To prohibit the manufacture, processing, or distribution in commerce of pentabrominated diphenyl ethers and octabrominated diphenyl ethers, and for other purposes.

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Toxic Flame Retardant Prohibition 
Act''.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) Chemicals known as brominated flame retardants are 
        widely used throughout the United States. To meet stringent 
        fire standards, manufacturers add brominated flame retardants 
        to a multitude of products, including plastics used in 
        televisions, and foam and textiles used in furniture.
            (2) While flame retardants make a valuable contribution to 
        fire safety, it is imperative to understand the potential 
        effects on human health and the environment that their use 
        brings.
            (3) Initial studies indicate that pentabrominated diphenyl 
        ethers and octabrominated diphenyl ethers, which are 
        subcategories of brominated flame retardants, disrupt thyroid 
        hormone balance and contribute to a variety of developmental 
        deficits, including low intelligence and learning disabilities 
        in laboratory animals.
            (4) In particular, it is recognized that there is a high 
        level of public concern over scientific findings of certain 
        polybrominated diphenyl ethers in the environment and in human 
        breast milk. Certain polybrominated diphenyl ethers have 
        increased 40-fold in human breast milk since the 1970s. 
        Chemicals found in breast milk are somewhat reflective of the 
        chemicals found throughout the body of those tested, including 
        in a fetus.
            (5) The American Academy of Pediatrics strongly recommends 
        breastfeeding despite potential exposure to toxic chemicals, as 
        breast milk helps protect infants against certain diseases and 
        infections. In addition, several studies point to the 
        improvement of cognitive development in children who 
        breastfeed.
            (6) The State of California and several countries have 
        phased out products containing pentabrominated diphenyl ethers 
        and octabrominated diphenyl ethers in order to protect human 
        health and the environment.
            (7) To improve the end-of-life management of articles made 
        with polybrominated diphenyl ethers, a tracking and labeling 
        system should be incorporated in the manufacturing, processing, 
        and distribution of products containing pentabrominated 
        diphenyl ethers, octabrominated diphenyl ethers, or 
        decabrominated diphenyl ethers.

SEC. 3. PROHIBITION.

    (a) Amendment.--Section 15 of the Toxic Substances Control Act (15 
U.S.C. 2614) is amended--
            (1) by striking ``or'' at the end of paragraph (3);
            (2) by striking the period at the end of paragraph (4) and 
        inserting ``; or''; and
            (3) by adding at the end the following new paragraph:
            ``(5) manufacture, process, or distribute in commerce a 
        product, or a flame-retarded part of a product, containing more 
        than 1 percent of pentabrominated diphenyl ethers or 
        octabrominated diphenyl ethers by mass.''.
    (b) Effective Date.--The amendments made by subsection (a) shall 
take effect 2 years after the date of enactment of this Act.

SEC. 4. REGULATION.

    Section 6 of the Toxic Substances Control Act (15 U.S.C. 2605) is 
amended by adding at the end the following new subsection:
    ``(f) Polybrominated Diphenyl Ethers.--
            ``(1) Determination and identification of precursors.--The 
        Administrator shall determine whether pentabrominated diphenyl 
        ethers or octabrominated diphenyl ethers are formed in the 
        environment as a result of chemical degradation of any other 
        material, and shall identify any such precursors that are found 
        to exist.
            ``(2) Phase out.--If the Administrator identifies any 
        precursor under paragraph (1), the Administrator shall take 
        appropriate actions under this section or section 5 to ensure 
        that products and processes that introduce such precursor into 
        the environment are phased out within 3 years after the date of 
        enactment of this subsection, unless the Administrator finds 
        that to do so would endanger human health and the environment.
            ``(3) Labeling requirement.--Not later than 1 year after 
        the date of enactment of this subsection, the Administrator 
        shall issue regulations requiring any product containing 
        pentabrominated diphenyl ethers, octabrominated diphenyl 
        ethers, or decabrominated diphenyl ethers, that is manufactured 
        18 months or more after the date of enactment of this 
        subsection to bear a label that meets--
                    ``(A) the requirements of standard ISO 11469, 
                subsection 1043-4, established by the International 
                Organization for Standardization, as in effect on the 
                date of enactment of this subsection, including 
                subsequent revisions thereto that have been certified 
                by the Administrator; or
                    ``(B) alternative requirements that the 
                Administrator certifies convey the same information as 
                is required under subparagraph (A).''.

Summary: Toxic Flame Retardant Prohibition Act - Amends the Toxic Substances Control Act to prohibit the manufacture, processing, or distribution in commerce of a product, or a flame-retarded part of a product, containing more than one percent of pentabrominated diphenyl ethers or octabrominated diphenyl ethers by mass. Requires the Administrator of the Environmental Protection Agency to: (1) determine whether pentabrominated diphenyl ethers or octabrominated diphenyl ethers are formed in the environment as the result of chemical degradation of other materials and to identify any such precursors. (2) take appropriate action to ensure that products and processes that introduce identified precursors into the environment are phased out within three years of enactment of this Act, unless doing so would endanger human health and the environment. And (3) issue regulations requiring any product containing pentabrominated diphenyl ethers, octabrominated diphenyl ethers, or decabrominated diphenyl ethers that is manufactured 18 months or more after enactment of this Act to bear a label that meets specified requirements.