To amend the Federal Hazardous Substances Act to require engine coolant and antifreeze to contain a bittering agent so as to render it unpalatable.

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Antifreeze Bittering Act of 2006''.

SEC. 2. ADDITION OF BITTERING AGENT IN ANTIFREEZE REQUIRED.

    The Federal Hazardous Substances Act (15 U.S.C. 1261 et seq.) is 
amended by adding after section 24 (15 U.S.C. 1278) the following new 
section:

``SEC. 25. ADDITION OF BITTERING AGENT IN ANTIFREEZE REQUIRED.

    ``(a) Bittering Agent.--
            ``(1) Environmental evaluation required.--
                    ``(A) In general.--Not later than 30 days after the 
                date of enactment of this section, the Consumer Product 
                Safety Commission shall commence an evaluation, in 
                cooperation with the Environmental Protection Agency 
                and appropriate State health and environmental 
                officials in those States that, as of the date of 
                enactment of this section, have enacted laws requiring 
                a bittering agent in engine coolant or antifreeze, to 
                determine whether there is evidence that the use of the 
                bittering agent denatonium benzoate in engine coolant 
                or antifreeze has an unreasonable adverse effect on the 
                environment.
                    ``(B) Certain tests prohibited.--The evaluation 
                required under subparagraph (A) may not include any new 
                animal or human testing.
                    ``(C) Required date of completion.--The Commission 
                shall complete the evaluation within 180 days after the 
                date of enactment of this section and publish its 
                findings in the Federal Register.
            ``(2) Use of bittering agent.--
                    ``(A) General requirement.--Unless the Commission, 
                in its evaluation under paragraph (1), finds there is 
                evidence of an unreasonable adverse effect on the 
                environment, any engine coolant or antifreeze that is 
                manufactured on or after the date that is 180 days 
                after the date of publication of the Commission's 
                finding in the Federal Register pursuant to paragraph 
                (1)(C), and that contains more than 10 percent ethylene 
                glycol, shall include not less than 30 parts per 
                million, and not more than 50 parts per million, 
                denatonium benzoate as a bittering agent in order to 
                render the coolant or antifreeze unpalatable.
                    ``(B) Alternative agent.--If the inclusion of 
                denatonium benzoate in engine coolant or antifreeze is 
                required under subparagraph (A) and the Commission 
                finds that--
                            ``(i) an alternative bittering agent is as 
                        effective as denatonium benzoate in rendering 
                        coolant or antifreeze unpalatable in terms of 
                        both its bittering capacity and its 
                        compatibility with motor vehicle engine coolant 
                        and antifreeze, and
                            ``(ii) in cooperation with the 
                        Environmental Protection Agency, there is no 
                        evidence that the use of the alternative 
                        bittering agent has an unreasonable adverse 
                        effect on the environment,
                the Commission may initiate a rulemaking to permit the 
                use of the alternative bittering agent in lieu of 
                denatonium benzoate.
            ``(3) Unreasonable adverse effect on the environment 
        defined.--As used in this subsection, the term `unreasonable 
        adverse effect on the environment' means an unreasonable risk 
        to human health or the environment, taking into account the 
        economic, social, and environmental costs and benefits.
            ``(4) Failure to comply.--Any engine coolant or antifreeze 
        that is required to contain a bittering agent under paragraph 
        (2) that is not in compliance with that paragraph shall be 
        considered to be a banned hazardous substance within the 
        meaning of section 2(q) (15 U.S.C. 1261(q)), and shall be 
        subject to the penalties provided for in section 5 (15 U.S.C. 
        1264).
    ``(b) Record Keeping.--
            ``(1) Name and active ingredient.--A manufacturer of an 
        engine coolant or antifreeze that is required to contain a 
        bittering agent under subsection (a) shall maintain a record of 
        the trade name, scientific name, and any active ingredients of 
        a bittering agent used in compliance with such subsection.
            ``(2) Availability to the public.--Any record maintained 
        under paragraph (1) shall be made available to the public on 
        receipt by the manufacturer of a request from any person.
    ``(c) Limitation of Liability.--
            ``(1) In general.--Subject to paragraph (2), a 
        manufacturer, processor, distributor, recycler, or seller of an 
        engine coolant or antifreeze that is required to contain a 
        bittering agent under subsection (a) shall not be liable to a 
        person for any personal injury, death, property damage, damage 
        to the environment (including natural resources), or economic 
        loss that results from the inclusion in the engine coolant or 
        antifreeze of the bittering agent, provided that the bittering 
        agent is present in concentrations mandated by subsection 
        (a)(2)(A) or permitted pursuant to a rulemaking under 
        subsection (a)(2)(B).
            ``(2) Exception.--Paragraph (1) shall not apply in any case 
        in which a cause of liability referred to in that paragraph is 
        unrelated to the inclusion in an engine coolant or antifreeze 
        of the bittering agent as required by subsection (a). Nothing 
        in this subsection shall be construed to exempt any 
        manufacturer or distributor of denatonium benzoate, or an 
        alternative bittering agent the use of which is required or 
        permitted under subsection (a)(2), from any liability related 
        to denatonium benzoate or the alternative bittering agent.
    ``(d) Preemption.--No State or political subdivision of a State 
shall establish or continue to enforce with respect to retail 
containers containing less than 55 gallons of engine coolant or 
antifreeze any prohibition, limitation, standard or other requirement 
relating to the inclusion of a bittering agent in engine coolant or 
antifreeze that is different from, or in addition to, the requirements 
of this section.
    ``(e) Exemption.--This section shall not be construed to apply to--
            ``(1) the sale of a motor vehicle that contains engine 
        coolant or antifreeze; or
            ``(2) a wholesale container of engine coolant or antifreeze 
        that contains 55 gallons or more of engine coolant or 
        antifreeze.''.
                                                 

Summary: Antifreeze Bittering Act of 2006 - Amends the Federal Hazardous Substances Act to require the Consumer Product Safety Commission (CPSC) to: (1) commence, in cooperation with the Environmental Protection Agency (EPA) and state officials, an evaluation to determine whether there is evidence that the use of the bittering agent denatonium benzoate in engine coolant or antifreeze has an unreasonable adverse effect on the environment, (2) complete such evaluation within 180 days. And (3) publish its findings in the Federal Register. Requires engine coolant or antifreeze that is manufactured 180 days or more after publication of the Commission's findings and that contains more than 10 ethylene glycol to include a specified concentration of denatonium benzoate to render the coolant or antifreeze unpalatable unless the Commission finds evidence that denatonium benzoate has an unreasonable adverse effect on the environment. Allows the Commission to permit use of an alternative bittering agent in lieu of denatonium benzoate if the Commission finds: (1) that such alternative is as effective as denatonium benzoate. And (2) in cooperation with EPA, that there is no evidence of an unreasonable adverse environmental effect. Defines the term unreasonable adverse effect on the environment to mean an unreasonable risk to human health or the environment, taking into account the economic, social, and environmental costs and benefits. Deems any engine coolant or antifreeze that is not in compliance with this Act to be a banned hazardous substance. Requires a coolant or antifreeze manufacturer to maintain records of active ingredients of bittering agents. Limits the liability of manufacturers, processors, distributors, recyclers, or sellers of engine coolant or antifreeze related to the inclusion of denatonium benzoate in compliance with this Act. Declares that the Act does not exempt manufactures or distributors of denatonium benzoate or an alternative bittering agent from liability related to such additive. Preempts state or local laws that impose different requirements relating to the inclusion of a bittering agent in engine coolant or antifreeze with respect to retail containers containing less than 55 gallons. Declares this Act inapplicable to: (1) the sale of a motor vehicle that contains engine coolant or antifreeze. Or (2) wholesale containers of 55 gallons or more of engine coolant or antifreeze.