[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 4397 Introduced in Senate (IS)]
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119th CONGRESS
2d Session
S. 4397
To amend the Toxic Substances Control Act to improve transparency of
the regulatory process and coordination of science among Federal
agencies, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
April 27, 2026
Mr. Ricketts introduced the following bill; which was read twice and
referred to the Committee on Environment and Public Works
_______________________________________________________________________
A BILL
To amend the Toxic Substances Control Act to improve transparency of
the regulatory process and coordination of science among Federal
agencies, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Sound Science Act of 2026''.
SEC. 2. TESTING.
(a) Testing Requirement Rule, Order, or Consent Agreement.--Section
4(b)(1)(B) of the Toxic Substances Control Act (15 U.S.C.
2603(b)(1)(B)) is amended--
(1) by striking ``methodologies'' and inserting
``technically feasible methodologies''; and
(2) by inserting ``the intended and known purposes to be
manufactured, processed, distributed in commerce, used, or
disposed of for'' after ``the development of information for''.
(b) Required Actions.--Section 4(f) of the Toxic Substances Control
Act (15 U.S.C. 2603(f)) is amended, in the undesignated matter
following paragraph (2), by striking ``, made without consideration of
costs or other nonrisk factors,''.
(c) Testing Modernization.--Section 4(h) of the Toxic Substances
Control Act (15 U.S.C. 2603(h)) is amended--
(1) in paragraph (1)(B)(i), by inserting ``, including by
requiring the use of relevant Test Guidelines that are
published by the Organisation for Economic Cooperation and
Development and identified by the Administrator and included on
the list under paragraph (2)(C)'' before the semicolon; and
(2) in paragraph (2)--
(A) in subparagraph (C), by striking ``on a regular
basis'' and inserting ``at least once every 2 years'';
and
(B) in subparagraph (D)--
(i) by striking ``public notice and comment
on the contents of the plan'' and inserting the
following: ``public notice and comment on--
``(i) the contents of the plan'';
(ii) in clause (i) (as so designated), by
adding ``and'' after the semicolon at the end;
and
(iii) by adding at the end the following:
``(ii) the test methods and strategies
proposed to be identified pursuant to
subparagraph (C) for inclusion on the list
under such subparagraph;''.
SEC. 3. CONSISTENCY AMONG EXISTING REQUIREMENTS AND AMONG FEDERAL
DEPARTMENT RISK INFORMATION.
(a) Scope of Regulation.--Section 6(a) of the Toxic Substances
Control Act (15 U.S.C. 2605(a)) is amended, in the matter preceding
paragraph (1), by striking ``apply one or more of the following
requirements to such substance or mixture to the extent necessary so
that the chemical substance or mixture no longer presents such risk:''
and inserting ``apply, to the extent necessary, one or more of the
following requirements to such substance or mixture in order to
minimize, to the extent reasonably feasible, such risk of injury to
health or the environment:''.
(b) Risk Evaluations.--Section 6(b)(4) of the Toxic Substances
Control Act (15 U.S.C. 2605(b)(4)) is amended--
(1) in subparagraph (F)--
(A) by striking clause (ii) and inserting the
following:
``(ii) consider--
``(I) only hazards and exposures
that are more likely than not to result
in an unreasonable risk of injury to
health or the environment;
``(II) sentinel exposures to the
chemical substance; and
``(III) aggregate exposures only if
the Administrator issues a written
determination that such consideration
is necessary to provide greater clarity
or precision in the risk evaluation;'';
(B) in clause (iv), by striking ``; and'' and
inserting a semicolon;
(C) in clause (v), by striking the period at the
end and inserting a semicolon; and
(D) by adding at the end the following:
``(vi) consider any exposure limits or
thresholds relating to the chemical substance
developed by another Federal department or
agency under any applicable law or regulation;
and
``(vii) not assume noncompliance with any
such applicable law or regulation relating to
the chemical substance, including any
occupational safety and health standard
promulgated under section 6 of the Occupational
Safety and Health Act of 1970 (29 U.S.C. 655)
relating to the chemical substance.'';
(2) in subparagraph (H), by striking ``30 days'' and
inserting ``60 days''; and
(3) by adding at the end the following:
``(I) Interagency review.--In conducting a risk
evaluation under this subsection, the Administrator
shall provide a process for Federal departments and
agencies to submit information and feedback on critical
uses, alternatives, and supply chain impacts, including
by providing not less than 30 days to submit comments
on the draft risk evaluation prior to providing public
notice and an opportunity for comment in accordance
with subparagraph (H).''.
(c) Promulgation of Subsection (a) Rules.--Section 6(c)(2) of the
Toxic Substances Control Act (15 U.S.C. 2605(c)(2)) is amended by
striking subparagraph (B) and inserting the following:
``(B) Selecting requirements.--In selecting among
requirements under subsection (a), the Administrator
shall--
``(i) factor in, to the extent
practicable--
``(I) the considerations under
subparagraph (A), in accordance with
subsection (a); and
``(II) any occupational safety and
health standards promulgated under
section 6 of the Occupational Safety
and Health Act of 1970 (29 U.S.C. 655)
relating to the chemical substance; and
``(ii) select those requirements that, to
the extent applicable--
``(I) are cost-effective in
relation to the minimization of the
unreasonable risk; and
``(II) do not result in the
creation of greater risks for health or
the environment.''.
(d) Reasonably Available Information.--Section 26(k) of the Toxic
Substances Control Act (15 U.S.C. 2625(k)) is amended by inserting
``and the existing requirements, prohibitions, and restrictions for the
chemical substance or mixture under the Occupational Safety and Health
Act of 1970 (29 U.S.C. 651 et seq.) (including regulations promulgated
under that Act)'' before the period at the end.
SEC. 4. IMPROVING ACCOUNTABILITY OF FINAL AGENCY ACTIONS.
Section 6(i)(2) of the Toxic Substances Control Act (15 U.S.C.
2605(i)(2)) is amended by inserting ``and any scientific assessment
relied on by the Administrator in conducting a risk evaluation for that
chemical substance under subsection (b)'' after ``environment''.
SEC. 5. STRENGTHENING SCIENTIFIC STANDARDS.
Section 26 of the Toxic Substances Control Act (15 U.S.C. 2625) is
amended--
(1) in subsection (h)--
(A) in paragraph (4), by striking ``and'' at the
end;
(B) in paragraph (5), by striking the period at the
end and inserting a semicolon; and
(C) by adding at the end the following:
``(6) if the Administrator is relying on the scientific
standards described in this subsection or the weighting
described in subsection (i), the extent to which any draft or
final scientific assessment or risk evaluation developed by the
Administrator is consistent with those standards or that
weighting;
``(7) to the extent that the Administrator establishes any
worker protection standards, the results of consultations
with--
``(A) other Federal departments and agencies,
including the Occupational Safety and Health
Administration; and
``(B) to evaluate the need for a unique worker
protection standard established by the Administrator,
trained experts in industrial hygiene, toxicology,
engineering, and process safety (including industry
experts); and
``(8) the comments and expertise of other Federal
departments and agencies, as provided pursuant to the
interagency review process required under section
6(b)(4)(F)(viii), including the Department of Defense, the
Department of Energy, the Occupational Safety and Health
Administration, and the Department of Agriculture.''; and
(2) in subsection (o), by adding at the end the following:
``(5) Committee review.--
``(A) In-person peer review.--When reviewing a risk
evaluation carried out under section 6(b), the
Committee shall conduct a complete in-person peer
review.
``(B) Period of review.--In carrying out
subparagraph (A), the Committee shall provide a period
of not less than 30 days to allow reviewers--
``(i) to conduct peer reviews; and
``(ii) to ensure a thorough review of--
``(I) the risk evaluation,
including the underlying science relied
on by the Administration and the risk
determinations of the Administrator;
and
``(II) the quality and scientific
veracity of any draft or final
scientific assessment relied on by the
Administrator in conducting the risk
evaluation.''.
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