[Congressional Record (Bound Edition), Volume 162 (2016), Part 5]
[House]
[Pages 7013-7058]
[From the U.S. Government Publishing Office, www.gpo.gov]




                     TSCA MODERNIZATION ACT OF 2015

  Mr. SHIMKUS. Mr. Speaker, pursuant to House Resolution 742, I call up 
the bill (H.R. 2576) to modernize the Toxic Substances Control Act, and 
for other purposes, with the Senate amendment thereto, and ask for its 
immediate consideration.
  The Clerk read the title of the bill.
  The SPEAKER pro tempore. The Clerk will designate the Senate 
amendment.
  Senate amendment:

       Strike all after the enacting clause and insert the 
     following:

[[Page 7014]]



     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Frank R. Lautenberg Chemical 
     Safety for the 21st Century Act''.

     SEC. 2. FINDINGS, POLICY, AND INTENT.

       Section 2(c) of the Toxic Substances Control Act (15 U.S.C. 
     2601(c)) is amended--
       (1) by striking ``It is the intent'' and inserting the 
     following:
       ``(1) Administration.--It is the intent'';
       (2) in paragraph (1) (as so redesignated), by inserting ``, 
     as provided under this Act'' before the period at the end; 
     and
       (3) by adding at the end the following:
       ``(2) Reform.--This Act, including reforms in accordance 
     with the amendments made by the Frank R. Lautenberg Chemical 
     Safety for the 21st Century Act--
       ``(A) shall be administered in a manner that--
       ``(i) protects 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; and
       ``(ii) ensures that appropriate information on chemical 
     substances and mixtures is available to public health 
     officials and first responders in the event of an emergency; 
     and
       ``(B) shall not displace or supplant common law rights of 
     action or remedies for civil relief.''.

     SEC. 3. DEFINITIONS.

       Section 3 of the Toxic Substances Control Act (15 U.S.C. 
     2602) is amended--
       (1) by redesignating paragraphs (4), (5), (6), (7), (8), 
     (9), (10), (11), (12), (13), and (14) as paragraphs (5), (6), 
     (7), (8), (9), (10), (12), (13), (17), (18), and (19), 
     respectively;
       (2) by inserting after paragraph (3) the following:
       ``(4) Conditions of use.--The term `conditions of use' 
     means the intended, known, or reasonably foreseeable 
     circumstances the Administrator determines a chemical 
     substance is manufactured, processed, distributed in 
     commerce, used, or disposed of.'';
       (3) by inserting after paragraph (10) (as so redesignated) 
     the following:
       ``(11) Potentially exposed or susceptible population.--The 
     term `potentially exposed or susceptible population' means 1 
     or more groups--
       ``(A) of individuals within the general population who may 
     be--
       ``(i) differentially exposed to chemical substances under 
     the conditions of use; or
       ``(ii) susceptible to greater adverse health consequences 
     from chemical exposures than the general population; and
       ``(B) that when identified by the Administrator may include 
     such groups as infants, children, pregnant women, workers, 
     and the elderly.''; and
       (4) by inserting after paragraph (13) (as so redesignated) 
     the following:
       ``(14) Safety assessment.--The term `safety assessment' 
     means an assessment of the risk posed by a chemical substance 
     under the conditions of use, integrating hazard, use, and 
     exposure information regarding the chemical substance.
       ``(15) Safety determination.--The term `safety 
     determination' means a determination by the Administrator as 
     to whether a chemical substance meets the safety standard 
     under the conditions of use.
       ``(16) Safety standard.--The term `safety standard' means a 
     standard that ensures, without taking into consideration cost 
     or other nonrisk factors, that no unreasonable risk of injury 
     to health or the environment will result from exposure to a 
     chemical substance under the conditions of use, including no 
     unreasonable risk of injury to--
       ``(A) the general population; or
       ``(B) any potentially exposed or susceptible population 
     that the Administrator has identified as relevant to the 
     safety assessment and safety determination for a chemical 
     substance.''.

     SEC. 4. POLICIES, PROCEDURES, AND GUIDANCE.

       The Toxic Substances Control Act is amended by inserting 
     after section 3 (15 U.S.C. 2602) the following:

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

       ``(a) Definition of Guidance.--In this section, the term 
     `guidance' includes any significant written guidance of 
     general applicability prepared by the Administrator.
       ``(b) Deadline.--Not later than 2 years after the date of 
     enactment of the Frank R. Lautenberg Chemical Safety for the 
     21st Century Act, the Administrator shall develop, after 
     providing public notice and an opportunity for comment, any 
     policies, procedures, and guidance the Administrator 
     determines to be necessary to carry out sections 4, 4A, 5, 
     and 6, including the policies, procedures, and guidance 
     required by this section.
       ``(c) Use of Science.--
       ``(1) In general.--The Administrator shall establish 
     policies, procedures, and guidance on the use of science in 
     making decisions under sections 4, 4A, 5, and 6.
       ``(2) Goal.--A goal of the policies, procedures, and 
     guidance described in paragraph (1) shall be to make the 
     basis of decisions clear to the public.
       ``(3) Requirements.--The policies, procedures, and guidance 
     issued under this section shall ensure that--
       ``(A) decisions made by the Administrator--
       ``(i) are based on information, procedures, measures, 
     methods, and models employed in a manner consistent with the 
     best available science;
       ``(ii) take into account the extent to which--

       ``(I) assumptions and methods are clearly and completely 
     described and documented;
       ``(II) variability and uncertainty are evaluated and 
     characterized; and
       ``(III) the information has been subject to independent 
     verification and peer review; and

       ``(iii) are based on the weight of the scientific evidence, 
     by which the Administrator considers all information in a 
     systematic and integrative framework to consider the 
     relevance of different information;
       ``(B) to the extent practicable and if appropriate, the use 
     of peer review, standardized test design and methods, 
     consistent data evaluation procedures, and good laboratory 
     practices will be encouraged;
       ``(C) a clear description of each individual and entity 
     that funded the generation or assessment of information, and 
     the degree of control those individuals and entities had over 
     the generation, assessment, and dissemination of information 
     (including control over the design of the work and the 
     publication of information) is made available; and
       ``(D) if appropriate, the recommendations in reports of the 
     National Academy of Sciences that provide advice regarding 
     assessing the hazards, exposures, and risks of chemical 
     substances are considered.
       ``(d) Existing EPA Policies, Procedures, and Guidance.--The 
     policies, procedures, and guidance described in subsection 
     (b) shall incorporate existing relevant policies, procedures, 
     and guidance, as appropriate and consistent with this Act.
       ``(e) Review.--Not later than 5 years after the date of 
     enactment of the Frank R. Lautenberg Chemical Safety for the 
     21st Century Act, and not less frequently than once every 5 
     years thereafter, the Administrator shall--
       ``(1) review the adequacy of any policies, procedures, and 
     guidance developed under this section, including animal, 
     nonanimal, and epidemiological test methods and procedures 
     for assessing and determining risk under this Act; and
       ``(2) after providing public notice and an opportunity for 
     comment, revise the policies, procedures, and guidance if 
     necessary to reflect new scientific developments or 
     understandings.
       ``(f) Sources of Information.--In carrying out sections 4, 
     4A, 5, and 6, the Administrator shall take into consideration 
     information relating to a chemical substance, including 
     hazard and exposure information, under the 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 or processors of a substance;
       ``(B) the public;
       ``(C) other Federal departments or agencies; or
       ``(D) the Governor of a State or a State agency with 
     responsibility for protecting health or the environment;
       ``(2) submitted to a governmental entity in any 
     jurisdiction pursuant to a governmental requirement relating 
     to the protection of health or 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.
       ``(g) Testing of Chemical Substances and Mixtures.--
       ``(1) In general.--The Administrator shall establish 
     policies, procedures, and guidance for the testing of 
     chemical substances or mixtures under section 4.
       ``(2) Goal.--A goal of the policies, procedures, and 
     guidance established under paragraph (1) shall be to make the 
     basis of decisions clear to the public.
       ``(3) Contents.--The policies, procedures, and guidance 
     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, subject to the condition that the 
     Administrator shall not interpret the lack of exposure 
     information as a lack of exposure or exposure potential; and
       ``(B) describe the manner in which the Administrator will 
     determine that additional information is necessary to carry 
     out this Act, including information relating to potentially 
     exposed or susceptible populations.
       ``(4) Epidemiological studies.--Before prescribing 
     epidemiological studies of employees, the Administrator shall 
     consult with the Director of the National Institute for 
     Occupational Safety and Health.
       ``(h) Safety Assessments and Safety Determinations.--
       ``(1) Schedule.--
       ``(A) In general.--The Administrator shall inform the 
     public regarding the schedule and the resources necessary for 
     the completion of each safety assessment and safety 
     determination as soon as practicable after designation as a 
     high-priority substance pursuant to section 4A.
       ``(B) Differing times.--The Administrator may allot 
     different times for different chemical substances in the 
     schedules under this paragraph, subject to the condition that 
     all schedules shall comply with the deadlines established 
     under section 6.
       ``(C) Annual plan.--
       ``(i) In general.--At the beginning of each calendar year, 
     the Administrator shall publish an annual plan.
       ``(ii) Inclusions.--The annual plan shall--

[[Page 7015]]

       ``(I) identify the substances subject to safety assessments 
     and safety determinations to be completed that year;
       ``(II) describe the status of each safety assessment and 
     safety determination that has been initiated but not yet 
     completed, including milestones achieved since the previous 
     annual report; and
       ``(III) if the schedule for completion of a safety 
     assessment and safety determination prepared pursuant to 
     subparagraph (A) has changed, include an updated schedule for 
     that safety assessment and safety determination.

       ``(2) Policies and procedures for safety assessments and 
     safety determinations.--
       ``(A) In general.--The Administrator shall establish, by 
     rule, policies and procedures regarding the manner in which 
     the Administrator shall carry out section 6.
       ``(B) Goal.--A goal of the policies and procedures under 
     this paragraph shall be to make the basis of decisions of the 
     Administrator clear to the public.
       ``(C) Minimum requirements.--The policies and procedures 
     under this paragraph shall, at a minimum--
       ``(i) describe--

       ``(I) the manner in which the Administrator will identify 
     informational needs and seek that information from the 
     public;
       ``(II) the information (including draft safety assessments) 
     that may be submitted by interested individuals or entities, 
     including States; and
       ``(III) the criteria by which information submitted by 
     interested individuals or entities will be evaluated;

       ``(ii) require that each draft and final safety assessment 
     and safety determination of the Administrator include a 
     description of--

       ``(I)(aa) the scope of the safety assessment and safety 
     determination to be conducted under section 6, including the 
     hazards, exposures, and conditions of use of the chemical 
     substance, and potentially exposed and susceptible 
     populations that the Administrator has identified as 
     relevant; and
       ``(bb) the basis for the scope of the safety assessment and 
     safety determination;
       ``(II) the manner in which aggregate exposures, or 
     significant subsets of exposures, to a chemical substance 
     under the conditions of use were considered, and the basis 
     for that consideration;
       ``(III) the weight of the scientific evidence of risk; and
       ``(IV) the information regarding the impact on health and 
     the environment of the chemical substance that was used to 
     make the assessment or determination, including, as 
     available, mechanistic, animal toxicity, and epidemiology 
     studies;

       ``(iii) 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 safety 
     assessment or safety determination; and
       ``(iv) when relevant information is provided or otherwise 
     made available to the Administrator, require the 
     Administrator to consider the extent of Federal regulation 
     under other Federal laws.
       ``(D) Guidance.--
       ``(i) In general.--Not later than 1 year after the date of 
     enactment of the Frank R. Lautenberg Chemical Safety for the 
     21st Century Act, the Administrator shall develop guidance to 
     assist interested persons in developing their own draft 
     safety assessments and other information for submission to 
     the Administrator, which may be considered by the 
     Administrator.
       ``(ii) Requirement.--The guidance shall, at a minimum, 
     address the quality of the information submitted and the 
     process to be followed in developing a draft safety 
     assessment for consideration by the Administrator.
       ``(i) Publicly Available Information.--Subject to section 
     14, the Administrator shall--
       ``(1) make publicly available 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--
       ``(A) the list of studies considered by the Administrator 
     in carrying out the safety assessment or safety 
     determination; and
       ``(B) the list of policies, procedures, and guidance that 
     were followed in carrying out the safety assessment or safety 
     determination.
       ``(j) Consultation With Science Advisory Committee on 
     Chemicals.--
       ``(1) Establishment.--Not later than 1 year after the date 
     of enactment of this section, the Administrator shall 
     establish an advisory committee, to be known as the `Science 
     Advisory Committee on Chemicals' (referred to in this 
     subsection as the `Committee').
       ``(2) Purpose.--The purpose of the Committee shall be to 
     provide independent advice and expert consultation, on the 
     request of the Administrator, with respect to the scientific 
     and technical aspects of issues relating to the 
     implementation of this title.
       ``(3) Composition.--The Committee shall be composed of 
     representatives of such science, government, labor, public 
     health, public interest, animal protection, industry, and 
     other groups as the Administrator determines to be advisable, 
     including, 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.
       ``(4) Schedule.--The Administrator shall convene the 
     Committee in accordance with such schedule as the 
     Administrator determines to be appropriate, but not less 
     frequently than once every 2 years.
       ``(5) Relationship to other law.--All proceedings and 
     meetings of the Committee shall be subject to the Federal 
     Advisory Committee Act (5 U.S.C. App.).''.

     SEC. 5. TESTING OF CHEMICAL SUBSTANCES OR MIXTURES.

       (a) In General.--Section 4 of the Toxic Substances Control 
     Act (15 U.S.C. 2603) is amended--
       (1) by striking subsections (a), (b), (c), (d), (e), and 
     (g);
       (2) in subsection (f)--
       (A) in the first sentence--
       (i) by striking ``from cancer, gene mutations, or birth 
     defects''; and
       (ii) by inserting ``, without taking into account cost or 
     other nonrisk factors'' before the period at the end; and
       (B) by striking the last sentence; and
       (3) by inserting before subsection (f) the following:
       ``(a) Development of New Information on Chemical Substances 
     and Mixtures.--
       ``(1) In general.--The Administrator may require the 
     development of new information relating to a chemical 
     substance or mixture in accordance with this section if the 
     Administrator determines that the information is necessary--
       ``(A) to review a notice under section 5(d) or to perform a 
     safety assessment or safety determination under section 6;
       ``(B) to implement a requirement imposed in a consent 
     agreement or order issued under section 5(d)(4) or under a 
     rule promulgated under section 6(d)(3);
       ``(C) pursuant to section 12(a)(4); or
       ``(D) at the request of the implementing authority under 
     another Federal law, to meet the regulatory testing needs of 
     that authority.
       ``(2) Limited testing for prioritization purposes.--
       ``(A) In general.--Except as provided in subparagraph (B), 
     the Administrator may require the development of new 
     information for the purposes of section 4A.
       ``(B) Prohibition.--Testing required under subparagraph (A) 
     shall not be required for the purpose of establishing or 
     implementing a minimum information requirement.
       ``(C) Limitation.--The Administrator may require the 
     development of new information pursuant to subparagraph (A) 
     only if the Administrator determines that additional 
     information is necessary to establish the priority of a 
     chemical substance.
       ``(3) Form.--The Administrator may require the development 
     of 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) test protocols and methodologies for the 
     development of information for the chemical substance or 
     mixture, including specific reference to any reliable 
     nonanimal test procedures; and
       ``(iv) specification of the period within which individuals 
     and entities required to conduct the testing shall submit to 
     the Administrator the information developed in accordance 
     with the procedures described in clause (iii).
       ``(B) Considerations.--In determining the procedures and 
     period to be required under subparagraph (A), the 
     Administrator shall take into consideration--
       ``(i) the relative costs of the various test protocols and 
     methodologies that may be required;
       ``(ii) the reasonably foreseeable availability of 
     facilities and personnel required to perform the testing; and
       ``(iii) the deadlines applicable to the Administrator under 
     section 6(a).
       ``(5) Consideration of federal agency recommendations.--The 
     Administrator shall consider the recommendations of other 
     Federal agencies regarding the chemical substances and 
     mixtures to which the Administrator shall give priority 
     consideration under this section.
       ``(b) Statement of Need.--
       ``(1) In general.--In promulgating a rule, entering into a 
     testing consent agreement, or issuing an order for the 
     development of additional information (including information 
     on exposure or exposure potential) pursuant to 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 vertebrate animals.
       ``(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 why issuance of an order is 
     warranted instead of promulgating a rule or entering into a 
     testing consent agreement.
       ``(B) Contents.--A statement described in subparagraph (A) 
     shall contain a description of--

[[Page 7016]]

       ``(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 Vertebrates.--
       ``(1) In general.--The Administrator shall minimize, to the 
     extent practicable, the use of vertebrate animals in testing 
     of chemical substances or mixtures, by--
       ``(A) prior to making a request or adopting a requirement 
     for testing using vertebrate animals, taking into 
     consideration, as appropriate and to the extent practicable, 
     reasonably available--
       ``(i) toxicity information;
       ``(ii) computational toxicology and bioinformatics;
       ``(iii) high-throughput screening methods and the 
     prediction models of those methods; and
       ``(iv) scientifically reliable and relevant alternatives to 
     tests on animals that would provide equivalent information;
       ``(B) 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 animals while providing information of high 
     scientific quality;
       ``(iv) the grouping of 2 or more chemical substances into 
     scientifically appropriate categories in cases in which 
     testing of a chemical substance would provide reliable and 
     useful information on other chemical substances 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--

       ``(I) animal-based studies; and
       ``(II) emerging methods and models; and

       ``(C) 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 vertebrate animals, the 
     Administrator shall--
       ``(A) not later than 2 years after the date of enactment of 
     the Frank R. Lautenberg Chemical Safety for the 21st Century 
     Act, develop a strategic plan to promote the development and 
     implementation of alternative test methods and testing 
     strategies to generate information under this title that can 
     reduce, refine, or replace the use of vertebrate animals, 
     including toxicity pathway-based risk assessment, in vitro 
     studies, systems biology, computational toxicology, 
     bioinformatics, and high-throughput screening;
       ``(B) as practicable, ensure that the strategic plan 
     developed under subparagraph (A) is reflected in the 
     development of requirements for testing under this section;
       ``(C) identify in the strategic plan developed under 
     subparagraph (A) particular alternative test methods or 
     testing strategies that do not require new vertebrate animal 
     testing and are scientifically reliable, relevant, and 
     capable of providing information of equivalent scientific 
     reliability and quality to that which would be obtained from 
     vertebrate animal testing;
       ``(D) provide an opportunity for public notice and comment 
     on the contents of the plan developed under subparagraph (A), 
     including the criteria for considering scientific 
     reliability, relevance, and equivalent information and the 
     test methods and strategies identified in subparagraph (C);
       ``(E) beginning on the date that is 5 years after the date 
     of enactment of the Frank R. Lautenberg Chemical Safety for 
     the 21st Century Act and every 5 years thereafter, submit to 
     Congress a report that describes the progress made in 
     implementing this subsection and goals for future alternative 
     test methods implementation;
       ``(F) 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 vertebrate animals in 
     any testing under this title; and
       ``(G) identify synergies with the related information 
     requirements of other jurisdictions to minimize the potential 
     for additional or duplicative testing.
       ``(3) Criteria for adapting or waiving animal testing 
     requirements.--On request from a manufacturer or processor 
     that is required to conduct testing of a chemical substance 
     or mixture on vertebrate animals under this section, the 
     Administrator may adapt or waive the requirement, if the 
     Administrator determines that--
       ``(A) there is sufficient evidence from several independent 
     sources of information to support a conclusion that a 
     chemical substance or mixture has, or does not have, a 
     particular property if the information from each individual 
     source alone is insufficient to support the conclusion;
       ``(B) as a result of 1 or more physical or chemical 
     properties of the chemical substance or mixture or other 
     toxicokinetic considerations--
       ``(i) the substance cannot be absorbed; or
       ``(ii) testing for a specific endpoint is technically not 
     practicable to conduct; or
       ``(C) a chemical substance or mixture cannot be tested in 
     vertebrate animals at concentrations that do not result in 
     significant pain or distress, because of physical or chemical 
     properties of the chemical substance or mixture, such as a 
     potential to cause severe corrosion or severe irritation to 
     the tissues of the animal.
       ``(4) Voluntary testing.--
       ``(A) In general.--Any person developing information for 
     submission under this title on a voluntary basis and not 
     pursuant to any request or requirement by the Administrator 
     shall first attempt to develop the information by means of an 
     alternative or nonanimal test method or testing strategy that 
     the Administrator has determined under paragraph (2)(C) to be 
     scientifically reliable, relevant, and capable of providing 
     equivalent information, before conducting new animal testing.
       ``(B) Effect of paragraph.--Nothing in this paragraph--
       ``(i) requires the Administrator to review the basis on 
     which the person is conducting testing described in 
     subparagraph (A);
       ``(ii) prohibits the use of other test methods or testing 
     strategies by any person for purposes other than developing 
     information for submission under this title on a voluntary 
     basis; or
       ``(iii) prohibits the use of other test methods or testing 
     strategies by any person, subsequent to the attempt to 
     develop information using the test methods and testing 
     strategies identified by the Administrator under paragraph 
     (2)(C).
       ``(d) Testing Requirements.--
       ``(1) In general.--The Administrator may require the 
     development of information by--
       ``(A) manufacturers and processors of the chemical 
     substance or mixture; and
       ``(B) persons that begin to manufacture or process the 
     chemical substance or mixture after the effective date of the 
     rule, testing consent agreement, or order.
       ``(2) Designation.--The Administrator may permit 2 or more 
     persons identified in subparagraph (A) or (B) of paragraph 
     (1) to designate 1 of the persons 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 submission of information by the applicant 
     on the chemical substance or mixture would be duplicative 
     of--
       ``(i) information on the chemical substance or mixture 
     that--

       ``(I) has been submitted to the Administrator pursuant to a 
     rule, consent agreement, or order under this section; or
       ``(II) is being developed by a person designated under 
     paragraph (2); or

       ``(ii) information on an equivalent chemical substance or 
     mixture that--

       ``(I) has been submitted to the Administrator pursuant to a 
     rule, consent agreement, or order under this section; or
       ``(II) 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), before the end 
     of the reimbursement period described in clause (iii), 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 
     designee.
       ``(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.
       ``(iii) Reimbursement period.--For the purposes of this 
     subparagraph, the reimbursement period for any information 
     for a chemical substance or mixture is a period--

       ``(I) beginning on the date the information is submitted in 
     accordance with a rule, testing consent agreement, or order 
     under this section; and
       ``(II) ending on the later of--

       ``(aa) 5 years after the date referred to in subclause (I); 
     or
       ``(bb) the last day of the period that begins on the date 
     referred to in subclause (I) and that is equal to the period 
     that the Administrator determines was necessary to develop 
     the information.
       ``(C) Termination.--If, after granting an exemption under 
     this paragraph, the Administrator determines that no person 
     designated under paragraph (2) 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 that received an 
     exemption of the requirements with respect to which the 
     exemption was granted.
       ``(4) Tiered testing.--
       ``(A) In general.--Except as provided in subparagraph (D), 
     the Administrator shall employ a tiered screening and testing 
     process, under which the results of screening-level tests or 
     assessments of available information inform the decision as 
     to whether 1 or more additional tests are necessary.
       ``(B) Screening-level tests.--
       ``(i) In general.--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 or exposure potential, 
     as appropriate.
       ``(ii) Use.--Screening-level tests shall be used--

[[Page 7017]]

       ``(I) to screen chemical substances or mixtures for 
     potential adverse effects; and
       ``(II) to inform a decision of the Administrator regarding 
     whether more complex or targeted additional testing is 
     necessary.

       ``(C) Additional testing.--If the Administrator determines 
     under subparagraph (B) that additional testing is necessary 
     to provide more definitive information for safety assessments 
     or safety determinations, the Administrator may require more 
     advanced tests for potential health or environmental effects 
     or exposure potential.
       ``(D) 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 
     testing, pursuant to guidance developed by the Administrator 
     under this section.
       ``(e) Transparency.--Subject to section 14, the 
     Administrator shall make available to the public all testing 
     consent agreements and orders and all information submitted 
     under this section.''.
       (b) Conforming Amendment.--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 in 
     the third sentence by inserting ``(as in effect on the day 
     before the date of enactment of the Frank R. Lautenberg 
     Chemical Safety for the 21st Century Act)'' after ``Toxic 
     Substances Control Act''.

     SEC. 6. PRIORITIZATION SCREENING.

       The Toxic Substances Control Act is amended by inserting 
     after section 4 (15 U.S.C. 2603) the following:

     ``SEC. 4A. PRIORITIZATION SCREENING.

       ``(a) Prioritization Screening Process and List of 
     Substances.--
       ``(1) In general.--Not later than 1 year after the date of 
     enactment of this section, the Administrator shall establish, 
     by rule, a risk-based 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 (referred to in this Act as 
     `high-priority substances'); and
       ``(B) a low priority for a safety assessment and safety 
     determination (referred to in this Act as `low-priority 
     substances').
       ``(2) Initial and subsequent lists of high- and low-
     priority substances.--
       ``(A) In general.--Before the date of promulgation of the 
     rule under paragraph (1) and not later than 180 days after 
     the date of enactment of this section, the Administrator 
     shall publish an initial list of high-priority substances and 
     low-priority substances.
       ``(B) Requirements.--
       ``(i) In general.--The initial list of chemical substances 
     shall contain at least 10 high-priority substances, at least 
     5 of which are drawn from the list of chemical substances 
     identified by the Administrator in the October 2014 TSCA Work 
     Plan and subsequent updates, and at least 10 low-priority 
     substances.
       ``(ii) Subsequently identified substances.--Insofar as 
     possible, at least 50 percent of all substances subsequently 
     identified by the Administrator as high-priority substances 
     shall be drawn from the list of chemical substances 
     identified by the Administrator in the October 2014 TSCA Work 
     Plan and subsequent updates, until all Work Plan chemicals 
     have been designated under this subsection.
       ``(iii) Preferences.--

       ``(I) In general.--In developing the initial list and in 
     identifying additional high-priority substances, the 
     Administrator shall give preference to--

       ``(aa) chemical substances that, with respect to 
     persistence and bioaccumulation, score high for 1 and either 
     high or moderate for the other, pursuant to the TSCA Work 
     Plan Chemicals Methods Document published by the 
     Administrator in February 2012; and
       ``(bb) chemical substances listed in the October 2014 TSCA 
     Work Plan and subsequent updates that are known human 
     carcinogens and have high acute and chronic toxicity.

       ``(II) Metals and metal compounds.--In prioritizing and 
     assessing metals and metal compounds, the Administrator shall 
     use the Framework for Metals Risk Assessment of the Office of 
     the Science Advisor, Risk Assessment Forum, and dated March 
     2007 (or a successor document), and may use other applicable 
     information consistent with the best available science.

       ``(C) Additional chemical reviews.--The Administrator 
     shall, as soon as practicable and not later than--
       ``(i) 3 years after the date of enactment of the Frank R. 
     Lautenberg Chemical Safety for the 21st Century Act, add 
     additional high-priority substances sufficient to ensure that 
     at least a total of 20 high-priority substances have 
     undergone or are undergoing the process established in 
     section 6(a), and additional low-priority substances 
     sufficient to ensure that at least a total of 20 low-priority 
     substances have been designated; and
       ``(ii) 5 years after the date of enactment of the Frank R. 
     Lautenberg Chemical Safety for the 21st Century Act, add 
     additional high-priority substances sufficient to ensure that 
     at least a total of 25 high-priority substances have 
     undergone or are undergoing the process established in 
     section 6(a), and additional low-priority substances 
     sufficient to ensure that at least a total of 25 low-priority 
     substances have been designated.
       ``(3) Implementation.--
       ``(A) Consideration of active and inactive substances.--
       ``(i) Active substances.--In implementing the 
     prioritization screening process established under paragraph 
     (1), the Administrator shall take into consideration active 
     substances, as determined under section 8, which may include 
     chemical substances on the interim list of active substances 
     established under that section.
       ``(ii) Inactive substances.--In implementing the 
     prioritization screening process established under paragraph 
     (1), the Administrator may take into consideration 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 substances; 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 substances; and
       ``(bb) with respect to which there exists the potential for 
     residual high hazards or widespread exposures not otherwise 
     addressed by the regulatory or other action.

       ``(iii) Repopulation.--

       ``(I) In general.--On the completion of a safety 
     determination under section 6 for a chemical substance, the 
     Administrator shall remove the chemical substance from the 
     list of high-priority substances established under this 
     subsection.
       ``(II) Additions.--The Administrator shall add at least 1 
     chemical substance to the list of high-priority substances 
     for each chemical substance removed from the list of high-
     priority substances established under this subsection, until 
     a safety assessment and safety determination is completed for 
     all chemical substances not designated as high-priority.

       ``(B) Timely completion of prioritization screening 
     process.--
       ``(i) In general.--The Administrator shall--

       ``(I) except as provided under paragraph (2), not later 
     than 180 days after the effective date of the final rule 
     under paragraph (1), begin the prioritization screening 
     process; and
       ``(II) make every effort to complete the designation of all 
     active substances as high-priority substances or low-priority 
     substances in a timely manner.

       ``(ii) Decisions on substances subject to testing for 
     prioritization purposes.--Not later than 90 days after the 
     date of receipt of information regarding a chemical substance 
     complying with a rule, testing consent agreement, or order 
     issued under section 4(a)(2), the Administrator shall 
     designate the chemical substance as a high-priority substance 
     or low-priority substance.
       ``(iii) Consideration.--

       ``(I) In general.--The Administrator shall screen 
     substances and designate high-priority substances consistent 
     with the ability of the Administrator to schedule and 
     complete safety assessments and safety determinations under 
     section 6 in accordance with the deadlines under subsection 
     (a) of that section.
       ``(II) Annual goal.--The Administrator shall publish an 
     annual goal for the number of chemical 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 designations of high-priority 
     substances and low-priority substances and safety assessments 
     and safety determinations for high-priority substances.
       ``(D) Publication of list of chemical substances.--The 
     Administrator shall keep current and publish a list of 
     chemical substances that includes and identifies substances--
       ``(i) that are being considered in the prioritization 
     screening process and the status of the substances in the 
     prioritization process;
       ``(ii) for which prioritization decisions have been 
     postponed pursuant to subsection (b)(5), including the basis 
     for the postponement; and
       ``(iii) that are designated as high-priority substances or 
     low-priority substances, including the bases for such 
     designations.
       ``(4) Criteria.--The criteria described in paragraph (1) 
     shall account for--
       ``(A) the recommendation of the Governor of a State or a 
     State agency with responsibility for protecting health or the 
     environment from chemical substances appropriate for 
     prioritization screening;
       ``(B) the hazard and exposure potential of the chemical 
     substance (or category of substances), including persistence, 
     bioaccumulation, and specific scientific classifications and 
     designations by authoritative governmental entities;
       ``(C) the conditions of use or significant changes in the 
     conditions of use of the chemical substance;
       ``(D) evidence and indicators of exposure potential to 
     humans or the environment from the chemical substance, 
     including potentially exposed or susceptible populations and 
     storage near significant sources of drinking water;
       ``(E) the volume of a chemical substance manufactured or 
     processed;
       ``(F) whether the volume of a chemical substance as 
     reported pursuant to a rule promulgated pursuant to section 
     8(a) has significantly increased or decreased;
       ``(G) the availability of information regarding potential 
     hazards and exposures required for conducting a safety 
     assessment or safety determination, with limited availability 
     of relevant information to be a sufficient basis for 
     designating a chemical substance as a high-priority 
     substance, subject to the condition that limited

[[Page 7018]]

     availability shall not require designation as a high-priority 
     substance; and
       ``(H) the extent of Federal or State regulation of the 
     chemical substance or the extent of the impact of State 
     regulation of the chemical substance on the United States, 
     with existing Federal or State regulation of any uses 
     evaluated in the prioritization screening process as a factor 
     in designating a chemical substance to be a high-priority or 
     a low-priority substance.
       ``(b) Prioritization Screening Process and Decisions.--
       ``(1) In general.--In implementing the prioritization 
     screening process developed under subsection (a), the 
     Administrator shall--
       ``(A) identify the chemical substances being considered for 
     prioritization;
       ``(B) request interested persons to supply information 
     regarding the chemical substances being considered;
       ``(C) apply the criteria identified in subsection (a)(4); 
     and
       ``(D) subject to paragraph (5) 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) Reasonably available information.--The prioritization 
     screening decision regarding a chemical substance shall 
     consider any hazard and exposure information relating to the 
     chemical substance that is reasonably available to the 
     Administrator.
       ``(3) Identification of high-priority substances.--The 
     Administrator--
       ``(A) shall identify as a high-priority substance a 
     chemical substance that, relative to other active chemical 
     substances, the Administrator determines has the potential 
     for significant hazard and significant exposure;
       ``(B) may identify as a high-priority substance a chemical 
     substance that, relative to other active chemical substances, 
     the Administrator determines has the potential for 
     significant hazard or significant exposure; and
       ``(C) may identify as a high-priority substance an inactive 
     substance, as determined under subsection (a)(3)(A)(ii) and 
     section 8(b), that the Administrator determines warrants a 
     safety assessment and safety determination under section 6.
       ``(4) Identification of low-priority substances.--The 
     Administrator shall identify as a low-priority substance a 
     chemical substance that the Administrator concludes has 
     information sufficient to establish that the chemical 
     substance is likely to meet the safety standard.
       ``(5) Postponing a decision.--If the Administrator 
     determines that additional information is needed to establish 
     the priority of a chemical substance under this section, the 
     Administrator may postpone a prioritization screening 
     decision for a reasonable period--
       ``(A) to allow for the submission of additional information 
     by an interested person and for the Administrator to evaluate 
     the additional information; or
       ``(B) to require the development of information pursuant to 
     a rule, testing consent agreement, or order issued under 
     section 4(a)(2).
       ``(6) 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 the information.
       ``(7) Notice and comment.--The Administrator shall--
       ``(A) publish, including in the Federal Register, the 
     proposed decisions made under paragraphs (3), (4), and (5) 
     and the basis for the decisions;
       ``(B) identify the information and analysis on which the 
     decisions are based; and
       ``(C) provide 90 days for public comment.
       ``(8) Revisions of prior designations.--
       ``(A) In general.--At any time, the Administrator may 
     revise the designation of a chemical substance as a high-
     priority substance or a low-priority substance based on 
     information available to the Administrator after the date of 
     the determination under paragraph (3) or (4).
       ``(B) Limited availability.--If limited availability of 
     relevant information was a basis in the designation of a 
     chemical substance as a high-priority substance, the 
     Administrator shall reevaluate the prioritization screening 
     of the chemical substance on receiving the relevant 
     information.
       ``(9) Other information relevant to prioritization.--
       ``(A) In general.--If, after the date of enactment of the 
     Frank R. Lautenberg Chemical Safety for the 21st Century Act, 
     a State proposes an administrative action or enacts a statute 
     or takes an administrative action to prohibit or otherwise 
     restrict the manufacturing, processing, distribution in 
     commerce, or use of a chemical substance that the 
     Administrator has not designated as a high-priority 
     substance, the Governor or State agency with responsibility 
     for implementing the statute or administrative action shall 
     notify the Administrator.
       ``(B) Requests for information.--Following receipt of a 
     notification provided under subparagraph (A), the 
     Administrator may request any available information from the 
     Governor or the State agency with respect to--
       ``(i) scientific evidence related to the hazards, exposures 
     and risks of the chemical substance under the conditions of 
     use which the statute or administrative action is intended to 
     address;
       ``(ii) any State or local conditions which warranted the 
     statute or administrative action;
       ``(iii) the statutory or administrative authority on which 
     the action is based; and
       ``(iv) any other available information relevant to the 
     prohibition or other restriction, including information on 
     any alternatives considered and their hazards, exposures, and 
     risks.
       ``(C) Prioritization screening.--The Administrator shall 
     conduct a prioritization screening under this subsection for 
     all substances that--
       ``(i) are the subject of notifications received under 
     subparagraph (A); and
       ``(ii) the Administrator determines--

       ``(I) are likely to have significant health or 
     environmental impacts;
       ``(II) are likely to have significant impact on interstate 
     commerce; or
       ``(III) have been subject to a prohibition or other 
     restriction under a statute or administrative action in 2 or 
     more States.

       ``(D) Post-prioritization notice.--If, after the date of 
     enactment of the Frank R. Lautenberg Chemical Safety for the 
     21st Century Act, a State proposes or takes an administrative 
     action or enacts a statute to prohibit or otherwise restrict 
     the manufacturing, processing, distribution in commerce, or 
     use of a high-priority substance, after the date on which the 
     deadline established pursuant to subsection (a) of section 6 
     for completion of the safety determination under that 
     subsection expires but before the date on which the 
     Administrator publishes the safety determination under that 
     subsection, the Governor or State agency with responsibility 
     for implementing the statute or administrative action shall--
       ``(i) notify the Administrator; and
       ``(ii) provide the scientific and legal basis for the 
     action.
       ``(E) Availability to public.--Subject to section 14 and 
     any applicable State law regarding the protection of 
     confidential information provided to the State or to the 
     Administrator, the Administrator shall make information 
     received from a Governor or State agency under subparagraph 
     (A) publicly available.
       ``(F) Effect of paragraph.--Nothing in this paragraph shall 
     preempt a State statute or administrative action, require 
     approval of a State statute or administrative action, or 
     apply section 15 to a State.
       ``(10) Review.--Not less frequently than once every 5 years 
     after the date on which the process under this subsection is 
     established, the Administrator shall--
       ``(A) review the process on the basis of experience and 
     taking into consideration resources available to efficiently 
     and effectively screen and prioritize chemical substances; 
     and
       ``(B) if necessary, modify the prioritization screening 
     process.
       ``(11) Effect.--Subject to section 18, a designation by the 
     Administrator under this section with respect to a chemical 
     substance shall not affect--
       ``(A) the manufacture, processing, distribution in 
     commerce, use, or disposal of the chemical substance; or
       ``(B) the regulation of those activities.
       ``(c) Additional Priorities for Safety Assessments and 
     Determinations.--
       ``(1) Requirements.--
       ``(A) In general.--The rule promulgated under subsection 
     (a) shall--
       ``(i) include a process by which a manufacturer or 
     processor of an active chemical substance that has not been 
     designated a high-priority substance or is not in the process 
     of a prioritization screening by the Administrator, may 
     request that the Administrator designate the substance as an 
     additional priority for a safety assessment and safety 
     determination, subject to the payment of fees pursuant to 
     section 26(b)(3)(D);
       ``(ii) specify the information to be provided in such 
     requests; and
       ``(iii) specify the criteria (which may include criteria 
     identified in subsection (a)(4)) that the Administrator shall 
     use to determine whether or not to grant such a request, 
     which shall include whether the substance is subject to 
     restrictions imposed by statutes enacted or administrative 
     actions taken by 1 or more States on the manufacture, 
     processing, distribution in commerce, or use of the 
     substance.
       ``(B) Preference.--Subject to paragraph (2), in deciding 
     whether to grant requests under this subsection the 
     Administrator shall give a preference to requests concerning 
     substances for which the Administrator determines that 
     restrictions imposed by 1 or more States have the potential 
     to have a significant impact on interstate commerce or health 
     or the environment.
       ``(C) Exceptions.--Chemical substances for which requests 
     have been granted under this subsection shall not be subject 
     to subsection (a)(3)(A)(iii) or section 18(b).
       ``(2) Limitations.--In considering whether to grant a 
     request submitted under paragraph (1), the Administrator 
     shall ensure that--
       ``(A) the number of substances designated to undergo safety 
     assessments and safety determinations under the process and 
     criteria pursuant to paragraph (1) is not less than 25 
     percent, or more than 30 percent, of the cumulative number of 
     substances designated to undergo safety assessments and 
     safety determinations under subsections (a)(2) and (b)(3) 
     (except that if less than 25 percent are received by the 
     Administrator, the Administrator shall grant each request 
     that meets the requirements of paragraph (1));
       ``(B) the resources allocated to conducting safety 
     assessments and safety determinations for additional 
     priorities designated under this subsection are proportionate 
     to the number of such substances relative to the total number 
     of substances currently designated to undergo safety 
     assessments and safety determinations under this section; and

[[Page 7019]]

       ``(C) the number of additional priority requests stipulated 
     under subparagraph (A) is in addition to the total number of 
     high-priority substances identified under subsections (a)(2) 
     and (b)(3).
       ``(3) Additional review of work plan chemicals for safety 
     assessment and safety determination.--In the case of a 
     request under paragraph (1) with respect to a chemical 
     substance identified by the Administrator in the October 2014 
     TSCA Work Plan--
       ``(A) the 30-percent cap specified in paragraph (2)(A) 
     shall not apply and the addition of Work Plan chemicals shall 
     be at the discretion of the Administrator; and
       ``(B) notwithstanding paragraph (1)(C), requests for 
     additional Work Plan chemicals under this subsection shall be 
     considered high-priority chemicals subject to section 18(b) 
     but not subsection (a)(3)(A)(iii).
       ``(4) Requirements.--
       ``(A) In general.--The public shall be provided notice and 
     an opportunity to comment on requests submitted under this 
     subsection.
       ``(B) Decision by administrator.--Not later than 180 days 
     after the date on which the Administrator receives a request 
     under this subsection, the Administrator shall decide whether 
     or not to grant the request.
       ``(C) Assessment and determination.--If the Administrator 
     grants a request under this subsection, the safety assessment 
     and safety determination--
       ``(i) shall be conducted in accordance with the deadlines 
     and other requirements of sections 3A(i) and 6; and
       ``(ii) shall not be expedited or otherwise subject to 
     special treatment relative to high-priority substances 
     designated pursuant to subsection (b)(3) that are undergoing 
     safety assessments and safety determinations.''.

     SEC. 7. NEW CHEMICALS AND SIGNIFICANT NEW USES.

       Section 5 of the Toxic Substances Control Act (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) by striking subsection (b);
       (3) by redesignating subsection (a) as subsection (b);
       (4) by redesignating subsection (i) as subsection (a) and 
     moving the subsection so as to appear at the beginning of the 
     section;
       (5) in subsection (b) (as so redesignated)--
       (A) in the subsection heading, by striking ``In General'' 
     and inserting ``Notices'';
       (B) in paragraph (1)--
       (i) in the matter preceding subparagraph (A), by striking 
     ``subsection (h)'' and inserting ``paragraph (3) and 
     subsection (h)''; and
       (ii) in the matter following subparagraph (B)--

       (I) by striking ``subsection (d)'' and inserting 
     ``subsection (c)''; and
       (II) by striking ``and such person complies with any 
     applicable requirement of subsection (b)''; and

       (C) by adding at the end the following:
       ``(3) Article consideration.--The Administrator may require 
     notification under this section for the import or processing 
     of a chemical substance as part of an article or category of 
     articles under paragraph (1)(B) if the Administrator makes an 
     affirmative finding in a rule under paragraph (2) that the 
     reasonable potential for exposure to the chemical substance 
     through the article or category of articles subject to the 
     rule warrants notification.'';
       (6) by redesignating subsections (c) and (d) as subsections 
     (d) and (c), respectively, and moving subsection (c) (as so 
     redesigned) so as appear after subsection (b) (as 
     redesignated by paragraph (3));
       (7) in subsection (c) (as so redesignated)--
       (A) by striking paragraph (1) and inserting the following:
       ``(1) In general.--The notice required by subsection (b) 
     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) all known or reasonably ascertainable information 
     regarding conditions of use and reasonably anticipated 
     exposures.'';
       (B) in paragraph (2)--
       (i) in the matter preceding subparagraph (A)--

       (I) by striking ``subsection (a)'' and inserting 
     ``subsection (b)''; and
       (II) 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 ``subsection (a) and for 
     which the notification period prescribed by subsection (a), 
     (b), or (c)'' and inserting ``subsection (b) and for which 
     the notification period prescribed by subsection (b) or 
     (d)'';
       (8) by striking subsection (d) (as redesignated by 
     paragraph (6)) and inserting the following:
       ``(d) 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 (b), 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 a 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 
     (c)(1); and
       ``(B) any other relevant additional information available 
     to the Administrator.
       ``(3) Determinations.--Before the end of the applicable 
     period for review under paragraph (1), based on the 
     information described in paragraph (2), and subject to 
     section 18(g), the Administrator shall determine that--
       ``(A) the relevant chemical substance or significant new 
     use is not likely to meet the safety standard, in which case 
     the Administrator shall take appropriate action under 
     paragraph (4);
       ``(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 
     paragraphs (4) and (5).
       ``(4) Restrictions.--
       ``(A) Determination by administrator.--
       ``(i) In general.--If the Administrator makes a 
     determination under subparagraph (A) or (C) of paragraph (3) 
     with respect to a notice submitted under subsection (b)--

       ``(I) the Administrator, before the end of the applicable 
     period for review under paragraph (1) and by consent 
     agreement or order, as appropriate, shall prohibit or 
     otherwise restrict the manufacture, processing, use, 
     distribution in commerce, or disposal (as applicable) of the 
     chemical substance, or of the chemical 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; and
       ``(II) no person may commence manufacture of the chemical 
     substance, or manufacture or processing of the chemical 
     substance for a significant new use, except in compliance 
     with the restrictions specified in the consent agreement or 
     order.

       ``(ii) Likely to meet standard.--If the Administrator makes 
     a determination under subparagraph (B) of paragraph (3) with 
     respect to a chemical substance or significant new use for 
     which a notice was submitted under subsection (b), then 
     notwithstanding any remaining portion of the applicable 
     period for review under paragraph (1), the submitter of the 
     notice may commence manufacture for commercial purposes of 
     the chemical substance or manufacture or processing of the 
     chemical substance for a significant new use.
       ``(B) Requirements.--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 pursuant to 
     subsection (b)(2) that identifies as a significant new use 
     any manufacturing, processing, use, distribution in commerce, 
     or disposal of the chemical substance that does not conform 
     to the restrictions imposed by the consent agreement or 
     order; and
       ``(ii)(I) initiate a rulemaking described in clause (i); or
       ``(II) publish a statement describing the reasons of the 
     Administrator for not initiating a rulemaking.
       ``(C) Inclusions.--A prohibition or other restriction under 
     subparagraph (A) may include, as appropriate--
       ``(i) subject to section 18(g), a requirement that a 
     chemical substance shall be marked with, or accompanied by, 
     clear and adequate minimum 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 minimum warnings and instructions to be prescribed by the 
     Administrator
       ``(ii) a requirement that manufacturers or processors of 
     the chemical substance shall--

       ``(I) make and retain records of the processes used to 
     manufacture or process, as applicable, the chemical 
     substance; or
       ``(II) monitor or conduct such additional tests as are 
     reasonably necessary to address potential risks from the 
     manufacture, processing, distribution in commerce, use, or 
     disposal, as applicable, of the chemical substance, subject 
     to section 4;

       ``(iii) a restriction on the quantity of the chemical 
     substance that may be manufactured, processed, or distributed 
     in commerce--

       ``(I) in general; or
       ``(II) for a particular use;

       ``(iv) a prohibition or other restriction of--

       ``(I) the manufacture, processing, or distribution in 
     commerce of the chemical substance for a significant new use;
       ``(II) any method of commercial use of the chemical 
     substance; or
       ``(III) any method of disposal of the chemical substance; 
     or

       ``(v) a prohibition or other restriction on the 
     manufacture, processing, or distribution in commerce of the 
     chemical substance--

       ``(I) in general; or
       ``(II) for a particular use.

       ``(D) Persistent and bioaccumulative substances.--For a 
     chemical substance the Administrator determines, with respect 
     to persistence

[[Page 7020]]

     and bioaccumulation, scores high for 1 and either high or 
     moderate for the other, pursuant to the TSCA Work Plan 
     Chemicals Methods Document published by the Administrator in 
     February 2012, the Administrator shall, in selecting among 
     prohibitions and other restrictions that the Administrator 
     determines are sufficient to ensure that the chemical 
     substance is likely to meet the safety standard, reduce 
     potential exposure to the substance to the maximum extent 
     practicable.
       ``(E) Workplace exposures.--To the extent practicable, the 
     Administrator shall consult with the Assistant Secretary of 
     Labor for Occupational Safety and Health prior to adopting 
     any prohibition or other restriction under this subsection to 
     address workplace exposures.
       ``(F) Definition of requirement.--For purposes of this Act, 
     the term `requirement' as used in this section does not 
     displace common law.
       ``(5) Additional information.--If the Administrator 
     determines under paragraph (3)(C) that additional information 
     is necessary to conduct a review under this subsection, the 
     Administrator--
       ``(A) shall provide an opportunity for the submitter of the 
     notice to submit the 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) on receipt of information the Administrator finds 
     supports the determination under paragraph (3), shall 
     promptly make the determination.'';
       (9) by striking subsections (e) through (g) and inserting 
     the following:
       ``(e) Notice of Commencement.--
       ``(1) In general.--Not later than 30 days after the date on 
     which a manufacturer that has submitted a notice under 
     subsection (b) commences nonexempt commercial manufacture of 
     a chemical substance, the manufacturer shall submit to the 
     Administrator a notice of commencement that identifies--
       ``(A) the name of the manufacturer; and
       ``(B) the initial date of nonexempt commercial manufacture.
       ``(2) Withdrawal.--A manufacturer or processor that has 
     submitted a notice under subsection (b), but that has not 
     commenced nonexempt commercial manufacture or processing of 
     the chemical substance, may withdraw the notice.
       ``(f) Further Evaluation.--The Administrator may review a 
     chemical substance under section 4A at any time after the 
     Administrator receives--
       ``(1) a notice of commencement for a chemical substance 
     under subsection (e); or
       ``(2) new information regarding the chemical substance.
       ``(g) Transparency.--Subject to section 14, the 
     Administrator shall make available to the public--
       ``(1) all notices, determinations, consent agreements, 
     rules, and orders submitted under this section or made by the 
     Administrator under this section; and
       ``(2) all information submitted or issued under this 
     section.''; and
       (10) in subsection (h)--
       (A) in paragraph (1)--
       (i) in the matter preceding subparagraph (A), by striking 
     ``(a) or''; and
       (ii) in subparagraph (A), by inserting ``, without taking 
     into account cost or other nonrisk factors'' after ``the 
     environment'';
       (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), in the matter 
     preceding subparagraph (A), by striking ``subsections (a) and 
     (b)'' and inserting ``subsection (b)'';
       (E) in paragraph (3) (as so redesignated)--
       (i) 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''; and
       (ii) by striking the second sentence;
       (F) in paragraph (4) (as so redesignated), by striking 
     ``subsections (a) and (b)'' and inserting ``subsection (b)''; 
     and
       (G) in paragraph (5) (as so redesignated), in the first 
     sentence, by striking ``paragraph (1) or (5)'' and inserting 
     ``paragraph (1) or (4)''.

     SEC. 8. SAFETY ASSESSMENTS AND SAFETY DETERMINATIONS.

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

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

       (2) by redesignating subsections (e) and (f) as subsections 
     (h) and (i), respectively;
       (3) by striking subsections (a) through (d) and inserting 
     the following:
       ``(a) In General.--The Administrator--
       ``(1) shall conduct a safety assessment and make a safety 
     determination of each high-priority substance in accordance 
     with subsections (b) and (c);
       ``(2) shall, as soon as practicable and not later than 6 
     months after the date on which a chemical substance is 
     designated as a high-priority substance, define and publish 
     the scope of the safety assessment and safety determination 
     to be conducted pursuant to this section, including the 
     hazards, exposures, conditions of use, and potentially 
     exposed or susceptible populations that the Administrator 
     expects to consider;
       ``(3) as appropriate based on the results of a safety 
     determination, shall establish restrictions pursuant to 
     subsection (d);
       ``(4) shall complete and publish a safety assessment and 
     safety determination not later than 3 years after the date on 
     which a chemical substance is designated as a high-priority 
     substance;
       ``(5) shall promulgate any necessary final rule pursuant to 
     subsection (d) by not later than 2 years after the date on 
     which the safety determination is completed;
       ``(6) may extend any deadline under paragraph (4) for not 
     more than 1 year, if information relating to the high-
     priority substance, required to be developed in a rule, 
     order, or consent agreement under section 4--
       ``(A) has not yet been submitted to the Administrator; or
       ``(B) was submitted to the Administrator--
       ``(i) within the time specified in the rule, order, or 
     consent agreement pursuant to section 4(a)(4)(A)(iv); and
       ``(ii) on or after the date that is 120 days before the 
     expiration of the deadline described in paragraph (4); and
       ``(7) may extend the deadline under paragraph (5) for not 
     more than 2 years, subject to the condition that the 
     aggregate length of all extensions of deadlines under this 
     subsection does not exceed 2 years.
       ``(b) Prior Actions and Notice of Existing Information.--
       ``(1) Prior-initiated assessments.--
       ``(A) In general.--Nothing in this Act prevents the 
     Administrator from initiating a safety assessment or safety 
     determination regarding a chemical substance, or from 
     continuing or completing such a safety assessment or safety 
     determination, prior to the effective date of the policies, 
     procedures, and guidance required to be established by the 
     Administrator under section 3A or 4A.
       ``(B) Integration of prior policies and procedures.--As 
     policies and procedures under section 3A and 4A are 
     established, to the maximum extent practicable, the 
     Administrator shall integrate the policies and procedures 
     into ongoing safety assessments and safety determinations.
       ``(2) 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 solely because the action was 
     completed prior to the completion of a policy or procedure 
     established under section 3A or 4A, and the validity of a 
     completed assessment, determination, or rule shall not be 
     determined based on the content of such a policy or 
     procedure.
       ``(3) Notice of existing information.--
       ``(A) In general.--The Administrator shall, where such 
     information is available, take notice of existing information 
     regarding hazard and exposure published by other Federal 
     agencies and the National Academies and incorporate the 
     information in safety assessments and safety determinations 
     with the objective of increasing the efficiency of the safety 
     assessments and safety determinations.
       ``(B) Inclusion of information.--Existing information 
     described in subparagraph (A) should be included to the 
     extent practicable and where the Administrator determines the 
     information is relevant and scientifically reliable.
       ``(c) Safety Determinations.--
       ``(1) In general.--Based on a review of the information 
     available to the Administrator, including draft safety 
     assessments submitted by interested persons pursuant to 
     section 3A(h)(2)(D), and subject to section 18(g), the 
     Administrator shall determine--
       ``(A) by order, that the relevant chemical substance meets 
     the safety standard;
       ``(B) that the relevant chemical substance does not meet 
     the safety standard, in which case the Administrator shall, 
     by rule under subsection (d)--
       ``(i) impose restrictions necessary to ensure that the 
     chemical substance meets the safety standard under the 
     conditions of use; or
       ``(ii) if the safety standard cannot be met with the 
     application of other restrictions under subsection (d)(3), 
     ban or phase out the chemical substance, as appropriate; or
       ``(C) that 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 (2).
       ``(2) Additional information.--If the Administrator 
     determines that additional information is necessary to make a 
     safety assessment or 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 consistent with 
     the deadlines described in subsection (a), a safety 
     assessment and safety determination until after receipt of 
     the information; and
       ``(D) consistent with the deadlines described in subsection 
     (a), on receipt of information the Administrator finds 
     supports the safety assessment and safety determination, 
     shall make a determination under paragraph (1).
       ``(3) Establishment of deadline.--In requesting the 
     development or submission of information under this section, 
     the Administrator

[[Page 7021]]

     shall establish a deadline for the submission of the 
     information.
       ``(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) In general.--The rule promulgated pursuant to this 
     subsection--
       ``(i) may apply to mixtures containing the chemical 
     substance, as appropriate;
       ``(ii) shall include dates by which compliance is 
     mandatory, which--

       ``(I) shall be as soon as practicable, but not later than 4 
     years after the date of promulgation of the rule, except in 
     the case of a use exempted under paragraph (5);
       ``(II) in the case of a ban or phase-out of the chemical 
     substance, shall implement the ban or phase-out in as short a 
     period as practicable;
       ``(III) as determined by the Administrator, may vary for 
     different affected persons; and
       ``(IV) following a determination by the Administrator that 
     compliance is technologically or economically infeasible 
     within the timeframe specified in subclause (I), shall 
     provide up to an additional 18 months for compliance to be 
     mandatory;

       ``(iii) shall exempt replacement parts that are 
     manufactured prior to the effective date of the rule for 
     articles that are first manufactured prior to the effective 
     date of the rule unless the Administrator finds the 
     replacement parts contribute significantly to the identified 
     risk;
       ``(iv) shall, in selecting among prohibitions and other 
     restrictions, apply such prohibitions or other restrictions 
     to an article or category of articles containing the chemical 
     substance only to the extent necessary to address the 
     identified risks from exposure to the chemical substance from 
     the article or category of articles, in order to determine 
     that the chemical substance meets the safety standard; and
       ``(v) shall, when the Administrator determines that the 
     chemical substance does not meet the safety standard for a 
     potentially exposed or susceptible population, apply 
     prohibitions or other restrictions necessary to ensure that 
     the substance meets the safety standard for that population.
       ``(B) Persistent and bioaccumulative substances.--For a 
     chemical substance the Administrator determines, with respect 
     to persistence and bioaccumulation, scores high for 1 and 
     either high or moderate for the other, pursuant to the TSCA 
     Work Plan Chemicals Methods Document published by the 
     Administrator in February 2012, the Administrator shall, in 
     selecting among prohibitions and other restrictions that the 
     Administrator determines are sufficient to ensure that the 
     chemical substance meets the safety standard, reduce exposure 
     to the substance to the maximum extent practicable.
       ``(C) Workplace exposures.--The Administrator shall consult 
     with the Assistant Secretary of Labor for Occupational Safety 
     and Health before adopting any prohibition or other 
     restriction under this subsection to address workplace 
     exposures.
       ``(D) Definition of requirement.--For the purposes of this 
     Act, the term `requirement' as used in this section does not 
     displace common law.
       ``(3) Restrictions.--Subject to section 18, a restriction 
     under paragraph (1) may include, as appropriate--
       ``(A) a requirement that a chemical substance shall be 
     marked with, or accompanied by, clear and adequate minimum 
     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 minimum warnings 
     and instructions to be prescribed by the Administrator;
       ``(B) a requirement that manufacturers or processors of the 
     chemical substance shall--
       ``(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; or
       ``(iii) monitor or conduct tests that are reasonably 
     necessary to ensure compliance with the requirements of any 
     rule under this subsection;
       ``(C) a restriction on the quantity of the chemical 
     substance that may be manufactured, processed, or distributed 
     in commerce;
       ``(D) a requirement to ban or phase out, or otherwise 
     restrict the manufacture, processing, or distribution in 
     commerce of the chemical substance for--
       ``(i) a particular use;
       ``(ii) a particular use at a concentration in excess of a 
     level specified by the Administrator; or
       ``(iii) all uses;
       ``(E) a restriction on the quantity of the chemical 
     substance that may be manufactured, processed, or distributed 
     in commerce for--
       ``(i) a particular use; or
       ``(ii) a particular use at a concentration in excess of a 
     level specified by the Administrator;
       ``(F) a requirement to ban, phase out, or otherwise 
     restrict any method of commercial use of the chemical 
     substance;
       ``(G) a requirement to ban, phase out, or otherwise 
     restrict any method of disposal of the chemical substance or 
     any article containing the chemical substance; and
       ``(H) a requirement directing manufacturers or processors 
     of the chemical substance to give notice of the 
     Administrator's determination under subsection (c)(1)(B) 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.
       ``(4) Analysis for rulemaking.--
       ``(A) Considerations.--In deciding which restrictions to 
     impose under paragraph (3) as part of developing a rule under 
     paragraph (1), the Administrator shall take into 
     consideration, to the extent practicable based on reasonably 
     available information, the quantifiable and nonquantifiable 
     costs and benefits of the proposed regulatory action and of 
     the 1 or more primary alternative regulatory actions 
     considered by the Administrator.
       ``(B) Alternatives.--As part of the analysis, the 
     Administrator shall review any 1 or more technically and 
     economically feasible alternatives to the chemical substance 
     that the Administrator determines are relevant to the 
     rulemaking.
       ``(C) Public availability.--In proposing a rule under 
     paragraph (1), the Administrator shall make publicly 
     available any analysis conducted under this paragraph.
       ``(D) Statement required.--In 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.
       ``(5) Exemptions.--
       ``(A) In general.--The Administrator may, as part of a rule 
     promulgated under paragraph (1) or in a separate rule, exempt 
     1 or more uses of a chemical substance from any restriction 
     in a rule promulgated under paragraph (1) if the 
     Administrator determines that--
       ``(i) the restriction 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; or
       ``(III) interfering with a critical or essential use for 
     which no technically and economically feasible safer 
     alternative is available, taking into consideration hazard 
     and exposure; or

       ``(ii) the use of the chemical substance, as compared to 
     reasonably available alternatives, provides a substantial 
     benefit to health, the environment, or public safety.
       ``(B) Exemption analysis.--In proposing a rule under this 
     paragraph, the Administrator shall make publicly available 
     any analysis conducted under this paragraph to assess the 
     need for the exemption.
       ``(C) Statement required.--In making final a rule under 
     this paragraph, the Administrator shall include a statement 
     describing how the analysis considered under subparagraph (B) 
     was taken into account.
       ``(D) Analysis in case of ban or phase-out.--In determining 
     whether an exemption should be granted under this paragraph 
     for a chemical substance for which a ban or phase-out is 
     included in a proposed or final rule under paragraph (1), the 
     Administrator shall take into consideration, to the extent 
     practicable based on reasonably available information, the 
     quantifiable and nonquantifiable costs and benefits of the 1 
     or more alternatives to the chemical substance the 
     Administrator determines to be technically and economically 
     feasible and most likely to be used in place of the chemical 
     substance under the conditions of use.
       ``(E) Conditions.--As part of a rule promulgated under this 
     paragraph, the Administrator shall include conditions, 
     including reasonable recordkeeping, monitoring, and reporting 
     requirements, to the extent that the Administrator determines 
     the conditions are necessary to protect health and the 
     environment while achieving the purposes of the exemption.
       ``(F) Duration.--
       ``(i) In general.--The Administrator shall establish, as 
     part of a rule under this paragraph, a time limit on any 
     exemption for a time to be determined by the Administrator as 
     reasonable on a case-by-case basis.
       ``(ii) Authority of administrator.--The Administrator, by 
     rule, may extend, modify, or eliminate an exemption if the 
     Administrator determines, on the basis of reasonably 
     available information and after adequate public 
     justification, the exemption warrants extension or is no 
     longer necessary.
       ``(iii) Considerations.--

       ``(I) In general.--Subject to subclause (II), the 
     Administrator shall issue exemptions and establish time 
     periods by considering factors determined by the 
     Administrator to be relevant to the goals of fostering 
     innovation and the development of alternatives that meet the 
     safety standard.
       ``(II) Limitation.--Any renewal of an exemption in the case 
     of a rule under paragraph (1) 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)(1) to be effective on 
     publication of the rule in the Federal Register and until the 
     effective date of final action taken respecting the 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 the proposed rule or any combination of 
     those activities is likely to result in a risk of serious or 
     widespread injury to health or the environment before the 
     effective date; and
       ``(B) making the proposed rule so effective is necessary to 
     protect the public interest; and
       ``(2) in the case of a proposed rule to prohibit the 
     manufacture, processing, or distribution in commerce of a 
     chemical substance or mixture because of the risk determined 
     under paragraph

[[Page 7022]]

     (1)(A), a court has granted relief in an action under section 
     7 with respect to that risk associated with the chemical 
     substance or mixture.
       ``(f) Final Agency Action.--Under this section and subject 
     to section 18--
       ``(1) a safety determination, and the associated safety 
     assessment, for a chemical substance that the Administrator 
     determines under subsection (c) meets the safety standard, 
     shall be considered to be a final agency action, effective 
     beginning on the date of issuance of the final safety 
     determination; and
       ``(2) a final rule promulgated under subsection (d)(1), and 
     the associated safety assessment and safety determination 
     that a chemical substance does not meet the safety standard, 
     shall be considered to be a final agency action, effective 
     beginning on the date of promulgation of the final rule.
       ``(g) Extension of Deadlines for Certain Chemical 
     Substances.--The Administrator may not extend any deadline 
     under subsection (a) for a chemical substance designated as a 
     high priority that is listed in the 2014 update of the TSCA 
     Work Plan without adequate public justification that 
     demonstrates, following a review of the information 
     reasonably available to the Administrator, that the 
     Administrator cannot adequately complete a safety assessment 
     and safety determination, or a final rule pursuant to 
     subsection (d), without additional information regarding the 
     chemical substance.''; and
       (4) in subsection (h) (as redesignated by paragraph (2))--
       (A) by striking paragraph (4); and
       (B) by redesignating paragraph (5) as paragraph (4).

     SEC. 9. IMMINENT HAZARDS.

       Section 7 of the Toxic Substances Control Act (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 United States district court for--
       ``(A) seizure of an imminently hazardous chemical substance 
     or mixture or any article containing the chemical substance 
     or mixture;
       ``(B) relief (as authorized by subsection (b)) against any 
     person that manufactures, processes, distributes in commerce, 
     uses, or disposes of, an imminently hazardous chemical 
     substance or mixture or any article containing the chemical 
     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 paragraph, notwithstanding--
       ``(A) the existence of a decision, rule, consent agreement, 
     or order by the Administrator under section 4, 4A, 5, or 6 or 
     title IV or VI; 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. 10. INFORMATION COLLECTION AND REPORTING.

       Section 8 of the Toxic Substances Control Act (15 U.S.C. 
     2607) is amended--
       (1) in subsection (a)--
       (A) in paragraph (3)--
       (i) in subparagraph (A)(ii)(I)--

       (I) by striking ``5(b)(4)'' and inserting ``5'';
       (II) by inserting ``section 4 or'' after ``in effect 
     under''; and
       (III) by striking ``5(e),'' and inserting ``5(d)(4);''; and

       (ii) by adding at the end the following:
       ``(C) Not later than 180 days after the date of enactment 
     of the Frank R. Lautenberg Chemical Safety for the 21st 
     Century Act, and not less frequently than once every 10 years 
     thereafter, the Administrator, after consultation with the 
     Administrator of the Small Business Administration, shall--
       ``(i) review the adequacy of the standards prescribed 
     according to subparagraph (B);
       ``(ii) after providing public notice and an opportunity for 
     comment, make a determination as to whether revision of the 
     standards is warranted; and
       ``(iii) revise the standards if the Administrator so 
     determines.''; and
       (B) by adding at the end the following:
       ``(4) Rules.--
       ``(A) Deadline.--
       ``(i) In general.--Not later than 2 years after the date of 
     enactment of the Frank R. Lautenberg Chemical Safety for the 
     21st Century Act, the Administrator shall promulgate rules 
     requiring the maintenance of records and the reporting of 
     additional information known or reasonably ascertainable by 
     the person making the report, including rules applicable to 
     processors so that the Administrator has the information 
     necessary to carry out this title.
       ``(ii) Modification of prior rules.--In carrying out this 
     subparagraph, the Administrator may modify, as appropriate, 
     rules promulgated before the date of enactment of the Frank 
     R. Lautenberg Chemical Safety for the 21st Century Act.
       ``(B) Contents.--The rules promulgated pursuant to 
     subparagraph (A)--
       ``(i) may impose different reporting and recordkeeping 
     requirements on manufacturers and processors; and
       ``(ii) shall include the level of detail necessary to be 
     reported, including the manner by which use and exposure 
     information may be reported.
       ``(C) Administration.--In implementing the reporting and 
     recordkeeping requirements under this paragraph, the 
     Administrator shall take measures--
       ``(i) to limit the potential for duplication in reporting 
     requirements;
       ``(ii) to minimize the impact of the rules on small 
     manufacturers and processors; and
       ``(iii) to apply any reporting obligations to those persons 
     likely to have information relevant to the effective 
     implementation of this title.'';
       (2) in subsection (b), by adding at the end the following:
       ``(3) Nomenclature.--
       ``(A) In general.--In carrying out paragraph (1), the 
     Administrator shall--
       ``(i) maintain the use of Class 2 nomenclature in use on 
     the date of enactment of the Frank R. Lautenberg Chemical 
     Safety for the 21st Century Act;
       ``(ii) maintain the use of the Soap and Detergent 
     Association Nomenclature System, published in March 1978 by 
     the Administrator in section 1 of addendum III of the 
     document entitled `Candidate List of Chemical Substances', 
     and further described in the appendix A of volume I of the 
     1985 edition of the Toxic Substances Control Act Substances 
     Inventory (EPA Document No. EPA-560/7-85-002a); and
       ``(iii) treat all components of categories that are 
     considered to be statutory mixtures under this Act as being 
     included on the list published under paragraph (1) under the 
     Chemical Abstracts Service numbers for the respective 
     categories, including, without limitation--

       ``(I) cement, Portland, chemicals, CAS No. 65997-15-1;
       ``(II) cement, alumina, chemicals, CAS No. 65997-16-2;
       ``(III) glass, oxide, chemicals, CAS No. 65997-17-3;
       ``(IV) frits, chemicals, CAS No. 65997-18-4;
       ``(V) steel manufacture, chemicals, CAS No. 65997-19-5; and
       ``(VI) ceramic materials and wares, chemicals, CAS No. 
     66402-68-4.

       ``(B) Multiple nomenclature conventions.--
       ``(i) In general.--If an existing guidance allows for 
     multiple nomenclature conventions, the Administrator shall--

       ``(I) maintain the nomenclature conventions for substances; 
     and
       ``(II) develop new guidance that--

       ``(aa) establishes equivalency between the nomenclature 
     conventions for chemical substances on the list published 
     under paragraph (1); and
       ``(bb) permits persons to rely on the new guidance for 
     purposes of determining whether a chemical substance is on 
     the list published under paragraph (1).
       ``(ii) Multiple cas numbers.--For any chemical substance 
     appearing multiple times on the list under different Chemical 
     Abstracts Service numbers, the Administrator shall develop 
     guidance recognizing the multiple listings as a single 
     chemical substance.
       ``(4) Chemical substances in commerce.--
       ``(A) Rules.--
       ``(i) In general.--Not later than 1 year after the date of 
     enactment of the Frank R. Lautenberg Chemical Safety for the 
     21st Century Act, the Administrator, by rule, shall require 
     manufacturers and processors to notify the Administrator, by 
     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 ending on the 
     day before the date of enactment of the Frank R. Lautenberg 
     Chemical Safety for the 21st Century Act.
       ``(ii) Active substances.--The Administrator shall 
     designate chemical substances for which notices are received 
     under clause (i) to be active substances on the list 
     published under paragraph (1).
       ``(iii) Inactive substances.--The Administrator shall 
     designate chemical substances for which no notices are 
     received under clause (i) to be inactive substances on the 
     list published under paragraph (1).
       ``(B) Confidential chemical substances.--In promulgating 
     the rule established pursuant to subparagraph (A), the 
     Administrator shall--
       ``(i) maintain the list under paragraph (1), which shall 
     include a confidential portion and a nonconfidential portion 
     consistent with this section and section 14;
       ``(ii) require 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; and
       ``(iii) require the substantiation of those claims pursuant 
     to section 14 and in accordance with the review plan 
     described in subparagraph (C).
       ``(C) Review plan.--Not later than 1 year after the date on 
     which the Administrator compiles the initial list of active 
     substances pursuant to subparagraph (A), the Administrator 
     shall promulgate a rule that establishes a plan to review all 
     claims to protect the specific identities of chemical 
     substances on the confidential portion of the list published 
     under paragraph (1) that are asserted pursuant to 
     subparagraph (B).
       ``(D) Requirements of review plan.--Under the review plan 
     under subparagraph (C), the Administrator shall--

[[Page 7023]]

       ``(i) require, at the time requested by the Administrator, 
     all manufacturers or processors asserting claims under 
     subparagraph (B) to substantiate the claim unless the 
     manufacturer or processor has substantiated the claim in a 
     submission made to the Administrator during the 5-year period 
     ending on the date of the request by the Administrator;
       ``(ii) in accordance with section 14--

       ``(I) review each substantiation--

       ``(aa) submitted pursuant to clause (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 clause (i), if the substantiation has not been previously 
     reviewed by the Administrator, to determine if the claim 
     warrants protection from disclosure;

       ``(II) approve, modify, or deny each claim; and
       ``(III) except as provided in this section and section 14, 
     protect from disclosure information for which the 
     Administrator approves such a claim for a period of 10 years, 
     unless, prior to the expiration of the period--

       ``(aa) the person notifies the Administrator that the 
     person is withdrawing the claim, in which case the 
     Administrator shall promptly make the information available 
     to the public; or
       ``(bb) 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 section 14(g)(2); and
       ``(iii) encourage manufacturers or processors that have 
     previously made claims to protect the specific identities of 
     chemical substances identified as inactive pursuant to 
     subsection (f)(2) to review and either withdraw or 
     substantiate the claims.
       ``(E) Timeline for completion of reviews.--
       ``(i) In general.--The Administrator shall implement the 
     review plan so as to complete reviews of all claims specified 
     in subparagraph (C) not later than 5 years after the date on 
     which the Administrator compiles the initial list of active 
     substances pursuant to subparagraph (A).
       ``(ii) Considerations.--

       ``(I) In general.--The Administrator may extend the 
     deadline for completion of the reviews for not more than 2 
     additional years, after an adequate public justification, if 
     the Administrator determines that the extension is necessary 
     based on the number of claims needing review and the 
     available resources.
       ``(II) Annual review goal and results.--At the beginning of 
     each year, the Administrator shall publish an annual goal for 
     reviews and the number of reviews completed in the prior 
     year.

       ``(5) Active and inactive substances.--
       ``(A) In general.--The Administrator shall maintain and 
     keep current designations of active substances and inactive 
     substances on the list published under paragraph (1).
       ``(B) Change to active status.--
       ``(i) In general.--Any person that intends to manufacture 
     or process for a nonexempt commercial purpose a chemical 
     substance that is designated as an inactive substance shall 
     notify the Administrator before the date on which the 
     inactive substance is manufactured or processed.
       ``(ii) Confidential chemical identity claims.--If a person 
     submitting a notice under clause (i) for an inactive 
     substance on the confidential portion of the list published 
     under paragraph (1) seeks to maintain an existing claim for 
     protection against disclosure of the specific identity of the 
     inactive substance as confidential, the person shall--

       ``(I) in the notice submitted under clause (i), assert the 
     claim; and
       ``(II) by not later than 30 days after providing the notice 
     under clause (i), substantiate the claim.

       ``(iii) Active status.--On receiving a notification under 
     clause (i), the Administrator shall--

       ``(I) designate the applicable chemical substance as an 
     active substance;
       ``(II) pursuant to section 14, promptly review any claim 
     and associated substantiation submitted pursuant to clause 
     (ii) for protection against disclosure of the specific 
     identity of the chemical substance and approve, modify, or 
     deny the claim;
       ``(III) except as provided in this section and section 14, 
     protect from disclosure the specific identity of the chemical 
     substance for which the Administrator approves a claim under 
     subclause (II) for a period of 10 years, unless, prior to the 
     expiration of the period--

       ``(aa) the person notifies the Administrator that the 
     person is withdrawing the claim, in which case the 
     Administrator shall promptly make the information available 
     to the public; or
       ``(bb) 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 section 14(g)(2); and

       ``(IV) pursuant to section 4A, review the priority of the 
     chemical substance as the Administrator determines to be 
     necessary.

       ``(C) Category status.--The list of inactive substances 
     shall not be considered to be a category for purposes of 
     section 26(c).
       ``(6) Interim list of active substances.--Prior to the 
     promulgation of the rule required under paragraph (4)(A), the 
     Administrator shall designate the chemical substances 
     reported under part 711 of title 40, Code of Federal 
     Regulations (as in effect on the date of enactment of the 
     Frank R. Lautenberg Chemical Safety for the 21st Century 
     Act), during the reporting period that most closely preceded 
     the date of enactment of the Frank R. Lautenberg Chemical 
     Safety for the 21st Century Act, as the interim list of 
     active substances for the purposes of section 4A.
       ``(7) Public information.--Subject to this subsection, 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--
       ``(i) an active substance; or
       ``(ii) an inactive substance;
       ``(B) 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
       ``(C) subject to subsections (f) and (g) of section 14, the 
     specific identity of any active substance for which--
       ``(i) a claim for protection against disclosure of the 
     specific identity of the active chemical substance was not 
     asserted, as required under this subsection or subsection (d) 
     or (f) of section 14;
       ``(ii) a claim for protection against disclosure of the 
     specific identity of the active substance has been denied by 
     the Administrator; or
       ``(iii) the time period for protection against disclosure 
     of the specific identity of the active substance has expired.
       ``(8) Limitation.--No person may assert a new claim under 
     this subsection for protection from disclosure of a specific 
     identity of any active or inactive chemical substance for 
     which a notice is received under paragraph (4)(A)(i) or 
     (5)(C)(i) that is not on the confidential portion of the list 
     published under paragraph (1).
       ``(9) Certification.--Under the rules promulgated under 
     this subsection, manufacturers and processors shall be 
     required--
       ``(A) to certify that each notice or substantiation the 
     manufacturer or processor submits complies with the 
     requirements of the rule, and that any confidentiality claims 
     are true and correct; and
       ``(B) to retain a record supporting the certification for a 
     period of 5 years beginning on the last day of the submission 
     period.'';
       (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) Additional information.--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.''; and
       (4) in subsection (f), by striking ``For purposes of this 
     section, the'' and inserting the following: ``In this 
     section:
       ``(1) Active substance.--The term `active substance' means 
     a chemical substance--
       ``(A) that has been manufactured or processed for a 
     nonexempt commercial purpose at any point during the 10-year 
     period ending on the date of enactment of the Frank R. 
     Lautenberg Chemical Safety for the 21st Century Act;
       ``(B) that is added to the list published under subsection 
     (b)(1) after that date of enactment; or
       ``(C) for which a notice is received under subsection 
     (b)(5)(C).
       ``(2) Inactive substance.--The term `inactive substance' 
     means a chemical substance on the list published under 
     subsection (b)(1) that does not meet any of the criteria 
     described in paragraph (1).
       ``(3) Manufacture; process.--The''.

     SEC. 11. RELATIONSHIP TO OTHER FEDERAL LAWS.

       Section 9 of the Toxic Substances Control Act (15 U.S.C. 
     2608) is amended--
       (1) in subsection (a)--
       (A) in paragraph (1), in the first sentence--
       (i) by striking ``presents or will present an unreasonable 
     risk to health or the environment'' and inserting ``does not 
     or will 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)--
       (i) in subparagraph (A), by inserting ``within the time 
     period specified by the Administrator in the report'' after 
     ``issues an order'';
       (ii) in subparagraph (B), by inserting ``responds within 
     the time period specified by the Administrator in the report 
     and'' before ``initiates, within 90 days''; and
       (iii) in the matter following subparagraph (B), by striking 
     ``section 6 or 7'' and inserting ``section 6(d) or section 
     7'';
       (C) by redesignating paragraph (3) as paragraph (6);
       (D) in paragraph (6) (as so redesignated), by striking 
     ``section 6 or 7'' and inserting ``section 6(d) or 7''; and
       (E) by inserting after paragraph (2) the following:
       ``(3) The Administrator shall take the actions described in 
     paragraph (4) if the Administrator makes a report under 
     paragraph (1) with respect to a chemical substance or mixture 
     and the agency to which the report was made does not--
       ``(A) issue the order described in paragraph (2)(A) within 
     the time period specified by the Administrator in the report; 
     or
       ``(B)(i) respond under paragraph (1) within the time frame 
     specified by the Administrator in the report; and

[[Page 7024]]

       ``(ii) initiate action within 90 days of publication in the 
     Federal Register of the response described in clause (i).
       ``(4) If an agency to which a report under paragraph (1) 
     does not take the actions described in subparagraphs (A) or 
     (B) of paragraph (3), the Administrator shall--
       ``(A) if a safety assessment and safety determination for 
     the substance under section 6 has not been completed, 
     complete the safety assessment and safety determination;
       ``(B) if the Administrator has determined or determines 
     that the chemical substance does not meet the safety 
     standard, initiate action under section 6(d) with respect to 
     the risk; or
       ``(C) take any action authorized or required under section 
     7, as appropriate.
       ``(5) This subsection shall not relieve the Administrator 
     of any obligation to complete a safety assessment and safety 
     determination or take any required action under section 6(d) 
     or 7 to address risks from the manufacture, processing, 
     distribution in commerce, use, or disposal of a chemical 
     substance or mixture, or any combination of those activities, 
     that are not identified in a report issued by the 
     Administrator under paragraph (1).'';
       (2) in subsection (d), in the first sentence, by striking 
     ``Health, Education, and Welfare'' and inserting ``Health and 
     Human Services''; and
       (3) by adding at the end the following:
       ``(e) Exposure Information.--If the Administrator obtains 
     information related to exposures or releases of a chemical 
     substance that may be prevented or reduced under another 
     Federal law, including laws not administered by the 
     Administrator, the Administrator shall make such information 
     available to the relevant Federal agency or office of the 
     Environmental Protection Agency.''.

     SEC. 12. RESEARCH, DEVELOPMENT, COLLECTION, DISSEMINATION, 
                   AND UTILIZATION OF DATA.

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

     SEC. 13. EXPORTS.

       Section 12 of the Toxic Substances Control Act (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--
       ``(A) any new chemical substance that the Administrator 
     determines is likely to present an unreasonable risk of 
     injury to health within the United States or to the 
     environment of the United States, without taking into account 
     cost or other non-risk factors;
       ``(B) any chemical substance that the Administrator 
     determines presents or will present an unreasonable risk of 
     injury to health within the United States or to the 
     environment of the United States, without taking into account 
     cost or other non-risk factors; or
       ``(C) any chemical substance that--
       ``(i) the Administrator determines is likely to present an 
     unreasonable risk of injury to health within the United 
     States or to the environment of the United States, without 
     taking into account cost or other non-risk factors; and
       ``(ii) is subject to restriction under section 5(d)(4).
       ``(3) Waivers for certain mixtures and articles.--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; or
       ``(B) establish a threshold concentration in a mixture or 
     article at which paragraph (1) shall not apply.
       ``(4) Testing.--The Administrator may require testing under 
     section 4 of any chemical substance or mixture exempted from 
     this Act under paragraph (1) for the purpose of determining 
     whether the chemical substance 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 prohibition or other 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 prohibition or other 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 containing a chemical 
     substance subject to a proposed or promulgated significant 
     new use rule, or a prohibition or other 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 for which an action 
     is pending or for which relief has been granted under section 
     7.
       ``(2) Rules.--
       ``(A) In general.--The Administrator shall promulgate rules 
     to carry out paragraph (1).
       ``(B) Contents.--The rules promulgated pursuant to 
     subparagraph (A) shall--
       ``(i) include such exemptions as the Administrator 
     determines to be appropriate, which may include exemptions 
     identified under section 5(h); and
       ``(ii) indicate whether, or to what extent, the rules apply 
     to articles containing a chemical substance or mixture 
     described in paragraph (1).
       ``(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 
     subparagraph (A), (B), (D), or (F) of paragraph (1), a notice 
     of the determination, rule, order, consent agreement, action, 
     relief, or requirement;
       ``(B) for a chemical substance described in paragraph 
     (1)(C), a notice that satisfies the obligation of the United 
     States under the applicable treaty; and
       ``(C) 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.''; and
       (3) in subsection (c), by striking paragraph (3).

     SEC. 14. CONFIDENTIAL INFORMATION.

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

     ``SEC. 14. CONFIDENTIAL INFORMATION.

       ``(a) In General.--Except as otherwise provided in this 
     section, the Administrator shall not disclose information 
     that is exempt from disclosure pursuant to subsection (a) of 
     section 552 of title 5, United States Code, 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.--The 
     following information specific to, and submitted by, a 
     manufacturer, processor, or distributor that meets the 
     requirements of subsections (a) and (d) shall be presumed to 
     be protected from disclosure, subject to the condition that 
     nothing in this Act prohibits the disclosure of any such 
     information, or information that is the subject of subsection 
     (g)(3), through discovery, subpoena, other court order, or 
     any other judicial process otherwise allowed under applicable 
     Federal or State law:
       ``(1) Specific information describing the processes used in 
     manufacture or processing of a chemical substance, mixture, 
     or article.
       ``(2) Marketing and sales information.
       ``(3) Information identifying a supplier or customer.
       ``(4) Details of the full composition of a mixture and the 
     respective percentages of constituents.
       ``(5) Specific information regarding the use, function, or 
     application of a chemical substance or mixture in a process, 
     mixture, or product.
       ``(6) Specific production or import volumes of the 
     manufacturer.
       ``(7) Specific aggregated volumes across manufacturers, if 
     the Administrator determines that disclosure of the specific 
     aggregated volumes would reveal confidential information.
       ``(8) Except as otherwise provided in this section, the 
     specific identity of a chemical substance prior to the date 
     on which the chemical substance is first offered for 
     commercial distribution, including the chemical name, 
     molecular formula, Chemical Abstracts Service number, and 
     other information that would identify a specific chemical 
     substance, if the specific identity was claimed as 
     confidential information at the time it was submitted in a 
     notice under section 5.
       ``(c) Information Not Protected From Disclosure.--
       ``(1) In general.--Notwithstanding subsections (a) and (b), 
     the following information shall not be protected from 
     disclosure:
       ``(A) Information from health and safety studies.--
       ``(i) In general.--Subject to clause (ii)--

       ``(I) any health and safety study that is submitted under 
     this Act with respect to--

       ``(aa) any chemical substance or mixture that, on the date 
     on which the study is to be disclosed, has been offered for 
     commercial distribution; or
       ``(bb) any chemical substance or mixture for which--
       ``(AA) testing is required under section 4; or
       ``(BB) a notification is required under section 5; or

       ``(II) any information reported to, or otherwise obtained 
     by, the Administrator from a health and safety study relating 
     to a chemical substance or mixture described in item (aa) or 
     (bb) of subclause (I).

       ``(ii) Effect of subparagraph.--Nothing in this 
     subparagraph authorizes the release of any information that 
     discloses--

       ``(I) a process used in the manufacturing or processing of 
     a chemical substance or mixture; or
       ``(II) in the case of a mixture, the portion of the mixture 
     comprised by any chemical substance in the mixture.

       ``(B) Other information not protected from disclosure.--
       ``(i) For information submitted after the date of enactment 
     of the Frank R. Lautenberg Chemical Safety for the 21st 
     Century Act, the specific identity of a chemical substance as 
     of the date on which the chemical substance is first offered 
     for commercial distribution, if the person submitting the 
     information does not meet the requirements of subsection (d).
       ``(ii) A safety assessment developed, or a safety 
     determination made, under section 6.

[[Page 7025]]

       ``(iii) Any general information describing the 
     manufacturing volumes, expressed as specific aggregated 
     volumes or, if the Administrator determines that disclosure 
     of specific aggregated volumes would reveal confidential 
     information, expressed in ranges.
       ``(iv) A general description of a process used in the 
     manufacture or processing and industrial, commercial, or 
     consumer functions and uses of a chemical substance, mixture, 
     or article containing a chemical substance or mixture, 
     including information specific to an industry or industry 
     sector that customarily would be shared with the general 
     public or within an industry or industry sector.
       ``(2) Mixed confidential and nonconfidential information.--
     Any information that is eligible for protection under this 
     section and is submitted with information described in this 
     subsection shall be protected from disclosure, if the 
     submitter complies with subsection (d), subject to the 
     condition that information in the submission that is not 
     eligible for protection against disclosure shall be 
     disclosed.
       ``(3) Ban or phase-out.--If the Administrator promulgates a 
     rule pursuant to section 6(d) that establishes a ban or 
     phase-out of the manufacture, processing, or distribution in 
     commerce of a chemical substance, subject to paragraphs (2), 
     (3), and (4) of subsection (g), any protection from 
     disclosure provided under this section with respect to the 
     specific identity of the chemical substance and other 
     information relating to the chemical substance shall no 
     longer apply.
       ``(4) Certain requests.--If a request is made to the 
     Administrator under section 552(a) of title 5, United States 
     Code, for information that is subject to disclosure under 
     this subsection, the Administrator may not deny the request 
     on the basis of section 552(b)(4) of title 5, United States 
     Code.
       ``(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 to the Administrator a claim for protection concurrent 
     with submission of the information, in accordance with such 
     rules regarding a claim for protection from disclosure as the 
     Administrator has promulgated or may promulgate pursuant to 
     this title.
       ``(B) Inclusion.--An assertion of a claim under 
     subparagraph (A) shall include a statement that the person 
     has--
       ``(i) taken reasonable measures to protect the 
     confidentiality of the information;
       ``(ii) determined that the information is not required to 
     be disclosed or otherwise made available to the public under 
     any other Federal law;
       ``(iii) a reasonable basis to conclude that disclosure of 
     the information is likely to cause substantial harm to the 
     competitive position of the person; and
       ``(iv) a reasonable basis to believe that the information 
     is not readily discoverable through reverse engineering.
       ``(C) 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 condition that the generic name shall--
       ``(i) be consistent with guidance issued by the 
     Administrator under paragraph (3)(A); and
       ``(ii) describe the chemical structure of the substance as 
     specifically as practicable while protecting those features 
     of the chemical structure--

       ``(I) that are considered to be confidential; and
       ``(II) the disclosure of which would be likely to cause 
     substantial harm to the competitive position of the person.

       ``(D) Public information.--No person may assert a claim 
     under this section for protection from disclosure of 
     information that is already publicly available.
       ``(2) Additional requirements for confidentiality claims.--
     Except for information described in subsection (b), a person 
     asserting a claim to protect information from disclosure 
     under this Act shall substantiate the claim, in accordance 
     with the rules promulgated and consistent with the guidance 
     issued by the Administrator.
       ``(3) Guidance.--The Administrator shall develop guidance 
     regarding--
       ``(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 a person 
     described in paragraph (1)(A) shall certify that the 
     statement required to assert a claim submitted pursuant to 
     paragraph (1)(B) and any information required to substantiate 
     a claim submitted pursuant to paragraph (2) are true and 
     correct.
       ``(e) Exceptions to Protection From Disclosure.--
     Information described in subsection (a)--
       ``(1) shall be disclosed if the information is to be 
     disclosed to an officer or employee of the United States in 
     connection with the official duties of the officer or 
     employee--
       ``(A) under any law for the protection of health or the 
     environment; or
       ``(B) for a specific law enforcement purpose;
       ``(2) shall be disclosed if the information is to be 
     disclosed to a contractor of the United States and employees 
     of that contractor--
       ``(A) if, in the opinion of the Administrator, the 
     disclosure is necessary for the satisfactory performance by 
     the contractor of a contract with the United States for the 
     performance of work in connection with this Act; and
       ``(B) subject to such conditions as the Administrator may 
     specify;
       ``(3) shall be disclosed if the Administrator determines 
     that disclosure is necessary to protect health or the 
     environment;
       ``(4) shall be disclosed if 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 1 or more 
     applicable agreements with the Administrator that are 
     consistent with the guidance issued under subsection 
     (d)(3)(B) ensure that the recipient will take appropriate 
     measures, and has adequate authority, to maintain the 
     confidentiality of the information in accordance with 
     procedures comparable to the procedures used by the 
     Administrator to safeguard the information;
       ``(5) shall be disclosed if 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, 
     subject to the conditions that--
       ``(A) the statement of need and confidentiality agreement 
     are consistent with the guidance issued under subsection 
     (d)(3)(B);
       ``(B) the written statement of need shall be a statement 
     that the person has a reasonable basis to suspect that--
       ``(i) the information is necessary for, or will assist in--

       ``(I) the diagnosis or treatment of 1 or more individuals; 
     or
       ``(II) responding to an environmental release or exposure; 
     and

       ``(ii) 1 or more individuals being diagnosed or treated 
     have been exposed to the chemical substance concerned, or an 
     environmental release or exposure has occurred; and
       ``(C) the confidentiality agreement shall provide 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 otherwise may be authorized by 
     the terms of the agreement or by the person submitting the 
     information to the Administrator, except that nothing in this 
     Act prohibits the disclosure of any such information through 
     discovery, subpoena, other court order, or any other judicial 
     process otherwise allowed under applicable Federal or State 
     law;
       ``(6) shall be disclosed if 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 
     (including any individual duly authorized by a Federal 
     agency, State, or political subdivision of a State who is 
     trained in urgent medical care or other emergency procedures, 
     including a police officer, firefighter, or emergency medical 
     technician) 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 shall have 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; or
       ``(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;
       ``(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 shall, 
     as described in paragraph (5)--
       ``(i) provide a written statement of need; and
       ``(ii) agree to sign a confidentiality agreement; and
       ``(C) the written confidentiality agreement or statement of 
     need shall be submitted as soon as practicable, but not 
     necessarily before the information is disclosed;
       ``(7) may be disclosed if the Administrator determines that 
     disclosure is relevant in a proceeding under this Act, 
     subject to the condition that the disclosure shall be made in 
     such a manner as to preserve confidentiality to the maximum 
     extent practicable without impairing the proceeding;
       ``(8) shall be disclosed if the information is to be 
     disclosed, on written request of any duly authorized 
     congressional committee, to that committee; or
       ``(9) shall be disclosed if the information is required to 
     be disclosed or otherwise made public under any other 
     provision of Federal law.
       ``(f) Duration of Protection From Disclosure.--
       ``(1) In general.--
       ``(A) Information not subject to time limit for protection 
     from disclosure.--Subject to paragraph (2), the Administrator 
     shall protect from disclosure information described in 
     subsection (b) that meets the requirements of subsections (a) 
     and (d), unless--
       ``(i) the person that asserted the claim notifies the 
     Administrator that the person is withdrawing the claim, in 
     which case the Administrator shall promptly make the 
     information available to the public; or

[[Page 7026]]

       ``(ii) the Administrator otherwise becomes aware that the 
     information does not qualify or no longer qualifies for 
     protection against disclosure under subsection (a), in which 
     case the Administrator shall take any actions required under 
     subsection (g)(2).
       ``(B) Information subject to time limit for protection from 
     disclosure.--Subject to paragraph (2), the Administrator 
     shall protect from disclosure information, other than 
     information described in subsection (b), that meets the 
     requirements of subsections (a) and (d) for a period of 10 
     years, unless, prior to the expiration of the period--
       ``(i) the person that asserted the claim notifies the 
     Administrator that the person is withdrawing the claim, in 
     which case the Administrator shall promptly make the 
     information available to the public; or
       ``(ii) the Administrator otherwise becomes aware that the 
     information does not qualify or no longer qualifies for 
     protection against disclosure under subsection (a), in which 
     case the Administrator shall take any actions required under 
     subsection (g)(2).
       ``(C) Extensions.--
       ``(i) In general.--Not later than the date that is 60 days 
     before the expiration of the period described in subparagraph 
     (B), the Administrator shall provide to the person that 
     asserted the claim a notice of the impending expiration of 
     the period.
       ``(ii) Statement.--

       ``(I) In general.--Not later than the date that is 30 days 
     before the expiration of the period described in subparagraph 
     (B), a person reasserting the relevant claim shall submit to 
     the Administrator a request for extension substantiating, in 
     accordance with subsection (d)(2), the need to extend the 
     period.
       ``(II) Action by administrator.--Not later than the date of 
     expiration of the period described in subparagraph (B), the 
     Administrator shall, in accordance with subsection 
     (g)(1)(C)--

       ``(aa) review the request submitted under subclause (I);
       ``(bb) make a determination regarding whether the claim for 
     which the request was submitted continues to meet the 
     relevant criteria established under this section; and
       ``(cc)(AA) grant an extension of 10 years; or
       ``(BB) deny the request.
       ``(D) No limit on number of extensions.--There shall be no 
     limit on the number of extensions granted under subparagraph 
     (C), if the Administrator determines that the relevant 
     request under subparagraph (C)(ii)(I)--
       ``(i) establishes the need to extend the period; and
       ``(ii) meets the requirements established by the 
     Administrator.
       ``(2) Review and resubstantiation.--
       ``(A) Discretion of administrator.--The Administrator may 
     review, at any time, a claim for protection of information 
     against disclosure under subsection (a) and require any 
     person that has claimed protection for that information, 
     whether before, on, or after the date of enactment of the 
     Frank R. Lautenberg Chemical Safety for the 21st Century Act, 
     to withdraw or reassert and substantiate or resubstantiate 
     the claim in accordance with 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)(C);
       ``(iii) for any inactive chemical substance identified 
     under section 8(b)(5); or
       ``(iv) in limited circumstances, if the Administrator 
     determines that disclosure of certain information currently 
     protected from disclosure would assist the Administrator in 
     conducting safety assessments and safety determinations under 
     subsections (b) and (c) of section 6 or promulgating rules 
     pursuant to section 6(d).
       ``(B) Review required.--The Administrator shall review a 
     claim for protection of information against disclosure under 
     subsection (a) and require any person that has claimed 
     protection for that information, whether before, on, or after 
     the date of enactment of the Frank R. Lautenberg Chemical 
     Safety for the 21st Century Act, to withdraw or reassert and 
     substantiate or resubstantiate the claim in accordance with 
     this section--
       ``(i) as necessary to determine whether the information 
     qualifies for an exemption from disclosure in connection with 
     a request for information received by the Administrator under 
     section 552 of title 5, United States Code;
       ``(ii) if the Administrator has a reasonable basis to 
     believe that the information does not qualify for protection 
     against disclosure under subsection (a); or
       ``(iii) for any substance for which the Administrator has 
     made a determination under section 6(c)(1)(B).
       ``(C) Action by recipient.--If the Administrator makes a 
     request under subparagraph (A) or (B), the recipient of the 
     request shall--
       ``(i) reassert and substantiate or resubstantiate the 
     claim; or
       ``(ii) withdraw the claim.
       ``(D) Period of protection.--Protection from disclosure of 
     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)(i) develop a system to assign a unique identifier to 
     each specific chemical identity for which the Administrator 
     approves a request for protection from disclosure, other than 
     a specific chemical identity or structurally descriptive 
     generic term; and
       ``(ii) apply that identifier consistently to all 
     information relevant to the applicable chemical substance;
       ``(B) annually publish and update a list of chemical 
     substances, referred to by unique identifier, for which 
     claims to protect the specific chemical identity from 
     disclosure have been approved, including the expiration date 
     for each such claim;
       ``(C) ensure that any nonconfidential information received 
     by the Administrator with respect to such a chemical 
     substance during the period of protection from disclosure--
       ``(i) is made public; and
       ``(ii) identifies the chemical substance using the unique 
     identifier; and
       ``(D) for each claim for protection of specific chemical 
     identity that has been denied by the Administrator or 
     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 chemical substance.
       ``(g) Duties of 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) Reasons for denial or modification.--If the 
     Administrator denies or modifies a claim or request under 
     subparagraph (A), the Administrator shall provide to the 
     person that submitted the claim or request a written 
     statement of the reasons for the denial or modification of 
     the claim or request.
       ``(C) Subsets.--The Administrator shall--
       ``(i) except for claims described in subsection (b)(8), 
     review all claims or requests 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 or requests for protection 
     against disclosure.
       ``(D) Effect of failure to act.--The failure of the 
     Administrator to make a decision regarding a claim or request 
     for protection against disclosure or extension under this 
     section shall not be the basis for denial or elimination of a 
     claim or request 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 or request under paragraph (1), 
     intends to release information pursuant to subsection (e), or 
     promulgates a rule under section 6(d) establishing a ban or 
     phase-out of a chemical substance, the Administrator shall 
     notify, in writing and by certified mail, the person that 
     submitted the claim of the intent of the Administrator to 
     release the information.
       ``(B) Release of information.--Except as provided in 
     subparagraph (C), the Administrator shall not release 
     information under this subsection until the date that is 30 
     days after the date on which the person that submitted the 
     request receives notification under subparagraph (A).
       ``(C) 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 that submitted the claim or request 
     receives a notification, unless the Administrator determines 
     that release of the information is necessary to protect 
     against an imminent and substantial harm to health or the 
     environment, in which case no prior notification shall be 
     necessary.
       ``(ii) Notification as soon as practicable.--For 
     information under paragraphs (4) and (6) of subsection (e), 
     the Administrator shall notify the person that submitted the 
     information that the information has been disclosed as soon 
     as practicable after disclosure of the information.
       ``(iii) No notification required.--Notification shall not 
     be required--

       ``(I) for the disclosure of information under paragraph 
     (1), (2), (7), or (9) of subsection (e); or
       ``(II) for the disclosure of information for which--

       ``(aa) a notice under subsection (f)(1)(C)(i) was received; 
     and
       ``(bb) no request was received by the Administrator on or 
     before the date of expiration of the period for which 
     protection from disclosure applies.
       ``(3) Rebuttable presumption.--
       ``(A) In general.--With respect to notifications provided 
     by the Administrator under paragraph (2) with respect to 
     information pertaining to a chemical substance subject to a 
     rule as described in subsection (c)(3), there shall be a 
     rebuttable presumption that the public interest in disclosing 
     confidential information related to a chemical substance 
     subject to a rule promulgated under section 6(d) that 
     establishes a ban or phase-out of the manufacture, 
     processing, or distribution in commerce of the substance 
     outweighs the proprietary interest in maintaining the 
     protection from disclosure of that information.
       ``(B) Request for nondisclosure.--A person that receives a 
     notification under paragraph (2) with respect to the 
     information described in subparagraph (A) may submit to the 
     Administrator,

[[Page 7027]]

     before the date on which the information is to be released 
     pursuant to paragraph (2)(B), a request with supporting 
     documentation describing why the person believes some or all 
     of that information should not be disclosed.
       ``(C) Determination by administrator.--
       ``(i) In general.--Not later than 30 days after the 
     Administrator receives a request under subparagraph (B), the 
     Administrator shall determine whether the documentation 
     provided by the person making the request rebuts or does not 
     rebut the presumption described in subparagraph (A), for all 
     or a portion of the information that the person has requested 
     not be disclosed.
       ``(ii) Objective.--The Administrator shall make the 
     determination with the objective of ensuring that information 
     relevant to protection of health and the environment is 
     disclosed to the maximum extent practicable.
       ``(D) Timing.--Not later than 30 days after making the 
     determination described in subparagraph (C), the 
     Administrator shall make public the information the 
     Administrator has determined is not to be protected from 
     disclosure.
       ``(E) No timely request received.--If the Administrator 
     does not receive, before the date on which the information 
     described in subparagraph (A) is to be released pursuant to 
     paragraph (2)(B), a request pursuant to subparagraph (B), the 
     Administrator shall promptly make public all of the 
     information.
       ``(4) Appeals.--
       ``(A) In general.--If a person receives a notification 
     under paragraph (2) and believes disclosure of the 
     information is prohibited under subsection (a), before the 
     date on which the information is to be released pursuant to 
     paragraph (2)(B), the person may bring an action to restrain 
     disclosure of the information in--
       ``(i) the United States district court of the district in 
     which the complainant resides or has the principal place of 
     business; or
       ``(ii) the United States District Court for the District of 
     Columbia.
       ``(B) No disclosure.--The Administrator shall not disclose 
     any information that is the subject of an appeal under this 
     section before the date on which the applicable court rules 
     on an action under subparagraph (A).
       ``(5) Request and notification system.--The Administrator, 
     in consultation with the Director of the Centers for Disease 
     Control and Prevention, shall develop a request and 
     notification system that allows for expedient and swift 
     access to information disclosed pursuant to paragraphs (5) 
     and (6) of subsection (e) in a format and language that is 
     readily accessible and understandable.
       ``(h) Criminal Penalty for Wrongful Disclosure.--
       ``(1) Officers and employees of united states.--
       ``(A) In general.--Subject to paragraph (2), a current or 
     former officer or employee of the United States described in 
     subparagraph (B) shall be guilty of a misdemeanor and fined 
     under title 18, United States Code, or imprisoned for not 
     more than 1 year, or both.
       ``(B) Description.--A current or former officer or employee 
     of the United States referred to in subparagraph (A) is a 
     current or former officer or employee of the United States 
     who--
       ``(i) 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
       ``(ii) 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.
       ``(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 purposes of this subsection, any 
     contractor of the United States that is provided 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) In general.--Except as otherwise provided in this 
     section, section 8, or any other applicable Federal law, the 
     Administrator shall have no authority--
       ``(A) to require the substantiation or resubstantiation of 
     a claim for the protection from disclosure of information 
     reported to or otherwise obtained by the Administrator under 
     this Act before the date of enactment of the Frank R. 
     Lautenberg Chemical Safety for the 21st Century Act; or
       ``(B) to impose substantiation or resubstantiation 
     requirements under this Act that are more extensive than 
     those required under this section.
       ``(2) Actions prior to promulgation of rules.--Nothing in 
     this Act prevents the Administrator from reviewing, requiring 
     substantiation or resubstantiation for, or approving, 
     modifying or denying any claim for the protection from 
     disclosure of information before the effective date of such 
     rules applicable to those claims as the Administrator may 
     promulgate after the date of enactment of the Frank R. 
     Lautenberg Chemical Safety for the 21st Century Act.''.

     SEC. 15. PROHIBITED ACTS.

       Section 15 of the Toxic Substances Control Act (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 under section 5 or 6;
       ``(C) any rule promulgated, consent agreement entered into, 
     or order issued under section 5 or 6; or
       ``(D) any requirement of, or any rule promulgated or order 
     issued pursuant to title II;''.

     SEC. 16. PENALTIES.

       Section 16 of the Toxic Substances Control Act (15 U.S.C. 
     2615) is amended--
       (1) in subsection (a)(1)--
       (A) in the first sentence, by striking ``$25,000'' and 
     inserting ``$37,500''; and
       (B) 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 who'' and inserting the 
     following:
       ``(1) In general.--Any person that'';
       (B) by striking ``$25,000'' and inserting ``$50,000''; and
       (C) by adding at the end the following:
       ``(2) Imminent danger of death or serious bodily injury.--
       ``(A) In general.--Any person that knowingly or willfully 
     violates any provision of section 15 or 409, and that knows 
     at the time of the violation that the violation places an 
     individual in imminent danger of death or serious bodily 
     injury, shall be subject on conviction to a fine of not more 
     than $250,000, or imprisonment for not more than 15 years, or 
     both.
       ``(B) Organizations.--An organization that commits a 
     violation described in subparagraph (A) shall be subject on 
     conviction to a fine of not more than $1,000,000 for each 
     violation.
       ``(C) Incorporation of corresponding provisions.--
     Subparagraphs (B) through (F) of section 113(c)(5) of the 
     Clean Air Act (42 U.S.C. 7413(c)(5)) shall apply to the 
     prosecution of a violation under this paragraph.''.

     SEC. 17. STATE-FEDERAL RELATIONSHIP.

       Section 18 of the Toxic Substances Control Act (15 U.S.C. 
     2617) is amended by striking subsections (a) and (b) and 
     inserting the following:
       ``(a) In General.--
       ``(1) Establishment or enforcement.--Except as provided in 
     subsections (c), (d), (e), (f), and (g), and subject to 
     paragraph (2), no State or political subdivision of a State 
     may establish or continue to enforce any of the following:
       ``(A) Testing.--A statute or administrative action to 
     require the development of information on a chemical 
     substance or category of substances that is reasonably likely 
     to produce the same information required under section 4, 5, 
     or 6 in--
       ``(i) a rule promulgated by the Administrator;
       ``(ii) a testing consent agreement entered into by the 
     Administrator; or
       ``(iii) an order issued by the Administrator.
       ``(B) Chemical substances found to meet the safety standard 
     or restricted.--A statute or administrative action to 
     prohibit or otherwise restrict the manufacture, processing, 
     or distribution in commerce or use of a chemical substance--
       ``(i) found to meet the safety standard and consistent with 
     the scope of the determination made under section 6; or
       ``(ii) found not to meet the safety standard, after the 
     effective date of the rule issued under section 6(d) for the 
     substance, consistent with the scope of the determination 
     made by the Administrator.
       ``(C) Significant new use.--A statute or administrative 
     action requiring the notification of a use of a chemical 
     substance that the Administrator has specified as a 
     significant new use and for which the Administrator has 
     required notification pursuant to a rule promulgated under 
     section 5.
       ``(2) Effective date of preemption.--Under this subsection, 
     Federal preemption of statutes and administrative actions 
     applicable to specific substances shall not occur until the 
     effective date of the applicable action described in 
     paragraph (1) taken by the Administrator.
       ``(b) New Statutes or Administrative Actions Creating 
     Prohibitions or Other Restrictions.--
       ``(1) In general.--Except as provided in subsections (c), 
     (d), (e), (f), and (g), beginning on the date on which the 
     Administrator defines and publishes the scope of a safety 
     assessment and safety determination under section 6(a)(2) and 
     ending on the date on which the deadline established pursuant 
     to section 6(a) for completion of the safety determination 
     expires, or on the date on which the Administrator publishes 
     the safety determination under section 6(a), whichever is 
     earlier, no State or political subdivision of a State may 
     establish a statute or administrative action prohibiting or 
     restricting the manufacture, processing, distribution in 
     commerce or use of a chemical substance that is a high-
     priority substance designated under section 4A.
       ``(2) Effect of subsection.--
       ``(A) In general.--This subsection does not restrict the 
     authority of a State or political subdivision of a State to 
     continue to enforce any statute enacted, or administrative 
     action taken, prior to the date on which the Administrator 
     defines and publishes the scope of a safety assessment and 
     safety determination under section 6(a)(2).
       ``(B) Limitation.--Subparagraph (A) does not allow a State 
     or political subdivision of a State to enforce any new 
     prohibition or restriction under a statute or administrative 
     action described in that subparagraph, if the prohibition or 
     restriction is established after the date described in that 
     subparagraph.
       ``(c) Scope of Preemption.--Federal preemption under 
     subsections (a) and (b) of statutes and administrative 
     actions applicable to specific substances shall apply only 
     to--
       ``(1) the chemical substances or category of substances 
     subject to a rule, order, or consent agreement under section 
     4;

[[Page 7028]]

       ``(2) the hazards, exposures, risks, and uses or conditions 
     of use of such substances that are identified by the 
     Administrator as subject to review in a safety assessment and 
     included in the scope of the safety determination made by the 
     Administrator for the substance, or of any rule the 
     Administrator promulgates pursuant to section 6(d); or
       ``(3) the uses of such substances that the Administrator 
     has specified as significant new uses and for which the 
     Administrator has required notification pursuant to a rule 
     promulgated under section 5.
       ``(d) Exceptions.--
       ``(1) No preemption of statutes and administrative 
     actions.--
       ``(A) In general.--Nothing in this Act, nor any amendment 
     made by this Act, nor any rule, 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 
     rule, standard of performance, safety determination, 
     scientific assessment, or any protection for public health or 
     the environment that--
       ``(i) is adopted or authorized under the authority of any 
     other Federal law or adopted to satisfy or obtain 
     authorization or approval under any other Federal law;
       ``(ii) implements a reporting, monitoring, disclosure, or 
     other information obligation for the chemical substance not 
     otherwise required by the Administrator under this Act or 
     required under any other Federal law;
       ``(iii) is adopted pursuant to authority under a law of the 
     State or political subdivision of the State related to water 
     quality, air quality, or waste treatment or disposal, except 
     to the extent that the action--

       ``(I) imposes a restriction on the manufacture, processing, 
     distribution in commerce, or use of a chemical substance; and
       ``(II)(aa) addresses the same hazards and exposures, with 
     respect to the same conditions of use as are included in the 
     scope of the safety determination pursuant to section 6, but 
     is inconsistent with the action of the Administrator; or
       ``(bb) would cause a violation of the applicable action by 
     the Administrator under section 5 or 6; or

       ``(iv) subject to subparagraph (B), is identical to a 
     requirement prescribed by the Administrator.
       ``(B) Identical requirements.--
       ``(i) In general.--The penalties and other sanctions 
     applicable under a law of a State or political subdivision of 
     a State in the event of noncompliance with the identical 
     requirement shall be no more stringent than the penalties and 
     other sanctions available to the Administrator under section 
     16 of this Act.
       ``(ii) Penalties.--In the case of an identical 
     requirement--

       ``(I) a State or political subdivision of a State may not 
     assess a penalty for a specific violation for which the 
     Administrator has assessed an adequate penalty under section 
     16; and
       ``(II) if a State or political subdivision of a State has 
     assessed a penalty for a specific violation, the 
     Administrator may not assess a penalty for that violation in 
     an amount that would cause the total of the penalties 
     assessed for the violation by the State or political 
     subdivision of a State and the Administrator combined to 
     exceed the maximum amount that may be assessed for that 
     violation by the Administrator under section 16.

       ``(2) Applicability to certain rules or orders.--
     Notwithstanding subsection (e)--
       ``(A) nothing in this section shall be construed as 
     modifying the effect under this section, as in effect on the 
     day before the effective date of the Frank R. Lautenberg 
     Chemical Safety for the 21st Century Act, of any rule or 
     order promulgated or issued under this Act prior to that 
     effective date; and
       ``(B) with respect to a chemical substance or mixture for 
     which any rule or order was promulgated or issued under 
     section 6 prior to the effective date of the Frank R. 
     Lautenberg Chemical Safety for the 21st Century Act with 
     regards to manufacturing, processing, distribution in 
     commerce, use, or disposal of a chemical substance, this 
     section (as in effect on the day before the effective date of 
     the Frank R. Lautenberg Chemical Safety for the 21st Century 
     Act) shall govern the preemptive effect of any rule or order 
     that is promulgated or issued respecting such chemical 
     substance or mixture under section 6 of this Act after that 
     effective date, unless the latter rule or order is with 
     respect to a chemical substance or mixture containing a 
     chemical substance and follows a designation of that chemical 
     substance as a high-priority substance under subsection (b) 
     or (c) of section 4A or as an additional priority for safety 
     assessment and safety determination under section 4A(c).
       ``(e) Preservation of Certain Laws.--
       ``(1) In general.--Nothing in this Act, subject to 
     subsection (g) of this section, shall--
       ``(A) be construed to preempt or otherwise affect the 
     authority of a State or political subdivision of a State to 
     continue to enforce any action taken before August 1, 2015, 
     under the authority of a law of the State or political 
     subdivision of the State that prohibits or otherwise 
     restricts manufacturing, processing, distribution in 
     commerce, use, or disposal of a chemical substance; or
       ``(B) be construed to preempt or otherwise affect any 
     action taken pursuant to a State law that was in effect on 
     August 31, 2003.
       ``(2) Effect of subsection.--This subsection does not 
     affect, modify, or alter the relationship between Federal law 
     and laws of a State or political subdivision of a State 
     pursuant to any other Federal law.
       ``(f) Waivers.--
       ``(1) Discretionary exemptions.--Upon application of a 
     State or political subdivision of a State, the Administrator 
     may by rule, exempt from subsection (a), under such 
     conditions as may be prescribed in the rule, a statute or 
     administrative action of that State or political subdivision 
     of the State that relates to the effects of, or exposure to, 
     a chemical substance under the conditions of use if the 
     Administrator determines that--
       ``(A) compelling conditions warrant granting the waiver to 
     protect health or the environment;
       ``(B) compliance with the proposed requirement of the State 
     or political subdivision of the State would not unduly burden 
     interstate commerce in the manufacture, processing, 
     distribution in commerce, or use of a chemical substance;
       ``(C) compliance with the proposed requirement of the State 
     or political subdivision of the State would not cause a 
     violation of any applicable Federal law, rule, or order; and
       ``(D) in the judgment of the Administrator, the proposed 
     requirement of the State or political subdivision of the 
     State is designed to address a risk of a chemical substance, 
     under the conditions of use, that was identified--
       ``(i) consistent with the best available science;
       ``(ii) using supporting studies conducted in accordance 
     with sound and objective scientific practices; and
       ``(iii) based on the weight of the scientific evidence.
       ``(2) Required exemptions.--Upon application of a State or 
     political subdivision of a State, the Administrator shall 
     exempt from subsection (b) a statute or administrative action 
     of a State or political subdivision of a State that relates 
     to the effects of exposure to a chemical substance under the 
     conditions of use if the Administrator determines that--
       ``(A) compliance with the proposed requirement of the State 
     or political subdivision of the State would not unduly burden 
     interstate commerce in the manufacture, processing, 
     distribution in commerce, or use of a chemical substance;
       ``(B) compliance with the proposed requirement of the State 
     or political subdivision of the State would not cause a 
     violation of any applicable Federal law, rule, or order; and
       ``(C) the State or political subdivision of the State has a 
     concern about the chemical substance or use of the chemical 
     substance based in peer-reviewed science.
       ``(3) Determination of a waiver request.--The duty of the 
     Administrator to grant or deny a waiver application shall be 
     nondelegable and shall be exercised--
       ``(A) not later than 180 days after the date on which an 
     application under paragraph (1) is submitted; and
       ``(B) not later than 110 days after the date on which an 
     application under paragraph (2) is submitted.
       ``(4) Failure to make determination.--If the Administrator 
     fails to make a determination under paragraph (3)(B) during 
     the 110-day period beginning on the date on which an 
     application under paragraph (2) is submitted, the statute or 
     administrative action of the State or political subdivision 
     of the State that was the subject of the application shall 
     not be considered to be an existing statute or administrative 
     action for purposes of subsection (b) by reason of the 
     failure of the Administrator to make a determination.
       ``(5) Notice and comment.--Except in the case of an 
     application approved under paragraph (9), the application of 
     a State or political subdivision of a State shall be subject 
     to public notice and comment.
       ``(6) Final agency action.--The decision of the 
     Administrator on the application of a State or political 
     subdivision of a State shall be--
       ``(A) considered to be a final agency action; and
       ``(B) subject to judicial review.
       ``(7) Duration of waivers.--A waiver granted under 
     paragraph (2) or approved under paragraph (9) shall remain in 
     effect until such time as the Administrator publishes the 
     safety determination under section 6(a)(4).
       ``(8) Judicial review of waivers.--Not later than 60 days 
     after the date on which the Administrator makes a 
     determination on an application of a State or political 
     subdivision of a State under paragraph (1) or (2), any person 
     may file a petition for judicial review in the United States 
     Court of Appeals for the District of Columbia Circuit, which 
     shall have exclusive jurisdiction over the determination.
       ``(9) Approval.--
       ``(A) Automatic approval.--If the Administrator fails to 
     meet the deadline established under paragraph (3)(B), the 
     application of a State or political subdivision of a State 
     under paragraph (2) shall be automatically approved, 
     effective on the date that is 10 days after the deadline.
       ``(B) Requirements.--Notwithstanding paragraph (6), 
     approval of a waiver application under subparagraph (A) for 
     failure to meet the deadline under paragraph (3)(B) shall not 
     be considered final agency action or be subject to judicial 
     review or public notice and comment.
       ``(g) Savings.--
       ``(1) No preemption of common law or statutory causes of 
     action for civil relief or criminal conduct.--
       ``(A) In general.--Nothing in this Act, nor any amendment 
     made by this Act, nor any safety standard, rule, requirement, 
     standard of performance, safety determination, or scientific 
     assessment implemented pursuant to this Act,

[[Page 7029]]

     shall be construed to preempt, displace, or supplant any 
     state or Federal common law rights or any state or Federal 
     statute creating a remedy for civil relief, including those 
     for civil damage, or a penalty for a criminal conduct.
       ``(B) Clarification of no preemption.--Notwithstanding any 
     other provision of this Act, nothing in this Act, nor any 
     amendments made by 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 law, maritime law, 
     or Federal common law or statutory theory.
       ``(2) No effect on private remedies.--
       ``(A) In general.--Nothing in this Act, nor any amendments 
     made by 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) Authority of courts.--This Act does not affect the 
     authority of any court to make a determination in an 
     adjudicatory proceeding under applicable State or Federal law 
     with respect to the admission into evidence or any other use 
     of this Act or rules, regulations, requirements, standards of 
     performance, safety assessments, scientific assessments, or 
     orders issued pursuant to this Act.''.

     SEC. 18. JUDICIAL REVIEW.

       Section 19 of the Toxic Substances Control Act (15 U.S.C. 
     2618) is amended--
       (1) in subsection (a)--
       (A) in paragraph (1)--
       (i) in subparagraph (A)--

       (I) in the first sentence--

       (aa) by striking ``Not'' and inserting ``Except as 
     otherwise provided in this title, not'';
       (bb) 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 ``this 
     title or title II or IV, or an order under section 
     6(c)(1)(A)''; and
       (cc) by striking ``judicial review of such rule'' and 
     inserting ``judicial review of such rule or order''; and

       (II) in the second sentence, by striking ``such a rule'' 
     and inserting ``such a rule or order''; and

       (ii) in subparagraph (B)--

       (I) by striking ``Courts'' and inserting ``Except as 
     otherwise provided in this title, courts''; and
       (II) by striking ``an order issued under subparagraph (A) 
     or (B) of section 6(b)(1)'' and inserting ``an order issued 
     under this title'';

       (B) in paragraph (2), in the second sentence, by striking 
     ``the filing of the rulemaking record of proceedings on which 
     the Administrator based the rule being reviewed'' and 
     inserting ``the filing of the record of proceedings on which 
     the Administrator based the rule or order being reviewed''; 
     and
       (C) by striking paragraph (3) and inserting the following:
       ``(3) Judicial review of low-priority decisions.--
       ``(A) In general.--Not later than 60 days after the 
     publication of a designation under section 4A(b)(4), or a 
     designation under section 4A(b)(8) of a chemical substance as 
     a low-priority substance, any person may commence a civil 
     action to challenge the designation.
       ``(B) Jurisdiction.--The United States Court of Appeals for 
     the District of Columbia Circuit shall have exclusive 
     jurisdiction over a civil action filed under this 
     paragraph.''; and
       (2) in subsection (c)(1)(B)--
       (A) in clause (i)--
       (i) by striking ``section 4(a), 5(b)(4), 6(a), or 6(e)'' 
     and inserting ``section 4(a), 6(d), or 6(g), or an order 
     under section 6(c)(1)(A)''; and
       (ii) by striking ``evidence in the rulemaking record (as 
     defined in subsection (a)(3)) taken as a whole;'' and 
     inserting ``evidence (including any matter) in the rulemaking 
     record, taken as a whole; and''; and
       (B) by striking clauses (ii) and (iii) and the matter 
     following clause (iii) and inserting the following:
       ``(ii) the court may not review the contents and adequacy 
     of any statement of basis and purpose required by section 
     553(c) of title 5, United States Code, to be incorporated in 
     the rule, except as part of the rulemaking record, taken as a 
     whole.''.

     SEC. 19. CITIZENS' CIVIL ACTIONS.

       Section 20 of the Toxic Substances Control Act (15 U.S.C. 
     2619) is amended--
       (1) in subsection (a)(1), by striking ``or order issued 
     under section 5'' and inserting ``or order issued under 
     section 4 or 5''; and
       (2) in subsection (b)--
       (A) in paragraph (1)(B), by striking ``or'' at the end;
       (B) in paragraph (2), by striking the period at the end and 
     inserting ``, except that no prior notification shall be 
     required in the case of a civil action brought to compel a 
     decision by the Administrator pursuant to section 
     18(f)(3)(B); or''; and
       (C) by adding at the end the following:
       ``(3) in the case of a civil action brought to compel a 
     decision by the Administrator pursuant to section 
     18(f)(3)(B), after the date that is 60 days after the 
     deadline specified in section 18(f)(3)(B).''.

     SEC. 20. CITIZENS' PETITIONS.

       Section 21 of the Toxic Substances Control Act (15 U.S.C. 
     2620) is amended--
       (1) in subsection (a), by striking ``an order under section 
     5(e) or 6(b)(2)'' and inserting ``an order under section 4 or 
     5(d)''; and
       (2) in subsection (b)--
       (A) in paragraph (1), by striking ``an order under section 
     5(e), 6(b)(1)(A), or 6(b)(1)(B)'' and inserting ``an order 
     under section 4 or 5(d)''; 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 pursuant to section 4, 
     5, 6, or 8 or issue an order under section 4 or 5(d), 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 in a de novo proceeding under 
     this subparagraph 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 is needed for a purpose identified in section 
     4(a);
       ``(bb) in the case of a petition to issue an order under 
     section 5(d), the chemical 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), the chemical 
     substance does 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 
     protect health or the environment or ensure that the chemical 
     substance meets the safety standard.

       ``(II) Deferment.--The court in a de novo proceeding under 
     this subparagraph 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 health or the environment 
     alleged by the petitioner is less than the extent of risks to 
     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. 21. EMPLOYMENT EFFECTS.

       Section 24(b)(2)(B)(ii) of the Toxic Substances Control Act 
     (15 U.S.C. 2623(b)(2)(B)(ii)) is amended by striking 
     ``section 6(c)(3),'' and inserting ``the applicable 
     requirements of this Act;''.

     SEC. 22. STUDIES.

       Section 25 of the Toxic Substances Control Act (15 U.S.C. 
     2624) is repealed.

     SEC. 23. ADMINISTRATION.

       Section 26 of the Toxic Substances Control Act (15 U.S.C. 
     2625) is amended--
       (1) by striking subsection (b) and inserting the following:
       ``(b) Fees.--
       ``(1) In general.--The Administrator shall establish, not 
     later than 1 year after the date of enactment of the Frank R. 
     Lautenberg Chemical Safety for the 21st Century Act, by 
     rule--
       ``(A) the payment of 1 or more reasonable fees as a 
     condition of submitting a notice or requesting an exemption 
     under section 5; and
       ``(B) the payment of 1 or more reasonable fees by a 
     manufacturer or processor that--
       ``(i) is required to submit a notice pursuant to the rule 
     promulgated under section 8(b)(4)(A)(i) identifying a 
     chemical substance as active;
       ``(ii) is required to submit a notice pursuant to section 
     8(b)(5)(B)(i) changing the status of a chemical substance 
     from inactive to active;
       ``(iii) is required to report information pursuant to the 
     rules promulgated under paragraph (1) or (4) of section 8(a); 
     or
       ``(iv) manufactures or processes a chemical substance 
     subject to a safety assessment and safety determination 
     pursuant to section 6.
       ``(2) Utilization and collection of fees.--The 
     Administrator shall--
       ``(A) utilize the fees collected under paragraph (1) only 
     to defray costs associated with the actions of the 
     Administrator--
       ``(i) to collect, process, review, provide access to, and 
     protect from disclosure (where appropriate) information on 
     chemical substances under this Act;
       ``(ii) to review notices and make determinations for 
     chemical substances under paragraphs (1) and (3) of section 
     5(d) and impose any necessary restrictions under section 
     5(d)(4);
       ``(iii) to make prioritization decisions under section 4A;
       ``(iv) to conduct and complete safety assessments and 
     determinations under section 6; and
       ``(v) to conduct any necessary rulemaking pursuant to 
     section 6(d);
       ``(B) insofar as possible, collect the fees described in 
     paragraph (1) in advance of conducting any fee-supported 
     activity;
       ``(C) deposit the fees in the Fund established by paragraph 
     (4)(A); and
       ``(D) insofar as possible, not collect excess fees or 
     retain a significant amount of unused fees.
       ``(3) Amount and adjustment of fees; refunds.--In setting 
     fees under this section, the Administrator shall--
       ``(A) prescribe lower fees for small business concerns, 
     after consultation with the Administrator of the Small 
     Business Administration;
       ``(B) set the fees established under paragraph (1) at 
     levels such that the fees will, in aggregate, provide a 
     sustainable source of funds to annually defray--
       ``(i) the lower of--

       ``(I) 25 percent of the costs of conducting the activities 
     identified in paragraph (2)(A), other than the costs to 
     conduct and complete safety

[[Page 7030]]

     assessments and determinations under section 6 for chemical 
     substances identified pursuant to section 4A(c); or
       ``(II) $25,000,000 (subject to adjustment pursuant to 
     subparagraph (F)); and

       ``(ii) the full costs and the 50-percent portion of the 
     costs of safety assessments and safety determinations 
     specified in subparagraph (D);
       ``(C) reflect an appropriate balance in the assessment of 
     fees between manufacturers and processors, and allow the 
     payment of fees by consortia of manufacturers or processors;
       ``(D) notwithstanding subparagraph (B) and paragraph 
     (4)(D)--
       ``(i) for substances designated pursuant to section 
     4A(c)(1), establish the fee at a level sufficient to defray 
     the full annual costs to the Administrator of conducting the 
     safety assessment and safety determination under section 6; 
     and
       ``(ii) for substances designated pursuant to section 
     4A(c)(3), establish the fee at a level sufficient to defray 
     50 percent of the annual costs to the Administrator of 
     conducting the safety assessment and safety determination 
     under section 6;
       ``(E) prior to the establishment or amendment of any fees 
     under paragraph (1), consult and meet with parties 
     potentially subject to the fees or their representatives, 
     subject to the condition that no obligation under the Federal 
     Advisory Committee Act (5 U.S.C. App.) or subchapter III of 
     chapter 5 of title 5, United States Code, is applicable with 
     respect to such meetings;
       ``(F) beginning with the fiscal year that is 3 years after 
     the date of enactment of the Frank R. Lautenberg Chemical 
     Safety for the 21st Century Act, and every 3 years 
     thereafter, after consultation with parties potentially 
     subject to the fees and their representatives pursuant to 
     subparagraph (E), increase or decrease the fees established 
     under paragraph (1) as necessary to adjust for inflation and 
     to ensure, based on the audit analysis required under 
     paragraph (5)(B), that funds deposited in the Fund are 
     sufficient to defray--
       ``(i) approximately but not more than 25 percent of the 
     annual costs to conduct the activities identified in 
     paragraph (2)(A), other than the costs to conduct and 
     complete safety assessments and determinations under section 
     6 for chemical substances identified pursuant to section 
     4A(c); and
       ``(ii) the full annual costs and the 50-percent portion of 
     the annual costs of safety assessments and safety 
     determinations specified in subparagraph (D);
       ``(G) adjust fees established under paragraph (1) as 
     necessary to vary on account of differing circumstances, 
     including reduced fees or waivers in appropriate 
     circumstances, to reduce the burden on manufacturing or 
     processing, remove barriers to innovation, or where the costs 
     to the Administrator of collecting the fees exceed the fee 
     revenue anticipated to be collected; and
       ``(H) if a notice submitted under section 5 is refused or 
     subsequently withdrawn, refund the fee or a portion of the 
     fee if no substantial work was performed on the notice.
       ``(4) TSCA implementation fund.--
       ``(A) Establishment.--There is established in the Treasury 
     of the United States a fund, to be known as the `TSCA 
     Implementation Fund' (referred to in this subsection as the 
     `Fund'), consisting of--
       ``(i) such amounts as are deposited in the Fund under 
     paragraph (2)(C); and
       ``(ii) any interest earned on the investment of amounts in 
     the Fund; and
       ``(iii) any proceeds from the sale or redemption of 
     investments held in the Fund.
       ``(B) Crediting and availability of fees.--
       ``(i) In general.--Fees authorized under this section shall 
     be collected and available for obligation only to the extent 
     and in the amount provided in advance in appropriations Acts, 
     and shall be available without fiscal year limitation.
       ``(ii) Requirements.--Fees collected under this section 
     shall not--

       ``(I) be made available or obligated for any purpose other 
     than to defray the costs of conducting the activities 
     identified in paragraph (2)(A);
       ``(II) otherwise be available for any purpose other than 
     implementation of this Act; and
       ``(III) so long as amounts in the Fund remain available, be 
     subject to restrictions on expenditures applicable to the 
     Federal government as a whole.

       ``(C) Unused funds.--Amounts in the Fund not currently 
     needed to carry out this subsection shall be--
       ``(i) maintained readily available or on deposit;
       ``(ii) invested in obligations of the United States or 
     guaranteed by the United States; or
       ``(iii) invested in obligations, participations, or other 
     instruments that are lawful investments for fiduciary, trust, 
     or public funds.
       ``(D) Minimum amount of appropriations.--Fees may not be 
     assessed for a fiscal year under this section unless the 
     amount of appropriations for the Chemical Risk Review and 
     Reduction program project of the Environmental Protection 
     Agency for the fiscal year (excluding the amount of any fees 
     appropriated for the fiscal year) are equal to or greater 
     than the amount of appropriations for that program project 
     for fiscal year 2014.
       ``(5) Auditing.--
       ``(A) Financial statements of agencies.--For the purpose of 
     section 3515(c) of title 31, United States Code, the Fund 
     shall be considered a component of an executive agency.
       ``(B) Components.--The annual audit required under sections 
     3515(b) and 3521 of that title of the financial statements of 
     activities under this subsection shall include an analysis 
     of--
       ``(i) the fees collected under paragraph (1) and disbursed;
       ``(ii) compliance with the deadlines established in section 
     6 of this Act;
       ``(iii) the amounts budgeted, appropriated, collected from 
     fees, and disbursed to meet the requirements of sections 4, 
     4A, 5, 6, 8, and 14, including the allocation of full time 
     equivalent employees to each such section or activity; and
       ``(iv) the reasonableness of the allocation of the overhead 
     associated with the conduct of the activities described in 
     paragraph (2)(A).
       ``(C) Inspector general.--The Inspector General of the 
     Environmental Protection Agency shall--
       ``(i) conduct the annual audit required under this 
     subsection; and
       ``(ii) report the findings and recommendations of the audit 
     to the Administrator and to the appropriate committees of 
     Congress.
       ``(6) Termination.--The authority provided by this section 
     shall terminate at the conclusion of the fiscal year that is 
     10 years after the date of enactment of the Frank R. 
     Lautenberg Chemical Safety for the 21st Century Act, unless 
     otherwise reauthorized or modified by Congress.'';
       (2) in subsection (e), by striking ``Health, Education, and 
     Welfare'' each place it appears and inserting ``Health and 
     Human Services''; and
       (3) adding at the end the following:
       ``(h) Prior Actions.--Nothing in this Act eliminates, 
     modifies, or withdraws any rule promulgated, order issued, or 
     exemption established pursuant to this Act before the date of 
     enactment of the Frank R. Lautenberg Chemical Safety for the 
     21st Century Act.''.

     SEC. 24. DEVELOPMENT AND EVALUATION OF TEST METHODS AND 
                   SUSTAINABLE CHEMISTRY.

       (a) In General.--Section 27 of the Toxic Substances Control 
     Act (15 U.S.C. 2626) is amended--
       (1) in subsection (a), in the first sentence by striking 
     ``Health, Education, and Welfare'' and inserting ``Health and 
     Human Services''; and
       (2) by adding at the end the following:
       ``(c) National Coordinating Entity for Sustainable 
     Chemistry.--
       ``(1) Establishment.--Not later than 180 days after the 
     date of enactment of the Frank R. Lautenberg Chemical Safety 
     for the 21st Century Act, the Director of the Office of 
     Science and Technology Policy shall convene an entity under 
     the National Science and Technology Council with the 
     responsibility to coordinate Federal programs and activities 
     in support of sustainable chemistry, including, as 
     appropriate, at the National Science Foundation, the 
     Department of Energy, the Department of Agriculture, the 
     Environmental Protection Agency, the National Institute of 
     Standards and Technology, the Department of Defense, the 
     National Institutes of Health, and other related Federal 
     agencies.
       ``(2) Chairman.--The entity described in paragraph (1) 
     shall be chaired by the Director of the National Science 
     Foundation and the Assistant Administrator for the Office of 
     Research and Development of the Environmental Protection 
     Agency, or their designees.
       ``(3) Duties.--
       ``(A) In general.--The entity described in paragraph (1) 
     shall--
       ``(i) develop a working definition of sustainable 
     chemistry, after seeking advice and input from stakeholders 
     as described in clause (v);
       ``(ii) oversee the planning, management, and coordination 
     of the Sustainable Chemistry Initiative described in 
     subsection (d);
       ``(iii) develop a national strategy for sustainable 
     chemistry as described in subsection (f);
       ``(iv) develop an implementation plan for sustainable 
     chemistry as described in subsection (g); and
       ``(v) consult and coordinate with stakeholders qualified to 
     provide advice and information on the development of the 
     initiative, national strategy, and implementation plan for 
     sustainable chemistry, at least once per year, to carry out 
     activities that may include workshops, requests for 
     information, and other efforts as necessary.
       ``(B) Stakeholders.--The stakeholders described in 
     subparagraph (A)(v) shall include representatives from--
       ``(i) industry (including small- and medium-sized 
     enterprises from across the value chain);
       ``(ii) the scientific community (including the National 
     Academy of Sciences, scientific professional societies, and 
     academia);
       ``(iii) the defense community;
       ``(iv) State, tribal, and local governments;
       ``(v) State or regional sustainable chemistry programs;
       ``(vi) nongovernmental organizations; and
       ``(vii) other appropriate organizations.
       ``(4) Sunset.--
       ``(A) In general.--On completion of the national strategy 
     and accompanying implementation plan for sustainable 
     chemistry as described in paragraph (3), the Director of the 
     Office of Science and Technology Policy--
       ``(i) shall review the need for further work; and
       ``(ii) may disband the entity described in paragraph (1) if 
     no further efforts are determined to be necessary.
       ``(B) Notice and justification.--The Director of the Office 
     of Science and Technology Policy shall provide notice and 
     justification, including an analysis of options to establish 
     the Sustainable Chemistry Initiative described in subsection 
     (d) and the partnerships described in subsection (e) within 1 
     or more appropriate Federal agencies, regarding a decision to 
     disband the entity not less than 90 days prior to the 
     termination date to the Committee on Science,

[[Page 7031]]

     Space, and Technology and the Committee on Energy and 
     Commerce of the House of Representatives and the Committee on 
     Environment and Public Works and the Committee on Commerce, 
     Science, and Transportation of the Senate.
       ``(d) Sustainable Chemistry Initiative.--The entity 
     described in subsection (c)(1) shall oversee the 
     establishment of an interagency Sustainable Chemistry 
     Initiative to promote and coordinate activities designed--
       ``(1) to provide sustained support for sustainable 
     chemistry research, development, demonstration, technology 
     transfer, commercialization, education, and training 
     through--
       ``(A) coordination and promotion of sustainable chemistry 
     research, development, demonstration, and technology transfer 
     conducted at Federal and national laboratories and Federal 
     agencies and at public and private institutions of higher 
     education; and
       ``(B) to the extent practicable, encouragement of 
     consideration of sustainable chemistry in, as appropriate--
       ``(i) the conduct of Federal, State, and private science 
     and engineering research and development; and
       ``(ii) the solicitation and evaluation of applicable 
     proposals for science and engineering research and 
     development;
       ``(2) to examine methods by which the Federal Government 
     can offer incentives for consideration and use of sustainable 
     chemistry processes and products that encourage competition 
     and overcoming market barriers, including grants, loans, loan 
     guarantees, and innovative financing mechanisms;
       ``(3) to expand the education and training of undergraduate 
     and graduate students and professional scientists and 
     engineers, including through partnerships with industry as 
     described in subsection (e), in sustainable chemistry science 
     and engineering;
       ``(4) to collect and disseminate information on sustainable 
     chemistry research, development, and technology transfer, 
     including information on--
       ``(A) incentives and impediments to development, 
     manufacturing, and commercialization;
       ``(B) accomplishments;
       ``(C) best practices; and
       ``(D) costs and benefits; and
       ``(5) to support (including through technical assistance, 
     participation, financial support, or other forms of support) 
     economic, legal, and other appropriate social science 
     research to identify barriers to commercialization and 
     methods to advance commercialization of sustainable 
     chemistry.
       ``(e) Partnerships in Sustainable Chemistry.--
       ``(1) In general.--The entity described in subsection 
     (c)(1), itself or through an appropriate subgroup designated 
     or established by the entity, shall work through the agencies 
     described in subsection (c)(1) to support, through financial, 
     technical, or other assistance, the establishment of 
     partnerships between institutions of higher education, 
     nongovernmental organizations, consortia, and companies 
     across the value chain in the chemical industry, including 
     small- and medium-sized enterprises--
       ``(A) to establish collaborative research, development, 
     demonstration, technology transfer, and commercialization 
     programs; and
       ``(B) to train students and retrain professional scientists 
     and engineers in the use of sustainable chemistry concepts 
     and strategies by methods including--
       ``(i) developing curricular materials and courses for 
     undergraduate and graduate levels and for the professional 
     development of scientists and engineers; and
       ``(ii) publicizing the availability of professional 
     development courses in sustainable chemistry and recruiting 
     scientists and engineers to pursue those courses.
       ``(2) Private sector entities.--To be eligible for support 
     under this section, a partnership in sustainable chemistry 
     shall include at least 1 private sector entity.
       ``(3) Selection of partnerships.--In selecting partnerships 
     for support under this section, the entity and the agencies 
     described in subsection (c)(1) shall also consider the extent 
     to which the applicants are willing and able to demonstrate 
     evidence of support for, and commitment--
       ``(A) to achieving the goals of the Sustainable Chemistry 
     Initiative described in subsection (d); and
       ``(B) to sustaining any new innovations, tools, and 
     resources generated from funding under the program.
       ``(4) Prohibited use of funds.--Financial support provided 
     under this section may not be used--
       ``(A) to support or expand a regulatory chemical management 
     program at an implementing agency under a State law; or
       ``(B) to construct or renovate a building or structure.
       ``(f) National Strategy to Congress.--
       ``(1) In general.--Not later than 2 years after the date of 
     enactment of the Frank R. Lautenberg Chemical Safety for the 
     21st Century Act, the entity described in subsection (c)(1) 
     shall submit to the Committee on Science, Space, and 
     Technology and the Committee on Energy and Commerce of the 
     House of Representatives and the Committee on Environment and 
     Public Works and the Committee on Commerce, Science, and 
     Transportation of the Senate, a national strategy that shall 
     include--
       ``(A) a summary of federally funded sustainable chemistry 
     research, development, demonstration, technology transfer, 
     commercialization, education, and training activities;
       ``(B) a summary of the financial resources allocated to 
     sustainable chemistry initiatives;
       ``(C) an analysis of the progress made toward achieving the 
     goals and priorities of the Sustainable Chemistry Initiative 
     described in subsection (d), and recommendations for future 
     initiative activities, including consideration of options to 
     establish the Sustainable Chemistry Initiative and the 
     partnerships described in subsection (e) within 1 or more 
     appropriate Federal agencies;
       ``(D) an assessment of the benefits of expanding existing, 
     federally supported regional innovation and manufacturing 
     hubs to include sustainable chemistry and the value of 
     directing the establishment of 1 or more dedicated 
     sustainable chemistry centers of excellence or hubs;
       ``(E) an evaluation of steps taken and future strategies to 
     avoid duplication of efforts, streamline interagency 
     coordination, facilitate information sharing, and spread best 
     practices between participating agencies in the Sustainable 
     Chemistry Initiative; and
       ``(F) a framework for advancing sustainable chemistry 
     research, development, technology transfer, 
     commercialization, and education and training.
       ``(2) Submission to gao.--The entity described in 
     subsection (c)(1) shall submit the national strategy 
     described in paragraph (1) to the Government Accountability 
     Office for consideration in future Congressional inquiries.
       ``(g) Implementation Plan.--Not later than 3 years after 
     the date of enactment of the Frank R. Lautenberg Chemical 
     Safety for the 21st Century Act, the entity described in 
     subsection (c)(1) shall submit to the Committee on Science, 
     Space, and Technology and the Committee on Energy and 
     Commerce of the House of Representatives and the Committee on 
     Environment and Public Works and the Committee on Commerce, 
     Science, and Transportation of the Senate, an implementation 
     plan, based on the findings of the national strategy and 
     other assessments, as appropriate, for sustainable 
     chemistry.''.
       (b) Sustainable Chemistry Basic Research.--Subject to the 
     availability of appropriated funds, the Director of the 
     National Science Foundation shall continue to carry out the 
     Green Chemistry Basic Research program authorized under 
     section 509 of the National Science Foundation Authorization 
     Act of 2010 (42 U.S.C. 1862p-3).

     SEC. 25. STATE PROGRAMS.

       Section 28 of the Toxic Substances Control Act (15 U.S.C. 
     2627) is amended--
       (1) in subsection (b)(1)--
       (A) in subparagraphs (A) through (D), by striking the comma 
     at the end of each subparagraph and inserting a semicolon; 
     and
       (B) in subparagraph (E), by striking ``, and'' and 
     inserting ``; and''; and
       (2) by striking subsections (c) and (d).

     SEC. 26. AUTHORIZATION OF APPROPRIATIONS.

       Section 29 of the Toxic Substances Control Act (15 U.S.C. 
     2628) is repealed.

     SEC. 27. ANNUAL REPORT.

       Section 30 of the Toxic Substances Control Act (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;''.

     SEC. 28. EFFECTIVE DATE.

       Section 31 of the Toxic Substances Control Act (15 U.S.C. 
     2601 note; Public Law 94-469) is amended--
       (1) by striking ``Except as provided in section 4(f), 
     this'' and inserting the following:
       ``(a) In General.--This''; and
       (2) by adding at the end the following:
       ``(b) Retroactive Applicability.--Nothing in this Act shall 
     be interpreted to apply retroactively to any State, Federal, 
     or maritime legal action commenced prior to the effective 
     date of the Frank R. Lautenberg Chemical Safety for the 21st 
     Century Act.''.

     SEC. 29. ELEMENTAL MERCURY.

       (a) Temporary Generator Accumulation.--Section 5 of the 
     Mercury Export Ban Act of 2008 (42 U.S.C. 6939f) is amended--
       (1) in subsection (a)(2), by striking ``2013'' and 
     inserting ``2019'';
       (2) in subsection (b)--
       (A) in paragraph (1)--
       (i) by redesignating subparagraphs (A), (B), and (C), as 
     clauses (i), (ii), and (iii), respectively and indenting 
     appropriately;
       (ii) in the first sentence, by striking ``After 
     consultation'' and inserting the following:
       ``(A) Assessment and collection.--After consultation'';
       (iii) in the second sentence, by striking ``The amount of 
     such fees'' and inserting the following:
       ``(B) Amount.--The amount of the fees described in 
     subparagraph (A)'';
       (iv) in subparagraph (B) (as so designated)--

       (I) in clause (i) (as so redesignated), by striking 
     ``publically available not later than October 1, 2012'' and 
     inserting ``publicly available not later than October 1, 
     2018'';
       (II) in clause (ii) (as so redesignated), by striking 
     ``and'';
       (III) in clause (iii) (as so redesignated), by striking the 
     period at the end and inserting ``, subject to clause (iv); 
     and''; and
       (IV) by adding at the end the following:

       ``(iv) for generators temporarily accumulating elemental 
     mercury in a facility subject to subparagraphs (B) and 
     (D)(iv) of subsection (g)(2)

[[Page 7032]]

     if the facility designated in subsection (a) is not 
     operational by January 1, 2019, shall be adjusted to subtract 
     the cost of the temporary accumulation during the period in 
     which the facility designated under subsection (a) is not 
     operational.''; and
       (v) by adding at the end the following:
       ``(C) Conveyance of title and permitting.--If the facility 
     designated in subsection (a) is not operational by January 1, 
     2020, the Secretary--
       ``(i) shall immediately accept the conveyance of title to 
     all elemental mercury that has accumulated in facilities in 
     accordance with subsection (g)(2)(D), before January 1, 2020, 
     and deliver the accumulated mercury to the facility 
     designated under subsection (a) on the date on which the 
     facility becomes operational;
       ``(ii) shall pay any applicable Federal permitting costs, 
     including the costs for permits issued under section 3005(c) 
     of the Solid Waste Disposal Act (42 U.S.C. 6925(c)); and
       ``(iii) shall store, or pay the cost of storage of, until 
     the time at which a facility designated in subsection (a) is 
     operational, accumulated mercury to which the Secretary has 
     title under this subparagraph in a facility that has been 
     issued a permit under section 3005(c) of the Solid Waste 
     Disposal Act (42 U.S.C. 6925(c)).''; and
       (B) in paragraph (2), in the first sentence, by striking 
     ``paragraph (1)(C)'' and inserting ``paragraph (1)(B)(iii)''; 
     and
       (3) in subsection (g)(2)--
       (A) in the undesignated material at the end, by striking 
     ``This subparagraph'' and inserting the following:
       ``(C) Subparagraph (B)'';
       (B) in subparagraph (C) (as added by paragraph (1)), by 
     inserting ``of that subparagraph'' before the period at the 
     end; and
       (C) by adding at the end the following:
       ``(D) A generator producing elemental mercury incidentally 
     from the beneficiation or processing of ore or related 
     pollution control activities, may accumulate the mercury 
     produced onsite that is destined for a facility designated by 
     the Secretary under subsection (a), for more than 90 days 
     without a permit issued under section 3005(c) of the Solid 
     Waste Disposal Act (42 U.S.C. 6925(c)), and shall not be 
     subject to the storage prohibition of section 3004(j) of that 
     Act (42 U.S.C. 6924(j)), if--
       ``(i) the Secretary is unable to accept the mercury at a 
     facility designated by the Secretary under subsection (a) for 
     reasons beyond the control of the generator;
       ``(ii) the generator certifies in writing to the Secretary 
     that the generator will ship the mercury to a designated 
     facility when the Secretary is able to accept the mercury;
       ``(iii) the generator certifies in writing to the Secretary 
     that the generator is storing only mercury the generator has 
     produced or recovered onsite and will not sell, or otherwise 
     place into commerce, the mercury; and
       ``(iv) the generator has obtained an identification number 
     under section 262.12 of title 40, Code of Federal 
     Regulations, and complies with the requirements described in 
     paragraphs (1) through (4) of section 262.34(a) of title 40, 
     Code of Federal Regulations (as in effect on the date of 
     enactment of this subparagraph).
       ``(E) Management standards for temporary storage.--Not 
     later than January 1, 2017, the Secretary, after consultation 
     with the Administrator of the Environmental Protection Agency 
     and State agencies in affected States, shall develop and make 
     available guidance that establishes procedures and standards 
     for the management and short-term storage of elemental 
     mercury at a generator covered under subparagraph (D), 
     including requirements to ensure appropriate use of flasks or 
     other suitable containers. Such procedures and standards 
     shall be protective of human health and the environment and 
     shall ensure that the elemental mercury is stored in a safe, 
     secure, and effective manner. A generator may accumulate 
     mercury in accordance with subparagraph (D) immediately upon 
     enactment of this Act, and notwithstanding that guidance 
     called for by this paragraph (E) has not been developed or 
     made available.''.
       (b) Interim Status.--Section 5(d)(1) of the Mercury Export 
     Ban Act of 2008 (42 U.S.C. 6939f(d)(1)) is amended--
       (1) in the fourth sentence, by striking ``in existence on 
     or before January 1, 2013,''; and
       (2) in the last sentence, by striking ``January 1, 2015'' 
     and inserting ``January 1, 2020''.
       (c) Mercury Inventory.--Section 8(b) of the Toxic 
     Substances Control Act (15 U.S.C. 2607(b)) (as amended by 
     section 10(2)) is amended by adding at the end the following:
       ``(10) Mercury.--
       ``(A) Definition of mercury.--In this paragraph, 
     notwithstanding section 3(2)(B), the term `mercury' means--
       ``(i) elemental mercury; and
       ``(ii) a mercury compound.
       ``(B) Publication.--Not later than April 1, 2017, and every 
     3 years thereafter, the Administrator shall publish in the 
     Federal Register an inventory of mercury supply, use, and 
     trade in the United States.
       ``(C) Process.--In carrying out the inventory under 
     subparagraph (B), the Administrator shall--
       ``(i) identify any remaining manufacturing processes or 
     products that intentionally add mercury; and
       ``(ii) recommend actions, including proposed revisions of 
     Federal law (including regulations), to achieve further 
     reductions in mercury use.
       ``(D) Reporting.--
       ``(i) In general.--To assist in the preparation of the 
     inventory under subparagraph (B), any person who manufactures 
     mercury or mercury-added products or otherwise intentionally 
     uses mercury in a manufacturing process shall make periodic 
     reports to the Administrator, at such time and including such 
     information as the Administrator shall determine by rule 
     promulgated not later than 2 years after the date of 
     enactment of this paragraph.
       ``(ii) Coordination.--To avoid duplication, the 
     Administrator shall coordinate the reporting under this 
     subparagraph with the Interstate Mercury Education and 
     Reduction Clearinghouse.
       ``(iii) Exemption.--This subparagraph shall not apply to a 
     person engaged in the generation, handling, or management of 
     mercury-containing waste, unless that person manufactures or 
     recovers mercury in the management of that waste.''.
       (d) Prohibition on Export of Certain Mercury Compounds.--
     Section 12(c) of the Toxic Substances Control Act (15 U.S.C. 
     2611(c)) (as amended by section 13(3)) is amended--
       (1) in the subsection heading, by inserting ``and Mercury 
     Compounds'' after ``Mercury''; and
       (2) by inserting after paragraph (2) the following:
       ``(3) Prohibition on export of certain mercury compounds.--
       ``(A) In general.--Effective January 1, 2020, the export of 
     the following mercury compounds is prohibited:
       ``(i) Mercury (I) chloride or calomel.
       ``(ii) Mercury (II) oxide.
       ``(iii) Mercury (II) sulfate.
       ``(iv) Mercury (II) nitrate.
       ``(v) Cinnabar or mercury sulphide.
       ``(vi) Any mercury compound that the Administrator, at the 
     discretion of the Administrator, adds to the list by rule, on 
     determining that exporting that mercury compound for the 
     purpose of regenerating elemental mercury is technically 
     feasible.
       ``(B) Publication.--Not later than 90 days after the date 
     of enactment of the Frank R. Lautenberg Chemical Safety for 
     the 21st Century Act, and as appropriate thereafter, the 
     Administrator shall publish in the Federal Register a list of 
     the mercury compounds that are prohibited from export under 
     this paragraph.
       ``(C) Petition.--Any person may petition the Administrator 
     to add to the list of mercury compounds prohibited from 
     export.
       ``(D) Environmentally sound disposal.--This paragraph does 
     not prohibit the export of mercury (I) chloride or calomel 
     for environmentally sound disposal to member countries of the 
     Organization for Economic Cooperation and Development, on the 
     condition that no mercury or mercury compounds are to be 
     recovered, recycled, or reclaimed for use, or directly 
     reused.
       ``(E) Report.--Not later than 5 years after the date of 
     enactment of the Frank R. Lautenberg Chemical Safety for the 
     21st Century Act, the Administrator shall evaluate any 
     exports of calomel for disposal that occurred since that date 
     of enactment and shall submit to Congress a report that 
     contains the following:
       ``(i) volumes and sources of calomel exported for disposal;
       ``(ii) receiving countries of such exports;
       ``(iii) methods of disposal used;
       ``(iv) issues, if any, presented by the export of calomel;
       ``(v) evaluation of calomel management options in the 
     United States, if any, that are commercially available and 
     comparable in cost and efficacy to methods being utilized in 
     the receiving countries; and
       ``(vi) a recommendation regarding whether Congress should 
     further limit or prohibit the export of calomel for disposal.
       ``(F) Effect on other law.--Nothing in this paragraph shall 
     be construed to affect the authority of the Administrator 
     under Solid Waste Disposal Act (42 U.S.C. 6901 et seq.).''.

     SEC. 30. TREVOR'S LAW.

       (a) Purposes.--The purposes of this section are--
       (1) to provide the appropriate Federal agencies with the 
     authority to help conduct investigations into potential 
     cancer clusters;
       (2) to ensure that Federal agencies have the authority to 
     undertake actions to help address cancer clusters and factors 
     that may contribute to the creation of potential cancer 
     clusters; and
       (3) to enable Federal agencies to coordinate with other 
     Federal, State, and local agencies, institutes of higher 
     education, and the public in investigating and addressing 
     cancer clusters.
       (b) Designation and Investigation of Potential Cancer 
     Clusters.--Part P of title III of the Public Health Service 
     Act (42 U.S.C. 280g et seq.) is amended by adding at the end 
     the following:

     ``SEC. 399V-6. DESIGNATION AND INVESTIGATION OF POTENTIAL 
                   CANCER CLUSTERS.

       ``(a) Definitions.--In this section:
       ``(1) Cancer cluster.--The term `cancer cluster' means the 
     incidence of a particular cancer within a population group, a 
     geographical area, or a period of time that is greater than 
     expected for such group, area, or period.
       ``(2) Particular cancer.--The term `particular cancer' 
     means one specific type of cancer or a type of cancers 
     scientifically proven to have the same cause.
       ``(3) Population group.--The term `population group' means 
     a group, for purposes of calculating cancer rates, defined by 
     factors such as race, ethnicity, age, or gender.
       ``(b) Criteria for Designation of Potential Cancer 
     Clusters.--
       ``(1) Development of criteria.--The Secretary shall develop 
     criteria for the designation of potential cancer clusters.

[[Page 7033]]

       ``(2) Requirements.--The criteria developed under paragraph 
     (1) shall consider, as appropriate--
       ``(A) a standard for cancer cluster identification and 
     reporting protocols used to determine when cancer incidence 
     is greater than would be typically observed;
       ``(B) scientific screening standards that ensure that a 
     cluster of a particular cancer involves the same type of 
     cancer, or types of cancers;
       ``(C) the population in which the cluster of a particular 
     cancer occurs by factors such as race, ethnicity, age, and 
     gender, for purposes of calculating cancer rates;
       ``(D) the boundaries of a geographic area in which a 
     cluster of a particular cancer occurs so as not to create or 
     obscure a potential cluster by selection of a specific area; 
     and
       ``(E) the time period over which the number of cases of a 
     particular cancer, or the calculation of an expected number 
     of cases, occurs.
       ``(c) Guidelines for Investigation of Potential Cancer 
     Clusters.--The Secretary, in consultation with the Council of 
     State and Territorial Epidemiologists and representatives of 
     State and local health departments, shall develop, publish, 
     and periodically update guidelines for investigating 
     potential cancer clusters. The guidelines shall--
       ``(1) require that investigations of cancer clusters--
       ``(A) use the criteria developed under subsection (b);
       ``(B) use the best available science; and
       ``(C) rely on a weight of the scientific evidence;
       ``(2) provide standardized methods of reviewing and 
     categorizing data, including from health surveillance systems 
     and reports of potential cancer clusters; and
       ``(3) provide guidance for using appropriate 
     epidemiological and other approaches for investigations.
       ``(d) Investigation of Cancer Clusters.--
       ``(1) Secretary discretion.--The Secretary--
       ``(A) in consultation with representatives of the relevant 
     State and local health departments, shall consider whether it 
     is appropriate to conduct an investigation of a potential 
     cancer cluster; and
       ``(B) in conducting investigations shall have the 
     discretion to prioritize certain potential cancer clusters, 
     based on the availability of resources.
       ``(2) Coordination.--In investigating potential cancer 
     clusters, the Secretary shall coordinate with agencies within 
     the Department of Health and Human Services and other Federal 
     agencies, such as the Environmental Protection Agency.
       ``(3) Biomonitoring.--In investigating potential cancer 
     clusters, the Secretary shall rely on all appropriate 
     biomonitoring information collected under other Federal 
     programs, such as the National Health and Nutrition 
     Examination Survey. The Secretary may provide technical 
     assistance for relevant biomonitoring studies of other 
     Federal agencies.
       ``(e) Duties.--The Secretary shall--
       ``(1) ensure that appropriate staff of agencies within the 
     Department of Health and Human Services are prepared to 
     provide timely assistance, to the extent practicable, upon 
     receiving a request to investigate a potential cancer cluster 
     from a State or local health authority;
       ``(2) maintain staff expertise in epidemiology, toxicology, 
     data analysis, environmental health and cancer surveillance, 
     exposure assessment, pediatric health, pollution control, 
     community outreach, health education, laboratory sampling and 
     analysis, spatial mapping, and informatics;
       ``(3) consult with community members as investigations into 
     potential cancer clusters are conducted, as the Secretary 
     determines appropriate;
       ``(4) collect, store, and disseminate reports on 
     investigations of potential cancer clusters, the possible 
     causes of such clusters, and the actions taken to address 
     such clusters; and
       ``(5) provide technical assistance for investigating cancer 
     clusters to State and local health departments through 
     existing programs, such as the Epi-Aids program of the 
     Centers for Disease Control and Prevention and the 
     Assessments of Chemical Exposures program of the Agency for 
     Toxic Substances and Disease Registry.''.

                     Motion Offered by Mr. Shimkus

  Mr. SHIMKUS. Mr. Speaker, I have a motion at the desk.
  The SPEAKER pro tempore. The Clerk will designate the motion.
  The text of the motion is as follows:

       Mr. Shimkus moves that the House concur in the Senate 
     amendment to H.R. 2576 with an amendment inserting the text 
     of Rules Committee Print 114-54, modified by the amendment 
     printed in House Report 114-590, in lieu of the matter 
     proposed to be inserted by the Senate.

  The text of the House amendment to the Senate amendment to the text 
is as follows:

       In lieu of the matter proposed to be inserted by the 
     Senate, insert the following:

     SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

       (a) Short Title.--This Act may be cited as the ``Frank R. 
     Lautenberg Chemical Safety for the 21st Century Act''.
       (b) Table of Contents.--The table of contents of this Act 
     is as follows:

Sec. 1. Short title; table of contents.

                        TITLE I--CHEMICAL SAFETY

Sec. 2. Findings, policy, and intent.
Sec. 3. Definitions.
Sec. 4. Testing of chemical substances and mixtures.
Sec. 5. Manufacturing and processing notices.
Sec. 6. Prioritization, risk evaluation, and regulation of chemical 
              substances and mixtures.
Sec. 7. Imminent hazards.
Sec. 8. Reporting and retention of information.
Sec. 9. Relationship to other Federal laws.
Sec. 10. Exports of elemental mercury.
Sec. 11. Confidential information.
Sec. 12. Penalties.
Sec. 13. State-Federal relationship.
Sec. 14. Judicial review.
Sec. 15. Citizens' civil actions.
Sec. 16. Studies.
Sec. 17. Administration of the Act.
Sec. 18. State programs.
Sec. 19. Conforming amendments.
Sec. 20. No retroactivity.
Sec. 21. Trevor's Law.

                TITLE II--RURAL HEALTHCARE CONNECTIVITY

Sec. 201. Short title.
Sec. 202. Telecommunications services for skilled nursing facilities.

                        TITLE I--CHEMICAL SAFETY

     SEC. 2. FINDINGS, POLICY, AND INTENT.

       Section 2(c) of the Toxic Substances Control Act (15 U.S.C. 
     2601(c)) is amended by striking ``proposes to take'' and 
     inserting ``proposes as provided''.

     SEC. 3. DEFINITIONS.

       Section 3 of the Toxic Substances Control Act (15 U.S.C. 
     2602) is amended--
       (1) by redesignating paragraphs (4) through (14) as 
     paragraphs (5), (6), (8), (9), (10), (11), (13), (14), (15), 
     (16), and (17), respectively;
       (2) by inserting after paragraph (3) the following:
       ``(4) The term `conditions of use' means the circumstances, 
     as determined by the Administrator, under which a chemical 
     substance is intended, known, or reasonably foreseen to be 
     manufactured, processed, distributed in commerce, used, or 
     disposed of.'';
       (3) by inserting after paragraph (6), as so redesignated, 
     the following:
       ``(7) The term `guidance' means any significant written 
     guidance of general applicability prepared by the 
     Administrator.''; and
       (4) by inserting after paragraph (11), as so redesignated, 
     the following:
       ``(12) The term `potentially exposed or susceptible 
     subpopulation' means a group of individuals within the 
     general population identified by the Administrator who, due 
     to either greater susceptibility or greater exposure, may be 
     at greater risk than the general population of adverse health 
     effects from exposure to a chemical substance or mixture, 
     such as infants, children, pregnant women, workers, or the 
     elderly.''.

     SEC. 4. TESTING OF CHEMICAL SUBSTANCES AND MIXTURES.

       Section 4 of the Toxic Substances Control Act (15 U.S.C. 
     2603) is amended--
       (1) by striking ``standards'' each place it appears and 
     inserting ``protocols and methodologies'';
       (2) in subsection (a)--
       (A) by striking ``If the Administrator finds'' and 
     inserting ``(1) If the Administrator finds'';
       (B) in paragraph (1), as so designated--
       (i) by striking ``(1)(A)(i)'' and inserting ``(A)(i)(I)'';
       (ii) by striking ``(ii)'' each place it appears and 
     inserting ``(II)'';
       (iii) by striking ``are insufficient data'' and inserting 
     ``is insufficient information'' each place it appears;
       (iv) by striking ``(iii)'' each place it appears and 
     inserting ``(III)'';
       (v) by striking ``such data'' and inserting ``such 
     information'' each place it appears;
       (vi) by striking ``(B)(i)'' and inserting ``(ii)(I)'';
       (vii) by striking ``(I)'' and inserting ``(aa)'';
       (viii) by striking ``(II)'' and inserting ``(bb)'';
       (ix) by striking ``(2)'' and inserting ``(B)''; and
       (x) in the matter following subparagraph (B), as so 
     redesignated--

       (I) by inserting ``, or, in the case of a chemical 
     substance or mixture described in subparagraph (A)(i), by 
     rule, order, or consent agreement,'' after ``rule'';
       (II) by striking ``data'' each place it appears and 
     inserting ``information''; and
       (III) by striking ``and which are relevant'' and inserting 
     ``and which is relevant''; and

       (C) by adding at the end the following:
       ``(2) Additional testing authority.--In addition to the 
     authority provided under paragraph (1), the Administrator 
     may, by rule, order, or consent agreement--
       ``(A) require the development of new information relating 
     to a chemical substance or mixture if the Administrator 
     determines that the information is necessary--
       ``(i) to review a notice under section 5 or to perform a 
     risk evaluation under section 6(b);
       ``(ii) to implement a requirement imposed in a rule, order, 
     or consent agreement under subsection (e) or (f) of section 5 
     or in a rule promulgated under section 6(a);
       ``(iii) at the request of a Federal implementing authority 
     under another Federal law, to meet the regulatory testing 
     needs of that authority with regard to toxicity and exposure; 
     or

[[Page 7034]]

       ``(iv) pursuant to section 12(a)(2); and
       ``(B) require the development of new information for the 
     purposes of prioritizing a chemical substance under section 
     6(b) only if the Administrator determines that such 
     information is necessary to establish the priority of the 
     substance, subject to the limitations that--
       ``(i) not later than 90 days after the date of receipt of 
     information regarding a chemical substance complying with a 
     rule, order, or consent agreement under this subparagraph, 
     the Administrator shall designate the chemical substance as a 
     high-priority substance or a low-priority substance; and
       ``(ii) information required by the Administrator under this 
     subparagraph shall not be required for the purposes of 
     establishing or implementing a minimum information 
     requirement of broader applicability.
       ``(3) Statement of need.--When requiring the development of 
     new information relating to a chemical substance or mixture 
     under paragraph (2), the Administrator shall identify the 
     need for the new information, describe how information 
     reasonably available to the Administrator was used to inform 
     the decision to require new information, explain the basis 
     for any decision that requires the use of vertebrate animals, 
     and, as applicable, explain why issuance of an order is 
     warranted instead of promulgating a rule or entering into a 
     consent agreement.
       ``(4) Tiered testing.--When requiring the development of 
     new information under this subsection, the Administrator 
     shall employ a tiered screening and testing process, under 
     which the results of screening-level tests or assessments of 
     available information inform the decision as to whether 1 or 
     more additional tests are necessary, unless information 
     available to the Administrator justifies more advanced 
     testing of potential health or environmental effects or 
     potential exposure without first conducting screening-level 
     testing.'';
       (3) in subsection (b)--
       (A) in paragraph (1)--
       (i) in subparagraph (B), by striking ``test data'' and 
     inserting ``information'';
       (ii) in subparagraph (C), by striking ``data'' and 
     inserting ``information''; and
       (iii) in the matter following subparagraph (C), by striking 
     ``data'' and inserting ``information'';
       (B) in paragraph (2)--
       (i) in subparagraph (A)--

       (I) by striking ``test data'' and inserting 
     ``information'';
       (II) by inserting ``Protocols and methodologies for the 
     development of information may also be prescribed for the 
     assessment of exposure or exposure potential to humans or the 
     environment.'' after the first sentence; and
       (III) by striking ``hierarchical tests'' and inserting 
     ``tiered testing''; and

       (ii) in subparagraph (B), by striking ``data'' and 
     inserting ``information'';
       (C) in paragraph (3)--
       (i) by striking ``data'' each place it appears and 
     inserting ``information'';
       (ii) in subparagraph (A), by inserting ``or (C), as 
     applicable,'' after ``subparagraph (B)'';
       (iii) by striking ``(a)(1)(A)(ii) or (a)(1)(B)(ii)'' each 
     place it appears in subparagraph (B) and inserting 
     ``(a)(1)(A)(i)(II) or (a)(1)(A)(ii)(II)'';
       (iv) in subparagraph (B), in the matter before clause (i), 
     by striking ``subsection (a)'' and inserting ``subsection 
     (a)(1)''; and
       (v) by adding at the end the following:
       ``(C) A rule or order under paragraph (1) or (2) of 
     subsection (a) may require the development of information by 
     any person who manufactures or processes, or intends to 
     manufacture or process, a chemical substance or mixture 
     subject to the rule or order.'';
       (D) in paragraph (4)--
       (i) by striking ``of data'' each place it appears and 
     inserting ``of information''; and
       (ii) by striking ``test data'' each place it appears and 
     inserting ``information''; and
       (E) by striking paragraph (5);
       (4) in subsection (c)--
       (A) in paragraph (1), by striking ``data'' and inserting 
     ``information'';
       (B) in paragraph (2), by striking ``data'' each place it 
     appears and inserting ``information'';
       (C) in paragraph (3)--
       (i) by striking ``test data'' each place it appears and 
     inserting ``information''; and
       (ii) by striking ``such data'' each place it appears and 
     inserting ``such information''; and
       (D) in paragraph (4) by striking ``test data'' each place 
     it appears and inserting ``information'';
       (5) in subsection (d)--
       (A) by striking ``test data'' each place it appears and 
     inserting ``information'';
       (B) by striking ``such data'' each place it appears and 
     inserting ``such information''; and
       (C) by striking ``for which data have'' and inserting ``for 
     which information has'';
       (6) in subsection (e)--
       (A) in paragraph (1)--
       (i) in subparagraph (A)--

       (I) by striking ``promulgation of a rule'' and inserting 
     ``development of information''; and
       (II) by striking ``data'' each place it appears and 
     inserting ``information''; and

       (ii) in subparagraph (B), by striking ``either initiate a 
     rulemaking proceeding under subsection (a) or if such a 
     proceeding is not initiated within such period, publish in 
     the Federal Register the Administrator's reason for not 
     initiating such a proceeding'' and insert ``issue an order, 
     enter into a consent agreement, or initiate a rulemaking 
     proceeding under subsection (a), or, if such an order or 
     consent agreement is not issued or such a proceeding is not 
     initiated within such period, publish in the Federal Register 
     the Administrator's reason for not issuing such an order, 
     entering into such a consent agreement, or initiating such a 
     proceeding''; and
       (B) in paragraph (2)(A)--
       (i) by striking ``eight members'' and inserting ``ten 
     members''; and
       (ii) by adding at the end the following:
       ``(ix) One member appointed by the Chairman of the Consumer 
     Product Safety Commission from Commissioners or employees of 
     the Commission.
       ``(x) One member appointed by the Commissioner of Food and 
     Drugs from employees of the Food and Drug Administration.'';
       (7) in subsection (f)--
       (A) in paragraph (1), by striking ``test data'' and 
     inserting ``information''; and
       (B) in the matter following paragraph (2)--
       (i) by striking ``or will present'';
       (ii) by striking ``from cancer, gene mutations, or birth 
     defects'';
       (iii) by striking ``data or'';
       (iv) by striking ``appropriate'' and inserting 
     ``applicable''; and
       (v) by inserting ``, made without consideration of costs or 
     other nonrisk factors,'' after ``publish in the Federal 
     Register a finding'';
       (8) in subsection (g)--
       (A) by amending the subsection heading to read as follows: 
     ``Petition for Protocols and Methodologies for the 
     Development of Information'';
       (B) by striking ``test data'' each place it appears and 
     inserting ``information''; and
       (C) by striking ``submit data'' and inserting ``submit 
     information''; and
       (9) by adding at the end the following:
       ``(h) Reduction of Testing on Vertebrates.--
       ``(1) In general.--The Administrator shall reduce and 
     replace, to the extent practicable, scientifically justified, 
     and consistent with the policies of this title, the use of 
     vertebrate animals in the testing of chemical substances or 
     mixtures under this title by--
       ``(A) prior to making a request or adopting a requirement 
     for testing using vertebrate animals, and in accordance with 
     subsection (a)(3), taking into consideration, as appropriate 
     and to the extent practicable and scientifically justified, 
     reasonably available existing information, including--
       ``(i) toxicity information;
       ``(ii) computational toxicology and bioinformatics; and
       ``(iii) high-throughput screening methods and the 
     prediction models of those methods; and
       ``(B) encouraging and facilitating--
       ``(i) the use of scientifically valid test methods and 
     strategies that reduce or replace the use of vertebrate 
     animals while providing information of equivalent or better 
     scientific quality and relevance that will support regulatory 
     decisions under this title;
       ``(ii) the grouping of 2 or more chemical substances into 
     scientifically appropriate categories in cases in which 
     testing of a chemical substance would provide scientifically 
     valid and useful information on other chemical substances in 
     the category; and
       ``(iii) the formation of industry consortia to jointly 
     conduct testing to avoid unnecessary duplication of tests, 
     provided that such consortia make all information from such 
     testing available to the Administrator.
       ``(2) Implementation of alternative testing methods.--To 
     promote the development and timely incorporation of new 
     scientifically valid test methods and strategies that are not 
     based on vertebrate animals, the Administrator shall--
       ``(A) not later than 2 years after the date of enactment of 
     the Frank R. Lautenberg Chemical Safety for the 21st Century 
     Act, develop a strategic plan to promote the development and 
     implementation of alternative test methods and strategies to 
     reduce, refine, or replace vertebrate animal testing and 
     provide information of equivalent or better scientific 
     quality and relevance for assessing risks of injury to health 
     or the environment of chemical substances or mixtures 
     through, for example--
       ``(i) computational toxicology and bioinformatics;
       ``(ii) high-throughput screening methods;
       ``(iii) testing of categories of chemical substances;
       ``(iv) tiered testing methods;
       ``(v) in vitro studies;
       ``(vi) systems biology;
       ``(vii) new or revised methods identified by validation 
     bodies such as the Interagency Coordinating Committee on the 
     Validation of Alternative Methods or the Organization for 
     Economic Co-operation and Development; or
       ``(viii) industry consortia that develop information 
     submitted under this title;
       ``(B) as practicable, ensure that the strategic plan 
     developed under subparagraph (A) is reflected in the 
     development of requirements for testing under this section;

[[Page 7035]]

       ``(C) include in the strategic plan developed under 
     subparagraph (A) a list, which the Administrator shall update 
     on a regular basis, of particular alternative test methods or 
     strategies the Administrator has identified that do not 
     require new vertebrate animal testing and are scientifically 
     reliable, relevant, and capable of providing information of 
     equivalent or better scientific reliability and quality to 
     that which would be obtained from vertebrate animal testing;
       ``(D) provide an opportunity for public notice and comment 
     on the contents of the plan developed under subparagraph (A), 
     including the criteria for considering scientific reliability 
     and relevance of the test methods and strategies that may be 
     identified pursuant to subparagraph (C);
       ``(E) beginning on the date that is 5 years after the date 
     of enactment of the Frank R. Lautenberg Chemical Safety for 
     the 21st Century Act, and every 5 years thereafter, submit to 
     Congress a report that describes the progress made in 
     implementing the plan developed under subparagraph (A) and 
     goals for future alternative test methods and strategies 
     implementation; and
       ``(F) prioritize and, to the extent consistent with 
     available resources and the Administrator's other 
     responsibilities under this title, carry out performance 
     assessment, validation, and translational studies to 
     accelerate the development of scientifically valid test 
     methods and strategies that reduce, refine, or replace the 
     use of vertebrate animals, including minimizing duplication, 
     in any testing under this title.
       ``(3) Voluntary testing.--
       ``(A) In general.--Any person developing information for 
     submission under this title on a voluntary basis and not 
     pursuant to any request or requirement by the Administrator 
     shall first attempt to develop the information by means of an 
     alternative test method or strategy identified by the 
     Administrator pursuant to paragraph (2)(C), if the 
     Administrator has identified such a test method or strategy 
     for the development of such information, before conducting 
     new vertebrate animal testing.
       ``(B) Effect of paragraph.--Nothing in this paragraph 
     shall, under any circumstance, limit or restrict the 
     submission of any existing information to the Administrator.
       ``(C) Relationship to other law.--A violation of this 
     paragraph shall not be a prohibited act under section 15.
       ``(D) Review of means.--This paragraph authorizes, but does 
     not require, the Administrator to review the means by which a 
     person conducted testing described in subparagraph (A).''.

     SEC. 5. MANUFACTURING AND PROCESSING NOTICES.

       Section 5 of the Toxic Substances Control Act (15 U.S.C. 
     2604) is amended--
       (1) in subsection (a)--
       (A) in paragraph (1)--
       (i) by striking ``Except as provided in'' and inserting 
     ``(A) Except as provided in subparagraph (B) of this 
     paragraph and'';
       (ii) by redesignating subparagraphs (A) and (B) as clauses 
     (i) and (ii), respectively;
       (iii) by striking all that follows ``significant new use'' 
     and inserting a period; and
       (iv) by adding at the end the following:
       ``(B) A person may take the actions described in 
     subparagraph (A) if--
       ``(i) such person submits to the Administrator, at least 90 
     days before such manufacture or processing, a notice, in 
     accordance with subsection (d), of such person's intention to 
     manufacture or process such substance and such person 
     complies with any applicable requirement of, or imposed 
     pursuant to, subsection (b), (e), or (f); and
       ``(ii) the Administrator--
       ``(I) conducts a review of the notice; and
       ``(II) makes a determination under subparagraph (A), (B), 
     or (C) of paragraph (3) and takes the actions required in 
     association with that determination under such subparagraph 
     within the applicable review period.''; and
       (B) by adding at the end the following new paragraphs:
       ``(3) Review and determination.--Within the applicable 
     review period, subject to section 18, the Administrator shall 
     review such notice and determine--
       ``(A) that the relevant chemical substance or significant 
     new use presents an unreasonable risk of injury to health or 
     the environment, without consideration of costs or other 
     nonrisk factors, including an unreasonable risk to a 
     potentially exposed or susceptible subpopulation identified 
     as relevant by the Administrator under the conditions of use, 
     in which case the Administrator shall take the actions 
     required under subsection (f);
       ``(B) that--
       ``(i) the information available to the Administrator is 
     insufficient to permit a reasoned evaluation of the health 
     and environmental effects of the relevant chemical substance 
     or significant new use; or
       ``(ii)(I) in the absence of sufficient information to 
     permit the Administrator to make such an evaluation, the 
     manufacture, processing, distribution in commerce, use, or 
     disposal of such substance, or any combination of such 
     activities, may present an unreasonable risk of injury to 
     health or the environment, without consideration of costs or 
     other nonrisk factors, including an unreasonable risk to a 
     potentially exposed or susceptible subpopulation identified 
     as relevant by the Administrator; or
       ``(II) such substance is or will be produced in substantial 
     quantities, and such substance either enters or may 
     reasonably be anticipated to enter the environment in 
     substantial quantities or there is or may be significant or 
     substantial human exposure to the substance,
     in which case the Administrator shall take the actions 
     required under subsection (e); or
       ``(C) that the relevant chemical substance or significant 
     new use is not likely to present an unreasonable risk of 
     injury to health or the environment, without consideration of 
     costs or other nonrisk factors, including an unreasonable 
     risk to a potentially exposed or susceptible subpopulation 
     identified as relevant by the Administrator under the 
     conditions of use, in which case the submitter of the notice 
     may commence manufacture of the chemical substance or 
     manufacture or processing for a significant new use.
       ``(4) Failure to render determination.--
       ``(A) Failure to render determination.--If the 
     Administrator fails to make a determination on a notice under 
     paragraph (3) by the end of the applicable review period and 
     the notice has not been withdrawn by the submitter, the 
     Administrator shall refund to the submitter all applicable 
     fees charged to the submitter for review of the notice 
     pursuant to section 26(b), and the Administrator shall not be 
     relieved of any requirement to make such determination.
       ``(B) Limitations.--(i) A refund of applicable fees under 
     subparagraph (A) shall not be made if the Administrator 
     certifies that the submitter has not provided information 
     required under subsection (b) or has otherwise unduly delayed 
     the process such that the Administrator is unable to render a 
     determination within the applicable review period.
       ``(ii) A failure of the Administrator to render a decision 
     shall not be deemed to constitute a withdrawal of the notice.
       ``(iii) Nothing in this paragraph shall be construed as 
     relieving the Administrator or the submitter of the notice 
     from any requirement of this section.
       ``(5) Article consideration.--The Administrator may require 
     notification under this section for the import or processing 
     of a chemical substance as part of an article or category of 
     articles under paragraph (1)(A)(ii) if the Administrator 
     makes an affirmative finding in a rule under paragraph (2) 
     that the reasonable potential for exposure to the chemical 
     substance through the article or category of articles subject 
     to the rule justifies notification.'';
       (2) in subsection (b)--
       (A) in the subsection heading, by striking ``Test Data'' 
     and inserting ``Information'';
       (B) in paragraph (1)--
       (i) in subparagraph (A)--

       (I) by striking ``test data'' and inserting 
     ``information''; and
       (II) by striking ``such data'' and inserting ``such 
     information''; and

       (ii) in subparagraph (B)--

       (I) by striking ``test data'' and inserting 
     ``information'';
       (II) by striking ``subsection (a)(1)(A)'' and inserting 
     ``subsection (a)(1)(A)(i)''; and
       (III) by striking ``subsection (a)(1)(B)'' and inserting 
     ``subsection (a)(1)(A)(ii)'';

       (C) in paragraph (2)--
       (i) in subparagraph (A)--

       (I) by striking ``test data'' in clause (ii) and inserting 
     ``information'';
       (II) by striking ``shall'' and inserting ``may''; and
       (III) by striking ``data prescribed'' and inserting 
     ``information prescribed''; and

       (ii) in subparagraph (B)--

       (I) by striking ``Data'' and inserting ``Information'';
       (II) by striking ``data'' both places it appears and 
     inserting ``information'';
       (III) by striking ``show'' and inserting ``shows'';
       (IV) by striking ``subsection (a)(1)(A)'' in clause (i) and 
     inserting ``subsection (a)(1)(A)(i)''; and
       (V) by striking ``subsection (a)(1)(B)'' in clause (ii) and 
     inserting ``subsection (a)(1)(A)(ii)'';

       (D) in paragraph (3)--
       (i) by striking ``Data'' and inserting ``Information''; and
       (ii) by striking ``paragraph (1) or (2)'' and inserting 
     ``paragraph (1) or (2) of this subsection or under subsection 
     (e)''; and
       (E) in paragraph (4)--
       (i) in subparagraph (A)(i), by inserting ``, without 
     consideration of costs or other nonrisk factors'' after 
     ``health or the environment''; and
       (ii) in subparagraph (C), by striking ``, except that'' and 
     all that follows through ``subparagraph (A)'';
       (3) in subsection (c)--
       (A) in the subsection heading, by striking ``Notice'' and 
     inserting ``Review''; and
       (B) by striking ``before which'' and all that follows 
     through ``subsection may begin'';
       (4) in subsection (d)--
       (A) by striking ``test data'' in paragraph (1)(B) and 
     inserting ``information'';
       (B) by striking ``data'' each place it appears in paragraph 
     (1)(C) and paragraph (2) and inserting ``information'';

[[Page 7036]]

       (C) in paragraph (2)(B), by striking ``uses or intended 
     uses of such substance'' and inserting ``uses of such 
     substance identified in the notice''; and
       (D) in paragraph (3)--
       (i) by striking ``for which the notification period 
     prescribed by subsection (a), (b), or (c)'' and inserting 
     ``for which the applicable review period''; and
       (ii) by striking ``such notification period'' and inserting 
     ``such period'';
       (5) in subsection (e)--
       (A) in paragraph (1)(A)--
       (i) in clause (i), by striking ``; and'' and inserting ``; 
     or'';
       (ii) in clause (ii)(I), by inserting ``without 
     consideration of costs or other nonrisk factors, including an 
     unreasonable risk to a potentially exposed subpopulation 
     identified as relevant by the Administrator under the 
     conditions of use;'' after ``health or the environment,''; 
     and
       (iii) in the matter after clause (ii)(II)--

       (I) by striking ``may issue a proposed order'' and 
     inserting ``shall issue an order'';
       (II) by striking ``notification period applicable to the 
     manufacturing or processing of such substance under 
     subsection (a), (b), (c)'' and inserting ``applicable review 
     period''; and
       (III) by inserting ``to the extent necessary to protect 
     against an unreasonable risk of injury to health or the 
     environment, without consideration of costs or other nonrisk 
     factors, including an unreasonable risk to a potentially 
     exposed or susceptible subpopulation identified as relevant 
     by the Administrator under the conditions of use, and the 
     submitter of the notice may commence manufacture of the 
     chemical substance, or manufacture or processing of the 
     chemical substance for a significant new use, including while 
     any required information is being developed, only in 
     compliance with the order'' before the period at the end;

       (B) in paragraph (1)(B)--
       (i) by striking ``A proposed order'' and inserting ``An 
     order'';
       (ii) by striking ``notification period applicable to the 
     manufacture or processing of such substance under subsection 
     (a), (b), (c)'' and inserting ``applicable review period''; 
     and
       (iii) by striking ``of the proposed order'' and inserting 
     ``of the order'';
       (C) by striking paragraph (1)(C); and
       (D) by striking paragraph (2);
       (6) in subsection (f)--
       (A) in paragraph (1)--
       (i) by striking ``finds that there is a reasonable basis to 
     conclude that the manufacture, processing, distribution in 
     commerce, use, or disposal of a chemical substance with'' and 
     inserting ``determines that a chemical substance or 
     significant new use with'';
       (ii) by striking ``, or that any combination of such 
     activities,'';
       (iii) by striking ``or will present'';
       (iv) by striking ``before a rule promulgated under section 
     6 can protect against such risk,'' and inserting ``, without 
     consideration of costs or other nonrisk factors, including an 
     unreasonable risk to a potentially exposed subpopulation 
     identified as relevant by the Administrator under the 
     conditions of use,''; and
       (v) by striking ``notification period applicable under 
     subsection (a), (b), or (c) to the manufacturing or 
     processing of such substance'' and inserting ``applicable 
     review period'';
       (B) in paragraph (2), the matter following subparagraph 
     (C), by striking ``Section 6(d)(2)(B)'' and inserting 
     ``Section 6(d)(3)(B)'';
       (C) in paragraph (3)--
       (i) in subparagraph (A)--

       (I) by striking ``Administrator may'' and all that follows 
     through ``issue a proposed order to prohibit the'' and 
     inserting ``Administrator may issue an order to prohibit or 
     limit the''; and
       (II) by striking ``under paragraph (1)'' and all that 
     follows through ``processing of such substance.'' and 
     inserting ``under paragraph (1). Such order shall take effect 
     on the expiration of the applicable review period.'';

       (ii) by striking subparagraph (B) and redesignating 
     subparagraph (C) as subparagraph (B);
       (iii) in subparagraph (B), as so redesignated--

       (I) by striking ``subparagraphs (B) and (C)'' and inserting 
     ``subparagraph (B)'';
       (II) by striking ``clause (i) of''; and
       (III) by striking ``; and the provisions of subparagraph 
     (C) of subsection (e)(2) shall apply with respect to an 
     injunction issued under subparagraph (B)''; and

       (iv) by striking subparagraph (D); and
       (D) by adding at the end the following:
       ``(4) Treatment of nonconforming uses.--Not later than 90 
     days after taking an action under paragraph (2) or (3) or 
     issuing an order under subsection (e) relating to a chemical 
     substance with respect to which the Administrator has made a 
     determination under subsection (a)(3)(A) or (B), the 
     Administrator shall consider whether to promulgate a rule 
     pursuant to subsection (a)(2) that identifies as a 
     significant new use any manufacturing, processing, use, 
     distribution in commerce, or disposal of the chemical 
     substance that does not conform to the restrictions imposed 
     by the action or order, and, as applicable, initiate such a 
     rulemaking or publish a statement describing the reasons of 
     the Administrator for not initiating such a rulemaking.
       ``(5) Workplace exposures.--To the extent practicable, the 
     Administrator shall consult with the Assistant Secretary of 
     Labor for Occupational Safety and Health prior to adopting 
     any prohibition or other restriction relating to a chemical 
     substance with respect to which the Administrator has made a 
     determination under subsection (a)(3)(A) or (B) to address 
     workplace exposures.'';
       (7) by amending subsection (g) to read as follows:
       ``(g) Statement on Administrator Finding.--If the 
     Administrator finds in accordance with subsection (a)(3)(C) 
     that a chemical substance or significant new use is not 
     likely to present an unreasonable risk of injury to health or 
     the environment, then notwithstanding any remaining portion 
     of the applicable review period, the submitter of the notice 
     may commence manufacture of the chemical substance or 
     manufacture or processing for the significant new use, and 
     the Administrator shall make public a statement of the 
     Administrator's finding. Such a statement shall be submitted 
     for publication in the Federal Register as soon as is 
     practicable before the expiration of such period. Publication 
     of such statement in accordance with the preceding sentence 
     is not a prerequisite to the manufacturing or processing of 
     the substance with respect to which the statement is to be 
     published.'';
       (8) in subsection (h)--
       (A) in paragraph (1)(A), by inserting ``, including an 
     unreasonable risk to a potentially exposed or susceptible 
     subpopulation identified by the Administrator for the 
     specific conditions of use identified in the application'' 
     after ``health or the environment'';
       (B) in paragraph (2), by striking ``data'' each place it 
     appears and inserting ``information''; and
       (C) in paragraph (4), by striking ``. A rule promulgated'' 
     and all that follows through ``section 6(c)'' and inserting 
     ``, including an unreasonable risk to a potentially exposed 
     or susceptible subpopulation identified by the Administrator 
     under the conditions of use''; and
       (9) by amending subsection (i) to read as follows:
       ``(i) Definitions.--(1) For purposes of this section, the 
     terms `manufacture' and `process' mean manufacturing or 
     processing for commercial purposes.
       ``(2) For purposes of this Act, the term `requirement' as 
     used in this section shall not displace any statutory or 
     common law.
       ``(3) For purposes of this section, the term `applicable 
     review period' means the period starting on the date the 
     Administrator receives a notice under subsection (a)(1) and 
     ending 90 days after that date, or on such date as is 
     provided for in subsection (b)(1) or (c).''.

     SEC. 6. PRIORITIZATION, RISK EVALUATION, AND REGULATION OF 
                   CHEMICAL SUBSTANCES AND MIXTURES.

       Section 6 of the Toxic Substances Control Act (15 U.S.C. 
     2605) is amended--
       (1) by striking the section heading and inserting 
     ``prioritization, risk evaluation, and regulation of chemical 
     substances and mixtures'';
       (2) in subsection (a)--
       (A) by striking ``finds that there is a reasonable basis to 
     conclude'' and inserting ``determines in accordance with 
     subsection (b)(4)(A)'';
       (B) by striking ``or will present'';
       (C) by inserting ``and subject to section 18, and in 
     accordance with subsection (c)(2),'' after ``shall by rule'';
       (D) by striking ``to protect adequately against such risk 
     using the least burdensome requirements'' and inserting ``so 
     that the chemical substance or mixture no longer presents 
     such risk'';
       (E) by inserting ``or otherwise restricting'' after 
     ``prohibiting'' in paragraphs (1)(A) and (2)(A);
       (F) by inserting ``minimum'' before ``warnings'' both 
     places it appears in paragraph (3);
       (G) by striking ``and monitor or conduct tests'' and 
     inserting ``or monitor or conduct tests'' in paragraph (4); 
     and
       (H) in paragraph (7)--
       (i) by striking ``such unreasonable risk of injury'' and 
     inserting ``such determination''; and
       (ii) by striking ``such risk of injury'' and inserting 
     ``such determination'';
       (3) by amending subsection (b) to read as follows:
       ``(b) Risk Evaluations.--
       ``(1) Prioritization for risk evaluations.--
       ``(A) Establishment of process.--Not later than 1 year 
     after the date of enactment of the Frank R. Lautenberg 
     Chemical Safety for the 21st Century Act, the Administrator 
     shall establish, by rule, a risk-based screening process, 
     including criteria for designating chemical substances as 
     high-priority substances for risk evaluations or low-priority 
     substances for which risk evaluations are not warranted at 
     the time. The process to designate the priority of chemical 
     substances shall include a consideration of the hazard and 
     exposure potential of a chemical substance or a category of 
     chemical substances (including consideration of persistence 
     and bioaccumulation, potentially exposed or susceptible 
     subpopulations and storage near significant sources of 
     drinking water), the conditions of use or significant

[[Page 7037]]

     changes in the conditions of use of the chemical substance, 
     and the volume or significant changes in the volume of the 
     chemical substance manufactured or processed.
       ``(B) Identification of priorities for risk evaluation.--
       ``(i) High-priority substances.--The Administrator shall 
     designate as a high-priority substance a chemical substance 
     that the Administrator concludes, without consideration of 
     costs or other nonrisk factors, may present an unreasonable 
     risk of injury to health or the environment because of a 
     potential hazard and a potential route of exposure under the 
     conditions of use, including an unreasonable risk to a 
     potentially exposed or susceptible subpopulation identified 
     as relevant by the Administrator.
       ``(ii) Low-priority substances.--The Administrator shall 
     designate a chemical substance as a low-priority substance if 
     the Administrator concludes, based on information sufficient 
     to establish, without consideration of costs or other nonrisk 
     factors, that such substance does not meet the standard 
     identified in clause (i) for designating a chemical substance 
     a high-priority substance.
       ``(C) Information request and review and proposed and final 
     prioritization designation.--The rulemaking required in 
     subparagraph (A) shall ensure that the time required to make 
     a priority designation of a chemical substance be no shorter 
     than nine months and no longer than 1 year, and that the 
     process for such designations includes--
       ``(i) a requirement that the Administrator request 
     interested persons to submit relevant information on a 
     chemical substance that the Administrator has initiated the 
     prioritization process on, before proposing a priority 
     designation for the chemical substance, and provide 90 days 
     for such information to be provided;
       ``(ii) a requirement that the Administrator publish each 
     proposed designation of a chemical substance as a high- or 
     low-priority substance, along with an identification of the 
     information, analysis, and basis used to make the proposed 
     designations, and provide 90 days for public comment on each 
     such proposed designation; and
       ``(iii) a process by which the Administrator may extend the 
     deadline in clause (i) for up to three months in order to 
     receive or evaluate information required to be submitted in 
     accordance with section 4(a)(2)(B), subject to the limitation 
     that if the information available to the Administrator at the 
     end of such an extension remains insufficient to enable the 
     designation of the chemical substance as a low-priority 
     substance, the Administrator shall designate the chemical 
     substance as a high-priority substance.
       ``(2) Initial risk evaluations and subsequent designations 
     of high- and low-priority substances.--
       ``(A) Initial risk evaluations.--Not later than 180 days 
     after the date of enactment of the Frank R. Lautenberg 
     Chemical Safety for the 21st Century Act, the Administrator 
     shall ensure that risk evaluations are being conducted on 10 
     chemical substances drawn from the 2014 update of the TSCA 
     Work Plan for Chemical Assessments and shall publish the list 
     of such chemical substances during the 180 day period.
       ``(B) Additional risk evaluations.--Not later than three 
     and one half years after the date of enactment of the Frank 
     R. Lautenberg Chemical Safety for the 21st Century Act, the 
     Administrator shall ensure that risk evaluations are being 
     conducted on at least 20 high-priority substances and that at 
     least 20 chemical substances have been designated as low-
     priority substances, subject to the limitation that at least 
     50 percent of all chemical substances on which risk 
     evaluations are being conducted by the Administrator are 
     drawn from the 2014 update of the TSCA Work Plan for Chemical 
     Assessments.
       ``(C) Continuing designations and risk evaluations.--The 
     Administrator shall continue to designate priority substances 
     and conduct risk evaluations in accordance with this 
     subsection at a pace consistent with the ability of the 
     Administrator to complete risk evaluations in accordance with 
     the deadlines under paragraph (4)(G).
       ``(D) Preference.--In designating high-priority substances, 
     the Administrator shall give preference to--
       ``(i) chemical substances that are listed in the 2014 
     update of the TSCA Work Plan for Chemical Assessments as 
     having a Persistence and Bioaccumulation Score of 3; and
       ``(ii) chemical substances that are listed in the 2014 
     update of the TSCA Work Plan for Chemical Assessments that 
     are known human carcinogens and have high acute and chronic 
     toxicity.
       ``(E) Metals and metal compounds.--In identifying 
     priorities for risk evaluation and conducting risk 
     evaluations of metals and metal compounds, the Administrator 
     shall use the Framework for Metals Risk Assessment of the 
     Office of the Science Advisor, Risk Assessment Forum, and 
     dated March 2007, or a successor document that addresses 
     metals risk assessment and is peer reviewed by the Science 
     Advisory Board.
       ``(3) Initiation of risk evaluations; designations.--
       ``(A) Risk evaluation initiation.--Upon designating a 
     chemical substance as a high-priority substance, the 
     Administrator shall initiate a risk evaluation on the 
     substance.
       ``(B) Revision.--The Administrator may revise the 
     designation of a low-priority substance based on information 
     made available to the Administrator.
       ``(C) Ongoing designations.--The Administrator shall 
     designate at least one high-priority substance upon the 
     completion of each risk evaluation (other than risk 
     evaluations for chemical substances designated under 
     paragraph (4)(C)(ii)).
       ``(4) Risk evaluation process and deadlines.--
       ``(A) In general.--The Administrator shall conduct risk 
     evaluations pursuant to this paragraph to determine whether a 
     chemical substance presents an unreasonable risk of injury to 
     health or the environment, without consideration of costs or 
     other nonrisk factors, including an unreasonable risk to a 
     potentially exposed or susceptible subpopulation identified 
     as relevant to the risk evaluation by the Administrator, 
     under the conditions of use.
       ``(B) Establishment of process.--Not later than 1 year 
     after the date of enactment of the Frank R. Lautenberg 
     Chemical Safety for the 21st Century Act, the Administrator 
     shall establish, by rule, a process to conduct risk 
     evaluations in accordance with subparagraph (A).
       ``(C) Requirement.--The Administrator shall conduct and 
     publish risk evaluations, in accordance with the rule 
     promulgated under subparagraph (B), for a chemical 
     substance--
       ``(i) that has been identified under paragraph (2)(A) or 
     designated under paragraph (1)(B)(i); and
       ``(ii) subject to subparagraph (E), that a manufacturer of 
     the chemical substance has requested, in a form and manner 
     and using the criteria prescribed by the Administrator in the 
     rule promulgated under subparagraph (B), be subjected to a 
     risk evaluation.
       ``(D) Scope.--The Administrator shall, not later than 6 
     months after the initiation of a risk evaluation, publish the 
     scope of the risk evaluation to be conducted, including the 
     hazards, exposures, conditions of use, and the potentially 
     exposed or susceptible subpopulations the Administrator 
     expects to consider, and, for each designation of a high-
     priority substance, ensure not less than 12 months between 
     the initiation of the prioritization process for the chemical 
     substance and the publication of the scope of the risk 
     evaluation for the chemical substance, and for risk 
     evaluations conducted on chemical substances that have been 
     identified under paragraph (2)(A) or selected under 
     subparagraph (E)(iv)(II) of this paragraph, ensure not less 
     than 3 months before the Administrator publishes the scope of 
     the risk evaluation.
       ``(E) Limitation and criteria.--
       ``(i) Percentage requirements.--The Administrator shall 
     ensure that, of the number of chemical substances that 
     undergo a risk evaluation under clause (i) of subparagraph 
     (C), the number of chemical substances undergoing a risk 
     evaluation under clause (ii) of subparagraph (C) is--

       ``(I) not less than 25 percent, if sufficient requests are 
     made under clause (ii) of subparagraph (C); and
       ``(II) not more than 50 percent.

       ``(ii) Requested risk evaluations.--Requests for risk 
     evaluations under subparagraph (C)(ii) shall be subject to 
     the payment of fees pursuant to section 26(b), and the 
     Administrator shall not expedite or otherwise provide special 
     treatment to such risk evaluations.
       ``(iii) Preference.--In deciding whether to grant requests 
     under subparagraph (C)(ii), the Administrator shall give 
     preference to requests for risk evaluations on chemical 
     substances for which the Administrator determines that 
     restrictions imposed by 1 or more States have the potential 
     to have a significant impact on interstate commerce or health 
     or the environment.
       ``(iv) Exceptions.--(I) Chemical substances for which 
     requests have been granted under subparagraph (C)(ii) shall 
     not be subject to section 18(b).
       ``(II) Requests for risk evaluations on chemical substances 
     which are made under subparagraph (C)(ii) and that are drawn 
     from the 2014 update of the TSCA Work Plan for Chemical 
     Assessments shall be granted at the discretion of the 
     Administrator and not be subject to clause (i)(II).
       ``(F) Requirements.--In conducting a risk evaluation under 
     this subsection, the Administrator shall--
       ``(i) integrate and assess available information on hazards 
     and exposures for the conditions of use of the chemical 
     substance, including information that is relevant to specific 
     risks of injury to health or the environment and information 
     on potentially exposed or susceptible subpopulations 
     identified as relevant by the Administrator;
       ``(ii) describe whether aggregate or sentinel exposures to 
     a chemical substance under the conditions of use were 
     considered, and the basis for that consideration;
       ``(iii) not consider costs or other nonrisk factors;
       ``(iv) take into account, where relevant, the likely 
     duration, intensity, frequency, and number of exposures under 
     the conditions of use of the chemical substance; and
       ``(v) describe the weight of the scientific evidence for 
     the identified hazard and exposure.

[[Page 7038]]

       ``(G) Deadlines.--The Administrator--
       ``(i) shall complete a risk evaluation for a chemical 
     substance as soon as practicable, but not later than 3 years 
     after the date on which the Administrator initiates the risk 
     evaluation under subparagraph (C); and
       ``(ii) may extend the deadline for a risk evaluation for 
     not more than 6 months.
       ``(H) Notice and comment.--The Administrator shall provide 
     no less than 30 days public notice and an opportunity for 
     comment on a draft risk evaluation prior to publishing a 
     final risk evaluation.'';
       (4) by amending subsection (c) to read as follows:
       ``(c) Promulgation of Subsection (a) Rules.--
       ``(1) Deadlines.--If the Administrator determines that a 
     chemical substance presents an unreasonable risk of injury to 
     health or the environment in accordance with subsection 
     (b)(4)(A), the Administrator--
       ``(A) shall propose in the Federal Register a rule under 
     subsection (a) for the chemical substance not later than 1 
     year after the date on which the final risk evaluation 
     regarding the chemical substance is published;
       ``(B) shall publish in the Federal Register a final rule 
     not later than 2 years after the date on which the final risk 
     evaluation regarding the chemical substance is published; and
       ``(C) may extend the deadlines under this paragraph for not 
     more than two years, subject to the condition that the 
     aggregate length of extensions under this subparagraph and 
     subsection (b)(4)(G)(ii) does not exceed two years, and 
     subject to the limitation that the Administrator may not 
     extend a deadline for the publication of a proposed or final 
     rule regarding a chemical substance drawn from the 2014 
     update of the TSCA Work Plan for Chemical Assessments or a 
     chemical substance that, with respect to persistence and 
     bioaccumulation, scores high for 1 and either high or 
     moderate for the other, pursuant to the TSCA Work Plan 
     Chemicals Methods Document published by the Administrator in 
     February 2012 (or a successor scoring system), without 
     adequate public justification that demonstrates, following a 
     review of the information reasonably available to the 
     Administrator, that the Administrator cannot complete the 
     proposed or final rule without additional information 
     regarding the chemical substance.
       ``(2) Requirements for rule.--
       ``(A) Statement of effects.--In proposing and promulgating 
     a rule under subsection (a) with respect to a chemical 
     substance or mixture, the Administrator shall consider and 
     publish a statement based on reasonably available information 
     with respect to--
       ``(i) the effects of the chemical substance or mixture on 
     health and the magnitude of the exposure of human beings to 
     the chemical substance or mixture;
       ``(ii) the effects of the chemical substance or mixture on 
     the environment and the magnitude of the exposure of the 
     environment to such substance or mixture;
       ``(iii) the benefits of the chemical substance or mixture 
     for various uses; and
       ``(iv) the reasonably ascertainable economic consequences 
     of the rule, including consideration of--

       ``(I) the likely effect of the rule on the national 
     economy, small business, technological innovation, the 
     environment, and public health;
       ``(II) the costs and benefits of the proposed and final 
     regulatory action and of the 1 or more primary alternative 
     regulatory actions considered by the Administrator; and
       ``(III) the cost effectiveness of the proposed regulatory 
     action and of the 1 or more primary alternative regulatory 
     actions considered by the Administrator.

       ``(B) Selecting requirements.--In selecting among 
     prohibitions and other restrictions, the Administrator shall 
     factor in, to the extent practicable, the considerations 
     under subparagraph (A) in accordance with subsection (a).
       ``(C) Consideration of alternatives.--Based on the 
     information published under subparagraph (A), in deciding 
     whether to prohibit or restrict in a manner that 
     substantially prevents a specific condition of use of a 
     chemical substance or mixture, and in setting an appropriate 
     transition period for such action, the Administrator shall 
     consider, to the extent practicable, whether technically and 
     economically feasible alternatives that benefit health or the 
     environment, compared to the use so proposed to be prohibited 
     or restricted, will be reasonably available as a substitute 
     when the proposed prohibition or other restriction takes 
     effect.
       ``(D) Replacement parts.--
       ``(i) In general.--The Administrator shall exempt 
     replacement parts for complex durable goods and complex 
     consumer goods that are designed prior to the date of 
     publication in the Federal Register of the rule under 
     subsection (a), unless the Administrator finds that such 
     replacement parts contribute significantly to the risk, 
     identified in a risk evaluation conducted under subsection 
     (b)(4)(A), to the general population or to an identified 
     potentially exposed or susceptible subpopulation.
       ``(ii) Definitions.--In this subparagraph--

       ``(I) the term `complex consumer goods' means electronic or 
     mechanical devices composed of multiple manufactured 
     components, with an intended useful life of 3 or more years, 
     where the product is typically not consumed, destroyed, or 
     discarded after a single use, and the components of which 
     would be impracticable to redesign or replace; and
       ``(II) the term `complex durable goods' means manufactured 
     goods composed of 100 or more manufactured components, with 
     an intended useful life of 5 or more years, where the product 
     is typically not consumed, destroyed, or discarded after a 
     single use.

       ``(E) Articles.--In selecting among prohibitions and other 
     restrictions, the Administrator shall apply such prohibitions 
     or other restrictions to an article or category of articles 
     containing the chemical substance or mixture only to the 
     extent necessary to address the identified risks from 
     exposure to the chemical substance or mixture from the 
     article or category of articles so that the substance or 
     mixture does not present an unreasonable risk of injury to 
     health or the environment identified in the risk evaluation 
     conducted in accordance with subsection (b)(4)(A).
       ``(3) Procedures.--When prescribing a rule under subsection 
     (a) the Administrator shall proceed in accordance with 
     section 553 of title 5, United States Code (without regard to 
     any reference in such section to sections 556 and 557 of such 
     title), and shall also--
       ``(A) publish a notice of proposed rulemaking stating with 
     particularity the reason for the proposed rule;
       ``(B) allow interested persons to submit written data, 
     views, and arguments, and make all such submissions publicly 
     available;
       ``(C) promulgate a final rule based on the matter in the 
     rulemaking record; and
       ``(D) make and publish with the rule the determination 
     described in subsection (a).'';
       (5) in subsection (d)--
       (A) by redesignating paragraph (2) as paragraph (3);
       (B) by striking paragraph (1) and inserting the following:
       ``(1) In general.--In any rule under subsection (a), the 
     Administrator shall--
       ``(A) specify the date on which it shall take effect, which 
     date shall be as soon as practicable;
       ``(B) except as provided in subparagraphs (C) and (D), 
     specify mandatory compliance dates for all of the 
     requirements under a rule under subsection (a), which shall 
     be as soon as practicable, but not later than 5 years after 
     the date of promulgation of the rule, except in a case of a 
     use exempted under subsection (g);
       ``(C) specify mandatory compliance dates for the start of 
     ban or phase-out requirements under a rule under subsection 
     (a), which shall be as soon as practicable, but not later 
     than 5 years after the date of promulgation of the rule, 
     except in the case of a use exempted under subsection (g);
       ``(D) specify mandatory compliance dates for full 
     implementation of ban or phase-out requirements under a rule 
     under subsection (a), which shall be as soon as practicable; 
     and
       ``(E) provide for a reasonable transition period.
       ``(2) Variability.--As determined by the Administrator, the 
     compliance dates established under paragraph (1) may vary for 
     different affected persons.''; and
       (C) in paragraph (3), as so redesignated by subparagraph 
     (A) of this paragraph--
       (i) in subparagraph (A)--

       (I) by striking ``upon its publication'' and all that 
     follows through ``respecting such rule if'' and inserting ``, 
     and compliance with the proposed requirements to be 
     mandatory, upon publication in the Federal Register of the 
     proposed rule and until the compliance dates applicable to 
     such requirements in a final rule promulgated under section 
     6(a) or until the Administrator revokes such proposed rule, 
     in accordance with subparagraph (B), if''; and
       (II) in clause (i)(I), by inserting ``without consideration 
     of costs or other non-risk factors'' after ``effective 
     date''; and

       (ii) in subparagraph (B), by striking ``, provide 
     reasonable opportunity'' and all that follows through the 
     period at the end and inserting ``in accordance with 
     subsection (c), and either promulgate such rule (as proposed 
     or with modifications) or revoke it.'';
       (6) in subsection (e)(4), by striking ``paragraphs (2), 
     (3), and (4)'' and inserting ``paragraph (3)''; and
       (7) by adding at the end the following new subsections:
       ``(g) Exemptions.--
       ``(1) Criteria for exemption.--The Administrator may, as 
     part of a rule promulgated under subsection (a), or in a 
     separate rule, grant an exemption from a requirement of a 
     subsection (a) rule for a specific condition of use of a 
     chemical substance or mixture, if the Administrator finds 
     that--
       ``(A) the specific condition of use is a critical or 
     essential use for which no technically and economically 
     feasible safer alternative is available, taking into 
     consideration hazard and exposure;
       ``(B) compliance with the requirement, as applied with 
     respect to the specific condition of use, would significantly 
     disrupt the national economy, national security, or critical 
     infrastructure; or
       ``(C) the specific condition of use of the chemical 
     substance or mixture, as compared

[[Page 7039]]

     to reasonably available alternatives, provides a substantial 
     benefit to health, the environment, or public safety.
       ``(2) Exemption analysis and statement.--In proposing an 
     exemption under this subsection, the Administrator shall 
     analyze the need for the exemption, and shall make public the 
     analysis and a statement describing how the analysis was 
     taken into account.
       ``(3) Period of exemption.--The Administrator shall 
     establish, as part of a rule under this subsection, a time 
     limit on any exemption for a time to be determined by the 
     Administrator as reasonable on a case-by-case basis, and, by 
     rule, may extend, modify, or eliminate an exemption if the 
     Administrator determines, on the basis of reasonably 
     available information and after adequate public 
     justification, the exemption warrants extension or 
     modification or is no longer necessary.
       ``(4) Conditions.--As part of a rule promulgated under this 
     subsection, the Administrator shall include conditions, 
     including reasonable recordkeeping, monitoring, and reporting 
     requirements, to the extent that the Administrator determines 
     the conditions are necessary to protect health and the 
     environment while achieving the purposes of the exemption.
       ``(h) Chemicals That Are Persistent, Bioaccumulative, and 
     Toxic.--
       ``(1) Expedited action.--Not later than 3 years after the 
     date of enactment of the Frank R. Lautenberg Chemical Safety 
     for the 21st Century Act, the Administrator shall propose 
     rules under subsection (a) with respect to chemical 
     substances identified in the 2014 update of the TSCA Work 
     Plan for Chemical Assessments--
       ``(A) that the Administrator has a reasonable basis to 
     conclude are toxic and that with respect to persistence and 
     bioaccumulation score high for one and either high or 
     moderate for the other, pursuant to the TSCA Work Plan 
     Chemicals Methods Document published by the Administrator in 
     February 2012 (or a successor scoring system), and are not a 
     metal or a metal compound, and for which the Administrator 
     has not completed a Work Plan Problem Formulation, initiated 
     a review under section 5, or entered into a consent agreement 
     under section 4, prior to the date of enactment of the Frank 
     R. Lautenberg Chemical Safety for the 21st Century Act; and
       ``(B) exposure to which under the conditions of use is 
     likely to the general population or to a potentially exposed 
     or susceptible subpopulation identified by the Administrator, 
     or the environment, on the basis of an exposure and use 
     assessment conducted by the Administrator.
       ``(2) No risk evaluation required.--The Administrator shall 
     not be required to conduct risk evaluations on chemical 
     substances that are subject to paragraph (1).
       ``(3) Final rule.--Not later than 18 months after proposing 
     a rule pursuant to paragraph (1), the Administrator shall 
     promulgate a final rule under subsection (a).
       ``(4) Selecting restrictions.--In selecting among 
     prohibitions and other restrictions promulgated in a rule 
     under subsection (a) pursuant to paragraph (1), the 
     Administrator shall address the risks of injury to health or 
     the environment that the Administrator determines are 
     presented by the chemical substance and shall reduce exposure 
     to the substance to the extent practicable.
       ``(5) Relationship to subsection (b).--If, at any time 
     prior to the date that is 90 days after the date of enactment 
     of the Frank R. Lautenberg Chemical Safety for the 21st 
     Century Act, the Administrator makes a designation under 
     subsection (b)(1)(B)(i), or receives a request under 
     subsection (b)(4)(C)(ii), such chemical substance shall not 
     be subject to this subsection, except that in selecting among 
     prohibitions and other restrictions promulgated in a rule 
     pursuant to subsection (a), the Administrator shall both 
     ensure that the chemical substance meets the rulemaking 
     standard under subsection (a) and reduce exposure to the 
     substance to the extent practicable.
       ``(i) Final Agency Action.--Under this section and subject 
     to section 18--
       ``(1) a determination by the Administrator under subsection 
     (b)(4)(A) that a chemical substance does not present an 
     unreasonable risk of injury to health or the environment 
     shall be issued by order and considered to be a final agency 
     action, effective beginning on the date of issuance of the 
     order; and
       ``(2) a final rule promulgated under subsection (a), 
     including the associated determination by the Administrator 
     under subsection (b)(4)(A) that a chemical substance presents 
     an unreasonable risk of injury to health or the environment, 
     shall be considered to be a final agency action, effective 
     beginning on the date of promulgation of the final rule.
       ``(j) Definition.--For the purposes of this Act, the term 
     `requirement' as used in this section shall not displace 
     statutory or common law.''.

     SEC. 7. IMMINENT HAZARDS.

       Section 7 of the Toxic Substances Control Act (15 U.S.C. 
     2606) is amended--
       (1) in subsection (b)(1), by inserting ``(as identified by 
     the Administrator without consideration of costs or other 
     nonrisk factors)'' after ``from the unreasonable risk''; and
       (2) in subsection (f), by inserting ``, without 
     consideration of costs or other nonrisk factors'' after 
     ``widespread injury to health or the environment''.

     SEC. 8. REPORTING AND RETENTION OF INFORMATION.

       (a) In General.--Section 8 of the Toxic Substances Control 
     Act (15 U.S.C. 2607) is amended--
       (1) in subsection (a)--
       (A) in paragraph (2), by striking the matter that follows 
     subparagraph (G);
       (B) in paragraph (3), by adding at the end the following:
       ``(C) Not later than 180 days after the date of enactment 
     of the Frank R. Lautenberg Chemical Safety for the 21st 
     Century Act, and not less frequently than once every 10 years 
     thereafter, the Administrator, after consultation with the 
     Administrator of the Small Business Administration, shall--
       ``(i) review the adequacy of the standards prescribed under 
     subparagraph (B); and
       ``(ii) after providing public notice and an opportunity for 
     comment, make a determination as to whether revision of the 
     standards is warranted.''; and
       (C) by adding at the end the following:
       ``(4) Contents.--The rules promulgated pursuant to 
     paragraph (1)--
       ``(A) may impose differing reporting and recordkeeping 
     requirements on manufacturers and processors; and
       ``(B) shall include the level of detail necessary to be 
     reported, including the manner by which use and exposure 
     information may be reported.
       ``(5) Administration.--In carrying out this section, the 
     Administrator shall, to the extent feasible--
       ``(A) not require reporting which is unnecessary or 
     duplicative;
       ``(B) minimize the cost of compliance with this section and 
     the rules issued thereunder on small manufacturers and 
     processors; and
       ``(C) apply any reporting obligations to those persons 
     likely to have information relevant to the effective 
     implementation of this title.
       ``(6) Negotiated rulemaking.--(A) The Administrator shall 
     enter into a negotiated rulemaking pursuant to subchapter III 
     of chapter 5 of title 5, United States Code, to develop and 
     publish, not later than 3 years after the date of enactment 
     of the Frank R. Lautenberg Chemical Safety for the 21st 
     Century Act, a proposed rule providing for limiting the 
     reporting requirements, under this subsection, for 
     manufacturers of any inorganic byproducts, when such 
     byproducts, whether by the byproduct manufacturer or by any 
     other person, are subsequently recycled, reused, or 
     reprocessed.
       ``(B) Not later than 3 and one-half years after such date 
     of enactment, the Administrator shall publish a final rule 
     resulting from such negotiated rulemaking.''; and
       (2) in subsection (b), by adding at the end the following:
       ``(3) Nomenclature.--
       ``(A) In general.--In carrying out paragraph (1), the 
     Administrator shall--
       ``(i) maintain the use of Class 2 nomenclature in use on 
     the date of enactment of the Frank R. Lautenberg Chemical 
     Safety for the 21st Century Act;
       ``(ii) maintain the use of the Soap and Detergent 
     Association Nomenclature System, published in March 1978 by 
     the Administrator in section 1 of addendum III of the 
     document entitled `Candidate List of Chemical Substances', 
     and further described in the appendix A of volume I of the 
     1985 edition of the Toxic Substances Control Act Substances 
     Inventory (EPA Document No. EPA-560/7-85-002a); and
       ``(iii) treat the individual members of the categories of 
     chemical substances identified by the Administrator as 
     statutory mixtures, as defined in Inventory descriptions 
     established by the Administrator, as being included on the 
     list established under paragraph (1).
       ``(B) Multiple nomenclature listings.--If a manufacturer or 
     processor demonstrates to the Administrator that a chemical 
     substance appears multiple times on the list published under 
     paragraph (1) under different CAS numbers, the Administrator 
     may recognize the multiple listings as a single chemical 
     substance.
       ``(4) Chemical substances in commerce.--
       ``(A) Rules.--
       ``(i) In general.--Not later than 1 year after the date of 
     enactment of the Frank R. Lautenberg Chemical Safety for the 
     21st Century Act, the Administrator, by rule, shall require 
     manufacturers, and may require processors, subject to the 
     limitations under subsection (a)(5)(A), to notify the 
     Administrator, by not later than 180 days after the date on 
     which the final rule is published in the Federal Register, of 
     each chemical substance on the list published under paragraph 
     (1) that the manufacturer or processor, as applicable, has 
     manufactured or processed for a nonexempt commercial purpose 
     during the 10-year period ending on the day before the date 
     of enactment of the Frank R. Lautenberg Chemical Safety for 
     the 21st Century Act.
       ``(ii) Active substances.--The Administrator shall 
     designate chemical substances for which notices are received 
     under clause (i) to be active substances on the list 
     published under paragraph (1).

[[Page 7040]]

       ``(iii) Inactive substances.--The Administrator shall 
     designate chemical substances for which no notices are 
     received under clause (i) to be inactive substances on the 
     list published under paragraph (1).
       ``(iv) Limitation.--No chemical substance on the list 
     published under paragraph (1) shall be removed from such list 
     by reason of the implementation of this subparagraph, or be 
     subject to section 5(a)(1)(A)(i) by reason of a change to 
     active status under paragraph (5)(B).
       ``(B) Confidential chemical substances.--In promulgating a 
     rule under subparagraph (A), the Administrator shall--
       ``(i) maintain the list under paragraph (1), which shall 
     include a confidential portion and a nonconfidential portion 
     consistent with this section and section 14;
       ``(ii) require any manufacturer or processor of a chemical 
     substance on the confidential portion of the list published 
     under paragraph (1) that seeks to maintain an existing claim 
     for protection against disclosure of the specific chemical 
     identity of the chemical substance as confidential pursuant 
     to section 14 to submit a notice under subparagraph (A) that 
     includes such request;
       ``(iii) require the substantiation of those claims pursuant 
     to section 14 and in accordance with the review plan 
     described in subparagraph (C); and
       ``(iv) move any active chemical substance for which no 
     request was received to maintain an existing claim for 
     protection against disclosure of the specific chemical 
     identity of the chemical substance as confidential from the 
     confidential portion of the list published under paragraph 
     (1) to the nonconfidential portion of that list.
       ``(C) Review plan.--Not later than 1 year after the date on 
     which the Administrator compiles the initial list of active 
     substances pursuant to subparagraph (A), the Administrator 
     shall promulgate a rule that establishes a plan to review all 
     claims to protect the specific chemical identities of 
     chemical substances on the confidential portion of the list 
     published under paragraph (1) that are asserted pursuant to 
     subparagraph (B).
       ``(D) Requirements of review plan.--In establishing the 
     review plan under subparagraph (C), the Administrator shall--
       ``(i) require, at a time specified by the Administrator, 
     all manufacturers or processors asserting claims under 
     subparagraph (B) to substantiate the claim, in accordance 
     with section 14, unless the manufacturer or processor has 
     substantiated the claim in a submission made to the 
     Administrator during the 5-year period ending on the last day 
     of the of the time period specified by the Administrator; and
       ``(ii) in accordance with section 14--

       ``(I) review each substantiation--

       ``(aa) submitted pursuant to clause (i) to determine if the 
     claim qualifies for protection from disclosure; and
       ``(bb) submitted previously by a manufacturer or processor 
     and relied on in lieu of the substantiation required pursuant 
     to clause (i), if the substantiation has not been previously 
     reviewed by the Administrator, to determine if the claim 
     warrants protection from disclosure;

       ``(II) approve, approve in part and deny in part, or deny 
     each claim; and
       ``(III) except as provided in this section and section 14, 
     protect from disclosure information for which the 
     Administrator approves such a claim for a period of 10 years, 
     unless, prior to the expiration of the period--

       ``(aa) the person notifies the Administrator that the 
     person is withdrawing the claim, in which case the 
     Administrator shall not protect the information from 
     disclosure; or
       ``(bb) the Administrator otherwise becomes aware that the 
     information does not qualify for protection from disclosure, 
     in which case the Administrator shall take the actions 
     described in section 14(g)(2).
       ``(E) Timeline for completion of reviews.--
       ``(i) In general.--The Administrator shall implement the 
     review plan so as to complete reviews of all claims specified 
     in subparagraph (C) not later than 5 years after the date on 
     which the Administrator compiles the initial list of active 
     substances pursuant to subparagraph (A).
       ``(ii) Considerations.--

       ``(I) In general.--The Administrator may extend the 
     deadline for completion of the reviews for not more than 2 
     additional years, after an adequate public justification, if 
     the Administrator determines that the extension is necessary 
     based on the number of claims needing review and the 
     available resources.
       ``(II) Annual review goal and results.--At the beginning of 
     each year, the Administrator shall publish an annual goal for 
     reviews and the number of reviews completed in the prior 
     year.

       ``(5) Active and inactive substances.--
       ``(A) In general.--The Administrator shall keep 
     designations of active substances and inactive substances on 
     the list published under paragraph (1) current.
       ``(B) Change to active status.--
       ``(i) In general.--Any person that intends to manufacture 
     or process for a nonexempt commercial purpose a chemical 
     substance that is designated as an inactive substance shall 
     notify the Administrator before the date on which the 
     inactive substance is manufactured or processed.
       ``(ii) Confidential chemical identity.--If a person 
     submitting a notice under clause (i) for an inactive 
     substance on the confidential portion of the list published 
     under paragraph (1) seeks to maintain an existing claim for 
     protection against disclosure of the specific chemical 
     identity of the inactive substance as confidential, the 
     person shall, consistent with the requirements of section 
     14--

       ``(I) in the notice submitted under clause (i), assert the 
     claim; and
       ``(II) by not later than 30 days after providing the notice 
     under clause (i), substantiate the claim.

       ``(iii) Active status.--On receiving a notification under 
     clause (i), the Administrator shall--

       ``(I) designate the applicable chemical substance as an 
     active substance;
       ``(II) pursuant to section 14, promptly review any claim 
     and associated substantiation submitted pursuant to clause 
     (ii) for protection against disclosure of the specific 
     chemical identity of the chemical substance and approve, 
     approve in part and deny in part, or deny the claim;
       ``(III) except as provided in this section and section 14, 
     protect from disclosure the specific chemical identity of the 
     chemical substance for which the Administrator approves a 
     claim under subclause (II) for a period of 10 years, unless, 
     prior to the expiration of the period--

       ``(aa) the person notifies the Administrator that the 
     person is withdrawing the claim, in which case the 
     Administrator shall not protect the information from 
     disclosure; or
       ``(bb) the Administrator otherwise becomes aware that the 
     information does not qualify for protection from disclosure, 
     in which case the Administrator shall take the actions 
     described in section 14(g)(2); and

       ``(IV) pursuant to section 6(b), review the priority of the 
     chemical substance as the Administrator determines to be 
     necessary.

       ``(C) Category status.--The list of inactive substances 
     shall not be considered to be a category for purposes of 
     section 26(c).
       ``(6) Interim list of active substances.--Prior to the 
     promulgation of the rule required under paragraph (4)(A), the 
     Administrator shall designate the chemical substances 
     reported under part 711 of title 40, Code of Federal 
     Regulations (as in effect on the date of enactment of the 
     Frank R. Lautenberg Chemical Safety for the 21st Century 
     Act), during the reporting period that most closely preceded 
     the date of enactment of the Frank R. Lautenberg Chemical 
     Safety for the 21st Century Act, as the interim list of 
     active substances for the purposes of section 6(b).
       ``(7) Public information.--Subject to this subsection and 
     section 14, the Administrator shall make available to the 
     public--
       ``(A) each specific chemical identity on the 
     nonconfidential portion of the list published under paragraph 
     (1) along with the Administrator's designation of the 
     chemical substance as an active or inactive substance;
       ``(B) the unique identifier assigned under section 14, 
     accession number, generic name, and, if applicable, 
     premanufacture notice case number for each chemical substance 
     on the confidential portion of the list published under 
     paragraph (1) for which a claim of confidentiality was 
     received; and
       ``(C) the specific chemical identity of any active 
     substance for which--
       ``(i) a claim for protection against disclosure of the 
     specific chemical identity of the active substance was not 
     asserted, as required under this subsection or section 14;
       ``(ii) all claims for protection against disclosure of the 
     specific chemical identity of the active substance have been 
     denied by the Administrator; or
       ``(iii) the time period for protection against disclosure 
     of the specific chemical identity of the active substance has 
     expired.
       ``(8) Limitation.--No person may assert a new claim under 
     this subsection or section 14 for protection from disclosure 
     of a specific chemical identity of any active or inactive 
     substance for which a notice is received under paragraph 
     (4)(A)(i) or (5)(B)(i) that is not on the confidential 
     portion of the list published under paragraph (1).
       ``(9) Certification.--Under the rules promulgated under 
     this subsection, manufacturers and processors, as applicable, 
     shall be required--
       ``(A) to certify that each notice or substantiation the 
     manufacturer or processor submits complies with the 
     requirements of the rule, and that any confidentiality claims 
     are true and correct; and
       ``(B) to retain a record documenting compliance with the 
     rule and supporting confidentiality claims for a period of 5 
     years beginning on the last day of the submission period.''.
       (b) Mercury Inventory.--Section 8(b) of the Toxic 
     Substances Control Act (15 U.S.C. 2607(b)) (as amended by 
     subsection (a)) is further amended by adding at the end the 
     following:
       ``(10) Mercury.--
       ``(A) Definition of mercury.--In this paragraph, 
     notwithstanding section 3(2)(B), the term `mercury' means--
       ``(i) elemental mercury; and
       ``(ii) a mercury compound.
       ``(B) Publication.--Not later than April 1, 2017, and every 
     3 years thereafter, the Administrator shall carry out and 
     publish in

[[Page 7041]]

     the Federal Register an inventory of mercury supply, use, and 
     trade in the United States.
       ``(C) Process.--In carrying out the inventory under 
     subparagraph (B), the Administrator shall--
       ``(i) identify any manufacturing processes or products that 
     intentionally add mercury; and
       ``(ii) recommend actions, including proposed revisions of 
     Federal law or regulations, to achieve further reductions in 
     mercury use.
       ``(D) Reporting.--
       ``(i) In general.--To assist in the preparation of the 
     inventory under subparagraph (B), any person who manufactures 
     mercury or mercury-added products or otherwise intentionally 
     uses mercury in a manufacturing process shall make periodic 
     reports to the Administrator, at such time and including such 
     information as the Administrator shall determine by rule 
     promulgated not later than 2 years after the date of 
     enactment of this paragraph.
       ``(ii) Coordination.--To avoid duplication, the 
     Administrator shall coordinate the reporting under this 
     subparagraph with the Interstate Mercury Education and 
     Reduction Clearinghouse.
       ``(iii) Exemption.--Clause (i) shall not apply to a person 
     engaged in the generation, handling, or management of 
     mercury-containing waste, unless that person manufactures or 
     recovers mercury in the management of that waste.''.

     SEC. 9. RELATIONSHIP TO OTHER FEDERAL LAWS.

       Section 9 of the Toxic Substances Control Act (15 U.S.C. 
     2608) is amended--
       (1) in subsection (a)--
       (A) in paragraph (1)--
       (i) by striking ``has reasonable basis to conclude'' and 
     inserting ``determines'';
       (ii) by striking ``or will present''; and
       (iii) by inserting ``, without consideration of costs or 
     other nonrisk factors, including an unreasonable risk to a 
     potentially exposed or susceptible subpopulation identified 
     as relevant by the Administrator, under the conditions of 
     use,'' after ``or the environment'';
       (B) in paragraph (2)--
       (i) in subparagraph (A), by inserting ``, within the time 
     period specified by the Administrator in the report,'' after 
     ``issues an order''; and
       (ii) in subparagraph (B), by inserting ``responds within 
     the time period specified by the Administrator in the report 
     and'' before ``initiates, within 90'';
       (C) by redesignating paragraph (3) as paragraph (6); and
       (D) by inserting after paragraph (2) the following:
       ``(3) The Administrator shall take the actions described in 
     paragraph (4) if the Administrator makes a report under 
     paragraph (1) with respect to a chemical substance or mixture 
     and the agency to which the report was made does not--
       ``(A) issue the order described in paragraph (2)(A) within 
     the time period specified by the Administrator in the report; 
     or
       ``(B)(i) respond under paragraph (1) within the timeframe 
     specified by the Administrator in the report; and
       ``(ii) initiate action within 90 days of publication in the 
     Federal Register of the response described in clause (i).
       ``(4) If an agency to which a report is submitted under 
     paragraph (1) does not take the actions described in 
     subparagraph (A) or (B) of paragraph (3), the Administrator 
     shall--
       ``(A) initiate or complete appropriate action under section 
     6; or
       ``(B) take any action authorized or required under section 
     7, as applicable.
       ``(5) This subsection shall not relieve the Administrator 
     of any obligation to take any appropriate action under 
     section 6(a) or 7 to address risks from the manufacture, 
     processing, distribution in commerce, use, or disposal of a 
     chemical substance or mixture, or any combination of those 
     activities, that are not identified in a report issued by the 
     Administrator under paragraph (1).'';
       (2) in subsection (b)--
       (A) by striking ``The Administrator shall coordinate'' and 
     inserting ``(1) The Administrator shall coordinate''; and
       (B) by adding at the end the following:
       ``(2) In making a determination under paragraph (1) that it 
     is in the public interest for the Administrator to take an 
     action under this title with respect to a chemical substance 
     or mixture rather than under another law administered in 
     whole or in part by the Administrator, the Administrator 
     shall consider, based on information reasonably available to 
     the Administrator, all relevant aspects of the risk described 
     in paragraph (1) and a comparison of the estimated costs and 
     efficiencies of the action to be taken under this title and 
     an action to be taken under such other law to protect against 
     such risk.''; and
       (3) by adding at the end the following:
       ``(e) Exposure Information.--In addition to the 
     requirements of subsection (a), if the Administrator obtains 
     information related to exposures or releases of a chemical 
     substance or mixture that may be prevented or reduced under 
     another Federal law, including a law not administered by the 
     Administrator, the Administrator shall make such information 
     available to the relevant Federal agency or office of the 
     Environmental Protection Agency.''.

     SEC. 10. EXPORTS.

       (a) In General.--Section 12(a)(2) of the Toxic Substances 
     Control Act (15 U.S.C. 2611(a)(2)) is amended by striking 
     ``will present'' and inserting ``presents''.
       (b) Prohibition on Export of Certain Mercury Compounds.--
     Section 12(c) of the Toxic Substances Control Act (15 U.S.C. 
     2611(c)) is amended--
       (1) in the subsection heading, by inserting ``and Mercury 
     Compounds'' after ``Mercury''; and
       (2) by adding at the end the following:
       ``(7) Prohibition on export of certain mercury compounds.--
       ``(A) In general.--Effective January 1, 2020, the export of 
     the following mercury compounds is prohibited:
       ``(i) Mercury (I) chloride or calomel.
       ``(ii) Mercury (II) oxide.
       ``(iii) Mercury (II) sulfate.
       ``(iv) Mercury (II) nitrate.
       ``(v) Cinnabar or mercury sulphide.
       ``(vi) Any mercury compound that the Administrator adds to 
     the list published under subparagraph (B) by rule, on 
     determining that exporting that mercury compound for the 
     purpose of regenerating elemental mercury is technically 
     feasible.
       ``(B) Publication.--Not later than 90 days after the date 
     of enactment of the Frank R. Lautenberg Chemical Safety for 
     the 21st Century Act, and as appropriate thereafter, the 
     Administrator shall publish in the Federal Register a list of 
     the mercury compounds that are prohibited from export under 
     this paragraph.
       ``(C) Petition.--Any person may petition the Administrator 
     to add a mercury compound to the list published under 
     subparagraph (B).
       ``(D) Environmentally sound disposal.--This paragraph does 
     not prohibit the export of mercury compounds on the list 
     published under subparagraph (B) to member countries of the 
     Organization for Economic Co-operation and Development for 
     environmentally sound disposal, on the condition that no 
     mercury or mercury compounds so exported are to be recovered, 
     recycled, or reclaimed for use, or directly reused, after 
     such export.
       ``(E) Report.--Not later than 5 years after the date of 
     enactment of the Frank R. Lautenberg Chemical Safety for the 
     21st Century Act, the Administrator shall evaluate any 
     exports of mercury compounds on the list published under 
     subparagraph (B) for disposal that occurred after such date 
     of enactment and shall submit to Congress a report that--
       ``(i) describes volumes and sources of mercury compounds on 
     the list published under subparagraph (B) exported for 
     disposal;
       ``(ii) identifies receiving countries of such exports;
       ``(iii) describes methods of disposal used after such 
     export;
       ``(iv) identifies issues, if any, presented by the export 
     of mercury compounds on the list published under subparagraph 
     (B);
       ``(v) includes an evaluation of management options in the 
     United States for mercury compounds on the list published 
     under subparagraph (B), if any, that are commercially 
     available and comparable in cost and efficacy to methods 
     being utilized in such receiving countries; and
       ``(vi) makes a recommendation regarding whether Congress 
     should further limit or prohibit the export of mercury 
     compounds on the list published under subparagraph (B) for 
     disposal.
       ``(F) Effect on other law.--Nothing in this paragraph shall 
     be construed to affect the authority of the Administrator 
     under the Solid Waste Disposal Act (42 U.S.C. 6901 et 
     seq.).''.
       (c) Temporary Generator Accumulation.--Section 5 of the 
     Mercury Export Ban Act of 2008 (42 U.S.C. 6939f) is amended--
       (1) in subsection (a)(2), by striking ``2013'' and 
     inserting ``2019'';
       (2) in subsection (b)--
       (A) in paragraph (1)--
       (i) by redesignating subparagraphs (A), (B), and (C), as 
     clauses (i), (ii), and (iii), respectively and indenting 
     appropriately;
       (ii) in the first sentence, by striking ``After 
     consultation'' and inserting the following:
       ``(A) Assessment and collection.--After consultation'';
       (iii) in the second sentence, by striking ``The amount of 
     such fees'' and inserting the following:
       ``(B) Amount.--The amount of the fees described in 
     subparagraph (A)'';
       (iv) in subparagraph (B) (as so designated)--

       (I) in clause (i) (as so redesignated), by striking 
     ``publically available not later than October 1, 2012'' and 
     inserting ``publicly available not later than October 1, 
     2018'';
       (II) in clause (ii) (as so redesignated), by striking 
     ``and'';
       (III) in clause (iii) (as so redesignated), by striking the 
     period at the end and inserting ``, subject to clause (iv); 
     and''; and
       (IV) by adding at the end the following:

       ``(iv) for generators temporarily accumulating elemental 
     mercury in a facility subject to subparagraphs (B) and 
     (D)(iv) of subsection (g)(2) if the facility designated in 
     subsection (a) is not operational by January

[[Page 7042]]

     1, 2019, shall be adjusted to subtract the cost of the 
     temporary accumulation during the period in which the 
     facility designated under subsection (a) is not 
     operational.''; and
       (v) by adding at the end the following:
       ``(C) Conveyance of title and permitting.--If the facility 
     designated in subsection (a) is not operational by January 1, 
     2020, the Secretary--
       ``(i) shall immediately accept the conveyance of title to 
     all elemental mercury that has accumulated in facilities in 
     accordance with subsection (g)(2)(D), before January 1, 2020, 
     and deliver the accumulated mercury to the facility 
     designated under subsection (a) on the date on which the 
     facility becomes operational;
       ``(ii) shall pay any applicable Federal permitting costs, 
     including the costs for permits issued under section 3005(c) 
     of the Solid Waste Disposal Act (42 U.S.C. 6925(c)); and
       ``(iii) shall store, or pay the cost of storage of, until 
     the time at which a facility designated in subsection (a) is 
     operational, accumulated mercury to which the Secretary has 
     title under this subparagraph in a facility that has been 
     issued a permit under section 3005(c) of the Solid Waste 
     Disposal Act (42 U.S.C. 6925(c)).''; and
       (B) in paragraph (2), in the first sentence, by striking 
     ``paragraph (1)(C)'' and inserting ``paragraph (1)(B)(iii)''; 
     and
       (3) in subsection (g)(2)--
       (A) in the undesignated material at the end, by striking 
     ``This subparagraph'' and inserting the following:
       ``(C) Subparagraph (B)'';
       (B) in subparagraph (C) (as designated by subparagraph 
     (A)), by inserting ``of that subparagraph'' before the period 
     at the end; and
       (C) by adding at the end the following:
       ``(D) A generator producing elemental mercury incidentally 
     from the beneficiation or processing of ore or related 
     pollution control activities may accumulate the mercury 
     produced onsite that is destined for a facility designated by 
     the Secretary under subsection (a) for more than 90 days 
     without a permit issued under section 3005(c) of the Solid 
     Waste Disposal Act (42 U.S.C. 6925(c)), and shall not be 
     subject to the storage prohibition of section 3004(j) of that 
     Act (42 U.S.C. 6924(j)), if--
       ``(i) the Secretary is unable to accept the mercury at a 
     facility designated by the Secretary under subsection (a) for 
     reasons beyond the control of the generator;
       ``(ii) the generator certifies in writing to the Secretary 
     that the generator will ship the mercury to a designated 
     facility when the Secretary is able to accept the mercury;
       ``(iii) the generator certifies in writing to the Secretary 
     that the generator is storing only mercury the generator has 
     produced or recovered onsite and will not sell, or otherwise 
     place into commerce, the mercury; and
       ``(iv) the generator has obtained an identification number 
     under section 262.12 of title 40, Code of Federal 
     Regulations, and complies with the requirements described in 
     paragraphs (1) through (4) of section 262.34(a) of title 40, 
     Code of Federal Regulations (as in effect on the date of 
     enactment of this subparagraph).
       ``(E) Management standards for temporary storage.--Not 
     later than January 1, 2017, the Secretary, after consultation 
     with the Administrator of the Environmental Protection Agency 
     and State agencies in affected States, shall develop and make 
     available guidance that establishes procedures and standards 
     for the management and short-term storage of elemental 
     mercury at a generator covered under subparagraph (D), 
     including requirements to ensure appropriate use of flasks or 
     other suitable containers. Such procedures and standards 
     shall be protective of health and the environment and shall 
     ensure that the elemental mercury is stored in a safe, 
     secure, and effective manner. A generator may accumulate 
     mercury in accordance with subparagraph (D) immediately upon 
     enactment of this subparagraph, and notwithstanding that 
     guidance called for by this paragraph has not been developed 
     or made available.''.
       (d) Interim Status.--Section 5(d)(1) of the Mercury Export 
     Ban Act of 2008 (42 U.S.C. 6939f(d)(1)) is amended--
       (1) in the fourth sentence, by striking ``in existence on 
     or before January 1, 2013,''; and
       (2) in the last sentence, by striking ``January 1, 2015'' 
     and inserting ``January 1, 2020''.

     SEC. 11. CONFIDENTIAL INFORMATION.

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

     ``SEC. 14. CONFIDENTIAL INFORMATION.

       ``(a) In General.--Except as provided in this section, the 
     Administrator shall not disclose information that is exempt 
     from disclosure pursuant to subsection (a) of section 552 of 
     title 5, United States Code, by reason of subsection (b)(4) 
     of that section--
       ``(1) that is reported to, or otherwise obtained by, the 
     Administrator under this Act; and
       ``(2) for which the requirements of subsection (c) are met.
     In any proceeding under section 552(a) of title 5, United 
     States Code, to obtain information the disclosure of which 
     has been denied because of the provisions of this subsection, 
     the Administrator may not rely on section 552(b)(3) of such 
     title to sustain the Administrator's action.
       ``(b) Information Not Protected From Disclosure.--
       ``(1) Mixed confidential and nonconfidential information.--
     Information that is protected from disclosure under this 
     section, and which is mixed with information that is not 
     protected from disclosure under this section, does not lose 
     its protection from disclosure notwithstanding that it is 
     mixed with information that is not protected from disclosure.
       ``(2) Information from health and safety studies.--
     Subsection (a) does not prohibit the disclosure of--
       ``(A) any health and safety study which is submitted under 
     this Act with respect to--
       ``(i) any chemical substance or mixture which, on the date 
     on which such study is to be disclosed has been offered for 
     commercial distribution; or
       ``(ii) any chemical substance or mixture for which testing 
     is required under section 4 or for which notification is 
     required under section 5; and
       ``(B) any information reported to, or otherwise obtained 
     by, the Administrator from a health and safety study which 
     relates to a chemical substance or mixture described in 
     clause (i) or (ii) of subparagraph (A).
     This paragraph does not authorize the disclosure of any 
     information, including formulas (including molecular 
     structures) of a chemical substance or mixture, that 
     discloses processes used in the manufacturing or processing 
     of a chemical substance or mixture or, in the case of a 
     mixture, the portion of the mixture comprised by any of the 
     chemical substances in the mixture.
       ``(3) Other information not protected from disclosure.--
     Subsection (a) does not prohibit the disclosure of--
       ``(A) any general information describing the manufacturing 
     volumes, expressed as specific aggregated volumes or, if the 
     Administrator determines that disclosure of specific 
     aggregated volumes would reveal confidential information, 
     expressed in ranges; or
       ``(B) a general description of a process used in the 
     manufacture or processing and industrial, commercial, or 
     consumer functions and uses of a chemical substance, mixture, 
     or article containing a chemical substance or mixture, 
     including information specific to an industry or industry 
     sector that customarily would be shared with the general 
     public or within an industry or industry sector.
       ``(4) Bans and phase-outs.--
       ``(A) In general.--If the Administrator promulgates a rule 
     pursuant to section 6(a) that establishes a ban or phase-out 
     of a chemical substance or mixture, the protection from 
     disclosure of any information under this section with respect 
     to the chemical substance or mixture shall be presumed to no 
     longer apply, subject to subsection (g)(1)(E) and 
     subparagraphs (B) and (C) of this paragraph.
       ``(B) Limitations.--
       ``(i) Critical use.--In the case of a chemical substance or 
     mixture for which a specific condition of use is subject to 
     an exemption pursuant to section 6(g), if the Administrator 
     establishes a ban or phase-out described in subparagraph (A) 
     with respect to the chemical substance or mixture, the 
     presumption against protection under such subparagraph shall 
     only apply to information that relates solely to any 
     conditions of use of the chemical substance or mixture to 
     which the exemption does not apply.
       ``(ii) Export.--In the case of a chemical substance or 
     mixture for which there is manufacture, processing, or 
     distribution in commerce that meets the conditions of section 
     12(a)(1), if the Administrator establishes a ban or phase-out 
     described in subparagraph (A) with respect to the chemical 
     substance or mixture, the presumption against protection 
     under such subparagraph shall only apply to information that 
     relates solely to any other manufacture, processing, or 
     distribution in commerce of the chemical substance or mixture 
     for the conditions of use subject to the ban or phase-out, 
     unless the Administrator makes the determination in section 
     12(a)(2).
       ``(iii) Specific conditions of use.--In the case of a 
     chemical substance or mixture for which the Administrator 
     establishes a ban or phase-out described in subparagraph (A) 
     with respect to a specific condition of use of the chemical 
     substance or mixture, the presumption against protection 
     under such subparagraph shall only apply to information that 
     relates solely to the condition of use of the chemical 
     substance or mixture for which the ban or phase-out is 
     established.
       ``(C) Request for nondisclosure.--
       ``(i) In general.--A manufacturer or processor of a 
     chemical substance or mixture subject to a ban or phase-out 
     described in this paragraph may submit to the Administrator, 
     within 30 days of receiving a notification under subsection 
     (g)(2)(A), a request, including documentation supporting such 
     request, that some or all of the information to which the 
     notice applies should not be disclosed or that its disclosure 
     should be delayed, and the Administrator shall review the 
     request under subsection (g)(1)(E).
       ``(ii) Effect of no request or denial.--If no request for 
     nondisclosure or delay is submitted to the Administrator 
     under this subparagraph, or the Administrator denies such a 
     request under subsection (g)(1)(A), the information shall not 
     be protected from disclosure under this section.

[[Page 7043]]

       ``(5) Certain requests.--If a request is made to the 
     Administrator under section 552(a) of title 5, United States 
     Code, for information reported to or otherwise obtained by 
     the Administrator under this Act that is not protected from 
     disclosure under this subsection, the Administrator may not 
     deny the request on the basis of section 552(b)(4) of title 
     5, United States Code.
       ``(c) Requirements for Confidentiality Claims.--
       ``(1) Assertion of claims.--
       ``(A) In general.--A person seeking to protect from 
     disclosure any information that person submits under this Act 
     (including information described in paragraph (2)) shall 
     assert to the Administrator a claim for protection from 
     disclosure concurrent with submission of the information, in 
     accordance with such rules regarding a claim for protection 
     from disclosure as the Administrator has promulgated or may 
     promulgate pursuant to this title.
       ``(B) Inclusion.--An assertion of a claim under 
     subparagraph (A) shall include a statement that the person 
     has--
       ``(i) taken reasonable measures to protect the 
     confidentiality of the information;
       ``(ii) determined that the information is not required to 
     be disclosed or otherwise made available to the public under 
     any other Federal law;
       ``(iii) a reasonable basis to conclude that disclosure of 
     the information is likely to cause substantial harm to the 
     competitive position of the person; and
       ``(iv) a reasonable basis to believe that the information 
     is not readily discoverable through reverse engineering.
       ``(C) Additional requirements for claims regarding chemical 
     identity information.--In the case of a claim under 
     subparagraph (A) for protection from disclosure of a specific 
     chemical identity, the claim shall include a structurally 
     descriptive generic name for the chemical substance that the 
     Administrator may disclose to the public, subject to the 
     condition that such generic name shall--
       ``(i) be consistent with guidance developed by the 
     Administrator under paragraph (4)(A); and
       ``(ii) describe the chemical structure of the chemical 
     substance as specifically as practicable while protecting 
     those features of the chemical structure--

       ``(I) that are claimed as confidential; and
       ``(II) the disclosure of which would be likely to cause 
     substantial harm to the competitive position of the person.

       ``(2) Information generally not subject to substantiation 
     requirements.--Subject to subsection (f), the following 
     information shall not be subject to substantiation 
     requirements under paragraph (3):
       ``(A) Specific information describing the processes used in 
     manufacture or processing of a chemical substance, mixture, 
     or article.
       ``(B) Marketing and sales information.
       ``(C) Information identifying a supplier or customer.
       ``(D) In the case of a mixture, details of the full 
     composition of the mixture and the respective percentages of 
     constituents.
       ``(E) Specific information regarding the use, function, or 
     application of a chemical substance or mixture in a process, 
     mixture, or article.
       ``(F) Specific production or import volumes of the 
     manufacturer or processor.
       ``(G) Prior to the date on which a chemical substance is 
     first offered for commercial distribution, the specific 
     chemical identity of the chemical substance, including the 
     chemical name, molecular formula, Chemical Abstracts Service 
     number, and other information that would identify the 
     specific chemical substance, if the specific chemical 
     identity was claimed as confidential at the time it was 
     submitted in a notice under section 5.
       ``(3) Substantiation requirements.--Except as provided in 
     paragraph (2), a person asserting a claim to protect 
     information from disclosure under this section shall 
     substantiate the claim, in accordance with such rules as the 
     Administrator has promulgated or may promulgate pursuant to 
     this section.
       ``(4) Guidance.--The Administrator shall develop guidance 
     regarding--
       ``(A) the determination of structurally descriptive generic 
     names, in the case of claims for the protection from 
     disclosure of specific chemical identity; and
       ``(B) the content and form of the statements of need and 
     agreements required under paragraphs (4), (5), and (6) of 
     subsection (d).
       ``(5) Certification.--An authorized official of a person 
     described in paragraph (1)(A) shall certify that the 
     statement required to assert a claim submitted pursuant to 
     paragraph (1)(B), and any information required to 
     substantiate a claim submitted pursuant to paragraph (3), are 
     true and correct.
       ``(d) Exceptions to Protection From Disclosure.--
     Information described in subsection (a)--
       ``(1) shall be disclosed to an officer or employee of the 
     United States--
       ``(A) in connection with the official duties of that person 
     under any Federal law for the protection of health or the 
     environment; or
       ``(B) for a specific Federal law enforcement purpose;
       ``(2) shall be disclosed to a contractor of the United 
     States and employees of that contractor--
       ``(A) if, in the opinion of the Administrator, the 
     disclosure is necessary for the satisfactory performance by 
     the contractor of a contract with the United States for the 
     performance of work in connection with this Act; and
       ``(B) subject to such conditions as the Administrator may 
     specify;
       ``(3) shall be disclosed if the Administrator determines 
     that disclosure is necessary to protect health or the 
     environment against an unreasonable risk of injury to health 
     or the environment, without consideration of costs or other 
     nonrisk factors, including an unreasonable risk to a 
     potentially exposed or susceptible subpopulation identified 
     as relevant by the Administrator under the conditions of use;
       ``(4) shall be disclosed to a State, political subdivision 
     of a State, or tribal government, on written request, for the 
     purpose of administration or enforcement of a law, if such 
     entity has 1 or more applicable agreements with the 
     Administrator that are consistent with the guidance developed 
     under subsection (c)(4)(B) and ensure that the entity will 
     take appropriate measures, and has adequate authority, to 
     maintain the confidentiality of the information in accordance 
     with procedures comparable to the procedures used by the 
     Administrator to safeguard the information;
       ``(5) shall be disclosed to a health or environmental 
     professional employed by a Federal or State agency or tribal 
     government or a treating physician or nurse in a nonemergency 
     situation if such person provides a written statement of need 
     and agrees to sign a written confidentiality agreement with 
     the Administrator, subject to the conditions that--
       ``(A) the statement of need and confidentiality agreement 
     are consistent with the guidance developed under subsection 
     (c)(4)(B);
       ``(B) the statement of need shall be a statement that the 
     person has a reasonable basis to suspect that--
       ``(i) the information is necessary for, or will assist in--

       ``(I) the diagnosis or treatment of 1 or more individuals; 
     or
       ``(II) responding to an environmental release or exposure; 
     and

       ``(ii) 1 or more individuals being diagnosed or treated 
     have been exposed to the chemical substance or mixture 
     concerned, or an environmental release of or exposure to the 
     chemical substance or mixture concerned has occurred; and
       ``(C) the person will not use the information for any 
     purpose other than the health or environmental needs asserted 
     in the statement of need, except as otherwise may be 
     authorized by the terms of the agreement or by the person who 
     has a claim under this section with respect to the 
     information;
       ``(6) shall be disclosed in the event of an emergency to a 
     treating or responding physician, nurse, agent of a poison 
     control center, public health or environmental official of a 
     State, political subdivision of a State, or tribal 
     government, or first responder (including any individual duly 
     authorized by a Federal agency, State, political subdivision 
     of a State, or tribal government who is trained in urgent 
     medical care or other emergency procedures, including a 
     police officer, firefighter, or emergency medical technician) 
     if such person requests the information, subject to the 
     conditions that such person shall--
       ``(A) have a reasonable basis to suspect that--
       ``(i) a medical, public health, or environmental emergency 
     exists;
       ``(ii) the information is necessary for, or will assist in, 
     emergency or first-aid diagnosis or treatment; or
       ``(iii) 1 or more individuals being diagnosed or treated 
     have likely been exposed to the chemical substance or mixture 
     concerned, or a serious environmental release of or exposure 
     to the chemical substance or mixture concerned has occurred; 
     and
       ``(B) if requested by a person who has a claim with respect 
     to the information under this section--
       ``(i) provide a written statement of need and agree to sign 
     a confidentiality agreement, as described in paragraph (5); 
     and
       ``(ii) submit to the Administrator such statement of need 
     and confidentiality agreement as soon as practicable, but not 
     necessarily before the information is disclosed;
       ``(7) may be disclosed if the Administrator determines that 
     disclosure is relevant in a proceeding under this Act, 
     subject to the condition that the disclosure is made in such 
     a manner as to preserve confidentiality to the extent 
     practicable without impairing the proceeding;
       ``(8) shall be disclosed if the information is required to 
     be made public under any other provision of Federal law; and
       ``(9) shall be disclosed as required pursuant to discovery, 
     subpoena, other court order, or any other judicial process 
     otherwise allowed under applicable Federal or State law.
       ``(e) Duration of Protection From Disclosure.--
       ``(1) In general.--Subject to paragraph (2), subsection 
     (f)(3), and section 8(b), the Administrator shall protect 
     from disclosure information described in subsection (a)--

[[Page 7044]]

       ``(A) in the case of information described in subsection 
     (c)(2), until such time as--
       ``(i) the person that asserted the claim notifies the 
     Administrator that the person is withdrawing the claim, in 
     which case the information shall not be protected from 
     disclosure under this section; or
       ``(ii) the Administrator becomes aware that the information 
     does not qualify for protection from disclosure under this 
     section, in which case the Administrator shall take any 
     actions required under subsections (f) and (g); and
       ``(B) in the case of information other than information 
     described in subsection (c)(2)--
       ``(i) for a period of 10 years from the date on which the 
     person asserts the claim with respect to the information 
     submitted to the Administrator; or
       ``(ii) if applicable before the expiration of such 10-year 
     period, until such time as--

       ``(I) the person that asserted the claim notifies the 
     Administrator that the person is withdrawing the claim, in 
     which case the information shall not be protected from 
     disclosure under this section; or

       ``(II) the Administrator becomes aware that the information 
     does not qualify for protection from disclosure under this 
     section, in which case the Administrator shall take any 
     actions required under subsections (f) and (g).

       ``(2) Extensions.--
       ``(A) In general.--In the case of information other than 
     information described in subsection (c)(2), not later than 
     the date that is 60 days before the expiration of the period 
     described in paragraph (1)(B)(i), the Administrator shall 
     provide to the person that asserted the claim a notice of the 
     impending expiration of the period.
       ``(B) Request.--
       ``(i) In general.--Not later than the date that is 30 days 
     before the expiration of the period described in paragraph 
     (1)(B)(i), a person reasserting the relevant claim shall 
     submit to the Administrator a request for extension 
     substantiating, in accordance with subsection (c)(3), the 
     need to extend the period.
       ``(ii) Action by administrator.--Not later than the date of 
     expiration of the period described in paragraph (1)(B)(i), 
     the Administrator shall, in accordance with subsection 
     (g)(1)--

       ``(I) review the request submitted under clause (i);
       ``(II) make a determination regarding whether the claim for 
     which the request was submitted continues to meet the 
     relevant requirements of this section; and
       ``(III)(aa) grant an extension of 10 years; or
       ``(bb) deny the request.

       ``(C) No limit on number of extensions.--There shall be no 
     limit on the number of extensions granted under this 
     paragraph, if the Administrator determines that the relevant 
     request under subparagraph (B)(i)--
       ``(i) establishes the need to extend the period; and
       ``(ii) meets the requirements established by the 
     Administrator.
       ``(f) Review and Resubstantiation.--
       ``(1) Discretion of administrator.--The Administrator may 
     require any person that has claimed protection for 
     information from disclosure under this section, whether 
     before, on, or after the date of enactment of the Frank R. 
     Lautenberg Chemical Safety for the 21st Century Act, to 
     reassert and substantiate or resubstantiate the claim in 
     accordance with this section--
       ``(A) after the chemical substance is designated as a high-
     priority substance under section 6(b);
       ``(B) for any chemical substance designated as an active 
     substance under section 8(b)(5)(B)(iii); or
       ``(C) if the Administrator determines that disclosure of 
     certain information currently protected from disclosure would 
     be important to assist the Administrator in conducting risk 
     evaluations or promulgating rules under section 6.
       ``(2) Review required.--The Administrator shall review a 
     claim for protection of information from disclosure under 
     this section and require any person that has claimed 
     protection for that information, whether before, on, or after 
     the date of enactment of the Frank R. Lautenberg Chemical 
     Safety for the 21st Century Act, to reassert and substantiate 
     or resubstantiate the claim in accordance with this section--
       ``(A) as necessary to determine whether the information 
     qualifies for an exemption from disclosure in connection with 
     a request for information received by the Administrator under 
     section 552 of title 5, United States Code;
       ``(B) if the Administrator has a reasonable basis to 
     believe that the information does not qualify for protection 
     from disclosure under this section; or
       ``(C) for any chemical substance the Administrator 
     determines under section 6(b)(4)(A) presents an unreasonable 
     risk of injury to health or the environment.
       ``(3) Period of protection.--If the Administrator requires 
     a person to reassert and substantiate or resubstantiate a 
     claim under this subsection, and determines that the claim 
     continues to meet the relevant requirements of this section, 
     the Administrator shall protect the information subject to 
     the claim from disclosure for a period of 10 years from the 
     date of such determination, subject to any subsequent 
     requirement by the Administrator under this subsection.
       ``(g) Duties of Administrator.--
       ``(1) Determination.--
       ``(A) In general.--Except for claims regarding information 
     described in subsection (c)(2), the Administrator shall, 
     subject to subparagraph (C), not later than 90 days after the 
     receipt of a claim under subsection (c), and not later than 
     30 days after the receipt of a request for extension of a 
     claim under subsection (e) or a request under subsection 
     (b)(4)(C), review and approve, approve in part and deny in 
     part, or deny the claim or request.
       ``(B) Reasons for denial.--If the Administrator denies or 
     denies in part a claim or request under subparagraph (A) the 
     Administrator shall provide to the person that asserted the 
     claim or submitted the request a written statement of the 
     reasons for the denial or denial in part of the claim or 
     request.
       ``(C) Subsets.--The Administrator shall--
       ``(i) except with respect to information described in 
     subsection (c)(2)(G), review all claims or requests under 
     this section for the protection from disclosure of the 
     specific chemical identity of a chemical substance; and
       ``(ii) review a representative subset, comprising at least 
     25 percent, of all other claims or requests for protection 
     from disclosure under this section.
       ``(D) Effect of failure to act.--The failure of the 
     Administrator to make a decision regarding a claim or request 
     for protection from disclosure or extension under this 
     section shall not have the effect of denying or eliminating a 
     claim or request for protection from disclosure.
       ``(E) Determination of requests under subsection 
     (b)(4)(C).--With respect to a request submitted under 
     subsection (b)(4)(C), the Administrator shall, with the 
     objective of ensuring that information relevant to the 
     protection of health and the environment is disclosed to the 
     extent practicable, determine whether the documentation 
     provided by the person rebuts what shall be the presumption 
     of the Administrator that the public interest in the 
     disclosure of the information outweighs the public or 
     proprietary interest in maintaining the protection for all or 
     a portion of the information that the person has requested 
     not be disclosed or for which disclosure be delayed.
       ``(2) Notification.--
       ``(A) In general.--Except as provided in subparagraph (B) 
     and subsections (b), (d), and (e), if the Administrator 
     denies or denies in part a claim or request under paragraph 
     (1), concludes, in accordance with this section, that the 
     information does not qualify for protection from disclosure, 
     intends to disclose information pursuant to subsection (d), 
     or promulgates a rule under section 6(a) establishing a ban 
     or phase-out with respect to a chemical substance or mixture, 
     the Administrator shall notify, in writing, the person that 
     asserted the claim or submitted the request of the intent of 
     the Administrator to disclose the information or not protect 
     the information from disclosure under this section. The 
     notice shall be furnished by certified mail (return receipt 
     requested), by personal delivery, or by other means that 
     allows verification of the fact and date of receipt.
       ``(B) Disclosure of information.--Except as provided in 
     subparagraph (C), the Administrator shall not disclose 
     information under this subsection until the date that is 30 
     days after the date on which the person that asserted the 
     claim or submitted the request receives notification under 
     subparagraph (A).
       ``(C) Exceptions.--
       ``(i) Fifteen day notification.--For information the 
     Administrator intends to disclose under subsections (d)(3), 
     (d)(4), (d)(5), and (j), the Administrator shall not disclose 
     the information until the date that is 15 days after the date 
     on which the person that asserted the claim or submitted the 
     request receives notification under subparagraph (A), except 
     that, with respect to information to be disclosed under 
     subsection (d)(3), if the Administrator determines that 
     disclosure of the information is necessary to protect against 
     an imminent and substantial harm to health or the 
     environment, no prior notification shall be necessary.
       ``(ii) Notification as soon as practicable.--For 
     information the Administrator intends to disclose under 
     paragraph (6) of subsection (d), the Administrator shall 
     notify the person that submitted the information that the 
     information has been disclosed as soon as practicable after 
     disclosure of the information.
       ``(iii) No notification required.--Notification shall not 
     be required--

       ``(I) for the disclosure of information under paragraphs 
     (1), (2), (7), or (8) of subsection (d); or
       ``(II) for the disclosure of information for which--

       ``(aa) the Administrator has provided to the person that 
     asserted the claim a notice under subsection (e)(2)(A); and
       ``(bb) such person does not submit to the Administrator a 
     request under subsection (e)(2)(B) on or before the deadline 
     established in subsection (e)(2)(B)(i).
       ``(D) Appeals.--
       ``(i) Action to restrain disclosure.--If a person receives 
     a notification under this paragraph and believes the 
     information is

[[Page 7045]]

     protected from disclosure under this section, before the date 
     on which the information is to be disclosed pursuant to 
     subparagraph (B) or (C) the person may bring an action to 
     restrain disclosure of the information in--

       ``(I) the United States district court of the district in 
     which the complainant resides or has the principal place of 
     business; or
       ``(II) the United States District Court for the District of 
     Columbia.

       ``(ii) No disclosure.--

       ``(I) In general.--Subject to subsection (d), the 
     Administrator shall not disclose information that is the 
     subject of an appeal under this paragraph before the date on 
     which the applicable court rules on an action under clause 
     (i).
       ``(II) Exception.--Subclause (I) shall not apply to 
     disclosure of information described under subsections (d)(4) 
     and (j).

       ``(3) Request and notification system.--The Administrator, 
     in consultation with the Director of the Centers for Disease 
     Control and Prevention, shall develop a request and 
     notification system that, in a format and language that is 
     readily accessible and understandable, allows for expedient 
     and swift access to information disclosed pursuant to 
     paragraphs (5) and (6) of subsection (d).
       ``(4) Unique identifier.--The Administrator shall--
       ``(A)(i) develop a system to assign a unique identifier to 
     each specific chemical identity for which the Administrator 
     approves a request for protection from disclosure, which 
     shall not be either the specific chemical identity or a 
     structurally descriptive generic term; and
       ``(ii) apply that identifier consistently to all 
     information relevant to the applicable chemical substance;
       ``(B) annually publish and update a list of chemical 
     substances, referred to by their unique identifiers, for 
     which claims to protect the specific chemical identity from 
     disclosure have been approved, including the expiration date 
     for each such claim;
       ``(C) ensure that any nonconfidential information received 
     by the Administrator with respect to a chemical substance 
     included on the list published under subparagraph (B) while 
     the specific chemical identity of the chemical substance is 
     protected from disclosure under this section identifies the 
     chemical substance using the unique identifier; and
       ``(D) for each claim for protection of a specific chemical 
     identity that has been denied by the Administrator or 
     expired, or that has been withdrawn by the person who 
     asserted the claim, and for which the Administrator has used 
     a unique identifier assigned under this paragraph to protect 
     the specific chemical identity in information that the 
     Administrator has made public, clearly link the specific 
     chemical identity to the unique identifier in such 
     information to the extent practicable.
       ``(h) Criminal Penalty for Wrongful Disclosure.--
       ``(1) Individuals subject to penalty.--
       ``(A) In general.--Subject to subparagraph (C) and 
     paragraph (2), an individual described in subparagraph (B) 
     shall be fined under title 18, United States Code, or 
     imprisoned for not more than 1 year, or both.
       ``(B) Description.--An individual referred to in 
     subparagraph (A) is an individual who--
       ``(i) pursuant to this section, obtained possession of, or 
     has access to, information protected from disclosure under 
     this section; and
       ``(ii) knowing that the information is protected from 
     disclosure under this section, willfully discloses the 
     information in any manner to any person not entitled to 
     receive that information.
       ``(C) Exception.--This paragraph shall not apply to any 
     medical professional (including an emergency medical 
     technician or other first responder) who discloses any 
     information obtained under paragraph (5) or (6) of subsection 
     (d) to a patient treated by the medical professional, or to a 
     person authorized to make medical or health care decisions on 
     behalf of such a patient, as needed for the diagnosis or 
     treatment of the patient.
       ``(2) Other laws.--Section 1905 of title 18, United States 
     Code, shall not apply with respect to the publishing, 
     divulging, disclosure, or making known of, or making 
     available, information reported to or otherwise obtained by 
     the Administrator under this Act.
       ``(i) Applicability.--
       ``(1) In general.--Except as otherwise provided in this 
     section, section 8, or any other applicable Federal law, the 
     Administrator shall have no authority--
       ``(A) to require the substantiation or resubstantiation of 
     a claim for the protection from disclosure of information 
     reported to or otherwise obtained by the Administrator under 
     this Act prior to the date of enactment of the Frank R. 
     Lautenberg Chemical Safety for the 21st Century Act; or
       ``(B) to impose substantiation or resubstantiation 
     requirements, with respect to the protection of information 
     described in subsection (a), under this Act that are more 
     extensive than those required under this section.
       ``(2) Actions prior to promulgation of rules.--Nothing in 
     this Act prevents the Administrator from reviewing, requiring 
     substantiation or resubstantiation of, or approving, 
     approving in part, or denying any claim for the protection 
     from disclosure of information before the effective date of 
     such rules applicable to those claims as the Administrator 
     may promulgate after the date of enactment of the Frank R. 
     Lautenberg Chemical Safety for the 21st Century Act.
       ``(j) Access by Congress.--Notwithstanding any limitation 
     contained in this section or any other provision of law, all 
     information reported to or otherwise obtained by the 
     Administrator (or any representative of the Administrator) 
     under this Act shall be made available, upon written request 
     of any duly authorized committee of the Congress, to such 
     committee.''.

     SEC. 12. PENALTIES.

       Section 16 of the Toxic Substances Control Act (15 U.S.C. 
     2615) is amended--
       (1) in subsection (a)(1), by striking ``$25,000'' and 
     inserting ``$37,500''; and
       (2) in subsection (b)--
       (A) by striking ``Any person'' and inserting the following:
       ``(1) In general.--Any person'';
       (B) by striking ``$25,000'' and inserting ``$50,000''; and
       (C) by adding at the end the following:
       ``(2) Imminent danger of death or serious bodily injury.--
       ``(A) In general.--Any person who knowingly and willfully 
     violates any provision of section 15 or 409, and who knows at 
     the time of the violation that the violation places an 
     individual in imminent danger of death or serious bodily 
     injury, shall be subject on conviction to a fine of not more 
     than $250,000, or imprisonment for not more than 15 years, or 
     both.
       ``(B) Organizations.--Notwithstanding the penalties 
     described in subparagraph (A), an organization that commits a 
     knowing violation described in subparagraph (A) shall be 
     subject on conviction to a fine of not more than $1,000,000 
     for each violation.
       ``(C) Incorporation of corresponding provisions.--
     Subparagraphs (B) through (F) of section 113(c)(5) of the 
     Clean Air Act (42 U.S.C. 7413(c)(5)(B)-(F)) shall apply to 
     the prosecution of a violation under this paragraph.''.

     SEC. 13. STATE-FEDERAL RELATIONSHIP.

       Section 18 of the Toxic Substances Control Act (15 U.S.C. 
     2617) is amended--
       (1) by amending subsection (a) to read as follows:
       ``(a) In General.--
       ``(1) Establishment or enforcement.--Except as otherwise 
     provided in subsections (c), (d), (e), (f), and (g), and 
     subject to paragraph (2), no State or political subdivision 
     of a State may establish or continue to enforce any of the 
     following:
       ``(A) Development of information.--A statute or 
     administrative action to require the development of 
     information about a chemical substance or category of 
     chemical substances that is reasonably likely to produce the 
     same information required under section 4, 5, or 6 in--
       ``(i) a rule promulgated by the Administrator;
       ``(ii) a consent agreement entered into by the 
     Administrator; or
       ``(iii) an order issued by the Administrator.
       ``(B) Chemical substances found not to present an 
     unreasonable risk or restricted.--A statute, criminal 
     penalty, or administrative action to prohibit or otherwise 
     restrict the manufacture, processing, or distribution in 
     commerce or use of a chemical substance--
       ``(i) for which the determination described in section 
     6(i)(1) is made, consistent with the scope of the risk 
     evaluation under section (6)(b)(4)(D); or
       ``(ii) for which a final rule is promulgated under section 
     6(a), after the effective date of the rule issued under 
     section 6(a) for the chemical substance, consistent with the 
     scope of the risk evaluation under section (6)(b)(4)(D).
       ``(C) Significant new use.--A statute or administrative 
     action requiring the notification of a use of a chemical 
     substance that the Administrator has specified as a 
     significant new use and for which the Administrator has 
     required notification pursuant to a rule promulgated under 
     section 5.
       ``(2) Effective date of preemption.--Under this subsection, 
     Federal preemption of statutes and administrative actions 
     applicable to specific chemical substances shall not occur 
     until the effective date of the applicable action described 
     in paragraph (1) taken by the Administrator.'';
       (2) by amending subsection (b) to read as follows:
       ``(b) New Statutes, Criminal Penalties, or Administrative 
     Actions Creating Prohibitions or Other Restrictions.--
       ``(1) In general.--Except as provided in subsections (c), 
     (d), (e), (f), and (g), beginning on the date on which the 
     Administrator defines the scope of a risk evaluation for a 
     chemical substance under section 6(b)(4)(D) and ending on the 
     date on which the deadline established pursuant to section 
     6(b)(4)(G) for completion of the risk evaluation expires, or 
     on the date on which the Administrator publishes the risk 
     evaluation under section 6(b)(4)(C), whichever is earlier, no 
     State or

[[Page 7046]]

     political subdivision of a State may establish a statute, 
     criminal penalty, or administrative action prohibiting or 
     otherwise restricting the manufacture, processing, 
     distribution in commerce, or use of such chemical substance 
     that is a high-priority substance designated under section 
     6(b)(1)(B)(i).
       ``(2) Effect of subsection.--This subsection does not 
     restrict the authority of a State or political subdivision of 
     a State to continue to enforce any statute enacted, criminal 
     penalty assessed, or administrative action taken, prior to 
     the date on which the Administrator defines and publishes the 
     scope of a risk evaluation under section 6(b)(4)(D).''; and
       (3) by adding at the end the following:
       ``(c) Scope of Preemption.--Federal preemption under 
     subsections (a) and (b) of statutes, criminal penalties, and 
     administrative actions applicable to specific chemical 
     substances shall apply only to--
       ``(1) with respect to subsection (a)(1)(A), the chemical 
     substances or category of chemical substances subject to a 
     rule, order, or consent agreement under section 4, 5, or 6.
       ``(2) with respect to subsection (b), the hazards, 
     exposures, risks, and uses or conditions of use of such 
     chemical substances included in the scope of the risk 
     evaluation pursuant to section 6(b)(4)(D);
       ``(3) with respect to subsection (a)(1)(B), the hazards, 
     exposures, risks, and uses or conditions of use of such 
     chemical substances included in any final action the 
     Administrator takes pursuant to section 6(a) or 6(i)(1); or
       ``(4) with respect to subsection (a)(1)(C), the uses of 
     such chemical substances that the Administrator has specified 
     as significant new uses and for which the Administrator has 
     required notification pursuant to a rule promulgated under 
     section 5.
       ``(d) Exceptions.--
       ``(1) No preemption of statutes and administrative 
     actions.--
       ``(A) In general.--Nothing in this Act, nor any amendment 
     made by the Frank R. Lautenberg Chemical Safety for the 21st 
     Century Act, nor any rule, standard of performance, risk 
     evaluation, or scientific assessment implemented pursuant to 
     this Act, shall affect the right of a State or a political 
     subdivision of a State to adopt or enforce any rule, standard 
     of performance, risk evaluation, scientific assessment, or 
     any other protection for public health or the environment 
     that--
       ``(i) is adopted or authorized under the authority of any 
     other Federal law or adopted to satisfy or obtain 
     authorization or approval under any other Federal law;
       ``(ii) implements a reporting, monitoring, or other 
     information obligation for the chemical substance not 
     otherwise required by the Administrator under this Act or 
     required under any other Federal law;
       ``(iii) is adopted pursuant to authority under a law of the 
     State or political subdivision of the State related to water 
     quality, air quality, or waste treatment or disposal, except 
     to the extent that the action--

       ``(I) imposes a restriction on the manufacture, processing, 
     distribution in commerce, or use of a chemical substance; and
       ``(II)(aa) addresses the same hazards and exposures, with 
     respect to the same conditions of use as are included in the 
     scope of the risk evaluation published pursuant to section 
     6(b)(4)(D), but is inconsistent with the action of the 
     Administrator; or
       ``(bb) would cause a violation of the applicable action by 
     the Administrator under section 5 or 6; or

       ``(iv) subject to subparagraph (B), is identical to a 
     requirement prescribed by the Administrator.
       ``(B) Identical requirements.--
       ``(i) In general.--The penalties and other sanctions 
     applicable under a law of a State or political subdivision of 
     a State in the event of noncompliance with the identical 
     requirement shall be no more stringent than the penalties and 
     other sanctions available to the Administrator under section 
     16 of this Act.
       ``(ii) Penalties.--In the case of an identical 
     requirement--

       ``(I) a State or political subdivision of a State may not 
     assess a penalty for a specific violation for which the 
     Administrator has assessed an adequate penalty under section 
     16; and
       ``(II) if a State or political subdivision of a State has 
     assessed a penalty for a specific violation, the 
     Administrator may not assess a penalty for that violation in 
     an amount that would cause the total of the penalties 
     assessed for the violation by the State or political 
     subdivision of a State and the Administrator combined to 
     exceed the maximum amount that may be assessed for that 
     violation by the Administrator under section 16.

       ``(2) Applicability to certain rules or orders.--
       ``(A) Prior rules and orders.--Nothing in this section 
     shall be construed as modifying the preemptive effect under 
     this section, as in effect on the day before the effective 
     date of the Frank R. Lautenberg Chemical Safety for the 21st 
     Century Act, of any rule or order promulgated or issued under 
     this Act prior to that effective date.
       ``(B) Certain chemical substances and mixtures.--With 
     respect to a chemical substance or mixture for which any rule 
     or order was promulgated or issued under section 6 prior to 
     the effective date of the Frank R. Lautenberg Chemical Safety 
     for the 21st Century Act with respect to manufacturing, 
     processing, distribution in commerce, use, or disposal of the 
     chemical substance or mixture, nothing in this section shall 
     be construed as modifying the preemptive effect of this 
     section as in effect prior to the enactment of the Frank R. 
     Lautenberg Chemical Safety for the 21st Century Act of any 
     rule or order that is promulgated or issued with respect to 
     such chemical substance or mixture under section 6 after that 
     effective date, unless the latter rule or order is with 
     respect to a chemical substance or mixture containing a 
     chemical substance and follows a designation of that chemical 
     substance as a high-priority substance under section 
     6(b)(1)(B)(i), the identification of that chemical substance 
     under section 6(b)(2)(A), or the selection of that chemical 
     substance for risk evaluation under section 
     6(b)(4)(E)(iv)(II).
       ``(e) Preservation of Certain Laws.--
       ``(1) In general.--Nothing in this Act, subject to 
     subsection (g) of this section, shall--
       ``(A) be construed to preempt or otherwise affect the 
     authority of a State or political subdivision of a State to 
     continue to enforce any action taken or requirement imposed 
     or requirement enacted relating to a specific chemical 
     substance before April 22, 2016, under the authority of a law 
     of the State or political subdivision of the State that 
     prohibits or otherwise restricts manufacturing, processing, 
     distribution in commerce, use, or disposal of a chemical 
     substance; or
       ``(B) be construed to preempt or otherwise affect any 
     action taken pursuant to a State law that was in effect on 
     August 31, 2003.
       ``(2) Effect of subsection.--This subsection does not 
     affect, modify, or alter the relationship between Federal law 
     and laws of a State or political subdivision of a State 
     pursuant to any other Federal law.
       ``(f) Waivers.--
       ``(1) Discretionary exemptions.--Upon application of a 
     State or political subdivision of a State, the Administrator 
     may, by rule, exempt from subsection (a), under such 
     conditions as may be prescribed in the rule, a statute, 
     criminal penalty, or administrative action of that State or 
     political subdivision of the State that relates to the 
     effects of exposure to a chemical substance under the 
     conditions of use if the Administrator determines that--
       ``(A) compelling conditions warrant granting the waiver to 
     protect health or the environment;
       ``(B) compliance with the proposed requirement of the State 
     or political subdivision of the State would not unduly burden 
     interstate commerce in the manufacture, processing, 
     distribution in commerce, or use of a chemical substance;
       ``(C) compliance with the proposed requirement of the State 
     or political subdivision of the State would not cause a 
     violation of any applicable Federal law, rule, or order; and
       ``(D) in the judgment of the Administrator, the proposed 
     requirement of the State or political subdivision of the 
     State is designed to address a risk of a chemical substance, 
     under the conditions of use, that was identified--
       ``(i) consistent with the best available science;
       ``(ii) using supporting studies conducted in accordance 
     with sound and objective scientific practices; and
       ``(iii) based on the weight of the scientific evidence.
       ``(2) Required exemptions.--Upon application of a State or 
     political subdivision of a State, the Administrator shall 
     exempt from subsection (b) a statute or administrative action 
     of a State or political subdivision of a State that relates 
     to the effects of exposure to a chemical substance under the 
     conditions of use if the Administrator determines that--
       ``(A)(i) compliance with the proposed requirement of the 
     State or political subdivision of the State would not unduly 
     burden interstate commerce in the manufacture, processing, 
     distribution in commerce, or use of a chemical substance;
       ``(ii) compliance with the proposed requirement of the 
     State or political subdivision of the State would not cause a 
     violation of any applicable Federal law, rule, or order; and
       ``(iii) the State or political subdivision of the State has 
     a concern about the chemical substance or use of the chemical 
     substance based in peer-reviewed science; or
       ``(B) no later than the date that is 18 months after the 
     date on which the Administrator has initiated the 
     prioritization process for a chemical substance under the 
     rule promulgated pursuant to section 6(b)(1)(A), or the date 
     on which the Administrator publishes the scope of the risk 
     evaluation for a chemical substance under section 6(b)(4)(D), 
     whichever is sooner, the State or political subdivision of 
     the State has enacted a statute or proposed or finalized an 
     administrative action intended to prohibit or otherwise 
     restrict the manufacture, processing, distribution in 
     commerce, or use of the chemical substance.
       ``(3) Determination of a waiver request.--The duty of the 
     Administrator to grant or deny a waiver application shall be 
     nondelegable and shall be exercised--
       ``(A) not later than 180 days after the date on which an 
     application under paragraph (1) is submitted; and

[[Page 7047]]

       ``(B) not later than 110 days after the date on which an 
     application under paragraph (2) is submitted.
       ``(4) Failure to make a determination.--If the 
     Administrator fails to make a determination under paragraph 
     (3)(B) during the 110-day period beginning on the date on 
     which an application under paragraph (2) is submitted, the 
     statute or administrative action of the State or political 
     subdivision of the State that was the subject of the 
     application shall not be considered to be an existing statute 
     or administrative action for purposes of subsection (b) by 
     reason of the failure of the Administrator to make a 
     determination.
       ``(5) Notice and comment.--Except in the case of an 
     application approved under paragraph (9), the application of 
     a State or political subdivision of a State under this 
     subsection shall be subject to public notice and comment.
       ``(6) Final agency action.--The decision of the 
     Administrator on the application of a State or political 
     subdivision of a State shall be--
       ``(A) considered to be a final agency action; and
       ``(B) subject to judicial review.
       ``(7) Duration of waivers.--A waiver granted under 
     paragraph (2) or approved under paragraph (9) shall remain in 
     effect until such time as the Administrator publishes the 
     risk evaluation under section 6(b).
       ``(8) Judicial review of waivers.--Not later than 60 days 
     after the date on which the Administrator makes a 
     determination on an application of a State or political 
     subdivision of a State under paragraph (1) or (2), any person 
     may file a petition for judicial review in the United States 
     Court of Appeals for the District of Columbia Circuit, which 
     shall have exclusive jurisdiction over the determination.
       ``(9) Approval.--
       ``(A) Automatic approval.--If the Administrator fails to 
     meet the deadline established under paragraph (3)(B), the 
     application of a State or political subdivision of a State 
     under paragraph (2) shall be automatically approved, 
     effective on the date that is 10 days after the deadline.
       ``(B) Requirements.--Notwithstanding paragraph (6), 
     approval of a waiver application under subparagraph (A) for 
     failure to meet the deadline under paragraph (3)(B) shall not 
     be considered final agency action or be subject to judicial 
     review or public notice and comment.
       ``(g) Savings.--
       ``(1) No preemption of common law or statutory causes of 
     action for civil relief or criminal conduct.--
       ``(A) In general.--Nothing in this Act, nor any amendment 
     made by the Frank R. Lautenberg Chemical Safety for the 21st 
     Century Act, nor any standard, rule, requirement, standard of 
     performance, risk evaluation, or scientific assessment 
     implemented pursuant to this Act, shall be construed to 
     preempt, displace, or supplant any State or Federal common 
     law rights or any State or Federal statute creating a remedy 
     for civil relief, including those for civil damage, or a 
     penalty for a criminal conduct.
       ``(B) Clarification of no preemption.--Notwithstanding any 
     other provision of this Act, nothing in this Act, nor any 
     amendments made by the Frank R. Lautenberg Chemical Safety 
     for the 21st Century Act, shall preempt or preclude any cause 
     of action for personal injury, wrongful death, property 
     damage, or other injury based on negligence, strict 
     liability, products liability, failure to warn, or any other 
     legal theory of liability under any State law, maritime law, 
     or Federal common law or statutory theory.
       ``(2) No effect on private remedies.--
       ``(A) In general.--Nothing in this Act, nor any amendments 
     made by the Frank R. Lautenberg Chemical Safety for the 21st 
     Century Act, nor any rules, regulations, requirements, risk 
     evaluations, scientific assessments, or orders issued 
     pursuant to this Act shall be interpreted as, in either the 
     plaintiff's or defendant's favor, dispositive in any civil 
     action.
       ``(B) Authority of courts.--This Act does not affect the 
     authority of any court to make a determination in an 
     adjudicatory proceeding under applicable State or Federal law 
     with respect to the admission into evidence or any other use 
     of this Act or rules, regulations, requirements, standards of 
     performance, risk evaluations, scientific assessments, or 
     orders issued pursuant to this Act.''.

     SEC. 14. JUDICIAL REVIEW.

       Section 19(a) of the Toxic Substances Control Act (15 
     U.S.C. 2618(a)) is amended--
       (1) in paragraph (1), by adding at the end the following:
       ``(C)(i) Not later than 60 days after the publication of a 
     designation under section 6(b)(1)(B)(ii), any person may 
     commence a civil action to challenge the designation.
       ``(ii) The United States Court of Appeals for the District 
     of Columbia Circuit shall have exclusive jurisdiction over a 
     civil action filed under this subparagraph.''; and
       (2) by striking paragraph (3).

     SEC. 15. CITIZENS' CIVIL ACTIONS.

       Section 20(b) of the Toxic Substances Control Act (15 
     U.S.C. 2619(b)) is amended--
       (1) in paragraph (1)(B), by striking ``or'' at the end; and
       (2) in paragraph (2), by striking the period at the end and 
     inserting the following: ``, except that no prior 
     notification shall be required in the case of a civil action 
     brought to compel a decision by the Administrator pursuant to 
     section 18(f)(3)(B); or
       ``(3) in the case of a civil action brought to compel a 
     decision by the Administrator pursuant to section 
     18(f)(3)(B), after the date that is 60 days after the 
     deadline specified in section 18(f)(3)(B).''.

     SEC. 16. STUDIES.

       Section 25 of the Toxic Substances Control Act (15 U.S.C. 
     2624) is repealed.

     SEC. 17. ADMINISTRATION OF THE ACT.

       Section 26 of the Toxic Substances Control Act (15 U.S.C. 
     2625) is amended--
       (1) in subsection (b)(1)--
       (A) by striking ``of a reasonable fee'';
       (B) by striking ``data under section 4 or 5 to defray the 
     cost of administering this Act'' and inserting ``information 
     under section 4 or a notice or other information to be 
     reviewed by the Administrator under section 5, or who 
     manufactures or processes a chemical substance that is the 
     subject of a risk evaluation under section 6(b), of a fee 
     that is sufficient and not more than reasonably necessary to 
     defray the cost related to such chemical substance of 
     administering sections 4, 5, and 6, and collecting, 
     processing, reviewing, and providing access to and protecting 
     from disclosure as appropriate under section 14 information 
     on chemical substances under this title, including contractor 
     costs incurred by the Administrator'';
       (C) by striking ``Such rules shall not provide for any fee 
     in excess of $2,500 or, in the case of a small business 
     concern, any fee in excess of $100.''; and
       (D) by striking ``submit the data and the cost to the 
     Administrator of reviewing such data'' and inserting ``pay 
     such fee and the cost to the Administrator of carrying out 
     the activities described in this paragraph'';
       (2) in subsection (b)--
       (A) in paragraph (2), by striking ``paragraph (1)'' and 
     inserting ``paragraph (4)''; and
       (B) by adding at the end the following:
       ``(3) Fund.--
       ``(A) Establishment.--There is established in the Treasury 
     of the United States a fund, to be known as the TSCA Service 
     Fee Fund (in this paragraph referred to as the `Fund'), 
     consisting of such amounts as are deposited in the Fund under 
     this paragraph.
       ``(B) Collection and deposit of fees.--Subject to the 
     conditions of subparagraph (C), the Administrator shall 
     collect the fees described in this subsection and deposit 
     those fees in the Fund.
       ``(C) Use of funds by administrator.--Fees authorized under 
     this section shall be collected and available for obligation 
     only to the extent and in the amount provided in advance in 
     appropriations Acts, and shall be available without fiscal 
     year limitation for use in defraying the costs of the 
     activities described in paragraph (1).
       ``(D) Accounting and auditing.--
       ``(i) Accounting.--The Administrator shall biennially 
     prepare and submit to the Committee on Environment and Public 
     Works of the Senate and the Committee on Energy and Commerce 
     of the House of Representatives a report that includes an 
     accounting of the fees paid to the Administrator under this 
     paragraph and amounts disbursed from the Fund for the period 
     covered by the report, as reflected by financial statements 
     provided in accordance with sections 3515 and 3521 of title 
     31, United States Code.
       ``(ii) Auditing.--
       ``(I) In general.--For the purpose of section 3515(c) of 
     title 31, United States Code, the Fund shall be considered a 
     component of a covered executive agency.
       ``(II) Components of audit.--The annual audit required in 
     accordance with sections 3515 and 3521 of title 31, United 
     States Code, of the financial statements of activities 
     carried out using amounts from the Fund shall include an 
     analysis of--

       ``(aa) the fees collected and amounts disbursed under this 
     subsection;
       ``(bb) the reasonableness of the fees in place as of the 
     date of the audit to meet current and projected costs of 
     administering the provisions of this title for which the fees 
     may be used; and
       ``(cc) the number of requests for a risk evaluation made by 
     manufacturers under section 6(b)(4)(C)(ii).

       ``(III) Federal responsibility.--The Inspector General of 
     the Environmental Protection Agency shall conduct the annual 
     audit described in subclause (II) and submit to the 
     Administrator a report that describes the findings and any 
     recommendations of the Inspector General resulting from the 
     audit.
       ``(4) Amount and Adjustment of Fees; Refunds.--In setting 
     fees under this section, the Administrator shall--
       ``(A) prescribe lower fees for small business concerns, 
     after consultation with the Administrator of the Small 
     Business Administration;
       ``(B) set the fees established under paragraph (1) at 
     levels such that the fees will, in aggregate, provide a 
     sustainable source of funds to annually defray--
       ``(i) the lower of--
       ``(I) 25 percent of the costs to the Administrator of 
     carrying out sections 4, 5, and 6, and of collecting, 
     processing, reviewing, and

[[Page 7048]]

     providing access to and protecting from disclosure as 
     appropriate under section 14 information on chemical 
     substances under this title, other than the costs to conduct 
     and complete risk evaluations under section 6(b); or
       ``(II) $25,000,000 (subject to adjustment pursuant to 
     subparagraph (F)); and
       ``(ii) the costs of risk evaluations specified in 
     subparagraph (D);
       ``(C) reflect an appropriate balance in the assessment of 
     fees between manufacturers and processors, and allow the 
     payment of fees by consortia of manufacturers or processors;
       ``(D) notwithstanding subparagraph (B)--
       ``(i) except as provided in clause (ii), for chemical 
     substances for which the Administrator has granted a request 
     from a manufacturer pursuant to section 6(b)(4)(C)(ii), 
     establish the fee at a level sufficient to defray the full 
     costs to the Administrator of conducting the risk evaluation 
     under section 6(b);
       ``(ii) for chemical substances for which the Administrator 
     has granted a request from a manufacturer pursuant to section 
     6(b)(4)(C)(ii), and which are included in the 2014 update of 
     the TSCA Work Plan for Chemical Assessments, establish the 
     fee at a level sufficient to defray 50 percent of the costs 
     to the Administrator of conducting the risk evaluation under 
     section 6(b); and
       ``(iii) apply fees collected pursuant to clauses (i) and 
     (ii) only to defray the costs described in those clauses;
       ``(E) prior to the establishment or amendment of any fees 
     under paragraph (1), consult and meet with parties 
     potentially subject to the fees or their representatives, 
     subject to the condition that no obligation under the Federal 
     Advisory Committee Act (5 U.S.C. App.) or subchapter II of 
     chapter 5 of title 5, United States Code, is applicable with 
     respect to such meetings;
       ``(F) beginning with the fiscal year that is 3 years after 
     the date of enactment of the Frank R. Lautenberg Chemical 
     Safety for the 21st Century Act, and every 3 years 
     thereafter, after consultation with parties potentially 
     subject to the fees and their representatives pursuant to 
     subparagraph (E), increase or decrease the fees established 
     under paragraph (1) as necessary to adjust for inflation and 
     to ensure that funds deposited in the Fund are sufficient to 
     defray--
       ``(i) approximately but not more than 25 percent of the 
     costs to the Administrator of carrying out sections 4, 5, and 
     6, and of collecting, processing, reviewing, and providing 
     access to and protecting from disclosure as appropriate under 
     section 14 information on chemical substances under this 
     title, other than the costs to conduct and complete risk 
     evaluations requested under section 6(b)(4)(C)(ii); and
       ``(ii) the costs of risk evaluations specified in 
     subparagraph (D); and
       ``(G) if a notice submitted under section 5 is not reviewed 
     or such a notice is withdrawn, refund the fee or a portion of 
     the fee if no substantial work was performed on the notice.
       ``(5) Minimum Amount of Appropriations.--Fees may not be 
     assessed for a fiscal year under this section unless the 
     amount of appropriations for the Chemical Risk Review and 
     Reduction program project of the Environmental Protection 
     Agency for the fiscal year (excluding the amount of any fees 
     appropriated for the fiscal year) are equal to or greater 
     than the amount of appropriations for that program project 
     for fiscal year 2014.
       ``(6) Termination.--The authority provided by this 
     subsection shall terminate at the conclusion of the fiscal 
     year that is 10 years after the date of enactment of the 
     Frank R. Lautenberg Chemical Safety for the 21st Century Act 
     unless otherwise reauthorized or modified by Congress.''; and
       (3) by adding at the end the following:
       ``(h) Scientific Standards.--In carrying out sections 4, 5, 
     and 6, to the extent that the Administrator makes a decision 
     based on science, the Administrator shall use scientific 
     information, technical procedures, measures, methods, 
     protocols, methodologies, or models, employed in a manner 
     consistent with the best available science, and shall 
     consider as applicable--
       ``(1) the extent to which the scientific information, 
     technical procedures, measures, methods, protocols, 
     methodologies, or models employed to generate the information 
     are reasonable for and consistent with the intended use of 
     the information;
       ``(2) the extent to which the information is relevant for 
     the Administrator's use in making a decision about a chemical 
     substance or mixture;
       ``(3) the degree of clarity and completeness with which the 
     data, assumptions, methods, quality assurance, and analyses 
     employed to generate the information are documented;
       ``(4) the extent to which the variability and uncertainty 
     in the information, or in the procedures, measures, methods, 
     protocols, methodologies, or models, are evaluated and 
     characterized; and
       ``(5) the extent of independent verification or peer review 
     of the information or of the procedures, measures, methods, 
     protocols, methodologies, or models.
       ``(i) Weight of Scientific Evidence.--The Administrator 
     shall make decisions under sections 4, 5, and 6 based on the 
     weight of the scientific evidence.
       ``(j) Availability of Information.--Subject to section 14, 
     the Administrator shall make available to the public--
       ``(1) all notices, determinations, findings, rules, consent 
     agreements, and orders of the Administrator under this title;
       ``(2) any information required to be provided to the 
     Administrator under section 4;
       ``(3) a nontechnical summary of each risk evaluation 
     conducted under section 6(b);
       ``(4) a list of the studies considered by the Administrator 
     in carrying out each such risk evaluation, along with the 
     results of those studies; and
       ``(5) each designation of a chemical substance under 
     section 6(b), along with an identification of the 
     information, analysis, and basis used to make the 
     designations.
       ``(k) Reasonably Available Information.--In carrying out 
     sections 4, 5, and 6, the Administrator shall take into 
     consideration information relating to a chemical substance or 
     mixture, including hazard and exposure information, under the 
     conditions of use, that is reasonably available to the 
     Administrator.
       ``(l) Policies, Procedures, and Guidance.--
       ``(1) Development.--Not later than 2 years after the date 
     of enactment of the Frank R. Lautenberg Chemical Safety for 
     the 21st Century Act, the Administrator shall develop any 
     policies, procedures, and guidance the Administrator 
     determines are necessary to carry out the amendments to this 
     Act made by the Frank R. Lautenberg Chemical Safety for the 
     21st Century Act.
       ``(2) Review.--Not later than 5 years after the date of 
     enactment of the Frank R. Lautenberg Chemical Safety for the 
     21st Century Act, and not less frequently than once every 5 
     years thereafter, the Administrator shall--
       ``(A) review the adequacy of the policies, procedures, and 
     guidance developed under paragraph (1), including with 
     respect to animal, nonanimal, and epidemiological test 
     methods and procedures for assessing and determining risk 
     under this title; and
       ``(B) revise such policies, procedures, and guidance as the 
     Administrator determines necessary to reflect new scientific 
     developments or understandings.
       ``(3) Testing of chemical substances and mixtures.--The 
     policies, procedures, and guidance developed under paragraph 
     (1) applicable to testing chemical substances and mixtures 
     shall--
       ``(A) address how and when the exposure level or exposure 
     potential of a chemical substance or mixture would factor 
     into decisions to require new testing, subject to the 
     condition that the Administrator shall not interpret the lack 
     of exposure information as a lack of exposure or exposure 
     potential; and
       ``(B) describe the manner in which the Administrator will 
     determine that additional information is necessary to carry 
     out this title, including information relating to potentially 
     exposed or susceptible populations.
       ``(4) Chemical substances with completed risk 
     assessments.--With respect to a chemical substance listed in 
     the 2014 update to the TSCA Work Plan for Chemical 
     Assessments for which the Administrator has published a 
     completed risk assessment prior to the date of enactment of 
     the Frank R. Lautenberg Chemical Safety for the 21st Century 
     Act, the Administrator may publish proposed and final rules 
     under section 6(a) that are consistent with the scope of the 
     completed risk assessment for the chemical substance and 
     consistent with other applicable requirements of section 6.
       ``(5) Guidance.--Not later than 1 year after the date of 
     enactment of the Frank R. Lautenberg Chemical Safety for the 
     21st Century Act, the Administrator shall develop guidance to 
     assist interested persons in developing and submitting draft 
     risk evaluations which shall be considered by the 
     Administrator. The guidance shall, at a minimum, address the 
     quality of the information submitted and the process to be 
     followed in developing draft risk evaluations for 
     consideration by the Administrator.
       ``(m) Report to Congress.--
       ``(1) Initial report.--Not later than 6 months after the 
     date of enactment of the Frank R. Lautenberg Chemical Safety 
     for the 21st Century Act, the Administrator shall submit to 
     the Committees on Energy and Commerce and Appropriations of 
     the House of Representatives and the Committees on 
     Environment and Public Works and Appropriations of the Senate 
     a report containing an estimation of--
       ``(A) the capacity of the Environmental Protection Agency 
     to conduct and publish risk evaluations under section 
     6(b)(4)(C)(i), and the resources necessary to conduct the 
     minimum number of risk evaluations required under section 
     6(b)(2);
       ``(B) the capacity of the Environmental Protection Agency 
     to conduct and publish risk evaluations under section 
     6(b)(4)(C)(ii), the likely demand for such risk evaluations, 
     and the anticipated schedule for accommodating that demand;
       ``(C) the capacity of the Environmental Protection Agency 
     to promulgate rules under section 6(a) as required based on 
     risk evaluations conducted and published under section 6(b); 
     and
       ``(D) the actual and anticipated efforts of the 
     Environmental Protection Agency to increase the Agency's 
     capacity to conduct and publish risk evaluations under 
     section 6(b).

[[Page 7049]]

       ``(2) Subsequent reports.--The Administrator shall update 
     and resubmit the report described in paragraph (1) not less 
     frequently than once every 5 years.
       ``(n) Annual Plan.--
       ``(1) In general.--The Administrator shall inform the 
     public regarding the schedule and the resources necessary for 
     the completion of each risk evaluation as soon as practicable 
     after initiating the risk evaluation.
       ``(2) Publication of plan.--At the beginning of each 
     calendar year, the Administrator shall publish an annual plan 
     that--
       ``(A) identifies the chemical substances for which risk 
     evaluations are expected to be initiated or completed that 
     year and the resources necessary for their completion;
       ``(B) describes the status of each risk evaluation that has 
     been initiated but not yet completed; and
       ``(C) if the schedule for completion of a risk evaluation 
     has changed, includes an updated schedule for that risk 
     evaluation.
       ``(o) Consultation With Science Advisory Committee on 
     Chemicals.--
       ``(1) Establishment.--Not later than 1 year after the date 
     of enactment of the Frank R. Lautenberg Chemical Safety for 
     the 21st Century Act, the Administrator shall establish an 
     advisory committee, to be known as the Science Advisory 
     Committee on Chemicals (referred to in this subsection as the 
     `Committee').
       ``(2) Purpose.--The purpose of the Committee shall be to 
     provide independent advice and expert consultation, at the 
     request of the Administrator, with respect to the scientific 
     and technical aspects of issues relating to the 
     implementation of this title.
       ``(3) Composition.--The Committee shall be composed of 
     representatives of such science, government, labor, public 
     health, public interest, animal protection, industry, and 
     other groups as the Administrator determines to be advisable, 
     including representatives that have specific scientific 
     expertise in the relationship of chemical exposures to women, 
     children, and other potentially exposed or susceptible 
     subpopulations.
       ``(4) Schedule.--The Administrator shall convene the 
     Committee in accordance with such schedule as the 
     Administrator determines to be appropriate, but not less 
     frequently than once every 2 years.
       ``(p) Prior Actions.--
       ``(1) Rules, orders, and exemptions.--Nothing in the Frank 
     R. Lautenberg Chemical Safety for the 21st Century Act 
     eliminates, modifies, or withdraws any rule promulgated, 
     order issued, or exemption established pursuant to this Act 
     before the date of enactment of the Frank R. Lautenberg 
     Chemical Safety for the 21st Century Act.
       ``(2) Prior-initiated evaluations.--Nothing in this Act 
     prevents the Administrator from initiating a risk evaluation 
     regarding a chemical substance, or from continuing or 
     completing such risk evaluation, prior to the effective date 
     of the policies, procedures, and guidance required to be 
     developed by the Administrator pursuant to the amendments 
     made by the Frank R. Lautenberg Chemical Safety for the 21st 
     Century Act.
       ``(3) Actions completed prior to completion of policies, 
     procedures, and guidance.--Nothing in this Act requires the 
     Administrator to revise or withdraw a completed risk 
     evaluation, determination, or rule under this Act solely 
     because the action was completed prior to the development of 
     a policy, procedure, or guidance pursuant to the amendments 
     made by the Frank R. Lautenberg Chemical Safety for the 21st 
     Century Act.''.

     SEC. 18. STATE PROGRAMS.

       Section 28 of the Toxic Substances Control Act (15 U.S.C. 
     2627) is amended by striking subsections (c) and (d).

     SEC. 19. CONFORMING AMENDMENTS.

       (a) Table of Contents.--The table of contents in section 1 
     of the Toxic Substances Control Act is amended--
       (1) by striking the item relating to section 6 and 
     inserting the following:

``Sec. 6. Prioritization, risk evaluation, and regulation of chemical 
              substances and mixtures.'';
       (2) by striking the item relating to section 10 and 
     inserting the following:

``Sec. 10. Research, development, collection, dissemination, and 
              utilization of information.'';
       (3) by striking the item relating to section 14 and 
     inserting the following:

``Sec. 14. Confidential information.''; and
       (4) by striking the item relating to section 25.
       (b) Section 2.--Section 2(b)(1) of the Toxic Substances 
     Control Act (15 U.S.C. 2601(b)(1)) is amended by striking 
     ``data'' both places it appears and inserting 
     ``information''.
       (c) Section 3.--Section 3 of the Toxic Substances Control 
     Act (15 U.S.C. 2602) is amended--
       (1) in paragraph (8) (as redesignated by section 3 of this 
     Act), by striking ``data'' and inserting ``information''; and
       (2) in paragraph (15) (as redesignated by section 3 of this 
     Act)--
       (A) by striking ``standards'' and inserting ``protocols and 
     methodologies'';
       (B) by striking ``test data'' both places it appears and 
     inserting ``information''; and
       (C) by striking ``data'' each place it appears and 
     inserting ``information''.
       (d) Section 4.--Section 4 of the Toxic Substances Control 
     Act (15 U.S.C. 2603) is amended--
       (1) in subsection (b)--
       (A) in paragraph (1)--
       (i) in the paragraph heading, by adding ``, order, or 
     consent agreement'' at the end; and
       (ii) by striking ``rule'' each place it appears and 
     inserting ``rule, order, or consent agreement'';
       (B) in paragraph (2)(B), by striking ``rules'' and 
     inserting ``rules, orders, and consent agreements'';
       (C) in paragraph (3)(A), by striking ``rule'' and inserting 
     ``rule or order''; and
       (D) in paragraph (4)--
       (i) by striking ``rule under subsection (a)'' each place it 
     appears and inserting ``rule, order, or consent agreement 
     under subsection (a)'';
       (ii) by striking ``repeals the rule'' each place it appears 
     and inserting ``repeals the rule or order or modifies the 
     consent agreement to terminate the requirement''; and
       (iii) by striking ``repeals the application of the rule'' 
     and inserting ``repeals or modifies the application of the 
     rule, order, or consent agreement'';
       (2) in subsection (c)--
       (A) in paragraph (1), by striking ``rule'' and inserting 
     ``rule or order'';
       (B) in paragraph (2)--
       (i) in subparagraph (A), by striking ``a rule under 
     subsection (a) or for which data is being developed pursuant 
     to such a rule'' and inserting ``a rule, order, or consent 
     agreement under subsection (a) or for which information is 
     being developed pursuant to such a rule, order, or consent 
     agreement'';
       (ii) in subparagraph (B), by striking ``such rule or which 
     is being developed pursuant to such rule'' and inserting 
     ``such rule, order, or consent agreement or which is being 
     developed pursuant to such rule, order, or consent 
     agreement''; and
       (iii) in the matter following subparagraph (B), by striking 
     ``the rule'' and inserting ``the rule or order'';
       (C) in paragraph (3)(B)(i), by striking ``rule 
     promulgated'' and inserting ``rule, order, or consent 
     agreement''; and
       (D) in paragraph (4)--
       (i) by striking ``rule promulgated'' each place it appears 
     and inserting ``rule, order, or consent agreement'';
       (ii) by striking ``such rule'' each place it appears and 
     inserting ``such rule, order, or consent agreement''; and
       (iii) in subparagraph (B), by striking ``the rule'' and 
     inserting ``the rule or order'';
       (3) in subsection (d), by striking ``rule'' and inserting 
     ``rule, order, or consent agreement''; and
       (4) in subsection (g), by striking ``rule'' and inserting 
     ``rule, order, or consent agreement''.
       (e) Section 5.--Section 5 of the Toxic Substances Control 
     Act (15 U.S.C. 2604) is amended--
       (1) in subsection (b)--
       (A) in paragraph (1)(A)--
       (i) by striking ``rule promulgated'' and inserting ``rule, 
     order, or consent agreement''; and
       (ii) by striking ``such rule'' and inserting ``such rule, 
     order, or consent agreement'';
       (B) in paragraph (1)(B), by striking ``rule promulgated'' 
     and inserting ``rule or order''; and
       (C) in paragraph (2)(A)(ii), by striking ``rule 
     promulgated'' and inserting ``rule, order, or consent 
     agreement''; and
       (2) in subsection (d)(2)(C), by striking ``rule'' and 
     inserting ``rule, order, or consent agreement''.
       (f) Section 7.--Section 7(a) of the Toxic Substances 
     Control Act (15 U.S.C. 2606(a)) is amended--
       (1) in paragraph (1), in the matter following subparagraph 
     (C), by striking ``a rule under section 4, 5, 6, or title IV 
     or an order under section 5 or title IV'' and inserting ``a 
     determination under section 5 or 6, a rule under section 4, 
     5, or 6 or title IV, an order under section 4, 5, or 6 or 
     title IV, or a consent agreement under section 4''; and
       (2) in paragraph (2), by striking ``subsection 
     6(d)(2)(A)(i)'' and inserting ``section 6(d)(3)(A)(i)''.
       (g) Section 8.--Section 8(a) of the Toxic Substances 
     Control Act (15 U.S.C. 2607(a)) is amended--
       (1) in paragraph (2)(E), by striking ``data'' and inserting 
     ``information''; and
       (2) in paragraph (3)(A)(ii)(I), by striking ``or an order 
     in effect under section 5(e)'' and inserting ``, an order in 
     effect under section 4 or 5(e), or a consent agreement under 
     section 4''.
       (h) Section 9.--Section 9 of the Toxic Substances Control 
     Act (15 U.S.C. 2608) is amended--
       (1) in subsection (a), by striking ``section 6'' each place 
     it appears and inserting ``section 6(a)''; and
       (2) in subsection (d), by striking ``Health, Education, and 
     Welfare'' and inserting ``Health and Human Services''.
       (i) Section 10.--Section 10 of the Toxic Substances Control 
     Act (15 U.S.C. 2609) is amended--
       (1) in the section heading, by striking ``data'' and 
     inserting ``information'';
       (2) by striking ``Health, Education, and Welfare'' each 
     place it appears and inserting ``Health and Human Services'';

[[Page 7050]]

       (3) in subsection (b)--
       (A) in the subsection heading, by striking ``Data'' and 
     inserting ``Information'';
       (B) by striking ``data'' and inserting ``information'' in 
     paragraph (1);
       (C) by striking ``data'' and inserting ``information'' in 
     paragraph (2)(A); and
       (D) by striking ``a data'' and inserting ``an information'' 
     in paragraph (2)(B); and
       (4) in subsection (g), by striking ``data'' and inserting 
     ``information''.
       (j) Section 11.--Section 11(b)(2) of the Toxic Substances 
     Control Act (15 U.S.C. 2610(b)(2)) is amended--
       (1) by striking ``data'' each place it appears and 
     inserting ``information''; and
       (2) in subparagraph (E), by striking ``rule promulgated'' 
     and inserting ``rule promulgated, order issued, or consent 
     agreement entered into''.
       (k) Section 12.--Section 12(b)(1) of the Toxic Substances 
     Control Act (15 U.S.C. 2611(b)(1)) is amended by striking 
     ``data'' both places it appears and inserting 
     ``information''.
       (l) Section 15.--Section 15(1) of the Toxic Substances 
     Control Act (15 U.S.C. 2614(1)) is amended by striking ``(A) 
     any rule'' and all that follows through ``or (D)'' and 
     inserting ``any requirement of this title or any rule 
     promulgated, order issued, or consent agreement entered into 
     under this title, or''.
       (m) Section 19.--Section 19 of the Toxic Substances Control 
     Act (15 U.S.C. 2618) is amended--
       (1) in subsection (a)--
       (A) in paragraph (1)(A)--
       (i) by striking ``Not later than 60 days after the date of 
     the promulgation of a rule under section 4(a), 5(a)(2), 
     5(b)(4), 6(a), 6(e), or 8, or under title II or IV'' and 
     inserting ``Except as otherwise provided in this title, not 
     later than 60 days after the date on which a rule is 
     promulgated under this title, title II, or title IV, or the 
     date on which an order is issued under section 4, 5(e), 5(f), 
     or 6(i)(1),'';
       (ii) by striking ``such rule'' and inserting ``such rule or 
     order''; and
       (iii) by striking ``such a rule'' and inserting ``such a 
     rule or order'';
       (B) in paragraph (1)(B)--
       (i) by striking ``Courts'' and inserting ``Except as 
     otherwise provided in this title, courts''; and
       (ii) by striking ``subparagraph (A) or (B) of section 
     6(b)(1)'' and inserting ``this title, other than an order 
     under section 4, 5(e), 5(f), or 6(i)(1),''; and
       (C) in paragraph (2)--
       (i) by striking ``rulemaking record'' and inserting 
     ``record''; and
       (ii) by striking ``based the rule'' and inserting ``based 
     the rule or order'';
       (2) in subsection (b)--
       (A) by striking ``review a rule'' and inserting ``review a 
     rule, or an order under section 4, 5(e), 5(f), or 6(i)(1),'';
       (B) by striking ``such rule'' and inserting ``such rule or 
     order'';
       (C) by striking ``the rule'' and inserting ``the rule or 
     order'';
       (D) by striking ``new rule'' each place it appears and 
     inserting ``new rule or order''; and
       (E) by striking ``modified rule'' and inserting ``modified 
     rule or order''; and
       (3) in subsection (c)--
       (A) in paragraph (1)--
       (i) in subparagraph (A)--

       (I) by striking ``a rule'' and inserting ``a rule or 
     order''; and
       (II) by striking ``such rule'' and inserting ``such rule or 
     order'';

       (ii) in subparagraph (B)--

       (I) in the matter preceding clause (i), by striking ``a 
     rule'' and inserting ``a rule or order'';
       (II) by amending clause (i) to read as follows:

       ``(i) in the case of review of--
       ``(I) a rule under section 4(a), 5(b)(4), 6(a) (including 
     review of the associated determination under section 
     6(b)(4)(A)), or 6(e), the standard for review prescribed by 
     paragraph (2)(E) of such section 706 shall not apply and the 
     court shall hold unlawful and set aside such rule if the 
     court finds that the rule is not supported by substantial 
     evidence in the rulemaking record taken as a whole; and
       ``(II) an order under section 4, 5(e), 5(f), or 6(i)(1), 
     the standard for review prescribed by paragraph (2)(E) of 
     such section 706 shall not apply and the court shall hold 
     unlawful and set aside such order if the court finds that the 
     order is not supported by substantial evidence in the record 
     taken as a whole; and''; and

       (III) by striking clauses (ii) and (iii) and the matter 
     after clause (iii) and inserting the following:

       ``(ii) the court may not review the contents and adequacy 
     of any statement of basis and purpose required by section 
     553(c) of title 5, United States Code, to be incorporated in 
     the rule or order, except as part of the record, taken as a 
     whole.''; and
       (iii) by striking subparagraph (C); and
       (B) in paragraph (2), by striking ``any rule'' and 
     inserting ``any rule or order''.
       (n) Section 20.--Section 20(a)(1) of the Toxic Substances 
     Control Act (15 U.S.C. 2619(a)(1)) is amended by striking 
     ``order issued under section 5'' and inserting ``order issued 
     under section 4 or 5''.
       (o) Section 21.--Section 21 of the Toxic Substances Control 
     Act (15 U.S.C. 2620) is amended--
       (1) in subsection (a), by striking ``order under section 
     5(e) or (6)(b)(2)'' and inserting ``order under section 4 or 
     5(e) or (f)''; and
       (2) in subsection (b)--
       (A) in paragraph (1), by striking ``order under section 
     5(e), 6(b)(1)(A), or 6(b)(1)(B)'' and inserting ``order under 
     section 4 or 5(e) or (f)''; and
       (B) in paragraph (4)(B)--
       (i) in the matter preceding clause (i), by striking ``order 
     under section 5(e) or 6(b)(2)'' and inserting ``order under 
     section 4 or 5(e) or (f)'';
       (ii) in clause (i), by striking ``order under section 
     5(e)'' and inserting ``order under section 4 or 5(e)''; and
       (iii) in clause (ii), by striking ``section 6 or 8 or an 
     order under section 6(b)(2), there is a reasonable basis to 
     conclude that the issuance of such a rule or order is 
     necessary to protect health or the environment against an 
     unreasonable risk of injury to health or the environment'' 
     and inserting ``section 6(a) or 8 or an order under section 
     5(f), the chemical substance or mixture to be subject to such 
     rule or order presents an unreasonable risk of injury to 
     health or the environment, without consideration of costs or 
     other nonrisk factors, including an unreasonable risk to a 
     potentially exposed or susceptible subpopulation, under the 
     conditions of use''.
       (p) Section 24.--Section 24(b)(2)(B) of the Toxic 
     Substances Control Act (15 U.S.C. 2623(b)(2)(B)) is amended--
       (1) by inserting ``and'' at the end of clause (i);
       (2) by striking clause (ii); and
       (3) by redesignating clause (iii) as clause (ii).
       (q) Section 26.--Section 26 of the Toxic Substances Control 
     Act (15 U.S.C. 2625) is amended--
       (1) in subsection (e), by striking ``Health, Education, and 
     Welfare'' each place it appears and inserting ``Health and 
     Human Services''; and
       (2) in subsection (g)(1), by striking ``data'' and 
     inserting ``information''.
       (r) Section 27.--Section 27(a) of the Toxic Substances 
     Control Act (15 U.S.C. 2626(a)) is amended--
       (1) by striking ``Health, Education, and Welfare'' and 
     inserting ``Health and Human Services'';
       (2) by striking ``test data'' both places it appears and 
     inserting ``information'';
       (3) by striking ``rules promulgated'' and inserting 
     ``rules, orders, or consent agreements''; and
       (4) by striking ``standards'' and inserting ``protocols and 
     methodologies''.
       (s) Section 30.--Section 30(2) of the Toxic Substances 
     Control Act (15 U.S.C. 2629(2)) is amended by striking 
     ``rule'' and inserting ``rule, order, or consent agreement''.

     SEC. 20. NO RETROACTIVITY.

       Nothing in sections 1 through 19, or the amendments made by 
     sections 1 through 19, shall be interpreted to apply 
     retroactively to any State, Federal, or maritime legal action 
     filed before the date of enactment of this Act.

     SEC. 21. TREVOR'S LAW.

       (a) Purposes.--The purposes of this section are--
       (1) to provide the appropriate Federal agencies with the 
     authority to help conduct investigations into potential 
     cancer clusters;
       (2) to ensure that Federal agencies have the authority to 
     undertake actions to help address cancer clusters and factors 
     that may contribute to the creation of potential cancer 
     clusters; and
       (3) to enable Federal agencies to coordinate with other 
     Federal, State, and local agencies, institutes of higher 
     education, and the public in investigating and addressing 
     cancer clusters.
       (b) Designation and Investigation of Potential Cancer 
     Clusters.--Part P of title III of the Public Health Service 
     Act (42 U.S.C. 280g et seq.) is amended by adding at the end 
     the following:

     ``SEC. 399V-6. DESIGNATION AND INVESTIGATION OF POTENTIAL 
                   CANCER CLUSTERS.

       ``(a) Definitions.--In this section:
       ``(1) Cancer cluster.--The term `cancer cluster' means the 
     incidence of a particular cancer within a population group, a 
     geographical area, and a period of time that is greater than 
     expected for such group, area, and period.
       ``(2) Particular cancer.--The term `particular cancer' 
     means one specific type of cancer or a type of cancers 
     scientifically proven to have the same cause.
       ``(3) Population group.--The term `population group' means 
     a group, for purposes of calculating cancer rates, defined by 
     factors such as race, ethnicity, age, or gender.
       ``(b) Criteria for Designation of Potential Cancer 
     Clusters.--
       ``(1) Development of criteria.--The Secretary shall develop 
     criteria for the designation of potential cancer clusters.
       ``(2) Requirements.--The criteria developed under paragraph 
     (1) shall consider, as appropriate--
       ``(A) a standard for cancer cluster identification and 
     reporting protocols used to determine when cancer incidence 
     is greater than would be typically observed;

[[Page 7051]]

       ``(B) scientific screening standards that ensure that a 
     cluster of a particular cancer involves the same type of 
     cancer, or types of cancers;
       ``(C) the population in which the cluster of a particular 
     cancer occurs by factors such as race, ethnicity, age, and 
     gender, for purposes of calculating cancer rates;
       ``(D) the boundaries of a geographic area in which a 
     cluster of a particular cancer occurs so as not to create or 
     obscure a potential cluster by selection of a specific area; 
     and
       ``(E) the time period over which the number of cases of a 
     particular cancer, or the calculation of an expected number 
     of cases, occurs.
       ``(c) Guidelines for Investigation of Potential Cancer 
     Clusters.--The Secretary, in consultation with the Council of 
     State and Territorial Epidemiologists and representatives of 
     State and local health departments, shall develop, publish, 
     and periodically update guidelines for investigating 
     potential cancer clusters. The guidelines shall--
       ``(1) recommend that investigations of cancer clusters--
       ``(A) use the criteria developed under subsection (b);
       ``(B) use the best available science; and
       ``(C) rely on a weight of the scientific evidence;
       ``(2) provide standardized methods of reviewing and 
     categorizing data, including from health surveillance systems 
     and reports of potential cancer clusters; and
       ``(3) provide guidance for using appropriate 
     epidemiological and other approaches for investigations.
       ``(d) Investigation of Cancer Clusters.--
       ``(1) Secretary discretion.--The Secretary--
       ``(A) in consultation with representatives of the relevant 
     State and local health departments, shall consider whether it 
     is appropriate to conduct an investigation of a potential 
     cancer cluster; and
       ``(B) in conducting investigations shall have the 
     discretion to prioritize certain potential cancer clusters, 
     based on the availability of resources.
       ``(2) Coordination.--In investigating potential cancer 
     clusters, the Secretary shall coordinate with agencies within 
     the Department of Health and Human Services and other Federal 
     agencies, such as the Environmental Protection Agency.
       ``(3) Biomonitoring.--In investigating potential cancer 
     clusters, the Secretary shall rely on all appropriate 
     biomonitoring information collected under other Federal 
     programs, such as the National Health and Nutrition 
     Examination Survey. The Secretary may provide technical 
     assistance for relevant biomonitoring studies of other 
     Federal agencies.
       ``(e) Duties.--The Secretary shall--
       ``(1) ensure that appropriate staff of agencies within the 
     Department of Health and Human Services are prepared to 
     provide timely assistance, to the extent practicable, upon 
     receiving a request to investigate a potential cancer cluster 
     from a State or local health authority;
       ``(2) maintain staff expertise in epidemiology, toxicology, 
     data analysis, environmental health and cancer surveillance, 
     exposure assessment, pediatric health, pollution control, 
     community outreach, health education, laboratory sampling and 
     analysis, spatial mapping, and informatics;
       ``(3) consult with community members as investigations into 
     potential cancer clusters are conducted, as the Secretary 
     determines appropriate;
       ``(4) collect, store, and disseminate reports on 
     investigations of potential cancer clusters, the possible 
     causes of such clusters, and the actions taken to address 
     such clusters; and
       ``(5) provide technical assistance for investigating cancer 
     clusters to State and local health departments through 
     existing programs, such as the Epi-Aids program of the 
     Centers for Disease Control and Prevention and the 
     Assessments of Chemical Exposures Program of the Agency for 
     Toxic Substances and Disease Registry.''.

                TITLE II--RURAL HEALTHCARE CONNECTIVITY

     SEC. 201. SHORT TITLE.

       This title may be cited as the ``Rural Healthcare 
     Connectivity Act of 2016''.

     SEC. 202. TELECOMMUNICATIONS SERVICES FOR SKILLED NURSING 
                   FACILITIES.

       (a) In General.--Section 254(h)(7)(B) of the Communications 
     Act of 1934 (47 U.S.C. 254(h)(7)(B)) is amended--
       (1) in clause (vi), by striking ``and'' at the end;
       (2) by redesignating clause (vii) as clause (viii);
       (3) by inserting after clause (vi) the following:
       ``(vii) skilled nursing facilities (as defined in section 
     1819(a) of the Social Security Act (42 U.S.C. 1395i-3(a))); 
     and''; and
       (4) in clause (viii), as redesignated, by striking 
     ``clauses (i) through (vi)'' and inserting ``clauses (i) 
     through (vii)''.
       (b) Savings Clause.--Nothing in subsection (a) shall be 
     construed to affect the aggregate annual cap on Federal 
     universal service support for health care providers under 
     section 54.675 of title 47, Code of Federal Regulations, or 
     any successor regulation.
       (c) Effective Date.--The amendments made by subsection (a) 
     shall apply beginning on the date that is 180 days after the 
     date of the enactment of this Act.

  The SPEAKER pro tempore. The motion shall be debatable for 1 hour 
equally divided and controlled by the chair and ranking minority member 
of the Committee on Energy and Commerce.
  The gentleman from Illinois (Mr. Shimkus) and the gentleman from New 
Jersey (Mr. Pallone) each will control 30 minutes.
  The Chair recognizes the gentleman from Illinois.


                             General Leave

  Mr. SHIMKUS. Mr. Speaker, I ask unanimous consent that all Members 
may have 5 legislative days in which to revise and extend their remarks 
and insert extraneous material on H.R. 2576.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Illinois?
  There was no objection.
  Mr. SHIMKUS. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, I rise today in support of H.R. 2576, the Frank R. 
Lautenberg Chemical Safety for the 21st Century Act, a bipartisan, 
bicameral bill to update the way our Nation assesses and manages the 
risks posed by chemicals and the products that contain them.
  This is sweeping legislation, Mr. Speaker, with monumental benefits 
for virtually every man, woman, and child in the United States. The 
culmination of a multiyear, multi-Congress effort, this legislation on 
the floor today will mark the first consequential update of the Toxic 
Substances Control Act, or TSCA, in 40 years.
  Mr. Speaker, I talked at a graduation event over the weekend, and I 
said this in the Rules Committee last night. In 1976, I was graduating 
high school. That was the year we wore plaid bell-bottoms, silk shirts, 
platform shoes, and I had an Afro. It was not a pretty sight.
  Much like the bill, the Toxic Substances Control Act, well 
intentioned, was not a pretty sight.
  When TSCA was enacted in 1976, it was not meant to examine all 
chemical manufacturing and uses, but, rather, to create a backstop of 
protection when potential dangers were otherwise not being addressed.
  In the nearly four decades since then, concerns have mounted over the 
pace of the EPA's evaluation of chemicals, the ability of the Agency to 
meaningfully use its existing authority, and whether the law permits 
certain regulatory actions.
  In short, Mr. Speaker, there is a widespread acknowledgment and 
understandable concern that nobody is well served by the current law.
  This absence of workable Federal standards has also fostered a 
patchwork of State regulations. While well intentioned, these State 
actions have ultimately led to public confusion and a marketplace that 
has become increasingly uneven, unpredictable, and incompatible with 
economic and regulatory realities.
  To stem the tide of uncertainty and protect Americans in every State, 
almost 1 year ago this Chamber passed legislation to bring TSCA into 
the 21st century by an overwhelming 398-1 vote and 6 months later our 
friends in the other body moved their own package of bipartisan TSCA 
reforms.
  While both efforts were broadly supported, the House and Senate bills 
were quite different in size and scope. These differences left many 
issues that needed to be resolved, requiring many hours of complex 
discussions and difficult decisions to get us where we are today.
  The end result of that work is a vast improvement over current law 
and a careful compromise that is good for consumers, good for jobs, and 
good for the environment.
  So what does the Frank R. Lautenberg Chemical Safety for the 21st 
Century Act actually do?
  The bill gives the EPA more direct tools to obtain testing 
information on chemical substances, an improvement over the lengthy 
process they now face.
  It restructures the way existing chemicals are evaluated and 
regulated, allowing a purely scientific evaluation to guide those 
decisions.

[[Page 7052]]

  It clarifies the treatment of trade secrets submitted to the EPA and 
ensures that the Agency uses only high-quality science in their 
decisionmaking.
  It updates the collection of fees needed to support the EPA's 
implementation of TSCA.
  Finally, it organizes the Federal-State regulatory relationship in a 
way that promotes interstate and global commerce while recognizing the 
efforts already taken by several States.
  I look forward to this afternoon's debate. I urge my colleagues to 
support this landmark legislation.
  Mr. Speaker, I reserve the balance of my time.
  Mr. PALLONE. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, I rise in support of this legislation named after the 
late Senator Frank R. Lautenberg from New Jersey, a great friend of 
mine and a longtime environmental champion.
  The Toxic Substance Control Act, or TSCA, has not been updated since 
it was adopted 40 years ago. For decades we have known that the law is 
broken. So this legislation is long past due, and I hope that it will 
soon become law.
  Had the law worked effectively from the beginning, we might never 
have had BPA in baby bottles or toxic flame retardants in children's 
pajamas and in our living room couches. Workers may have also been 
protected from exposure to asbestos decades ago.
  Let me stress that last point. In 1989, after more than 10 years of 
study and analysis, the EPA banned asbestos under TSCA, but the ban was 
overturned by the courts because of serious flaws in the statute and 
serious limitations on the EPA's authority.
  That court decision came down 25 years ago. Imagine the lives that 
could have been saved and the injuries that could have been prevented 
if that ban had stood.
  Now, reforming this law is about preventing injuries and saving 
lives. It is about protecting vulnerable populations: infants, 
children, workers, the elderly, and communities that are 
disproportionately exposed to toxic chemicals.
  It is about getting dangerous chemicals like lead, mercury, and 
asbestos out of our consumer products, out of commerce, and out of the 
environment.
  Mr. Speaker, the bill before us today is a step forward in reaching 
this important goal. Let me briefly describe some of the improvements.
  This bill would make it easier for the EPA to require testing of 
chemicals by allowing them to act through orders instead of 
rulemakings.
  It will also make it easier for the EPA to regulate chemicals by 
removing procedural hurdles in current law and providing more resources 
through user fees.
  It will ensure that new chemicals are reviewed and regulated, if 
necessary, before they go on the market, and it will improve 
transparency by requiring manufacturers to substantiate their claims 
that information should be protected as confidential business 
information.
  These are all major improvements over current law, but this is a 
compromise bill. It is not the bill that Democrats would have written 
if we were in the majority. I understand that some of my colleagues 
will oppose this legislation today, and I certainly respect their 
position.
  On the substantive side, the bill could make it harder for the EPA 
and citizens to use some of the tools that have proven effective under 
current law, including significant new use rules and citizen petitions. 
I would have preferred to leave those tools intact, but, hopefully, the 
new tools we are giving the Agency will more than make up for those 
changes.
  We also work to reduce the role of animal testing in ensuring that 
chemicals in commerce are safe. While there has long been broad 
agreement that animal tests should be a last resort, I had concerns, as 
did others, that past versions of this bill would keep necessary 
science out of the EPA's hands.
  I am pleased that the language has been improved and now states 
explicitly that scientific studies should not be kept from the EPA once 
they are done. If the studies are done, animals are not helped by 
keeping the data from the EPA.
  Now, on the issue of preemption, which is so important to so many of 
my colleagues, including myself, the bill creates a significant new 
type of preemption which many call pause preemption.
  Under the bill, States will be barred from acting when the EPA starts 
evaluating a chemical instead of when Federal regulations are in place. 
This is unprecedented and has raised significant concerns from many 
Members, myself included.
  In recent weeks, House Democrats have secured several important 
changes to reduce the impact of pause preemption. Some were included in 
the Rules Committee print that was filed on Friday, and some were 
included in the manager's amendment that was filed yesterday.
  I just want to briefly describe these changes.
  First, we have made changes to ensure that States would have lead 
time and notice before EPA begins to study a chemical so that they can 
propose or finalize restrictions before the pause begins. Those changes 
particularly benefit States that act through regulation as opposed to 
legislation.
  Second, we worked to exclude from the pause the first group of 
chemicals that the EPA will review. Since the EPA must begin those 
reviews in the next 6 months, States will not have lead time to finish 
their work on those chemicals. This change helps States that are 
currently working on restrictions for chemicals that are likely to be 
top EPA priorities.
  Third, we were able to exclude top-priority chemicals from the pause 
if the manufacturer of the chemical requests EPA review. This change is 
complicated, but important. Without this change, manufacturers would be 
able to abuse the system and seek EPA review as a way to cut off a 
pending State action.
  Finally, Mr. Speaker, we clarified the scope of preemption in order 
to make clear that States are only preempted from regulating the uses 
that the EPA has studied or regulated.
  In total, these changes are enough to allow me to support the bill.
  So, Mr. Speaker, I want to thank three of my colleagues who worked 
tirelessly over the last week to get these changes included in this 
final bill.
  First is our Environment and the Economy Subcommittee ranking member, 
Paul Tonko. I also want to thank Leader Pelosi and our whip, Mr. Hoyer. 
All three of them played an integral part in strengthening the package 
before us today.
  I am happy to support this bill to move forward with more protection 
for public health, for the environment, for vulnerable populations, and 
for vulnerable communities.
  While this is a compromise bill, it is a long overdue step forward in 
protecting families and communities from toxic chemicals.
  Mr. Speaker, I reserve the balance of my time.
  Mr. SHIMKUS. Mr. Speaker, I yield 3 minutes to the gentleman from 
Michigan (Mr. Upton), the chairman of the full committee.
  Mr. UPTON. Mr. Speaker, today really does mark a milestone, a 
milestone for our majority, a milestone for this Congress, and a 
milestone for the American people, as we make great strides to update 
our Nation's chemical safety laws.
  Folks said it could not be done, especially with Republicans in 
Congress and a Democratic President. This was a multiyear effort that 
dates back to at least the last Congress. But we took the time, and we 
did the hard work.
  We put in countless hours of discussions and negotiations virtually 
every weekend, and it paid off. This legislation will have monumental 
impacts for commerce, the environment, and public health.
  In 1976, under the leadership of Michigan's great President Jerry 
Ford, TSCA was a novel approach to regulating interstate commercial 
activity to address unreasonable risks presented by a chemical.
  It was not meant to examine every piece of chemical manufacturing and

[[Page 7053]]

use, but, rather, to provide a backstop of protection when suspicions 
about dangerous chemicals were not being addressed.
  In the nearly 40 years since TSCA's enactment, there have been 
persistent concerns about the pace of the EPA's work on chemicals, the 
ability of the Agency to meaningfully use its existing authority, and 
whether the statute prevents certain regulatory efforts.
  Over the last 3 years, the House Energy and Commerce Committee has 
conducted nine hearings, all on the aspects of TSCA. We learned that 
there is public confusion about chemical-specific safety claims. We 
learned that people think that the EPA should clear up that confusion 
and be more diligent on risky chemicals.
  Finally, we learned that companies and workers were disadvantaged in 
a domestic and global marketplace where conflicting regulatory 
standards, indeed, hamper trade.
  Within the last decade, a variety of factors, including the EPA's 
slow pace in regulating chemicals already on the market, have led to 
several new State chemical control statutes.
  Some States have passed laws ranging from specific chemical 
restrictions to general chemical labeling requirements, like Prop 65 in 
California. Meanwhile, some retailers have called out for an objective 
scientific assessment of chemicals in consumer products.
  Almost a year ago our committee unanimously reported this bill and 
the House passed it 398-1. In December, the Senate approved a package 
of TSCA reforms. The Senate's bill was quite different from the House, 
but the compromise agreement--this one--includes many of the Senate 
policy details.

                              {time}  1500

  The resolution before us gives EPA more direct tools in obtaining 
testing information on chemical substances, specifying key points in 
the evaluation and regulatory process where EPA may order testing. In 
addition, the compromise text reduces animal testing required under 
TSCA. It restructures the way existing chemicals are evaluated and 
regulated. The bill clarifies the treatment of trade secrets submitted 
to EPA.
  The SPEAKER pro tempore (Mr. Ribble). The time of the gentleman has 
expired.
  Mr. SHIMKUS. Mr. Speaker, I yield the gentleman an additional 2 
minutes.
  Mr. UPTON. The resolution specifies that EPA must protect trade 
secrets submitted to it for a renewable period of 10 years. The 
resolution also creates a new system to claim, substantiate and 
resubstantiate, review, and adjudicate requests for protection of trade 
secrets.
  Finally, it organizes the Federal-State regulatory relationship in a 
way that makes sense for promoting interstate and global commerce, but 
also recognizes the efforts taken by a number of States. The amendment 
makes accommodations for some existing State requirements and tort 
actions as well.
  Today, we have a landmark, bipartisan, bicameral agreement that makes 
substantial changes to the existing law. This resolution is supported 
by a broad coalition of stakeholders, ranging from environmental and 
public health groups to large and small industrial organizations. It is 
worthy of every Member's support.
  Before I close, I want to say a word of thanks to my colleagues on 
the other side of the aisle, Frank Pallone and Paul Tonko. I know the 
last couple of weeks have not exactly been a picnic--a few ants, et 
cetera--but they know that this is a better bill because of their 
involvement. But the real impetus behind this whole project has been 
John Shimkus. What a guy. Without his leadership, we simply never would 
have reached this point.
  Also, I want to thank the dedicated and hardworking staff who 
tirelessly worked to get us where we are today: Dave McCarthy, Jerry 
Couri, Tina Richards, and Chris Sarley. I thank them all. At times it 
may not have been a labor of love, but we have got a finished product 
that will indeed make a difference.
  This bill is good for jobs. It is good for consumers. It is good for 
the environment. It is the most meaningful and impactful update to 
issues involving the environment and the economy that we have made in 
many decades, and soon it will be law. The President will sign it, and 
he will be grateful for all of our hard work, dedication, and 
legislative achievement that every one of us can be proud of.
  Mr. PALLONE. Mr. Speaker, I yield 6 minutes to the gentleman from New 
York (Mr. Tonko), the ranking member of the subcommittee.
  Mr. TONKO. Mr. Speaker, I thank the gentleman from New Jersey, our 
ranking member, for yielding.
  It is with regret that I must stand here today in opposition to this 
bill to reform the Toxic Substances Control Act. We have negotiated in 
good faith for many months to try to reach an agreement to fix EPA's 
chemical program. While there are some positive aspects of this bill, 
ultimately, I believe it falls short.
  Before I go into detail about my concerns, I want to express my 
appreciation for the work that has been done by both the majority and 
minority colleagues on the Energy and Commerce Committee. I want to 
commend the staffs, in particular those with whom I worked most closely 
from the minority side.
  As we just heard from Chairman Upton, the Senate passed a version in 
December of last year, after we had voted nearly unanimously to support 
our version of the bill. There are improvements over the bill passed by 
the Senate in December with this measure.
  I want to be clear that, in some ways, this bill will improve current 
law: EPA gains new authorities and resources; the regulatory bar to 
testing is lowered, allowing EPA to acquire more information about 
chemicals; the least burdensome standard that essentially has prevented 
EPA from regulating chemicals even when there was overwhelming evidence 
of harm has been removed; one of our Caucus' top priorities, expediting 
the review of persistent, bioaccumulative, and toxic substances, or 
PBTs, was largely retained; and the bill requires the EPA to consider 
the most vulnerable populations.
  But for every positive step to protect public health and the 
environment, there are numerous steps back that undermine those goals. 
For example, this bill weakens one of the few parts of TSCA as it 
stands today that actually works, Significant New Use Rules, or SNURs.
  EPA can require companies to provide notice of new uses of a chemical 
before a company can manufacture or import it. A chemical that might be 
suitable for industrial uses should not necessarily be in consumer 
products. This bill would make it more difficult to require 
notification and, therefore, to track chemicals being used in new ways 
or in imported products.
  Also, there is language on a negotiated rulemaking to limit reporting 
requirements for inorganic byproducts, a concept that was not in either 
the House or Senate bills but seems to have been stuck into this 
version somehow.
  The section on nomenclature represents an improvement over the Senate 
bill, but I still have concerns. This is just one of a number of 
seemingly benign provisions that are included to create loopholes that 
undermine the public health and environmental protection goals of TSCA.
  The bill retains the Senate's resource-intensive prioritization 
process that largely duplicates the work EPA has done already to 
identify chemicals of concern and place them on the work plan.
  Finally, there has been a lot of talk about the preemption section. 
Currently, States are able to restrict a chemical unless EPA decides to 
impose its own restrictions. Preemption has not often been an issue 
because EPA has rarely acted, but States today--today--have a number of 
options when it does happen. They can coenforce restrictions, apply for 
a waiver, or ban the chemical. Under this bill, States lose those 
rights to ban a chemical, and a waiver would be more difficult to 
obtain than under current law.

[[Page 7054]]

  Without a working Federal program, it has fallen upon States to lead 
the fight to get the most harmful chemicals out of commerce, and they 
have proven to be successful. They have been the champions, the driving 
force.
  I understand there are Members from States that have not acted to 
regulate chemicals. Please do not think this provision does not apply 
to you as well. When States are able to act aggressively, as they have, 
they can move industry and they can move EPA to act, which benefits our 
entire Nation.
  Unfortunately, this bill includes provisions that would severely 
inhibit States' ability to act. In January, 14 State attorneys general 
expressed their concerns with the preemption section. Those concerns 
were reiterated as recently as last week by some seven State 
environmental commissioners. Their concerns largely revolved around 
what has become known as pause preemption. During the pause period when 
EPA is evaluating a chemical, up to 3.5 years, States are prohibited 
from acting.
  Last year's House-passed version did not--did not--include the pause. 
While we accepted that States would be preempted when EPA makes a final 
determination about a chemical's risks, it would be unprecedented to 
prevent a State from acting before then.
  Overall, and very problematically, the Senate's State preemption 
framework is largely unchanged. We know a deal was struck in the Senate 
a few weeks ago, but I believe it is more accurate to call it a deal on 
prioritization, not preemption, because EPA would have to spend more 
time going through the unnecessary prioritization process. During this 
new window of time, States could rush to try to act before the pause 
kicks in.
  We have heard from a number of States that act by legislative action 
rather than regulations. They have told us that 12 to 18 months is 
simply not sufficient. The reality is, in most cases, States will not 
have enough opportunity to protect their citizens from harmful 
chemicals during the years it can take for EPA to do its own 
evaluation.
  Let us call the pause exactly what it is: unnecessary and precedent 
setting. It may be decades before we see the health benefits of this 
bill, but I fear it is only a matter of time before more and more bills 
come to the floor that prevent State regulation before a final Federal 
agency action. I can't help but ask: Will we rue the day that we gave a 
nod of approval to the pause preemption concept?
  It is a terrible policy, and we should not encourage it. It opens the 
door to unwelcome and dangerous precedent.
  The core tension of my evaluation of this bill is to balance between 
new Federal authorities and new restrictions on States. On balance, I 
do not believe that the modest improvements to the Federal program--not 
to mention the carve-outs for certain industries, many of which are 
unnecessarily broad--are sufficiently positive to warrant these new 
restrictions.
  You have heard during this debate that our system is broken and that 
the improvements, of which there are some, are better than nothing, 
which is what we have now for existing chemicals. But better than 
nothing is a very low bar. I think we can and should do better. The 
public deserves better.
  I have no doubt that people on both sides of this debate genuinely 
want to ensure people are protected from dangerous and toxic chemicals. 
I do not begrudge my colleagues who choose to support it. However, the 
Record must reflect that this bill is not without its flaws or its 
controversies.
  We must have a strong, national chemical program to protect American 
families and workers. But the States can and should be strong partners 
in this effort. This bill severely constrains the States' role in this 
effort. Ultimately, I am not convinced that the program that will be 
put into place by this bill justifies the unprecedented limitations of 
States' authorities.
  Mr. Speaker, I urge my colleagues to oppose the bill.
  Mr. SHIMKUS. Mr. Speaker, I yield 2 minutes to the gentlewoman from 
Tennessee (Mrs. Blackburn), the vice chair of the full committee.
  Mrs. BLACKBURN. Mr. Speaker, I do rise in support of the amendments 
to H.R. 2576, and I congratulate Chairman Shimkus on the wonderful job 
he has done.
  Mr. Speaker, I yield to the gentleman from Illinois (Mr. Shimkus) for 
the purpose of a brief colloquy to clarify one important element of the 
legislation.
  Mr. Chairman, it is my understanding that this bill reemphasizes 
Congress' intent to avoid duplicative regulation through the TSCA law. 
It does so by carrying over two important EPA constraints in section 9 
of the existing law while adding a new, important provision that would 
be found as new section, 9(b)(2).
  It is my understanding that, as a unified whole, this language, old 
and new, limits the EPA's ability to promulgate a rule under section 6 
of TSCA to restrict or eliminate the use of a chemical when the Agency 
either already regulates that chemical through a different statute 
under its own control and that authority sufficiently protects against 
a risk of injury to human health or the environment, or a different 
agency already regulates that chemical in a manner that also 
sufficiently protects against the risk identified by EPA.
  Would the chairman please confirm my understanding of section 9?
  Mr. SHIMKUS. Will the gentlewoman yield?
  Mrs. BLACKBURN. I yield to the gentleman from Illinois.
  Mr. SHIMKUS. The gentlewoman is correct in her understanding.
  Mrs. BLACKBURN. I thank the chairman. The changes you have worked 
hard to preserve in this negotiated bill are important. As the EPA's 
early-stage efforts to regulate methylene chloride and TCE under TSCA 
statute section 6 illustrate, they are also timely.
  EPA simply has to account for why a new regulation for methylene 
chloride and TCE under TSCA is necessary since its own existing 
regulatory framework already appropriately addresses risk to human 
health. New section 9(b)(2) will force the Agency to do just that.
  I thank the chairman for his good work.
  Mr. PALLONE. Mr. Speaker, I yield 2 minutes to the gentleman from 
Vermont (Mr. Welch).
  Mr. WELCH. Mr. Speaker, I thank the gentleman for yielding.
  Number one, the starting point for analysis of this law is the 
current law. The current law is a mess. It is the Wild West out there 
when it comes to regulating chemicals. There are 85,000 chemicals that 
are on the market that have never been tested, and bad things are going 
to happen. This law changes that. The EPA is now going to have 
authority to regulate and review these substances as to their health 
and safety.
  Number two, it requires a safety finding before a new product goes on 
the market.
  Number three, it replaces the cost-benefit analysis for a health-only 
analysis. When it comes to health and safety, that is absolutely 
essential. It is not about the cost. The cost in human terms and to 
communities when you have let something go by for accounting reasons, 
as opposed to looking vigilantly at health and safety, is not the way 
to go. It is a very good change.
  Next, it protects vulnerable populations: children, pregnant women, 
and especially workers who are in plants where these products are used.
  Finally, it makes the companies come clean with what information they 
have that allows regulators to come to a conclusion. That is very 
important.
  The preemption issue is a concern. In Vermont, we have had a very 
active Republican and Democratic Governor, a very active Agency of 
Natural Resources secretary, and very, very active and aggressive 
attorneys general. They are concerned about this. But there is, in this 
legislation, flexibility so that Vermont is going to continue to have 
the ability to act to protect its citizens, and I am confident they 
will.
  If the EPA is going to put a product on a list that they are going to 
start reviewing, we are going to get a heads-up in Vermont, as every 
State is, of about 9 months. I have confidence in

[[Page 7055]]

the Vermont General Assembly, in the Vermont Governor, in the Vermont 
attorney general, and in the Vermont secretary of the Agency of Natural 
Resources to do what is required to protect the public health and the 
public safety.
  So no law is perfect, but in this institution, we have had a hard 
time passing laws that we all know need to get done. I thank all the 
people who have been involved.

                              {time}  1515

  Mr. SHIMKUS. Mr. Speaker, I yield 2 minutes to the gentleman from 
North Carolina (Mr. Pittenger).
  Mr. PITTENGER. Mr. Speaker, I thank the chairman for this very 
sensible legislation. I appreciate his efforts in leading a bipartisan 
effort to reform U.S. chemical safety law that is decades in the 
making.
  I particularly thank him for securing amendments to section 9 of the 
TSCA law that remain in the negotiated text. These amendments 
reemphasize and strengthen Congress' intent that TSCA serve as an 
authority of last resort for the regulation of a chemical when another 
authority under EPA's jurisdiction, or another Federal agency, already 
regulates the chemical and the risk identified by EPA.
  As a unified whole, TSCA now makes clear that EPA may not promulgate 
a rule under section 6 of TSCA to restrict or eliminate the use of a 
chemical when:
  Number one, the agency either already regulates that chemical through 
a different statute under its own control, like the Clean Air Act, and 
that authority sufficiently protects against a risk of injury to human 
health or the environment; or
  Number two, a different agency already regulates that chemical in a 
manner that also sufficiently protects against the risk already 
identified by EPA.
  Mr. Speaker, in light of yet another regulatory overreach in the 
rulemaking at EPA, the new amendments to section 9 of TSCA are a 
welcome reform with the intent that it will help restrain the agency's 
unnecessary activities. These are commonsense, but important, 
protections given what EPA is likely to pursue.
  Mr. PALLONE. Mr. Speaker, I yield 2 minutes to the gentleman from 
Texas (Mr. Gene Green), ranking member of the Subcommittee on Health.
  Mr. GENE GREEN of Texas. Mr. Speaker, I rise in support of the 
amendment to H.R. 2576, the TSCA Modernization Act. That is an 
abbreviation for the Toxic Substances Control Act.
  This bipartisan, bicameral legislation will reform our broken 
chemical safety law for the first time since 1976, and directly 
addresses TSCA's fundamental flaws. This legislation is a win-win for 
our district in East Houston and Harris County, Texas, home to one of 
the largest collection of chemical facilities in the country. The 
reforms contained in this proposal will enhance protections for the 
workers in our chemical plants, the fence-line communities next to 
these facilities, and will benefit chemical manufacturers who will have 
certainty in a true, nationwide market.
  Congress has worked on reforming TSCA for over a decade, and I 
personally have been working on fixing the statute since 2008. Though 
not perfect, the proposal before the House today is, in the words of 
the Obama administration, ``a clear improvement over current TSCA and 
represents a historic advancement for both chemical safety and 
environmental law.''
  Let me quote also from the United Steelworkers:
  ``Overall, the amendments to H.R. 2576, the `TSCA Modernization Act,' 
do not result in a bill we would have written. However, there are 
significant improvements over current law, including a fix of the 1991 
`asbestos decision' that crippled the Environmental Protection Agency's 
(EPA's) ability to act. Now EPA must use a health-only standard to 
evaluate chemicals and reserve cost-benefit analysis for determining 
restrictions of harmful chemicals. Additionally, the bill includes 
increased EPA authority to review chemicals, a fee structure to fund 
the program, and protection of vulnerable populations, including 
workers.''
  Again, that is from the United Steelworkers.
  The most notable improvements in the bill are replacing current 
TSCA's burdensome safety standard with a pure, health-based standard; 
explicitly requiring the protection of vulnerable populations, like 
children, pregnant women, and workers at the plants; requiring a safety 
finding before new chemicals are allowed to go to market; and giving 
EPA new authority to order testing and ensure chemicals are safe, with 
a focus on the most risky chemicals.
  The SPEAKER pro tempore. The time of the gentleman has expired.
  Mr. PALLONE. Mr. Speaker, I yield the gentleman an additional 30 
seconds.
  Mr. GENE GREEN of Texas. This legislation responds to the concerns of 
industry to provide regulatory certainty for job creators throughout 
our economy and has the support of the Environmental Defense Fund, the 
Humane Society, the March of Dimes, and the National Wildlife 
Federation, along with the machinists union and the building trades.
  I urge my colleagues on both sides of the aisle to join me in 
supporting this amendment, and help pass the first major environmental 
legislation in a quarter century.
  Mr. SHIMKUS. Mr. Speaker, I yield 2 minutes to the gentleman from 
Georgia (Mr. Carter).
  Mr. CARTER of Georgia. Mr. Speaker, I rise today in support of the 
House amendment to the Senate amendment to H.R. 2576, the Frank R. 
Lautenberg Chemical Safety for the 21st Century Act.
  This legislation would combine the policy priorities from H.R. 2576 
and S. 697 into a bipartisan bill that would modernize the Toxic 
Substances Control Act of 1976.
  Recognizing the need to ensure that chemicals are safely made and 
used, Congress passed the Toxic Substances Control Act 40 years ago. 
This law made protecting human health and the environment a priority in 
the chemical manufacturing process. However, the Toxic Substances 
Control Act has not been updated since its inception, and is in dire 
need of reform. Policies based on this 40-year-old law are disjointed, 
confusing, and often contradictory for both manufacturers and 
consumers.
  Modernizing the Toxic Substances Control Act would allow for adoption 
of uniform, science-based chemical safety policies. Manufacturers will 
have the regulatory certainty they need to develop new and safe 
products, and consumers can shop with confidence.
  This version of the bill also protects intellectual property rights 
of chemical manufacturers, many of which have invested millions of 
dollars in research and development.
  I urge my colleagues to support this bipartisan bill that greatly 
improves a landmark consumer and environmental protection law.
  Mr. PALLONE. Mr. Speaker, can I inquire as to how much time remains 
on both sides?
  The SPEAKER pro tempore. The gentleman from New Jersey has 14 minutes 
remaining. The gentleman from Illinois has 16 minutes remaining.
  Mr. PALLONE. Mr. Speaker, I yield 3 minutes to the gentlewoman from 
Colorado (Ms. DeGette), the ranking member of the Subcommittee on 
Oversight and Investigations.
  Ms. DeGETTE. Mr. Speaker, I rise today in support of the Frank R. 
Lautenberg Chemical Safety for the 21st Century Act.
  We have been talking a lot about the, admittedly, very arcane details 
of this bill. I want to talk for a minute about how this bill is going 
to impact the families of America.
  Think about someone you know and love who will probably start a 
family in the next decade. I think of my own two daughters who are in 
their 20s. That future parent will be very excited about the arrival of 
a child. The parents will create a nursery in their home for their new 
baby, a space that is clean, warm, and safe.
  Well, they think it is safe. But right now, under current law, that 
rocking

[[Page 7056]]

chair in the corner could be covered with toxic flame retardants. The 
fresh paint on the walls could contain harmful volatile organic 
compounds. The rug beneath the crib probably has been treated with 
formaldehyde, which is a carcinogen. Parents and children should not 
have to worry whether the most basic, everyday things they do are toxic 
to their health.
  TSCA has been a flawed piece of legislation since it passed in 1976. 
Nobody liked it--the environmental community, the chemical industry, or 
the parents of America. We need to bring some certainty to the 
regulation of the tens of thousands of chemicals that we have out 
there, and that is what this bill will do.
  Did you know that under this bill, for the first time, EPA will have 
access to the information it needs on a chemical? For the first time, 
EPA will regulate the worst chemicals out there, like arsenic? For the 
first time, the EPA will have deadlines for review so that Americans 
are protected from dangerous chemicals as soon as practicable? And for 
the first time, Americans will know exactly what is out there in 
commerce?
  For the first time, every nursery in America will be clean, warm, and 
safe. That is what America deserves.
  Is this bill perfect?
  No. But it is what we are expected to do as Members of the House and 
Senate, Democrats and Republicans--protect the safety of our children 
and generations to come.
  I really want to thank my colleagues. I want to thank Mr. Pallone and 
Mr. Tonko on our side of the aisle. I want to thank the rock star, Mr. 
Shimkus, who I have been working with, along with Mr. Green, since 2007 
to bring this to reality.
  This truly is a great day for the families of America, and I am 
really proud that we are able to get this done. I hope my colleagues 
will look at the bill in totality; I hope you will see how, finally, we 
are going to be able to actually regulate these chemicals; and I hope 
you will vote ``yes.''
  Mr. SHIMKUS. Mr. Speaker, I reserve the balance of my time.
  Mr. PALLONE. Mr. Speaker, I yield 3 minutes to the gentleman from 
Maryland (Mr. Hoyer), the Democratic whip, who has been extremely 
helpful in the last few days in dealing with this legislation.
  Mr. HOYER. Mr. Speaker, I rise in support of this legislation, which 
is the product of much negotiation--which is an understatement, I 
think--in an effort to find consensus.
  Congress first enacted the Toxic Substances Control Act 40 years ago 
to protect Americans from the risks posed by chemicals in commerce. It 
has not been reauthorized since. Since its original enactment, the law 
has become outdated, and efforts to modernize it have been ongoing for 
several years with great difficulty. Under current law, it has become 
hard for the EPA to ban even substances that are known to cause cancer, 
such as asbestos.
  The bill before us today is a breakthrough after a significant amount 
of work. It represents a compromise that, while not perfect, as 
everyone has noted, is a great improvement over current law. And it 
will help the EPA protect Americans from harmful, toxic substances and 
safeguard our environment.
  This bill will require the EPA to evaluate both existing and new 
chemical substances against a new risk-based, scientific safety 
standard that includes specific considerations for populations more 
vulnerable to chemical exposure, such as children, seniors, and 
pregnant women. It also ensures that the EPA can order testing 
immediately for substances suspected of placing Americans at risk.
  This bill improves public transparency of chemical information, 
provides for clear and enforceable deadlines to review prioritized 
chemicals, and takes action to mitigate any identified risk.
  In short, this is a bill that reflects the kind of compromise across 
the aisle we ought to be seeing more of in this House. It is fittingly 
named after Senator Frank Lautenberg of New Jersey, who spent his 
career working to make this law more functional.
  The SPEAKER pro tempore. The time of the gentleman has expired.
  Mr. PALLONE. I yield the gentleman an additional 1 minute.
  Mr. HOYER. I want to first thank the person in my office who worked 
far harder than I did. I just took her phone calls and talked to Mr. 
Pallone and talked to Mr. Shimkus from time to time. Mary Frances Repko 
is one of the hardest working staff members. Mr. Speaker, I want to 
thank Mary Frances for the work that she did to get us to where we are. 
It is not perfect, as she and I agree, but it is a bill that will be 
better than what we have.
  I want to thank, of course, Ranking Member Pallone; my dear friend, 
Chairman Upton; my friend, John Shimkus, the chairman of the committee; 
and Mr. Tonko, who is not for this bill. He worked hard to get it to 
this place. He didn't get there, but he worked hard on that effort.
  Mr. Speaker, I urge my colleagues to support this legislation. It is 
a work product that has been sincerely achieved by people of goodwill, 
and it is adjudged by the President of the United States and the 
administration and by the director of the administrator of the 
Environmental Protection Agency as a significant and important step 
forward. That is a good deal for the American people.
  Mr. SHIMKUS. Mr. Speaker, I continue to reserve the balance of my 
time.
  Mr. PALLONE. Mr. Speaker, I yield 2 minutes to the gentleman from 
Georgia (Mr. Johnson).
  Mr. JOHNSON of Georgia. Mr. Speaker, I thank the gentleman.
  Mr. Speaker, this body has never passed a law that denied States the 
ability to act before there is a Federal standard in place. What we are 
perpetrating today with this vote is a first.
  Instead of being preempted to act once an established EPA standard is 
in place, States are prevented from pursuing critical protections for 
their communities from dangerous chemicals the moment the EPA decides 
to review the chemical, not when the EPA has created a new regulation.

                              {time}  1530

  By allowing for this so-called pause preemption, we will create an 
almost 3-year limbo period in which a chemical under review is 
essentially unregulated by either State or Federal laws.
  Meanwhile, the public is subjected to potentially dangerous 
chemicals. This is unheard of in our existing consumer protection legal 
standards, and it will be to the detriment of the American people.
  However, I do commend the efforts of the Energy and Commerce 
Committee to take on this Herculean task of updating the existing 
regulatory regime and reaching a compromise package.
  However, I regret that this compromise comes at the expense of the 
rights of the States to protect the health, safety, and welfare of 
their citizens.
  We should not be preventing local governments from exerting their 
basic duty to take proactive steps that will protect our communities, 
our environment, and the public health.
  Federal regulations serve as a floor, not as a ceiling, and States 
should be permitted to pursue laws that fill gaps in existing Federal 
regulations.
  Pause preemption not only increases uncertainty and delay to the 
rulemaking process, but it further limits communities' abilities to 
seek redress through our courts when they find themselves the victims 
of dangerous and unregulated chemicals.
  The SPEAKER pro tempore. The time of the gentleman has expired.
  Mr. PALLONE. I yield the gentleman an additional 1 minute.
  Mr. JOHNSON of Georgia. I thank the gentleman.
  Mr. Speaker, lastly, I thank my colleagues on both sides of the aisle 
for their tremendous work on this bill and for the time and energy 
spent by their staffs.
  I ask my colleagues to support this bill.
  Mr. SHIMKUS. Mr. Speaker, I reserve the balance of my time.
  Mr. PALLONE. Mr. Speaker, I would just inform my colleague that I 
have no additional speakers.

[[Page 7057]]


  Mr. SHIMKUS. I have no other speakers, and I will close after the 
gentleman from New Jersey has closed.
  Mr. PALLONE. Mr. Speaker, I yield myself the balance of my time.
  So many people have been involved on our staffs in this bill over the 
last several years, certainly prior to the time that I was the ranking 
member.
  I want to, in particular, thank Jackie Cohen. Jackie is sitting here 
to my right. She, more than anybody else, worked on this bill and made 
it possible to bring this bill to fruition. I think she knows more 
about TSCA than anybody else I know; so, I want to thank her in 
particular.
  I also want to thank Jean Fruci, Rick Kessler, Tuley Wright, Timia 
Crisp, and Alexander Ratner. From Mr. Tonko's staff, I want to thank 
Brendan Larkin and Clinton Britt.
  Mr. Speaker, this bill is named the Frank R. Lautenberg Chemical 
Safety Act for the 21st Century. One of the things that was so 
important to me in the process of negotiating this bill was that it 
would live up to Senator Lautenberg's legacy.
  Senator Lautenberg was always a mentor to me. I worked on his first 
campaign back in 1982. He was always looking out for the little guy. 
One of the most important things to him in that respect was health and 
safety because he always felt that the primary function of the Federal 
Government was to protect people's health and safety.
  One of the biggest things that was important to him was what I call 
the right to know. He always felt, if we passed laws that allowed 
people to know what they were facing in the health and environment 
sphere, that that would be good because they or even their 
organizations that they might be involved with on an activist level 
locally--citizen groups--would have the ability, if you will, to 
effectuate and carry out those laws through their own efforts.
  I think one of the greatest regrets that he had was that, when you 
dealt with toxic chemicals over the time that he was in the Senate--he 
was the longest serving Senator, actually, in New Jersey history--he 
was never able to say what chemicals were dangerous and, basically, 
give people the right to know about toxic chemicals.
  I think that this is an important part of his legacy, and I am very 
proud to say that today we can support a bill that is named in his 
honor.
  Mr. Speaker, I yield back the balance of my time.
  Mr. SHIMKUS. Mr. Speaker, I yield myself the balance of my time.
  Before us today on the floor, as you have heard, is a bipartisan, 
bicameral agreement that substantially improves the safety of chemicals 
that are used by everyone every day.
  As you have heard, while this is not the bill that a lot of people 
would have written if they had had their own way, the reality is that 
this is how the legislative process is supposed to work.
  I think it is very instructive as we go back to our districts and do 
the ``Schoolhouse Rock!'' on how a bill becomes a law. There is a great 
dynamic that is in play. That is what happened here, and that is what 
brings us to the floor today.
  This bill represents a balanced and thoughtful compromise that makes 
long-needed improvements to an outdated and ineffective law. The 
legislation before us is supported by a broad coalition of stakeholders 
that ranges from environmental and public health groups to large and 
small industrial organizations.
  It has the support of the National Association of Manufacturers, the 
Chamber of Commerce, the American Cleaning Institute, the National 
Association of Chemical Distributors, the Society of Chemical 
Manufacturers & Affiliates, and the American Chemistry Council. There 
is a list of 143 different groups that have come out in support of this 
bill. It is worthy of our support as well.
  I want to thank the staff who worked very hard to get us here today: 
Chris Sarley, in my office; Dave McCarthy; Jerry Couri; Tina Richards; 
our head chief of staff of the committee, Gary Andres; along with, of 
course, Chairman Fred Upton, who allowed all of these people to be at 
our disposal to get this work done.
  Mr. Speaker, we have with us in the Chamber legislative counsel. 
These are the unknown heroes, the people who actually get the late 
phone calls, who try to help us figure out the language that we are 
trying to work with.
  Tim Brown and Kakuti Lin are here. They have my gratitude and my 
thanks. In an era when we kind of question Federal employees and their 
commitment to excellence and work ethic, they are good examples of what 
people really do many times.
  Thank you very much for your work.
  I also want to give a nod to the great work done by the House 
Democratic staff. You are loyal adversaries, and I believe we will 
continue to be so, but we were able to do well in this process.
  I thank the Senate Republicans on Mr. Inhofe's staff and the Senate 
Democrats' staff, from Senator Udall's, Senator Boxer's, Senator 
Markey's, and Senator Merkley's offices, who all put in long hours and 
weekends for several months to get this multiyear effort done.
  It has been a multiyear effort, starting since I became chairman of 
the committee. And you have seen Gene Green come down and Diana 
DeGette, who worked diligently with me in the last Congress.
  I also want to mention that the spiritual leader of this, kind of, 
was Bonnie Lautenberg, who I know called us numerous times. Behind 
every great man there is a greater woman. I think Bonnie Lautenberg 
kind of falls into that category, and I know she is very happy with our 
success today.
  Mr. Speaker, as I said in my opening remarks, this bill is good for 
consumers, it is good for jobs, and it is good for the environment. It 
is imperative that we pass this bill and get it signed into law without 
delay.
  This is graduation time throughout our country--a lot of commencement 
exercises--and we are always reminded that, really, ``commencement'' 
means beginning.
  So even though we are kind of getting to the end of the legislative 
process of the law, the real test will be the commencement by the EPA 
in our trying to enact this law and in seeing if it does everything 
that we say it will do.
  It is our job on our committee to continue to do oversight to make 
sure that the things we think are doing well are doing well and that 
the things that need improvement we look at. You have my support in 
doing that oversight and overview of this new law as it moves forward.
  Mr. Speaker, I yield back the balance of my time.
  Ms. LORETTA SANCHEZ of California. Mr. Speaker, I am unable to vote 
on H.R. 2576, the Frank R. Lautenberg Chemical Safety for the 21st 
Century Act, on May 24, 2016. I plan to vote on H.R. 2576, and I will 
vote aye.
  I strongly support the sensible regulation of toxic chemicals. Under 
the current Toxic Substances Control Act, the Environmental Protection 
Agency is extremely limited when regulating toxic chemicals, as the 
bill has not been significantly updated since its enactment in 1976. 
The Frank R. Lautenberg Chemical Safety for the 21st Century Act will 
greatly increase the scope and authority of the EPA to identify and 
regulate harmful chemicals.
  The legislation passed will subject all new and existing chemicals to 
an EPA review and will further protect the American people by 
strengthening transparency by requiring EPA to provide the public with 
more information about toxic chemicals. This legislation also provides 
EPA with the authority to restrict the use of chemical substances which 
put the public and our environment at unreasonable risk.
  Congress has the responsibility to protect the health and safety of 
all Americans. This legislation will improve current law and advance 
our efforts in protecting every American from harmful toxic chemicals.
  Mr. LATTA. Mr. Speaker, the House Amendment to the Senate Amendment 
to H.R. 2576, the Frank R. Lautenberg Chemical Safety for the 21st 
Century Act, specifies that the Administrator, in selecting among 
prohibitions and other restrictions for chemical substances that 
present an unreasonable risk of injury to health or the environment, 
shall consider an evaluation of alternative substances. In evaluating 
alterative substances, the Administrator, ``shall consider, to the 
extent practicable, whether technically and economically feasible 
alternatives that benefit health or the

[[Page 7058]]

environment, compared to the use so proposed to be prohibited or 
restricted, will be reasonably available as a substitute when the 
proposed prohibition or other restriction takes effect.''
  Additionally, the Administrator may grant an exemption from a 
prohibition or other restriction on a chemical substance if the 
``specific condition of use is a critical or essential use for which no 
technically and economically feasible safer alternative is available, 
taking into consideration hazard and exposure.''
  A technically feasible alternative substance is intended to mean a 
chemical for which: the technical knowledge, equipment, materials, and 
other resources available in the marketplace are expected to be 
sufficient to develop and implement the alternative, and to meet 
consumer demand after a phase-in period; the product that contains the 
alternative substance can continue to comply with all applicable legal 
requirements; the product that contains the alternative substance can 
continue to comply with all applicable safety standards and regulatory 
approval or certification requirements applicable to the product; and, 
the consumer accepts the product as made with the alternative 
substance.
  The SPEAKER pro tempore. All time for debate has expired.
  Pursuant to House Resolution 742, the previous question is ordered.
  The question is on the motion to concur by the gentleman from 
Illinois (Mr. Shimkus).
  The question was taken; and the Speaker pro tempore announced that 
the ayes appeared to have it.
  Mr. PALLONE. Mr. Speaker, on that I demand the yeas and nays.
  The yeas and nays were ordered.
  The SPEAKER pro tempore. Pursuant to clause 8 of rule XX and the 
order of the House of today, further proceedings on this question will 
be postponed.

                          ____________________