            ``(i) for a particular use; or
                            ``(ii) for a particular use at a 
                        concentration in excess of a level specified by 
                        the Administrator.
                    ``(F) A requirement to restrict, ban, or phase out 
                or other regulation of any manner or method of 
                commercial use or environmental release of the chemical 
                substance or mixture or article containing the 
                substance.
                    ``(G) A requirement to restrict, ban, or phase out 
                or other regulation of any manner or method of disposal 
                of the chemical substance or any mixture or article 
                containing the chemical substance, by its manufacturer 
                or processor or by any person who uses, or disposes of 
                it, for commercial purposes, provided that such a 
                requirement may not require any person to take any 
                action that would be in violation of any law or 
                requirement of, or in effect for, a State or political 
                subdivision, and that such a requirement shall require 
                each person subject to the requirement to notify each 
                State and political subdivision in which a required 
                disposal may occur of such disposal.
                    ``(H) A requirement directing manufacturers or 
                processors of the chemical substance or mixture or 
                article containing the substance to give notice of 
                significant risks of harm (without taking into 
                consideration cost or other non-risk factors) to 
                distributors in commerce of the chemical substance and, 
                to the extent reasonably ascertainable, to other 
                persons in the chain of commerce in possession of the 
                chemical substance or mixture, and to give public 
                notice of such significant risks of harm.
            ``(5) Rule of construction.--The requirement, warning, or 
        instruction, under paragraph (4) does not establish a uniform 
        national standard for the purpose of supplanting, displacing, 
        or preempting State law.
            ``(6) Analysis for rulemaking.--
                    ``(A) In general.--Where the Administrator 
                determines that a rule under paragraph (1) is likely to 
                have an annual effect on the economy of more than 
                $100,000,000, then when deciding which restrictions to 
                impose under paragraph (3) as part of developing a rule 
                under paragraph (1) to ensure that a chemical substance 
                meets the safety standard, the Administrator shall 
                consider, to the extent practicable based on reasonably 
                available information, the quantifiable and non-
                quantifiable costs and benefits of the proposed 
                regulatory action and of the primary alternative 
                regulatory action or actions that the Administrator 
                determines will ensure that the substance meets the 
                safety standard. As part of the analysis, the 
                Administrator shall review such technically and 
                economically feasible alternative or alternatives to 
                the chemical substance that the Administrator 
                determines are relevant to the rulemaking.
                    ``(B) Public disclosure of analysis.--When 
                proposing a rule under paragraph (1), the Administrator 
                shall make publicly available any analysis conducted 
                under subparagraph (A).
                    ``(C) Consideration of analysis.--When making final 
                a rule under paragraph (1), the Administrator shall 
                include a statement describing how the analysis 
                considered under subparagraph (A) was taken into 
                account.
            ``(7) Exemptions.--
                    ``(A) In general.--The Administrator, as part of a 
                rulemaking under this subsection--
                            ``(i) may exempt a use of a chemical 
                        substance from any restriction in a rule 
                        promulgated under paragraph (1) if the 
                        Administrator determines, based on reasonably 
                        available information, that the rule cannot be 
                        complied with without--
                                    ``(I) harming national security;
                                    ``(II) causing significant 
                                disruption in the national economy due 
                                to the lack of availability of a 
                                chemical substance for the exempted 
                                use; or
                                    ``(III) interfering with a critical 
                                or essential use for which no 
                                technically and economically feasible 
                                safer alternative is available, 
                                considering hazard and exposure; and
                            ``(ii) may exempt a particular use of a 
                        chemical substance from a restriction in a rule 
                        issued under paragraph (1) if available 
                        information demonstrates that the risks to 
                        health or the environment from continued use of 
                        the substance are substantially lower than the 
                        risks to health or the environment of replacing 
                        that use of the substance with reasonably 
                        available alternatives.
                    ``(B) Exemption analysis.--When proposing a rule 
                under paragraph (1) that includes an exemption under 
                this paragraph, the Administrator shall make publicly 
                available any analysis conducted under this paragraph 
                to assess the need for such exemption.
                    ``(C) Consideration of analysis.--When making final 
                a rule under paragraph (1) that includes an exemption 
                under this paragraph, the Administrator shall include a 
                statement describing how the analysis was taken into 
                account.
                    ``(D) Conditions.--As part of a rule issued under 
                paragraph (1), the Administrator shall include 
                conditions in any exemption established under this 
                paragraph, including reasonable recordkeeping, 
                monitoring, and reporting requirements, to the extent 
                that the Administrator determines the conditions are 
                necessary to protect human health and the environment 
                while achieving the purposes of the exemption.
                    ``(E) Duration.--
                            ``(i) In general.--The Administrator shall, 
                        as part of a rule under paragraph (1) that 
                        contains an exemption under this paragraph, set 
                        a time limit on any exemption not to exceed 5 
                        years.
                            ``(ii) Extension.--The Administrator may, 
                        by rule, extend, modify, or eliminate the 
                        exemption when the Administrator determines, on 
                        the basis of reasonably available information 
                        and after adequate public justification, the 
                        exemption warrants extension or is no longer 
                        necessary.
                            ``(iii) Consideration for extension.--The 
                        Administrator shall issue exemptions and 
                        establish time periods under this subparagraph 
                        by considering factors determined by the 
                        Administrator as relevant to the goals of 
                        fostering innovation and the development of 
                        alternatives that meet the safety standard.
                            ``(iv) Exception for rule requiring ban or 
                        phase out.--Any renewal of an exemption in the 
                        case of a rule requiring the ban or phase out 
                        of a chemical substance shall not exceed 5 
                        years.
    ``(e) Immediate Effect.--The Administrator may declare a proposed 
rule under subsection (d) of this section to be effective upon 
publication of the proposed rule in the Federal Register and until the 
effective date of a final action taken respecting such rule if--
            ``(1) the Administrator determines that--
                    ``(A) the manufacture, processing, distribution in 
                commerce, use, or disposal of the chemical substance or 
                mixture subject to such proposed rule or any 
                combination of such activities is likely to result in a 
                significant risk of serious or widespread injury 
                (without taking into consideration cost or other non-
                risk factors) to health or the environment before such 
                effective date; and
                    ``(B) making the proposed rule effective is 
                necessary to protect the public interest; and
            ``(2) in the case of a proposed rule to prohibit the 
        manufacture, processing, or distribution of a chemical 
        substance or mixture because of the risk determined under 
        paragraph (1)(A), a court has in an action under section 7 of 
        this title granted relief with respect to the risk associated 
        with the substance or mixture.
    ``(f) Expedited Action on PBTs.--
            ``(1) List of pbts.--In addition to carrying out section 
        4A, not later than 180 days after the date of enactment of the 
        Alan Reinstein and Trevor Schaefer Toxic Chemical Protection 
        Act, the Administrator shall publish a list of chemical 
        substances that the Administrator determines are persistent, 
        bio-accumulative, and toxic and have the potential for high or 
        widespread exposure (referred to in this subsection as `PBTs').
            ``(2) Use and exposure assessment.--
                    ``(A) In general.--Not later than 60 days after 
                publishing the PBT list required under paragraph (1), 
                the Administrator shall require by order the submission 
                by manufacturers or processors of chemical substances 
                included in the list of any additional information the 
                Administrator determines to be necessary to conduct an 
                expedited assessment of the intended, known, or 
                reasonably foreseeable uses of, and exposures to, such 
                chemical substances.
                    ``(B) Publication.--Not later than 1 year after 
                receiving the information which manufacturers and 
                processors are required to submit under subparagraph 
                (A), the Administrator shall complete and publish an 
                identification and assessment of the intended or 
                reasonably foreseeable conditions of use of, and 
                exposures to, substances on the PBT list.
            ``(3) Exposure reduction.--
                    ``(A) Rule.--As soon as practicable, but not later 
                than 2 years after the date on which the Administrator 
                completes the use and exposure assessment required 
                under paragraph (2), the Administrator shall impose, by 
                rule, restrictions that the Administrator determines to 
                be necessary to achieve the maximum practicable 
                reduction in human or environmental exposure to 
                chemical substances included in the PBT list.
                    ``(B) Contents of rules.--A rule promulgated under 
                subparagraph (A) may include any of the restrictions on 
                manufacturing, processing, use, distribution in 
                commerce, and disposal described in subsection (d)(4) 
                which the Administrator determines are necessary to 
                achieve maximum practicable reduction in exposure to 
                the listed PBT substance.
                    ``(C) Effective date.--A rule promulgated under 
                subparagraph (A) shall include an effective date in 
                accordance with subsection (d)(2)(B) and may be made 
                effective upon publication of a proposed rule in 
                accordance with subsection (f).
            ``(4) Exemptions.--
                    ``(A) Scope and basis.--A rule imposing a 
                restriction on a listed PBT substance in accordance 
                with subparagraph (3) may exempt a use of the substance 
                from such restriction upon a showing satisfactory to 
                the Administrator that the use meets the exemption 
                criteria in subsection (d)(7).
                    ``(B) Conditions.--The Administrator shall include 
                conditions in any exemption established under this 
                paragraph, including reasonable recordkeeping, 
                monitoring, and reporting requirements, to the extent 
                necessary to protect health or the environment while 
                achieving the purposes of the exemption.
                    ``(C) Duration.--An exemption established under 
                this paragraph shall be in effect for a period 
                determined by the Administrator but not to exceed 5 
                years and, after public notice and an opportunity for 
                comment, may be renewed by the Administrator for 1 or 
                more periods not exceeding a total of 5 years by order 
                following submission of an application justifying the 
                continuing need for the exemption and containing such 
                information as the Administrator may require.
    ``(g) Report on Public Buildings.--Not later than 6 months after 
the date of enactment of the Alan Reinstein and Trevor Schaefer Toxic 
Chemical Protection Act, the Administrator shall submit to Congress a 
report on how data on exposure in public buildings will be gathered to 
carry out subsection (f) and on what testing is necessary to protect 
the public from exposures to chemical substances identified under 
subsection (f) in public buildings.
    ``(h) Final Agency Action.--Under this section--
            ``(1) a safety determination, together with the associated 
        safety assessment, for a substance that the Administrator 
        determines under subsection (c) meets the safety standard, 
        shall be considered to be a final agency action on the date of 
        the final safety determination; and
            ``(2) a final rule promulgated under subsection (d), 
        together with the associated safety assessment and safety 
        determination that a substance does not meet the safety 
        standard, shall be considered to be final agency action on the 
        date of promulgation of the final rule.'';
            (5) by redesignating subsections (e) and (f) as subsections 
        (i) and (j), respectively; and
            (6) in subsection (i) (as so redesignated)--
                    (A) by striking paragraph (4); and
                    (B) by redesignating paragraph (5) as paragraph 
                (4); and
            (7) by inserting after subsection (j) (as so redesignated) 
        the following:
    ``(k) Prior Actions.--Nothing in this section shall be construed as 
requiring the Administrator to modify or withdraw any rule or order 
promulgated under section 6 of this title promulgated prior to the 
enactment of the Alan Reinstein and Trevor Schaefer Toxic Chemical 
Protection Act.''.
    ``(l) Asbestos.--
            ``(1) Listing.--The Administrator shall include all forms 
        of asbestos as 1 high-priority chemical substance under section 
        4A(a)(2) in accordance with section 4A(a)(4).
            ``(2) Schedule.--Notwithstanding paragraphs (3), (4) and 
        (5) of subsection (a), the Administrator shall--
                    ``(A) complete a safety assessment and safety 
                determination of all forms of asbestos not later than 2 
                years after the date of enactment of the Alan Reinstein 
                and Trevor Schaefer Toxic Chemical Protection Act; and
                    ``(B) promulgate a final rule not later than 3 
                years after the date of enactment of that Act.''.

SEC. 108. IMMINENT HAZARDS.

    Section 7 (15 U.S.C. 2606) is amended--
            (1) by striking subsection (a) and inserting the following:
    ``(a) Civil Actions.--
            ``(1) In general.--The Administrator may commence a civil 
        action in an appropriate district court of the United States 
        for--
                    ``(A) seizure of an imminently hazardous chemical 
                substance or mixture or any article containing the 
                substance or mixture;
                    ``(B) relief (as authorized by subsection (b)) 
                against any person who manufactures, processes, 
                distributes in commerce, uses, or disposes of an 
                imminently hazardous chemical substance or mixture or 
                any article containing the substance or mixture; or
                    ``(C) both seizure described in subparagraph (A) 
                and relief described in subparagraph (B).
            ``(2) Rule, order, or other proceeding.--A civil action may 
        be commenced under this subsection notwithstanding--
                    ``(A) the existence of--
                            ``(i) a decision by the Administrator under 
                        section 4, 5(c)(6), 6(c)(2) or 6(h); or
                            ``(ii) a rule, testing consent agreement, 
                        or order under section 4(d), 5(c)(4), 6(d), or 
                        title IV; or
                    ``(B) the pendency of any administrative or 
                judicial proceeding under any provision of this Act.'';
            (2) in subsection (b)(1), by striking ``unreasonable'';
            (3) in subsection (d), by striking ``section 6(a)'' and 
        inserting ``section 6(d)''; and
            (4) in subsection (f), in the first sentence, by striking 
        ``and unreasonable''.

SEC. 109. INFORMATION COLLECTION AND REPORTING.

    Section 8 (15 U.S.C. 2607) is amended--
            (1) in subsection (a), by adding at the end the following:
            ``(4) Regulations.--
                    ``(A) Deadline.--
                            ``(i) In general.--Not later than 2 years 
                        after the date of enactment of the Alan 
                        Reinstein and Trevor Schaefer Toxic Chemical 
                        Protection Act, the Administrator shall 
                        promulgate rules requiring the maintenance of 
                        records and the reporting of information known 
                        by, or reasonably ascertainable by, the person 
                        making the report, including rules requiring 
                        processors to report information, so that the 
                        Administrator has the information necessary to 
                        carry out sections 4 and 6.
                            ``(ii) Prior regulations.--In carrying out 
                        this subparagraph, the Administrator may 
                        modify, as appropriate, the regulations 
                        promulgated prior to the date of enactment of 
                        the Alan Reinstein and Trevor Schaefer Toxic 
                        Chemical Protection Act.
                    ``(B) Contents.--The rules promulgated under 
                subparagraph (A)--
                            ``(i) may impose different reporting and 
                        record retention requirements on manufacturers 
                        and processors;
                            ``(ii) shall include the level of detail 
                        necessary to be reported, including the manner 
                        by which use and exposure information may be 
                        reported; and
                            ``(iii) shall require reporting of 
                        information or maintenance of records where the 
                        Administrator determines the submission of 
                        reports would assist in the effective 
                        implementation of this Act.
                    ``(C) Administration.--In implementing this 
                paragraph, the Administrator shall take measures to--
                            ``(i) limit the potential for duplication 
                        in reporting requirements;
                            ``(ii) minimize the impact of the rules on 
                        small manufacturers and processors; and
                            ``(iii) apply any reporting requirements to 
                        those persons likely to have information 
                        relevant to the effective implementation of 
                        this title.
            ``(5) Guidance.--The Administrator shall develop guidance 
        relating to the information required to be reported under a 
        rule promulgated under this subsection.'';
            (2) in subsection (b), by adding at the end the following:
            ``(3) Chemical substances in commerce.--
                    ``(A) Rule.--
                            ``(i) In general.--Not later than 1 year 
                        after the date of enactment of the Alan 
                        Reinstein and Trevor Schaefer Toxic Chemical 
                        Protection Act, the Administrator shall by rule 
                        require manufacturers and processors to notify 
                        the Administrator, not later than 180 days 
                        after the date of promulgation of the rule, 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 prior to the date of 
                        enactment of the Alan Reinstein and Trevor 
                        Schaefer Toxic Chemical Protection Act.
                            ``(ii) Consideration as active substance.--
                        The Administrator shall consider chemical 
                        substances for which notices are received under 
                        clause (i) to be active substances and shall, 
                        pursuant to paragraph (4)(C), designate the 
                        chemical substance as an active substance on 
                        the list published under paragraph (1).
                    ``(B) Confidential chemical substances.--
                            ``(i) In general.--The Administrator shall 
                        maintain the list under paragraph (1), which 
                        shall include a confidential portion and a 
                        nonconfidential portion consistent with this 
                        section and section 14.
                            ``(ii) Existing claim of confidentiality.--
                        The rule promulgated under subparagraph (A) 
                        shall require a manufacturer or processor that 
                        is submitting a notice pursuant to subparagraph 
                        (A) for a chemical substance on the 
                        confidential portion of the list published 
                        under paragraph (1) to indicate in the notice 
                        whether the manufacturer or processor seeks to 
                        maintain any existing claim for protection 
                        against disclosure of the specific identity of 
                        the substance as confidential pursuant to 
                        section 14.
                            ``(iii) Substantiation.--The rule 
                        promulgated under subparagraph (A) shall 
                        require the substantiation of a claim described 
                        in clause (ii) pursuant to section 14 and in 
                        accordance with the review plan described in 
                        subparagraph (C).
                    ``(C) Review plan and requirements.--
                            ``(i) In general.--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 develop a plan to review all claims to 
                        protect the specific identity of a chemical 
                        substance on the confidential portion of the 
                        list published under paragraph (1) that is 
                        identified as an active substance in a report 
                        submitted pursuant to subparagraph (A) or 
                        identified as active substances under paragraph 
                        (4)(A).
                            ``(ii) Contents.--The plan shall describe 
                        how the Administrator will carry out the 
                        requirements of this subparagraph.
                            ``(iii) Requirements.--The Administrator 
                        shall--
                                    ``(I) require, at a time determined 
                                by the Administrator, all manufacturers 
                                or processors asserting a claim under 
                                subparagraph (B) to substantiate each 
                                such claim unless the manufacturer or 
                                processor has substantiated the claim 
                                in a submission made to the 
                                Administrator within 5 years of the 
                                date of the Administrator's request;
                                    ``(II) in accordance with the 
                                requirements of section 14--
                                            ``(aa) review each 
                                        substantiation--

                                                    ``(AA) submitted 
                                                pursuant to subclause 
                                                (I) to determine if the 
                                                claim warrants 
                                                protection from 
                                                disclosure; and

                                                    ``(BB) submitted 
                                                previously by a 
                                                manufacturer or 
                                                processor and relied on 
                                                in lieu of the 
                                                substantiation required 
                                                pursuant to subclause 
                                                (I), if such 
                                                substantiation has not 
                                                been previously 
                                                reviewed by the 
                                                Administrator, to 
                                                determine if the claim 
                                                warrants protection 
                                                from disclosure;

                                            ``(bb) approve, modify or 
                                        deny each claim; and
                                            ``(cc) 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--

                                                    ``(AA) prior to the 
                                                expiration of the 
                                                period, the person 
                                                notifies the 
                                                Administrator that the 
                                                person is withdrawing 
                                                the confidentiality 
                                                claim, in which case, 
                                                the Administrator shall 
                                                promptly make the 
                                                information available 
                                                to the public; or

                                                    ``(BB) prior to the 
                                                expiration of the 
                                                period, the 
                                                Administrator otherwise 
                                                becomes aware that the 
                                                need for protection 
                                                from disclosure can no 
                                                longer be 
                                                substantiated, in which 
                                                case the Administrator 
                                                shall take the actions 
                                                described in subsection 
                                                (g)(2); and

                                    ``(III) encourage manufacturers and 
                                processors that have previously made 
                                claims to protect the specific 
                                identities of chemical substances 
                                identified as inactive pursuant to 
                                paragraph (4)(B) to review and either 
                                withdraw or substantiate such claims.
                    ``(D) Timeline for completion of reviews.--
                            ``(i) In general.--The Administrator shall 
                        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) Extension.--The Administrator may 
                        extend the deadline for completion of the 
                        reviews described in subparagraph (C) for up to 
                        a maximum of 2 additional years, after an 
                        adequate public justification, if the 
                        Administrator finds the extension is necessary 
                        based on the number of such claims needing 
                        review and the available resources.
                            ``(iii) Annual goal.--The Administrator 
                        shall publish an annual goal for the number of 
                        reviews to be completed over the course of 
                        implementation of the plan.
                    ``(E) No confidentiality for unlisted chemicals.--
                The specific identity of any chemical that is not on 
                the confidential portion of the list published under 
                paragraph (1) or subsequently added to the confidential 
                portion of the list pursuant to section 14 shall not be 
                eligible for protection from disclosure.
                    ``(F) Certification.--The Administrator shall 
                require a manufacturer or processor--
                            ``(i) to certify the accuracy of each 
                        report submitted or record maintained under 
                        this section; and
                            ``(ii) to retain documentation supporting 
                        certification under clause (i) for a period of 
                        5 years beginning on the last day of the 
                        submission period.
            ``(4) Active and inactive substances.--
                    ``(A) Active substances.--For the purposes of this 
                section, the term `active substance' means a chemical 
                substance that--
                            ``(i) has been manufactured or processed 
                        for a nonexempt commercial purpose at any point 
                        during the 10-year period prior to the date of 
                        enactment of the Alan Reinstein and Trevor 
                        Schaefer Toxic Chemical Protection Act; or
                            ``(ii) that is added to the list published 
                        under paragraph (1) after the date of enactment 
                        of the Alan Reinstein and Trevor Schaefer Toxic 
                        Chemical Protection Act.
                    ``(B) Inactive substances.--For purposes of this 
                section, the term `inactive substance' means a chemical 
                substance on the list published under paragraph (1) 
                that does not meet any of the criteria in subparagraph 
                (A).
                    ``(C) List of designations.--The Administrator 
                shall maintain and keep current designations of active 
                and inactive substances on the list published under 
                paragraph (1).
                    ``(D) Update.--The Administrator shall update the 
                list of chemicals designated as active as soon as 
                practicable following the publication of the most 
                recent data reported under part 711 of title 40, Code 
                of Federal Regulations, and the rule promulgated under 
                subsection (a)(4).
                    ``(E) Change to active status.--
                            ``(i) In general.--Any person who intends 
                        to manufacture or process for a nonexempt 
                        commercial purpose a chemical substance that is 
                        designated as an inactive substance shall 
                        notify the Administrator not less than 90 days 
                        before the date on which the substance is 
                        manufactured or processed.
                            ``(ii) Confidential chemical identity 
                        claims.--
                                    ``(I) In general.--If a person 
                                submitting a notice under clause (i) 
                                for an inactive chemical 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 identity of the substance as 
                                confidential, the person shall--
                                            ``(aa) in the notice 
                                        submitted under clause (i), 
                                        assert the claim; and
                                            ``(bb) substantiate the 
                                        claim.
                                    ``(II) No confidentiality for 
                                unlisted chemicals.--The specific 
                                identity of any inactive chemical that 
                                is not on the confidential portion of 
                                the list published under paragraph (1) 
                                or subsequently added to the 
                                confidential portion of the list 
                                pursuant to section 14 shall not be 
                                eligible for protection from 
                                disclosure.
                            ``(iii) Active status.--After receiving 
                        notification under clause (i), the 
                        Administrator shall--
                                    ``(I) designate the 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 
                                identity of the substance and approve, 
                                modify, or deny the claim;
                                    ``(III) except as provided in this 
                                section and section 14, protect from 
                                disclosure information for which the 
                                Administrator approves a claim under 
                                subclause (II) for a period of 10 years 
                                unless--
                                            ``(aa) prior to the 
                                        expiration of the 10-year 
                                        period, the person notifies the 
                                        Administrator that the person 
                                        is withdrawing the 
                                        confidentiality claim, in which 
                                        case, the Administrator shall 
                                        promptly make the information 
                                        available to the public; or
                                            ``(bb) prior to the 
                                        expiration of the 10-year 
                                        period, the Administrator 
                                        otherwise becomes aware that 
                                        the need for protection from 
                                        disclosure can no longer be 
                                        substantiated, in which case 
                                        the Administrator shall take 
                                        the actions described in 
                                        subsection (g)(2); and
                                    ``(IV) pursuant to section 4A, 
                                review the priority of the chemical 
                                substance as the Administrator 
                                determines necessary.
                    ``(F) Category status.--The list of inactive 
                chemical substances shall not be considered a category 
                for purposes of section 26(c).
            ``(5) Interim list of active substances.--Prior to the 
        promulgation of the rule required under this subsection, the 
        Administrator shall designate those substances reported under 
        part 711 of title 40, Code of Federal Regulations, during the 
        reporting period that most closely preceded the date of 
        enactment of the Alan Reinstein and Trevor Schaefer Toxic 
        Chemical Protection Act, as the initial list of active 
        substances for the purposes of section 4A.
            ``(6) Public participation.--The Administrator shall make 
        available to the public--
                    ``(A) the specific identity of each chemical 
                substance on the nonconfidential portion of the list 
                published under paragraph (1) that the Administrator 
                has designated as an active substance;
                    ``(B) the specific identity of each chemical 
                substance on the nonconfidential portion of the list 
                published under paragraph (1) that the Administrator 
                has designated as an inactive substance;
                    ``(C) the 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 approved by the 
                Administrator pursuant to section 14;
                    ``(D) subject to section 14, the specific identity 
                of any active substance--
                            ``(i) for which no claim of protection 
                        against disclosure of the specific identity 
                        pursuant to this subsection was received;
                            ``(ii) for which a claim for protection 
                        against disclosure of the specific identity of 
                        the substance has been denied by the 
                        Administrator; or
                            ``(iii) for which the time period for 
                        protection against disclosure of the specific 
                        identity of the substance has expired; and
                    ``(E) any substance previously classified as an 
                inactive substance that has been reclassified as an 
                active substance.''; and
            (3) in subsection (e)--
                    (A) by striking ``Any person'' and inserting the 
                following:
            ``(1) In general.--Any person''; and
                    (B) by adding at the end the following:
            ``(2) Applicability.--Any person may submit to the 
        Administrator information reasonably supporting the conclusion 
        that a chemical substance or mixture presents, will present, or 
        does not present a substantial risk of injury to health and the 
        environment.''.

SEC. 110. RELATIONSHIP TO OTHER FEDERAL LAWS.

    Section 9 (15 U.S.C. 2608) is amended--
            (1) in subsection (a)--
                    (A) in the first sentence of paragraph (1)--
                            (i) by striking ``presents or will present 
                        an unreasonable risk to health or the 
                        environment'' and inserting ``does not meet the 
                        safety standard''; and
                            (ii) by striking ``such risk'' the first 
                        place it appears and inserting ``the risk posed 
                        by the substance or mixture'';
                    (B) in paragraph (2), in the matter following 
                subparagraph (B), by striking ``section 6 or 7'' and 
                inserting ``subsections (b) or (c) of section 6, or 
                section 7''; and
                    (C) in paragraph (3), by striking ``section 6 or 
                7'' and inserting ``section 6(d) or section 7''; and
            (2) in subsection (d), in the first sentence, by striking 
        ``Health, Education, and Welfare'' and inserting ``Health and 
        Human Services''.

SEC. 111. RESEARCH, DEVELOPMENT, COLLECTION, DISSEMINATION, AND 
              UTILIZATION OF DATA.

    Section 10 (15 U.S.C. 2609) is amended by striking ``Health, 
Education, and Welfare'' each place it appears and inserting ``Health 
and Human Services''.

SEC. 112. EXPORTS.

    Section 12 (15 U.S.C. 2611) is amended--
            (1) in subsection (a), by striking paragraph (2) and 
        inserting the following:
            ``(2) Exception.--Paragraph (1) shall not apply to any 
        chemical substance, mixture, or article that the Administrator 
        determines--
                    ``(A) under section 5 is not likely to meet the 
                safety standard; or
                    ``(B) under section 6 does not meet the safety 
                standard.
            ``(3) Waivers.--For a mixture or article containing a 
        chemical substance described in paragraph (2), the 
        Administrator may--
                    ``(A) determine that paragraph (1) shall not apply 
                to the mixture or article if the Administrator finds 
                that the chemical substance as contained in the mixture 
                or article will meet the safety standard; and
                    ``(B) establish a threshold concentration of the 
                chemical substance in a mixture or article at which 
                paragraph (1) shall not apply if the Administrator 
                finds that at or below this concentration the substance 
                as contained in the article or mixture will meet the 
                safety standard.
            ``(4) Testing.--The Administrator may require testing under 
        section 4 of any chemical substance or mixture exempted from 
        this Act by paragraph (1) for the purpose of determining 
        whether or not the substance or mixture meets the safety 
        standard within the United States.'';
            (2) by striking subsection (b) and inserting the following:
    ``(b) Notice.--
            ``(1) In general.--A person shall notify the Administrator 
        that the person is exporting or intends to export to a foreign 
        country--
                    ``(A) a chemical substance or a mixture containing 
                a chemical substance that the Administrator has 
                determined under section 5 is not likely to meet the 
                safety standard and for which a notification, 
                prohibition, or restriction has been proposed or 
                established under that section;
                    ``(B) a chemical substance or a mixture containing 
                a chemical substance that the Administrator has 
                determined under section 6 does not meet the safety 
                standard and for which a notification, prohibition, or 
                restriction has been proposed or established under that 
                section;
                    ``(C) a chemical substance for which the United 
                States is obligated by treaty to provide export 
                notification;
                    ``(D) a chemical substance or mixture subject to a 
                prohibition or restriction pursuant to a rule, order, 
                or consent agreement in effect under this Act;
                    ``(E) a chemical substance or mixture for which the 
                submission of information is required under section 4; 
                or
                    ``(F) a chemical substance or mixture containing a 
                chemical substance with respect to which an action is 
                pending, or relief has been granted under section 7.
            ``(2) Regulations.--
                    ``(A) In general.--The Administrator shall 
                promulgate regulations to carry out paragraph (1).
                    ``(B) Contents.--The regulations promulgated under 
                subparagraph (A) shall include any exemptions the 
                Administrator determines to be appropriate, which may 
                include exemptions identified under section 5(g).
            ``(3) Notification.--The Administrator shall submit to the 
        government of each country to which a chemical substance or 
        mixture is exported--
                    ``(A) for a chemical substance or mixture described 
                in paragraph (1)(E), a notice of availability of the 
                information on the chemical substance or mixture 
                submitted to the Administrator;
                    ``(B) for a chemical substance or mixture described 
                in subparagraph (A), (B) or (D) of paragraph (1), a 
                notice of the determination, rule, order, consent 
                agreement, requirement, designation, action, or relief; 
                and
                    ``(C) for a chemical substance described in 
                paragraph (1)(C), a notice that satisfies the 
                obligation of the United States under the applicable 
                treaty.''; and
            (3) in subsection (c)--
                    (A) by striking paragraph (3); and
                    (B) by redesignating paragraphs (4) through (6) as 
                paragraphs (3) through (5), respectively.

SEC. 113. IMPORTS.

    Section 13 (15 U.S.C. 2612) is amended to read as follows:

``SEC. 13. IMPORTS.

    ``(a) Refusal of Entry.--
            ``(1) In general.--The Secretary of Homeland Security shall 
        refuse entry into the customs territory of the United States 
        (as defined in general note 2 to the Harmonized Tariff Schedule 
        of the United States) any chemical substance, mixture, or 
        article containing a chemical substance or mixture offered for 
        entry if--
                    ``(A) the Administrator--
                            ``(i) has determined under section 6(c) 
                        that the chemical substance, mixture or article 
                        does not meet the safety standard; and
                            ``(ii) has promulgated a rule under section 
                        6(d) banning the chemical substance, mixture, 
                        or article, as of the effective date of the 
                        rule;
                    ``(B) the chemical substance--
                            ``(i) is not included on the list under 
                        section 8(b)(1); and
                            ``(ii) is not exempt from any requirement 
                        to be included on the list under section 
                        8(b)(1) by this title or a rule issued by the 
                        Administrator under this title; or
                    ``(C) the chemical substance, mixture, or any 
                article containing the chemical substance or mixture 
                fails to comply with any requirement in effect under 
                this Act or is offered for entry in violation of a 
                rule, consent agreement, or order in effect under this 
                Act or an order issued in a civil action brought under 
                section 7 or title IV.
            ``(2) Procedure.--
                    ``(A) In general.--Subject to subparagraph (B), if 
                a chemical substance, mixture, or article containing a 
                chemical substance or mixture is refused entry under 
                paragraph (1), the Secretary of Homeland Security--
                            ``(i) shall notify the consignee of the 
                        entry of the refusal;
                            ``(ii) shall not release the chemical 
                        substance or mixture to the consignee; and
                            ``(iii) shall cause the disposal or storage 
                        of the chemical substance or mixture under such 
                        rules as the Secretary may prescribe, if the 
                        chemical substance or mixture has not been 
                        exported by the consignee in the 90-day period 
                        beginning on the date of receipt of the notice 
                        of the refused entry.
                    ``(B) Exception.--
                            ``(i) In general.--The Secretary of 
                        Homeland Security may, pending a review by the 
                        Administrator, release to the consignee the 
                        chemical substance or mixture if the 
                        consignee--
                                    ``(I) executes a bond for the 
                                amount of the full invoice of the 
                                chemical substance or mixture (as set 
                                forth in the customs entry); and
                                    ``(II) pays a duty on the chemical 
                                substance or mixture.
                            ``(ii) Administration.--If a consignee 
                        fails to return a chemical substance or mixture 
                        released to that consignee under clause (i) for 
                        any cause to the custody of the Secretary of 
                        Homeland Security when demanded, the consignee 
                        shall be liable to the United States for 
                        liquidated damages equal to the full amount of 
                        the bond.
                    ``(C) Storage.--All charges for storage, cartage, 
                and labor on and for the disposal of a chemical 
                substance or mixture that is refused entry or released 
                under this subsection shall be paid by the owner or 
                consignee, and a default on that payment shall 
                constitute a lien against any future entry made by the 
                owner or consignee.
    ``(b) Certification.--
            ``(1) In general.--A person offering a chemical substance 
        or mixture subject to this Act for entry into the customs 
        territory of the United States shall certify to the Secretary 
        of Homeland Security that the chemical substance or mixture is 
        in compliance with any applicable rule, consent agreement, or 
        order under section 5 or 6, and that the chemical substance--
                    ``(A) is included on the list under section 
                8(b)(1); or
                    ``(B) is exempt from any requirement to be included 
                on the list under section 8(b)(1) by this title or a 
                rule issued by the Administrator under this title.
            ``(2) Articles.--The Administrator may, by rule, require 
        certification under paragraph (1) for an article containing a 
        chemical substance or mixture that is subject to regulation 
        under section 5 or 6.
            ``(3) Content of certification rule.--In determining the 
        need for and content of a certification rule under this 
        subsection, the Administrator may consider--
                    ``(A) the utility of such certification to the 
                enforcement of the applicable rule, consent agreement, 
                or order under section 5 or 6;
                    ``(B) the frequency of the certification 
                requirement; and
                    ``(C) if applicable, specification of the 
                concentration of a chemical substance in an article 
                that would subject the article to the certification 
                requirement.
            ``(4) Public information.--For purposes of this section, 
        the Administrator shall provide publicly accessible information 
        on the identity of a chemical substance or mixture subject to 
        regulation under this Act that would be readily understood in 
        import transactions.
    ``(c) Notice.--A person offering a chemical substance for entry 
into the customs territory of the United States shall notify the 
Secretary of Homeland Security if--
            ``(1) the chemical substance or chemical substance in a 
        mixture is a high-priority substance;
            ``(2) the chemical substance or chemical substance in a 
        mixture is one for which the United States is obligated to 
        provide export notification by treaty; or
            ``(3) the chemical substance or chemical substance in a 
        mixture is the subject of a safety assessment and safety 
        determination conducted pursuant to section 6(d) and has been 
        found not to meet the safety standard.
    ``(d) Rules.--
            ``(1) In general.--The Secretary of Homeland Security, 
        after consultation with the Administrator, shall issue rules 
        for the administration of this section.
            ``(2) Content.--A rule issued under paragraph (1) may 
        tailor the application of any requirement in this section, as 
        appropriate for the efficient and effective implementation of 
        this Act.''.

SEC. 114. CONFIDENTIAL INFORMATION.

    Section 14 (15 U.S.C. 2613) is amended--
            (1) by striking the heading ``disclosure of data'' and 
        inserting ``confidential information'';
            (2) by striking subsection (c) and redesignating subsection 
        (b) as subsection (c);
            (3) by striking subsection (a) and inserting the following:

``SEC. 14. CONFIDENTIAL INFORMATION.

    ``(a) In General.--Except as otherwise provided in this section, 
the Administrator shall not disclose information that is exempt from 
disclosure pursuant to section 552 of title 5, United States Code, 
under 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 (d) are met.
    ``(b) Information Generally Protected From Disclosure.--
            ``(1) In general.--The information described in paragraph 
        (2) specific to and submitted by a manufacturer, processor, or 
        distributor that meets the requirements of subsection (d) shall 
        be protected from disclosure, except that--
                    ``(A) such information may be disclosed in 
                accordance with subsection (e);
                    ``(B) such information is subject to the review and 
                substantiation requirements in subsection (f)(2); and
                    ``(C) nothing in this Act shall operate to prohibit 
                the disclosure of such information through discovery, 
                subpoena, other court orders, or any other judicial 
                process otherwise allowed under applicable State or 
                Federal laws.
            ``(2) Protected information.--Information subject to 
        paragraph (1) shall include--
                    ``(A) specific information describing the processes 
                used in manufacture or processing of a chemical 
                substance, mixture, or article;
                    ``(B) marketing and sales plans and strategies;
                    ``(C) information identifying suppliers or 
                customers;
                    ``(D) the percentages of the components of a 
                mixture;
                    ``(E) specific information about the use, function, 
                or application of a chemical substance or mixture in a 
                process, mixture, or product;
                    ``(F) specific production or import volumes of the 
                manufacturer, and specific aggregated volumes across 
                manufacturers if the Administrator determines that 
                disclosure of the specific aggregated volumes would 
                reveal confidential information; and
                    ``(G) except as otherwise provided in this section, 
                the specific identity of a chemical substance prior to 
                the date on which it was included on the list under 
                section 8(b)(1), including the chemical name, molecular 
                formula, Chemical Abstracts Service number, and other 
                information that would identify a specific chemical 
                substance, if--
                            ``(i) the specific identity was claimed as 
                        confidential information at the time it was 
                        submitted to the Administrator in a notice 
                        under section 5;
                            ``(ii) the claim has not subsequently been 
                        withdrawn or found by the Administrator not to 
                        warrant protection as confidential information 
                        under subsection (e), (f)(2), or (g); and
                            ``(iii) the substance is not an active 
                        substance under section 8(b)(4) of this Act.'';
            (4) by striking the heading ``Data From Health and Safety 
        Studies'' in subsection (c) (as so redesignated) and inserting 
        ``Information Not Protected From Disclosure.--Notwithstanding 
        subsections (a) and (b), the following information shall not be 
        protected from disclosure:'';
            (5) by inserting at the end of subsection (c) (as so 
        redesignated) the following:
            ``(3) Other information not protected from disclosure.--
        Information shall not be protected from disclosure under this 
        section if it is--
                    ``(A) for information submitted after the date of 
                enactment of the Alan Reinstein and Trevor Schaefer 
                Toxic Chemical Protection Act, the specific identity of 
                a chemical substance as of the date on which it is 
                included on the list under section 8(b)(1), if the 
                person submitting the information does not meet the 
                requirements of subsection (d);
                    ``(B) a safety assessment developed or a safety 
                determination made under section 6;
                    ``(C) general information describing the 
                manufacturing volumes, expressed as specific aggregated 
                volumes or, when the Administrator determines that 
                disclosure of specific aggregated volumes would reveal 
                confidential information, expressed in ranges; or
                    ``(D) general descriptions of the processes used in 
                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 would be customarily shared 
                with the general public or within an industry or 
                industry sector.
            ``(4) Exception.--Information elements that are otherwise 
        eligible for protection under this section that are contained 
        in submissions of information described in paragraph (1) shall 
        be protected from disclosure if the submitter complies with 
        subsection (d), but information in such submissions described 
        in paragraph (1) that is not eligible for protection against 
        disclosure shall be disclosed.
            ``(5) No confidentiality for unlisted chemicals.--Except as 
        provided in the second sentence of paragraph (1), the specific 
        identity of any chemical that is not on the confidential 
        portion of the list published under section 8(b)(1) or 
        subsequently added to the confidential portion of the list 
        pursuant to this section shall not be eligible for protection 
        from disclosure.
            ``(6) Ban or phase-out.--If the Administrator promulgates a 
        rule pursuant to section 6(d) that establishes a ban or phase 
        out on the manufacture, processing, or distribution in commerce 
        of a chemical substance, any protection from disclosure 
        provided under section 14 applicable for information on the 
        chemical substance shall no longer apply and the Administrator 
        shall promptly make the information public.
    ``(d) Requirements for Confidentiality Claims.--
            ``(1) Assertion of claims.--
                    ``(A) In general.--A person seeking to protect any 
                information submitted under this Act from disclosure 
                (including information described in subsection (b)) 
                shall assert a claim for such protection to the 
                Administrator at the time of the submission of the 
                information, pursuant to rules applicable to a claim 
                for protection from disclosure that the Administrator 
                has promulgated under this title.
                    ``(B) Contents of claim.--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 in connection with 1 or more uses 
                        subject to this Act;
                            ``(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 otherwise 
                        publicly available or discoverable through 
                        reverse engineering.
                    ``(C) Specific chemical identity.--In the case of a 
                claim under subparagraph (A) for protection against 
                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 conditions 
                that--
                            ``(i) the generic name conforms with 
                        guidance prescribed by the Administrator under 
                        paragraph (3)(A); and
                            ``(ii) describes the chemical structure of 
                        the substance as specifically as possible while 
                        protecting those features of the chemical 
                        structure that are considered confidential and 
                        the disclosure of which would potentially harm 
                        the competitive position of the person.
            ``(2) Additional requirements for confidentiality claims.--
        Except for information described in subsection (b)(2), a person 
        asserting a claim to protect information from disclosure under 
        this Act shall, in accordance with the rules promulgated and 
        guidance issued by the Administrator, substantiate that the 
        information meets the requirements for protection pursuant to 
        section 552 of title 5, United States Code, under subsection 
        (b)(4) of that section.
            ``(3) Guidance.--The Administrator shall develop guidance 
        on--
                    ``(A) the determination of structurally descriptive 
                generic names, in the case of claims for the protection 
                against 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 (e).
            ``(4) Certification.--An authorized official of the person 
        described in paragraph (1)(A) shall certify that the statements 
        and information included in assertions and substantiations of 
        claims for protection submitted under this subsection are true 
        and correct.
    ``(e) Exceptions to Protection From Disclosure.--Information 
described in subsection (a) (including information subject to 
subsection (b)) shall be disclosed if--
            ``(1) the information is to be disclosed to an officer or 
        employee of the United States in connection with the official 
        duties of that person under any law for the protection of human 
        health or the environment or for specific law enforcement 
        purposes;
            ``(2) the information is to be disclosed to a contractor 
        with the United States and employees of that contractor if, in 
        the opinion of the Administrator, the disclosure is necessary 
        for the satisfactory performance by the contractor of a 
        contract with the United States for the performance of work in 
        connection with this Act and under such conditions as the 
        Administrator shall specify;
            ``(3) the Administrator determines that disclosure is 
        necessary to protect human health or the environment;
            ``(4) the information is to be disclosed to a State or 
        political subdivision of a State, on written request, for the 
        purpose of development, administration, or enforcement of a 
        law, if--
                    ``(A) 1 or more applicable agreements with the 
                Administrator that conform with the guidance issued 
                under subsection (d)(3)(B) ensure that the recipient 
                government will take appropriate steps, and has 
                adequate authority, to maintain the confidentiality of 
                the information in accordance with procedures 
                comparable to those which the Administrator uses to 
                safeguard the information; and
                    ``(B) the Administrator notifies the person who 
                submitted the information that the information has been 
                disclosed to a State or political subdivision of a 
                State;
            ``(5) a health or environmental professional employed by a 
        Federal or State agency or a treating physician or nurse in a 
        nonemergency situation provides a written statement of need and 
        agrees to sign a written confidentiality agreement with the 
        Administrator that conforms with the guidance issued under 
        subsection (d)(3)(B), subject to the conditions that--
                    ``(A) the written statement of need is a statement 
                that the person has a reasonable basis to suspect 
                that--
                            ``(i) the information is necessary for or 
                        will assist in diagnosis or treatment of 1 or 
                        more individuals or in responding to an 
                        environmental release or exposure; and
                            ``(ii) 1 or more individuals being 
                        diagnosed or treated have been exposed to the 
                        chemical substance concerned, or an 
                        environmental release or exposure has occurred; 
                        and
                    ``(B) the confidentiality agreement provides that 
                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 may otherwise be 
                authorized by the terms of the agreement or by the 
                person submitting the information to the Administrator, 
                except that nothing in this Act shall operate to 
                prohibit the disclosure of such information through 
                discovery, subpoena, and other court orders, or any 
                other judicial process otherwise allowed under 
                applicable State or Federal laws;
            ``(6) in the event of an emergency, a treating physician, 
        nurse, agent of a poison control center, public health or 
        environmental official of a State or political subdivision of a 
        State, or first responder requests the information, subject to 
        the conditions that--
                    ``(A) the treating physician, nurse, agent, public 
                health or environmental official of a State or a 
                political subdivision of a State, or first responder 
                has a reasonable basis to suspect that--
                            ``(i) a medical or public health or 
                        environmental emergency exists;
                            ``(ii) the information is necessary for or 
                        will assist in emergency or first-aid diagnosis 
                        or treatment; and
                            ``(iii) 1 or more individuals being 
                        diagnosed or treated have likely been exposed 
                        to the chemical substance concerned, or a 
                        serious environmental release of or exposure to 
                        the chemical substance concerned has occurred; 
                        and
                    ``(B) if requested by the person submitting the 
                information to the Administrator, the treating 
                physician, nurse, agent, public health or environmental 
                official of a State or a political subdivision of a 
                State, or first responder provides a written statement 
                of need and agrees to sign a confidentiality agreement 
                as described in paragraph (5); and
                    ``(C) the written confidentiality agreement or 
                statement of need is submitted as soon as practicable, 
                but not necessarily before the information is 
                disclosed;
            ``(7) 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 maximum extent practicable 
        without impairing the proceeding;
            ``(8) the information is to be disclosed, on written 
        request of any duly authorized committee of the Congress, to 
        that committee;
            ``(9) the information is publicly available; or
            ``(10) the information is required to be disclosed or 
        otherwise made public under any other Federal law.
    ``(f) Duration of Protection From Disclosure.--
            ``(1) In general.--
                    ``(A) Information protected from disclosure.--
                Subject to paragraph (2) and except as allowed under 
                subsection (e), the Administrator shall protect from 
                disclosure information that meets the requirements of 
                subsection (d) for a period of 10 years, unless--
                            ``(i) prior to the expiration of the 10-
                        year period, the person notifies the 
                        Administrator that the person is withdrawing 
                        the confidentiality claim, in which case, the 
                        Administrator shall promptly make the 
                        information available to the public;
                            ``(ii) prior to the expiration of the 10-
                        year period, the Administrator otherwise 
                        becomes aware that the need for protection from 
                        disclosure can no longer be substantiated, in 
                        which case the Administrator shall take the 
                        actions described in subsection (g)(2); or
                            ``(iii) the Administrator denies the claim 
                        under subsection (g)(1).
                    ``(B) Extensions.--
                            ``(i) In general.--Not less than 60 days 
                        prior to the expiration of the period described 
                        in subparagraph (A), the Administrator shall 
                        provide notice of the impending expiration of 
                        the period to the person who asserted the 
                        claim.
                            ``(ii) Submission to reassert a claim.--Not 
                        less than 30 days prior to expiration of the 
                        period described in subparagraph (A), the 
                        person reasserting the claim shall submit a 
                        statement substantiating, in accordance with 
                        subsection (d)(2), the need to extend the 
                        period.
                            ``(iii) Review.--Not later than 30 days of 
                        receipt of the statement described in clause 
                        (ii), the Administrator shall--
                                    ``(I) review the request and make a 
                                determination as to whether the 
                                information for which the request is 
                                made continues to meet the relevant 
                                criteria established in this section; 
                                and
                                    ``(II)(aa) grant an extension not 
                                to exceed 10 years; or
                                    ``(bb) deny the claim.
                    ``(C) Limit on number of extensions.--There shall 
                be no limit on the number of extensions granted under 
                subparagraph (B) as long as the Administrator finds 
                that the substantiation establishes the need to extend 
                the period and meets the requirements established by 
                the Administrator, and that the length of any extension 
                does not exceed 10 years.
            ``(2) Review and resubstantiation.--
                    ``(A) In general.--The Administrator may at any 
                time review a claim for protection against disclosure 
                under subsection (a) for information submitted to the 
                Administrator on a chemical substance (including 
                information described in subsection (b)(2)), and may 
                require any person who has claimed protection for that 
                information, whether before or after the date of 
                enactment of the Alan Reinstein and Trevor Schaefer 
                Toxic Chemical Protection Act, to withdraw or reassert 
                and substantiate or resubstantiate the claim in 
                conformance with the requirements of this section--
                            ``(i) after the chemical substance is 
                        identified as a high-priority substance under 
                        section 4A;
                            ``(ii) for any chemical substance for which 
                        the Administrator has made a determination 
                        under section 6(c)(1) (B) or (C);
                            ``(iii) for any inactive chemical substance 
                        identified pursuant to section 8(b)(4);
                            ``(iv) if the Administrator determines that 
                        disclosure of certain information currently 
                        protected from disclosure would assist the 
                        Administrator in conducting safety assessments 
                        and determinations under section 6 (b) and (c) 
                        or promulgating rules under section 6(d);
                            ``(v) if necessary to comply with a request 
                        for information the Administrator receives 
                        pursuant to section 552 of title 5, United 
                        States Code;
                            ``(vi) if information available to the 
                        Administrator provides a basis that the 
                        requirements of subsection (b)(4) of section 
                        552 of title 5, United States Code, are no 
                        longer met; or
                            ``(vii) for information contained in a 
                        notice of substantial risk submitted under 
                        section 8(e).
                    ``(B) Resubstantiation.--If the Administrator makes 
                a request under subparagraph (A), the person receiving 
                the request shall--
                            ``(i) resubstantiate the claim; or
                            ``(ii) withdraw the claim.
                    ``(C) Extension.--Protection from disclosure of the 
                information subject to a claim that is reviewed and 
                approved by the Administrator under this paragraph 
                shall be extended for a period of 10 years from the 
                date of approval, subject to any subsequent request by 
                the Administrator under this paragraph.
            ``(3) Unique identifier.--The Administrator shall--
                    ``(A) develop a system to assign a unique 
                identifier to each specific chemical identity for which 
                the Administrator approves a request for protection 
                from disclosure, other than a specific chemical 
                identity or structurally descriptive generic term, and 
                apply such identifier consistently to all information 
                relevant to such substance;
                    ``(B) annually publish and update a list of 
                substances for which claims to protect specific 
                chemical identity from disclosure have been approved, 
                referred to by unique identifier, including the 
                expiration date for each such claim;
                    ``(C) ensure that any nonconfidential information 
                received by the Administrator with respect to such a 
                substance during the period of protection from 
                disclosure is made public and identifies the substance 
                using the unique identifier; and
                    ``(D) for each claim for protection of specific 
                chemical identity that has been denied by the 
                Administrator, upon expiration of the period for appeal 
                under subsection (g)(3), that has expired, or that has 
                been withdrawn by the submitter, provide public access 
                to the specific chemical identity clearly linked to all 
                nonconfidential information received by the 
                Administrator with respect to the substance.
    ``(g) Duties of the Administrator.--
            ``(1) Determination.--
                    ``(A) In general.--Except as provided in subsection 
                (b), the Administrator shall, subject to subparagraph 
                (C), not later than 90 days after the receipt of a 
                claim under subsection (d), and not later than 30 days 
                after the receipt of a request for extension of a claim 
                under subsection (f), review and approve, modify, or 
                deny the claim or request.
                    ``(B) Denial or modification.--
                            ``(i) In general.--Except as provided in 
                        subsections (c) and (f), the Administrator 
                        shall deny a claim to protect a chemical 
                        identity from disclosure only if the person who 
                        has submitted the claim fails to meet the 
                        requirements of subsections (a) and (d).
                            ``(ii) Reasons for denial or 
                        modification.--The Administrator shall provide 
                        to the person who has submitted the claim a 
                        written statement of the reasons for the denial 
                        or modification of the claim.
                    ``(C) Subsets.--The Administrator shall--
                            ``(i) except for claims described in 
                        subsection (b)(7), review all claims under this 
                        section for the protection against disclosure 
                        of the specific identity of a chemical 
                        substance; and
                            ``(ii) review a representative subset, 
                        comprising at least 25 percent, of all other 
                        claims for protection against disclosure.
                    ``(D) Effect of failure to act.--The failure of the 
                Administrator to make a decision on a claim for 
                protection against disclosure or extension under this 
                section shall not be the basis for denial or 
                elimination of a claim for protection against 
                disclosure.
            ``(2) Notification.--
                    ``(A) In general.--Except as provided in 
                subparagraph (B) and subsections (c), (e), and (f), if 
                the Administrator denies or modifies a claim under 
                paragraph (1), the Administrator shall notify, in 
                writing and by certified mail, the person who submitted 
                the claim of the intent of the Administrator to release 
                the information.
                    ``(B) Release of information.--
                            ``(i) In general.--Except as provided in 
                        clause (ii), the Administrator shall not 
                        release information under this subsection until 
                        the date that is 30 days after the date on 
                        which the person who submitted the request 
                        receives notification under subparagraph (A).
                            ``(ii) Exceptions.--
                                    ``(I) In general.--For information 
                                under paragraph (3) or (8) of 
                                subsection (e), the Administrator shall 
                                not release that information until the 
                                date that is 15 days after the date on 
                                which the person who submitted the 
                                claim receives a notification, unless 
                                the Administrator determines that 
                                release of the information is necessary 
                                to protect against an imminent and 
                                substantial harm to human health or the 
                                environment, in which case, no prior 
                                notification is necessary.
                                    ``(II) No notification.--For 
                                information under paragraph (1), (2), 
                                (6), (7), (9) or (10) of subsection 
                                (e), no prior notification is 
                                necessary.
            ``(3) Appeals.--
                    ``(A) In general.--A person who receives a 
                notification under paragraph (2) may, if the person 
                believes disclosure of the information is prohibited 
                under subsection (a), before the date on which the 
                information is to be released, bring an action to 
                restrain disclosure of the information in--
                            ``(i) the district court of the United 
                        States in 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.
                    ``(B) No disclosure.--The Administrator shall not 
                disclose any information that is the subject of an 
                appeal under this section prior to the date on which 
                the applicable court rules on an action under 
                subparagraph (A).
            ``(4) Administration.--In carrying out this subsection, the 
        Administrator shall employ the procedures in part 2 of title 
        40, Code of Federal Regulations (or successor regulations).
    ``(h) Criminal Penalty for Wrongful Disclosure.--
            ``(1) In general.--Subject to paragraph (2), any officer or 
        employee of the United States or former officer or employee of 
        the United States who--
                    ``(A) by virtue of that employment or official 
                position has obtained possession of, or has access to, 
                material the disclosure of which is prohibited by 
                subsection (a); and
                    ``(B) knowing that disclosure of that material is 
                prohibited by subsection (a), willfully discloses the 
                material in any manner to any person not entitled to 
                receive that material, shall be guilty of a misdemeanor 
                and fined under title 18, United States Code, 
                imprisoned for not more than 1 year, or both.
            ``(2) Other laws.--Section 1905 of title 18, United States 
        Code, shall not apply with respect to the publishing, 
        divulging, disclosure, making known of, or making available, 
        information reported or otherwise obtained under this Act.
            ``(3) Contractors.--For the purposes of this subsection, 
        any contractor of the United States who is furnished 
        information in accordance with subsection (e)(2), including any 
        employee of that contractor, shall be considered to be an 
        employee of the United States.
    ``(i) Applicability.--
            ``(1) Except as otherwise provided by this section, section 
        8, or any other 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 submitted to the 
                Administrator under this Act prior to the date of 
                enactment of the Alan Reinstein and Trevor Schaefer 
                Toxic Chemical Protection Act; or
                    ``(B) to impose substantiation or resubstantiation 
                requirements under this Act that are more extensive 
                than those required under this section.
            ``(2) Prior actions.--Nothing in this Act prevents the 
        Administrator from reviewing, requiring substantiation or 
        resubstantiation for, or approving, modifying or denying any 
        claim for the protection from disclosure of information prior 
        to the effective date of rules applicable to such claims that 
        the Administrator may promulgate after the date of enactment of 
        the Alan Reinstein and Trevor Schaefer Toxic Chemical 
        Protection Act.
    ``(j) Definition of First Responder.--For the purposes of this 
section, the term `first responder' means a person duly authorized by a 
State or political subdivision of a State or a Federal agency, trained 
in urgent medical care or other emergency procedures, including a 
police officer, firefighter, or emergency medical technician.''.

SEC. 115. PROHIBITED ACTS.

    Section 15 (15 U.S.C. 2614) is amended by striking paragraph (1) 
and inserting the following:
            ``(1) fail or refuse to comply with--
                    ``(A) any rule promulgated, consent agreement 
                entered into, or order issued under section 4;
                    ``(B) any requirement prescribed by section 5 or 6;
                    ``(C) any rule promulgated, consent agreement 
                entered into, or order issued under section 5 or 6;
                    ``(D) any requirement of title II or any rule 
                promulgated or order issued under title II; or
                    ``(E) any requirement of title VI or any rule 
                promulgated or order issued under title VI;''.

SEC. 116. PENALTIES.

    Section 16 (15 U.S.C. 2615) is amended--
            (1) in subsection (a)--
                    (A) in paragraph (1)--
                            (i) in the first sentence--
                                    (I) by inserting ``this Act or a 
                                rule or order promulgated or issued 
                                pursuant to this Act, as described in'' 
                                after ``a provision of''; and
                                    (II) by striking ``$25,000'' and 
                                inserting ``$37,500''; and
                            (ii) in the second sentence, by striking 
                        ``violation of section 15 or 409'' and 
                        inserting ``violation of this Act''; and
            (2) in subsection (b)--
                    (A) by striking ``Any person'' and inserting the 
                following:
            ``(1) In general.--Any person'';
                    (B) by striking ``section 15 or 409'' and inserting 
                ``this Act'';
                    (C) by striking ``$25,000'' and inserting 
                ``$50,000''; and
                    (D) by adding at the end the following:
            ``(2) Imminent danger of death or serious bodily injury.--
        Any person who knowingly or willfully violates any provision of 
        this Act, and who knows at the time of the violation that the 
        violation places another person in imminent danger of death or 
        serious bodily injury shall be subject, upon conviction, to a 
        fine of not more than $250,000, imprisonment for not more than 
        15 years, or both. Any person committing such violation which 
        is an organization shall, upon conviction under this paragraph, 
        be subject to a fine of not more than $1,000,000 for each 
        violation.
            ``(3) Knowledge of imminent danger or injury.--In 
        determining whether a defendant knew that the violation placed 
        another person in imminent danger of death or serious bodily 
        injury, the defendant is responsible only for actual awareness 
        or actual belief possessed, and knowledge possessed by another 
        person that is not the defendant may not be attributed to the 
        defendant.''.

SEC. 117. PREEMPTION.

    Section 18 (15 U.S.C. 2617) is amended--
            (1) in subsection (a)(1), by striking ``(1) Except as 
        provided in paragraph (2), nothing'' and inserting ``Nothing'';
            (2) by striking subsection (a)(2); and
            (3) by striking subsection (b) and inserting the following:
    ``(b) Savings.--
            ``(1) No preemption of common law or statutory causes of 
        action for civil relief or criminal conduct.--Nothing in this 
        Act, nor any amendment made by this Act, nor any regulation, 
        requirement, standard of performance, safety determination, 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.
            ``(2) Clarification of no preemption.--Notwithstanding any 
        other provision in this Act, nothing in this Act, nor any 
        amendments made by this 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, maritime, or Federal common law 
        or statutory theory.
            ``(3) No effect on private remedies.--
                    ``(A) In general.--Nothing in this Act, nor any 
                amendments made by this Act, nor any rules, 
                regulations, requirements, safety assessments, safety 
                determinations, 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) No effect on authority of court.--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, safety assessments, scientific 
                assessments, or orders issued pursuant to this Act.
            ``(4) No preemption of state laws.--Nothing in this Act, 
        nor any amendment made by this Act, nor any regulation, 
        requirement, standard of performance, safety determination, 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 regulation, requirement, standard 
        of performance, safety determination, scientific assessment, or 
        any protection for public health or the environment that is 
        different from, or in addition to, any regulation, requirement, 
        standard of performance, safety determination, or scientific 
        assessment implemented pursuant to this Act.''.

SEC. 118. JUDICIAL REVIEW.

    Section 19 (15 U.S.C. 2618) is amended--
            (1) in subsection (a)--
                    (A) in subparagraph (1)(A), by striking ``section 
                4(a), 5(a)(2), 5(b)(4), 6(a), 6(e), or 8, or under 
                title II or IV'' and inserting ``section 4(a), 5(c)(4), 
                6(d), or 8'';
                    (B) in subparagraph (1)(B), by striking 
                ``subparagraph (A)'' and inserting ``paragraph (1)''; 
                and
                    (C) by striking paragraph (3); and
            (2) in subsection (c)--
                    (A) in subparagraph (1)(B), by striking clauses (i) 
                and (ii) and the last sentence of the subparagraph;
                    (B) by redesignating paragraph (1)(B)(iii) as 
                paragraph (1)(B)(i); and
                    (C) in paragraph (1)(B)(i) as so redesignated), by 
                striking ``(I) any statement required to be made 
                pursuant to section 6(c)(1) of this title, or (II)''.

SEC. 119. CITIZENS' PETITIONS.

    Section 21 (15 U.S.C. 2620) is amended--
            (1) in subsection (a), by striking ``an order under section 
        5(e)'' and inserting ``an order under section 4, 5(c),''; and
            (2) in subsection (b)--
                    (A) in paragraph (1), by striking ``an order under 
                section 5(e)'' and inserting ``an order under section 
                4, 5(c),''; and
                    (B) in paragraph (4), by striking subparagraph (B) 
                and inserting the following:
                    ``(B) De novo proceeding.--
                            ``(i) In general.--In an action under 
                        subparagraph (A) to initiate a proceeding to 
                        issue a rule under section 4, 5(c), 6(d), or 8 
                        or an order issued under section 4 or 5(c), the 
                        petitioner shall be provided an opportunity to 
                        have the petition considered by the court in a 
                        de novo proceeding.
                            ``(ii) Demonstration.--
                                    ``(I) In general.--The court shall 
                                order the Administrator to initiate the 
                                action requested by the petitioner if 
                                the petitioner demonstrates to the 
                                satisfaction of the court by a 
                                preponderance of the evidence that--
                                            ``(aa) in the case of a 
                                        petition to initiate a 
                                        proceeding for the issuance of 
                                        a rule or order under section 
                                        4, the information available to 
                                        the Administrator is 
                                        insufficient for the 
                                        Administrator to perform an 
                                        action described in section 4, 
                                        4A, or 6(b);
                                            ``(bb) in the case of a 
                                        petition to issue an order 
                                        under section 5(c), there is a 
                                        reasonable basis to conclude 
                                        that the substance is not 
                                        likely to meet the safety 
                                        standard;
                                            ``(cc) in the case of a 
                                        petition to initiate a 
                                        proceeding for the issuance of 
                                        a rule under section 6(d), 
                                        there is a reasonable basis to 
                                        conclude that the substance 
                                        will not meet the safety 
                                        standard; or
                                            ``(dd) in the case of a 
                                        petition to initiate a 
                                        proceeding for the issuance of 
                                        a rule under section 8, there 
                                        is a reasonable basis to 
                                        conclude that the rule is 
                                        necessary to require reporting 
                                        or recordkeeping to obtain 
                                        information relevant to 
                                        determining whether a substance 
                                        or mixture may fail to meet the 
                                        safety standard.
                                    ``(II) Deferment.--The court may 
                                permit the Administrator to defer 
                                initiating the action requested by the 
                                petitioner until such time as the court 
                                prescribes if the court finds that--
                                            ``(aa) the extent of the 
                                        risk to human health or the 
                                        environment alleged by the 
                                        petitioner is less than the 
                                        extent of risks to human health 
                                        or the environment with respect 
                                        to which the Administrator is 
                                        taking action under this Act; 
                                        and
                                            ``(bb) there are 
                                        insufficient resources 
                                        available to the Administrator 
                                        to take the action requested by 
                                        the petitioner.''.

SEC. 120. STUDIES.

    Section 25 (15 U.S.C. 2624) is repealed.

SEC. 121. ADMINISTRATION.

    Section 26(e) (15 U.S.C. 2625(e)) is amended--
            (1) by striking ``Health, Education, and Welfare'' each 
        place it appears and inserting ``Health and Human Services''; 
        and
            (2) by striking subsection (b) and inserting--
    ``(b) Fees.--
            ``(1) In general.--The Administrator shall, by rule, 
        require manufacturers of chemical substances to pay reasonable 
        fees to defray the costs of administering this title, including 
        but not limited to costs resulting from--
                    ``(A) issuing rules and orders to conduct testing 
                under section 4 and reviewing data submitted under 
                these requirements;
                    ``(B) developing the priority list and designating 
                substances as high-priority under section 4A;
                    ``(C) reviewing notices submitted under section 5;
                    ``(D) conducting safety assessments and making 
                safety determinations under section 6;
                    ``(E) promulgating rules and issuing orders to 
                restrict chemical substances under section 6;
                    ``(F) promulgating rules and issuing orders to 
                report information and data and maintain records under 
                section 8; and
                    ``(G) reviewing confidentiality claims under 
                section 14.
            ``(2) Apportionment.--
                    ``(A) In general.--The Administrator shall 
                apportion fees among individual manufacturers in 
                relation to the costs of administering this title which 
                are attributable to each manufacturer's production or 
                importation of chemical substances subject to action 
                under sections 4, 4A, 5, 6 and 8.
                    ``(B) Multiple manufacturers.--If there is more 
                than 1 manufacturer of such substance, the 
                Administrator shall provide for the sharing of fees in 
                proportion to each manufacturer's contribution to total 
                production of such substance, unless there is some 
                other basis for apportionment that better reflects 
                considerations of hazard and exposure.
            ``(3) Small business concerns.--The rule promulgated under 
        paragraph (1) may set separate fees for manufacturers of 
        chemical substances that are small business concerns based on 
        their ability to pay.
            ``(4) Limitation.--Fees collected under this subsection 
        shall only be used to defray the costs of administering this 
        title and not for any other purpose.''.
            ``(5) Level of fees.--The Administrator shall ensure that 
        fees are set at a level sufficient to enable the Administrator 
        to perform all of the responsibilities described in paragraph 
        (1) and add not less than 3 chemical substances to the list of 
        high-priority substances for each chemical substance removed 
        from the list under section 4A(a)(5)(iii) and to complete 
        safety assessments and determinations and any necessary 
        rulemaking for these high-priority substances in accordance 
        with section 6(a).''.

SEC. 122. DEVELOPMENT AND EVALUATION OF TEST METHODS.

    Section 27(a) (15 U.S.C. 2626(a)) is amended by striking ``Health, 
Education, and Welfare'' and inserting ``Health and Human Services''.

SEC. 123. STATE PROGRAMS.

    Section 28 (15 U.S.C. 2627) is amended by striking subsections (c) 
and (d).

SEC. 124. AUTHORIZATION OF APPROPRIATIONS.

    Section 29 (15 U.S.C. 2628) is repealed.

SEC. 125. ANNUAL REPORT.

    Section 30 (15 U.S.C. 2629) is amended by striking paragraph (2) 
and inserting the following:
            ``(2)(A) the number of notices received during each year 
        under section 5; and
            ``(B) the number of the notices described in subparagraph 
        (A) for chemical substances subject to a rule, testing consent 
        agreement, or order under section 4;''.

 TITLE II--STRENGTHENING PROTECTIONS FOR CHILDREN AND COMMUNITIES FROM 
                            DISEASE CLUSTERS

SEC. 201. PURPOSES.

    The purposes of this title are--
            (1) to provide to the Administrator the authority to help 
        conduct investigations into the potential for environmental 
        pollutants or toxic substances to cause disease clusters;
            (2) to ensure that the Administrator has the authority to 
        undertake actions to help address existing and potential 
        environmental pollution and toxic substances that may 
        contribute to the creation of disease clusters; and
            (3) to enable the Administrator to integrate and work in 
        conjunction with other Federal, State, and local agencies, 
        institutions of higher education, and the public in 
        investigating and helping to address the possible causes of 
        disease clusters.

SEC. 202. DEFINITIONS.

    In this title:
            (1) Administrator.--The term ``Administrator'' means the 
        Administrator of the Environmental Protection Agency.
            (2) Agency.--The term ``Agency'' means the Environmental 
        Protection Agency.
            (3) Director.--The term ``Director'' means the Director of 
        the National Institute of Environmental Health Sciences.
            (4) Disease cluster.--The term ``disease cluster'' means--
                    (A) the occurrence of a greater-than-expected 
                number of cases of a particular disease within a group 
                of individuals, a geographical area, or a period of 
                time; or
                    (B) the occurrence of a particular disease in such 
                number of cases, or meeting such other criteria, as the 
                Administrator, in consultation with the Administrator 
                of the Agency for Toxic Substances and Disease Registry 
                and the Director, may determine.
            (5) Environmental pollutants or toxic substances.--The term 
        ``environmental pollutants or toxic substances'' includes the 
        substances described in paragraph (7).
            (6) Federal agency.--The term ``Federal agency'' means--
                    (A) any department, agency, or other 
                instrumentality of the Federal Government;
                    (B) any independent agency or establishment of the 
                Federal Government (including any Government 
                corporation); and
                    (C) the Government Publishing Office.
            (7) Potential causes of a disease cluster.--The term 
        ``potential causes of a disease cluster'' includes 
        environmental and public health factors that could increase the 
        possibility of disease clusters, including environmental 
        pollutants or toxic substances and sources of those pollutants 
        and substances, including--
                    (A) emissions of air pollutants that are regulated 
                under the Clean Air Act (42 U.S.C. 7401 et seq.);
                    (B) water pollutants that are regulated under the 
                Federal Water Pollution Control Act (33 U.S.C. 1251 et 
                seq.);
                    (C) a contaminant, as that term is defined in 
                section 1401 of the Safe Drinking Water Act (42 U.S.C. 
                300f);
                    (D) a hazardous substance, as that term is defined 
                in section 101 of the Comprehensive Environmental 
                Response, Compensation, and Liability Act (42 U.S.C. 
                9601);
                    (E) solid waste and hazardous waste, as those terms 
                are defined in section 1004 of the Solid Waste Disposal 
                Act (42 U.S.C. 6903);
                    (F) a chemical substance, as that term is defined 
                in section 3 of the Toxic Substances Control Act (15 
                U.S.C. 2602);
                    (G) a substance that is regulated under the 
                Emergency Planning and Community Right-To-Know Act of 
                1986 (42 U.S.C. 11001 et seq.); and
                    (H) any other form of environmental pollution or 
                toxic substance that is a known or potential cause of 
                an adverse health effect, including a developmental, 
                reproductive, neurotoxic, or carcinogenic effect.
            (8) Regional response center.--The term ``Regional Response 
        Center'' means a Regional Disease Cluster Information and 
        Response Center established under section 204.
            (9) Response team.--The term ``Response Team'' means a 
        Regional Disease Cluster Information and Response Team 
        established under section 204.
            (10) Secretary.--The term ``Secretary'' means the Secretary 
        of Health and Human Services.

SEC. 203. GUIDELINES FOR ENVIRONMENTAL INVESTIGATIONS OF DISEASE 
              CLUSTERS.

    (a) Establishment.--
            (1) In general.--The Administrator, in consultation with 
        the Administrator of the Agency for Toxic Substances and 
        Disease Registry, the Secretary, and the Director, shall 
        develop, publish, and periodically update guidelines that 
        describe a systematic, integrated approach that uses the best 
        available science to investigate--
                    (A) 1 or more suspected or potential disease 
                clusters;
                    (B) environmental pollutants or toxic substances 
                associated with 1 or more suspected or potential 
                disease clusters; or
                    (C) potential causes of 1 or more disease clusters.
            (2) Coordination.--The Administrator shall ensure that the 
        Office of Children's Health Protection, in consultation with 
        appropriate advisory committees, such as the Children's Health 
        Protection Advisory Committee, has a prominent role on behalf 
        of the Agency in developing and updating guidelines under 
        paragraph (1).
    (b) Requirements.--Guidelines developed under this section shall 
include--
            (1) definitions of key concepts and actions;
            (2) disease cluster identification and reporting protocols;
            (3) standardized methods of reviewing and categorizing 
        data, including from health surveillance systems and disease 
        cluster reports;
            (4) guidance for using, in a health-protective way, an 
        appropriate epidemiological, statistical, or other approach for 
        the circumstances of an investigation;
            (5) procedures for peer review of key documents by 
        individuals who have no direct or indirect conflict of 
        interest; and
            (6) a description of roles and responsibilities of the 
        Administrator and the Administrator of the Agency for Toxic 
        Substances and Disease Registry in conducting investigations 
        described in those guidelines, in accordance with this title.
    (c) Timing.--
            (1) In general.--Draft guidelines developed under this 
        section shall be available for public review and comment for a 
        period of not less than 60 days.
            (2) Final guidelines.--Not later than 1 year after the date 
        of enactment of this Act, the Administrator, in consultation 
        with the Administrator of the Agency for Toxic Substances and 
        Disease Registry, the Secretary, and the Director, shall 
        publish in the Federal Register final guidelines under this 
        section.

SEC. 204. ENHANCED SUPPORT FOR ENVIRONMENTAL INVESTIGATIONS OF DISEASE 
              CLUSTERS.

    (a) Establishment of Regional Disease Cluster Information and 
Response Centers and Teams.--
            (1) Establishment.--
                    (A) In general.--The Administrator, in consultation 
                with the Administrator of the Agency for Toxic 
                Substances and Disease Registry, the Secretary, and the 
                Director, and other appropriate Federal agencies, shall 
                establish and operate Regional Disease Cluster 
                Information and Response Centers and Regional Disease 
                Cluster Information and Response Teams.
                    (B) Principal responsibility.--The Administrator 
                shall be principally responsible for directing, 
                coordinating, and approving Federal efforts and 
                assistance authorized under this section.
            (2) Coordination.--
                    (A) In general.--The Administrator shall ensure 
                that the Office of Children's Health Protection, in 
                consultation with appropriate advisory committees, such 
                as the Children's Health Protection Advisory Committee, 
                has a prominent role on behalf of the Agency in 
                establishing and operating the Regional Response 
                Centers and the Response Teams.
                    (B) Grants and cooperative agreements.--
                            (i) In general.--The Administrator shall 
                        provide support (including research, program 
                        implementation, and operational support 
                        activities) to individuals on Response Teams 
                        described in subsection (b) and Community 
                        Disease Cluster Advisory Committees described 
                        in subsection (c) through grants and 
                        cooperative agreements with institutions of 
                        higher education that have programs or 
                        individuals with demonstrated expertise in 
                        research, training, studies, and technical 
                        assistance.
                            (ii) Authorization of appropriations.--
                        There are authorized to be appropriated to 
                        carry out this subparagraph such sums as are 
                        necessary.
            (3) Timing.--Not later than 1 year after the date of 
        enactment of this Act, the Administrator shall establish at 
        least--
                    (A) 2 Regional Response Centers; and
                    (B) 2 Response Teams.
    (b) Response Teams.--
            (1) Membership.--Each Response Team shall include 
        individuals who--
                    (A) have expertise in epidemiology, toxicogenomics, 
                molecular biology, toxicology, pollution control 
                requirements, data analysis, environmental health and 
                disease surveillance, exposure assessment, pediatric 
                health, community outreach and involvement, and other 
                relevant fields; and
                    (B) have no direct or indirect conflict of 
                interest.
            (2) Leadership.--Each Response Team shall have--
                    (A) an individual who is the leader of the Response 
                Team and who reports to the Administrator, the 
                Administrator of the Agency for Toxic Substances and 
                Disease Registry, and the Director; and
                    (B) an individual who has the skills or experience 
                necessary to carry out community outreach and 
                involvement activities, including--
                            (i) the establishment of Community Disease 
                        Cluster Advisory Committees under subsection 
                        (c); and
                            (ii) the facilitation of activities of 
                        those Committees.
            (3) Activities.--
                    (A) In general.--The Administrator, in consultation 
                with the Administrator of the Agency for Toxic 
                Substances and Disease Registry and the Director, shall 
                establish the scope of activities for Response Teams to 
                ensure that the activities are consistent with 
                achieving the purposes of this title.
                    (B) Requirements.--The activities of the Response 
                Teams shall include--
                            (i) making guidelines, protocols, data, and 
                        other relevant information and expertise 
                        available to State and local officials and the 
                        public to assist in efforts--
                                    (I) to investigate suspected or 
                                potential disease clusters, 
                                environmental pollutants or toxic 
                                substances associated with those 
                                disease clusters, and potential causes 
                                of disease clusters; and
                                    (II) to address potential causes of 
                                disease clusters;
                            (ii) responding rapidly to a petition 
                        described in subparagraph (C) from any person, 
                        including a State or local official, regarding 
                        the need--
                                    (I) to investigate suspected or 
                                potential disease clusters, 
                                environmental pollutants or toxic 
                                substances associated with those 
                                disease clusters, and potential causes 
                                of disease clusters; and
                                    (II) to address the potential 
                                causes of disease clusters;
                            (iii) providing the best available 
                        environmental sampling and laboratory equipment 
                        to collect, analyze, and interpret monitoring, 
                        health surveillance, and other relevant 
                        information at scales and timelines appropriate 
                        to an action;
                            (iv) involving community members, in 
                        accordance with established scientific methods 
                        and norms (including the preservation of the 
                        confidentiality of individuals), in--
                                    (I) investigations of suspected or 
                                potential disease clusters, 
                                environmental pollutants or toxic 
                                substances associated with those 
                                disease clusters, or potential causes 
                                of disease clusters, including 
                                through--
                                            (aa) environmental exposure 
                                        assessments;
                                            (bb) biomonitoring 
                                        activities; and
                                            (cc) community-based 
                                        participatory research 
                                        initiatives; and
                                    (II) other efforts to address the 
                                potential causes of disease clusters;
                            (v) working with State and local agencies--
                                    (I) to help make the use and 
                                management of integrated environmental 
                                health data consistent and timely; and
                                    (II) to fill data gaps; and
                            (vi) investigating suspected or potential 
                        disease clusters, environmental pollutants or 
                        toxic substances associated with those disease 
                        clusters, and potential causes of disease 
                        clusters, and addressing the potential causes 
                        of disease clusters that the Administrator 
                        determines State and local officials need 
                        assistance in investigating or addressing, or 
                        that the Administrator determines should be 
                        investigated or addressed.
                    (C) Petition.--
                            (i) In general.--Any person, including a 
                        State or local official, may submit a petition 
                        referred to in subparagraph (B)(ii) to the 
                        Administrator, the Administrator of the Agency 
                        for Toxic Substances and Disease Registry, and 
                        the Director that requests that a Response Team 
                        conduct an investigation or take other action 
                        to address the potential causes of disease 
                        clusters in accordance with this title.
                            (ii) Requirements.--Each petition submitted 
                        under clause (i) shall clearly describe the 
                        basis for the requested investigation or 
                        action, including any data supporting the 
                        request.
                            (iii) Consideration.--The Administrator, in 
                        consultation with the Administrator of the 
                        Agency for Toxic Substances and Disease 
                        Registry and the Director, shall establish 
                        criteria for the consideration of petitions 
                        submitted under this section using health-
                        protective factors, including--
                                    (I) evidence of the release of 
                                environmental pollutants or toxic 
                                substances;
                                    (II) the locations in which there 
                                appear to be potentially significant 
                                health threats from the potential 
                                causes of disease clusters;
                                    (III) cases in which existing data 
                                appear to be inadequate to fully assess 
                                the potential risks to public health; 
                                and
                                    (IV) such other factors as the 
                                Administrator determines are necessary.
                            (iv) Response.--Not later than 60 days 
                        after the date of receipt of a petition under 
                        clause (iii), the Administrator, in 
                        consultation with the Administrator of the 
                        Agency for Toxic Substances and Disease 
                        Registry and the Director, shall provide a 
                        written response that describes--
                                    (I) the investigation or actions 
                                that will be undertaken in response to 
                                the petition, including the timeline 
                                and basis for the investigation or 
                                actions; and
                                    (II) the reasons for any denial or 
                                deferral in providing such a response.
                            (v) Timing of issuance of criteria.--
                                    (I) In general.--The Administrator, 
                                in consultation with the Administrator 
                                of the Agency for Toxic Substances and 
                                Disease Registry and the Director, 
                                shall provide for public notice of 
                                draft criteria established under this 
                                subparagraph for a period of not less 
                                than 60 days.
                                    (II) Final criteria.--Not later 
                                than 1 year after the date of enactment 
                                of this Act, the Administrator, in 
                                consultation with the Administrator of 
                                the Agency for Toxic Substances and 
                                Disease Registry and the Director, 
                                shall publish in the Federal Register 
                                final criteria required under this 
                                subparagraph.
            (4) Use of publicly available reports.--Response Team 
        investigations and actions shall--
                    (A) include publicly available reports prepared by 
                the Response Team that contain statements of facts, 
                findings, and recommendations for actions, to the 
                extent appropriate; and
                    (B) be prepared in a manner that preserves the 
                confidentiality of individuals.
            (5) Transparency and accountability.--Response Team 
        activities shall include measures to ensure--
                    (A) transparency and accountability to potentially 
                affected individuals, State and local officials, the 
                public, and other persons and agencies, while 
                preserving the confidentiality of individuals;
                    (B) that consistent, accurate, and meaningful 
                information is provided to potentially affected 
                individuals, State and local officials, the public, and 
                other persons and agencies through the use of 
                comprehensive, community-based communications plans; 
                and
                    (C) accountability to meeting goals and timetables.
            (6) Database.--
                    (A) In general.--The Administrator, in consultation 
                with the Administrator of the Agency for Toxic 
                Substances and Disease Registry, the Secretary, and the 
                Director, shall compile and regularly update 
                information in a comprehensive electronic database 
                that--
                            (i) is publicly accessible through the 
                        Internet;
                            (ii) provides a centralized location for 
                        information relating to--
                                    (I) disease cluster reports and 
                                investigations;
                                    (II) environmental pollutants or 
                                toxic substances that are associated 
                                with suspected or potential disease 
                                clusters;
                                    (III) illnesses associated with 
                                suspected or potential disease 
                                clusters, including locally generated 
                                information;
                                    (IV) systematic tracking of 
                                environmental pollutants or toxic 
                                substances and illnesses associated 
                                with suspected or potential disease 
                                clusters;
                                    (V) actions to help address the 
                                potential causes of disease clusters; 
                                and
                                    (VI) any other information that the 
                                Administrator determines to be 
                                necessary; and
                            (iii) facilitates the rapid reporting and 
                        analysis of information described in clause 
                        (ii).
                    (B) Confidentiality.--A database described in 
                subparagraph (A) shall be maintained in a manner that 
                preserves the confidentiality of individuals.
    (c) Community Disease Cluster Advisory Committees.--
            (1) In general.--The Administrator shall establish 
        Community Disease Cluster Advisory Committees to provide 
        oversight, guidance, and advice relating to--
                    (A) the investigation of suspected and potential 
                disease clusters;
                    (B) the investigation of environmental pollutants 
                or toxic substances associated with suspected or 
                potential disease clusters;
                    (C) the investigation of potential causes of 
                disease clusters;
                    (D) efforts to address the potential causes of 
                disease clusters; and
                    (E) the most effective means of ensuring outreach 
                to and involvement of community members.
            (2) Membership.--Membership on Community Disease Cluster 
        Advisory Committees shall be comprised of representatives that 
        include--
                    (A) individuals who are or may be impacted by a 
                suspected or potential disease cluster, and the 
                designee of such an individual who may participate with 
                or in the place of such an individual;
                    (B) State or local government health or 
                environmental agencies;
                    (C) at least 2 individuals, appointed by the 
                Administrator in consultation with the Administrator of 
                the Agency for Toxic Substances and Disease Registry 
                and the Director, with demonstrated knowledge of the 
                activities described in paragraph (1); and
                    (D) other appropriate individuals, as determined by 
                the Administrator, in consultation with the 
                Administrator of the Agency for Toxic Substances and 
                Disease Registry and the Director.
            (3) Prohibition.--No member of a Committee may have any 
        direct or indirect conflict of interest.
            (4) Technical assistance.--
                    (A) In general.--The Administrator, in consultation 
                with the Administrator of the Agency for Toxic 
                Substances and Disease Registry and the Director, may 
                make grants available to any group of individuals that 
                may be affected by a suspected or potential disease 
                cluster.
                    (B) Use of funds.--Grants made available under 
                subparagraph (A) may be used to facilitate active 
                involvement in all aspects of Committee activities and 
                to assist Committee members in obtaining technical 
                assistance in interpreting information with regard to--
                            (i) the investigation of--
                                    (I) suspected or potential disease 
                                clusters;
                                    (II) environmental pollutants or 
                                toxic substances that are associated 
                                with suspected or potential disease 
                                clusters; and
                                    (III) the potential causes of 
                                disease clusters;
                            (ii) addressing the potential causes of 
                        disease clusters;
                            (iii) understanding the health concerns 
                        associated with suspected or potential disease 
                        clusters; and
                            (iv) understanding other scientific and 
                        technical issues relating to the activities of 
                        a Regional Response Team and Community Disease 
                        Cluster Advisory Committee, including the 
                        potential need for and interpretation of any 
                        biomonitoring of individuals in the area.
    (d) Environmental Research and Analysis.--The Administrator, in 
consultation with the Administrator of the Agency for Toxic Substances 
and Disease Registry, the Secretary, and the Director, shall use 
available authorities and programs to compile, research, and analyze 
information generated by actions authorized under this section, 
including by--
            (1) using those authorities to test environmental 
        pollutants or toxic substances identified under subsection 
        (b)(6); and
            (2) incorporating environmental pollutants or toxic 
        substances identified under subsection (b)(6) in appropriate 
        national biomonitoring initiatives.

SEC. 205. FEDERAL REPORTS TO CONGRESS.

    (a) In General.--Not later than 1 year after the date of enactment 
of this Act and annually thereafter, the Administrator, in consultation 
with the Administrator of the Agency for Toxic Substances and Disease 
Registry, the Secretary, and the Director, shall prepare a report that 
describes--
            (1) the status of activities under this title to 
        investigate and address the suspected and potential causes of 
        disease clusters;
            (2) environmental pollutants or toxic substances that are 
        associated with suspected or potential disease clusters;
            (3) the potential causes of disease clusters; and
            (4) ways to address the potential causes of those disease 
        clusters.
    (b) Requirements.--The report shall include a description of--
            (1) outreach activities to State and local officials and 
        communities;
            (2) actions that the Administrator has taken to prioritize 
        the testing of environmental pollutants or toxic substances;
            (3) actions that the Administrator has taken to include 
        environmental pollutants or toxic substances identified under 
        section 204(b)(7) in appropriate national biomonitoring 
        initiatives;
            (4) actions that the Administrator is taking or plans to 
        take to address problems in implementing this title;
            (5) actions that the Secretary is taking or plans to take 
        to address problems in implementing this title;
            (6) actions that the Administrator of the Agency for Toxic 
        Substances and Disease Registry has undertaken or is 
        considering taking with respect to any disease clusters under 
        subparagraphs (D) and (E) of section 104(i)(1) of Comprehensive 
        Environmental Response, Compensation, and Liability Act (42 
        U.S.C. 9604(i)(1)) and other provisions of that section;
            (7) actions that the Director is taking or plans to take to 
        address problems in implementing this title; and
            (8) other relevant information.
    (c) Submission and Availability.--The Administrator shall--
            (1) submit the report under this subsection to--
                    (A) the Committees on Environment and Public Works 
                and Health, Education, Labor, and Pensions of the 
                Senate; and
                    (B) the Committee on Energy and Commerce of the 
                House of Representatives; and
            (2) make the report available to the public.

SEC. 206. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated such sums as are necessary 
to carry out this title.

SEC. 207. EFFECT ON OTHER LAW.

    Nothing in this title modifies, limits, or otherwise affects the 
application of, or obligation to comply with, any law, including any 
environmental or public health law.

    TITLE III--COMMUNITY DISEASE CLUSTER TECHNICAL ASSISTANCE GRANTS

SEC. 301. COMMUNITY DISEASE CLUSTER TECHNICAL ASSISTANCE GRANTS.

    (a) In General.--The Administrator of the Environmental Protection 
Agency (referred to in this title as the ``Administrator''), in 
coordination with the Secretary of Health and Human Services (referred 
to in this title as the ``Secretary'') may award grants in accordance 
with this title to any individual or group of individuals that may be 
affected by a reported community-based disease cluster--
            (1) to pay the Federal share of the technical assistance 
        described in subsection (d);
            (2) to protect public health and the environment;
            (3) to promote healthy and safe environments; and
            (4) to prevent and address harmful exposures to hazardous 
        substances.
    (b) Application.--
            (1) In general.--To be eligible for a grant under this 
        title, an individual or group of individuals shall submit to 
        the Administrator and the Secretary an application that 
        contains a description of the--
                    (A) need for technical assistance, including the 
                need to procure independent technical advisors to help 
                grant recipients interpret the information described in 
                subsection (d);
                    (B) expected outputs, including results, effects, 
                or consequences that will occur from the technical 
                assistance; and
                    (C) expected outcomes, including activity, effort, 
                or associated work products that will be produced or 
                provided over a period of time or by a specific date.
            (2) Response.--Not later than 120 days after the date on 
        which an application is submitted under paragraph (1), the 
        Administrator and the Secretary shall respond to each applicant 
        in writing and describe whether the application is approved, 
        denied, or will be considered after the applicant modifies the 
        application.
            (3) Criteria.--The Administrator, in coordination with the 
        Secretary, shall develop criteria that, if satisfied, would 
        result in the Administrator and the Secretary accepting an 
        application submitted under paragraph (1).
    (c) Amount.--
            (1) In general.--Except as provided in paragraph (2), each 
        grant awarded under this title shall not exceed $50,000.
            (2) Waiver.--The Administrator, in coordination with the 
        Secretary, may waive the limitation described in paragraph (1) 
        if the waiver is necessary to provide the technical assistance 
        described in subsection (d).
    (d) Use of Funds.--Grants awarded under this title shall be used to 
obtain technical assistance in interpreting information regarding--
            (1) investigating reported community-based disease clusters 
        associated with 1 or more hazardous chemicals;
            (2) the potential hazardous chemicals associated with a 
        reported community-based disease cluster;
            (3) providing individuals or groups of individuals with 
        community-based tools to educate the individuals on the 
        mitigation of hazardous chemicals associated with reported 
        community-based disease clusters; or
            (4) other scientific and technical issues related to 
        reported community-based disease clusters.
    (e) Number of Grants.--No individual or group of individuals shall 
be awarded more than 1 grant under this title.
    (f) Non-Federal Share.--
            (1) In general.--Except as provided in paragraph (2), the 
        non-Federal share for each grant awarded under this title is 20 
        percent.
            (2) Waiver.--The Administrator, in coordination with the 
        Secretary, may waive the non-Federal share described in 
        paragraph (1) if--
                    (A) the recipient of the grant demonstrates 
                financial need; and
                    (B) the waiver is necessary to provide the 
                technical assistance described in subsection (d).
    (g) Renewal of Grant.--
            (1) In general.--Any grant awarded under this title may be 
        renewed to facilitate technical assistance to any group of 
        individuals that may be affected by a reported community-based 
        disease cluster.
            (2) Conditions.--Each renewal of a grant awarded under this 
        title is subject to the same conditions that apply to an 
        initial grant.
    (h) Reports.--Any recipient of a grant awarded under this title 
shall submit to the Administrator and the Secretary a report that 
describes the progress in addressing the needs and achieving the 
outputs and outcomes described in subsection (b).

SEC. 302. AUTHORIZATION OF APPROPRIATIONS.

    For each of fiscal years 2016 through 2021, there are authorized to 
be appropriated to the Administrator and the Secretary from any funds 
made available to the Administrator and the Secretary for the purpose 
of providing community members with technical assistance and engagement 
on environmental health issues from the Hazardous Substance Superfund 
established under section 9507 of the Internal Revenue Code of 1986 
such sums as are necessary to carry out section 301.
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