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[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2576 Engrossed Amendment Senate (EAS)]

<DOC>
  
  
  
  
  
  
  
  
  
  

                  In the Senate of the United States,

                                                     December 17, 2015.
    Resolved, That the bill from the House of Representatives (H.R. 
2576) entitled ``An Act to modernize the Toxic Substances Control Act, 
and for other purposes.'', do pass with the following

                               AMENDMENT:

            Strike all after the enacting clause and insert the 
      following:

SECTION 1. SHORT TITLE.

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

SEC. 2. FINDINGS, POLICY, AND INTENT.

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

SEC. 3. DEFINITIONS.

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

SEC. 4. POLICIES, PROCEDURES, AND GUIDANCE.

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

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

    ``(a) Definition of Guidance.--In this section, the term `guidance' 
includes any significant written guidance of general applicability 
prepared by the Administrator.
    ``(b) Deadline.--Not later than 2 years after the date of enactment 
of the Frank R. Lautenberg Chemical Safety for the 21st Century Act, 
the Administrator shall develop, after providing public notice and an 
opportunity for comment, any policies, procedures, and guidance the 
Administrator determines to be necessary to carry out sections 4, 4A, 
5, and 6, including the policies, procedures, and guidance required by 
this section.
    ``(c) Use of Science.--
            ``(1) In general.--The Administrator shall establish 
        policies, procedures, and guidance on the use of science in 
        making decisions under sections 4, 4A, 5, and 6.
            ``(2) Goal.--A goal of the policies, procedures, and 
        guidance described in paragraph (1) shall be to make the basis 
        of decisions clear to the public.
            ``(3) Requirements.--The policies, procedures, and guidance 
        issued under this section shall ensure that--
                    ``(A) decisions made by the Administrator--
                            ``(i) are based on information, procedures, 
                        measures, methods, and models employed in a 
                        manner consistent with the best available 
                        science;
                            ``(ii) take into account the extent to 
                        which--
                                    ``(I) assumptions and methods are 
                                clearly and completely described and 
                                documented;
                                    ``(II) variability and uncertainty 
                                are evaluated and characterized; and
                                    ``(III) the information has been 
                                subject to independent verification and 
                                peer review; and
                            ``(iii) are based on the weight of the 
                        scientific evidence, by which the Administrator 
                        considers all information in a systematic and 
                        integrative framework to consider the relevance 
                        of different information;
                    ``(B) to the extent practicable and if appropriate, 
                the use of peer review, standardized test design and 
                methods, consistent data evaluation procedures, and 
                good laboratory practices will be encouraged;
                    ``(C) a clear description of each individual and 
                entity that funded the generation or assessment of 
                information, and the degree of control those 
                individuals and entities had over the generation, 
                assessment, and dissemination of information (including 
                control over the design of the work and the publication 
                of information) is made available; and
                    ``(D) if appropriate, the recommendations in 
                reports of the National Academy of Sciences that 
                provide advice regarding assessing the hazards, 
                exposures, and risks of chemical substances are 
                considered.
    ``(d) Existing EPA Policies, Procedures, and Guidance.--The 
policies, procedures, and guidance described in subsection (b) shall 
incorporate existing relevant policies, procedures, and guidance, as 
appropriate and consistent with this Act.
    ``(e) Review.--Not later than 5 years after the date of enactment 
of the Frank R. Lautenberg Chemical Safety for the 21st Century Act, 
and not less frequently than once every 5 years thereafter, the 
Administrator shall--
            ``(1) review the adequacy of any policies, procedures, and 
        guidance developed under this section, including animal, 
        nonanimal, and epidemiological test methods and procedures for 
        assessing and determining risk under this Act; and
            ``(2) after providing public notice and an opportunity for 
        comment, revise the policies, procedures, and guidance if 
        necessary to reflect new scientific developments or 
        understandings.
    ``(f) Sources of Information.--In carrying out sections 4, 4A, 5, 
and 6, the Administrator shall take into consideration information 
relating to a chemical substance, including hazard and exposure 
information, under the conditions of use that is reasonably available 
to the Administrator, including information that is--
            ``(1) submitted to the Administrator pursuant to any rule, 
        consent agreement, order, or other requirement of this Act, or 
        on a voluntary basis, including pursuant to any request made 
        under this Act, by--
                    ``(A) manufacturers or processors of a substance;
                    ``(B) the public;
                    ``(C) other Federal departments or agencies; or
                    ``(D) the Governor of a State or a State agency 
                with responsibility for protecting health or the 
                environment;
            ``(2) submitted to a governmental entity in any 
        jurisdiction pursuant to a governmental requirement relating to 
        the protection of health or the environment; or
            ``(3) identified through an active search by the 
        Administrator of information sources that are publicly 
        available or otherwise accessible by the Administrator.
    ``(g) Testing of Chemical Substances and Mixtures.--
            ``(1) In general.--The Administrator shall establish 
        policies, procedures, and guidance for the testing of chemical 
        substances or mixtures under section 4.
            ``(2) Goal.--A goal of the policies, procedures, and 
        guidance established under paragraph (1) shall be to make the 
        basis of decisions clear to the public.
            ``(3) Contents.--The policies, procedures, and guidance 
        established under paragraph (1) shall--
                    ``(A) address how and when the exposure level or 
                exposure potential of a chemical substance would factor 
                into decisions to require new testing, subject to the 
                condition that the Administrator shall not interpret 
                the lack of exposure information as a lack of exposure 
                or exposure potential; and
                    ``(B) describe the manner in which the 
                Administrator will determine that additional 
                information is necessary to carry out this Act, 
                including information relating to potentially exposed 
                or susceptible populations.
            ``(4) Epidemiological studies.--Before prescribing 
        epidemiological studies of employees, the Administrator shall 
        consult with the Director of the National Institute for 
        Occupational Safety and Health.
    ``(h) Safety Assessments and Safety Determinations.--
            ``(1) Schedule.--
                    ``(A) In general.--The Administrator shall inform 
                the public regarding the schedule and the resources 
                necessary for the completion of each safety assessment 
                and safety determination as soon as practicable after 
                designation as a high-priority substance pursuant to 
                section 4A.
                    ``(B) Differing times.--The Administrator may allot 
                different times for different chemical substances in 
                the schedules under this paragraph, subject to the 
                condition that all schedules shall comply with the 
                deadlines established under section 6.
                    ``(C) Annual plan.--
                            ``(i) In general.--At the beginning of each 
                        calendar year, the Administrator shall publish 
                        an annual plan.
                            ``(ii) Inclusions.--The annual plan shall--
                                    ``(I) identify the substances 
                                subject to safety assessments and 
                                safety determinations to be completed 
                                that year;
                                    ``(II) describe the status of each 
                                safety assessment and safety 
                                determination that has been initiated 
                                but not yet completed, including 
                                milestones achieved since the previous 
                                annual report; and
                                    ``(III) if the schedule for 
                                completion of a safety assessment and 
                                safety determination prepared pursuant 
                                to subparagraph (A) has changed, 
                                include an updated schedule for that 
                                safety assessment and safety 
                                determination.
            ``(2) Policies and procedures for safety assessments and 
        safety determinations.--
                    ``(A) In general.--The Administrator shall 
                establish, by rule, policies and procedures regarding 
                the manner in which the Administrator shall carry out 
                section 6.
                    ``(B) Goal.--A goal of the policies and procedures 
                under this paragraph shall be to make the basis of 
                decisions of the Administrator clear to the public.
                    ``(C) Minimum requirements.--The policies and 
                procedures under this paragraph shall, at a minimum--
                            ``(i) describe--
                                    ``(I) the manner in which the 
                                Administrator will identify 
                                informational needs and seek that 
                                information from the public;
                                    ``(II) the information (including 
                                draft safety assessments) that may be 
                                submitted by interested individuals or 
                                entities, including States; and
                                    ``(III) the criteria by which 
                                information submitted by interested 
                                individuals or entities will be 
                                evaluated;
                            ``(ii) require that each draft and final 
                        safety assessment and safety determination of 
                        the Administrator include a description of--
                                    ``(I)(aa) the scope of the safety 
                                assessment and safety determination to 
                                be conducted under section 6, including 
                                the hazards, exposures, and conditions 
                                of use of the chemical substance, and 
                                potentially exposed and susceptible 
                                populations that the Administrator has 
                                identified as relevant; and
                                    ``(bb) the basis for the scope of 
                                the safety assessment and safety 
                                determination;
                                    ``(II) the manner in which 
                                aggregate exposures, or significant 
                                subsets of exposures, to a chemical 
                                substance under the conditions of use 
                                were considered, and the basis for that 
                                consideration;
                                    ``(III) the weight of the 
                                scientific evidence of risk; and
                                    ``(IV) the information regarding 
                                the impact on health and the 
                                environment of the chemical substance 
                                that was used to make the assessment or 
                                determination, including, as available, 
                                mechanistic, animal toxicity, and 
                                epidemiology studies;
                            ``(iii) establish a timely and transparent 
                        process for evaluating whether new information 
                        submitted or obtained after the date of a final 
                        safety assessment or safety determination 
                        warrants reconsideration of the safety 
                        assessment or safety determination; and
                            ``(iv) when relevant information is 
                        provided or otherwise made available to the 
                        Administrator, require the Administrator to 
                        consider the extent of Federal regulation under 
                        other Federal laws.
                    ``(D) Guidance.--
                            ``(i) In general.--Not later than 1 year 
                        after the date of enactment of the Frank R. 
                        Lautenberg Chemical Safety for the 21st Century 
                        Act, the Administrator shall develop guidance 
                        to assist interested persons in developing 
                        their own draft safety assessments and other 
                        information for submission to the 
                        Administrator, which may be considered by the 
                        Administrator.
                            ``(ii) Requirement.--The guidance shall, at 
                        a minimum, address the quality of the 
                        information submitted and the process to be 
                        followed in developing a draft safety 
                        assessment for consideration by the 
                        Administrator.
    ``(i) Publicly Available Information.--Subject to section 14, the 
Administrator shall--
            ``(1) make publicly available a nontechnical summary, and 
        the final version, of each safety assessment and safety 
        determination;
            ``(2) provide public notice and an opportunity for comment 
        on each proposed safety assessment and safety determination; 
        and
            ``(3) make public in a final safety assessment and safety 
        determination--
                    ``(A) the list of studies considered by the 
                Administrator in carrying out the safety assessment or 
                safety determination; and
                    ``(B) the list of policies, procedures, and 
                guidance that were followed in carrying out the safety 
                assessment or safety determination.
    ``(j) Consultation With Science Advisory Committee on Chemicals.--
            ``(1) Establishment.--Not later than 1 year after the date 
        of enactment of this section, the Administrator shall establish 
        an advisory committee, to be known as the `Science Advisory 
        Committee on Chemicals' (referred to in this subsection as the 
        `Committee').
            ``(2) Purpose.--The purpose of the Committee shall be to 
        provide independent advice and expert consultation, on the 
        request of the Administrator, with respect to the scientific 
        and technical aspects of issues relating to the implementation 
        of this title.
            ``(3) Composition.--The Committee shall be composed of 
        representatives of such science, government, labor, public 
        health, public interest, animal protection, industry, and other 
        groups as the Administrator determines to be advisable, 
        including, at a minimum, representatives that have specific 
        scientific expertise in the relationship of chemical exposures 
        to women, children, and other potentially exposed or 
        susceptible populations.
            ``(4) Schedule.--The Administrator shall convene the 
        Committee in accordance with such schedule as the Administrator 
        determines to be appropriate, but not less frequently than once 
        every 2 years.
            ``(5) Relationship to other law.--All proceedings and 
        meetings of the Committee shall be subject to the Federal 
        Advisory Committee Act (5 U.S.C. App.).''.

SEC. 5. TESTING OF CHEMICAL SUBSTANCES OR MIXTURES.

    (a) In General.--Section 4 of the Toxic Substances Control Act (15 
U.S.C. 2603) is amended--
            (1) by striking subsections (a), (b), (c), (d), (e), and 
        (g);
            (2) in subsection (f)--
                    (A) in the first sentence--
                            (i) by striking ``from cancer, gene 
                        mutations, or birth defects''; and
                            (ii) by inserting ``, without taking into 
                        account cost or other nonrisk factors'' before 
                        the period at the end; and
                    (B) by striking the last sentence; and
            (3) by inserting before subsection (f) the following:
    ``(a) Development of New Information on Chemical Substances and 
Mixtures.--
            ``(1) In general.--The Administrator may require the 
        development of new information relating to a chemical substance 
        or mixture in accordance with this section if the Administrator 
        determines that the information is necessary--
                    ``(A) to review a notice under section 5(d) or to 
                perform a safety assessment or safety determination 
                under section 6;
                    ``(B) to implement a requirement imposed in a 
                consent agreement or order issued under section 5(d)(4) 
                or under a rule promulgated under section 6(d)(3);
                    ``(C) pursuant to section 12(a)(4); or
                    ``(D) at the request of the implementing authority 
                under another Federal law, to meet the regulatory 
                testing needs of that authority.
            ``(2) Limited testing for prioritization purposes.--
                    ``(A) In general.--Except as provided in 
                subparagraph (B), the Administrator may require the 
                development of new information for the purposes of 
                section 4A.
                    ``(B) Prohibition.--Testing required under 
                subparagraph (A) shall not be required for the purpose 
                of establishing or implementing a minimum information 
                requirement.
                    ``(C) Limitation.--The Administrator may require 
                the development of new information pursuant to 
                subparagraph (A) only if the Administrator determines 
                that additional information is necessary to establish 
                the priority of a chemical substance.
            ``(3) Form.--The Administrator may require the development 
        of information described in paragraph (1) or (2) by--
                    ``(A) promulgating a rule;
                    ``(B) entering into a testing consent agreement; or
                    ``(C) issuing an order.
            ``(4) Contents.--
                    ``(A) In general.--A rule, testing consent 
                agreement, or order issued under this subsection shall 
                include--
                            ``(i) identification of the chemical 
                        substance or mixture for which testing is 
                        required;
                            ``(ii) identification of the persons 
                        required to conduct the testing;
                            ``(iii) test protocols and methodologies 
                        for the development of information for the 
                        chemical substance or mixture, including 
                        specific reference to any reliable nonanimal 
                        test procedures; and
                            ``(iv) specification of the period within 
                        which individuals and entities required to 
                        conduct the testing shall submit to the 
                        Administrator the information developed in 
                        accordance with the procedures described in 
                        clause (iii).
                    ``(B) Considerations.--In determining the 
                procedures and period to be required under subparagraph 
                (A), the Administrator shall take into consideration--
                            ``(i) the relative costs of the various 
                        test protocols and methodologies that may be 
                        required;
                            ``(ii) the reasonably foreseeable 
                        availability of facilities and personnel 
                        required to perform the testing; and
                            ``(iii) the deadlines applicable to the 
                        Administrator under section 6(a).
            ``(5) Consideration of federal agency recommendations.--The 
        Administrator shall consider the recommendations of other 
        Federal agencies regarding the chemical substances and mixtures 
        to which the Administrator shall give priority consideration 
        under this section.
    ``(b) Statement of Need.--
            ``(1) In general.--In promulgating a rule, entering into a 
        testing consent agreement, or issuing an order for the 
        development of additional information (including information on 
        exposure or exposure potential) pursuant to this section, the 
        Administrator shall--
                    ``(A) identify the need intended to be met by the 
                rule, agreement, or order;
                    ``(B) explain why information reasonably available 
                to the Administrator at that time is inadequate to meet 
                that need, including a reference, as appropriate, to 
                the information identified in paragraph (2)(B); and
                    ``(C) explain the basis for any decision that 
                requires the use of vertebrate animals.
            ``(2) Explanation in case of order.--
                    ``(A) In general.--If the Administrator issues an 
                order under this section, the Administrator shall issue 
                a statement providing a justification for why issuance 
                of an order is warranted instead of promulgating a rule 
                or entering into a testing consent agreement.
                    ``(B) Contents.--A statement described in 
                subparagraph (A) shall contain a description of--
                            ``(i) information that is readily 
                        accessible to the Administrator, including 
                        information submitted under any other provision 
                        of law;
                            ``(ii) the extent to which the 
                        Administrator has obtained or attempted to 
                        obtain the information through voluntary 
                        submissions; and
                            ``(iii) any information relied on in safety 
                        assessments for other chemical substances 
                        relevant to the chemical substances that would 
                        be the subject of the order.
    ``(c) Reduction of Testing on Vertebrates.--
            ``(1) In general.--The Administrator shall minimize, to the 
        extent practicable, the use of vertebrate animals in testing of 
        chemical substances or mixtures, by--
                    ``(A) prior to making a request or adopting a 
                requirement for testing using vertebrate animals, 
                taking into consideration, as appropriate and to the 
                extent practicable, reasonably available--
                            ``(i) toxicity information;
                            ``(ii) computational toxicology and 
                        bioinformatics;
                            ``(iii) high-throughput screening methods 
                        and the prediction models of those methods; and
                            ``(iv) scientifically reliable and relevant 
                        alternatives to tests on animals that would 
                        provide equivalent information;
                    ``(B) encouraging and facilitating--
                            ``(i) the use of integrated and tiered 
                        testing and assessment strategies;
                            ``(ii) the use of best available science in 
                        existence on the date on which the test is 
                        conducted;
                            ``(iii) the use of test methods that 
                        eliminate or reduce the use of animals while 
                        providing information of high scientific 
                        quality;
                            ``(iv) the grouping of 2 or more chemical 
                        substances into scientifically appropriate 
                        categories in cases in which testing of a 
                        chemical substance would provide reliable and 
                        useful information on other chemical substances 
                        in the category;
                            ``(v) the formation of industry consortia 
                        to jointly conduct testing to avoid unnecessary 
                        duplication of tests; and
                            ``(vi) the submission of information from--
                                    ``(I) animal-based studies; and
                                    ``(II) emerging methods and models; 
                                and
                    ``(C) funding research and validation studies to 
                reduce, refine, and replace the use of animal tests in 
                accordance with this subsection.
            ``(2) Implementation of alternative testing methods.--To 
        promote the development and timely incorporation of new testing 
        methods that are not based on vertebrate animals, the 
        Administrator shall--
                    ``(A) not later than 2 years after the date of 
                enactment of the Frank R. Lautenberg Chemical Safety 
                for the 21st Century Act, develop a strategic plan to 
                promote the development and implementation of 
                alternative test methods and testing strategies to 
                generate information under this title that can reduce, 
                refine, or replace the use of vertebrate animals, 
                including toxicity pathway-based risk assessment, in 
                vitro studies, systems biology, computational 
                toxicology, bioinformatics, and high-throughput 
                screening;
                    ``(B) as practicable, ensure that the strategic 
                plan developed under subparagraph (A) is reflected in 
                the development of requirements for testing under this 
                section;
                    ``(C) identify in the strategic plan developed 
                under subparagraph (A) particular alternative test 
                methods or testing strategies that do not require new 
                vertebrate animal testing and are scientifically 
                reliable, relevant, and capable of providing 
                information of equivalent scientific reliability and 
                quality to that which would be obtained from vertebrate 
                animal testing;
                    ``(D) provide an opportunity for public notice and 
                comment on the contents of the plan developed under 
                subparagraph (A), including the criteria for 
                considering scientific reliability, relevance, and 
                equivalent information and the test methods and 
                strategies identified in subparagraph (C);
                    ``(E) beginning on the date that is 5 years after 
                the date of enactment of the Frank R. Lautenberg 
                Chemical Safety for the 21st Century Act and every 5 
                years thereafter, submit to Congress a report that 
                describes the progress made in implementing this 
                subsection and goals for future alternative test 
                methods implementation;
                    ``(F) fund and carry out research, development, 
                performance assessment, and translational studies to 
                accelerate the development of test methods and testing 
                strategies that reduce, refine, or replace the use of 
                vertebrate animals in any testing under this title; and
                    ``(G) identify synergies with the related 
                information requirements of other jurisdictions to 
                minimize the potential for additional or duplicative 
                testing.
            ``(3) Criteria for adapting or waiving animal testing 
        requirements.--On request from a manufacturer or processor that 
        is required to conduct testing of a chemical substance or 
        mixture on vertebrate animals under this section, the 
        Administrator may adapt or waive the requirement, if the 
        Administrator determines that--
                    ``(A) there is sufficient evidence from several 
                independent sources of information to support a 
                conclusion that a chemical substance or mixture has, or 
                does not have, a particular property if the information 
                from each individual source alone is insufficient to 
                support the conclusion;
                    ``(B) as a result of 1 or more physical or chemical 
                properties of the chemical substance or mixture or 
                other toxicokinetic considerations--
                            ``(i) the substance cannot be absorbed; or
                            ``(ii) testing for a specific endpoint is 
                        technically not practicable to conduct; or
                    ``(C) a chemical substance or mixture cannot be 
                tested in vertebrate animals at concentrations that do 
                not result in significant pain or distress, because of 
                physical or chemical properties of the chemical 
                substance or mixture, such as a potential to cause 
                severe corrosion or severe irritation to the tissues of 
                the animal.
            ``(4) Voluntary testing.--
                    ``(A) In general.--Any person developing 
                information for submission under this title on a 
                voluntary basis and not pursuant to any request or 
                requirement by the Administrator shall first attempt to 
                develop the information by means of an alternative or 
                nonanimal test method or testing strategy that the 
                Administrator has determined under paragraph (2)(C) to 
                be scientifically reliable, relevant, and capable of 
                providing equivalent information, before conducting new 
                animal testing.
                    ``(B) Effect of paragraph.--Nothing in this 
                paragraph--
                            ``(i) requires the Administrator to review 
                        the basis on which the person is conducting 
                        testing described in subparagraph (A);
                            ``(ii) prohibits the use of other test 
                        methods or testing strategies by any person for 
                        purposes other than developing information for 
                        submission under this title on a voluntary 
                        basis; or
                            ``(iii) prohibits the use of other test 
                        methods or testing strategies by any person, 
                        subsequent to the attempt to develop 
                        information using the test methods and testing 
                        strategies identified by the Administrator 
                        under paragraph (2)(C).
    ``(d) Testing Requirements.--
            ``(1) In general.--The Administrator may require the 
        development of information by--
                    ``(A) manufacturers and processors of the chemical 
                substance or mixture; and
                    ``(B) persons that begin to manufacture or process 
                the chemical substance or mixture after the effective 
                date of the rule, testing consent agreement, or order.
            ``(2) Designation.--The Administrator may permit 2 or more 
        persons identified in subparagraph (A) or (B) of paragraph (1) 
        to designate 1 of the persons or a qualified third party--
                    ``(A) to develop the information; and
                    ``(B) to submit the information on behalf of the 
                persons making the designation.
            ``(3) Exemptions.--
                    ``(A) In general.--A person otherwise subject to a 
                rule, testing consent agreement, or order under this 
                section may submit to the Administrator an application 
                for an exemption on the basis that submission of 
                information by the applicant on the chemical substance 
                or mixture would be duplicative of--
                            ``(i) information on the chemical substance 
                        or mixture that--
                                    ``(I) has been submitted to the 
                                Administrator pursuant to a rule, 
                                consent agreement, or order under this 
                                section; or
                                    ``(II) is being developed by a 
                                person designated under paragraph (2); 
                                or
                            ``(ii) information on an equivalent 
                        chemical substance or mixture that--
                                    ``(I) has been submitted to the 
                                Administrator pursuant to a rule, 
                                consent agreement, or order under this 
                                section; or
                                    ``(II) is being developed by a 
                                person designated under paragraph (2).
                    ``(B) Fair and equitable reimbursement to 
                designee.--
                            ``(i) In general.--If the Administrator 
                        accepts an application submitted under 
                        subparagraph (A), before the end of the 
                        reimbursement period described in clause (iii), 
                        the Administrator shall direct the applicant to 
                        provide to the person designated under 
                        paragraph (2) fair and equitable reimbursement, 
                        as agreed to between the applicant and the 
                        designee.
                            ``(ii) Arbitration.--If the applicant and a 
                        person designated under paragraph (2) cannot 
                        reach agreement on the amount of fair and 
                        equitable reimbursement, the amount shall be 
                        determined by arbitration.
                            ``(iii) Reimbursement period.--For the 
                        purposes of this subparagraph, the 
                        reimbursement period for any information for a 
                        chemical substance or mixture is a period--
                                    ``(I) beginning on the date the 
                                information is submitted in accordance 
                                with a rule, testing consent agreement, 
                                or order under this section; and
                                    ``(II) ending on the later of--
                                            ``(aa) 5 years after the 
                                        date referred to in subclause 
                                        (I); or
                                            ``(bb) the last day of the 
                                        period that begins on the date 
                                        referred to in subclause (I) 
                                        and that is equal to the period 
                                        that the Administrator 
                                        determines was necessary to 
                                        develop the information.
                    ``(C) Termination.--If, after granting an exemption 
                under this paragraph, the Administrator determines that 
                no person designated under paragraph (2) has complied 
                with the rule, testing consent agreement, or order, the 
                Administrator shall--
                            ``(i) by order, terminate the exemption; 
                        and
                            ``(ii) notify in writing each person that 
                        received an exemption of the requirements with 
                        respect to which the exemption was granted.
            ``(4) Tiered testing.--
                    ``(A) In general.--Except as provided in 
                subparagraph (D), the Administrator shall employ a 
                tiered screening and testing process, under which the 
                results of screening-level tests or assessments of 
                available information inform the decision as to whether 
                1 or more additional tests are necessary.
                    ``(B) Screening-level tests.--
                            ``(i) In general.--The screening-level 
                        tests required for a chemical substance or 
                        mixture may include tests for hazard (which may 
                        include in silico, in vitro, and in vivo 
                        tests), environmental and biological fate and 
                        transport, and measurements or modeling of 
                        exposure or exposure potential, as appropriate.
                            ``(ii) Use.--Screening-level tests shall be 
                        used--
                                    ``(I) to screen chemical substances 
                                or mixtures for potential adverse 
                                effects; and
                                    ``(II) to inform a decision of the 
                                Administrator regarding whether more 
                                complex or targeted additional testing 
                                is necessary.
                    ``(C) Additional testing.--If the Administrator 
                determines under subparagraph (B) that additional 
                testing is necessary to provide more definitive 
                information for safety assessments or safety 
                determinations, the Administrator may require more 
                advanced tests for potential health or environmental 
                effects or exposure potential.
                    ``(D) Advanced testing without screening.--The 
                Administrator may require more advanced testing without 
                conducting screening-level testing when other 
                information available to the Administrator justifies 
                the advanced testing, pursuant to guidance developed by 
                the Administrator under this section.
    ``(e) Transparency.--Subject to section 14, the Administrator shall 
make available to the public all testing consent agreements and orders 
and all information submitted under this section.''.
    (b) Conforming Amendment.--Section 104(i)(5)(A) of the 
Comprehensive Environmental Response, Compensation, and Liability Act 
of 1980 (42 U.S.C. 9604(i)(5)(A)) is amended in the third sentence by 
inserting ``(as in effect on the day before the date of enactment of 
the Frank R. Lautenberg Chemical Safety for the 21st Century Act)'' 
after ``Toxic Substances Control Act''.

SEC. 6. PRIORITIZATION SCREENING.

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

``SEC. 4A. PRIORITIZATION SCREENING.

    ``(a) Prioritization Screening Process and List of Substances.--
            ``(1) In general.--Not later than 1 year after the date of 
        enactment of this section, the Administrator shall establish, 
        by rule, a risk-based screening process and criteria for 
        identifying existing chemical substances that are--
                    ``(A) a high priority for a safety assessment and 
                safety determination under section 6 (referred to in 
                this Act as `high-priority substances'); and
                    ``(B) a low priority for a safety assessment and 
                safety determination (referred to in this Act as `low-
                priority substances').
            ``(2) Initial and subsequent lists of high- and low-
        priority substances.--
                    ``(A) In general.--Before the date of promulgation 
                of the rule under paragraph (1) and not later than 180 
                days after the date of enactment of this section, the 
                Administrator shall publish an initial list of high-
                priority substances and low-priority substances.
                    ``(B) Requirements.--
                            ``(i) In general.--The initial list of 
                        chemical substances shall contain at least 10 
                        high-priority substances, at least 5 of which 
                        are drawn from the list of chemical substances 
                        identified by the Administrator in the October 
                        2014 TSCA Work Plan and subsequent updates, and 
                        at least 10 low-priority substances.
                            ``(ii) Subsequently identified 
                        substances.--Insofar as possible, at least 50 
                        percent of all substances subsequently 
                        identified by the Administrator as high-
                        priority substances shall be drawn from the 
                        list of chemical substances identified by the 
                        Administrator in the October 2014 TSCA Work 
                        Plan and subsequent updates, until all Work 
                        Plan chemicals have been designated under this 
                        subsection.
                            ``(iii) Preferences.--
                                    ``(I) In general.--In developing 
                                the initial list and in identifying 
                                additional high-priority substances, 
                                the Administrator shall give preference 
                                to--
                                            ``(aa) chemical substances 
                                        that, with respect to 
                                        persistence and 
                                        bioaccumulation, score high for 
                                        1 and either high or moderate 
                                        for the other, pursuant to the 
                                        TSCA Work Plan Chemicals 
                                        Methods Document published by 
                                        the Administrator in February 
                                        2012; and
                                            ``(bb) chemical substances 
                                        listed in the October 2014 TSCA 
                                        Work Plan and subsequent 
                                        updates that are known human 
                                        carcinogens and have high acute 
                                        and chronic toxicity.
                                    ``(II) Metals and metal 
                                compounds.--In prioritizing and 
                                assessing metals and metal compounds, 
                                the Administrator shall use the 
                                Framework for Metals Risk Assessment of 
                                the Office of the Science Advisor, Risk 
                                Assessment Forum, and dated March 2007 
                                (or a successor document), and may use 
                                other applicable information consistent 
                                with the best available science.
                    ``(C) Additional chemical reviews.--The 
                Administrator shall, as soon as practicable and not 
                later than--
                            ``(i) 3 years after the date of enactment 
                        of the Frank R. Lautenberg Chemical Safety for 
                        the 21st Century Act, add additional high-
                        priority substances sufficient to ensure that 
                        at least a total of 20 high-priority substances 
                        have undergone or are undergoing the process 
                        established in section 6(a), and additional 
                        low-priority substances sufficient to ensure 
                        that at least a total of 20 low-priority 
                        substances have been designated; and
                            ``(ii) 5 years after the date of enactment 
                        of the Frank R. Lautenberg Chemical Safety for 
                        the 21st Century Act, add additional high-
                        priority substances sufficient to ensure that 
                        at least a total of 25 high-priority substances 
                        have undergone or are undergoing the process 
                        established in section 6(a), and additional 
                        low-priority substances sufficient to ensure 
                        that at least a total of 25 low-priority 
                        substances have been designated.
            ``(3) Implementation.--
                    ``(A) Consideration of active and inactive 
                substances.--
                            ``(i) Active substances.--In implementing 
                        the prioritization screening process 
                        established under paragraph (1), the 
                        Administrator shall take into consideration 
                        active substances, as determined under section 
                        8, which may include chemical substances on the 
                        interim list of active substances established 
                        under that section.
                            ``(ii) Inactive substances.--In 
                        implementing the prioritization screening 
                        process established under paragraph (1), the 
                        Administrator may take into consideration 
                        inactive substances, as determined under 
                        section 8, that the Administrator determines--
                                    ``(I)(aa) have not been subject to 
                                a regulatory or other enforceable 
                                action by the Administrator to ban or 
                                phase out the substances; and
                                    ``(bb) have the potential for high 
                                hazard and widespread exposure; or
                                    ``(II)(aa) have been subject to a 
                                regulatory or other enforceable action 
                                by the Administrator to ban or phase 
                                out the substances; and
                                    ``(bb) with respect to which there 
                                exists the potential for residual high 
                                hazards or widespread exposures not 
                                otherwise addressed by the regulatory 
                                or other action.
                            ``(iii) Repopulation.--
                                    ``(I) In general.--On the 
                                completion of a safety determination 
                                under section 6 for a chemical 
                                substance, the Administrator shall 
                                remove the chemical substance from the 
                                list of high-priority substances 
                                established under this subsection.
                                    ``(II) Additions.--The 
                                Administrator shall add at least 1 
                                chemical substance to the list of high-
                                priority substances for each chemical 
                                substance removed from the list of 
                                high-priority substances established 
                                under this subsection, until a safety 
                                assessment and safety determination is 
                                completed for all chemical substances 
                                not designated as high-priority.
                    ``(B) Timely completion of prioritization screening 
                process.--
                            ``(i) In general.--The Administrator 
                        shall--
                                    ``(I) except as provided under 
                                paragraph (2), not later than 180 days 
                                after the effective date of the final 
                                rule under paragraph (1), begin the 
                                prioritization screening process; and
                                    ``(II) make every effort to 
                                complete the designation of all active 
                                substances as high-priority substances 
                                or low-priority substances in a timely 
                                manner.
                            ``(ii) Decisions on substances subject to 
                        testing for prioritization purposes.--Not later 
                        than 90 days after the date of receipt of 
                        information regarding a chemical substance 
                        complying with a rule, testing consent 
                        agreement, or order issued under section 
                        4(a)(2), the Administrator shall designate the 
                        chemical substance as a high-priority substance 
                        or low-priority substance.
                            ``(iii) Consideration.--
                                    ``(I) In general.--The 
                                Administrator shall screen substances 
                                and designate high-priority substances 
                                consistent with the ability of the 
                                Administrator to schedule and complete 
                                safety assessments and safety 
                                determinations under section 6 in 
                                accordance with the deadlines under 
                                subsection (a) of that section.
                                    ``(II) Annual goal.--The 
                                Administrator shall publish an annual 
                                goal for the number of chemical 
                                substances to be subject to the 
                                prioritization screening process.
                    ``(C) Screening of categories of substances.--The 
                Administrator may screen categories of chemical 
                substances to ensure an efficient prioritization 
                screening process to allow for timely and adequate 
                designations of high-priority substances and low-
                priority substances and safety assessments and safety 
                determinations for high-priority substances.
                    ``(D) Publication of list of chemical substances.--
                The Administrator shall keep current and publish a list 
                of chemical substances that includes and identifies 
                substances--
                            ``(i) that are being considered in the 
                        prioritization screening process and the status 
                        of the substances in the prioritization 
                        process;
                            ``(ii) for which prioritization decisions 
                        have been postponed pursuant to subsection 
                        (b)(5), including the basis for the 
                        postponement; and
                            ``(iii) that are designated as high-
                        priority substances or low-priority substances, 
                        including the bases for such designations.
            ``(4) Criteria.--The criteria described in paragraph (1) 
        shall account for--
                    ``(A) the recommendation of the Governor of a State 
                or a State agency with responsibility for protecting 
                health or the environment from chemical substances 
                appropriate for prioritization screening;
                    ``(B) the hazard and exposure potential of the 
                chemical substance (or category of substances), 
                including persistence, bioaccumulation, and specific 
                scientific classifications and designations by 
                authoritative governmental entities;
                    ``(C) the conditions of use or significant changes 
                in the conditions of use of the chemical substance;
                    ``(D) evidence and indicators of exposure potential 
                to humans or the environment from the chemical 
                substance, including potentially exposed or susceptible 
                populations and storage near significant sources of 
                drinking water;
                    ``(E) the volume of a chemical substance 
                manufactured or processed;
                    ``(F) whether the volume of a chemical substance as 
                reported pursuant to a rule promulgated pursuant to 
                section 8(a) has significantly increased or decreased;
                    ``(G) the availability of information regarding 
                potential hazards and exposures required for conducting 
                a safety assessment or safety determination, with 
                limited availability of relevant information to be a 
                sufficient basis for designating a chemical substance 
                as a high-priority substance, subject to the condition 
                that limited availability shall not require designation 
                as a high-priority substance; and
                    ``(H) the extent of Federal or State regulation of 
                the chemical substance or the extent of the impact of 
                State regulation of the chemical substance on the 
                United States, with existing Federal or State 
                regulation of any uses evaluated in the prioritization 
                screening process as a factor in designating a chemical 
                substance to be a high-priority or a low-priority 
                substance.
    ``(b) Prioritization Screening Process and Decisions.--
            ``(1) In general.--In implementing the prioritization 
        screening process developed under subsection (a), the 
        Administrator shall--
                    ``(A) identify the chemical substances being 
                considered for prioritization;
                    ``(B) request interested persons to supply 
                information regarding the chemical substances being 
                considered;
                    ``(C) apply the criteria identified in subsection 
                (a)(4); and
                    ``(D) subject to paragraph (5) and using the 
                information available to the Administrator at the time 
                of the decision, identify a chemical substance as a 
                high-priority substance or a low-priority substance.
            ``(2) Reasonably available information.--The prioritization 
        screening decision regarding a chemical substance shall 
        consider any hazard and exposure information relating to the 
        chemical substance that is reasonably available to the 
        Administrator.
            ``(3) Identification of high-priority substances.--The 
        Administrator--
                    ``(A) shall identify as a high-priority substance a 
                chemical substance that, relative to other active 
                chemical substances, the Administrator determines has 
                the potential for significant hazard and significant 
                exposure;
                    ``(B) may identify as a high-priority substance a 
                chemical substance that, relative to other active 
                chemical substances, the Administrator determines has 
                the potential for significant hazard or significant 
                exposure; and
                    ``(C) may identify as a high-priority substance an 
                inactive substance, as determined under subsection 
                (a)(3)(A)(ii) and section 8(b), that the Administrator 
                determines warrants a safety assessment and safety 
                determination under section 6.
            ``(4) Identification of low-priority substances.--The 
        Administrator shall identify as a low-priority substance a 
        chemical substance that the Administrator concludes has 
        information sufficient to establish that the chemical substance 
        is likely to meet the safety standard.
            ``(5) Postponing a decision.--If the Administrator 
        determines that additional information is needed to establish 
        the priority of a chemical substance under this section, the 
        Administrator may postpone a prioritization screening decision 
        for a reasonable period--
                    ``(A) to allow for the submission of additional 
                information by an interested person and for the 
                Administrator to evaluate the additional information; 
                or
                    ``(B) to require the development of information 
                pursuant to a rule, testing consent agreement, or order 
                issued under section 4(a)(2).
            ``(6) Deadlines for submission of information.--If the 
        Administrator requests the development or submission of 
        information under this section, the Administrator shall 
        establish a deadline for submission of the information.
            ``(7) Notice and comment.--The Administrator shall--
                    ``(A) publish, including in the Federal Register, 
                the proposed decisions made under paragraphs (3), (4), 
                and (5) and the basis for the decisions;
                    ``(B) identify the information and analysis on 
                which the decisions are based; and
                    ``(C) provide 90 days for public comment.
            ``(8) Revisions of prior designations.--
                    ``(A) In general.--At any time, the Administrator 
                may revise the designation of a chemical substance as a 
                high-priority substance or a low-priority substance 
                based on information available to the Administrator 
                after the date of the determination under paragraph (3) 
                or (4).
                    ``(B) Limited availability.--If limited 
                availability of relevant information was a basis in the 
                designation of a chemical substance as a high-priority 
                substance, the Administrator shall reevaluate the 
                prioritization screening of the chemical substance on 
                receiving the relevant information.
            ``(9) Other information relevant to prioritization.--
                    ``(A) In general.--If, after the date of enactment 
                of the Frank R. Lautenberg Chemical Safety for the 21st 
                Century Act, a State proposes an administrative action 
                or enacts a statute or takes an administrative action 
                to prohibit or otherwise restrict the manufacturing, 
                processing, distribution in commerce, or use of a 
                chemical substance that the Administrator has not 
                designated as a high-priority substance, the Governor 
                or State agency with responsibility for implementing 
                the statute or administrative action shall notify the 
                Administrator.
                    ``(B) Requests for information.--Following receipt 
                of a notification provided under subparagraph (A), the 
                Administrator may request any available information 
                from the Governor or the State agency with respect to--
                            ``(i) scientific evidence related to the 
                        hazards, exposures and risks of the chemical 
                        substance under the conditions of use which the 
                        statute or administrative action is intended to 
                        address;
                            ``(ii) any State or local conditions which 
                        warranted the statute or administrative action;
                            ``(iii) the statutory or administrative 
                        authority on which the action is based; and
                            ``(iv) any other available information 
                        relevant to the prohibition or other 
                        restriction, including information on any 
                        alternatives considered and their hazards, 
                        exposures, and risks.
                    ``(C) Prioritization screening.--The Administrator 
                shall conduct a prioritization screening under this 
                subsection for all substances that--
                            ``(i) are the subject of notifications 
                        received under subparagraph (A); and
                            ``(ii) the Administrator determines--
                                    ``(I) are likely to have 
                                significant health or environmental 
                                impacts;
                                    ``(II) are likely to have 
                                significant impact on interstate 
                                commerce; or
                                    ``(III) have been subject to a 
                                prohibition or other restriction under 
                                a statute or administrative action in 2 
                                or more States.
                    ``(D) Post-prioritization notice.--If, after the 
                date of enactment of the Frank R. Lautenberg Chemical 
                Safety for the 21st Century Act, a State proposes or 
                takes an administrative action or enacts a statute to 
                prohibit or otherwise restrict the manufacturing, 
                processing, distribution in commerce, or use of a high-
                priority substance, after the date on which the 
                deadline established pursuant to subsection (a) of 
                section 6 for completion of the safety determination 
                under that subsection expires but before the date on 
                which the Administrator publishes the safety 
                determination under that subsection, the Governor or 
                State agency with responsibility for implementing the 
                statute or administrative action shall--
                            ``(i) notify the Administrator; and
                            ``(ii) provide the scientific and legal 
                        basis for the action.
                    ``(E) Availability to public.--Subject to section 
                14 and any applicable State law regarding the 
                protection of confidential information provided to the 
                State or to the Administrator, the Administrator shall 
                make information received from a Governor or State 
                agency under subparagraph (A) publicly available.
                    ``(F) Effect of paragraph.--Nothing in this 
                paragraph shall preempt a State statute or 
                administrative action, require approval of a State 
                statute or administrative action, or apply section 15 
                to a State.
            ``(10) Review.--Not less frequently than once every 5 years 
        after the date on which the process under this subsection is 
        established, the Administrator shall--
                    ``(A) review the process on the basis of experience 
                and taking into consideration resources available to 
                efficiently and effectively screen and prioritize 
                chemical substances; and
                    ``(B) if necessary, modify the prioritization 
                screening process.
            ``(11) Effect.--Subject to section 18, a designation by the 
        Administrator under this section with respect to a chemical 
        substance shall not affect--
                    ``(A) the manufacture, processing, distribution in 
                commerce, use, or disposal of the chemical substance; 
                or
                    ``(B) the regulation of those activities.
    ``(c) Additional Priorities for Safety Assessments and 
Determinations.--
            ``(1) Requirements.--
                    ``(A) In general.--The rule promulgated under 
                subsection (a) shall--
                            ``(i) include a process by which a 
                        manufacturer or processor of an active chemical 
                        substance that has not been designated a high-
                        priority substance or is not in the process of 
                        a prioritization screening by the 
                        Administrator, may request that the 
                        Administrator designate the substance as an 
                        additional priority for a safety assessment and 
                        safety determination, subject to the payment of 
                        fees pursuant to section 26(b)(3)(D);
                            ``(ii) specify the information to be 
                        provided in such requests; and
                            ``(iii) specify the criteria (which may 
                        include criteria identified in subsection 
                        (a)(4)) that the Administrator shall use to 
                        determine whether or not to grant such a 
                        request, which shall include whether the 
                        substance is subject to restrictions imposed by 
                        statutes enacted or administrative actions 
                        taken by 1 or more States on the manufacture, 
                        processing, distribution in commerce, or use of 
                        the substance.
                    ``(B) Preference.--Subject to paragraph (2), in 
                deciding whether to grant requests under this 
                subsection the Administrator shall give a preference to 
                requests concerning substances for which the 
                Administrator determines that restrictions imposed by 1 
                or more States have the potential to have a significant 
                impact on interstate commerce or health or the 
                environment.
                    ``(C) Exceptions.--Chemical substances for which 
                requests have been granted under this subsection shall 
                not be subject to subsection (a)(3)(A)(iii) or section 
                18(b).
            ``(2) Limitations.--In considering whether to grant a 
        request submitted under paragraph (1), the Administrator shall 
        ensure that--
                    ``(A) the number of substances designated to 
                undergo safety assessments and safety determinations 
                under the process and criteria pursuant to paragraph 
                (1) is not less than 25 percent, or more than 30 
                percent, of the cumulative number of substances 
                designated to undergo safety assessments and safety 
                determinations under subsections (a)(2) and (b)(3) 
                (except that if less than 25 percent are received by 
                the Administrator, the Administrator shall grant each 
                request that meets the requirements of paragraph (1));
                    ``(B) the resources allocated to conducting safety 
                assessments and safety determinations for additional 
                priorities designated under this subsection are 
                proportionate to the number of such substances relative 
                to the total number of substances currently designated 
                to undergo safety assessments and safety determinations 
                under this section; and
                    ``(C) the number of additional priority requests 
                stipulated under subparagraph (A) is in addition to the 
                total number of high-priority substances identified 
                under subsections (a)(2) and (b)(3).
            ``(3) Additional review of work plan chemicals for safety 
        assessment and safety determination.--In the case of a request 
        under paragraph (1) with respect to a chemical substance 
        identified by the Administrator in the October 2014 TSCA Work 
        Plan--
                    ``(A) the 30-percent cap specified in paragraph 
                (2)(A) shall not apply and the addition of Work Plan 
                chemicals shall be at the discretion of the 
                Administrator; and
                    ``(B) notwithstanding paragraph (1)(C), requests 
                for additional Work Plan chemicals under this 
                subsection shall be considered high-priority chemicals 
                subject to section 18(b) but not subsection 
                (a)(3)(A)(iii).
            ``(4) Requirements.--
                    ``(A) In general.--The public shall be provided 
                notice and an opportunity to comment on requests 
                submitted under this subsection.
                    ``(B) Decision by administrator.--Not later than 
                180 days after the date on which the Administrator 
                receives a request under this subsection, the 
                Administrator shall decide whether or not to grant the 
                request.
                    ``(C) Assessment and determination.--If the 
                Administrator grants a request under this subsection, 
                the safety assessment and safety determination--
                            ``(i) shall be conducted in accordance with 
                        the deadlines and other requirements of 
                        sections 3A(i) and 6; and
                            ``(ii) shall not be expedited or otherwise 
                        subject to special treatment relative to high-
                        priority substances designated pursuant to 
                        subsection (b)(3) that are undergoing safety 
                        assessments and safety determinations.''.

SEC. 7. NEW CHEMICALS AND SIGNIFICANT NEW USES.

    Section 5 of the Toxic Substances Control Act (15 U.S.C. 2604) is 
amended--
            (1) by striking the section designation and heading and 
        inserting the following:

``SEC. 5. NEW CHEMICALS AND SIGNIFICANT NEW USES.'';

            (2) by striking subsection (b);
            (3) by redesignating subsection (a) as subsection (b);
            (4) by redesignating subsection (i) as subsection (a) and 
        moving the subsection so as to appear at the beginning of the 
        section;
            (5) in subsection (b) (as so redesignated)--
                    (A) in the subsection heading, by striking ``In 
                General'' and inserting ``Notices'';
                    (B) in paragraph (1)--
                            (i) in the matter preceding subparagraph 
                        (A), by striking ``subsection (h)'' and 
                        inserting ``paragraph (3) and subsection (h)''; 
                        and
                            (ii) in the matter following subparagraph 
                        (B)--
                                    (I) by striking ``subsection (d)'' 
                                and inserting ``subsection (c)''; and
                                    (II) by striking ``and such person 
                                complies with any applicable 
                                requirement of subsection (b)''; and
                    (C) by adding at the end the following:
            ``(3) Article consideration.--The Administrator may require 
        notification under this section for the import or processing of 
        a chemical substance as part of an article or category of 
        articles under paragraph (1)(B) if the Administrator makes an 
        affirmative finding in a rule under paragraph (2) that the 
        reasonable potential for exposure to the chemical substance 
        through the article or category of articles subject to the rule 
        warrants notification.'';
            (6) by redesignating subsections (c) and (d) as subsections 
        (d) and (c), respectively, and moving subsection (c) (as so 
        redesigned) so as appear after subsection (b) (as redesignated 
        by paragraph (3));
            (7) in subsection (c) (as so redesignated)--
                    (A) by striking paragraph (1) and inserting the 
                following:
            ``(1) In general.--The notice required by subsection (b) 
        shall include, with respect to a chemical substance--
                    ``(A) the information required by sections 720.45 
                and 720.50 of title 40, Code of Federal Regulations (or 
                successor regulations); and
                    ``(B) all known or reasonably ascertainable 
                information regarding conditions of use and reasonably 
                anticipated exposures.'';
                    (B) in paragraph (2)--
                            (i) in the matter preceding subparagraph 
                        (A)--
                                    (I) by striking ``subsection (a)'' 
                                and inserting ``subsection (b)''; and
                                    (II) by striking ``or of data under 
                                subsection (b)'';
                            (ii) in subparagraph (A), by adding ``and'' 
                        after the semicolon at the end;
                            (iii) in subparagraph (B), by striking ``; 
                        and'' and inserting a period; and
                            (iv) by striking subparagraph (C); and
                    (C) in paragraph (3), by striking ``subsection (a) 
                and for which the notification period prescribed by 
                subsection (a), (b), or (c)'' and inserting 
                ``subsection (b) and for which the notification period 
                prescribed by subsection (b) or (d)'';
            (8) by striking subsection (d) (as redesignated by 
        paragraph (6)) and inserting the following:
    ``(d) Review of Notice.--
            ``(1) Initial review.--
                    ``(A) In general.--Subject to subparagraph (B), not 
                later than 90 days after the date of receipt of a 
                notice submitted under subsection (b), the 
                Administrator shall--
                            ``(i) conduct an initial review of the 
                        notice;
                            ``(ii) as needed, develop a profile of the 
                        relevant chemical substance and the potential 
                        for exposure to humans and the environment; and
                            ``(iii) make a determination under 
                        paragraph (3).
                    ``(B) Extension.--Except as provided in paragraph 
                (5), the Administrator may extend the period described 
                in subparagraph (A) for good cause for 1 or more 
                periods, the total of which shall be not more than 90 
                days.
            ``(2) Information sources.--In evaluating a notice under 
        paragraph (1), the Administrator shall take into 
        consideration--
                    ``(A) any relevant information identified in 
                subsection (c)(1); and
                    ``(B) any other relevant additional information 
                available to the Administrator.
            ``(3) Determinations.--Before the end of the applicable 
        period for review under paragraph (1), based on the information 
        described in paragraph (2), and subject to section 18(g), the 
        Administrator shall determine that--
                    ``(A) the relevant chemical substance or 
                significant new use is not likely to meet the safety 
                standard, in which case the Administrator shall take 
                appropriate action under paragraph (4);
                    ``(B) the relevant chemical substance or 
                significant new use is likely to meet the safety 
                standard, in which case the Administrator shall allow 
                the review period to expire without additional 
                restrictions; or
                    ``(C) additional information is necessary in order 
                to make a determination under subparagraph (A) or (B), 
                in which case the Administrator shall take appropriate 
                action under paragraphs (4) and (5).
            ``(4) Restrictions.--
                    ``(A) Determination by administrator.--
                            ``(i) In general.--If the Administrator 
                        makes a determination under subparagraph (A) or 
                        (C) of paragraph (3) with respect to a notice 
                        submitted under subsection (b)--
                                    ``(I) the Administrator, before the 
                                end of the applicable period for review 
                                under paragraph (1) and by consent 
                                agreement or order, as appropriate, 
                                shall prohibit or otherwise restrict 
                                the manufacture, processing, use, 
                                distribution in commerce, or disposal 
                                (as applicable) of the chemical 
                                substance, or of the chemical substance 
                                for a significant new use, without 
                                compliance with the restrictions 
                                specified in the consent agreement or 
                                order that the Administrator determines 
                                are sufficient to ensure that the 
                                chemical substance or significant new 
                                use is likely to meet the safety 
                                standard; and
                                    ``(II) no person may commence 
                                manufacture of the chemical substance, 
                                or manufacture or processing of the 
                                chemical substance for a significant 
                                new use, except in compliance with the 
                                restrictions specified in the consent 
                                agreement or order.
                            ``(ii) Likely to meet standard.--If the 
                        Administrator makes a determination under 
                        subparagraph (B) of paragraph (3) with respect 
                        to a chemical substance or significant new use 
                        for which a notice was submitted under 
                        subsection (b), then notwithstanding any 
                        remaining portion of the applicable period for 
                        review under paragraph (1), the submitter of 
                        the notice may commence manufacture for 
                        commercial purposes of the chemical substance 
                        or manufacture or processing of the chemical 
                        substance for a significant new use.
                    ``(B) Requirements.--Not later than 90 days after 
                issuing a consent agreement or order under subparagraph 
                (A), the Administrator shall--
                            ``(i) consider whether to promulgate a rule 
                        pursuant to subsection (b)(2) that identifies 
                        as a significant new use any manufacturing, 
                        processing, use, distribution in commerce, or 
                        disposal of the chemical substance that does 
                        not conform to the restrictions imposed by the 
                        consent agreement or order; and
                            ``(ii)(I) initiate a rulemaking described 
                        in clause (i); or
                            ``(II) publish a statement describing the 
                        reasons of the Administrator for not initiating 
                        a rulemaking.
                    ``(C) Inclusions.--A prohibition or other 
                restriction under subparagraph (A) may include, as 
                appropriate--
                            ``(i) subject to section 18(g), a 
                        requirement that a chemical substance shall be 
                        marked with, or accompanied by, clear and 
                        adequate minimum warnings and instructions with 
                        respect to use, distribution in commerce, or 
                        disposal, or any combination of those 
                        activities, with the form and content of the 
                        minimum warnings and instructions to be 
                        prescribed by the Administrator
                            ``(ii) a requirement that manufacturers or 
                        processors of the chemical substance shall--
                                    ``(I) make and retain records of 
                                the processes used to manufacture or 
                                process, as applicable, the chemical 
                                substance; or
                                    ``(II) monitor or conduct such 
                                additional tests as are reasonably 
                                necessary to address potential risks 
                                from the manufacture, processing, 
                                distribution in commerce, use, or 
                                disposal, as applicable, of the 
                                chemical substance, subject to section 
                                4;
                            ``(iii) a restriction on the quantity of 
                        the chemical substance that may be 
                        manufactured, processed, or distributed in 
                        commerce--
                                    ``(I) in general; or
                                    ``(II) for a particular use;
                            ``(iv) a prohibition or other restriction 
                        of--
                                    ``(I) the manufacture, processing, 
                                or distribution in commerce of the 
                                chemical substance for a significant 
                                new use;
                                    ``(II) any method of commercial use 
                                of the chemical substance; or
                                    ``(III) any method of disposal of 
                                the chemical substance; or
                            ``(v) a prohibition or other restriction on 
                        the manufacture, processing, or distribution in 
                        commerce of the chemical substance--
                                    ``(I) in general; or
                                    ``(II) for a particular use.
                    ``(D) Persistent and bioaccumulative substances.--
                For a chemical substance the Administrator determines, 
                with respect to persistence and bioaccumulation, scores 
                high for 1 and either high or moderate for the other, 
                pursuant to the TSCA Work Plan Chemicals Methods 
                Document published by the Administrator in February 
                2012, the Administrator shall, in selecting among 
                prohibitions and other restrictions that the 
                Administrator determines are sufficient to ensure that 
                the chemical substance is likely to meet the safety 
                standard, reduce potential exposure to the substance to 
                the maximum extent practicable.
                    ``(E) Workplace exposures.--To the extent 
                practicable, the Administrator shall consult with the 
                Assistant Secretary of Labor for Occupational Safety 
                and Health prior to adopting any prohibition or other 
                restriction under this subsection to address workplace 
                exposures.
                    ``(F) Definition of requirement.--For purposes of 
                this Act, the term `requirement' as used in this 
                section does not displace common law.
            ``(5) Additional information.--If the Administrator 
        determines under paragraph (3)(C) that additional information 
        is necessary to conduct a review under this subsection, the 
        Administrator--
                    ``(A) shall provide an opportunity for the 
                submitter of the notice to submit the additional 
                information;
                    ``(B) may, by agreement with the submitter, extend 
                the review period for a reasonable time to allow the 
                development and submission of the additional 
                information;
                    ``(C) may promulgate a rule, enter into a testing 
                consent agreement, or issue an order under section 4 to 
                require the development of the information; and
                    ``(D) on receipt of information the Administrator 
                finds supports the determination under paragraph (3), 
                shall promptly make the determination.'';
            (9) by striking subsections (e) through (g) and inserting 
        the following:
    ``(e) Notice of Commencement.--
            ``(1) In general.--Not later than 30 days after the date on 
        which a manufacturer that has submitted a notice under 
        subsection (b) commences nonexempt commercial manufacture of a 
        chemical substance, the manufacturer shall submit to the 
        Administrator a notice of commencement that identifies--
                    ``(A) the name of the manufacturer; and
                    ``(B) the initial date of nonexempt commercial 
                manufacture.
            ``(2) Withdrawal.--A manufacturer or processor that has 
        submitted a notice under subsection (b), but that has not 
        commenced nonexempt commercial manufacture or processing of the 
        chemical substance, may withdraw the notice.
    ``(f) Further Evaluation.--The Administrator may review a chemical 
substance under section 4A at any time after the Administrator 
receives--
            ``(1) a notice of commencement for a chemical substance 
        under subsection (e); or
            ``(2) new information regarding the chemical substance.
    ``(g) Transparency.--Subject to section 14, the Administrator shall 
make available to the public--
            ``(1) all notices, determinations, consent agreements, 
        rules, and orders submitted under this section or made by the 
        Administrator under this section; and
            ``(2) all information submitted or issued under this 
        section.''; and
            (10) in subsection (h)--
                    (A) in paragraph (1)--
                            (i) in the matter preceding subparagraph 
                        (A), by striking ``(a) or''; and
                            (ii) in subparagraph (A), by inserting ``, 
                        without taking into account cost or other 
                        nonrisk factors'' after ``the environment'';
                    (B) by striking paragraph (2);
                    (C) by redesignating paragraphs (3) through (6) as 
                paragraphs (2) through (5), respectively;
                    (D) in paragraph (2) (as so redesignated), in the 
                matter preceding subparagraph (A), by striking 
                ``subsections (a) and (b)'' and inserting ``subsection 
                (b)'';
                    (E) in paragraph (3) (as so redesignated)--
                            (i) in the first sentence, by striking 
                        ``will not present an unreasonable risk of 
                        injury to health or the environment'' and 
                        inserting ``will meet the safety standard''; 
                        and
                            (ii) by striking the second sentence;
                    (F) in paragraph (4) (as so redesignated), by 
                striking ``subsections (a) and (b)'' and inserting 
                ``subsection (b)''; and
                    (G) in paragraph (5) (as so redesignated), in the 
                first sentence, by striking ``paragraph (1) or (5)'' 
                and inserting ``paragraph (1) or (4)''.

SEC. 8. SAFETY ASSESSMENTS AND SAFETY DETERMINATIONS.

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

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

            (2) by redesignating subsections (e) and (f) as subsections 
        (h) and (i), respectively;
            (3) by striking subsections (a) through (d) and inserting 
        the following:
    ``(a) In General.--The Administrator--
            ``(1) shall conduct a safety assessment and make a safety 
        determination of each high-priority substance in accordance 
        with subsections (b) and (c);
            ``(2) shall, as soon as practicable and not later than 6 
        months after the date on which a chemical substance is 
        designated as a high-priority substance, define and publish the 
        scope of the safety assessment and safety determination to be 
        conducted pursuant to this section, including the hazards, 
        exposures, conditions of use, and potentially exposed or 
        susceptible populations that the Administrator expects to 
        consider;
            ``(3) as appropriate based on the results of a safety 
        determination, shall establish restrictions pursuant to 
        subsection (d);
            ``(4) shall complete and publish a safety assessment and 
        safety determination not later than 3 years after the date on 
        which a chemical substance is designated as a high-priority 
        substance;
            ``(5) shall promulgate any necessary final rule pursuant to 
        subsection (d) by not later than 2 years after the date on 
        which the safety determination is completed;
            ``(6) may extend any deadline under paragraph (4) for not 
        more than 1 year, if information relating to the high-priority 
        substance, required to be developed in a rule, order, or 
        consent agreement under section 4--
                    ``(A) has not yet been submitted to the 
                Administrator; or
                    ``(B) was submitted to the Administrator--
                            ``(i) within the time specified in the 
                        rule, order, or consent agreement pursuant to 
                        section 4(a)(4)(A)(iv); and
                            ``(ii) on or after the date that is 120 
                        days before the expiration of the deadline 
                        described in paragraph (4); and
            ``(7) may extend the deadline under paragraph (5) for not 
        more than 2 years, subject to the condition that the aggregate 
        length of all extensions of deadlines under this subsection 
        does not exceed 2 years.
    ``(b) Prior Actions and Notice of Existing Information.--
            ``(1) Prior-initiated assessments.--
                    ``(A) In general.--Nothing in this Act prevents the 
                Administrator from initiating a safety assessment or 
                safety determination regarding a chemical substance, or 
                from continuing or completing such a safety assessment 
                or safety determination, prior to the effective date of 
                the policies, procedures, and guidance required to be 
                established by the Administrator under section 3A or 
                4A.
                    ``(B) Integration of prior policies and 
                procedures.--As policies and procedures under section 
                3A and 4A are established, to the maximum extent 
                practicable, the Administrator shall integrate the 
                policies and procedures into ongoing safety assessments 
                and safety determinations.
            ``(2) Actions completed prior to completion of policies and 
        procedures.--Nothing in this Act requires the Administrator to 
        revise or withdraw a completed safety assessment, safety 
        determination, or rule solely because the action was completed 
        prior to the completion of a policy or procedure established 
        under section 3A or 4A, and the validity of a completed 
        assessment, determination, or rule shall not be determined 
        based on the content of such a policy or procedure.
            ``(3) Notice of existing information.--
                    ``(A) In general.--The Administrator shall, where 
                such information is available, take notice of existing 
                information regarding hazard and exposure published by 
                other Federal agencies and the National Academies and 
                incorporate the information in safety assessments and 
                safety determinations with the objective of increasing 
                the efficiency of the safety assessments and safety 
                determinations.
                    ``(B) Inclusion of information.--Existing 
                information described in subparagraph (A) should be 
                included to the extent practicable and where the 
                Administrator determines the information is relevant 
                and scientifically reliable.
    ``(c) Safety Determinations.--
            ``(1) In general.--Based on a review of the information 
        available to the Administrator, including draft safety 
        assessments submitted by interested persons pursuant to section 
        3A(h)(2)(D), and subject to section 18(g), the Administrator 
        shall determine--
                    ``(A) by order, that the relevant chemical 
                substance meets the safety standard;
                    ``(B) that the relevant chemical substance does not 
                meet the safety standard, in which case the 
                Administrator shall, by rule under subsection (d)--
                            ``(i) impose restrictions necessary to 
                        ensure that the chemical substance meets the 
                        safety standard under the conditions of use; or
                            ``(ii) if the safety standard cannot be met 
                        with the application of other restrictions 
                        under subsection (d)(3), ban or phase out the 
                        chemical substance, as appropriate; or
                    ``(C) that additional information is necessary in 
                order to make a determination under subparagraph (A) or 
                (B), in which case the Administrator shall take 
                appropriate action under paragraph (2).
            ``(2) Additional information.--If the Administrator 
        determines that additional information is necessary to make a 
        safety assessment or safety determination for a high-priority 
        substance, the Administrator--
                    ``(A) shall provide an opportunity for interested 
                persons to submit the additional information;
                    ``(B) may promulgate a rule, enter into a testing 
                consent agreement, or issue an order under section 4 to 
                require the development of the information;
                    ``(C) may defer, for a reasonable period consistent 
                with the deadlines described in subsection (a), a 
                safety assessment and safety determination until after 
                receipt of the information; and
                    ``(D) consistent with the deadlines described in 
                subsection (a), on receipt of information the 
                Administrator finds supports the safety assessment and 
                safety determination, shall make a determination under 
                paragraph (1).
            ``(3) Establishment of deadline.--In requesting the 
        development or submission of information under this section, 
        the Administrator shall establish a deadline for the submission 
        of the information.
    ``(d) Rule.--
            ``(1) Implementation.--If the Administrator makes a 
        determination under subsection (c)(1)(B) with respect to a 
        chemical substance, the Administrator shall promulgate a rule 
        establishing restrictions necessary to ensure that the chemical 
        substance meets the safety standard.
            ``(2) Scope.--
                    ``(A) In general.--The rule promulgated pursuant to 
                this subsection--
                            ``(i) may apply to mixtures containing the 
                        chemical substance, as appropriate;
                            ``(ii) shall include dates by which 
                        compliance is mandatory, which--
                                    ``(I) shall be as soon as 
                                practicable, but not later than 4 years 
                                after the date of promulgation of the 
                                rule, except in the case of a use 
                                exempted under paragraph (5);
                                    ``(II) in the case of a ban or 
                                phase-out of the chemical substance, 
                                shall implement the ban or phase-out in 
                                as short a period as practicable;
                                    ``(III) as determined by the 
                                Administrator, may vary for different 
                                affected persons; and
                                    ``(IV) following a determination by 
                                the Administrator that compliance is 
                                technologically or economically 
                                infeasible within the timeframe 
                                specified in subclause (I), shall 
                                provide up to an additional 18 months 
                                for compliance to be mandatory;
                            ``(iii) shall exempt replacement parts that 
                        are manufactured prior to the effective date of 
                        the rule for articles that are first 
                        manufactured prior to the effective date of the 
                        rule unless the Administrator finds the 
                        replacement parts contribute significantly to 
                        the identified risk;
                            ``(iv) shall, in selecting among 
                        prohibitions and other restrictions, apply such 
                        prohibitions or other restrictions to an 
                        article or category of articles containing the 
                        chemical substance only to the extent necessary 
                        to address the identified risks from exposure 
                        to the chemical substance from the article or 
                        category of articles, in order to determine 
                        that the chemical substance meets the safety 
                        standard; and
                            ``(v) shall, when the Administrator 
                        determines that the chemical substance does not 
                        meet the safety standard for a potentially 
                        exposed or susceptible population, apply 
                        prohibitions or other restrictions necessary to 
                        ensure that the substance meets the safety 
                        standard for that population.
                    ``(B) Persistent and bioaccumulative substances.--
                For a chemical substance the Administrator determines, 
                with respect to persistence and bioaccumulation, scores 
                high for 1 and either high or moderate for the other, 
                pursuant to the TSCA Work Plan Chemicals Methods 
                Document published by the Administrator in February 
                2012, the Administrator shall, in selecting among 
                prohibitions and other restrictions that the 
                Administrator determines are sufficient to ensure that 
                the chemical substance meets the safety standard, 
                reduce exposure to the substance to the maximum extent 
                practicable.
                    ``(C) Workplace exposures.--The Administrator shall 
                consult with the Assistant Secretary of Labor for 
                Occupational Safety and Health before adopting any 
                prohibition or other restriction under this subsection 
                to address workplace exposures.
                    ``(D) Definition of requirement.--For the purposes 
                of this Act, the term `requirement' as used in this 
                section does not displace common law.
            ``(3) Restrictions.--Subject to section 18, a restriction 
        under paragraph (1) may include, as appropriate--
                    ``(A) a requirement that a chemical substance shall 
                be marked with, or accompanied by, clear and adequate 
                minimum warnings and instructions with respect to use, 
                distribution in commerce, or disposal, or any 
                combination of those activities, with the form and 
                content of the minimum warnings and instructions to be 
                prescribed by the Administrator;
                    ``(B) a requirement that manufacturers or 
                processors of the chemical substance shall--
                            ``(i) make and retain records of the 
                        processes used to manufacture or process the 
                        chemical substance;
                            ``(ii) describe and apply the relevant 
                        quality control procedures followed in the 
                        manufacturing or processing of the substance; 
                        or
                            ``(iii) monitor or conduct tests that are 
                        reasonably necessary to ensure compliance with 
                        the requirements of any rule under this 
                        subsection;
                    ``(C) a restriction on the quantity of the chemical 
                substance that may be manufactured, processed, or 
                distributed in commerce;
                    ``(D) a requirement to ban or phase out, or 
                otherwise restrict the manufacture, processing, or 
                distribution in commerce of the chemical substance 
                for--
                            ``(i) a particular use;
                            ``(ii) a particular use at a concentration 
                        in excess of a level specified by the 
                        Administrator; or
                            ``(iii) all uses;
                    ``(E) a restriction on the quantity of the chemical 
                substance that may be manufactured, processed, or 
                distributed in commerce for--
                            ``(i) a particular use; or
                            ``(ii) a particular use at a concentration 
                        in excess of a level specified by the 
                        Administrator;
                    ``(F) a requirement to ban, phase out, or otherwise 
                restrict any method of commercial use of the chemical 
                substance;
                    ``(G) a requirement to ban, phase out, or otherwise 
                restrict any method of disposal of the chemical 
                substance or any article containing the chemical 
                substance; and
                    ``(H) a requirement directing manufacturers or 
                processors of the chemical substance to give notice of 
                the Administrator's determination under subsection 
                (c)(1)(B) to distributors in commerce of the chemical 
                substance and, to the extent reasonably ascertainable, 
                to other persons in the chain of commerce in possession 
                of the chemical substance.
            ``(4) Analysis for rulemaking.--
                    ``(A) Considerations.--In deciding which 
                restrictions to impose under paragraph (3) as part of 
                developing a rule under paragraph (1), the 
                Administrator shall take into consideration, to the 
                extent practicable based on reasonably available 
                information, the quantifiable and nonquantifiable costs 
                and benefits of the proposed regulatory action and of 
                the 1 or more primary alternative regulatory actions 
                considered by the Administrator.
                    ``(B) Alternatives.--As part of the analysis, the 
                Administrator shall review any 1 or more technically 
                and economically feasible alternatives to the chemical 
                substance that the Administrator determines are 
                relevant to the rulemaking.
                    ``(C) Public availability.--In proposing a rule 
                under paragraph (1), the Administrator shall make 
                publicly available any analysis conducted under this 
                paragraph.
                    ``(D) Statement required.--In making final a rule 
                under paragraph (1), the Administrator shall include a 
                statement describing how the analysis considered under 
                subparagraph (A) was taken into account.
            ``(5) Exemptions.--
                    ``(A) In general.--The Administrator may, as part 
                of a rule promulgated under paragraph (1) or in a 
                separate rule, exempt 1 or more uses of a chemical 
                substance from any restriction in a rule promulgated 
                under paragraph (1) if the Administrator determines 
                that--
                            ``(i) the restriction cannot be complied 
                        with, without--
                                    ``(I) harming national security;
                                    ``(II) causing significant 
                                disruption in the national economy due 
                                to the lack of availability of a 
                                chemical substance; or
                                    ``(III) interfering with a critical 
                                or essential use for which no 
                                technically and economically feasible 
                                safer alternative is available, taking 
                                into consideration hazard and exposure; 
                                or
                            ``(ii) the use of the chemical substance, 
                        as compared to reasonably available 
                        alternatives, provides a substantial benefit to 
                        health, the environment, or public safety.
                    ``(B) Exemption analysis.--In proposing a rule 
                under this paragraph, the Administrator shall make 
                publicly available any analysis conducted under this 
                paragraph to assess the need for the exemption.
                    ``(C) Statement required.--In making final a rule 
                under this paragraph, the Administrator shall include a 
                statement describing how the analysis considered under 
                subparagraph (B) was taken into account.
                    ``(D) Analysis in case of ban or phase-out.--In 
                determining whether an exemption should be granted 
                under this paragraph for a chemical substance for which 
                a ban or phase-out is included in a proposed or final 
                rule under paragraph (1), the Administrator shall take 
                into consideration, to the extent practicable based on 
                reasonably available information, the quantifiable and 
                nonquantifiable costs and benefits of the 1 or more 
                alternatives to the chemical substance the 
                Administrator determines to be technically and 
                economically feasible and most likely to be used in 
                place of the chemical substance under the conditions of 
                use.
                    ``(E) Conditions.--As part of a rule promulgated 
                under this paragraph, the Administrator shall include 
                conditions, including reasonable recordkeeping, 
                monitoring, and reporting requirements, to the extent 
                that the Administrator determines the conditions are 
                necessary to protect health and the environment while 
                achieving the purposes of the exemption.
                    ``(F) Duration.--
                            ``(i) In general.--The Administrator shall 
                        establish, as part of a rule under this 
                        paragraph, a time limit on any exemption for a 
                        time to be determined by the Administrator as 
                        reasonable on a case-by-case basis.
                            ``(ii) Authority of administrator.--The 
                        Administrator, by rule, may extend, modify, or 
                        eliminate an exemption if the Administrator 
                        determines, on the basis of reasonably 
                        available information and after adequate public 
                        justification, the exemption warrants extension 
                        or is no longer necessary.
                            ``(iii) Considerations.--
                                    ``(I) In general.--Subject to 
                                subclause (II), the Administrator shall 
                                issue exemptions and establish time 
                                periods by considering factors 
                                determined by the Administrator to be 
                                relevant to the goals of fostering 
                                innovation and the development of 
                                alternatives that meet the safety 
                                standard.
                                    ``(II) Limitation.--Any renewal of 
                                an exemption in the case of a rule 
                                under paragraph (1) requiring the ban 
                                or phase-out of a chemical substance 
                                shall not exceed 5 years.
    ``(e) Immediate Effect.--The Administrator may declare a proposed 
rule under subsection (d)(1) to be effective on publication of the rule 
in the Federal Register and until the effective date of final action 
taken respecting the rule, if--
            ``(1) the Administrator determines that--
                    ``(A) the manufacture, processing, distribution in 
                commerce, use, or disposal of the chemical substance or 
                mixture subject to the proposed rule or any combination 
                of those activities is likely to result in a risk of 
                serious or widespread injury to health or the 
                environment before the effective date; and
                    ``(B) making the proposed rule so effective is 
                necessary to protect the public interest; and
            ``(2) in the case of a proposed rule to prohibit the 
        manufacture, processing, or distribution in commerce of a 
        chemical substance or mixture because of the risk determined 
        under paragraph (1)(A), a court has granted relief in an action 
        under section 7 with respect to that risk associated with the 
        chemical substance or mixture.
    ``(f) Final Agency Action.--Under this section and subject to 
section 18--
            ``(1) a safety determination, and the associated safety 
        assessment, for a chemical substance that the Administrator 
        determines under subsection (c) meets the safety standard, 
        shall be considered to be a final agency action, effective 
        beginning on the date of issuance of the final safety 
        determination; and
            ``(2) a final rule promulgated under subsection (d)(1), and 
        the associated safety assessment and safety determination that 
        a chemical substance does not meet the safety standard, shall 
        be considered to be a final agency action, effective beginning 
        on the date of promulgation of the final rule.
    ``(g) Extension of Deadlines for Certain Chemical Substances.--The 
Administrator may not extend any deadline under subsection (a) for a 
chemical substance designated as a high priority that is listed in the 
2014 update of the TSCA Work Plan without adequate public justification 
that demonstrates, following a review of the information reasonably 
available to the Administrator, that the Administrator cannot 
adequately complete a safety assessment and safety determination, or a 
final rule pursuant to subsection (d), without additional information 
regarding the chemical substance.''; and
            (4) in subsection (h) (as redesignated by paragraph (2))--
                    (A) by striking paragraph (4); and
                    (B) by redesignating paragraph (5) as paragraph 
                (4).

SEC. 9. IMMINENT HAZARDS.

    Section 7 of the Toxic Substances Control Act (15 U.S.C. 2606) is 
amended--
            (1) by striking subsection (a) and inserting the following:
    ``(a) Civil Actions.--
            ``(1) In general.--The Administrator may commence a civil 
        action in an appropriate United States district court for--
                    ``(A) seizure of an imminently hazardous chemical 
                substance or mixture or any article containing the 
                chemical substance or mixture;
                    ``(B) relief (as authorized by subsection (b)) 
                against any person that manufactures, processes, 
                distributes in commerce, uses, or disposes of, an 
                imminently hazardous chemical substance or mixture or 
                any article containing the chemical substance or 
                mixture; or
                    ``(C) both seizure described in subparagraph (A) 
                and relief described in subparagraph (B).
            ``(2) Rule, order, or other proceeding.--A civil action may 
        be commenced under this paragraph, notwithstanding--
                    ``(A) the existence of a decision, rule, consent 
                agreement, or order by the Administrator under section 
                4, 4A, 5, or 6 or title IV or VI; or
                    ``(B) the pendency of any administrative or 
                judicial proceeding under any provision of this Act.'';
            (2) in subsection (b)(1), by striking ``unreasonable'';
            (3) in subsection (d), by striking ``section 6(a)'' and 
        inserting ``section 6(d)''; and
            (4) in subsection (f), in the first sentence, by striking 
        ``and unreasonable''.

SEC. 10. INFORMATION COLLECTION AND REPORTING.

    Section 8 of the Toxic Substances Control Act (15 U.S.C. 2607) is 
amended--
            (1) in subsection (a)--
                    (A) in paragraph (3)--
                            (i) in subparagraph (A)(ii)(I)--
                                    (I) by striking ``5(b)(4)'' and 
                                inserting ``5'';
                                    (II) by inserting ``section 4 or'' 
                                after ``in effect under''; and
                                    (III) by striking ``5(e),'' and 
                                inserting ``5(d)(4);''; and
                            (ii) by adding at the end the following:
            ``(C) Not later than 180 days after the date of enactment 
        of the Frank R. Lautenberg Chemical Safety for the 21st Century 
        Act, and not less frequently than once every 10 years 
        thereafter, the Administrator, after consultation with the 
        Administrator of the Small Business Administration, shall--
                    ``(i) review the adequacy of the standards 
                prescribed according to subparagraph (B);
                    ``(ii) after providing public notice and an 
                opportunity for comment, make a determination as to 
                whether revision of the standards is warranted; and
                    ``(iii) revise the standards if the Administrator 
                so determines.''; and
                    (B) by adding at the end the following:
            ``(4) Rules.--
                    ``(A) Deadline.--
                            ``(i) In general.--Not later than 2 years 
                        after the date of enactment of the Frank R. 
                        Lautenberg Chemical Safety for the 21st Century 
                        Act, the Administrator shall promulgate rules 
                        requiring the maintenance of records and the 
                        reporting of additional information known or 
                        reasonably ascertainable by the person making 
                        the report, including rules applicable to 
                        processors so that the Administrator has the 
                        information necessary to carry out this title.
                            ``(ii) Modification of prior rules.--In 
                        carrying out this subparagraph, the 
                        Administrator may modify, as appropriate, rules 
                        promulgated before the date of enactment of the 
                        Frank R. Lautenberg Chemical Safety for the 
                        21st Century Act.
                    ``(B) Contents.--The rules promulgated pursuant to 
                subparagraph (A)--
                            ``(i) may impose different reporting and 
                        recordkeeping requirements on manufacturers and 
                        processors; and
                            ``(ii) shall include the level of detail 
                        necessary to be reported, including the manner 
                        by which use and exposure information may be 
                        reported.
                    ``(C) Administration.--In implementing the 
                reporting and recordkeeping requirements under this 
                paragraph, the Administrator shall take measures--
                            ``(i) to limit the potential for 
                        duplication in reporting requirements;
                            ``(ii) to minimize the impact of the rules 
                        on small manufacturers and processors; and
                            ``(iii) to apply any reporting obligations 
                        to those persons likely to have information 
                        relevant to the effective implementation of 
                        this title.'';
            (2) in subsection (b), by adding at the end the following:
            ``(3) Nomenclature.--
                    ``(A) In general.--In carrying out paragraph (1), 
                the Administrator shall--
                            ``(i) maintain the use of Class 2 
                        nomenclature in use on the date of enactment of 
                        the Frank R. Lautenberg Chemical Safety for the 
                        21st Century Act;
                            ``(ii) maintain the use of the Soap and 
                        Detergent Association Nomenclature System, 
                        published in March 1978 by the Administrator in 
                        section 1 of addendum III of the document 
                        entitled `Candidate List of Chemical 
                        Substances', and further described in the 
                        appendix A of volume I of the 1985 edition of 
                        the Toxic Substances Control Act Substances 
                        Inventory (EPA Document No. EPA-560/7-85-002a); 
                        and
                            ``(iii) treat all components of categories 
                        that are considered to be statutory mixtures 
                        under this Act as being included on the list 
                        published under paragraph (1) under the 
                        Chemical Abstracts Service numbers for the 
                        respective categories, including, without 
                        limitation--
                                    ``(I) cement, Portland, chemicals, 
                                CAS No. 65997-15-1;
                                    ``(II) cement, alumina, chemicals, 
                                CAS No. 65997-16-2;
                                    ``(III) glass, oxide, chemicals, 
                                CAS No. 65997-17-3;
                                    ``(IV) frits, chemicals, CAS No. 
                                65997-18-4;
                                    ``(V) steel manufacture, chemicals, 
                                CAS No. 65997-19-5; and
                                    ``(VI) ceramic materials and wares, 
                                chemicals, CAS No. 66402-68-4.
                    ``(B) Multiple nomenclature conventions.--
                            ``(i) In general.--If an existing guidance 
                        allows for multiple nomenclature conventions, 
                        the Administrator shall--
                                    ``(I) maintain the nomenclature 
                                conventions for substances; and
                                    ``(II) develop new guidance that--
                                            ``(aa) establishes 
                                        equivalency between the 
                                        nomenclature conventions for 
                                        chemical substances on the list 
                                        published under paragraph (1); 
                                        and
                                            ``(bb) permits persons to 
                                        rely on the new guidance for 
                                        purposes of determining whether 
                                        a chemical substance is on the 
                                        list published under paragraph 
                                        (1).
                            ``(ii) Multiple cas numbers.--For any 
                        chemical substance appearing multiple times on 
                        the list under different Chemical Abstracts 
                        Service numbers, the Administrator shall 
                        develop guidance recognizing the multiple 
                        listings as a single chemical substance.
            ``(4) Chemical substances in commerce.--
                    ``(A) Rules.--
                            ``(i) In general.--Not later than 1 year 
                        after the date of enactment of the Frank R. 
                        Lautenberg Chemical Safety for the 21st Century 
                        Act, the Administrator, by rule, shall require 
                        manufacturers and processors to notify the 
                        Administrator, by not later than 180 days after 
                        the date of promulgation of the rule, of each 
                        chemical substance on the list published under 
                        paragraph (1) that the manufacturer or 
                        processor, as applicable, has manufactured or 
                        processed for a nonexempt commercial purpose 
                        during the 10-year period ending on the day 
                        before the date of enactment of the Frank R. 
                        Lautenberg Chemical Safety for the 21st Century 
                        Act.
                            ``(ii) Active substances.--The 
                        Administrator shall designate chemical 
                        substances for which notices are received under 
                        clause (i) to be active substances on the list 
                        published under paragraph (1).
                            ``(iii) Inactive substances.--The 
                        Administrator shall designate chemical 
                        substances for which no notices are received 
                        under clause (i) to be inactive substances on 
                        the list published under paragraph (1).
                    ``(B) Confidential chemical substances.--In 
                promulgating the rule established pursuant to 
                subparagraph (A), the Administrator shall--
                            ``(i) maintain the list under paragraph 
                        (1), which shall include a confidential portion 
                        and a nonconfidential portion consistent with 
                        this section and section 14;
                            ``(ii) require a manufacturer or processor 
                        that is submitting a notice pursuant to 
                        subparagraph (A) for a chemical substance on 
                        the confidential portion of the list published 
                        under paragraph (1) to indicate in the notice 
                        whether the manufacturer or processor seeks to 
                        maintain any existing claim for protection 
                        against disclosure of the specific identity of 
                        the substance as confidential pursuant to 
                        section 14; and
                            ``(iii) require the substantiation of those 
                        claims pursuant to section 14 and in accordance 
                        with the review plan described in subparagraph 
                        (C).
                    ``(C) Review plan.--Not later than 1 year after the 
                date on which the Administrator compiles the initial 
                list of active substances pursuant to subparagraph (A), 
                the Administrator shall promulgate a rule that 
                establishes a plan to review all claims to protect the 
                specific identities of chemical substances on the 
                confidential portion of the list published under 
                paragraph (1) that are asserted pursuant to 
                subparagraph (B).
                    ``(D) Requirements of review plan.--Under the 
                review plan under subparagraph (C), the Administrator 
                shall--
                            ``(i) require, at the time requested by the 
                        Administrator, all manufacturers or processors 
                        asserting claims under subparagraph (B) to 
                        substantiate the claim unless the manufacturer 
                        or processor has substantiated the claim in a 
                        submission made to the Administrator during the 
                        5-year period ending on the date of the request 
                        by the Administrator;
                            ``(ii) in accordance with section 14--
                                    ``(I) review each substantiation--
                                            ``(aa) submitted pursuant 
                                        to clause (i) to determine if 
                                        the claim warrants protection 
                                        from disclosure; and
                                            ``(bb) submitted previously 
                                        by a manufacturer or processor 
                                        and relied on in lieu of the 
                                        substantiation required 
                                        pursuant to clause (i), if the 
                                        substantiation has not been 
                                        previously reviewed by the 
                                        Administrator, to determine if 
                                        the claim warrants protection 
                                        from disclosure;
                                    ``(II) approve, modify, or deny 
                                each claim; and
                                    ``(III) except as provided in this 
                                section and section 14, protect from 
                                disclosure information for which the 
                                Administrator approves such a claim for 
                                a period of 10 years, unless, prior to 
                                the expiration of the period--
                                            ``(aa) the person notifies 
                                        the Administrator that the 
                                        person is withdrawing the 
                                        claim, in which case the 
                                        Administrator shall promptly 
                                        make the information available 
                                        to the public; or
                                            ``(bb) the Administrator 
                                        otherwise becomes aware that 
                                        the need for protection from 
                                        disclosure can no longer be 
                                        substantiated, in which case 
                                        the Administrator shall take 
                                        the actions described in 
                                        section 14(g)(2); and
                            ``(iii) encourage manufacturers or 
                        processors that have previously made claims to 
                        protect the specific identities of chemical 
                        substances identified as inactive pursuant to 
                        subsection (f)(2) to review and either withdraw 
                        or substantiate the claims.
                    ``(E) Timeline for completion of reviews.--
                            ``(i) In general.--The Administrator shall 
                        implement the review plan so as to complete 
                        reviews of all claims specified in subparagraph 
                        (C) not later than 5 years after the date on 
                        which the Administrator compiles the initial 
                        list of active substances pursuant to 
                        subparagraph (A).
                            ``(ii) Considerations.--
                                    ``(I) In general.--The 
                                Administrator may extend the deadline 
                                for completion of the reviews for not 
                                more than 2 additional years, after an 
                                adequate public justification, if the 
                                Administrator determines that the 
                                extension is necessary based on the 
                                number of claims needing review and the 
                                available resources.
                                    ``(II) Annual review goal and 
                                results.--At the beginning of each 
                                year, the Administrator shall publish 
                                an annual goal for reviews and the 
                                number of reviews completed in the 
                                prior year.
            ``(5) Active and inactive substances.--
                    ``(A) In general.--The Administrator shall maintain 
                and keep current designations of active substances and 
                inactive substances on the list published under 
                paragraph (1).
                    ``(B) Change to active status.--
                            ``(i) In general.--Any person that intends 
                        to manufacture or process for a nonexempt 
                        commercial purpose a chemical substance that is 
                        designated as an inactive substance shall 
                        notify the Administrator before the date on 
                        which the inactive substance is manufactured or 
                        processed.
                            ``(ii) Confidential chemical identity 
                        claims.--If a person submitting a notice under 
                        clause (i) for an inactive substance on the 
                        confidential portion of the list published 
                        under paragraph (1) seeks to maintain an 
                        existing claim for protection against 
                        disclosure of the specific identity of the 
                        inactive substance as confidential, the person 
                        shall--
                                    ``(I) in the notice submitted under 
                                clause (i), assert the claim; and
                                    ``(II) by not later than 30 days 
                                after providing the notice under clause 
                                (i), substantiate the claim.
                            ``(iii) Active status.--On receiving a 
                        notification under clause (i), the 
                        Administrator shall--
                                    ``(I) designate the applicable 
                                chemical substance as an active 
                                substance;
                                    ``(II) pursuant to section 14, 
                                promptly review any claim and 
                                associated substantiation submitted 
                                pursuant to clause (ii) for protection 
                                against disclosure of the specific 
                                identity of the chemical substance and 
                                approve, modify, or deny the claim;
                                    ``(III) except as provided in this 
                                section and section 14, protect from 
                                disclosure the specific identity of the 
                                chemical substance for which the 
                                Administrator approves a claim under 
                                subclause (II) for a period of 10 
                                years, unless, prior to the expiration 
                                of the period--
                                            ``(aa) the person notifies 
                                        the Administrator that the 
                                        person is withdrawing the 
                                        claim, in which case the 
                                        Administrator shall promptly 
                                        make the information available 
                                        to the public; or
                                            ``(bb) the Administrator 
                                        otherwise becomes aware that 
                                        the need for protection from 
                                        disclosure can no longer be 
                                        substantiated, in which case 
                                        the Administrator shall take 
                                        the actions described in 
                                        section 14(g)(2); and
                                    ``(IV) pursuant to section 4A, 
                                review the priority of the chemical 
                                substance as the Administrator 
                                determines to be necessary.
                    ``(C) Category status.--The list of inactive 
                substances shall not be considered to be a category for 
                purposes of section 26(c).
            ``(6) Interim list of active substances.--Prior to the 
        promulgation of the rule required under paragraph (4)(A), the 
        Administrator shall designate the chemical substances reported 
        under part 711 of title 40, Code of Federal Regulations (as in 
        effect on the date of enactment of the Frank R. Lautenberg 
        Chemical Safety for the 21st Century Act), during the reporting 
        period that most closely preceded the date of enactment of the 
        Frank R. Lautenberg Chemical Safety for the 21st Century Act, 
        as the interim list of active substances for the purposes of 
        section 4A.
            ``(7) Public information.--Subject to this subsection, the 
        Administrator shall make available to the public--
                    ``(A) the specific identity of each chemical 
                substance on the nonconfidential portion of the list 
                published under paragraph (1) that the Administrator 
                has designated as--
                            ``(i) an active substance; or
                            ``(ii) an inactive substance;
                    ``(B) the accession number, generic name, and, if 
                applicable, premanufacture notice case number for each 
                chemical substance on the confidential portion of the 
                list published under paragraph (1) for which a claim of 
                confidentiality was received; and
                    ``(C) subject to subsections (f) and (g) of section 
                14, the specific identity of any active substance for 
                which--
                            ``(i) a claim for protection against 
                        disclosure of the specific identity of the 
                        active chemical substance was not asserted, as 
                        required under this subsection or subsection 
                        (d) or (f) of section 14;
                            ``(ii) a claim for protection against 
                        disclosure of the specific identity of the 
                        active substance has been denied by the 
                        Administrator; or
                            ``(iii) the time period for protection 
                        against disclosure of the specific identity of 
                        the active substance has expired.
            ``(8) Limitation.--No person may assert a new claim under 
        this subsection for protection from disclosure of a specific 
        identity of any active or inactive chemical substance for which 
        a notice is received under paragraph (4)(A)(i) or (5)(C)(i) 
        that is not on the confidential portion of the list published 
        under paragraph (1).
            ``(9) Certification.--Under the rules promulgated under 
        this subsection, manufacturers and processors shall be 
        required--
                    ``(A) to certify that each notice or substantiation 
                the manufacturer or processor submits complies with the 
                requirements of the rule, and that any confidentiality 
                claims are true and correct; and
                    ``(B) to retain a record supporting the 
                certification for a period of 5 years beginning on the 
                last day of the submission period.'';
            (3) in subsection (e)--
                    (A) by striking ``Any person'' and inserting the 
                following:
            ``(1) In general.--Any person''; and
                    (B) by adding at the end the following:
            ``(2) Additional information.--Any person may submit to the 
        Administrator information reasonably supporting the conclusion 
        that a chemical substance or mixture presents, will present, or 
        does not present a substantial risk of injury to health and the 
        environment.''; and
            (4) in subsection (f), by striking ``For purposes of this 
        section, the'' and inserting the following: ``In this section:
            ``(1) Active substance.--The term `active substance' means 
        a chemical substance--
                    ``(A) that has been manufactured or processed for a 
                nonexempt commercial purpose at any point during the 
                10-year period ending on the date of enactment of the 
                Frank R. Lautenberg Chemical Safety for the 21st 
                Century Act;
                    ``(B) that is added to the list published under 
                subsection (b)(1) after that date of enactment; or
                    ``(C) for which a notice is received under 
                subsection (b)(5)(C).
            ``(2) Inactive substance.--The term `inactive substance' 
        means a chemical substance on the list published under 
        subsection (b)(1) that does not meet any of the criteria 
        described in paragraph (1).
            ``(3) Manufacture; process.--The''.

SEC. 11. RELATIONSHIP TO OTHER FEDERAL LAWS.

    Section 9 of the Toxic Substances Control Act (15 U.S.C. 2608) is 
amended--
            (1) in subsection (a)--
                    (A) in paragraph (1), in the first sentence--
                            (i) by striking ``presents or will present 
                        an unreasonable risk to health or the 
                        environment'' and inserting ``does not or will 
                        not meet the safety standard''; and
                            (ii) by striking ``such risk'' the first 
                        place it appears and inserting ``the risk posed 
                        by the substance or mixture'';
                    (B) in paragraph (2)--
                            (i) in subparagraph (A), by inserting 
                        ``within the time period specified by the 
                        Administrator in the report'' after ``issues an 
                        order'';
                            (ii) in subparagraph (B), by inserting 
                        ``responds within the time period specified by 
                        the Administrator in the report and'' before 
                        ``initiates, within 90 days''; and
                            (iii) in the matter following subparagraph 
                        (B), by striking ``section 6 or 7'' and 
                        inserting ``section 6(d) or section 7'';
                    (C) by redesignating paragraph (3) as paragraph 
                (6);
                    (D) in paragraph (6) (as so redesignated), by 
                striking ``section 6 or 7'' and inserting ``section 
                6(d) or 7''; and
                    (E) by inserting after paragraph (2) the following:
            ``(3) The Administrator shall take the actions described in 
        paragraph (4) if the Administrator makes a report under 
        paragraph (1) with respect to a chemical substance or mixture 
        and the agency to which the report was made does not--
                    ``(A) issue the order described in paragraph (2)(A) 
                within the time period specified by the Administrator 
                in the report; or
                    ``(B)(i) respond under paragraph (1) within the 
                time frame specified by the Administrator in the 
                report; and
                    ``(ii) initiate action within 90 days of 
                publication in the Federal Register of the response 
                described in clause (i).
            ``(4) If an agency to which a report under paragraph (1) 
        does not take the actions described in subparagraphs (A) or (B) 
        of paragraph (3), the Administrator shall--
                    ``(A) if a safety assessment and safety 
                determination for the substance under section 6 has not 
                been completed, complete the safety assessment and 
                safety determination;
                    ``(B) if the Administrator has determined or 
                determines that the chemical substance does not meet 
                the safety standard, initiate action under section 6(d) 
                with respect to the risk; or
                    ``(C) take any action authorized or required under 
                section 7, as appropriate.
            ``(5) This subsection shall not relieve the Administrator 
        of any obligation to complete a safety assessment and safety 
        determination or take any required action under section 6(d) or 
        7 to address risks from the manufacture, processing, 
        distribution in commerce, use, or disposal of a chemical 
        substance or mixture, or any combination of those activities, 
        that are not identified in a report issued by the Administrator 
        under paragraph (1).'';
            (2) in subsection (d), in the first sentence, by striking 
        ``Health, Education, and Welfare'' and inserting ``Health and 
        Human Services''; and
            (3) by adding at the end the following:
    ``(e) Exposure Information.--If the Administrator obtains 
information related to exposures or releases of a chemical substance 
that may be prevented or reduced under another Federal law, including 
laws not administered by the Administrator, the Administrator shall 
make such information available to the relevant Federal agency or 
office of the Environmental Protection Agency.''.

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

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

SEC. 13. EXPORTS.

    Section 12 of the Toxic Substances Control Act (15 U.S.C. 2611) is 
amended--
            (1) in subsection (a), by striking paragraph (2) and 
        inserting the following:
            ``(2) Exception.--Paragraph (1) shall not apply to--
                    ``(A) any new chemical substance that the 
                Administrator determines is likely to present an 
                unreasonable risk of injury to health within the United 
                States or to the environment of the United States, 
                without taking into account cost or other non-risk 
                factors;
                    ``(B) any chemical substance that the Administrator 
                determines presents or will present an unreasonable 
                risk of injury to health within the United States or to 
                the environment of the United States, without taking 
                into account cost or other non-risk factors; or
                    ``(C) any chemical substance that--
                            ``(i) the Administrator determines is 
                        likely to present an unreasonable risk of 
                        injury to health within the United States or to 
                        the environment of the United States, without 
                        taking into account cost or other non-risk 
                        factors; and
                            ``(ii) is subject to restriction under 
                        section 5(d)(4).
            ``(3) Waivers for certain mixtures and articles.--For a 
        mixture or article containing a chemical substance described in 
        paragraph (2), the Administrator may--
                    ``(A) determine that paragraph (1) shall not apply 
                to the mixture or article; or
                    ``(B) establish a threshold concentration in a 
                mixture or article at which paragraph (1) shall not 
                apply.
            ``(4) Testing.--The Administrator may require testing under 
        section 4 of any chemical substance or mixture exempted from 
        this Act under paragraph (1) for the purpose of determining 
        whether the chemical substance meets the safety standard within 
        the United States.'';
            (2) by striking subsection (b) and inserting the following:
    ``(b) Notice.--
            ``(1) In general.--A person shall notify the Administrator 
        that the person is exporting or intends to export to a foreign 
        country--
                    ``(A) a chemical substance or a mixture containing 
                a chemical substance that the Administrator has 
                determined under section 5 is not likely to meet the 
                safety standard and for which a prohibition or other 
                restriction has been proposed or established under that 
                section;
                    ``(B) a chemical substance or a mixture containing 
                a chemical substance that the Administrator has 
                determined under section 6 does not meet the safety 
                standard and for which a prohibition or other 
                restriction has been proposed or established under that 
                section;
                    ``(C) a chemical substance for which the United 
                States is obligated by treaty to provide export 
                notification;
                    ``(D) a chemical substance or mixture containing a 
                chemical substance subject to a proposed or promulgated 
                significant new use rule, or a prohibition or other 
                restriction pursuant to a rule, order, or consent 
                agreement in effect under this Act;
                    ``(E) a chemical substance or mixture for which the 
                submission of information is required under section 4; 
                or
                    ``(F) a chemical substance or mixture for which an 
                action is pending or for which relief has been granted 
                under section 7.
            ``(2) Rules.--
                    ``(A) In general.--The Administrator shall 
                promulgate rules to carry out paragraph (1).
                    ``(B) Contents.--The rules promulgated pursuant to 
                subparagraph (A) shall--
                            ``(i) include such exemptions as the 
                        Administrator determines to be appropriate, 
                        which may include exemptions identified under 
                        section 5(h); and
                            ``(ii) indicate whether, or to what extent, 
                        the rules apply to articles containing a 
                        chemical substance or mixture described in 
                        paragraph (1).
            ``(3) Notification.--The Administrator shall submit to the 
        government of each country to which a chemical substance or 
        mixture is exported--
                    ``(A) for a chemical substance or mixture described 
                in subparagraph (A), (B), (D), or (F) of paragraph (1), 
                a notice of the determination, rule, order, consent 
                agreement, action, relief, or requirement;
                    ``(B) for a chemical substance described in 
                paragraph (1)(C), a notice that satisfies the 
                obligation of the United States under the applicable 
                treaty; and
                    ``(C) for a chemical substance or mixture described 
                in paragraph (1)(E), a notice of availability of the 
                information on the chemical substance or mixture 
                submitted to the Administrator.''; and
            (3) in subsection (c), by striking paragraph (3).

SEC. 14. CONFIDENTIAL INFORMATION.

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

``SEC. 14. CONFIDENTIAL INFORMATION.

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

                                                    ``(AA) testing is 
                                                required under section 
                                                4; or

                                                    ``(BB) a 
                                                notification is 
                                                required under section 
                                                5; or

                                    ``(II) any information reported to, 
                                or otherwise obtained by, the 
                                Administrator from a health and safety 
                                study relating to a chemical substance 
                                or mixture described in item (aa) or 
                                (bb) of subclause (I).
                            ``(ii) Effect of subparagraph.--Nothing in 
                        this subparagraph authorizes the release of any 
                        information that discloses--
                                    ``(I) a process used in the 
                                manufacturing or processing of a 
                                chemical substance or mixture; or
                                    ``(II) in the case of a mixture, 
                                the portion of the mixture comprised by 
                                any chemical substance in the mixture.
                    ``(B) Other information not protected from 
                disclosure.--
                            ``(i) For information submitted after the 
                        date of enactment of the Frank R. Lautenberg 
                        Chemical Safety for the 21st Century Act, the 
                        specific identity of a chemical substance as of 
                        the date on which the chemical substance is 
                        first offered for commercial distribution, if 
                        the person submitting the information does not 
                        meet the requirements of subsection (d).
                            ``(ii) A safety assessment developed, or a 
                        safety determination made, under section 6.
                            ``(iii) Any general information describing 
                        the manufacturing volumes, expressed as 
                        specific aggregated volumes or, if the 
                        Administrator determines that disclosure of 
                        specific aggregated volumes would reveal 
                        confidential information, expressed in ranges.
                            ``(iv) A general description of a process 
                        used in the manufacture or processing and 
                        industrial, commercial, or consumer functions 
                        and uses of a chemical substance, mixture, or 
                        article containing a chemical substance or 
                        mixture, including information specific to an 
                        industry or industry sector that customarily 
                        would be shared with the general public or 
                        within an industry or industry sector.
            ``(2) Mixed confidential and nonconfidential information.--
        Any information that is eligible for protection under this 
        section and is submitted with information described in this 
        subsection shall be protected from disclosure, if the submitter 
        complies with subsection (d), subject to the condition that 
        information in the submission that is not eligible for 
        protection against disclosure shall be disclosed.
            ``(3) Ban or phase-out.--If the Administrator promulgates a 
        rule pursuant to section 6(d) that establishes a ban or phase-
        out of the manufacture, processing, or distribution in commerce 
        of a chemical substance, subject to paragraphs (2), (3), and 
        (4) of subsection (g), any protection from disclosure provided 
        under this section with respect to the specific identity of the 
        chemical substance and other information relating to the 
        chemical substance shall no longer apply.
            ``(4) Certain requests.--If a request is made to the 
        Administrator under section 552(a) of title 5, United States 
        Code, for information that is subject to disclosure under this 
        subsection, the Administrator may not deny the request on the 
        basis of section 552(b)(4) of title 5, United States Code.
    ``(d) Requirements for Confidentiality Claims.--
            ``(1) Assertion of claims.--
                    ``(A) In general.--A person seeking to protect any 
                information submitted under this Act from disclosure 
                (including information described in subsection (b)) 
                shall assert to the Administrator a claim for 
                protection concurrent with submission of the 
                information, in accordance with such rules regarding a 
                claim for protection from disclosure as the 
                Administrator has promulgated or may promulgate 
                pursuant to this title.
                    ``(B) Inclusion.--An assertion of a claim under 
                subparagraph (A) shall include a statement that the 
                person has--
                            ``(i) taken reasonable measures to protect 
                        the confidentiality of the information;
                            ``(ii) determined that the information is 
                        not required to be disclosed or otherwise made 
                        available to the public under any other Federal 
                        law;
                            ``(iii) a reasonable basis to conclude that 
                        disclosure of the information is likely to 
                        cause substantial harm to the competitive 
                        position of the person; and
                            ``(iv) a reasonable basis to believe that 
                        the information is not readily discoverable 
                        through reverse engineering.
                    ``(C) Specific chemical identity.--In the case of a 
                claim under subparagraph (A) for protection against 
                disclosure of a specific chemical identity, the claim 
                shall include a structurally descriptive generic name 
                for the chemical substance that the Administrator may 
                disclose to the public, subject to the condition that 
                the generic name shall--
                            ``(i) be consistent with guidance issued by 
                        the Administrator under paragraph (3)(A); and
                            ``(ii) describe the chemical structure of 
                        the substance as specifically as practicable 
                        while protecting those features of the chemical 
                        structure--
                                    ``(I) that are considered to be 
                                confidential; and
                                    ``(II) the disclosure of which 
                                would be likely to cause substantial 
                                harm to the competitive position of the 
                                person.
                    ``(D) Public information.--No person may assert a 
                claim under this section for protection from disclosure 
                of information that is already publicly available.
            ``(2) Additional requirements for confidentiality claims.--
        Except for information described in subsection (b), a person 
        asserting a claim to protect information from disclosure under 
        this Act shall substantiate the claim, in accordance with the 
        rules promulgated and consistent with the guidance issued by 
        the Administrator.
            ``(3) Guidance.--The Administrator shall develop guidance 
        regarding--
                    ``(A) the determination of structurally descriptive 
                generic names, in the case of claims for the protection 
                against disclosure of specific chemical identity; and
                    ``(B) the content and form of the statements of 
                need and agreements required under paragraphs (4), (5), 
                and (6) of subsection (e).
            ``(4) Certification.--An authorized official of a person 
        described in paragraph (1)(A) shall certify that the statement 
        required to assert a claim submitted pursuant to paragraph 
        (1)(B) and any information required to substantiate a claim 
        submitted pursuant to paragraph (2) are true and correct.
    ``(e) Exceptions to Protection From Disclosure.--Information 
described in subsection (a)--
            ``(1) shall be disclosed if the information is to be 
        disclosed to an officer or employee of the United States in 
        connection with the official duties of the officer or 
        employee--
                    ``(A) under any law for the protection of health or 
                the environment; or
                    ``(B) for a specific law enforcement purpose;
            ``(2) shall be disclosed if the information is to be 
        disclosed to a contractor of the United States and employees of 
        that contractor--
                    ``(A) if, in the opinion of the Administrator, the 
                disclosure is necessary for the satisfactory 
                performance by the contractor of a contract with the 
                United States for the performance of work in connection 
                with this Act; and
                    ``(B) subject to such conditions as the 
                Administrator may specify;
            ``(3) shall be disclosed if the Administrator determines 
        that disclosure is necessary to protect health or the 
        environment;
            ``(4) shall be disclosed if the information is to be 
        disclosed to a State or political subdivision of a State, on 
        written request, for the purpose of development, 
        administration, or enforcement of a law, if 1 or more 
        applicable agreements with the Administrator that are 
        consistent with the guidance issued under subsection (d)(3)(B) 
        ensure that the recipient will take appropriate measures, and 
        has adequate authority, to maintain the confidentiality of the 
        information in accordance with procedures comparable to the 
        procedures used by the Administrator to safeguard the 
        information;
            ``(5) shall be disclosed if a health or environmental 
        professional employed by a Federal or State agency or a 
        treating physician or nurse in a nonemergency situation 
        provides a written statement of need and agrees to sign a 
        written confidentiality agreement with the Administrator, 
        subject to the conditions that--
                    ``(A) the statement of need and confidentiality 
                agreement are consistent with the guidance issued under 
                subsection (d)(3)(B);
                    ``(B) the written statement of need shall be a 
                statement that the person has a reasonable basis to 
                suspect that--
                            ``(i) the information is necessary for, or 
                        will assist in--
                                    ``(I) the diagnosis or treatment of 
                                1 or more individuals; or
                                    ``(II) responding to an 
                                environmental release or exposure; and
                            ``(ii) 1 or more individuals being 
                        diagnosed or treated have been exposed to the 
                        chemical substance concerned, or an 
                        environmental release or exposure has occurred; 
                        and
                    ``(C) the confidentiality agreement shall provide 
                that the person will not use the information for any 
                purpose other than the health or environmental needs 
                asserted in the statement of need, except as otherwise 
                may be authorized by the terms of the agreement or by 
                the person submitting the information to the 
                Administrator, except that nothing in this Act 
                prohibits the disclosure of any such information 
                through discovery, subpoena, other court order, or any 
                other judicial process otherwise allowed under 
                applicable Federal or State law;
            ``(6) shall be disclosed if in the event of an emergency, a 
        treating physician, nurse, agent of a poison control center, 
        public health or environmental official of a State or political 
        subdivision of a State, or first responder (including any 
        individual duly authorized by a Federal agency, State, or 
        political subdivision of a State who is trained in urgent 
        medical care or other emergency procedures, including a police 
        officer, firefighter, or emergency medical technician) requests 
        the information, subject to the conditions that--
                    ``(A) the treating physician, nurse, agent, public 
                health or environmental official of a State or a 
                political subdivision of a State, or first responder 
                shall have a reasonable basis to suspect that--
                            ``(i) a medical or public health or 
                        environmental emergency exists;
                            ``(ii) the information is necessary for, or 
                        will assist in, emergency or first-aid 
                        diagnosis or treatment; or
                            ``(iii) 1 or more individuals being 
                        diagnosed or treated have likely been exposed 
                        to the chemical substance concerned, or a 
                        serious environmental release of or exposure to 
                        the chemical substance concerned has occurred;
                    ``(B) if requested by the person submitting the 
                information to the Administrator, the treating 
                physician, nurse, agent, public health or environmental 
                official of a State or a political subdivision of a 
                State, or first responder shall, as described in 
                paragraph (5)--
                            ``(i) provide a written statement of need; 
                        and
                            ``(ii) agree to sign a confidentiality 
                        agreement; and
                    ``(C) the written confidentiality agreement or 
                statement of need shall be submitted as soon as 
                practicable, but not necessarily before the information 
                is disclosed;
            ``(7) may be disclosed if the Administrator determines that 
        disclosure is relevant in a proceeding under this Act, subject 
        to the condition that the disclosure shall be made in such a 
        manner as to preserve confidentiality to the maximum extent 
        practicable without impairing the proceeding;
            ``(8) shall be disclosed if the information is to be 
        disclosed, on written request of any duly authorized 
        congressional committee, to that committee; or
            ``(9) shall be disclosed if the information is required to 
        be disclosed or otherwise made public under any other provision 
        of Federal law.
    ``(f) Duration of Protection From Disclosure.--
            ``(1) In general.--
                    ``(A) Information not subject to time limit for 
                protection from disclosure.--Subject to paragraph (2), 
                the Administrator shall protect from disclosure 
                information described in subsection (b) that meets the 
                requirements of subsections (a) and (d), unless--
                            ``(i) the person that asserted the claim 
                        notifies the Administrator that the person is 
                        withdrawing the claim, in which case the 
                        Administrator shall promptly make the 
                        information available to the public; or
                            ``(ii) the Administrator otherwise becomes 
                        aware that the information does not qualify or 
                        no longer qualifies for protection against 
                        disclosure under subsection (a), in which case 
                        the Administrator shall take any actions 
                        required under subsection (g)(2).
                    ``(B) Information subject to time limit for 
                protection from disclosure.--Subject to paragraph (2), 
                the Administrator shall protect from disclosure 
                information, other than information described in 
                subsection (b), that meets the requirements of 
                subsections (a) and (d) for a period of 10 years, 
                unless, prior to the expiration of the period--
                            ``(i) the person that asserted the claim 
                        notifies the Administrator that the person is 
                        withdrawing the claim, in which case the 
                        Administrator shall promptly make the 
                        information available to the public; or
                            ``(ii) the Administrator otherwise becomes 
                        aware that the information does not qualify or 
                        no longer qualifies for protection against 
                        disclosure under subsection (a), in which case 
                        the Administrator shall take any actions 
                        required under subsection (g)(2).
                    ``(C) Extensions.--
                            ``(i) In general.--Not later than the date 
                        that is 60 days before the expiration of the 
                        period described in subparagraph (B), the 
                        Administrator shall provide to the person that 
                        asserted the claim a notice of the impending 
                        expiration of the period.
                            ``(ii) Statement.--
                                    ``(I) In general.--Not later than 
                                the date that is 30 days before the 
                                expiration of the period described in 
                                subparagraph (B), a person reasserting 
                                the relevant claim shall submit to the 
                                Administrator a request for extension 
                                substantiating, in accordance with 
                                subsection (d)(2), the need to extend 
                                the period.
                                    ``(II) Action by administrator.--
                                Not later than the date of expiration 
                                of the period described in subparagraph 
                                (B), the Administrator shall, in 
                                accordance with subsection (g)(1)(C)--
                                            ``(aa) review the request 
                                        submitted under subclause (I);
                                            ``(bb) make a determination 
                                        regarding whether the claim for 
                                        which the request was submitted 
                                        continues to meet the relevant 
                                        criteria established under this 
                                        section; and
                                            ``(cc)(AA) grant an 
                                        extension of 10 years; or
                                            ``(BB) deny the request.
                    ``(D) No limit on number of extensions.--There 
                shall be no limit on the number of extensions granted 
                under subparagraph (C), if the Administrator determines 
                that the relevant request under subparagraph 
                (C)(ii)(I)--
                            ``(i) establishes the need to extend the 
                        period; and
                            ``(ii) meets the requirements established 
                        by the Administrator.
            ``(2) Review and resubstantiation.--
                    ``(A) Discretion of administrator.--The 
                Administrator may review, at any time, a claim for 
                protection of information against disclosure under 
                subsection (a) and require any person that has claimed 
                protection for that information, whether before, on, or 
                after the date of enactment of the Frank R. Lautenberg 
                Chemical Safety for the 21st Century Act, to withdraw 
                or reassert and substantiate or resubstantiate the 
                claim in accordance with this section--
                            ``(i) after the chemical substance is 
                        identified as a high-priority substance under 
                        section 4A;
                            ``(ii) for any chemical substance for which 
                        the Administrator has made a determination 
                        under section 6(c)(1)(C);
                            ``(iii) for any inactive chemical substance 
                        identified under section 8(b)(5); or
                            ``(iv) in limited circumstances, if the 
                        Administrator determines that disclosure of 
                        certain information currently protected from 
                        disclosure would assist the Administrator in 
                        conducting safety assessments and safety 
                        determinations under subsections (b) and (c) of 
                        section 6 or promulgating rules pursuant to 
                        section 6(d).
                    ``(B) Review required.--The Administrator shall 
                review a claim for protection of information against 
                disclosure under subsection (a) and require any person 
                that has claimed protection for that information, 
                whether before, on, or after the date of enactment of 
                the Frank R. Lautenberg Chemical Safety for the 21st 
                Century Act, to withdraw or reassert and substantiate 
                or resubstantiate the claim in accordance with this 
                section--
                            ``(i) as necessary to determine whether the 
                        information qualifies for an exemption from 
                        disclosure in connection with a request for 
                        information received by the Administrator under 
                        section 552 of title 5, United States Code;
                            ``(ii) if the Administrator has a 
                        reasonable basis to believe that the 
                        information does not qualify for protection 
                        against disclosure under subsection (a); or
                            ``(iii) for any substance for which the 
                        Administrator has made a determination under 
                        section 6(c)(1)(B).
                    ``(C) Action by recipient.--If the Administrator 
                makes a request under subparagraph (A) or (B), the 
                recipient of the request shall--
                            ``(i) reassert and substantiate or 
                        resubstantiate the claim; or
                            ``(ii) withdraw the claim.
                    ``(D) Period of protection.--Protection from 
                disclosure of information subject to a claim that is 
                reviewed and approved by the Administrator under this 
                paragraph shall be extended for a period of 10 years 
                from the date of approval, subject to any subsequent 
                request by the Administrator under this paragraph.
            ``(3) Unique identifier.--The Administrator shall--
                    ``(A)(i) develop a system to assign a unique 
                identifier to each specific chemical identity for which 
                the Administrator approves a request for protection 
                from disclosure, other than a specific chemical 
                identity or structurally descriptive generic term; and
                    ``(ii) apply that identifier consistently to all 
                information relevant to the applicable chemical 
                substance;
                    ``(B) annually publish and update a list of 
                chemical substances, referred to by unique identifier, 
                for which claims to protect the specific chemical 
                identity from disclosure have been approved, including 
                the expiration date for each such claim;
                    ``(C) ensure that any nonconfidential information 
                received by the Administrator with respect to such a 
                chemical substance during the period of protection from 
                disclosure--
                            ``(i) is made public; and
                            ``(ii) identifies the chemical substance 
                        using the unique identifier; and
                    ``(D) for each claim for protection of specific 
                chemical identity that has been denied by the 
                Administrator or expired, or that has been withdrawn by 
                the submitter, provide public access to the specific 
                chemical identity clearly linked to all nonconfidential 
                information received by the Administrator with respect 
                to the chemical substance.
    ``(g) Duties of Administrator.--
            ``(1) Determination.--
                    ``(A) In general.--Except as provided in subsection 
                (b), the Administrator shall, subject to subparagraph 
                (C), not later than 90 days after the receipt of a 
                claim under subsection (d), and not later than 30 days 
                after the receipt of a request for extension of a claim 
                under subsection (f), review and approve, modify, or 
                deny the claim or request.
                    ``(B) Reasons for denial or modification.--If the 
                Administrator denies or modifies a claim or request 
                under subparagraph (A), the Administrator shall provide 
                to the person that submitted the claim or request a 
                written statement of the reasons for the denial or 
                modification of the claim or request.
                    ``(C) Subsets.--The Administrator shall--
                            ``(i) except for claims described in 
                        subsection (b)(8), review all claims or 
                        requests under this section for the protection 
                        against disclosure of the specific identity of 
                        a chemical substance; and
                            ``(ii) review a representative subset, 
                        comprising at least 25 percent, of all other 
                        claims or requests for protection against 
                        disclosure.
                    ``(D) Effect of failure to act.--The failure of the 
                Administrator to make a decision regarding a claim or 
                request for protection against disclosure or extension 
                under this section shall not be the basis for denial or 
                elimination of a claim or request for protection 
                against disclosure.
            ``(2) Notification.--
                    ``(A) In general.--Except as provided in 
                subparagraph (B) and subsections (c), (e), and (f), if 
                the Administrator denies or modifies a claim or request 
                under paragraph (1), intends to release information 
                pursuant to subsection (e), or promulgates a rule under 
                section 6(d) establishing a ban or phase-out of a 
                chemical substance, the Administrator shall notify, in 
                writing and by certified mail, the person that 
                submitted the claim of the intent of the Administrator 
                to release the information.
                    ``(B) Release of information.--Except as provided 
                in subparagraph (C), the Administrator shall not 
                release information under this subsection until the 
                date that is 30 days after the date on which the person 
                that submitted the request receives notification under 
                subparagraph (A).
                    ``(C) Exceptions.--
                            ``(i) In general.--For information under 
                        paragraph (3) or (8) of subsection (e), the 
                        Administrator shall not release that 
                        information until the date that is 15 days 
                        after the date on which the person that 
                        submitted the claim or request receives a 
                        notification, unless the Administrator 
                        determines that release of the information is 
                        necessary to protect against an imminent and 
                        substantial harm to health or the environment, 
                        in which case no prior notification shall be 
                        necessary.
                            ``(ii) Notification as soon as 
                        practicable.--For information under paragraphs 
                        (4) and (6) of subsection (e), the 
                        Administrator shall notify the person that 
                        submitted the information that the information 
                        has been disclosed as soon as practicable after 
                        disclosure of the information.
                            ``(iii) No notification required.--
                        Notification shall not be required--
                                    ``(I) for the disclosure of 
                                information under paragraph (1), (2), 
                                (7), or (9) of subsection (e); or
                                    ``(II) for the disclosure of 
                                information for which--
                                            ``(aa) a notice under 
                                        subsection (f)(1)(C)(i) was 
                                        received; and
                                            ``(bb) no request was 
                                        received by the Administrator 
                                        on or before the date of 
                                        expiration of the period for 
                                        which protection from 
                                        disclosure applies.
            ``(3) Rebuttable presumption.--
                    ``(A) In general.--With respect to notifications 
                provided by the Administrator under paragraph (2) with 
                respect to information pertaining to a chemical 
                substance subject to a rule as described in subsection 
                (c)(3), there shall be a rebuttable presumption that 
                the public interest in disclosing confidential 
                information related to a chemical substance subject to 
                a rule promulgated under section 6(d) that establishes 
                a ban or phase-out of the manufacture, processing, or 
                distribution in commerce of the substance outweighs the 
                proprietary interest in maintaining the protection from 
                disclosure of that information.
                    ``(B) Request for nondisclosure.--A person that 
                receives a notification under paragraph (2) with 
                respect to the information described in subparagraph 
                (A) may submit to the Administrator, before the date on 
                which the information is to be released pursuant to 
                paragraph (2)(B), a request with supporting 
                documentation describing why the person believes some 
                or all of that information should not be disclosed.
                    ``(C) Determination by administrator.--
                            ``(i) In general.--Not later than 30 days 
                        after the Administrator receives a request 
                        under subparagraph (B), the Administrator shall 
                        determine whether the documentation provided by 
                        the person making the request rebuts or does 
                        not rebut the presumption described in 
                        subparagraph (A), for all or a portion of the 
                        information that the person has requested not 
                        be disclosed.
                            ``(ii) Objective.--The Administrator shall 
                        make the determination with the objective of 
                        ensuring that information relevant to 
                        protection of health and the environment is 
                        disclosed to the maximum extent practicable.
                    ``(D) Timing.--Not later than 30 days after making 
                the determination described in subparagraph (C), the 
                Administrator shall make public the information the 
                Administrator has determined is not to be protected 
                from disclosure.
                    ``(E) No timely request received.--If the 
                Administrator does not receive, before the date on 
                which the information described in subparagraph (A) is 
                to be released pursuant to paragraph (2)(B), a request 
                pursuant to subparagraph (B), the Administrator shall 
                promptly make public all of the information.
            ``(4) Appeals.--
                    ``(A) In general.--If a person receives a 
                notification under paragraph (2) and believes 
                disclosure of the information is prohibited under 
                subsection (a), before the date on which the 
                information is to be released pursuant to paragraph 
                (2)(B), the person may bring an action to restrain 
                disclosure of the information in--
                            ``(i) the United States district court of 
                        the district in which the complainant resides 
                        or has the principal place of business; or
                            ``(ii) the United States District Court for 
                        the District of Columbia.
                    ``(B) No disclosure.--The Administrator shall not 
                disclose any information that is the subject of an 
                appeal under this section before the date on which the 
                applicable court rules on an action under subparagraph 
                (A).
            ``(5) Request and notification system.--The Administrator, 
        in consultation with the Director of the Centers for Disease 
        Control and Prevention, shall develop a request and 
        notification system that allows for expedient and swift access 
        to information disclosed pursuant to paragraphs (5) and (6) of 
        subsection (e) in a format and language that is readily 
        accessible and understandable.
    ``(h) Criminal Penalty for Wrongful Disclosure.--
            ``(1) Officers and employees of united states.--
                    ``(A) In general.--Subject to paragraph (2), a 
                current or former officer or employee of the United 
                States described in subparagraph (B) shall be guilty of 
                a misdemeanor and fined under title 18, United States 
                Code, or imprisoned for not more than 1 year, or both.
                    ``(B) Description.--A current or former officer or 
                employee of the United States referred to in 
                subparagraph (A) is a current or former officer or 
                employee of the United States who--
                            ``(i) by virtue of that employment or 
                        official position has obtained possession of, 
                        or has access to, material the disclosure of 
                        which is prohibited by subsection (a); and
                            ``(ii) knowing that disclosure of that 
                        material is prohibited by subsection (a), 
                        willfully discloses the material in any manner 
                        to any person not entitled to receive that 
                        material.
            ``(2) Other laws.--Section 1905 of title 18, United States 
        Code, shall not apply with respect to the publishing, 
        divulging, disclosure, making known of, or making available, 
        information reported or otherwise obtained under this Act.
            ``(3) Contractors.--For purposes of this subsection, any 
        contractor of the United States that is provided information in 
        accordance with subsection (e)(2), including any employee of 
        that contractor, shall be considered to be an employee of the 
        United States.
    ``(i) Applicability.--
            ``(1) In general.--Except as otherwise provided in this 
        section, section 8, or any other applicable Federal law, the 
        Administrator shall have no authority--
                    ``(A) to require the substantiation or 
                resubstantiation of a claim for the protection from 
                disclosure of information reported to or otherwise 
                obtained by the Administrator under this Act before the 
                date of enactment of the Frank R. Lautenberg Chemical 
                Safety for the 21st Century Act; or
                    ``(B) to impose substantiation or resubstantiation 
                requirements under this Act that are more extensive 
                than those required under this section.
            ``(2) Actions prior to promulgation of rules.--Nothing in 
        this Act prevents the Administrator from reviewing, requiring 
        substantiation or resubstantiation for, or approving, modifying 
        or denying any claim for the protection from disclosure of 
        information before the effective date of such rules applicable 
        to those claims as the Administrator may promulgate after the 
        date of enactment of the Frank R. Lautenberg Chemical Safety 
        for the 21st Century Act.''.

SEC. 15. PROHIBITED ACTS.

    Section 15 of the Toxic Substances Control Act (15 U.S.C. 2614) is 
amended by striking paragraph (1) and inserting the following:
            ``(1) fail or refuse to comply with--
                    ``(A) any rule promulgated, consent agreement 
                entered into, or order issued under section 4;
                    ``(B) any requirement under section 5 or 6;
                    ``(C) any rule promulgated, consent agreement 
                entered into, or order issued under section 5 or 6; or
                    ``(D) any requirement of, or any rule promulgated 
                or order issued pursuant to title II;''.

SEC. 16. PENALTIES.

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

SEC. 17. STATE-FEDERAL RELATIONSHIP.

    Section 18 of the Toxic Substances Control Act (15 U.S.C. 2617) is 
amended by striking subsections (a) and (b) and inserting the 
following:
    ``(a) In General.--
            ``(1) Establishment or enforcement.--Except as provided in 
        subsections (c), (d), (e), (f), and (g), and subject to 
        paragraph (2), no State or political subdivision of a State may 
        establish or continue to enforce any of the following:
                    ``(A) Testing.--A statute or administrative action 
                to require the development of information on a chemical 
                substance or category of substances that is reasonably 
                likely to produce the same information required under 
                section 4, 5, or 6 in--
                            ``(i) a rule promulgated by the 
                        Administrator;
                            ``(ii) a testing consent agreement entered 
                        into by the Administrator; or
                            ``(iii) an order issued by the 
                        Administrator.
                    ``(B) Chemical substances found to meet the safety 
                standard or restricted.--A statute or administrative 
                action to prohibit or otherwise restrict the 
                manufacture, processing, or distribution in commerce or 
                use of a chemical substance--
                            ``(i) found to meet the safety standard and 
                        consistent with the scope of the determination 
                        made under section 6; or
                            ``(ii) found not to meet the safety 
                        standard, after the effective date of the rule 
                        issued under section 6(d) for the substance, 
                        consistent with the scope of the determination 
                        made by the Administrator.
                    ``(C) Significant new use.--A statute or 
                administrative action requiring the notification of a 
                use of a chemical substance that the Administrator has 
                specified as a significant new use and for which the 
                Administrator has required notification pursuant to a 
                rule promulgated under section 5.
            ``(2) Effective date of preemption.--Under this subsection, 
        Federal preemption of statutes and administrative actions 
        applicable to specific substances shall not occur until the 
        effective date of the applicable action described in paragraph 
        (1) taken by the Administrator.
    ``(b) New Statutes or Administrative Actions Creating Prohibitions 
or Other Restrictions.--
            ``(1) In general.--Except as provided in subsections (c), 
        (d), (e), (f), and (g), beginning on the date on which the 
        Administrator defines and publishes the scope of a safety 
        assessment and safety determination under section 6(a)(2) and 
        ending on the date on which the deadline established pursuant 
        to section 6(a) for completion of the safety determination 
        expires, or on the date on which the Administrator publishes 
        the safety determination under section 6(a), whichever is 
        earlier, no State or political subdivision of a State may 
        establish a statute or administrative action prohibiting or 
        restricting the manufacture, processing, distribution in 
        commerce or use of a chemical substance that is a high-priority 
        substance designated under section 4A.
            ``(2) Effect of subsection.--
                    ``(A) In general.--This subsection does not 
                restrict the authority of a State or political 
                subdivision of a State to continue to enforce any 
                statute enacted, or administrative action taken, prior 
                to the date on which the Administrator defines and 
                publishes the scope of a safety assessment and safety 
                determination under section 6(a)(2).
                    ``(B) Limitation.--Subparagraph (A) does not allow 
                a State or political subdivision of a State to enforce 
                any new prohibition or restriction under a statute or 
                administrative action described in that subparagraph, 
                if the prohibition or restriction is established after 
                the date described in that subparagraph.
    ``(c) Scope of Preemption.--Federal preemption under subsections 
(a) and (b) of statutes and administrative actions applicable to 
specific substances shall apply only to--
            ``(1) the chemical substances or category of substances 
        subject to a rule, order, or consent agreement under section 4;
            ``(2) the hazards, exposures, risks, and uses or conditions 
        of use of such substances that are identified by the 
        Administrator as subject to review in a safety assessment and 
        included in the scope of the safety determination made by the 
        Administrator for the substance, or of any rule the 
        Administrator promulgates pursuant to section 6(d); or
            ``(3) the uses of such substances that the Administrator 
        has specified as significant new uses and for which the 
        Administrator has required notification pursuant to a rule 
        promulgated under section 5.
    ``(d) Exceptions.--
            ``(1) No preemption of statutes and administrative 
        actions.--
                    ``(A) In general.--Nothing in this Act, nor any 
                amendment made by this Act, nor any rule, standard of 
                performance, safety determination, or scientific 
                assessment implemented pursuant to this Act, shall 
                affect the right of a State or a political subdivision 
                of a State to adopt or enforce any rule, standard of 
                performance, safety determination, scientific 
                assessment, or any protection for public health or the 
                environment that--
                            ``(i) is adopted or authorized under the 
                        authority of any other Federal law or adopted 
                        to satisfy or obtain authorization or approval 
                        under any other Federal law;
                            ``(ii) implements a reporting, monitoring, 
                        disclosure, or other information obligation for 
                        the chemical substance not otherwise required 
                        by the Administrator under this Act or required 
                        under any other Federal law;
                            ``(iii) is adopted pursuant to authority 
                        under a law of the State or political 
                        subdivision of the State related to water 
                        quality, air quality, or waste treatment or 
                        disposal, except to the extent that the 
                        action--
                                    ``(I) imposes a restriction on the 
                                manufacture, processing, distribution 
                                in commerce, or use of a chemical 
                                substance; and
                                    ``(II)(aa) addresses the same 
                                hazards and exposures, with respect to 
                                the same conditions of use as are 
                                included in the scope of the safety 
                                determination pursuant to section 6, 
                                but is inconsistent with the action of 
                                the Administrator; or
                                    ``(bb) would cause a violation of 
                                the applicable action by the 
                                Administrator under section 5 or 6; or
                            ``(iv) subject to subparagraph (B), is 
                        identical to a requirement prescribed by the 
                        Administrator.
                    ``(B) Identical requirements.--
                            ``(i) In general.--The penalties and other 
                        sanctions applicable under a law of a State or 
                        political subdivision of a State in the event 
                        of noncompliance with the identical requirement 
                        shall be no more stringent than the penalties 
                        and other sanctions available to the 
                        Administrator under section 16 of this Act.
                            ``(ii) Penalties.--In the case of an 
                        identical requirement--
                                    ``(I) a State or political 
                                subdivision of a State may not assess a 
                                penalty for a specific violation for 
                                which the Administrator has assessed an 
                                adequate penalty under section 16; and
                                    ``(II) if a State or political 
                                subdivision of a State has assessed a 
                                penalty for a specific violation, the 
                                Administrator may not assess a penalty 
                                for that violation in an amount that 
                                would cause the total of the penalties 
                                assessed for the violation by the State 
                                or political subdivision of a State and 
                                the Administrator combined to exceed 
                                the maximum amount that may be assessed 
                                for that violation by the Administrator 
                                under section 16.
            ``(2) Applicability to certain rules or orders.--
        Notwithstanding subsection (e)--
                    ``(A) nothing in this section shall be construed as 
                modifying the effect under this section, as in effect 
                on the day before the effective date of the Frank R. 
                Lautenberg Chemical Safety for the 21st Century Act, of 
                any rule or order promulgated or issued under this Act 
                prior to that effective date; and
                    ``(B) with respect to a chemical substance or 
                mixture for which any rule or order was promulgated or 
                issued under section 6 prior to the effective date of 
                the Frank R. Lautenberg Chemical Safety for the 21st 
                Century Act with regards to manufacturing, processing, 
                distribution in commerce, use, or disposal of a 
                chemical substance, this section (as in effect on the 
                day before the effective date of the Frank R. 
                Lautenberg Chemical Safety for the 21st Century Act) 
                shall govern the preemptive effect of any rule or order 
                that is promulgated or issued respecting such chemical 
                substance or mixture under section 6 of this Act after 
                that effective date, unless the latter rule or order is 
                with respect to a chemical substance or mixture 
                containing a chemical substance and follows a 
                designation of that chemical substance as a high-
                priority substance under subsection (b) or (c) of 
                section 4A or as an additional priority for safety 
                assessment and safety determination under section 
                4A(c).
    ``(e) Preservation of Certain Laws.--
            ``(1) In general.--Nothing in this Act, subject to 
        subsection (g) of this section, shall--
                    ``(A) be construed to preempt or otherwise affect 
                the authority of a State or political subdivision of a 
                State to continue to enforce any action taken before 
                August 1, 2015, under the authority of a law of the 
                State or political subdivision of the State that 
                prohibits or otherwise restricts manufacturing, 
                processing, distribution in commerce, use, or disposal 
                of a chemical substance; or
                    ``(B) be construed to preempt or otherwise affect 
                any action taken pursuant to a State law that was in 
                effect on August 31, 2003.
            ``(2) Effect of subsection.--This subsection does not 
        affect, modify, or alter the relationship between Federal law 
        and laws of a State or political subdivision of a State 
        pursuant to any other Federal law.
    ``(f) Waivers.--
            ``(1) Discretionary exemptions.--Upon application of a 
        State or political subdivision of a State, the Administrator 
        may by rule, exempt from subsection (a), under such conditions 
        as may be prescribed in the rule, a statute or administrative 
        action of that State or political subdivision of the State that 
        relates to the effects of, or exposure to, a chemical substance 
        under the conditions of use if the Administrator determines 
        that--
                    ``(A) compelling conditions warrant granting the 
                waiver to protect health or the environment;
                    ``(B) compliance with the proposed requirement of 
                the State or political subdivision of the State would 
                not unduly burden interstate commerce in the 
                manufacture, processing, distribution in commerce, or 
                use of a chemical substance;
                    ``(C) compliance with the proposed requirement of 
                the State or political subdivision of the State would 
                not cause a violation of any applicable Federal law, 
                rule, or order; and
                    ``(D) in the judgment of the Administrator, the 
                proposed requirement of the State or political 
                subdivision of the State is designed to address a risk 
                of a chemical substance, under the conditions of use, 
                that was identified--
                            ``(i) consistent with the best available 
                        science;
                            ``(ii) using supporting studies conducted 
                        in accordance with sound and objective 
                        scientific practices; and
                            ``(iii) based on the weight of the 
                        scientific evidence.
            ``(2) Required exemptions.--Upon application of a State or 
        political subdivision of a State, the Administrator shall 
        exempt from subsection (b) a statute or administrative action 
        of a State or political subdivision of a State that relates to 
        the effects of exposure to a chemical substance under the 
        conditions of use if the Administrator determines that--
                    ``(A) compliance with the proposed requirement of 
                the State or political subdivision of the State would 
                not unduly burden interstate commerce in the 
                manufacture, processing, distribution in commerce, or 
                use of a chemical substance;
                    ``(B) compliance with the proposed requirement of 
                the State or political subdivision of the State would 
                not cause a violation of any applicable Federal law, 
                rule, or order; and
                    ``(C) the State or political subdivision of the 
                State has a concern about the chemical substance or use 
                of the chemical substance based in peer-reviewed 
                science.
            ``(3) Determination of a waiver request.--The duty of the 
        Administrator to grant or deny a waiver application shall be 
        nondelegable and shall be exercised--
                    ``(A) not later than 180 days after the date on 
                which an application under paragraph (1) is submitted; 
                and
                    ``(B) not later than 110 days after the date on 
                which an application under paragraph (2) is submitted.
            ``(4) Failure to make determination.--If the Administrator 
        fails to make a determination under paragraph (3)(B) during the 
        110-day period beginning on the date on which an application 
        under paragraph (2) is submitted, the statute or administrative 
        action of the State or political subdivision of the State that 
        was the subject of the application shall not be considered to 
        be an existing statute or administrative action for purposes of 
        subsection (b) by reason of the failure of the Administrator to 
        make a determination.
            ``(5) Notice and comment.--Except in the case of an 
        application approved under paragraph (9), the application of a 
        State or political subdivision of a State shall be subject to 
        public notice and comment.
            ``(6) Final agency action.--The decision of the 
        Administrator on the application of a State or political 
        subdivision of a State shall be--
                    ``(A) considered to be a final agency action; and
                    ``(B) subject to judicial review.
            ``(7) Duration of waivers.--A waiver granted under 
        paragraph (2) or approved under paragraph (9) shall remain in 
        effect until such time as the Administrator publishes the 
        safety determination under section 6(a)(4).
            ``(8) Judicial review of waivers.--Not later than 60 days 
        after the date on which the Administrator makes a determination 
        on an application of a State or political subdivision of a 
        State under paragraph (1) or (2), any person may file a 
        petition for judicial review in the United States Court of 
        Appeals for the District of Columbia Circuit, which shall have 
        exclusive jurisdiction over the determination.
            ``(9) Approval.--
                    ``(A) Automatic approval.--If the Administrator 
                fails to meet the deadline established under paragraph 
                (3)(B), the application of a State or political 
                subdivision of a State under paragraph (2) shall be 
                automatically approved, effective on the date that is 
                10 days after the deadline.
                    ``(B) Requirements.--Notwithstanding paragraph (6), 
                approval of a waiver application under subparagraph (A) 
                for failure to meet the deadline under paragraph (3)(B) 
                shall not be considered final agency action or be 
                subject to judicial review or public notice and 
                comment.
    ``(g) Savings.--
            ``(1) No preemption of common law or statutory causes of 
        action for civil relief or criminal conduct.--
                    ``(A) In general.--Nothing in this Act, nor any 
                amendment made by this Act, nor any safety standard, 
                rule, requirement, standard of performance, safety 
                determination, or scientific assessment implemented 
                pursuant to this Act, shall be construed to preempt, 
                displace, or supplant any state or Federal common law 
                rights or any state or Federal statute creating a 
                remedy for civil relief, including those for civil 
                damage, or a penalty for a criminal conduct.
                    ``(B) Clarification of no preemption.--
                Notwithstanding any other provision of this Act, 
                nothing in this Act, nor any amendments made by this 
                Act, shall preempt or preclude any cause of action for 
                personal injury, wrongful death, property damage, or 
                other injury based on negligence, strict liability, 
                products liability, failure to warn, or any other legal 
                theory of liability under any State law, maritime law, 
                or Federal common law or statutory theory.
            ``(2) No effect on private remedies.--
                    ``(A) In general.--Nothing in this Act, nor any 
                amendments made by this Act, nor any rules, 
                regulations, requirements, safety assessments, safety 
                determinations, scientific assessments, or orders 
                issued pursuant to this Act shall be interpreted as, in 
                either the plaintiff's or defendant's favor, 
                dispositive in any civil action.
                    ``(B) Authority of courts.--This Act does not 
                affect the authority of any court to make a 
                determination in an adjudicatory proceeding under 
                applicable State or Federal law with respect to the 
                admission into evidence or any other use of this Act or 
                rules, regulations, requirements, standards of 
                performance, safety assessments, scientific 
                assessments, or orders issued pursuant to this Act.''.

SEC. 18. JUDICIAL REVIEW.

    Section 19 of the Toxic Substances Control Act (15 U.S.C. 2618) is 
amended--
            (1) in subsection (a)--
                    (A) in paragraph (1)--
                            (i) in subparagraph (A)--
                                    (I) in the first sentence--
                                            (aa) by striking ``Not'' 
                                        and inserting ``Except as 
                                        otherwise provided in this 
                                        title, not'';
                                            (bb) by striking ``section 
                                        4(a), 5(a)(2), 5(b)(4), 6(a), 
                                        6(e), or 8, or under title II 
                                        or IV'' and inserting ``this 
                                        title or title II or IV, or an 
                                        order under section 
                                        6(c)(1)(A)''; and
                                            (cc) by striking ``judicial 
                                        review of such rule'' and 
                                        inserting ``judicial review of 
                                        such rule or order''; and
                                    (II) in the second sentence, by 
                                striking ``such a rule'' and inserting 
                                ``such a rule or order''; and
                            (ii) in subparagraph (B)--
                                    (I) by striking ``Courts'' and 
                                inserting ``Except as otherwise 
                                provided in this title, courts''; and
                                    (II) by striking ``an order issued 
                                under subparagraph (A) or (B) of 
                                section 6(b)(1)'' and inserting ``an 
                                order issued under this title'';
                    (B) in paragraph (2), in the second sentence, by 
                striking ``the filing of the rulemaking record of 
                proceedings on which the Administrator based the rule 
                being reviewed'' and inserting ``the filing of the 
                record of proceedings on which the Administrator based 
                the rule or order being reviewed''; and
                    (C) by striking paragraph (3) and inserting the 
                following:
            ``(3) Judicial review of low-priority decisions.--
                    ``(A) In general.--Not later than 60 days after the 
                publication of a designation under section 4A(b)(4), or 
                a designation under section 4A(b)(8) of a chemical 
                substance as a low-priority substance, any person may 
                commence a civil action to challenge the designation.
                    ``(B) Jurisdiction.--The United States Court of 
                Appeals for the District of Columbia Circuit shall have 
                exclusive jurisdiction over a civil action filed under 
                this paragraph.''; and
            (2) in subsection (c)(1)(B)--
                    (A) in clause (i)--
                            (i) by striking ``section 4(a), 5(b)(4), 
                        6(a), or 6(e)'' and inserting ``section 4(a), 
                        6(d), or 6(g), or an order under section 
                        6(c)(1)(A)''; and
                            (ii) by striking ``evidence in the 
                        rulemaking record (as defined in subsection 
                        (a)(3)) taken as a whole;'' and inserting 
                        ``evidence (including any matter) in the 
                        rulemaking record, taken as a whole; and''; and
                    (B) by striking clauses (ii) and (iii) and the 
                matter following clause (iii) and inserting the 
                following:
                            ``(ii) the court may not review the 
                        contents and adequacy of any statement of basis 
                        and purpose required by section 553(c) of title 
                        5, United States Code, to be incorporated in 
                        the rule, except as part of the rulemaking 
                        record, taken as a whole.''.

SEC. 19. CITIZENS' CIVIL ACTIONS.

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

SEC. 20. CITIZENS' PETITIONS.

    Section 21 of the Toxic Substances Control Act (15 U.S.C. 2620) is 
amended--
            (1) in subsection (a), by striking ``an order under section 
        5(e) or 6(b)(2)'' and inserting ``an order under section 4 or 
        5(d)''; and
            (2) in subsection (b)--
                    (A) in paragraph (1), by striking ``an order under 
                section 5(e), 6(b)(1)(A), or 6(b)(1)(B)'' and inserting 
                ``an order under section 4 or 5(d)''; and
                    (B) in paragraph (4), by striking subparagraph (B) 
                and inserting the following:
                    ``(B) De novo proceeding.--
                            ``(i) In general.--In an action under 
                        subparagraph (A) to initiate a proceeding to 
                        issue a rule pursuant to section 4, 5, 6, or 8 
                        or issue an order under section 4 or 5(d), the 
                        petitioner shall be provided an opportunity to 
                        have the petition considered by the court in a 
                        de novo proceeding.
                            ``(ii) Demonstration.--
                                    ``(I) In general.--The court in a 
                                de novo proceeding under this 
                                subparagraph shall order the 
                                Administrator to initiate the action 
                                requested by the petitioner if the 
                                petitioner demonstrates to the 
                                satisfaction of the court by a 
                                preponderance of the evidence that--
                                            ``(aa) in the case of a 
                                        petition to initiate a 
                                        proceeding for the issuance of 
                                        a rule or order under section 
                                        4, the information is needed 
                                        for a purpose identified in 
                                        section 4(a);
                                            ``(bb) in the case of a 
                                        petition to issue an order 
                                        under section 5(d), the 
                                        chemical substance is not 
                                        likely to meet the safety 
                                        standard;
                                            ``(cc) in the case of a 
                                        petition to initiate a 
                                        proceeding for the issuance of 
                                        a rule under section 6(d), the 
                                        chemical substance does not 
                                        meet the safety standard; or
                                            ``(dd) in the case of a 
                                        petition to initiate a 
                                        proceeding for the issuance of 
                                        a rule under section 8, there 
                                        is a reasonable basis to 
                                        conclude that the rule is 
                                        necessary to protect health or 
                                        the environment or ensure that 
                                        the chemical substance meets 
                                        the safety standard.
                                    ``(II) Deferment.--The court in a 
                                de novo proceeding under this 
                                subparagraph may permit the 
                                Administrator to defer initiating the 
                                action requested by the petitioner 
                                until such time as the court 
                                prescribes, if the court finds that--
                                            ``(aa) the extent of the 
                                        risk to health or the 
                                        environment alleged by the 
                                        petitioner is less than the 
                                        extent of risks to health or 
                                        the environment with respect to 
                                        which the Administrator is 
                                        taking action under this Act; 
                                        and
                                            ``(bb) there are 
                                        insufficient resources 
                                        available to the Administrator 
                                        to take the action requested by 
                                        the petitioner.''.

SEC. 21. EMPLOYMENT EFFECTS.

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

SEC. 22. STUDIES.

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

SEC. 23. ADMINISTRATION.

    Section 26 of the Toxic Substances Control Act (15 U.S.C. 2625) is 
amended--
            (1) by striking subsection (b) and inserting the following:
    ``(b) Fees.--
            ``(1) In general.--The Administrator shall establish, not 
        later than 1 year after the date of enactment of the Frank R. 
        Lautenberg Chemical Safety for the 21st Century Act, by rule--
                    ``(A) the payment of 1 or more reasonable fees as a 
                condition of submitting a notice or requesting an 
                exemption under section 5; and
                    ``(B) the payment of 1 or more reasonable fees by a 
                manufacturer or processor that--
                            ``(i) is required to submit a notice 
                        pursuant to the rule promulgated under section 
                        8(b)(4)(A)(i) identifying a chemical substance 
                        as active;
                            ``(ii) is required to submit a notice 
                        pursuant to section 8(b)(5)(B)(i) changing the 
                        status of a chemical substance from inactive to 
                        active;
                            ``(iii) is required to report information 
                        pursuant to the rules promulgated under 
                        paragraph (1) or (4) of section 8(a); or
                            ``(iv) manufactures or processes a chemical 
                        substance subject to a safety assessment and 
                        safety determination pursuant to section 6.
            ``(2) Utilization and collection of fees.--The 
        Administrator shall--
                    ``(A) utilize the fees collected under paragraph 
                (1) only to defray costs associated with the actions of 
                the Administrator--
                            ``(i) to collect, process, review, provide 
                        access to, and protect from disclosure (where 
                        appropriate) information on chemical substances 
                        under this Act;
                            ``(ii) to review notices and make 
                        determinations for chemical substances under 
                        paragraphs (1) and (3) of section 5(d) and 
                        impose any necessary restrictions under section 
                        5(d)(4);
                            ``(iii) to make prioritization decisions 
                        under section 4A;
                            ``(iv) to conduct and complete safety 
                        assessments and determinations under section 6; 
                        and
                            ``(v) to conduct any necessary rulemaking 
                        pursuant to section 6(d);
                    ``(B) insofar as possible, collect the fees 
                described in paragraph (1) in advance of conducting any 
                fee-supported activity;
                    ``(C) deposit the fees in the Fund established by 
                paragraph (4)(A); and
                    ``(D) insofar as possible, not collect excess fees 
                or retain a significant amount of unused fees.
            ``(3) Amount and adjustment of fees; refunds.--In setting 
        fees under this section, the Administrator shall--
                    ``(A) prescribe lower fees for small business 
                concerns, after consultation with the Administrator of 
                the Small Business Administration;
                    ``(B) set the fees established under paragraph (1) 
                at levels such that the fees will, in aggregate, 
                provide a sustainable source of funds to annually 
                defray--
                            ``(i) the lower of--
                                    ``(I) 25 percent of the costs of 
                                conducting the activities identified in 
                                paragraph (2)(A), other than the costs 
                                to conduct and complete safety 
                                assessments and determinations under 
                                section 6 for chemical substances 
                                identified pursuant to section 4A(c); 
                                or
                                    ``(II) $25,000,000 (subject to 
                                adjustment pursuant to subparagraph 
                                (F)); and
                            ``(ii) the full costs and the 50-percent 
                        portion of the costs of safety assessments and 
                        safety determinations specified in subparagraph 
                        (D);
                    ``(C) reflect an appropriate balance in the 
                assessment of fees between manufacturers and 
                processors, and allow the payment of fees by consortia 
                of manufacturers or processors;
                    ``(D) notwithstanding subparagraph (B) and 
                paragraph (4)(D)--
                            ``(i) for substances designated pursuant to 
                        section 4A(c)(1), establish the fee at a level 
                        sufficient to defray the full annual costs to 
                        the Administrator of conducting the safety 
                        assessment and safety determination under 
                        section 6; and
                            ``(ii) for substances designated pursuant 
                        to section 4A(c)(3), establish the fee at a 
                        level sufficient to defray 50 percent of the 
                        annual costs to the Administrator of conducting 
                        the safety assessment and safety determination 
                        under section 6;
                    ``(E) prior to the establishment or amendment of 
                any fees under paragraph (1), consult and meet with 
                parties potentially subject to the fees or their 
                representatives, subject to the condition that no 
                obligation under the Federal Advisory Committee Act (5 
                U.S.C. App.) or subchapter III of chapter 5 of title 5, 
                United States Code, is applicable with respect to such 
                meetings;
                    ``(F) beginning with the fiscal year that is 3 
                years after the date of enactment of the Frank R. 
                Lautenberg Chemical Safety for the 21st Century Act, 
                and every 3 years thereafter, after consultation with 
                parties potentially subject to the fees and their 
                representatives pursuant to subparagraph (E), increase 
                or decrease the fees established under paragraph (1) as 
                necessary to adjust for inflation and to ensure, based 
                on the audit analysis required under paragraph (5)(B), 
                that funds deposited in the Fund are sufficient to 
                defray--
                            ``(i) approximately but not more than 25 
                        percent of the annual costs to conduct the 
                        activities identified in paragraph (2)(A), 
                        other than the costs to conduct and complete 
                        safety assessments and determinations under 
                        section 6 for chemical substances identified 
                        pursuant to section 4A(c); and
                            ``(ii) the full annual costs and the 50-
                        percent portion of the annual costs of safety 
                        assessments and safety determinations specified 
                        in subparagraph (D);
                    ``(G) adjust fees established under paragraph (1) 
                as necessary to vary on account of differing 
                circumstances, including reduced fees or waivers in 
                appropriate circumstances, to reduce the burden on 
                manufacturing or processing, remove barriers to 
                innovation, or where the costs to the Administrator of 
                collecting the fees exceed the fee revenue anticipated 
                to be collected; and
                    ``(H) if a notice submitted under section 5 is 
                refused or subsequently withdrawn, refund the fee or a 
                portion of the fee if no substantial work was performed 
                on the notice.
            ``(4) TSCA implementation fund.--
                    ``(A) Establishment.--There is established in the 
                Treasury of the United States a fund, to be known as 
                the `TSCA Implementation Fund' (referred to in this 
                subsection as the `Fund'), consisting of--
                            ``(i) such amounts as are deposited in the 
                        Fund under paragraph (2)(C); and
                            ``(ii) any interest earned on the 
                        investment of amounts in the Fund; and
                            ``(iii) any proceeds from the sale or 
                        redemption of investments held in the Fund.
                    ``(B) Crediting and availability of fees.--
                            ``(i) In general.--Fees authorized under 
                        this section shall be collected and available 
                        for obligation only to the extent and in the 
                        amount provided in advance in appropriations 
                        Acts, and shall be available without fiscal 
                        year limitation.
                            ``(ii) Requirements.--Fees collected under 
                        this section shall not--
                                    ``(I) be made available or 
                                obligated for any purpose other than to 
                                defray the costs of conducting the 
                                activities identified in paragraph 
                                (2)(A);
                                    ``(II) otherwise be available for 
                                any purpose other than implementation 
                                of this Act; and
                                    ``(III) so long as amounts in the 
                                Fund remain available, be subject to 
                                restrictions on expenditures applicable 
                                to the Federal government as a whole.
                    ``(C) Unused funds.--Amounts in the Fund not 
                currently needed to carry out this subsection shall 
                be--
                            ``(i) maintained readily available or on 
                        deposit;
                            ``(ii) invested in obligations of the 
                        United States or guaranteed by the United 
                        States; or
                            ``(iii) invested in obligations, 
                        participations, or other instruments that are 
                        lawful investments for fiduciary, trust, or 
                        public funds.
                    ``(D) Minimum amount of appropriations.--Fees may 
                not be assessed for a fiscal year under this section 
                unless the amount of appropriations for the Chemical 
                Risk Review and Reduction program project of the 
                Environmental Protection Agency for the fiscal year 
                (excluding the amount of any fees appropriated for the 
                fiscal year) are equal to or greater than the amount of 
                appropriations for that program project for fiscal year 
                2014.
            ``(5) Auditing.--
                    ``(A) Financial statements of agencies.--For the 
                purpose of section 3515(c) of title 31, United States 
                Code, the Fund shall be considered a component of an 
                executive agency.
                    ``(B) Components.--The annual audit required under 
                sections 3515(b) and 3521 of that title of the 
                financial statements of activities under this 
                subsection shall include an analysis of--
                            ``(i) the fees collected under paragraph 
                        (1) and disbursed;
                            ``(ii) compliance with the deadlines 
                        established in section 6 of this Act;
                            ``(iii) the amounts budgeted, appropriated, 
                        collected from fees, and disbursed to meet the 
                        requirements of sections 4, 4A, 5, 6, 8, and 
                        14, including the allocation of full time 
                        equivalent employees to each such section or 
                        activity; and
                            ``(iv) the reasonableness of the allocation 
                        of the overhead associated with the conduct of 
                        the activities described in paragraph (2)(A).
                    ``(C) Inspector general.--The Inspector General of 
                the Environmental Protection Agency shall--
                            ``(i) conduct the annual audit required 
                        under this subsection; and
                            ``(ii) report the findings and 
                        recommendations of the audit to the 
                        Administrator and to the appropriate committees 
                        of Congress.
            ``(6) Termination.--The authority provided by this section 
        shall terminate at the conclusion of the fiscal year that is 10 
        years after the date of enactment of the Frank R. Lautenberg 
        Chemical Safety for the 21st Century Act, unless otherwise 
        reauthorized or modified by Congress.'';
            (2) in subsection (e), by striking ``Health, Education, and 
        Welfare'' each place it appears and inserting ``Health and 
        Human Services''; and
            (3) adding at the end the following:
    ``(h) Prior Actions.--Nothing in this Act eliminates, modifies, or 
withdraws any rule promulgated, order issued, or exemption established 
pursuant to this Act before the date of enactment of the Frank R. 
Lautenberg Chemical Safety for the 21st Century Act.''.

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

    (a) In General.--Section 27 of the Toxic Substances Control Act (15 
U.S.C. 2626) is amended--
            (1) in subsection (a), in the first sentence by striking 
        ``Health, Education, and Welfare'' and inserting ``Health and 
        Human Services''; and
            (2) by adding at the end the following:
    ``(c) National Coordinating Entity for Sustainable Chemistry.--
            ``(1) Establishment.--Not later than 180 days after the 
        date of enactment of the Frank R. Lautenberg Chemical Safety 
        for the 21st Century Act, the Director of the Office of Science 
        and Technology Policy shall convene an entity under the 
        National Science and Technology Council with the responsibility 
        to coordinate Federal programs and activities in support of 
        sustainable chemistry, including, as appropriate, at the 
        National Science Foundation, the Department of Energy, the 
        Department of Agriculture, the Environmental Protection Agency, 
        the National Institute of Standards and Technology, the 
        Department of Defense, the National Institutes of Health, and 
        other related Federal agencies.
            ``(2) Chairman.--The entity described in paragraph (1) 
        shall be chaired by the Director of the National Science 
        Foundation and the Assistant Administrator for the Office of 
        Research and Development of the Environmental Protection 
        Agency, or their designees.
            ``(3) Duties.--
                    ``(A) In general.--The entity described in 
                paragraph (1) shall--
                            ``(i) develop a working definition of 
                        sustainable chemistry, after seeking advice and 
                        input from stakeholders as described in clause 
                        (v);
                            ``(ii) oversee the planning, management, 
                        and coordination of the Sustainable Chemistry 
                        Initiative described in subsection (d);
                            ``(iii) develop a national strategy for 
                        sustainable chemistry as described in 
                        subsection (f);
                            ``(iv) develop an implementation plan for 
                        sustainable chemistry as described in 
                        subsection (g); and
                            ``(v) consult and coordinate with 
                        stakeholders qualified to provide advice and 
                        information on the development of the 
                        initiative, national strategy, and 
                        implementation plan for sustainable chemistry, 
                        at least once per year, to carry out activities 
                        that may include workshops, requests for 
                        information, and other efforts as necessary.
                    ``(B) Stakeholders.--The stakeholders described in 
                subparagraph (A)(v) shall include representatives 
                from--
                            ``(i) industry (including small- and 
                        medium-sized enterprises from across the value 
                        chain);
                            ``(ii) the scientific community (including 
                        the National Academy of Sciences, scientific 
                        professional societies, and academia);
                            ``(iii) the defense community;
                            ``(iv) State, tribal, and local 
                        governments;
                            ``(v) State or regional sustainable 
                        chemistry programs;
                            ``(vi) nongovernmental organizations; and
                            ``(vii) other appropriate organizations.
            ``(4) Sunset.--
                    ``(A) In general.--On completion of the national 
                strategy and accompanying implementation plan for 
                sustainable chemistry as described in paragraph (3), 
                the Director of the Office of Science and Technology 
                Policy--
                            ``(i) shall review the need for further 
                        work; and
                            ``(ii) may disband the entity described in 
                        paragraph (1) if no further efforts are 
                        determined to be necessary.
                    ``(B) Notice and justification.--The Director of 
                the Office of Science and Technology Policy shall 
                provide notice and justification, including an analysis 
                of options to establish the Sustainable Chemistry 
                Initiative described in subsection (d) and the 
                partnerships described in subsection (e) within 1 or 
                more appropriate Federal agencies, regarding a decision 
                to disband the entity not less than 90 days prior to 
                the termination date to the Committee on Science, 
                Space, and Technology and the Committee on Energy and 
                Commerce of the House of Representatives and the 
                Committee on Environment and Public Works and the 
                Committee on Commerce, Science, and Transportation of 
                the Senate.
    ``(d) Sustainable Chemistry Initiative.--The entity described in 
subsection (c)(1) shall oversee the establishment of an interagency 
Sustainable Chemistry Initiative to promote and coordinate activities 
designed--
            ``(1) to provide sustained support for sustainable 
        chemistry research, development, demonstration, technology 
        transfer, commercialization, education, and training through--
                    ``(A) coordination and promotion of sustainable 
                chemistry research, development, demonstration, and 
                technology transfer conducted at Federal and national 
                laboratories and Federal agencies and at public and 
                private institutions of higher education; and
                    ``(B) to the extent practicable, encouragement of 
                consideration of sustainable chemistry in, as 
                appropriate--
                            ``(i) the conduct of Federal, State, and 
                        private science and engineering research and 
                        development; and
                            ``(ii) the solicitation and evaluation of 
                        applicable proposals for science and 
                        engineering research and development;
            ``(2) to examine methods by which the Federal Government 
        can offer incentives for consideration and use of sustainable 
        chemistry processes and products that encourage competition and 
        overcoming market barriers, including grants, loans, loan 
        guarantees, and innovative financing mechanisms;
            ``(3) to expand the education and training of undergraduate 
        and graduate students and professional scientists and 
        engineers, including through partnerships with industry as 
        described in subsection (e), in sustainable chemistry science 
        and engineering;
            ``(4) to collect and disseminate information on sustainable 
        chemistry research, development, and technology transfer, 
        including information on--
                    ``(A) incentives and impediments to development, 
                manufacturing, and commercialization;
                    ``(B) accomplishments;
                    ``(C) best practices; and
                    ``(D) costs and benefits; and
            ``(5) to support (including through technical assistance, 
        participation, financial support, or other forms of support) 
        economic, legal, and other appropriate social science research 
        to identify barriers to commercialization and methods to 
        advance commercialization of sustainable chemistry.
    ``(e) Partnerships in Sustainable Chemistry.--
            ``(1) In general.--The entity described in subsection 
        (c)(1), itself or through an appropriate subgroup designated or 
        established by the entity, shall work through the agencies 
        described in subsection (c)(1) to support, through financial, 
        technical, or other assistance, the establishment of 
        partnerships between institutions of higher education, 
        nongovernmental organizations, consortia, and companies across 
        the value chain in the chemical industry, including small- and 
        medium-sized enterprises--
                    ``(A) to establish collaborative research, 
                development, demonstration, technology transfer, and 
                commercialization programs; and
                    ``(B) to train students and retrain professional 
                scientists and engineers in the use of sustainable 
                chemistry concepts and strategies by methods 
                including--
                            ``(i) developing curricular materials and 
                        courses for undergraduate and graduate levels 
                        and for the professional development of 
                        scientists and engineers; and
                            ``(ii) publicizing the availability of 
                        professional development courses in sustainable 
                        chemistry and recruiting scientists and 
                        engineers to pursue those courses.
            ``(2) Private sector entities.--To be eligible for support 
        under this section, a partnership in sustainable chemistry 
        shall include at least 1 private sector entity.
            ``(3) Selection of partnerships.--In selecting partnerships 
        for support under this section, the entity and the agencies 
        described in subsection (c)(1) shall also consider the extent 
        to which the applicants are willing and able to demonstrate 
        evidence of support for, and commitment--
                    ``(A) to achieving the goals of the Sustainable 
                Chemistry Initiative described in subsection (d); and
                    ``(B) to sustaining any new innovations, tools, and 
                resources generated from funding under the program.
            ``(4) Prohibited use of funds.--Financial support provided 
        under this section may not be used--
                    ``(A) to support or expand a regulatory chemical 
                management program at an implementing agency under a 
                State law; or
                    ``(B) to construct or renovate a building or 
                structure.
    ``(f) National Strategy to Congress.--
            ``(1) In general.--Not later than 2 years after the date of 
        enactment of the Frank R. Lautenberg Chemical Safety for the 
        21st Century Act, the entity described in subsection (c)(1) 
        shall submit to the Committee on Science, Space, and Technology 
        and the Committee on Energy and Commerce of the House of 
        Representatives and the Committee on Environment and Public 
        Works and the Committee on Commerce, Science, and 
        Transportation of the Senate, a national strategy that shall 
        include--
                    ``(A) a summary of federally funded sustainable 
                chemistry research, development, demonstration, 
                technology transfer, commercialization, education, and 
                training activities;
                    ``(B) a summary of the financial resources 
                allocated to sustainable chemistry initiatives;
                    ``(C) an analysis of the progress made toward 
                achieving the goals and priorities of the Sustainable 
                Chemistry Initiative described in subsection (d), and 
                recommendations for future initiative activities, 
                including consideration of options to establish the 
                Sustainable Chemistry Initiative and the partnerships 
                described in subsection (e) within 1 or more 
                appropriate Federal agencies;
                    ``(D) an assessment of the benefits of expanding 
                existing, federally supported regional innovation and 
                manufacturing hubs to include sustainable chemistry and 
                the value of directing the establishment of 1 or more 
                dedicated sustainable chemistry centers of excellence 
                or hubs;
                    ``(E) an evaluation of steps taken and future 
                strategies to avoid duplication of efforts, streamline 
                interagency coordination, facilitate information 
                sharing, and spread best practices between 
                participating agencies in the Sustainable Chemistry 
                Initiative; and
                    ``(F) a framework for advancing sustainable 
                chemistry research, development, technology transfer, 
                commercialization, and education and training.
            ``(2) Submission to gao.--The entity described in 
        subsection (c)(1) shall submit the national strategy described 
        in paragraph (1) to the Government Accountability Office for 
        consideration in future Congressional inquiries.
    ``(g) Implementation Plan.--Not later than 3 years after the date 
of enactment of the Frank R. Lautenberg Chemical Safety for the 21st 
Century Act, the entity described in subsection (c)(1) shall submit to 
the Committee on Science, Space, and Technology and the Committee on 
Energy and Commerce of the House of Representatives and the Committee 
on Environment and Public Works and the Committee on Commerce, Science, 
and Transportation of the Senate, an implementation plan, based on the 
findings of the national strategy and other assessments, as 
appropriate, for sustainable chemistry.''.
    (b) Sustainable Chemistry Basic Research.--Subject to the 
availability of appropriated funds, the Director of the National 
Science Foundation shall continue to carry out the Green Chemistry 
Basic Research program authorized under section 509 of the National 
Science Foundation Authorization Act of 2010 (42 U.S.C. 1862p-3).

SEC. 25. STATE PROGRAMS.

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

SEC. 26. AUTHORIZATION OF APPROPRIATIONS.

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

SEC. 27. ANNUAL REPORT.

    Section 30 of the Toxic Substances Control Act (15 U.S.C. 2629) is 
amended by striking paragraph (2) and inserting the following:
            ``(2)(A) the number of notices received during each year 
        under section 5; and
            ``(B) the number of the notices described in subparagraph 
        (A) for chemical substances subject to a rule, testing consent 
        agreement, or order under section 4;''.

SEC. 28. EFFECTIVE DATE.

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

SEC. 29. ELEMENTAL MERCURY.

    (a) Temporary Generator Accumulation.--Section 5 of the Mercury 
Export Ban Act of 2008 (42 U.S.C. 6939f) is amended--
            (1) in subsection (a)(2), by striking ``2013'' and 
        inserting ``2019'';
            (2) in subsection (b)--
                    (A) in paragraph (1)--
                            (i) by redesignating subparagraphs (A), 
                        (B), and (C), as clauses (i), (ii), and (iii), 
                        respectively and indenting appropriately;
                            (ii) in the first sentence, by striking 
                        ``After consultation'' and inserting the 
                        following:
                    ``(A) Assessment and collection.--After 
                consultation'';
                            (iii) in the second sentence, by striking 
                        ``The amount of such fees'' and inserting the 
                        following:
                    ``(B) Amount.--The amount of the fees described in 
                subparagraph (A)'';
                            (iv) in subparagraph (B) (as so 
                        designated)--
                                    (I) in clause (i) (as so 
                                redesignated), by striking ``publically 
                                available not later than October 1, 
                                2012'' and inserting ``publicly 
                                available not later than October 1, 
                                2018'';
                                    (II) in clause (ii) (as so 
                                redesignated), by striking ``and'';
                                    (III) in clause (iii) (as so 
                                redesignated), by striking the period 
                                at the end and inserting ``, subject to 
                                clause (iv); and''; and
                                    (IV) by adding at the end the 
                                following:
                            ``(iv) for generators temporarily 
                        accumulating elemental mercury in a facility 
                        subject to subparagraphs (B) and (D)(iv) of 
                        subsection (g)(2) if the facility designated in 
                        subsection (a) is not operational by January 1, 
                        2019, shall be adjusted to subtract the cost of 
                        the temporary accumulation during the period in 
                        which the facility designated under subsection 
                        (a) is not operational.''; and
                            (v) by adding at the end the following:
                    ``(C) Conveyance of title and permitting.--If the 
                facility designated in subsection (a) is not 
                operational by January 1, 2020, the Secretary--
                            ``(i) shall immediately accept the 
                        conveyance of title to all elemental mercury 
                        that has accumulated in facilities in 
                        accordance with subsection (g)(2)(D), before 
                        January 1, 2020, and deliver the accumulated 
                        mercury to the facility designated under 
                        subsection (a) on the date on which the 
                        facility becomes operational;
                            ``(ii) shall pay any applicable Federal 
                        permitting costs, including the costs for 
                        permits issued under section 3005(c) of the 
                        Solid Waste Disposal Act (42 U.S.C. 6925(c)); 
                        and
                            ``(iii) shall store, or pay the cost of 
                        storage of, until the time at which a facility 
                        designated in subsection (a) is operational, 
                        accumulated mercury to which the Secretary has 
                        title under this subparagraph in a facility 
                        that has been issued a permit under section 
                        3005(c) of the Solid Waste Disposal Act (42 
                        U.S.C. 6925(c)).''; and
                    (B) in paragraph (2), in the first sentence, by 
                striking ``paragraph (1)(C)'' and inserting ``paragraph 
                (1)(B)(iii)''; and
            (3) in subsection (g)(2)--
                    (A) in the undesignated material at the end, by 
                striking ``This subparagraph'' and inserting the 
                following:
                    ``(C) Subparagraph (B)'';
                    (B) in subparagraph (C) (as added by paragraph 
                (1)), by inserting ``of that subparagraph'' before the 
                period at the end; and
                    (C) by adding at the end the following:
                    ``(D) A generator producing elemental mercury 
                incidentally from the beneficiation or processing of 
                ore or related pollution control activities, may 
                accumulate the mercury produced onsite that is destined 
                for a facility designated by the Secretary under 
                subsection (a), for more than 90 days without a permit 
                issued under section 3005(c) of the Solid Waste 
                Disposal Act (42 U.S.C. 6925(c)), and shall not be 
                subject to the storage prohibition of section 3004(j) 
                of that Act (42 U.S.C. 6924(j)), if--
                            ``(i) the Secretary is unable to accept the 
                        mercury at a facility designated by the 
                        Secretary under subsection (a) for reasons 
                        beyond the control of the generator;
                            ``(ii) the generator certifies in writing 
                        to the Secretary that the generator will ship 
                        the mercury to a designated facility when the 
                        Secretary is able to accept the mercury;
                            ``(iii) the generator certifies in writing 
                        to the Secretary that the generator is storing 
                        only mercury the generator has produced or 
                        recovered onsite and will not sell, or 
                        otherwise place into commerce, the mercury; and
                            ``(iv) the generator has obtained an 
                        identification number under section 262.12 of 
                        title 40, Code of Federal Regulations, and 
                        complies with the requirements described in 
                        paragraphs (1) through (4) of section 262.34(a) 
                        of title 40, Code of Federal Regulations (as in 
                        effect on the date of enactment of this 
                        subparagraph).
                    ``(E) Management standards for temporary storage.--
                Not later than January 1, 2017, the Secretary, after 
                consultation with the Administrator of the 
                Environmental Protection Agency and State agencies in 
                affected States, shall develop and make available 
                guidance that establishes procedures and standards for 
                the management and short-term storage of elemental 
                mercury at a generator covered under subparagraph (D), 
                including requirements to ensure appropriate use of 
                flasks or other suitable containers. Such procedures 
                and standards shall be protective of human health and 
                the environment and shall ensure that the elemental 
                mercury is stored in a safe, secure, and effective 
                manner. A generator may accumulate mercury in 
                accordance with subparagraph (D) immediately upon 
                enactment of this Act, and notwithstanding that 
                guidance called for by this paragraph (E) has not been 
                developed or made available.''.
    (b) Interim Status.--Section 5(d)(1) of the Mercury Export Ban Act 
of 2008 (42 U.S.C. 6939f(d)(1)) is amended--
            (1) in the fourth sentence, by striking ``in existence on 
        or before January 1, 2013,''; and
            (2) in the last sentence, by striking ``January 1, 2015'' 
        and inserting ``January 1, 2020''.
    (c) Mercury Inventory.--Section 8(b) of the Toxic Substances 
Control Act (15 U.S.C. 2607(b)) (as amended by section 10(2)) is 
amended by adding at the end the following:
            ``(10) Mercury.--
                    ``(A) Definition of mercury.--In this paragraph, 
                notwithstanding section 3(2)(B), the term `mercury' 
                means--
                            ``(i) elemental mercury; and
                            ``(ii) a mercury compound.
                    ``(B) Publication.--Not later than April 1, 2017, 
                and every 3 years thereafter, the Administrator shall 
                publish in the Federal Register an inventory of mercury 
                supply, use, and trade in the United States.
                    ``(C) Process.--In carrying out the inventory under 
                subparagraph (B), the Administrator shall--
                            ``(i) identify any remaining manufacturing 
                        processes or products that intentionally add 
                        mercury; and
                            ``(ii) recommend actions, including 
                        proposed revisions of Federal law (including 
                        regulations), to achieve further reductions in 
                        mercury use.
                    ``(D) Reporting.--
                            ``(i) In general.--To assist in the 
                        preparation of the inventory under subparagraph 
                        (B), any person who manufactures mercury or 
                        mercury-added products or otherwise 
                        intentionally uses mercury in a manufacturing 
                        process shall make periodic reports to the 
                        Administrator, at such time and including such 
                        information as the Administrator shall 
                        determine by rule promulgated not later than 2 
                        years after the date of enactment of this 
                        paragraph.
                            ``(ii) Coordination.--To avoid duplication, 
                        the Administrator shall coordinate the 
                        reporting under this subparagraph with the 
                        Interstate Mercury Education and Reduction 
                        Clearinghouse.
                            ``(iii) Exemption.--This subparagraph shall 
                        not apply to a person engaged in the 
                        generation, handling, or management of mercury-
                        containing waste, unless that person 
                        manufactures or recovers mercury in the 
                        management of that waste.''.
    (d) Prohibition on Export of Certain Mercury Compounds.--Section 
12(c) of the Toxic Substances Control Act (15 U.S.C. 2611(c)) (as 
amended by section 13(3)) is amended--
            (1) in the subsection heading, by inserting ``and Mercury 
        Compounds'' after ``Mercury''; and
            (2) by inserting after paragraph (2) the following:
            ``(3) Prohibition on export of certain mercury compounds.--
                    ``(A) In general.--Effective January 1, 2020, the 
                export of the following mercury compounds is 
                prohibited:
                            ``(i) Mercury (I) chloride or calomel.
                            ``(ii) Mercury (II) oxide.
                            ``(iii) Mercury (II) sulfate.
                            ``(iv) Mercury (II) nitrate.
                            ``(v) Cinnabar or mercury sulphide.
                            ``(vi) Any mercury compound that the 
                        Administrator, at the discretion of the 
                        Administrator, adds to the list by rule, on 
                        determining that exporting that mercury 
                        compound for the purpose of regenerating 
                        elemental mercury is technically feasible.
                    ``(B) Publication.--Not later than 90 days after 
                the date of enactment of the Frank R. Lautenberg 
                Chemical Safety for the 21st Century Act, and as 
                appropriate thereafter, the Administrator shall publish 
                in the Federal Register a list of the mercury compounds 
                that are prohibited from export under this paragraph.
                    ``(C) Petition.--Any person may petition the 
                Administrator to add to the list of mercury compounds 
                prohibited from export.
                    ``(D) Environmentally sound disposal.--This 
                paragraph does not prohibit the export of mercury (I) 
                chloride or calomel for environmentally sound disposal 
                to member countries of the Organization for Economic 
                Cooperation and Development, on the condition that no 
                mercury or mercury compounds are to be recovered, 
                recycled, or reclaimed for use, or directly reused.
                    ``(E) Report.--Not later than 5 years after the 
                date of enactment of the Frank R. Lautenberg Chemical 
                Safety for the 21st Century Act, the Administrator 
                shall evaluate any exports of calomel for disposal that 
                occurred since that date of enactment and shall submit 
                to Congress a report that contains the following:
                            ``(i) volumes and sources of calomel 
                        exported for disposal;
                            ``(ii) receiving countries of such exports;
                            ``(iii) methods of disposal used;
                            ``(iv) issues, if any, presented by the 
                        export of calomel;
                            ``(v) evaluation of calomel management 
                        options in the United States, if any, that are 
                        commercially available and comparable in cost 
                        and efficacy to methods being utilized in the 
                        receiving countries; and
                            ``(vi) a recommendation regarding whether 
                        Congress should further limit or prohibit the 
                        export of calomel for disposal.
                    ``(F) Effect on other law.--Nothing in this 
                paragraph shall be construed to affect the authority of 
                the Administrator under Solid Waste Disposal Act (42 
                U.S.C. 6901 et seq.).''.

SEC. 30. TREVOR'S LAW.

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

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

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

            Attest:

                                                             Secretary.
114th CONGRESS

  1st Session

                               H.R. 2576

_______________________________________________________________________

                               AMENDMENT
```