II 

109TH CONGRESS 

1ST SESSION S. 1391 

To amend the Toxic Substances Control Act to reduce the exposure of 

children, workers, and consumers to toxic chemical substances. 

IN THE SENATE OF THE UNITED STATES 

JULY 13, 2005 

Mr. LAUTENBERG (for himself, Mr. JEFFORDS, Mrs. BOXER, Mr. KERRY, Mr. 

CORZINE, Mrs. CLINTON, and Mr. KENNEDY) introduced the following 

bill; which was read twice and referred to the Committee on Environment 

and Public Works 

A BILL 

To amend the Toxic Substances Control Act to reduce the 

exposure of children, workers, and consumers to toxic 

chemical substances. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Child, Worker, and 

5 Consumer-Safe Chemicals Act of 2005’’ or as the ‘‘Kid 

6 Safe Chemicals Act’’. 

7 SEC. 2. FINDINGS, POLICIES, AND GOALS. 

8 (a) FINDINGS.—Congress finds the following: 
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1 (1) The incidence of some diseases and dis2 orders which have been linked to chemical exposures 

3 are on the rise. 

4 (2) The metabolism, physiology, and exposure 

5 patterns of developing fetuses, infants, and children 

6 to toxic chemicals differ from those of adults, which 

7 makes children more vulnerable than adults to the 

8 harmful effects of exposure to some synthetic chemi9 cals. 

10 (3) Unlike pharmaceuticals and pesticides, 

11 manufacturers of most chemical substances are not 

12 required under current law to supply human or envi13 ronmental toxicity information before selling their 

14 products to the public. Consequently, the vast major15 ity of chemicals used in commercial products have 

16 never had any Federal review to evaluate potential 

17 toxicity to infants, children, developing fetuses, or 

18 adults. 

19 (4) Biomonitoring tests have shown that a 

20 fetus, infant, or child in the United States today 

21 often have many synthetic chemicals in their blood 

22 and tissue. 

23 (5) Despite these alarming discoveries, the En24 vironmental Protection Agency has reviewed the 

25 human health risks of only an estimated 2 percent 
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1 of the 62,000 chemicals that were in use in 1976, 

2 when Congress passed the Toxic Substances Control 

3 Act (15 U.S.C. 2601 et seq.). The Environmental 

4 Protection Agency has issued regulations to ban or 

5 restrict the use of only 5 chemical substances in 29 

6 years, due to the law’s excessively high administra7 tive and legal hurdles. 

8 (6) A fundamental overhaul of United States 

9 chemical management is needed to build a non-toxic 

10 environment for our children. 

11 (b) POLICY.—It is the policy of the United States 

12 to— 

13 (1) promote children’s health as a paramount 

14 national goal, recognizing that developing fetuses, 

15 infants, and children are uniquely vulnerable to the 

16 harmful effects of some toxic chemicals during all 

17 stages of their development; 

18 (2) minimize toxic substances in the environ19 ment of children, workers, and consumers by— 

20 (A) promoting the use of safer substitutes 

21 and solutions to reduce exposure to hazardous 

22 chemicals by rewarding business innovation; 

23 (B) holding chemical manufacturers re24 sponsible for providing complete health and 

25 safety data for each chemical they produce 
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1 prior to distribution of that chemical substance 

2 in commerce; and 

3 (C) providing the Environmental Protec4 tion Agency with authority to allow the com5 mercial distribution of chemical substances only 

6 where the data and information show there is 

7 a reasonable certainty that the chemical sub8 stances pose no harm to human health or the 

9 environment; and 

10 (3) provide the public and workers the full right 

11 to know about the health effects of the chemical sub12 stances to which they are exposed. 

13 (c) GOALS.—It is the goal of the United States to 

14 eliminate the exposure of all children, workers, consumers, 

15 and sensitive subgroups to harmful chemicals distributed 

16 in commerce by 2020 by— 

17 (1) identifying the highest priority chemical 

18 substances for review by 2007; 

19 (2) making a safety determination for, at a 

20 minimum, the first 300 priority chemical substances 

21 by 2010 and banning or restricting the use of a 

22 chemical substance if it cannot be shown to meet the 

23 safety standard; and 

24 (3) making a safety determination for all chem25 ical substances by 2020, and banning or restricting 
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1 the use of a chemical if it cannot be shown to meet 

2 the safety standard. 

3 SEC. 3. PROTECTION OF CHILDREN’S HEALTH FROM CHEM4 ICAL SUBSTANCES. 

5 (a) IN GENERAL.—The Toxic Substances Control Act 

6 (15 U.S.C. 2601 et seq.) is amended by adding at the end 

7 the following: 

8 ‘‘TITLE V—CHILD SAFE 

9 CHEMICALS 

10 ‘‘SEC. 501. MANUFACTURER SAFETY CERTIFICATIONS. 

11 ‘‘(a) SAFETY STATEMENT AND INFORMATION.—Not 

12 later than 1 year after the date of enactment of this title, 

13 each manufacturer of a chemical substance distributed in 

14 commerce shall submit to the Administrator— 

15 ‘‘(1) a statement signed by the chief executive 

16 officer of the manufacturer certifying, based on 

17 available information after a good faith inquiry, 

18 that— 

19 ‘‘(A) the chemical substance meets the 

20 safety standard defined in section 503(a); or 

21 ‘‘(B) there is insufficient data to determine 

22 whether the chemical substance meets that safe23 ty standard; and 

24 ‘‘(2) all reasonably available information in the 

25 company’s possession or control that has not pre-
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1 viously been submitted to the Administrator regard2 ing the physical, chemical, and toxicological prop3 erties of the chemical substance, and the annual pro4 duction volume and known uses of, and exposure 

5 and fate information relating to, the chemical sub6 stance. 

7 ‘‘(b) UPDATING OF INFORMATION.—Each manufac8 turer of a chemical substance described in subsection (a) 

9 shall update the information described in subsection 

10 (a)(2)— 

11 ‘‘(1) at a minimum, every 3 years; and 

12 ‘‘(2) at any time at which there becomes avail13 able significant new information regarding a phys14 ical, chemical, or toxicological property of, or expo15 sure to, the chemical substance, including at a min16 imum any information that shows a new potential 

17 toxic effect, corroborates previous information show18 ing or suggesting a toxic effect, or suggests a toxic 

19 effect at a lower dose than previously demonstrated. 

20 ‘‘(c) NEW CHEMICAL SUBSTANCES.—Prior to a new 

21 chemical substance being distributed in commerce, the 

22 chief executive officer of the manufacturer must certify the 

23 safety of that chemical substance as directed in subsection 

24 (a). 
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1 ‘‘(d) DEFINITION OF TOXICOLOGICAL PROPERTY.— 

2 For the purposes of this title, ‘toxicological property’ 

3 means actual or potential toxicity, bioconcentration, or 

4 other biological or adverse effects, including but not lim5 ited to effects on mortality, morbidity, reproduction, devel6 opment, the immune system, the endocrine system, the 

7 brain or nervous system, or any other biological functions 

8 in humans or animals. 

9 ‘‘SEC. 502. PRIORITY LIST OF CHEMICAL SUBSTANCES FOR 

10 EPA SAFETY DETERMINATION. 

11 ‘‘(a) PRIORITY LIST.— 

12 ‘‘(1) IN GENERAL.—Not later than 18 months 

13 after the date of enactment of this title, the Admin14 istrator shall develop a priority list of not less than 

15 300 chemical substances (referred to in this title as 

16 the ‘priority list’) which shall be the first chemical 

17 substances for which a safety determination is made, 

18 as set forth in section 503. Chemical substances that 

19 may pose the greatest risk to humans shall be 

20 ranked as highest priority. 

21 ‘‘(2) UPDATING OF LIST.—Additional chemical 

22 substances shall be added to the priority list at least 

23 annually until all chemical substances which meet 

24 the criteria set forth in subsection (b) have been 

25 added to the priority list. 
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1 ‘‘(3) TREATMENT AS FINAL AGENCY ACTION.— 

2 Development of the priority list shall not be consid3 ered to be a final agency action for the purpose of 

4 subchapter II of chapter 5, and chapter 7, of title 

5 5, United States Code (commonly known as ‘the Ad6 ministrative Procedure Act’), but the Administra7 tor’s failure to issue or update a priority list by the 

8 deadline established in the Act shall be considered a 

9 failure to perform a nondiscretionary duty. 

10 ‘‘(b) CRITERIAFOR IDENTIFYING PRIORITIZED

11 CHEMICAL SUBSTANCES.—In determining the priority list 

12 of chemical substances for a safety determination, the Ad13 ministration shall take into account whether the chemical 

14 substance— 

15 ‘‘(1) is found in human blood, fluids, or tissue, 

16 unless the chemical substance is not synthetic and is 

17 naturally present at the level found in blood, fluids, 

18 or tissue; 

19 ‘‘(2) is found in food or drinking water, unless 

20 the chemical substance is not synthetic and is natu21 rally present at the level found in food or drinking 

22 water; 

23 ‘‘(3) is manufactured or discharged into the en24 vironment at a volume of more than 1,000,000 

25 pounds annually; 
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1 ‘‘(4) is a known or suspected reproductive, neu2 rological, or immunological toxicant, carcinogen, 

3 mutagen, or endocrine disruptor, or causes negative 

4 developmental effects; or 

5 ‘‘(5) is persistent or bioaccumulative. 

6 ‘‘SEC. 503. EPA SAFETY DETERMINATION FOR CHEMICAL 

7 SUBSTANCES. 

8 ‘‘(a) DEFINITION OF SAFETY STANDARD.—In this 

9 section, the term ‘safety standard’ means, with respect to 

10 a chemical substance (or another chemical substance with 

11 a common mechanism of action)— 

12 ‘‘(1) a standard that provides a reasonable cer13 tainty that no harm will be caused by aggregate ex14 posure of a fetus, infant, child, worker, or member 

15 of other sensitive subgroup; and 

16 ‘‘(2) in the case of a fetus, infant, or child, a 

17 standard that accounts for their special vulnerability 

18 to potential pre- and post-natal exposures by apply19 ing an additional 10 fold safety factor to the level 

20 established for adults. 

21 ‘‘(b) CHEMICAL SAFETY INFORMATION.— 

22 ‘‘(1) IN GENERAL.—On receipt of a request 

23 from the Administrator, a manufacturer of the 

24 chemical substance shall provide to the Adminis-
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1 trator all information requested under this sub2 section. 

3 ‘‘(2) INFORMATION.—In making a determina4 tion with respect to a chemical substance under sub5 section (c), the Administrator shall take into account 

6 each of the following: 

7 ‘‘(A) Environmental fate and transport, in8 cluding degradation, persistence in the environ9 ment, mobility, and distribution across environ10 mental media, of the chemical substance. 

11 ‘‘(B) Biological fate and transport, includ12 ing metabolism, bioaccumulation and bio13 magnification potential, and toxicokinetics. 

14 ‘‘(C) Acute, subchronic, and chronic 

15 human health effects of exposure to the sub16 stance, including reproductive, developmental, 

17 genotoxic, neurotoxic, immunotoxic, and endo18 crine-disrupting effects. 

19 ‘‘(D) The potential for additive or syner20 gistic effects to result from exposure to multiple 

21 chemical substances. 

22 ‘‘(E) The ecotoxicity of a chemical sub23 stance to avian, terrestrial, and aquatic species. 

24 ‘‘(F) The presence of the chemical sub25 stance in, at a minimum— 
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1 ‘‘(i) human blood, fluids, or tissue; 

2 and 

3 ‘‘(ii) food or drinking water. 

4 ‘‘(G) The uses of the chemical substance 

5 and associated known and potential releases 

6 and exposures. 

7 ‘‘(3) MINIMUM DATA SET.—The Administrator 

8 shall establish a minimum set of data requirements 

9 that would ensure that determinations under sub10 section (c) are based on reliable data. 

11 ‘‘(4) TIERING PROCESS.—The Administrator 

12 shall have the authority to develop a tiering process 

13 for the submission of the information. 

14 ‘‘(c) SAFETY DETERMINATION.— 

15 ‘‘(1) PRIORITY CHEMICALS.— 

16 ‘‘(A) IN GENERAL.—Not later than 3 years 

17 after the date on which a chemical substance 

18 has been placed on the priority list, the Admin19 istrator shall determine whether the manufac20 turer has established that the chemical sub21 stance meets the safety standard. 

22 ‘‘(B) INTERIM STANDARDS.— 

23 ‘‘(i) NOTICE OF PENDING DETER24 MINATION.—If the Administrator fails to 

25 act within the deadlines established in sub-
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1 paragraph (A), a manufacturer affected by 

2 the failure to act shall issue to the Admin3 istrator, the public, and each known cus4 tomer of a chemical substance a written 

5 notice that a determination of safety is 

6 pending. 

7 ‘‘(ii) FAILURE OF ADMINISTRATOR TO

8 ACT.—Not later than 5 years after the 

9 date on which a chemical substance has 

10 been placed on the priority list, if the Ad11 ministrator has not made a determination 

12 under subparagraph (A), the chemical sub13 stance shall not be distributed in com14 merce. 

15 ‘‘(2) OTHER CHEMICAL SUBSTANCES.—Not 

16 later than 15 years after the date of enactment of 

17 this title, the Administrator shall determine whether 

18 each chemical substance distributed in commerce 

19 meets the safety standard. Not less than 1 time 

20 every 15 years thereafter, the Administrator shall 

21 reassess the safety of all chemical substances distrib22 uted in commerce. 

23 ‘‘(3) NEW CHEMICAL SUBSTANCES.—As of the 

24 date that is 90 days after the date of enactment of 

25 this title, no new chemical substance shall be distrib-
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1 uted in commerce unless the chemical substance has 

2 met the safety standard under subsection (a), as de3 termined by the Administrator. 

4 ‘‘(d) BIOMONITORING.— 

5 ‘‘(1) IN GENERAL.—Within 5 years after the 

6 date of enactment of this title, and every 3 years 

7 thereafter, a manufacturer of a chemical substance 

8 shall carry out a biomonitoring study to determine 

9 the presence in human blood, fluids, or tissue for 

10 any chemical substance— 

11 ‘‘(A) which is manufactured in quantities 

12 greater than 1,000,000 pounds during 1 cal13 endar year; or 

14 ‘‘(B) for any chemical substance distrib15 uted in commerce— 

16 ‘‘(i) to which humans are exposed; 

17 and 

18 ‘‘(ii) for which there is cause for con19 cern regarding the exposure (as deter20 mined by the Administrator), such as a po21 tential for persistence or bioaccumulation 

22 of the chemical substance. 

23 ‘‘(2) STANDARD.—The Administrator shall by 

24 regulation establish a standard for biomonitoring 

25 studies under this subsection that includes— 
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1 ‘‘(A) the use of a representative sample 

2 that ensures that likely exposed populations in3 cluding children are oversampled; and 

4 ‘‘(B) a determination of appropriate detec5 tion levels of chemical substances. 

6 ‘‘(3) SUBSTANCE DETECTION.—A manufacturer 

7 of a chemical substance subject to paragraph (1) 

8 shall make available to the public a practicable 

9 method (as determined by the Administrator) for de10 tecting the presence of the substance or any of its 

11 metabolites in human blood, fluids, and tissue. 

12 ‘‘SEC. 504. REDUCTION OF HEALTH HAZARDS FOR CHIL13 DREN, WORKERS, AND CONSUMERS. 

14 ‘‘(a) MARKET RESTRICTIONS.—No person shall man15 ufacture a chemical substance if— 

16 ‘‘(1) the Administrator determines that the per17 son failed to act in accordance with section 501 or 

18 section 503; 

19 ‘‘(2) the Administrator determines that the 

20 chemical substance does not meet the safety stand21 ard defined in section 503(a); or 

22 ‘‘(3) the Administrator has not made a safety 

23 determination for the chemical substance by the 

24 deadline established in paragraph (1)(B)(ii), (2), or 

25 (3) of section 503(c). 
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1 ‘‘(b) USE EXEMPTIONS.—The Administrator may 

2 allow manufacturing for a specified use of any chemical 

3 substance where the Administrator determines such use 

4 meets the safety standard defined in section 503(a). 

5 ‘‘(c) EXEMPTION FROM BIOMONITORING.—Any man6 ufacturer that submitted to the Administrator a biomoni7 toring study of a chemical substance on or before the date 

8 of enactment of this title shall be exempt from the initial 

9 biomonitoring under section 503(d) for that chemical sub10 stance. 

11 ‘‘(d) OTHER EXEMPTIONS.— 

12 ‘‘(1) IN GENERAL.—The President, in his non13 delegable duty, may make an exemption from this 

14 section for a specific use of a chemical substance for 

15 a period not to exceed 5 years if after public notice 

16 and comment he determines that— 

17 ‘‘(A) an exemption is in the paramount in18 terest of national security, or if the lack of 

19 availability of the chemical substance would 

20 cause significant disruption in the national 

21 economy; and 

22 ‘‘(B) no feasible alternative for the speci23 fied use of the chemical substance is available. 

24 ‘‘(2) RENEWABILITY.—The President may 

25 renew an exemption under paragraph (1) for addi-
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1 tional 5 year periods if the President concludes after 

2 public comment that such a renewal is necessary. 

3 ‘‘(3) PUBLIC NOTICE.—A manufacturer of a 

4 chemical substance for which an exemption under 

5 this subsection is made shall provide notice of the 

6 exemption to each known customer, and the Presi7 dent shall provide the public with a notice of such 

8 an exemption. 

9 ‘‘SEC. 505. ANIMAL TESTING ALTERNATIVES. 

10 ‘‘(a) ALTERNATIVES TO ANIMAL TESTING.— 

11 ‘‘(1) IN GENERAL.—To minimize the use of ani12 mal testing of chemical substances, the Adminis13 trator shall— 

14 ‘‘(A) require the use, where practicable, 

15 of— 

16 ‘‘(i) existing data to fill data gaps by 

17 calling for mandatory disclosure of all ex18 isting data, and thoroughly investigating 

19 sources of existing data; 

20 ‘‘(ii) replacement alternatives that— 

21 ‘‘(I) do not involve the use of an 

22 animal to test the chemical substance; 

23 and 
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1 ‘‘(II) provide information that is 

2 equivalent in scientific quality to the 

3 animal testing method; and 

4 ‘‘(iii) reduction alternatives that use 

5 fewer animals than conventional animal6 based tests when replacement alternatives 

7 are impracticable, including the use of 

8 tests that combine two or more endpoints; 

9 ‘‘(B) encourage, where practicable— 

10 ‘‘(i) the grouping of similar chemicals 

11 into categories to limit testing to only 

12 those chemicals which are representative of 

13 the group; and 

14 ‘‘(ii) the forming of industry consortia 

15 to jointly conduct testing to avoid duplica16 tion of tests; and 

17 ‘‘(C) fund research and validation studies 

18 to reduce and replace the use of animal tests as 

19 provided in this section. 

20 ‘‘(2) LIST OF ALTERNATIVE TESTING METH21 ODS.—Not later than 1 year after the date of enact22 ment of this title, and triennially thereafter, the Ad23 ministrator, in consultation with the Interagency 

24 Science Advisory Board established in section 507, 
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1 shall publish a list of the alternative testing methods 

2 described in paragraph (1). 

3 ‘‘(b) AUTHORIZATION OF APPROPRIATIONS.—There 

4 is authorized to be appropriated to carry out this section 

5 $5,000,000. 

6 ‘‘SEC. 506. SAFER ALTERNATIVES AND GREEN CHEMISTRY. 

7 ‘‘(a) SAFER ALTERNATIVES PROGRAM.—Within 1 

8 year after the date of enactment of this title, the Adminis9 trator shall establish a program to create market incen10 tives for the development of safer alternatives to existing 

11 chemical substances. This program shall include, but not 

12 be limited to— 

13 ‘‘(1) expedited review of new chemical sub14 stances for which the manufacturer submits an al15 ternatives analysis indicating that the new chemical 

16 substance is the safer alternative for a particular use 

17 than existing chemical substances used for the same 

18 purpose; 

19 ‘‘(2) recognition for a chemical substance found 

20 by the Administrator to be a safer alternative for a 

21 particular use by means of a special designation in22 tended for use in marketing the safer alternative, 

23 and periodic public awards; and 

24 ‘‘(3) other incentives as the Administrator con25 siders appropriate to encourage the development, 
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1 marketing and use of chemical substances found by 

2 the Administrator to be safer alternatives for the 

3 particular uses. 

4 ‘‘(b) GREEN CHEMISTRY RESEARCH AND CLEARING5 HOUSE NETWORK.— 

6 ‘‘(1) IN GENERAL.—The Administrator shall es7 tablish a network of not less than 4 green chemistry 

8 and technology research and clearinghouse centers, 

9 located in various regions of the United States, to 

10 support the development and adoption of safer alter11 natives to chemical substances, particularly chemical 

12 substances placed on the priority list. 

13 ‘‘(2) REQUIREMENTS.—The research and clear14 inghouse centers described in paragraph (1) shall— 

15 ‘‘(A) provide technical assistance relating 

16 to alternatives analysis, green chemistry, and 

17 green technology techniques to small and me18 dium-sized manufacturers of chemical sub19 stances; 

20 ‘‘(B) provide technical training relating to 

21 alternatives analysis, green chemistry, and 

22 green technology techniques to students and 

23 professionals; 

24 ‘‘(C) conduct alternatives analysis, green 

25 chemistry and green technology research; and 
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1 ‘‘(D) provide grants to promote and sup2 port the research, development, adoption and 

3 use of alternatives to the activities identified in 

4 subparagraphs (A), (B), and (C). 

5 ‘‘(3) AUTHORIZATION OF APPROPRIATIONS.— 

6 There are authorized to be appropriated to carry out 

7 this subsection— 

8 ‘‘(A) for fiscal year 2006, $40,000,000; 

9 and 

10 ‘‘(B) for each of fiscal years 2007 through 

11 2010, $30,000,000. 

12 ‘‘SEC. 507. INTERAGENCY SCIENCE ADVISORY BOARD ON 

13 CHILDREN’S HEALTH AND TOXIC SUB14 STANCES. 

15 ‘‘(a) IN GENERAL.—Not later than 90 days after the 

16 date of enactment of this title, the Administrator shall 

17 form an Interagency Science Advisory Board on Children’s 

18 Health and Toxic Substances which shall include at a min19 imum representatives from the National Institute of Envi20 ronmental Heath Sciences, the Centers for Disease Con21 trol and Prevention, the National Toxicology Program, the 

22 National Cancer Institute, the National Tribal Science 

23 Council and not less than 3 centers of children’s health 

24 at leading universities. 
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1 ‘‘(b) PURPOSES.—The purposes of the Board shall be 

2 to— 

3 ‘‘(1) provide independent advice and peer review 

4 to the Administrator and Congress on the scientific 

5 and technical aspects of problems and issues related 

6 to the requirement of this title; 

7 ‘‘(2) review the scientific and technical basis for 

8 the standards, rules, guidance, and other science9 based decisions under this Act and providing expert 

10 consultation and advice to the Administrator; and 

11 ‘‘(3) reduce the duplication of the efforts by 

12 manufactures to conform with the requirements of 

13 this title, and to reduce animal testing. 

14 ‘‘SEC. 508. COOPERATION WITH INTERNATIONAL EFFORTS. 

15 ‘‘In cooperation with the Secretary of State and the 

16 head of any other appropriate Federal agency (as deter17 mined by the Administrator), the Administrator shall co18 operate with any international effort— 

19 ‘‘(1) to develop a common protocol or electronic 

20 database relating to chemical substances; or 

21 ‘‘(2) to develop safer alternatives for chemical 

22 substances. 

23 ‘‘SEC. 509. PUBLIC ACCESS TO INFORMATION. 

24 ‘‘(a) TRANSMISSION TO ADMINISTRATOR.—Each 

25 Federal agency and Federal institution shall transmit to 
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1 the Administrator all information provided to the Federal 

2 agency or institution relating to a hazard of or risk of 

3 exposure to a chemical substance. 

4 ‘‘(b) ELECTRONIC DATABASE.— 

5 ‘‘(1) STANDARD.—Not later than 180 days 

6 after the date of enactment of this title, the Admin7 istrator, in collaboration with interested parties, 

8 shall establish standards for an electronic format for 

9 sharing of information relating to the toxicity and 

10 use of, and exposure to, chemical substances. 

11 ‘‘(2) DATABASE.—Not later than 3 years after 

12 the date of enactment of this title, the Adminis13 trator, in collaboration with interested parties, shall 

14 develop, and establish procedures for maintaining, a 

15 database in which to store the information described 

16 in paragraph (1). 

17 ‘‘(c) PUBLIC ACCESS.—The Administrator shall 

18 make available to the public— 

19 ‘‘(1) any information provided to the Adminis20 trator relating to the properties and hazards of a 

21 chemical substance; and 

22 ‘‘(2) any nonconfidential information, as de23 scribed in section 510, provided to the Administrator 

24 relating to exposure to the substance. 
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1 ‘‘(d) RELIABLE INFORMATION.—The Administrator 

2 shall establish procedures to ensure data reliability that 

3 include— 

4 ‘‘(1) not less than 1 time each year, the Admin5 istrator shall randomly inspect not less than 3 per6 cent of the commercial and private laboratories 

7 which develop the data required by the title on the 

8 various properties and characteristics of a chemical 

9 substance; and 

10 ‘‘(2) annually, the Administrator shall perform 

11 a comprehensive data audit on a statistically signifi12 cant number of the data submissions submitted by 

13 manufacturers under this title. 

14 ‘‘SEC. 510. CONFIDENTIAL BUSINESS INFORMATION. 

15 ‘‘(a) IN GENERAL.—If a manufacturer of a chemical 

16 substance submits to the Administrator or any other Fed17 eral agency or institution any confidential business infor18 mation (as defined in section 350.27 of volume 40, Code 

19 of Federal Regulations, as in effect on the date of enact20 ment of this title), the chief executive officer shall provide 

21 to the Administrator or other Federal agency or insti22 tute— 

23 ‘‘(1) a written justification for maintaining the 

24 confidentiality of the information, including, if appli25 cable, a statement that the information must be kept 
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1 confidential to protect a trade secret of the manufac2 turer; and 

3 ‘‘(2) certification that the information is not 

4 otherwise publicly available. 

5 ‘‘(b) INFORMATION FROM FOREIGN COUNTRIES.— 

6 Any information provided to the Administrator by an offi7 cer or employee of a foreign government shall be consid8 ered to be confidential business information if the infor9 mation is considered to be confidential business informa10 tion by the officer or employee of the foreign government, 

11 except as described in subsection (c). 

12 ‘‘(c) NONCONFIDENTIAL INFORMATION.—The name 

13 of a chemical substance and all information concerning its 

14 effects on human health or the environment shall not be 

15 considered to be confidential business information under 

16 this section. 

17 ‘‘SEC. 511. RELATIONSHIP TO OTHER LAW. 

18 ‘‘Nothing in this title affects the right of a State or 

19 political subdivision of a State to adopt or enforce any reg20 ulation, requirement, liability, or standard of performance 

21 that is more stringent than a regulation, requirement, li22 ability, or standard of performance established by this 

23 title.’’. 

24 (b) EFFECT OF SECTION.—Notwithstanding the 

25 amendment made by subsection (a)(1), any regulation pro-
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1 mulgated (including any prohibition or restriction issued) 

2 under the provisions repealed by that subsection before the 

3 date of enactment of this Act shall remain in effect until 

4 the date on which the Administrator of the Environmental 

5 Protection Agency promulgates new regulations under 

6 title V of the Toxic Substances Control Act (15 U.S.C. 

7 2601 et seq.) (as added by subsection (a)(2)). 

8 (c) CONFORMING AMENDMENTS.— 

9 (1) TESTING OF CHEMICAL SUBSTANCES AND

10 MIXTURES.—Section 4 of the Toxic Substances Con11 trol Act (15 U.S.C. 2603) is amended— 

12 (A) in subsection (f), in the matter fol13 lowing paragraph (2), by inserting ‘‘, or title 

14 V,’’ after ‘‘section 5, 6, or 7’’; and 

15 (B) in subsection (g), by inserting ‘‘or title 

16 V’’ after ‘‘section 5(a)’’. 

17 (2) MANUFACTURING AND PROCESSING NO18 TICES.—Section 5 of the Toxic Substances Control 

19 Act (15 U.S.C. 2604) is amended— 

20 (A) in subsection (b)— 

21 (i) in paragraph (1)(A)(ii), by insert22 ing ‘‘or title V’’ after ‘‘section 4’’; and 

23 (ii) in paragraph (2)(A)(ii), by insert24 ing ‘‘or title V’’ after ‘‘section 4’’; 
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1 (B) in subsection (d)(2)(C), by inserting 

2 ‘‘or title V’’ after ‘‘section 4’’; 

3 (C) in subsection (e)(2)(D), in the first 

4 sentence, by inserting ‘‘or title V’’ after ‘‘sec5 tion 6(a)’’; 

6 (D) in subsection (f)— 

7 (i) in paragraph (1), by inserting ‘‘or 

8 title V’’ after ‘‘section 6’’; 

9 (ii) in paragraph (2), in the matter 

10 preceding subparagraph (A), by inserting 

11 ‘‘or title V’’ after ‘‘section 6(a)’’; and 

12 (iii) in paragraph (3)(B), by inserting 

13 ‘‘or title V’’ after ‘‘section 6’’; and 

14 (E) in subsection (g), by inserting ‘‘, or 

15 title V,’’ after ‘‘section 6 or 7’’. 

16 (3) IMMINENT HAZARDS.—Section 7 of the 

17 Toxic Substances Control Act (15 U.S.C. 2606) is 

18 amended— 

19 (A) in subsection (a)— 

20 (i) in paragraph (1), in the matter fol21 lowing subparagraph (C)— 

22 (I) by striking ‘‘section 4, 5, 6, 

23 or title IV’’ and inserting ‘‘section 4, 

24 5, or 6, or title IV or V,’’; and 
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•S 1391 IS

1 (II) by striking ‘‘section 5 or title 

2 IV’’ and inserting ‘‘section 5 or title 

3 IV or V’’; and 

4 (ii) in paragraph (2), by inserting 

5 ‘‘title V or’’ before ‘‘section 6(a)’’; and 

6 (B) in subsection (f), in the second sen7 tence, by inserting ‘‘or title V’’ after ‘‘section 

8 6’’. 

9 (4) REPORTING AND RETENTION OF INFORMA10 TION.—Section 8 of the Toxic Substances Control 

11 Act (15 U.S.C. 2607) is amended— 

12 (A) in subsection (a)(3)(A)(ii)— 

13 (i) in subclause (I), by inserting ‘‘or 

14 title V’’ after ‘‘or 6,’’; and 

15 (ii) in subclause (II), by inserting ‘‘or 

16 title V’’ after ‘‘section 5 or 7’’; and 

17 (B) in subsection (b)(1)— 

18 (i) in the first sentence, by striking 

19 ‘‘section 5 or subsection (a) of this sec20 tion’’ and inserting ‘‘subsection (a), section 

21 5, or title V’’; and 

22 (ii) in the second sentence, by insert23 ing ‘‘or title V’’ after ‘‘section 5’’. 
28 

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1 (5) RELATIONSHIP TO OTHER FEDERAL

2 LAWS.—Section 9(a) of the Toxic Substances Con3 trol Act (15 U.S.C. 2608(a)) is amended— 

4 (A) in paragraph (2), in the matter fol5 lowing subparagraph (B), by inserting ‘‘or title 

6 V’’ after ‘‘section 6 or 7’’; and 

7 (B) in paragraph (3), by inserting ‘‘or title 

8 V’’ after ‘‘section 6 or 7’’. 

9 (6) EXPORTS.—Section 12 of the Toxic Sub10 stances Control Act (15 U.S.C. 2611) is amended— 

11 (A) in subsection (a)(2), by inserting ‘‘or 

12 title V’’ after ‘‘section 4’’; and 

13 (B) in subsection (b)— 

14 (i) in paragraph (1), by inserting ‘‘or 

15 title V’’ after ‘‘section 4 or 5(b)’’; and 

16 (ii) in paragraph (2)— 

17 (I) by inserting ‘‘or title V’’ after 

18 ‘‘issued under section 5’’; 

19 (II) by inserting ‘‘or title V’’ 

20 after ‘‘section 5 or 6’’; and 

21 (III) by inserting ‘‘or title V’’ 

22 after ‘‘section 5 or 7’’. 

23 (7) ENTRY INTO CUSTOMS TERRITORY OF THE

24 UNITED STATES.—Section 13(a)(1) of the Toxic 

25 Substances Control Act (15 U.S.C. 2612(a)(1)) is 
29 

•S 1391 IS

1 amended by striking subparagraph (B) and inserting 

2 the following: 

3 ‘‘(B) the substance, mixture, or article is 

4 offered for entry in violation of section 5, 6, or 

5 7, or title IV or V.’’. 

6 (8) DISCLOSURE OF DATA.—Section 

7 14(b)(1)(A)(ii) of the Toxic Substances Control Act 

8 (15 U.S.C. 2613(b)(1)(A)(ii)) is amended by strik9 ing ‘‘for which testing’’ and all that follows through 

10 ‘‘section 5, and’’ and inserting ‘‘for which testing or 

11 a notification is required under section 4 or 5 or 

12 title V; and’’. 

13 (9) PROHIBITED ACTS.—Section 15 of the 

14 Toxic Substances Control Act (15 U.S.C. 2614) is 

15 amended— 

16 (A) by striking paragraph (1) and insert17 ing the following: 

18 ‘‘(1) fail or refuse to comply with any rule or 

19 requirement under section 4, 5, or 6, or title II or 

20 V;’’; and 

21 (B) in paragraph (2), by striking ‘‘viola22 tion of section 5’’ and all that follows through 

23 ‘‘section 5 or 7’’ and inserting ‘‘violation of sec24 tion 5, 6, or 7, or title V’’. 
30 

•S 1391 IS

1 (10) SPECIFIC ENFORCEMENT AND SEIZURE.— 

2 Section 17(a)(1) of the Toxic Substances Control 

3 Act (15 U.S.C. 2616(a)(1)) is amended— 

4 (A) by striking subparagraph (B) and in5 serting the following: 

6 ‘‘(B) restrain any person from taking an 

7 action prohibited under section 5 or 6, or title 

8 IV or V;’’; and 

9 (B) in subparagraph (D), by striking ‘‘in 

10 violation’’ and all that follows through ‘‘title 

11 IV’’ and inserting ‘‘in violation of section 5 or 

12 6 or title IV or V’’. 

13 (11) PREEMPTION.—Section 18 of the Toxic 

14 Substances Control Act (15 U.S.C. 2617) is amend15 ed to read as follows: 

16 ‘‘SEC. 18. PREEMPTION. 

17 ‘‘Nothing in this Act affects the authority of a State 

18 or political subdivision of a State to establish or continue 

19 in effect any regulation of a chemical substance, mixture, 

20 or article containing a chemical substance or mixture.’’. 

21 (12) JUDICIAL REVIEW.—Section 19 of the 

22 Toxic Substances Control Act (15 U.S.C. 2618) is 

23 amended— 

24 (A) in subsection (a)— 

25 (i) in paragraph (1)— 
31 

•S 1391 IS

1 (I) in subparagraph (A), by strik2 ing ‘‘title II or IV’’ and inserting 

3 ‘‘title II, IV, or V’’; and 

4 (II) in subparagraph (B), by in5 serting ‘‘or title V’’ after ‘‘section 

6 6(b)(1)’’; and 

7 (ii) in paragraph (3), by striking sub8 paragraph (B) and inserting the following: 

9 ‘‘(B) for a rule or finding under section 4, 

10 5, or 6, or title IV or V, the finding required 

11 for the issuance of the rule;’’; and 

12 (B) in subsection (c)(1)(B)— 

13 (i) in clause (i), by inserting ‘‘, or title 

14 V,’’ after ‘‘6(e)’’; and 

15 (ii) in clause (iii)(I), by striking ‘‘sec16 tion 6(c)(1), or’’ and inserting ‘‘section 

17 6(c)(1) or title V; or’’. 

18 (13) CITIZENS’ CIVIL ACTIONS.—Section 

19 20(a)(1) of the Toxic Substances Control Act (15 

20 U.S.C. 2619(a)(1)) is amended by striking ‘‘title II 

21 or IV’’ and inserting ‘‘title II, IV, or V’’. 

22 (14) CITIZENS’ PETITIONS.—Section 21 of the 

23 Toxic Substances Control Act (15 U.S.C. 2620) is 

24 amended— 
32 

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1 (A) in subsection (a), by striking ‘‘a rule 

2 under’’ and all that follows through ‘‘6(b)(2)’’ 

3 and inserting ‘‘a rule or order under section 4, 

4 5, 6, or 8, or title V’’; and 

5 (B) in subsection (b)— 

6 (i) in paragraph (1), by striking ‘‘ a 

7 rule under’’ and all that follows through 

8 ‘‘6(b)(1)(B)’’ and inserting ‘‘a rule or 

9 order under section 4, 5, 6, or 8, or title 

10 V’’; 

11 (ii) in paragraph (3), in the first sen12 tence, by inserting ‘‘, or title V’’ after 

13 ‘‘section 4, 5, 6, or 8’’; and 

14 (iii) in paragraph (4)(B)— 

15 (I) in the matter preceding clause 

16 (i), by striking ‘‘section 4’’ and all 

17 that follows through ‘‘6(b)(2)’’ and in18 serting ‘‘rule or order under section 4, 

19 5, 6, or 8, or title V’’; 

20 (II) in clause (i), by striking ‘‘a 

21 rule under’’ and all that follows 

22 through ‘‘section 5(e)’’ and inserting 

23 ‘‘a rule or order under section 4 or 5 

24 or title V’’; and 
33 

•S 1391 IS

1 (III) in clause (ii), by striking 

2 ‘‘under section 6’’ and all that follows 

3 through ‘‘6(b)(2)’’ and inserting ‘‘or 

4 order under section 6 or 8 or title V’’. 

5 (15) EMPLOYMENT EFFECTS.—Section 24 of 

6 the Toxic Substances Control Act (15 U.S.C. 2623) 

7 is amended— 

8 (A) by striking subsection (a) and insert9 ing the following: 

10 ‘‘(a) IN GENERAL.—The Administrator shall evalu11 ate, on a continuing basis, the potential effects on employ12 ment (including reductions in employment or loss of em13 ployment from threatened plant closures) of each rule, 

14 order, and requirement under sections 4, 5, and 6, and 

15 title V.’’; and 

16 (B) in subsection (b)— 

17 (i) in paragraph (1), in the matter fol18 lowing subparagraph (B), by striking ‘‘a 

19 rule or order’’ and all that follows through 

20 ‘‘section 5 or 6’’ and inserting ‘‘a rule, 

21 order, or requirement under section 4, 5, 

22 or 6, or title V’’; and 

23 (ii) in paragraph (2)(B)(ii), by strik24 ing ‘‘section 6(c)(3), and’’ and inserting 

25 ‘‘section 6(c)(3) and title V; and’’. 
34 

•S 1391 IS

1 (16) ADMINISTRATION OF THE ACT.—Section 

2 26(b)(1) of the Toxic Substances Control Act (15 

3 U.S.C. 2625(b)(1)) is amended by inserting ‘‘or title 

4 V’’ after ‘‘section 4 or 5’’ each place it appears. 

5 (17) DEVELOPMENT AND EVALUATION OF TEST

6 METHODS.—Section 27(a) of the Toxic Substances 

7 Control Act (15 U.S.C. 2626(a)) is amended by in8 serting ‘‘or title V’’ after ‘‘section 4’’ each place it 

9 appears. 

10 (18) ANNUAL REPORT.—Section 30 of the 

11 Toxic Substances Control Act (15 U.S.C. 2629) is 

12 amended— 

13 (A) in paragraph (1), by inserting ‘‘and 

14 title V’’ after ‘‘section 4’’; 

15 (B) in paragraph (2)— 

16 (i) by inserting ‘‘or title V’’ after 

17 ‘‘section 5’’; 

18 (ii) by inserting ‘‘or title V’’ after 

19 ‘‘section 4’’; and 

20 (iii) by inserting ‘‘or title V’’ after 

21 ‘‘section 5(g)’’; and 

22 (C) in paragraph (3), by inserting ‘‘or title 

23 V’’ after ‘‘section 6’’. 

24 (19) TABLE OF CONTENTS.—The table of con25 tents of the Toxic Substances Control Act (15 
35 

•S 1391 IS

1 U.S.C. prec. 2601) is amended by adding at the end 

2 the following: 

‘‘TITLE V—CHILD SAFE CHEMICALS 

‘‘Sec. 501. Manufacturer safety certifications. 

‘‘Sec. 502. Priority list of chemical substances for EPA safety determination. 

‘‘Sec. 503. EPA Safety determination for chemical substances. 

‘‘Sec. 504. Reduction of health hazards for children, workers, and consumers. 

‘‘Sec. 505. Animal testing alternatives. 

‘‘Sec. 506. Safer alternatives and green chemistry. 

‘‘Sec. 507. Interagency Science Advisory Board on Children’s Health and 

Toxic Substances. 

‘‘Sec. 508. Cooperation with international efforts. 

‘‘Sec. 509. Public access to information. 

‘‘Sec. 510. Confidential business information. 

‘‘Sec. 511. Relationship to other law.’’. 

Æ