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[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2576 Enrolled Bill (ENR)]

        H.R.2576

                     One Hundred Fourteenth Congress

                                 of the

                        United States of America

                          AT THE SECOND SESSION

           Begun and held at the City of Washington on Monday,
           the fourth day of January, two thousand and sixteen

                                 An Act

 
 To modernize the Toxic Substances Control Act, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; 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
                ``(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;
            ``(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'';
            (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 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.
            ``(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 2 years, subject to the condition that the aggregate 
        length of extensions under this subparagraph and subsection 
        (b)(4)(G)(ii) does not exceed 2 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 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).
                ``(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 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 
            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.
        ``(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)--
            ``(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 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 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
            ``(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 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).
        ``(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'';
        (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;
            ``(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.

                               Speaker of the House of Representatives.

                            Vice President of the United States and    
                                               President of the Senate.
```