In the House of Representatives, U. S., 

May 24, 2016. 

Resolved, That the House agree to the amendment of the 

Senate to the bill (H.R. 2576) entitled ‘‘An Act to modernize 

the Toxic Substances Control Act, and for other purposes.’’ 

with the following 

HOUSE AMENDMENT TO SENATE AMENDMENT: 

In lieu of the matter proposed to be inserted by the 

amendment of the Senate, insert the following: 

1 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

2 (a) SHORT TITLE.—This Act may be cited as the 

3 ‘‘Frank R. Lautenberg Chemical Safety for the 21st Century 

4 Act’’. 

5 (b) TABLE OF CONTENTS.—The table of contents of this 

6 Act is as follows: 

Sec. 1. Short title; table of contents. 

TITLE I—CHEMICAL SAFETY 

Sec. 2. Findings, policy, and intent. 

Sec. 3. Definitions. 

Sec. 4. Testing of chemical substances and mixtures. 

Sec. 5. Manufacturing and processing notices. 

Sec. 6. Prioritization, risk evaluation, and regulation of chemical substances and 

mixtures. 

Sec. 7. Imminent hazards. 

Sec. 8. Reporting and retention of information. 

Sec. 9. Relationship to other Federal laws. 

Sec. 10. Exports of elemental mercury. 

Sec. 11. Confidential information. 

Sec. 12. Penalties. 

Sec. 13. State-Federal relationship. 

Sec. 14. Judicial review. 

Sec. 15. Citizens’ civil actions. 
2 

•HR 2576 EAH 

Sec. 16. Studies. 

Sec. 17. Administration of the Act. 

Sec. 18. State programs. 

Sec. 19. Conforming amendments. 

Sec. 20. No retroactivity. 

Sec. 21. Trevor’s Law. 

TITLE II—RURAL HEALTHCARE CONNECTIVITY 

Sec. 201. Short title. 

Sec. 202. Telecommunications services for skilled nursing facilities. 

1 TITLE I—CHEMICAL SAFETY 

2 SEC. 2. FINDINGS, POLICY, AND INTENT. 

3 Section 2(c) of the Toxic Substances Control Act (15 

4 U.S.C. 2601(c)) is amended by striking ‘‘proposes to take’’ 

5 and inserting ‘‘proposes as provided’’. 

6 SEC. 3. DEFINITIONS. 

7 Section 3 of the Toxic Substances Control Act (15 

8 U.S.C. 2602) is amended— 

9 (1) by redesignating paragraphs (4) through (14) 

10 as paragraphs (5), (6), (8), (9), (10), (11), (13), (14), 

11 (15), (16), and (17), respectively; 

12 (2) by inserting after paragraph (3) the fol13 lowing: 

14 ‘‘(4) The term ‘conditions of use’ means the cir15 cumstances, as determined by the Administrator, under 

16 which a chemical substance is intended, known, or reason17 ably foreseen to be manufactured, processed, distributed in 

18 commerce, used, or disposed of.’’; 

19 (3) by inserting after paragraph (6), as so redes20 ignated, the following: 
3 

•HR 2576 EAH 

1 ‘‘(7) The term ‘guidance’ means any significant writ2 ten guidance of general applicability prepared by the Ad3 ministrator.’’; and 

4 (4) by inserting after paragraph (11), as so re5 designated, the following: 

6 ‘‘(12) The term ‘potentially exposed or susceptible sub7 population’ means a group of individuals within the gen8 eral population identified by the Administrator who, due 

9 to either greater susceptibility or greater exposure, may be 

10 at greater risk than the general population of adverse health 

11 effects from exposure to a chemical substance or mixture, 

12 such as infants, children, pregnant women, workers, or the 

13 elderly.’’. 

14 SEC. 4. TESTING OF CHEMICAL SUBSTANCES AND MIX15 TURES. 

16 Section 4 of the Toxic Substances Control Act (15 

17 U.S.C. 2603) is amended— 

18 (1) by striking ‘‘standards’’ each place it ap19 pears and inserting ‘‘protocols and methodologies’’; 

20 (2) in subsection (a)— 

21 (A) by striking ‘‘If the Administrator finds’’ 

22 and inserting ‘‘(1) If the Administrator finds’’; 

23 (B) in paragraph (1), as so designated— 

24 (i) by striking ‘‘(1)(A)(i)’’ and insert25 ing ‘‘(A)(i)(I)’’; 
4 

•HR 2576 EAH 

1 (ii) by striking ‘‘(ii)’’ each place it ap2 pears and inserting ‘‘(II)’’; 

3 (iii) by striking ‘‘are insufficient data’’ 

4 and inserting ‘‘is insufficient information’’ 

5 each place it appears; 

6 (iv) by striking ‘‘(iii)’’ each place it 

7 appears and inserting ‘‘(III)’’; 

8 (v) by striking ‘‘such data’’ and insert9 ing ‘‘such information’’ each place it ap10 pears; 

11 (vi) by striking ‘‘(B)(i)’’ and inserting 

12 ‘‘(ii)(I)’’; 

13 (vii) by striking ‘‘(I)’’ and inserting 

14 ‘‘(aa)’’; 

15 (viii) by striking ‘‘(II)’’ and inserting 

16 ‘‘(bb)’’; 

17 (ix) by striking ‘‘(2)’’ and inserting 

18 ‘‘(B)’’; and 

19 (x) in the matter following subpara20 graph (B), as so redesignated— 

21 (I) by inserting ‘‘, or, in the case 

22 of a chemical substance or mixture de23 scribed in subparagraph (A)(i), by 

24 rule, order, or consent agreement,’’ 

25 after ‘‘rule’’; 
5 

•HR 2576 EAH 

1 (II) by striking ‘‘data’’ each place 

2 it appears and inserting ‘‘informa3 tion’’; and 

4 (III) by striking ‘‘and which are 

5 relevant’’ and inserting ‘‘and which is 

6 relevant’’; and 

7 (C) by adding at the end the following: 

8 ‘‘(2) ADDITIONAL TESTING AUTHORITY.—In ad9 dition to the authority provided under paragraph (1), 

10 the Administrator may, by rule, order, or consent 

11 agreement— 

12 ‘‘(A) require the development of new infor13 mation relating to a chemical substance or mix14 ture if the Administrator determines that the in15 formation is necessary— 

16 ‘‘(i) to review a notice under section 5 

17 or to perform a risk evaluation under sec18 tion 6(b); 

19 ‘‘(ii) to implement a requirement im20 posed in a rule, order, or consent agreement 

21 under subsection (e) or (f) of section 5 or in 

22 a rule promulgated under section 6(a); 

23 ‘‘(iii) at the request of a Federal imple24 menting authority under another Federal 

25 law, to meet the regulatory testing needs of 
6 

•HR 2576 EAH 

1 that authority with regard to toxicity and 

2 exposure; or 

3 ‘‘(iv) pursuant to section 12(a)(2); and 

4 ‘‘(B) require the development of new infor5 mation for the purposes of prioritizing a chem6 ical substance under section 6(b) only if the Ad7 ministrator determines that such information is 

8 necessary to establish the priority of the sub9 stance, subject to the limitations that— 

10 ‘‘(i) not later than 90 days after the 

11 date of receipt of information regarding a 

12 chemical substance complying with a rule, 

13 order, or consent agreement under this sub14 paragraph, the Administrator shall des15 ignate the chemical substance as a high-pri16 ority substance or a low-priority substance; 

17 and 

18 ‘‘(ii) information required by the Ad19 ministrator under this subparagraph shall 

20 not be required for the purposes of estab21 lishing or implementing a minimum infor22 mation requirement of broader applica23 bility. 

24 ‘‘(3) STATEMENT OF NEED.—When requiring the 

25 development of new information relating to a chem-
7 

•HR 2576 EAH 

1 ical substance or mixture under paragraph (2), the 

2 Administrator shall identify the need for the new in3 formation, describe how information reasonably avail4 able to the Administrator was used to inform the deci5 sion to require new information, explain the basis for 

6 any decision that requires the use of vertebrate ani7 mals, and, as applicable, explain why issuance of an 

8 order is warranted instead of promulgating a rule or 

9 entering into a consent agreement. 

10 ‘‘(4) TIERED TESTING.—When requiring the de11 velopment of new information under this subsection, 

12 the Administrator shall employ a tiered screening and 

13 testing process, under which the results of screening14 level tests or assessments of available information in15 form the decision as to whether 1 or more additional 

16 tests are necessary, unless information available to the 

17 Administrator justifies more advanced testing of po18 tential health or environmental effects or potential ex19 posure without first conducting screening-level test20 ing.’’; 

21 (3) in subsection (b)— 

22 (A) in paragraph (1)— 

23 (i) in subparagraph (B), by striking 

24 ‘‘test data’’ and inserting ‘‘information’’; 
8 

•HR 2576 EAH 

1 (ii) in subparagraph (C), by striking 

2 ‘‘data’’ and inserting ‘‘information’’; and 

3 (iii) in the matter following subpara4 graph (C), by striking ‘‘data’’ and inserting 

5 ‘‘information’’; 

6 (B) in paragraph (2)— 

7 (i) in subparagraph (A)— 

8 (I) by striking ‘‘test data’’ and in9 serting ‘‘information’’; 

10 (II) by inserting ‘‘Protocols and 

11 methodologies for the development of 

12 information may also be prescribed for 

13 the assessment of exposure or exposure 

14 potential to humans or the environ15 ment.’’ after the first sentence; and 

16 (III) by striking ‘‘hierarchical 

17 tests’’ and inserting ‘‘tiered testing’’; 

18 and 

19 (ii) in subparagraph (B), by striking 

20 ‘‘data’’ and inserting ‘‘information’’; 

21 (C) in paragraph (3)— 

22 (i) by striking ‘‘data’’ each place it ap23 pears and inserting ‘‘information’’; 
9 

•HR 2576 EAH 

1 (ii) in subparagraph (A), by inserting 

2 ‘‘or (C), as applicable,’’ after ‘‘subpara3 graph (B)’’; 

4 (iii) by striking ‘‘(a)(1)(A)(ii) or 

5 (a)(1)(B)(ii)’’ each place it appears in sub6 paragraph (B) and inserting 

7 ‘‘(a)(1)(A)(i)(II) or (a)(1)(A)(ii)(II)’’; 

8 (iv) in subparagraph (B), in the mat9 ter before clause (i), by striking ‘‘subsection 

10 (a)’’ and inserting ‘‘subsection (a)(1)’’; and 

11 (v) by adding at the end the following: 

12 ‘‘(C) A rule or order under paragraph (1) or (2) of 

13 subsection (a) may require the development of information 

14 by any person who manufactures or processes, or intends 

15 to manufacture or process, a chemical substance or mixture 

16 subject to the rule or order.’’; 

17 (D) in paragraph (4)— 

18 (i) by striking ‘‘of data’’ each place it 

19 appears and inserting ‘‘of information’’; 

20 and 

21 (ii) by striking ‘‘test data’’ each place 

22 it appears and inserting ‘‘information’’; 

23 and 

24 (E) by striking paragraph (5); 

25 (4) in subsection (c)— 
10 

•HR 2576 EAH 

1 (A) in paragraph (1), by striking ‘‘data’’ 

2 and inserting ‘‘information’’; 

3 (B) in paragraph (2), by striking ‘‘data’’ 

4 each place it appears and inserting ‘‘informa5 tion’’; 

6 (C) in paragraph (3)— 

7 (i) by striking ‘‘test data’’ each place it 

8 appears and inserting ‘‘information’’; and 

9 (ii) by striking ‘‘such data’’ each place 

10 it appears and inserting ‘‘such informa11 tion’’; and 

12 (D) in paragraph (4) by striking ‘‘test 

13 data’’ each place it appears and inserting ‘‘in14 formation’’; 

15 (5) in subsection (d)— 

16 (A) by striking ‘‘test data’’ each place it ap17 pears and inserting ‘‘information’’; 

18 (B) by striking ‘‘such data’’ each place it 

19 appears and inserting ‘‘such information’’; and 

20 (C) by striking ‘‘for which data have’’ and 

21 inserting ‘‘for which information has’’; 

22 (6) in subsection (e)— 

23 (A) in paragraph (1)— 

24 (i) in subparagraph (A)— 
11 

•HR 2576 EAH 

1 (I) by striking ‘‘promulgation of a 

2 rule’’ and inserting ‘‘development of 

3 information’’; and 

4 (II) by striking ‘‘data’’ each place 

5 it appears and inserting ‘‘informa6 tion’’; and 

7 (ii) in subparagraph (B), by striking 

8 ‘‘either initiate a rulemaking proceeding 

9 under subsection (a) or if such a proceeding 

10 is not initiated within such period, publish 

11 in the Federal Register the Administrator’s 

12 reason for not initiating such a proceeding’’ 

13 and insert ‘‘issue an order, enter into a con14 sent agreement, or initiate a rulemaking 

15 proceeding under subsection (a), or, if such 

16 an order or consent agreement is not issued 

17 or such a proceeding is not initiated within 

18 such period, publish in the Federal Register 

19 the Administrator’s reason for not issuing 

20 such an order, entering into such a consent 

21 agreement, or initiating such a proceeding’’; 

22 and 

23 (B) in paragraph (2)(A)— 

24 (i) by striking ‘‘eight members’’ and 

25 inserting ‘‘ten members’’; and 
12 

•HR 2576 EAH 

1 (ii) by adding at the end the following: 

2 ‘‘(ix) One member appointed by the Chairman of 

3 the Consumer Product Safety Commission from Com4 missioners or employees of the Commission. 

5 ‘‘(x) One member appointed by the Commis6 sioner of Food and Drugs from employees of the Food 

7 and Drug Administration.’’; 

8 (7) in subsection (f)— 

9 (A) in paragraph (1), by striking ‘‘test 

10 data’’ and inserting ‘‘information’’; and 

11 (B) in the matter following paragraph 

12 (2)— 

13 (i) by striking ‘‘or will present’’; 

14 (ii) by striking ‘‘from cancer, gene 

15 mutations, or birth defects’’; 

16 (iii) by striking ‘‘data or’’; 

17 (iv) by striking ‘‘appropriate’’ and in18 serting ‘‘applicable’’; and 

19 (v) by inserting ‘‘, made without con20 sideration of costs or other nonrisk factors,’’ 

21 after ‘‘publish in the Federal Register a 

22 finding’’; 

23 (8) in subsection (g)— 

24 (A) by amending the subsection heading to 

25 read as follows: ‘‘PETITION FOR PROTOCOLS AND
13 

•HR 2576 EAH 

1 METHODOLOGIES FOR THE DEVELOPMENT OF

2 INFORMATION’’; 

3 (B) by striking ‘‘test data’’ each place it ap4 pears and inserting ‘‘information’’; and 

5 (C) by striking ‘‘submit data’’ and inserting 

6 ‘‘submit information’’; and 

7 (9) by adding at the end the following: 

8 ‘‘(h) REDUCTION OF TESTING ON VERTEBRATES.— 

9 ‘‘(1) IN GENERAL.—The Administrator shall re10 duce and replace, to the extent practicable, scientif11 ically justified, and consistent with the policies of this 

12 title, the use of vertebrate animals in the testing of 

13 chemical substances or mixtures under this title by— 

14 ‘‘(A) prior to making a request or adopting 

15 a requirement for testing using vertebrate ani16 mals, and in accordance with subsection (a)(3), 

17 taking into consideration, as appropriate and to 

18 the extent practicable and scientifically justified, 

19 reasonably available existing information, in20 cluding— 

21 ‘‘(i) toxicity information; 

22 ‘‘(ii) computational toxicology and 

23 bioinformatics; and 
14 

•HR 2576 EAH 

1 ‘‘(iii) high-throughput screening meth2 ods and the prediction models of those meth3 ods; and 

4 ‘‘(B) encouraging and facilitating— 

5 ‘‘(i) the use of scientifically valid test 

6 methods and strategies that reduce or re7 place the use of vertebrate animals while 

8 providing information of equivalent or bet9 ter scientific quality and relevance that will 

10 support regulatory decisions under this 

11 title; 

12 ‘‘(ii) the grouping of 2 or more chem13 ical substances into scientifically appro14 priate categories in cases in which testing of 

15 a chemical substance would provide scientif16 ically valid and useful information on other 

17 chemical substances in the category; and 

18 ‘‘(iii) the formation of industry con19 sortia to jointly conduct testing to avoid 

20 unnecessary duplication of tests, provided 

21 that such consortia make all information 

22 from such testing available to the Adminis23 trator. 

24 ‘‘(2) IMPLEMENTATION OF ALTERNATIVE TESTING

25 METHODS.—To promote the development and timely 
15 

•HR 2576 EAH 

1 incorporation of new scientifically valid test methods 

2 and strategies that are not based on vertebrate ani3 mals, the Administrator shall— 

4 ‘‘(A) not later than 2 years after the date 

5 of enactment of the Frank R. Lautenberg Chem6 ical Safety for the 21st Century Act, develop a 

7 strategic plan to promote the development and 

8 implementation of alternative test methods and 

9 strategies to reduce, refine, or replace vertebrate 

10 animal testing and provide information of equiv11 alent or better scientific quality and relevance 

12 for assessing risks of injury to health or the envi13 ronment of chemical substances or mixtures 

14 through, for example— 

15 ‘‘(i) computational toxicology and 

16 bioinformatics; 

17 ‘‘(ii) high-throughput screening meth18 ods; 

19 ‘‘(iii) testing of categories of chemical 

20 substances; 

21 ‘‘(iv) tiered testing methods; 

22 ‘‘(v) in vitro studies; 

23 ‘‘(vi) systems biology; 

24 ‘‘(vii) new or revised methods identi25 fied by validation bodies such as the Inter-
16 

•HR 2576 EAH 

1 agency Coordinating Committee on the Val2 idation of Alternative Methods or the Orga3 nization for Economic Co-operation and 

4 Development; or 

5 ‘‘(viii) industry consortia that develop 

6 information submitted under this title; 

7 ‘‘(B) as practicable, ensure that the stra8 tegic plan developed under subparagraph (A) is 

9 reflected in the development of requirements for 

10 testing under this section; 

11 ‘‘(C) include in the strategic plan developed 

12 under subparagraph (A) a list, which the Ad13 ministrator shall update on a regular basis, of 

14 particular alternative test methods or strategies 

15 the Administrator has identified that do not re16 quire new vertebrate animal testing and are sci17 entifically reliable, relevant, and capable of pro18 viding information of equivalent or better sci19 entific reliability and quality to that which 

20 would be obtained from vertebrate animal test21 ing; 

22 ‘‘(D) provide an opportunity for public no23 tice and comment on the contents of the plan de24 veloped under subparagraph (A), including the 

25 criteria for considering scientific reliability and 
17 

•HR 2576 EAH 

1 relevance of the test methods and strategies that 

2 may be identified pursuant to subparagraph (C); 

3 ‘‘(E) beginning on the date that is 5 years 

4 after the date of enactment of the Frank R. Lau5 tenberg Chemical Safety for the 21st Century 

6 Act, and every 5 years thereafter, submit to Con7 gress a report that describes the progress made in 

8 implementing the plan developed under subpara9 graph (A) and goals for future alternative test 

10 methods and strategies implementation; and 

11 ‘‘(F) prioritize and, to the extent consistent 

12 with available resources and the Administrator’s 

13 other responsibilities under this title, carry out 

14 performance assessment, validation, and 

15 translational studies to accelerate the develop16 ment of scientifically valid test methods and 

17 strategies that reduce, refine, or replace the use 

18 of vertebrate animals, including minimizing du19 plication, in any testing under this title. 

20 ‘‘(3) VOLUNTARY TESTING.— 

21 ‘‘(A) IN GENERAL.—Any person developing 

22 information for submission under this title on a 

23 voluntary basis and not pursuant to any request 

24 or requirement by the Administrator shall first 

25 attempt to develop the information by means of 
18 

•HR 2576 EAH 

1 an alternative test method or strategy identified 

2 by the Administrator pursuant to paragraph 

3 (2)(C), if the Administrator has identified such 

4 a test method or strategy for the development of 

5 such information, before conducting new 

6 vertebrate animal testing. 

7 ‘‘(B) EFFECT OF PARAGRAPH.—Nothing in 

8 this paragraph shall, under any circumstance, 

9 limit or restrict the submission of any existing 

10 information to the Administrator. 

11 ‘‘(C) RELATIONSHIP TO OTHER LAW.—A 

12 violation of this paragraph shall not be a prohib13 ited act under section 15. 

14 ‘‘(D) REVIEW OF MEANS.—This paragraph 

15 authorizes, but does not require, the Adminis16 trator to review the means by which a person 

17 conducted testing described in subparagraph 

18 (A).’’. 

19 SEC. 5. MANUFACTURING AND PROCESSING NOTICES. 

20 Section 5 of the Toxic Substances Control Act (15 

21 U.S.C. 2604) is amended— 

22 (1) in subsection (a)— 

23 (A) in paragraph (1)— 
19 

•HR 2576 EAH 

1 (i) by striking ‘‘Except as provided in’’ 

2 and inserting ‘‘(A) Except as provided in 

3 subparagraph (B) of this paragraph and’’; 

4 (ii) by redesignating subparagraphs 

5 (A) and (B) as clauses (i) and (ii), respec6 tively; 

7 (iii) by striking all that follows ‘‘sig8 nificant new use’’ and inserting a period; 

9 and 

10 (iv) by adding at the end the following: 

11 ‘‘(B) A person may take the actions described in 

12 subparagraph (A) if— 

13 ‘‘(i) such person submits to the Adminis14 trator, at least 90 days before such manufacture 

15 or processing, a notice, in accordance with sub16 section (d), of such person’s intention to manu17 facture or process such substance and such per18 son complies with any applicable requirement of, 

19 or imposed pursuant to, subsection (b), (e), or 

20 (f); and 

21 ‘‘(ii) the Administrator— 

22 ‘‘(I) conducts a review of the notice; 

23 and 

24 ‘‘(II) makes a determination under 

25 subparagraph (A), (B), or (C) of paragraph 
20 

•HR 2576 EAH 

1 (3) and takes the actions required in asso2 ciation with that determination under such 

3 subparagraph within the applicable review 

4 period.’’; and 

5 (B) by adding at the end the following new 

6 paragraphs: 

7 ‘‘(3) REVIEW AND DETERMINATION.—Within the 

8 applicable review period, subject to section 18, the Ad9 ministrator shall review such notice and determine— 

10 ‘‘(A) that the relevant chemical substance or 

11 significant new use presents an unreasonable 

12 risk of injury to health or the environment, with13 out consideration of costs or other nonrisk fac14 tors, including an unreasonable risk to a poten15 tially exposed or susceptible subpopulation iden16 tified as relevant by the Administrator under the 

17 conditions of use, in which case the Adminis18 trator shall take the actions required under sub19 section (f); 

20 ‘‘(B) that— 

21 ‘‘(i) the information available to the 

22 Administrator is insufficient to permit a 

23 reasoned evaluation of the health and envi24 ronmental effects of the relevant chemical 

25 substance or significant new use; or 
21 

•HR 2576 EAH 

1 ‘‘(ii)(I) in the absence of sufficient in2 formation to permit the Administrator to 

3 make such an evaluation, the manufacture, 

4 processing, distribution in commerce, use, 

5 or disposal of such substance, or any com6 bination of such activities, may present an 

7 unreasonable risk of injury to health or the 

8 environment, without consideration of costs 

9 or other nonrisk factors, including an un10 reasonable risk to a potentially exposed or 

11 susceptible subpopulation identified as rel12 evant by the Administrator; or 

13 ‘‘(II) such substance is or will be pro14 duced in substantial quantities, and such 

15 substance either enters or may reasonably 

16 be anticipated to enter the environment in 

17 substantial quantities or there is or may be 

18 significant or substantial human exposure 

19 to the substance, 

20 in which case the Administrator shall take the 

21 actions required under subsection (e); or 

22 ‘‘(C) that the relevant chemical substance or 

23 significant new use is not likely to present an 

24 unreasonable risk of injury to health or the envi25 ronment, without consideration of costs or other 
22 

•HR 2576 EAH 

1 nonrisk factors, including an unreasonable risk 

2 to a potentially exposed or susceptible subpopula3 tion identified as relevant by the Administrator 

4 under the conditions of use, in which case the 

5 submitter of the notice may commence manufac6 ture of the chemical substance or manufacture or 

7 processing for a significant new use. 

8 ‘‘(4) FAILURE TO RENDER DETERMINATION.— 

9 ‘‘(A) FAILURE TO RENDER DETERMINA10 TION.—If the Administrator fails to make a de11 termination on a notice under paragraph (3) by 

12 the end of the applicable review period and the 

13 notice has not been withdrawn by the submitter, 

14 the Administrator shall refund to the submitter 

15 all applicable fees charged to the submitter for 

16 review of the notice pursuant to section 26(b), 

17 and the Administrator shall not be relieved of 

18 any requirement to make such determination. 

19 ‘‘(B) LIMITATIONS.—(i) A refund of appli20 cable fees under subparagraph (A) shall not be 

21 made if the Administrator certifies that the sub22 mitter has not provided information required 

23 under subsection (b) or has otherwise unduly de24 layed the process such that the Administrator is 
23 

•HR 2576 EAH 

1 unable to render a determination within the ap2 plicable review period. 

3 ‘‘(ii) A failure of the Administrator to 

4 render a decision shall not be deemed to con5 stitute a withdrawal of the notice. 

6 ‘‘(iii) Nothing in this paragraph shall be 

7 construed as relieving the Administrator or the 

8 submitter of the notice from any requirement of 

9 this section. 

10 ‘‘(5) ARTICLE CONSIDERATION.—The Adminis11 trator may require notification under this section for 

12 the import or processing of a chemical substance as 

13 part of an article or category of articles under para14 graph (1)(A)(ii) if the Administrator makes an af15 firmative finding in a rule under paragraph (2) that 

16 the reasonable potential for exposure to the chemical 

17 substance through the article or category of articles 

18 subject to the rule justifies notification.’’; 

19 (2) in subsection (b)— 

20 (A) in the subsection heading, by striking 

21 ‘‘TEST DATA’’ and inserting ‘‘INFORMATION’’; 

22 (B) in paragraph (1)— 

23 (i) in subparagraph (A)— 

24 (I) by striking ‘‘test data’’ and in25 serting ‘‘information’’; and 
24 

•HR 2576 EAH 

1 (II) by striking ‘‘such data’’ and 

2 inserting ‘‘such information’’; and 

3 (ii) in subparagraph (B)— 

4 (I) by striking ‘‘test data’’ and in5 serting ‘‘information’’; 

6 (II) by striking ‘‘subsection 

7 (a)(1)(A)’’ and inserting ‘‘subsection 

8 (a)(1)(A)(i)’’; and 

9 (III) by striking ‘‘subsection 

10 (a)(1)(B)’’ and inserting ‘‘subsection 

11 (a)(1)(A)(ii)’’; 

12 (C) in paragraph (2)— 

13 (i) in subparagraph (A)— 

14 (I) by striking ‘‘test data’’ in 

15 clause (ii) and inserting ‘‘informa16 tion’’; 

17 (II) by striking ‘‘shall’’ and in18 serting ‘‘may’’; and 

19 (III) by striking ‘‘data pre20 scribed’’ and inserting ‘‘information 

21 prescribed’’; and 

22 (ii) in subparagraph (B)— 

23 (I) by striking ‘‘Data’’ and insert24 ing ‘‘Information’’; 
25 

•HR 2576 EAH 

1 (II) by striking ‘‘data’’ both 

2 places it appears and inserting ‘‘infor3 mation’’; 

4 (III) by striking ‘‘show’’ and in5 serting ‘‘shows’’; 

6 (IV) by striking ‘‘subsection 

7 (a)(1)(A)’’ in clause (i) and inserting 

8 ‘‘subsection (a)(1)(A)(i)’’; and 

9 (V) by striking ‘‘subsection 

10 (a)(1)(B)’’ in clause (ii) and inserting 

11 ‘‘subsection (a)(1)(A)(ii)’’; 

12 (D) in paragraph (3)— 

13 (i) by striking ‘‘Data’’ and inserting 

14 ‘‘Information’’; and 

15 (ii) by striking ‘‘paragraph (1) or (2)’’ 

16 and inserting ‘‘paragraph (1) or (2) of this 

17 subsection or under subsection (e)’’; and 

18 (E) in paragraph (4)— 

19 (i) in subparagraph (A)(i), by insert20 ing ‘‘, without consideration of costs or 

21 other nonrisk factors’’ after ‘‘health or the 

22 environment’’; and 

23 (ii) in subparagraph (C), by striking 

24 ‘‘, except that’’ and all that follows through 

25 ‘‘subparagraph (A)’’; 
26 

•HR 2576 EAH 

1 (3) in subsection (c)— 

2 (A) in the subsection heading, by striking 

3 ‘‘NOTICE’’ and inserting ‘‘REVIEW’’; and 

4 (B) by striking ‘‘before which’’ and all that 

5 follows through ‘‘subsection may begin’’; 

6 (4) in subsection (d)— 

7 (A) by striking ‘‘test data’’ in paragraph 

8 (1)(B) and inserting ‘‘information’’; 

9 (B) by striking ‘‘data’’ each place it ap10 pears in paragraph (1)(C) and paragraph (2) 

11 and inserting ‘‘information’’; 

12 (C) in paragraph (2)(B), by striking ‘‘uses 

13 or intended uses of such substance’’ and inserting 

14 ‘‘uses of such substance identified in the notice’’; 

15 and 

16 (D) in paragraph (3)— 

17 (i) by striking ‘‘for which the notifica18 tion period prescribed by subsection (a), (b), 

19 or (c)’’ and inserting ‘‘for which the appli20 cable review period’’; and 

21 (ii) by striking ‘‘such notification pe22 riod’’ and inserting ‘‘such period’’; 

23 (5) in subsection (e)— 

24 (A) in paragraph (1)(A)— 
27 

•HR 2576 EAH 

1 (i) in clause (i), by striking ‘‘; and’’ 

2 and inserting ‘‘; or’’; 

3 (ii) in clause (ii)(I), by inserting 

4 ‘‘without consideration of costs or other 

5 nonrisk factors, including an unreasonable 

6 risk to a potentially exposed subpopulation 

7 identified as relevant by the Administrator 

8 under the conditions of use;’’ after ‘‘health 

9 or the environment,’’; and 

10 (iii) in the matter after clause 

11 (ii)(II)— 

12 (I) by striking ‘‘may issue a pro13 posed order’’ and inserting ‘‘shall issue 

14 an order’’; 

15 (II) by striking ‘‘notification pe16 riod applicable to the manufacturing 

17 or processing of such substance under 

18 subsection (a), (b), (c)’’ and inserting 

19 ‘‘applicable review period’’; and 

20 (III) by inserting ‘‘to the extent 

21 necessary to protect against an unrea22 sonable risk of injury to health or the 

23 environment, without consideration of 

24 costs or other nonrisk factors, includ25 ing an unreasonable risk to a poten-
28 

•HR 2576 EAH 

1 tially exposed or susceptible subpopula2 tion identified as relevant by the Ad3 ministrator under the conditions of 

4 use, and the submitter of the notice 

5 may commence manufacture of the 

6 chemical substance, or manufacture or 

7 processing of the chemical substance for 

8 a significant new use, including while 

9 any required information is being de10 veloped, only in compliance with the 

11 order’’ before the period at the end; 

12 (B) in paragraph (1)(B)— 

13 (i) by striking ‘‘A proposed order’’ and 

14 inserting ‘‘An order’’; 

15 (ii) by striking ‘‘notification period 

16 applicable to the manufacture or processing 

17 of such substance under subsection (a), (b), 

18 (c)’’ and inserting ‘‘applicable review pe19 riod’’; and 

20 (iii) by striking ‘‘of the proposed 

21 order’’ and inserting ‘‘of the order’’; 

22 (C) by striking paragraph (1)(C); and 

23 (D) by striking paragraph (2); 

24 (6) in subsection (f)— 

25 (A) in paragraph (1)— 
29 

•HR 2576 EAH 

1 (i) by striking ‘‘finds that there is a 

2 reasonable basis to conclude that the manu3 facture, processing, distribution in com4 merce, use, or disposal of a chemical sub5 stance with’’ and inserting ‘‘determines that 

6 a chemical substance or significant new use 

7 with’’; 

8 (ii) by striking ‘‘, or that any com9 bination of such activities,’’; 

10 (iii) by striking ‘‘or will present’’; 

11 (iv) by striking ‘‘before a rule promul12 gated under section 6 can protect against 

13 such risk,’’ and inserting ‘‘, without consid14 eration of costs or other nonrisk factors, in15 cluding an unreasonable risk to a poten16 tially exposed subpopulation identified as 

17 relevant by the Administrator under the 

18 conditions of use,’’; and 

19 (v) by striking ‘‘notification period ap20 plicable under subsection (a), (b), or (c) to 

21 the manufacturing or processing of such 

22 substance’’ and inserting ‘‘applicable review 

23 period’’; 
30 

•HR 2576 EAH 

1 (B) in paragraph (2), the matter following 

2 subparagraph (C), by striking ‘‘Section 

3 6(d)(2)(B)’’ and inserting ‘‘Section 6(d)(3)(B)’’; 

4 (C) in paragraph (3)— 

5 (i) in subparagraph (A)— 

6 (I) by striking ‘‘Administrator 

7 may’’ and all that follows through 

8 ‘‘issue a proposed order to prohibit 

9 the’’ and inserting ‘‘Administrator 

10 may issue an order to prohibit or limit 

11 the’’; and 

12 (II) by striking ‘‘under paragraph 

13 (1)’’ and all that follows through 

14 ‘‘processing of such substance.’’ and in15 serting ‘‘under paragraph (1). Such 

16 order shall take effect on the expiration 

17 of the applicable review period.’’; 

18 (ii) by striking subparagraph (B) and 

19 redesignating subparagraph (C) as subpara20 graph (B); 

21 (iii) in subparagraph (B), as so redes22 ignated— 

23 (I) by striking ‘‘subparagraphs 

24 (B) and (C)’’ and inserting ‘‘subpara25 graph (B)’’; 
31 

•HR 2576 EAH 

1 (II) by striking ‘‘clause (i) of’’; 

2 and 

3 (III) by striking ‘‘; and the provi4 sions of subparagraph (C) of subsection 

5 (e)(2) shall apply with respect to an 

6 injunction issued under subparagraph 

7 (B)’’; and 

8 (iv) by striking subparagraph (D); and 

9 (D) by adding at the end the following: 

10 ‘‘(4) TREATMENT OF NONCONFORMING USES.— 

11 Not later than 90 days after taking an action under 

12 paragraph (2) or (3) or issuing an order under sub13 section (e) relating to a chemical substance with re14 spect to which the Administrator has made a deter15 mination under subsection (a)(3)(A) or (B), the Ad16 ministrator shall consider whether to promulgate a 

17 rule pursuant to subsection (a)(2) that identifies as a 

18 significant new use any manufacturing, processing, 

19 use, distribution in commerce, or disposal of the 

20 chemical substance that does not conform to the re21 strictions imposed by the action or order, and, as ap22 plicable, initiate such a rulemaking or publish a 

23 statement describing the reasons of the Administrator 

24 for not initiating such a rulemaking. 
32 

•HR 2576 EAH 

1 ‘‘(5) WORKPLACE EXPOSURES.—To the extent 

2 practicable, the Administrator shall consult with the 

3 Assistant Secretary of Labor for Occupational Safety 

4 and Health prior to adopting any prohibition or 

5 other restriction relating to a chemical substance with 

6 respect to which the Administrator has made a deter7 mination under subsection (a)(3)(A) or (B) to address 

8 workplace exposures.’’; 

9 (7) by amending subsection (g) to read as fol10 lows: 

11 ‘‘(g) STATEMENT ON ADMINISTRATOR FINDING.—If the 

12 Administrator finds in accordance with subsection 

13 (a)(3)(C) that a chemical substance or significant new use 

14 is not likely to present an unreasonable risk of injury to 

15 health or the environment, then notwithstanding any re16 maining portion of the applicable review period, the sub17 mitter of the notice may commence manufacture of the 

18 chemical substance or manufacture or processing for the sig19 nificant new use, and the Administrator shall make public 

20 a statement of the Administrator’s finding. Such a state21 ment shall be submitted for publication in the Federal Reg22 ister as soon as is practicable before the expiration of such 

23 period. Publication of such statement in accordance with 

24 the preceding sentence is not a prerequisite to the manufac-
33 

•HR 2576 EAH 

1 turing or processing of the substance with respect to which 

2 the statement is to be published.’’; 

3 (8) in subsection (h)— 

4 (A) in paragraph (1)(A), by inserting ‘‘, in5 cluding an unreasonable risk to a potentially ex6 posed or susceptible subpopulation identified by 

7 the Administrator for the specific conditions of 

8 use identified in the application’’ after ‘‘health 

9 or the environment’’; 

10 (B) in paragraph (2), by striking ‘‘data’’ 

11 each place it appears and inserting ‘‘informa12 tion’’; and 

13 (C) in paragraph (4), by striking ‘‘. A rule 

14 promulgated’’ and all that follows through ‘‘sec15 tion 6(c)’’ and inserting ‘‘, including an unrea16 sonable risk to a potentially exposed or suscep17 tible subpopulation identified by the Adminis18 trator under the conditions of use’’; and 

19 (9) by amending subsection (i) to read as fol20 lows: 

21 ‘‘(i) DEFINITIONS.—(1) For purposes of this section, 

22 the terms ‘manufacture’ and ‘process’ mean manufacturing 

23 or processing for commercial purposes. 
34 

•HR 2576 EAH 

1 ‘‘(2) For purposes of this Act, the term ‘requirement’ 

2 as used in this section shall not displace any statutory or 

3 common law. 

4 ‘‘(3) For purposes of this section, the term ‘applicable 

5 review period’ means the period starting on the date the 

6 Administrator receives a notice under subsection (a)(1) and 

7 ending 90 days after that date, or on such date as is pro8 vided for in subsection (b)(1) or (c).’’. 

9 SEC. 6. PRIORITIZATION, RISK EVALUATION, AND REGULA10 TION OF CHEMICAL SUBSTANCES AND MIX11 TURES. 

12 Section 6 of the Toxic Substances Control Act (15 

13 U.S.C. 2605) is amended— 

14 (1) by striking the section heading and inserting 

15 ‘‘PRIORITIZATION, RISK EVALUATION, AND

16 REGULATION OF CHEMICAL SUBSTANCES AND

17 MIXTURES’’; 

18 (2) in subsection (a)— 

19 (A) by striking ‘‘finds that there is a rea20 sonable basis to conclude’’ and inserting ‘‘deter21 mines in accordance with subsection (b)(4)(A)’’; 

22 (B) by striking ‘‘or will present’’; 

23 (C) by inserting ‘‘and subject to section 18, 

24 and in accordance with subsection (c)(2),’’ after 

25 ‘‘shall by rule’’; 
35 

•HR 2576 EAH 

1 (D) by striking ‘‘to protect adequately 

2 against such risk using the least burdensome re3 quirements’’ and inserting ‘‘so that the chemical 

4 substance or mixture no longer presents such 

5 risk’’; 

6 (E) by inserting ‘‘or otherwise restricting’’ 

7 after ‘‘prohibiting’’ in paragraphs (1)(A) and 

8 (2)(A); 

9 (F) by inserting ‘‘minimum’’ before ‘‘warn10 ings’’ both places it appears in paragraph (3); 

11 (G) by striking ‘‘and monitor or conduct 

12 tests’’ and inserting ‘‘or monitor or conduct 

13 tests’’ in paragraph (4); and 

14 (H) in paragraph (7)— 

15 (i) by striking ‘‘such unreasonable risk 

16 of injury’’ and inserting ‘‘such determina17 tion’’; and 

18 (ii) by striking ‘‘such risk of injury’’ 

19 and inserting ‘‘such determination’’; 

20 (3) by amending subsection (b) to read as fol21 lows: 

22 ‘‘(b) RISK EVALUATIONS.— 

23 ‘‘(1) PRIORITIZATION FOR RISK EVALUATIONS.— 

24 ‘‘(A) ESTABLISHMENT OF PROCESS.—Not 

25 later than 1 year after the date of enactment of 
36 

•HR 2576 EAH 

1 the Frank R. Lautenberg Chemical Safety for the 

2 21st Century Act, the Administrator shall estab3 lish, by rule, a risk-based screening process, in4 cluding criteria for designating chemical sub5 stances as high-priority substances for risk eval6 uations or low-priority substances for which risk 

7 evaluations are not warranted at the time. The 

8 process to designate the priority of chemical sub9 stances shall include a consideration of the haz10 ard and exposure potential of a chemical sub11 stance or a category of chemical substances (in12 cluding consideration of persistence and bio13 accumulation, potentially exposed or susceptible 

14 subpopulations and storage near significant 

15 sources of drinking water), the conditions of use 

16 or significant changes in the conditions of use of 

17 the chemical substance, and the volume or sig18 nificant changes in the volume of the chemical 

19 substance manufactured or processed. 

20 ‘‘(B) IDENTIFICATION OF PRIORITIES FOR

21 RISK EVALUATION.— 

22 ‘‘(i) HIGH-PRIORITY SUBSTANCES.— 

23 The Administrator shall designate as a 

24 high-priority substance a chemical sub25 stance that the Administrator concludes, 
37 

•HR 2576 EAH 

1 without consideration of costs or other 

2 nonrisk factors, may present an unreason3 able risk of injury to health or the environ4 ment because of a potential hazard and a 

5 potential route of exposure under the condi6 tions of use, including an unreasonable risk 

7 to a potentially exposed or susceptible sub8 population identified as relevant by the Ad9 ministrator. 

10 ‘‘(ii) LOW-PRIORITY SUBSTANCES.— 

11 The Administrator shall designate a chem12 ical substance as a low-priority substance if 

13 the Administrator concludes, based on infor14 mation sufficient to establish, without con15 sideration of costs or other nonrisk factors, 

16 that such substance does not meet the stand17 ard identified in clause (i) for designating 

18 a chemical substance a high-priority sub19 stance. 

20 ‘‘(C) INFORMATION REQUEST AND REVIEW

21 AND PROPOSED AND FINAL PRIORITIZATION DES22 IGNATION.—The rulemaking required in sub23 paragraph (A) shall ensure that the time re24 quired to make a priority designation of a chem25 ical substance be no shorter than nine months 
38 

•HR 2576 EAH 

1 and no longer than 1 year, and that the process 

2 for such designations includes— 

3 ‘‘(i) a requirement that the Adminis4 trator request interested persons to submit 

5 relevant information on a chemical sub6 stance that the Administrator has initiated 

7 the prioritization process on, before pro8 posing a priority designation for the chem9 ical substance, and provide 90 days for such 

10 information to be provided; 

11 ‘‘(ii) a requirement that the Adminis12 trator publish each proposed designation of 

13 a chemical substance as a high- or low-pri14 ority substance, along with an identifica15 tion of the information, analysis, and basis 

16 used to make the proposed designations, and 

17 provide 90 days for public comment on each 

18 such proposed designation; and 

19 ‘‘(iii) a process by which the Adminis20 trator may extend the deadline in clause (i) 

21 for up to three months in order to receive or 

22 evaluate information required to be sub23 mitted in accordance with section 

24 4(a)(2)(B), subject to the limitation that if 

25 the information available to the Adminis-
39 

•HR 2576 EAH 

1 trator at the end of such an extension re2 mains insufficient to enable the designation 

3 of the chemical substance as a low-priority 

4 substance, the Administrator shall designate 

5 the chemical substance as a high-priority 

6 substance. 

7 ‘‘(2) INITIAL RISK EVALUATIONS AND SUBSE8 QUENT DESIGNATIONS OF HIGH- AND LOW-PRIORITY

9 SUBSTANCES.— 

10 ‘‘(A) INITIAL RISK EVALUATIONS.—Not 

11 later than 180 days after the date of enactment 

12 of the Frank R. Lautenberg Chemical Safety for 

13 the 21st Century Act, the Administrator shall en14 sure that risk evaluations are being conducted on 

15 10 chemical substances drawn from the 2014 up16 date of the TSCA Work Plan for Chemical As17 sessments and shall publish the list of such chem18 ical substances during the 180 day period. 

19 ‘‘(B) ADDITIONAL RISK EVALUATIONS.—Not 

20 later than three and one half years after the date 

21 of enactment of the Frank R. Lautenberg Chem22 ical Safety for the 21st Century Act, the Admin23 istrator shall ensure that risk evaluations are 

24 being conducted on at least 20 high-priority sub25 stances and that at least 20 chemical substances 
40 

•HR 2576 EAH 

1 have been designated as low-priority substances, 

2 subject to the limitation that at least 50 percent 

3 of all chemical substances on which risk evalua4 tions are being conducted by the Administrator 

5 are drawn from the 2014 update of the TSCA 

6 Work Plan for Chemical Assessments. 

7 ‘‘(C) CONTINUING DESIGNATIONS AND RISK

8 EVALUATIONS.—The Administrator shall con9 tinue to designate priority substances and con10 duct risk evaluations in accordance with this 

11 subsection at a pace consistent with the ability 

12 of the Administrator to complete risk evaluations 

13 in accordance with the deadlines under para14 graph (4)(G). 

15 ‘‘(D) PREFERENCE.—In designating high16 priority substances, the Administrator shall give 

17 preference to— 

18 ‘‘(i) chemical substances that are listed 

19 in the 2014 update of the TSCA Work Plan 

20 for Chemical Assessments as having a Per21 sistence and Bioaccumulation Score of 3; 

22 and 

23 ‘‘(ii) chemical substances that are list24 ed in the 2014 update of the TSCA Work 

25 Plan for Chemical Assessments that are 
41 

•HR 2576 EAH 

1 known human carcinogens and have high 

2 acute and chronic toxicity. 

3 ‘‘(E) METALS AND METAL COMPOUNDS.—In 

4 identifying priorities for risk evaluation and 

5 conducting risk evaluations of metals and metal 

6 compounds, the Administrator shall use the 

7 Framework for Metals Risk Assessment of the Of8 fice of the Science Advisor, Risk Assessment 

9 Forum, and dated March 2007, or a successor 

10 document that addresses metals risk assessment 

11 and is peer reviewed by the Science Advisory 

12 Board. 

13 ‘‘(3) INITIATION OF RISK EVALUATIONS; DES14 IGNATIONS.— 

15 ‘‘(A) RISK EVALUATION INITIATION.—Upon 

16 designating a chemical substance as a high-pri17 ority substance, the Administrator shall initiate 

18 a risk evaluation on the substance. 

19 ‘‘(B) REVISION.—The Administrator may 

20 revise the designation of a low-priority substance 

21 based on information made available to the Ad22 ministrator. 

23 ‘‘(C) ONGOING DESIGNATIONS.—The Ad24 ministrator shall designate at least one high-pri25 ority substance upon the completion of each risk 
42 

•HR 2576 EAH 

1 evaluation (other than risk evaluations for chem2 ical substances designated under paragraph 

3 (4)(C)(ii)). 

4 ‘‘(4) RISK EVALUATION PROCESS AND DEAD5 LINES.— 

6 ‘‘(A) IN GENERAL.—The Administrator 

7 shall conduct risk evaluations pursuant to this 

8 paragraph to determine whether a chemical sub9 stance presents an unreasonable risk of injury to 

10 health or the environment, without consideration 

11 of costs or other nonrisk factors, including an 

12 unreasonable risk to a potentially exposed or sus13 ceptible subpopulation identified as relevant to 

14 the risk evaluation by the Administrator, under 

15 the conditions of use. 

16 ‘‘(B) ESTABLISHMENT OF PROCESS.—Not 

17 later than 1 year after the date of enactment of 

18 the Frank R. Lautenberg Chemical Safety for the 

19 21st Century Act, the Administrator shall estab20 lish, by rule, a process to conduct risk evalua21 tions in accordance with subparagraph (A). 

22 ‘‘(C) REQUIREMENT.—The Administrator 

23 shall conduct and publish risk evaluations, in 

24 accordance with the rule promulgated under sub25 paragraph (B), for a chemical substance— 
43 

•HR 2576 EAH 

1 ‘‘(i) that has been identified under 

2 paragraph (2)(A) or designated under para3 graph (1)(B)(i); and 

4 ‘‘(ii) subject to subparagraph (E), that 

5 a manufacturer of the chemical substance 

6 has requested, in a form and manner and 

7 using the criteria prescribed by the Admin8 istrator in the rule promulgated under sub9 paragraph (B), be subjected to a risk eval10 uation. 

11 ‘‘(D) SCOPE.—The Administrator shall, not 

12 later than 6 months after the initiation of a risk 

13 evaluation, publish the scope of the risk evalua14 tion to be conducted, including the hazards, ex15 posures, conditions of use, and the potentially ex16 posed or susceptible subpopulations the Adminis17 trator expects to consider, and, for each designa18 tion of a high-priority substance, ensure not less 

19 than 12 months between the initiation of the 

20 prioritization process for the chemical substance 

21 and the publication of the scope of the risk eval22 uation for the chemical substance, and for risk 

23 evaluations conducted on chemical substances 

24 that have been identified under paragraph (2)(A) 

25 or selected under subparagraph (E)(iv)(II) of 
44 

•HR 2576 EAH 

1 this paragraph, ensure not less than 3 months 

2 before the Administrator publishes the scope of 

3 the risk evaluation. 

4 ‘‘(E) LIMITATION AND CRITERIA.— 

5 ‘‘(i) PERCENTAGE REQUIREMENTS.— 

6 The Administrator shall ensure that, of the 

7 number of chemical substances that undergo 

8 a risk evaluation under clause (i) of sub9 paragraph (C), the number of chemical sub10 stances undergoing a risk evaluation under 

11 clause (ii) of subparagraph (C) is— 

12 ‘‘(I) not less than 25 percent, if 

13 sufficient requests are made under 

14 clause (ii) of subparagraph (C); and 

15 ‘‘(II) not more than 50 percent. 

16 ‘‘(ii) REQUESTED RISK EVALUA17 TIONS.—Requests for risk evaluations under 

18 subparagraph (C)(ii) shall be subject to the 

19 payment of fees pursuant to section 26(b), 

20 and the Administrator shall not expedite or 

21 otherwise provide special treatment to such 

22 risk evaluations. 

23 ‘‘(iii) PREFERENCE.—In deciding 

24 whether to grant requests under subpara25 graph (C)(ii), the Administrator shall give 
45 

•HR 2576 EAH 

1 preference to requests for risk evaluations on 

2 chemical substances for which the Adminis3 trator determines that restrictions imposed 

4 by 1 or more States have the potential to 

5 have a significant impact on interstate 

6 commerce or health or the environment. 

7 ‘‘(iv) EXCEPTIONS.—(I) Chemical sub8 stances for which requests have been granted 

9 under subparagraph (C)(ii) shall not be 

10 subject to section 18(b). 

11 ‘‘(II) Requests for risk evaluations on 

12 chemical substances which are made under 

13 subparagraph (C)(ii) and that are drawn 

14 from the 2014 update of the TSCA Work 

15 Plan for Chemical Assessments shall be 

16 granted at the discretion of the Adminis17 trator and not be subject to clause (i)(II). 

18 ‘‘(F) REQUIREMENTS.—In conducting a 

19 risk evaluation under this subsection, the Admin20 istrator shall— 

21 ‘‘(i) integrate and assess available in22 formation on hazards and exposures for the 

23 conditions of use of the chemical substance, 

24 including information that is relevant to 

25 specific risks of injury to health or the envi-
46 

•HR 2576 EAH 

1 ronment and information on potentially ex2 posed or susceptible subpopulations identi3 fied as relevant by the Administrator; 

4 ‘‘(ii) describe whether aggregate or sen5 tinel exposures to a chemical substance 

6 under the conditions of use were considered, 

7 and the basis for that consideration; 

8 ‘‘(iii) not consider costs or other 

9 nonrisk factors; 

10 ‘‘(iv) take into account, where relevant, 

11 the likely duration, intensity, frequency, 

12 and number of exposures under the condi13 tions of use of the chemical substance; and 

14 ‘‘(v) describe the weight of the scientific 

15 evidence for the identified hazard and expo16 sure. 

17 ‘‘(G) DEADLINES.—The Administrator— 

18 ‘‘(i) shall complete a risk evaluation 

19 for a chemical substance as soon as prac20 ticable, but not later than 3 years after the 

21 date on which the Administrator initiates 

22 the risk evaluation under subparagraph (C); 

23 and 

24 ‘‘(ii) may extend the deadline for a 

25 risk evaluation for not more than 6 months. 
47 

•HR 2576 EAH 

1 ‘‘(H) NOTICE AND COMMENT.—The Admin2 istrator shall provide no less than 30 days public 

3 notice and an opportunity for comment on a 

4 draft risk evaluation prior to publishing a final 

5 risk evaluation.’’; 

6 (4) by amending subsection (c) to read as fol7 lows: 

8 ‘‘(c) PROMULGATION OF SUBSECTION (a) RULES.— 

9 ‘‘(1) DEADLINES.—If the Administrator deter10 mines that a chemical substance presents an unrea11 sonable risk of injury to health or the environment in 

12 accordance with subsection (b)(4)(A), the Adminis13 trator— 

14 ‘‘(A) shall propose in the Federal Register a 

15 rule under subsection (a) for the chemical sub16 stance not later than 1 year after the date on 

17 which the final risk evaluation regarding the 

18 chemical substance is published; 

19 ‘‘(B) shall publish in the Federal Register a 

20 final rule not later than 2 years after the date 

21 on which the final risk evaluation regarding the 

22 chemical substance is published; and 

23 ‘‘(C) may extend the deadlines under this 

24 paragraph for not more than 2 years, subject to 

25 the condition that the aggregate length of exten-
48 

•HR 2576 EAH 

1 sions under this subparagraph and subsection 

2 (b)(4)(G)(ii) does not exceed 2 years, and subject 

3 to the limitation that the Administrator may not 

4 extend a deadline for the publication of a pro5 posed or final rule regarding a chemical sub6 stance drawn from the 2014 update of the TSCA 

7 Work Plan for Chemical Assessments or a chem8 ical substance that, with respect to persistence 

9 and bioaccumulation, scores high for 1 and ei10 ther high or moderate for the other, pursuant to 

11 the TSCA Work Plan Chemicals Methods Docu12 ment published by the Administrator in Feb13 ruary 2012 (or a successor scoring system), with14 out adequate public justification that dem15 onstrates, following a review of the information 

16 reasonably available to the Administrator, that 

17 the Administrator cannot complete the proposed 

18 or final rule without additional information re19 garding the chemical substance. 

20 ‘‘(2) REQUIREMENTS FOR RULE.— 

21 ‘‘(A) STATEMENT OF EFFECTS.—In pro22 posing and promulgating a rule under subsection 

23 (a) with respect to a chemical substance or mix24 ture, the Administrator shall consider and pub-
49 

•HR 2576 EAH 

1 lish a statement based on reasonably available 

2 information with respect to— 

3 ‘‘(i) the effects of the chemical sub4 stance or mixture on health and the mag5 nitude of the exposure of human beings to 

6 the chemical substance or mixture; 

7 ‘‘(ii) the effects of the chemical sub8 stance or mixture on the environment and 

9 the magnitude of the exposure of the envi10 ronment to such substance or mixture; 

11 ‘‘(iii) the benefits of the chemical sub12 stance or mixture for various uses; and 

13 ‘‘(iv) the reasonably ascertainable eco14 nomic consequences of the rule, including 

15 consideration of— 

16 ‘‘(I) the likely effect of the rule on 

17 the national economy, small business, 

18 technological innovation, the environ19 ment, and public health; 

20 ‘‘(II) the costs and benefits of the 

21 proposed and final regulatory action 

22 and of the 1 or more primary alter23 native regulatory actions considered by 

24 the Administrator; and 
50 

•HR 2576 EAH 

1 ‘‘(III) the cost effectiveness of the 

2 proposed regulatory action and of the 1 

3 or more primary alternative regulatory 

4 actions considered by the Adminis5 trator. 

6 ‘‘(B) SELECTING REQUIREMENTS.—In se7 lecting among prohibitions and other restric8 tions, the Administrator shall factor in, to the 

9 extent practicable, the considerations under sub10 paragraph (A) in accordance with subsection 

11 (a). 

12 ‘‘(C) CONSIDERATION OF ALTERNATIVES.— 

13 Based on the information published under sub14 paragraph (A), in deciding whether to prohibit 

15 or restrict in a manner that substantially pre16 vents a specific condition of use of a chemical 

17 substance or mixture, and in setting an appro18 priate transition period for such action, the Ad19 ministrator shall consider, to the extent prac20 ticable, whether technically and economically 

21 feasible alternatives that benefit health or the en22 vironment, compared to the use so proposed to be 

23 prohibited or restricted, will be reasonably avail24 able as a substitute when the proposed prohibi25 tion or other restriction takes effect. 
51 

•HR 2576 EAH 

1 ‘‘(D) REPLACEMENT PARTS.— 

2 ‘‘(i) IN GENERAL.—The Administrator 

3 shall exempt replacement parts for complex 

4 durable goods and complex consumer goods 

5 that are designed prior to the date of publi6 cation in the Federal Register of the rule 

7 under subsection (a), unless the Adminis8 trator finds that such replacement parts 

9 contribute significantly to the risk, identi10 fied in a risk evaluation conducted under 

11 subsection (b)(4)(A), to the general popu12 lation or to an identified potentially ex13 posed or susceptible subpopulation. 

14 ‘‘(ii) DEFINITIONS.—In this subpara15 graph— 

16 ‘‘(I) the term ‘complex consumer 

17 goods’ means electronic or mechanical 

18 devices composed of multiple manufac19 tured components, with an intended 

20 useful life of 3 or more years, where the 

21 product is typically not consumed, de22 stroyed, or discarded after a single use, 

23 and the components of which would be 

24 impracticable to redesign or replace; 

25 and 
52 

•HR 2576 EAH 

1 ‘‘(II) the term ‘complex durable 

2 goods’ means manufactured goods com3 posed of 100 or more manufactured 

4 components, with an intended useful 

5 life of 5 or more years, where the prod6 uct is typically not consumed, de7 stroyed, or discarded after a single use. 

8 ‘‘(E) ARTICLES.—In selecting among prohi9 bitions and other restrictions, the Administrator 

10 shall apply such prohibitions or other restric11 tions to an article or category of articles con12 taining the chemical substance or mixture only 

13 to the extent necessary to address the identified 

14 risks from exposure to the chemical substance or 

15 mixture from the article or category of articles so 

16 that the substance or mixture does not present an 

17 unreasonable risk of injury to health or the envi18 ronment identified in the risk evaluation con19 ducted in accordance with subsection (b)(4)(A). 

20 ‘‘(3) PROCEDURES.—When prescribing a rule 

21 under subsection (a) the Administrator shall proceed 

22 in accordance with section 553 of title 5, United 

23 States Code (without regard to any reference in such 

24 section to sections 556 and 557 of such title), and 

25 shall also— 
53 

•HR 2576 EAH 

1 ‘‘(A) publish a notice of proposed rule2 making stating with particularity the reason for 

3 the proposed rule; 

4 ‘‘(B) allow interested persons to submit 

5 written data, views, and arguments, and make 

6 all such submissions publicly available; 

7 ‘‘(C) promulgate a final rule based on the 

8 matter in the rulemaking record; and 

9 ‘‘(D) make and publish with the rule the de10 termination described in subsection (a).’’; 

11 (5) in subsection (d)— 

12 (A) by redesignating paragraph (2) as 

13 paragraph (3); 

14 (B) by striking paragraph (1) and inserting 

15 the following: 

16 ‘‘(1) IN GENERAL.—In any rule under subsection 

17 (a), the Administrator shall— 

18 ‘‘(A) specify the date on which it shall take 

19 effect, which date shall be as soon as practicable; 

20 ‘‘(B) except as provided in subparagraphs 

21 (C) and (D), specify mandatory compliance 

22 dates for all of the requirements under a rule 

23 under subsection (a), which shall be as soon as 

24 practicable, but not later than 5 years after the 
54 

•HR 2576 EAH 

1 date of promulgation of the rule, except in a case 

2 of a use exempted under subsection (g); 

3 ‘‘(C) specify mandatory compliance dates 

4 for the start of ban or phase-out requirements 

5 under a rule under subsection (a), which shall be 

6 as soon as practicable, but not later than 5 years 

7 after the date of promulgation of the rule, except 

8 in the case of a use exempted under subsection 

9 (g); 

10 ‘‘(D) specify mandatory compliance dates 

11 for full implementation of ban or phase-out re12 quirements under a rule under subsection (a), 

13 which shall be as soon as practicable; and 

14 ‘‘(E) provide for a reasonable transition pe15 riod. 

16 ‘‘(2) VARIABILITY.—As determined by the Ad17 ministrator, the compliance dates established under 

18 paragraph (1) may vary for different affected per19 sons.’’; and 

20 (C) in paragraph (3), as so redesignated by 

21 subparagraph (A) of this paragraph— 

22 (i) in subparagraph (A)— 

23 (I) by striking ‘‘upon its publica24 tion’’ and all that follows through ‘‘re25 specting such rule if’’ and inserting ‘‘, 
55 

•HR 2576 EAH 

1 and compliance with the proposed re2 quirements to be mandatory, upon 

3 publication in the Federal Register of 

4 the proposed rule and until the compli5 ance dates applicable to such require6 ments in a final rule promulgated 

7 under section 6(a) or until the Admin8 istrator revokes such proposed rule, in 

9 accordance with subparagraph (B), if’’; 

10 and 

11 (II) in clause (i)(I), by inserting 

12 ‘‘without consideration of costs or other 

13 non-risk factors’’ after ‘‘effective date’’; 

14 and 

15 (ii) in subparagraph (B), by striking 

16 ‘‘, provide reasonable opportunity’’ and all 

17 that follows through the period at the end 

18 and inserting ‘‘in accordance with sub19 section (c), and either promulgate such rule 

20 (as proposed or with modifications) or re21 voke it.’’; 

22 (6) in subsection (e)(4), by striking ‘‘paragraphs 

23 (2), (3), and (4)’’ and inserting ‘‘paragraph (3)’’; and 

24 (7) by adding at the end the following new sub25 sections: 
56 

•HR 2576 EAH 

1 ‘‘(g) EXEMPTIONS.— 

2 ‘‘(1) CRITERIA FOR EXEMPTION.—The Adminis3 trator may, as part of a rule promulgated under sub4 section (a), or in a separate rule, grant an exemption 

5 from a requirement of a subsection (a) rule for a spe6 cific condition of use of a chemical substance or mix7 ture, if the Administrator finds that— 

8 ‘‘(A) the specific condition of use is a crit9 ical or essential use for which no technically and 

10 economically feasible safer alternative is avail11 able, taking into consideration hazard and expo12 sure; 

13 ‘‘(B) compliance with the requirement, as 

14 applied with respect to the specific condition of 

15 use, would significantly disrupt the national 

16 economy, national security, or critical infra17 structure; or 

18 ‘‘(C) the specific condition of use of the 

19 chemical substance or mixture, as compared to 

20 reasonably available alternatives, provides a sub21 stantial benefit to health, the environment, or 

22 public safety. 

23 ‘‘(2) EXEMPTION ANALYSIS AND STATEMENT.—In 

24 proposing an exemption under this subsection, the 

25 Administrator shall analyze the need for the exemp-
57 

•HR 2576 EAH 

1 tion, and shall make public the analysis and a state2 ment describing how the analysis was taken into ac3 count. 

4 ‘‘(3) PERIOD OF EXEMPTION.—The Adminis5 trator shall establish, as part of a rule under this sub6 section, a time limit on any exemption for a time to 

7 be determined by the Administrator as reasonable on 

8 a case-by-case basis, and, by rule, may extend, mod9 ify, or eliminate an exemption if the Administrator 

10 determines, on the basis of reasonably available infor11 mation and after adequate public justification, the ex12 emption warrants extension or modification or is no 

13 longer necessary. 

14 ‘‘(4) CONDITIONS.—As part of a rule promul15 gated under this subsection, the Administrator shall 

16 include conditions, including reasonable record17 keeping, monitoring, and reporting requirements, to 

18 the extent that the Administrator determines the con19 ditions are necessary to protect health and the envi20 ronment while achieving the purposes of the exemp21 tion. 

22 ‘‘(h) CHEMICALS THAT ARE PERSISTENT, BIO23 ACCUMULATIVE, AND TOXIC.— 

24 ‘‘(1) EXPEDITED ACTION.—Not later than 3 

25 years after the date of enactment of the Frank R. 
58 

•HR 2576 EAH 

1 Lautenberg Chemical Safety for the 21st Century Act, 

2 the Administrator shall propose rules under sub3 section (a) with respect to chemical substances identi4 fied in the 2014 update of the TSCA Work Plan for 

5 Chemical Assessments— 

6 ‘‘(A) that the Administrator has a reason7 able basis to conclude are toxic and that with re8 spect to persistence and bioaccumulation score 

9 high for one and either high or moderate for the 

10 other, pursuant to the TSCA Work Plan Chemi11 cals Methods Document published by the Admin12 istrator in February 2012 (or a successor scoring 

13 system), and are not a metal or a metal com14 pound, and for which the Administrator has not 

15 completed a Work Plan Problem Formulation, 

16 initiated a review under section 5, or entered 

17 into a consent agreement under section 4, prior 

18 to the date of enactment of the Frank R. Lauten19 berg Chemical Safety for the 21st Century Act; 

20 and 

21 ‘‘(B) exposure to which under the conditions 

22 of use is likely to the general population or to a 

23 potentially exposed or susceptible subpopulation 

24 identified by the Administrator, or the environ-
59 

•HR 2576 EAH 

1 ment, on the basis of an exposure and use assess2 ment conducted by the Administrator. 

3 ‘‘(2) NO RISK EVALUATION REQUIRED.—The Ad4 ministrator shall not be required to conduct risk eval5 uations on chemical substances that are subject to 

6 paragraph (1). 

7 ‘‘(3) FINAL RULE.—Not later than 18 months 

8 after proposing a rule pursuant to paragraph (1), the 

9 Administrator shall promulgate a final rule under 

10 subsection (a). 

11 ‘‘(4) SELECTING RESTRICTIONS.—In selecting 

12 among prohibitions and other restrictions promul13 gated in a rule under subsection (a) pursuant to 

14 paragraph (1), the Administrator shall address the 

15 risks of injury to health or the environment that the 

16 Administrator determines are presented by the chem17 ical substance and shall reduce exposure to the sub18 stance to the extent practicable. 

19 ‘‘(5) RELATIONSHIP TO SUBSECTION (b).—If, at 

20 any time prior to the date that is 90 days after the 

21 date of enactment of the Frank R. Lautenberg Chem22 ical Safety for the 21st Century Act, the Adminis23 trator makes a designation under subsection 

24 (b)(1)(B)(i), or receives a request under subsection 

25 (b)(4)(C)(ii), such chemical substance shall not be 
60 

•HR 2576 EAH 

1 subject to this subsection, except that in selecting 

2 among prohibitions and other restrictions promul3 gated in a rule pursuant to subsection (a), the Ad4 ministrator shall both ensure that the chemical sub5 stance meets the rulemaking standard under sub6 section (a) and reduce exposure to the substance to the 

7 extent practicable. 

8 ‘‘(i) FINAL AGENCY ACTION.—Under this section and 

9 subject to section 18— 

10 ‘‘(1) a determination by the Administrator 

11 under subsection (b)(4)(A) that a chemical substance 

12 does not present an unreasonable risk of injury to 

13 health or the environment shall be issued by order 

14 and considered to be a final agency action, effective 

15 beginning on the date of issuance of the order; and 

16 ‘‘(2) a final rule promulgated under subsection 

17 (a), including the associated determination by the Ad18 ministrator under subsection (b)(4)(A) that a chem19 ical substance presents an unreasonable risk of injury 

20 to health or the environment, shall be considered to be 

21 a final agency action, effective beginning on the date 

22 of promulgation of the final rule. 

23 ‘‘(j) DEFINITION.—For the purposes of this Act, the 

24 term ‘requirement’ as used in this section shall not displace 

25 statutory or common law.’’. 
61 

•HR 2576 EAH 

1 SEC. 7. IMMINENT HAZARDS. 

2 Section 7 of the Toxic Substances Control Act (15 

3 U.S.C. 2606) is amended— 

4 (1) in subsection (b)(1), by inserting ‘‘(as identi5 fied by the Administrator without consideration of 

6 costs or other nonrisk factors)’’ after ‘‘from the unrea7 sonable risk’’; and 

8 (2) in subsection (f), by inserting ‘‘, without con9 sideration of costs or other nonrisk factors’’ after 

10 ‘‘widespread injury to health or the environment’’. 

11 SEC. 8. REPORTING AND RETENTION OF INFORMATION. 

12 (a) IN GENERAL.—Section 8 of the Toxic Substances 

13 Control Act (15 U.S.C. 2607) is amended— 

14 (1) in subsection (a)— 

15 (A) in paragraph (2), by striking the mat16 ter that follows subparagraph (G); 

17 (B) in paragraph (3), by adding at the end 

18 the following: 

19 ‘‘(C) Not later than 180 days after the date of enact20 ment of the Frank R. Lautenberg Chemical Safety for the 

21 21st Century Act, and not less frequently than once every 

22 10 years thereafter, the Administrator, after consultation 

23 with the Administrator of the Small Business Administra24 tion, shall— 

25 ‘‘(i) review the adequacy of the standards pre26 scribed under subparagraph (B); and 
62 

•HR 2576 EAH 

1 ‘‘(ii) after providing public notice and an oppor2 tunity for comment, make a determination as to 

3 whether revision of the standards is warranted.’’; and 

4 (C) by adding at the end the following: 

5 ‘‘(4) CONTENTS.—The rules promulgated pursu6 ant to paragraph (1)— 

7 ‘‘(A) may impose differing reporting and 

8 recordkeeping requirements on manufacturers 

9 and processors; and 

10 ‘‘(B) shall include the level of detail nec11 essary to be reported, including the manner by 

12 which use and exposure information may be re13 ported. 

14 ‘‘(5) ADMINISTRATION.—In carrying out this sec15 tion, the Administrator shall, to the extent feasible— 

16 ‘‘(A) not require reporting which is unnec17 essary or duplicative; 

18 ‘‘(B) minimize the cost of compliance with 

19 this section and the rules issued thereunder on 

20 small manufacturers and processors; and 

21 ‘‘(C) apply any reporting obligations to 

22 those persons likely to have information relevant 

23 to the effective implementation of this title. 

24 ‘‘(6) NEGOTIATED RULEMAKING.—(A) The Ad25 ministrator shall enter into a negotiated rulemaking 
63 

•HR 2576 EAH 

1 pursuant to subchapter III of chapter 5 of title 5, 

2 United States Code, to develop and publish, not later 

3 than 3 years after the date of enactment of the Frank 

4 R. Lautenberg Chemical Safety for the 21st Century 

5 Act, a proposed rule providing for limiting the report6 ing requirements, under this subsection, for manufac7 turers of any inorganic byproducts, when such by8 products, whether by the byproduct manufacturer or 

9 by any other person, are subsequently recycled, re10 used, or reprocessed. 

11 ‘‘(B) Not later than 3 and one-half years after 

12 such date of enactment, the Administrator shall pub13 lish a final rule resulting from such negotiated rule14 making.’’; and 

15 (2) in subsection (b), by adding at the end the 

16 following: 

17 ‘‘(3) NOMENCLATURE.— 

18 ‘‘(A) IN GENERAL.—In carrying out para19 graph (1), the Administrator shall— 

20 ‘‘(i) maintain the use of Class 2 no21 menclature in use on the date of enactment 

22 of the Frank R. Lautenberg Chemical Safe23 ty for the 21st Century Act; 

24 ‘‘(ii) maintain the use of the Soap and 

25 Detergent Association Nomenclature Sys-
64 

•HR 2576 EAH 

1 tem, published in March 1978 by the Ad2 ministrator in section 1 of addendum III of 

3 the document entitled ‘Candidate List of 

4 Chemical Substances’, and further described 

5 in the appendix A of volume I of the 1985 

6 edition of the Toxic Substances Control Act 

7 Substances Inventory (EPA Document No. 

8 EPA–560/7–85–002a); and 

9 ‘‘(iii) treat the individual members of 

10 the categories of chemical substances identi11 fied by the Administrator as statutory mix12 tures, as defined in Inventory descriptions 

13 established by the Administrator, as being 

14 included on the list established under para15 graph (1). 

16 ‘‘(B) MULTIPLE NOMENCLATURE LIST17 INGS.—If a manufacturer or processor dem18 onstrates to the Administrator that a chemical 

19 substance appears multiple times on the list pub20 lished under paragraph (1) under different CAS 

21 numbers, the Administrator may recognize the 

22 multiple listings as a single chemical substance. 

23 ‘‘(4) CHEMICAL SUBSTANCES IN COMMERCE.— 

24 ‘‘(A) RULES.— 
65 

•HR 2576 EAH 

1 ‘‘(i) IN GENERAL.—Not later than 1 

2 year after the date of enactment of the 

3 Frank R. Lautenberg Chemical Safety for 

4 the 21st Century Act, the Administrator, by 

5 rule, shall require manufacturers, and may 

6 require processors, subject to the limitations 

7 under subsection (a)(5)(A), to notify the Ad8 ministrator, by not later than 180 days 

9 after the date on which the final rule is 

10 published in the Federal Register, of each 

11 chemical substance on the list published 

12 under paragraph (1) that the manufacturer 

13 or processor, as applicable, has manufac14 tured or processed for a nonexempt commer15 cial purpose during the 10-year period end16 ing on the day before the date of enactment 

17 of the Frank R. Lautenberg Chemical Safe18 ty for the 21st Century Act. 

19 ‘‘(ii) ACTIVE SUBSTANCES.—The Ad20 ministrator shall designate chemical sub21 stances for which notices are received under 

22 clause (i) to be active substances on the list 

23 published under paragraph (1). 

24 ‘‘(iii) INACTIVE SUBSTANCES.—The 

25 Administrator shall designate chemical sub-
66 

•HR 2576 EAH 

1 stances for which no notices are received 

2 under clause (i) to be inactive substances on 

3 the list published under paragraph (1). 

4 ‘‘(iv) LIMITATION.—No chemical sub5 stance on the list published under para6 graph (1) shall be removed from such list by 

7 reason of the implementation of this sub8 paragraph, or be subject to section 

9 5(a)(1)(A)(i) by reason of a change to active 

10 status under paragraph (5)(B). 

11 ‘‘(B) CONFIDENTIAL CHEMICAL SUB12 STANCES.—In promulgating a rule under sub13 paragraph (A), the Administrator shall— 

14 ‘‘(i) maintain the list under paragraph 

15 (1), which shall include a confidential por16 tion and a nonconfidential portion con17 sistent with this section and section 14; 

18 ‘‘(ii) require any manufacturer or 

19 processor of a chemical substance on the 

20 confidential portion of the list published 

21 under paragraph (1) that seeks to maintain 

22 an existing claim for protection against dis23 closure of the specific chemical identity of 

24 the chemical substance as confidential pur25 suant to section 14 to submit a notice under 
67 

•HR 2576 EAH 

1 subparagraph (A) that includes such re2 quest; 

3 ‘‘(iii) require the substantiation of 

4 those claims pursuant to section 14 and in 

5 accordance with the review plan described 

6 in subparagraph (C); and 

7 ‘‘(iv) move any active chemical sub8 stance for which no request was received to 

9 maintain an existing claim for protection 

10 against disclosure of the specific chemical 

11 identity of the chemical substance as con12 fidential from the confidential portion of the 

13 list published under paragraph (1) to the 

14 nonconfidential portion of that list. 

15 ‘‘(C) REVIEW PLAN.—Not later than 1 year 

16 after the date on which the Administrator com17 piles the initial list of active substances pursuant 

18 to subparagraph (A), the Administrator shall 

19 promulgate a rule that establishes a plan to re20 view all claims to protect the specific chemical 

21 identities of chemical substances on the confiden22 tial portion of the list published under para23 graph (1) that are asserted pursuant to subpara24 graph (B). 
68 

•HR 2576 EAH 

1 ‘‘(D) REQUIREMENTS OF REVIEW PLAN.—In 

2 establishing the review plan under subparagraph 

3 (C), the Administrator shall— 

4 ‘‘(i) require, at a time specified by the 

5 Administrator, all manufacturers or proc6 essors asserting claims under subparagraph 

7 (B) to substantiate the claim, in accordance 

8 with section 14, unless the manufacturer or 

9 processor has substantiated the claim in a 

10 submission made to the Administrator dur11 ing the 5-year period ending on the last day 

12 of the of the time period specified by the Ad13 ministrator; and 

14 ‘‘(ii) in accordance with section 14— 

15 ‘‘(I) review each substantiation— 

16 ‘‘(aa) submitted pursuant to 

17 clause (i) to determine if the 

18 claim qualifies for protection from 

19 disclosure; and 

20 ‘‘(bb) submitted previously 

21 by a manufacturer or processor 

22 and relied on in lieu of the sub23 stantiation required pursuant to 

24 clause (i), if the substantiation 

25 has not been previously reviewed 
69 

•HR 2576 EAH 

1 by the Administrator, to deter2 mine if the claim warrants pro3 tection from disclosure; 

4 ‘‘(II) approve, approve in part 

5 and deny in part, or deny each claim; 

6 and 

7 ‘‘(III) except as provided in this 

8 section and section 14, protect from 

9 disclosure information for which the 

10 Administrator approves such a claim 

11 for a period of 10 years, unless, prior 

12 to the expiration of the period— 

13 ‘‘(aa) the person notifies the 

14 Administrator that the person is 

15 withdrawing the claim, in which 

16 case the Administrator shall not 

17 protect the information from dis18 closure; or 

19 ‘‘(bb) the Administrator oth20 erwise becomes aware that the in21 formation does not qualify for 

22 protection from disclosure, in 

23 which case the Administrator 

24 shall take the actions described in 

25 section 14(g)(2). 
70 

•HR 2576 EAH 

1 ‘‘(E) TIMELINE FOR COMPLETION OF RE2 VIEWS.— 

3 ‘‘(i) IN GENERAL.—The Administrator 

4 shall implement the review plan so as to 

5 complete reviews of all claims specified in 

6 subparagraph (C) not later than 5 years 

7 after the date on which the Administrator 

8 compiles the initial list of active substances 

9 pursuant to subparagraph (A). 

10 ‘‘(ii) CONSIDERATIONS.— 

11 ‘‘(I) IN GENERAL.—The Adminis12 trator may extend the deadline for 

13 completion of the reviews for not more 

14 than 2 additional years, after an ade15 quate public justification, if the Ad16 ministrator determines that the exten17 sion is necessary based on the number 

18 of claims needing review and the avail19 able resources. 

20 ‘‘(II) ANNUAL REVIEW GOAL AND

21 RESULTS.—At the beginning of each 

22 year, the Administrator shall publish 

23 an annual goal for reviews and the 

24 number of reviews completed in the 

25 prior year. 
71 

•HR 2576 EAH 

1 ‘‘(5) ACTIVE AND INACTIVE SUBSTANCES.— 

2 ‘‘(A) IN GENERAL.—The Administrator 

3 shall keep designations of active substances and 

4 inactive substances on the list published under 

5 paragraph (1) current. 

6 ‘‘(B) CHANGE TO ACTIVE STATUS.— 

7 ‘‘(i) IN GENERAL.—Any person that 

8 intends to manufacture or process for a 

9 nonexempt commercial purpose a chemical 

10 substance that is designated as an inactive 

11 substance shall notify the Administrator be12 fore the date on which the inactive sub13 stance is manufactured or processed. 

14 ‘‘(ii) CONFIDENTIAL CHEMICAL IDEN15 TITY.—If a person submitting a notice 

16 under clause (i) for an inactive substance 

17 on the confidential portion of the list pub18 lished under paragraph (1) seeks to main19 tain an existing claim for protection 

20 against disclosure of the specific chemical 

21 identity of the inactive substance as con22 fidential, the person shall, consistent with 

23 the requirements of section 14— 

24 ‘‘(I) in the notice submitted under 

25 clause (i), assert the claim; and 
72 

•HR 2576 EAH 

1 ‘‘(II) by not later than 30 days 

2 after providing the notice under clause 

3 (i), substantiate the claim. 

4 ‘‘(iii) ACTIVE STATUS.—On receiving a 

5 notification under clause (i), the Adminis6 trator shall— 

7 ‘‘(I) designate the applicable 

8 chemical substance as an active sub9 stance; 

10 ‘‘(II) pursuant to section 14, 

11 promptly review any claim and associ12 ated substantiation submitted pursu13 ant to clause (ii) for protection against 

14 disclosure of the specific chemical iden15 tity of the chemical substance and ap16 prove, approve in part and deny in 

17 part, or deny the claim; 

18 ‘‘(III) except as provided in this 

19 section and section 14, protect from 

20 disclosure the specific chemical identity 

21 of the chemical substance for which the 

22 Administrator approves a claim under 

23 subclause (II) for a period of 10 years, 

24 unless, prior to the expiration of the 

25 period— 
73 

•HR 2576 EAH 

1 ‘‘(aa) the person notifies the 

2 Administrator that the person is 

3 withdrawing the claim, in which 

4 case the Administrator shall not 

5 protect the information from dis6 closure; or 

7 ‘‘(bb) the Administrator oth8 erwise becomes aware that the in9 formation does not qualify for 

10 protection from disclosure, in 

11 which case the Administrator 

12 shall take the actions described in 

13 section 14(g)(2); and 

14 ‘‘(IV) pursuant to section 6(b), re15 view the priority of the chemical sub16 stance as the Administrator determines 

17 to be necessary. 

18 ‘‘(C) CATEGORY STATUS.—The list of inac19 tive substances shall not be considered to be a 

20 category for purposes of section 26(c). 

21 ‘‘(6) INTERIM LIST OF ACTIVE SUBSTANCES.— 

22 Prior to the promulgation of the rule required under 

23 paragraph (4)(A), the Administrator shall designate 

24 the chemical substances reported under part 711 of 

25 title 40, Code of Federal Regulations (as in effect on 
74 

•HR 2576 EAH 

1 the date of enactment of the Frank R. Lautenberg 

2 Chemical Safety for the 21st Century Act), during the 

3 reporting period that most closely preceded the date 

4 of enactment of the Frank R. Lautenberg Chemical 

5 Safety for the 21st Century Act, as the interim list 

6 of active substances for the purposes of section 6(b). 

7 ‘‘(7) PUBLIC INFORMATION.—Subject to this sub8 section and section 14, the Administrator shall make 

9 available to the public— 

10 ‘‘(A) each specific chemical identity on the 

11 nonconfidential portion of the list published 

12 under paragraph (1) along with the Administra13 tor’s designation of the chemical substance as an 

14 active or inactive substance; 

15 ‘‘(B) the unique identifier assigned under 

16 section 14, accession number, generic name, and, 

17 if applicable, premanufacture notice case number 

18 for each chemical substance on the confidential 

19 portion of the list published under paragraph (1) 

20 for which a claim of confidentiality was received; 

21 and 

22 ‘‘(C) the specific chemical identity of any 

23 active substance for which— 

24 ‘‘(i) a claim for protection against dis25 closure of the specific chemical identity of 
75 

•HR 2576 EAH 

1 the active substance was not asserted, as re2 quired under this subsection or section 14; 

3 ‘‘(ii) all claims for protection against 

4 disclosure of the specific chemical identity 

5 of the active substance have been denied by 

6 the Administrator; or 

7 ‘‘(iii) the time period for protection 

8 against disclosure of the specific chemical 

9 identity of the active substance has expired. 

10 ‘‘(8) LIMITATION.—No person may assert a new 

11 claim under this subsection or section 14 for protec12 tion from disclosure of a specific chemical identity of 

13 any active or inactive substance for which a notice is 

14 received under paragraph (4)(A)(i) or (5)(B)(i) that 

15 is not on the confidential portion of the list published 

16 under paragraph (1). 

17 ‘‘(9) CERTIFICATION.—Under the rules promul18 gated under this subsection, manufacturers and proc19 essors, as applicable, shall be required— 

20 ‘‘(A) to certify that each notice or substan21 tiation the manufacturer or processor submits 

22 complies with the requirements of the rule, and 

23 that any confidentiality claims are true and cor24 rect; and 
76 

•HR 2576 EAH 

1 ‘‘(B) to retain a record documenting com2 pliance with the rule and supporting confiden3 tiality claims for a period of 5 years beginning 

4 on the last day of the submission period.’’. 

5 (b) MERCURY INVENTORY.—Section 8(b) of the Toxic 

6 Substances Control Act (15 U.S.C. 2607(b)) (as amended 

7 by subsection (a)) is further amended by adding at the end 

8 the following: 

9 ‘‘(10) MERCURY.— 

10 ‘‘(A) DEFINITION OF MERCURY.—In this 

11 paragraph, notwithstanding section 3(2)(B), the 

12 term ‘mercury’ means— 

13 ‘‘(i) elemental mercury; and 

14 ‘‘(ii) a mercury compound. 

15 ‘‘(B) PUBLICATION.—Not later than April 

16 1, 2017, and every 3 years thereafter, the Admin17 istrator shall carry out and publish in the Fed18 eral Register an inventory of mercury supply, 

19 use, and trade in the United States. 

20 ‘‘(C) PROCESS.—In carrying out the inven21 tory under subparagraph (B), the Administrator 

22 shall— 

23 ‘‘(i) identify any manufacturing proc24 esses or products that intentionally add 

25 mercury; and 
77 

•HR 2576 EAH 

1 ‘‘(ii) recommend actions, including 

2 proposed revisions of Federal law or regula3 tions, to achieve further reductions in mer4 cury use. 

5 ‘‘(D) REPORTING.— 

6 ‘‘(i) IN GENERAL.—To assist in the 

7 preparation of the inventory under sub8 paragraph (B), any person who manufac9 tures mercury or mercury-added products or 

10 otherwise intentionally uses mercury in a 

11 manufacturing process shall make periodic 

12 reports to the Administrator, at such time 

13 and including such information as the Ad14 ministrator shall determine by rule promul15 gated not later than 2 years after the date 

16 of enactment of this paragraph. 

17 ‘‘(ii) COORDINATION.—To avoid dupli18 cation, the Administrator shall coordinate 

19 the reporting under this subparagraph with 

20 the Interstate Mercury Education and Re21 duction Clearinghouse. 

22 ‘‘(iii) EXEMPTION.—Clause (i) shall 

23 not apply to a person engaged in the gen24 eration, handling, or management of mer25 cury-containing waste, unless that person 
78 

•HR 2576 EAH 

1 manufactures or recovers mercury in the 

2 management of that waste.’’. 

3 SEC. 9. RELATIONSHIP TO OTHER FEDERAL LAWS. 

4 Section 9 of the Toxic Substances Control Act (15 

5 U.S.C. 2608) is amended— 

6 (1) in subsection (a)— 

7 (A) in paragraph (1)— 

8 (i) by striking ‘‘has reasonable basis to 

9 conclude’’ and inserting ‘‘determines’’; 

10 (ii) by striking ‘‘or will present’’; and 

11 (iii) by inserting ‘‘, without consider12 ation of costs or other nonrisk factors, in13 cluding an unreasonable risk to a poten14 tially exposed or susceptible subpopulation 

15 identified as relevant by the Administrator, 

16 under the conditions of use,’’ after ‘‘or the 

17 environment’’; 

18 (B) in paragraph (2)— 

19 (i) in subparagraph (A), by inserting 

20 ‘‘, within the time period specified by the 

21 Administrator in the report,’’ after ‘‘issues 

22 an order’’; and 

23 (ii) in subparagraph (B), by inserting 

24 ‘‘responds within the time period specified 
79 

•HR 2576 EAH 

1 by the Administrator in the report and’’ be2 fore ‘‘initiates, within 90’’; 

3 (C) by redesignating paragraph (3) as 

4 paragraph (6); and 

5 (D) by inserting after paragraph (2) the fol6 lowing: 

7 ‘‘(3) The Administrator shall take the actions described 

8 in paragraph (4) if the Administrator makes a report under 

9 paragraph (1) with respect to a chemical substance or mix10 ture and the agency to which the report was made does 

11 not— 

12 ‘‘(A) issue the order described in paragraph 

13 (2)(A) within the time period specified by the Admin14 istrator in the report; or 

15 ‘‘(B)(i) respond under paragraph (1) within the 

16 timeframe specified by the Administrator in the re17 port; and 

18 ‘‘(ii) initiate action within 90 days of publica19 tion in the Federal Register of the response described 

20 in clause (i). 

21 ‘‘(4) If an agency to which a report is submitted under 

22 paragraph (1) does not take the actions described in sub23 paragraph (A) or (B) of paragraph (3), the Administrator 

24 shall— 
80 

•HR 2576 EAH 

1 ‘‘(A) initiate or complete appropriate action 

2 under section 6; or 

3 ‘‘(B) take any action authorized or required 

4 under section 7, as applicable. 

5 ‘‘(5) This subsection shall not relieve the Administrator 

6 of any obligation to take any appropriate action under sec7 tion 6(a) or 7 to address risks from the manufacture, proc8 essing, distribution in commerce, use, or disposal of a chem9 ical substance or mixture, or any combination of those ac10 tivities, that are not identified in a report issued by the 

11 Administrator under paragraph (1).’’; 

12 (2) in subsection (b)— 

13 (A) by striking ‘‘The Administrator shall 

14 coordinate’’ and inserting ‘‘(1) The Adminis15 trator shall coordinate’’; and 

16 (B) by adding at the end the following: 

17 ‘‘(2) In making a determination under paragraph (1) 

18 that it is in the public interest for the Administrator to 

19 take an action under this title with respect to a chemical 

20 substance or mixture rather than under another law admin21 istered in whole or in part by the Administrator, the Ad22 ministrator shall consider, based on information reasonably 

23 available to the Administrator, all relevant aspects of the 

24 risk described in paragraph (1) and a comparison of the 

25 estimated costs and efficiencies of the action to be taken 
81 

•HR 2576 EAH 

1 under this title and an action to be taken under such other 

2 law to protect against such risk.’’; and 

3 (3) by adding at the end the following: 

4 ‘‘(e) EXPOSURE INFORMATION.—In addition to the re5 quirements of subsection (a), if the Administrator obtains 

6 information related to exposures or releases of a chemical 

7 substance or mixture that may be prevented or reduced 

8 under another Federal law, including a law not adminis9 tered by the Administrator, the Administrator shall make 

10 such information available to the relevant Federal agency 

11 or office of the Environmental Protection Agency.’’. 

12 SEC. 10. EXPORTS. 

13 (a) IN GENERAL.—Section 12(a)(2) of the Toxic Sub14 stances Control Act (15 U.S.C. 2611(a)(2)) is amended by 

15 striking ‘‘will present’’ and inserting ‘‘presents’’. 

16 (b) PROHIBITION ON EXPORT OF CERTAIN MERCURY

17 COMPOUNDS.—Section 12(c) of the Toxic Substances Con18 trol Act (15 U.S.C. 2611(c)) is amended— 

19 (1) in the subsection heading, by inserting ‘‘AND

20 MERCURY COMPOUNDS’’ after ‘‘MERCURY’’; and 

21 (2) by adding at the end the following: 

22 ‘‘(7) PROHIBITION ON EXPORT OF CERTAIN MER23 CURY COMPOUNDS.— 
82 

•HR 2576 EAH 

1 ‘‘(A) IN GENERAL.—Effective January 1, 

2 2020, the export of the following mercury com3 pounds is prohibited: 

4 ‘‘(i) Mercury (I) chloride or calomel. 

5 ‘‘(ii) Mercury (II) oxide. 

6 ‘‘(iii) Mercury (II) sulfate. 

7 ‘‘(iv) Mercury (II) nitrate. 

8 ‘‘(v) Cinnabar or mercury sulphide. 

9 ‘‘(vi) Any mercury compound that the 

10 Administrator adds to the list published 

11 under subparagraph (B) by rule, on deter12 mining that exporting that mercury com13 pound for the purpose of regenerating ele14 mental mercury is technically feasible. 

15 ‘‘(B) PUBLICATION.—Not later than 90 

16 days after the date of enactment of the Frank R. 

17 Lautenberg Chemical Safety for the 21st Century 

18 Act, and as appropriate thereafter, the Adminis19 trator shall publish in the Federal Register a list 

20 of the mercury compounds that are prohibited 

21 from export under this paragraph. 

22 ‘‘(C) PETITION.—Any person may petition 

23 the Administrator to add a mercury compound 

24 to the list published under subparagraph (B). 
83 

•HR 2576 EAH 

1 ‘‘(D) ENVIRONMENTALLY SOUND DIS2 POSAL.—This paragraph does not prohibit the 

3 export of mercury compounds on the list pub4 lished under subparagraph (B) to member coun5 tries of the Organization for Economic Co-oper6 ation and Development for environmentally 

7 sound disposal, on the condition that no mercury 

8 or mercury compounds so exported are to be re9 covered, recycled, or reclaimed for use, or directly 

10 reused, after such export. 

11 ‘‘(E) REPORT.—Not later than 5 years after 

12 the date of enactment of the Frank R. Lauten13 berg Chemical Safety for the 21st Century Act, 

14 the Administrator shall evaluate any exports of 

15 mercury compounds on the list published under 

16 subparagraph (B) for disposal that occurred 

17 after such date of enactment and shall submit to 

18 Congress a report that— 

19 ‘‘(i) describes volumes and sources of 

20 mercury compounds on the list published 

21 under subparagraph (B) exported for dis22 posal; 

23 ‘‘(ii) identifies receiving countries of 

24 such exports; 
84 

•HR 2576 EAH 

1 ‘‘(iii) describes methods of disposal 

2 used after such export; 

3 ‘‘(iv) identifies issues, if any, presented 

4 by the export of mercury compounds on the 

5 list published under subparagraph (B); 

6 ‘‘(v) includes an evaluation of manage7 ment options in the United States for mer8 cury compounds on the list published under 

9 subparagraph (B), if any, that are commer10 cially available and comparable in cost and 

11 efficacy to methods being utilized in such 

12 receiving countries; and 

13 ‘‘(vi) makes a recommendation regard14 ing whether Congress should further limit or 

15 prohibit the export of mercury compounds 

16 on the list published under subparagraph 

17 (B) for disposal. 

18 ‘‘(F) EFFECT ON OTHER LAW.—Nothing in 

19 this paragraph shall be construed to affect the 

20 authority of the Administrator under the Solid 

21 Waste Disposal Act (42 U.S.C. 6901 et seq.).’’. 

22 (c) TEMPORARY GENERATOR ACCUMULATION.—Sec23 tion 5 of the Mercury Export Ban Act of 2008 (42 U.S.C. 

24 6939f) is amended— 
85 

•HR 2576 EAH 

1 (1) in subsection (a)(2), by striking ‘‘2013’’ and 

2 inserting ‘‘2019’’; 

3 (2) in subsection (b)— 

4 (A) in paragraph (1)— 

5 (i) by redesignating subparagraphs 

6 (A), (B), and (C), as clauses (i), (ii), and 

7 (iii), respectively and indenting appro8 priately; 

9 (ii) in the first sentence, by striking 

10 ‘‘After consultation’’ and inserting the fol11 lowing: 

12 ‘‘(A) ASSESSMENT AND COLLECTION.—After 

13 consultation’’; 

14 (iii) in the second sentence, by striking 

15 ‘‘The amount of such fees’’ and inserting the 

16 following: 

17 ‘‘(B) AMOUNT.—The amount of the fees de18 scribed in subparagraph (A)’’; 

19 (iv) in subparagraph (B) (as so des20 ignated)— 

21 (I) in clause (i) (as so redesig22 nated), by striking ‘‘publically avail23 able not later than October 1, 2012’’ 

24 and inserting ‘‘publicly available not 

25 later than October 1, 2018’’; 
86 

•HR 2576 EAH 

1 (II) in clause (ii) (as so redesig2 nated), by striking ‘‘and’’; 

3 (III) in clause (iii) (as so redesig4 nated), by striking the period at the 

5 end and inserting ‘‘, subject to clause 

6 (iv); and’’; and 

7 (IV) by adding at the end the fol8 lowing: 

9 ‘‘(iv) for generators temporarily accu10 mulating elemental mercury in a facility 

11 subject to subparagraphs (B) and (D)(iv) of 

12 subsection (g)(2) if the facility designated 

13 in subsection (a) is not operational by Jan14 uary 1, 2019, shall be adjusted to subtract 

15 the cost of the temporary accumulation dur16 ing the period in which the facility des17 ignated under subsection (a) is not oper18 ational.’’; and 

19 (v) by adding at the end the following: 

20 ‘‘(C) CONVEYANCE OF TITLE AND PERMIT21 TING.—If the facility designated in subsection 

22 (a) is not operational by January 1, 2020, the 

23 Secretary— 

24 ‘‘(i) shall immediately accept the con25 veyance of title to all elemental mercury 
87 

•HR 2576 EAH 

1 that has accumulated in facilities in accord2 ance with subsection (g)(2)(D), before Janu3 ary 1, 2020, and deliver the accumulated 

4 mercury to the facility designated under 

5 subsection (a) on the date on which the fa6 cility becomes operational; 

7 ‘‘(ii) shall pay any applicable Federal 

8 permitting costs, including the costs for per9 mits issued under section 3005(c) of the 

10 Solid Waste Disposal Act (42 U.S.C. 

11 6925(c)); and 

12 ‘‘(iii) shall store, or pay the cost of 

13 storage of, until the time at which a facility 

14 designated in subsection (a) is operational, 

15 accumulated mercury to which the Sec16 retary has title under this subparagraph in 

17 a facility that has been issued a permit 

18 under section 3005(c) of the Solid Waste 

19 Disposal Act (42 U.S.C. 6925(c)).’’; and 

20 (B) in paragraph (2), in the first sentence, 

21 by striking ‘‘paragraph (1)(C)’’ and inserting 

22 ‘‘paragraph (1)(B)(iii)’’; and 

23 (3) in subsection (g)(2)— 
88 

•HR 2576 EAH 

1 (A) in the undesignated material at the end, 

2 by striking ‘‘This subparagraph’’ and inserting 

3 the following: 

4 ‘‘(C) Subparagraph (B)’’; 

5 (B) in subparagraph (C) (as designated by 

6 subparagraph (A)), by inserting ‘‘of that sub7 paragraph’’ before the period at the end; and 

8 (C) by adding at the end the following: 

9 ‘‘(D) A generator producing elemental mer10 cury incidentally from the beneficiation or proc11 essing of ore or related pollution control activi12 ties may accumulate the mercury produced on13 site that is destined for a facility designated by 

14 the Secretary under subsection (a) for more than 

15 90 days without a permit issued under section 

16 3005(c) of the Solid Waste Disposal Act (42 

17 U.S.C. 6925(c)), and shall not be subject to the 

18 storage prohibition of section 3004(j) of that Act 

19 (42 U.S.C. 6924(j)), if— 

20 ‘‘(i) the Secretary is unable to accept 

21 the mercury at a facility designated by the 

22 Secretary under subsection (a) for reasons 

23 beyond the control of the generator; 

24 ‘‘(ii) the generator certifies in writing 

25 to the Secretary that the generator will ship 
89 

•HR 2576 EAH 

1 the mercury to a designated facility when 

2 the Secretary is able to accept the mercury; 

3 ‘‘(iii) the generator certifies in writing 

4 to the Secretary that the generator is stor5 ing only mercury the generator has pro6 duced or recovered onsite and will not sell, 

7 or otherwise place into commerce, the mer8 cury; and 

9 ‘‘(iv) the generator has obtained an 

10 identification number under section 262.12 

11 of title 40, Code of Federal Regulations, and 

12 complies with the requirements described in 

13 paragraphs (1) through (4) of section 

14 262.34(a) of title 40, Code of Federal Regu15 lations (as in effect on the date of enactment 

16 of this subparagraph). 

17 ‘‘(E) MANAGEMENT STANDARDS FOR TEM18 PORARY STORAGE.—Not later than January 1, 

19 2017, the Secretary, after consultation with the 

20 Administrator of the Environmental Protection 

21 Agency and State agencies in affected States, 

22 shall develop and make available guidance that 

23 establishes procedures and standards for the 

24 management and short-term storage of elemental 

25 mercury at a generator covered under subpara-
90 

•HR 2576 EAH 

1 graph (D), including requirements to ensure ap2 propriate use of flasks or other suitable con3 tainers. Such procedures and standards shall be 

4 protective of health and the environment and 

5 shall ensure that the elemental mercury is stored 

6 in a safe, secure, and effective manner. A gener7 ator may accumulate mercury in accordance 

8 with subparagraph (D) immediately upon enact9 ment of this subparagraph, and notwithstanding 

10 that guidance called for by this paragraph has 

11 not been developed or made available.’’. 

12 (d) INTERIM STATUS.—Section 5(d)(1) of the Mercury 

13 Export Ban Act of 2008 (42 U.S.C. 6939f(d)(1)) is amend14 ed— 

15 (1) in the fourth sentence, by striking ‘‘in exist16 ence on or before January 1, 2013,’’; and 

17 (2) in the last sentence, by striking ‘‘January 1, 

18 2015’’ and inserting ‘‘January 1, 2020’’. 

19 SEC. 11. CONFIDENTIAL INFORMATION. 

20 Section 14 of the Toxic Substances Control Act (15 

21 U.S.C. 2613) is amended to read as follows: 

22 ‘‘SEC. 14. CONFIDENTIAL INFORMATION. 

23 ‘‘(a) IN GENERAL.—Except as provided in this section, 

24 the Administrator shall not disclose information that is ex25 empt from disclosure pursuant to subsection (a) of section 
91 

•HR 2576 EAH 

1 552 of title 5, United States Code, by reason of subsection 

2 (b)(4) of that section— 

3 ‘‘(1) that is reported to, or otherwise obtained by, 

4 the Administrator under this Act; and 

5 ‘‘(2) for which the requirements of subsection (c) 

6 are met. 

7 In any proceeding under section 552(a) of title 5, United 

8 States Code, to obtain information the disclosure of which 

9 has been denied because of the provisions of this subsection, 

10 the Administrator may not rely on section 552(b)(3) of such 

11 title to sustain the Administrator’s action. 

12 ‘‘(b) INFORMATION NOT PROTECTED FROM DISCLO13 SURE.— 

14 ‘‘(1) MIXED CONFIDENTIAL AND NONCONFIDEN15 TIAL INFORMATION.—Information that is protected 

16 from disclosure under this section, and which is 

17 mixed with information that is not protected from 

18 disclosure under this section, does not lose its protec19 tion from disclosure notwithstanding that it is mixed 

20 with information that is not protected from disclo21 sure. 

22 ‘‘(2) INFORMATION FROM HEALTH AND SAFETY

23 STUDIES.—Subsection (a) does not prohibit the disclo24 sure of— 
92 

•HR 2576 EAH 

1 ‘‘(A) any health and safety study which is 

2 submitted under this Act with respect to— 

3 ‘‘(i) any chemical substance or mixture 

4 which, on the date on which such study is 

5 to be disclosed has been offered for commer6 cial distribution; or 

7 ‘‘(ii) any chemical substance or mix8 ture for which testing is required under sec9 tion 4 or for which notification is required 

10 under section 5; and 

11 ‘‘(B) any information reported to, or other12 wise obtained by, the Administrator from a 

13 health and safety study which relates to a chem14 ical substance or mixture described in clause (i) 

15 or (ii) of subparagraph (A). 

16 This paragraph does not authorize the disclosure of 

17 any information, including formulas (including mo18 lecular structures) of a chemical substance or mixture, 

19 that discloses processes used in the manufacturing or 

20 processing of a chemical substance or mixture or, in 

21 the case of a mixture, the portion of the mixture com22 prised by any of the chemical substances in the mix23 ture. 
93 

•HR 2576 EAH 

1 ‘‘(3) OTHER INFORMATION NOT PROTECTED

2 FROM DISCLOSURE.—Subsection (a) does not prohibit 

3 the disclosure of— 

4 ‘‘(A) any general information describing the 

5 manufacturing volumes, expressed as specific ag6 gregated volumes or, if the Administrator deter7 mines that disclosure of specific aggregated vol8 umes would reveal confidential information, ex9 pressed in ranges; or 

10 ‘‘(B) a general description of a process used 

11 in the manufacture or processing and industrial, 

12 commercial, or consumer functions and uses of a 

13 chemical substance, mixture, or article con14 taining a chemical substance or mixture, includ15 ing information specific to an industry or indus16 try sector that customarily would be shared with 

17 the general public or within an industry or in18 dustry sector. 

19 ‘‘(4) BANS AND PHASE-OUTS.— 

20 ‘‘(A) IN GENERAL.—If the Administrator 

21 promulgates a rule pursuant to section 6(a) that 

22 establishes a ban or phase-out of a chemical sub23 stance or mixture, the protection from disclosure 

24 of any information under this section with re25 spect to the chemical substance or mixture shall 
94 

•HR 2576 EAH 

1 be presumed to no longer apply, subject to sub2 section (g)(1)(E) and subparagraphs (B) and (C) 

3 of this paragraph. 

4 ‘‘(B) LIMITATIONS.— 

5 ‘‘(i) CRITICAL USE.—In the case of a 

6 chemical substance or mixture for which a 

7 specific condition of use is subject to an ex8 emption pursuant to section 6(g), if the Ad9 ministrator establishes a ban or phase-out 

10 described in subparagraph (A) with respect 

11 to the chemical substance or mixture, the 

12 presumption against protection under such 

13 subparagraph shall only apply to informa14 tion that relates solely to any conditions of 

15 use of the chemical substance or mixture to 

16 which the exemption does not apply. 

17 ‘‘(ii) EXPORT.—In the case of a chem18 ical substance or mixture for which there is 

19 manufacture, processing, or distribution in 

20 commerce that meets the conditions of sec21 tion 12(a)(1), if the Administrator estab22 lishes a ban or phase-out described in sub23 paragraph (A) with respect to the chemical 

24 substance or mixture, the presumption 

25 against protection under such subparagraph 
95 

•HR 2576 EAH 

1 shall only apply to information that relates 

2 solely to any other manufacture, processing, 

3 or distribution in commerce of the chemical 

4 substance or mixture for the conditions of 

5 use subject to the ban or phase-out, unless 

6 the Administrator makes the determination 

7 in section 12(a)(2). 

8 ‘‘(iii) SPECIFIC CONDITIONS OF USE.— 

9 In the case of a chemical substance or mix10 ture for which the Administrator establishes 

11 a ban or phase-out described in subpara12 graph (A) with respect to a specific condi13 tion of use of the chemical substance or mix14 ture, the presumption against protection 

15 under such subparagraph shall only apply 

16 to information that relates solely to the con17 dition of use of the chemical substance or 

18 mixture for which the ban or phase-out is 

19 established. 

20 ‘‘(C) REQUEST FOR NONDISCLOSURE.— 

21 ‘‘(i) IN GENERAL.—A manufacturer or 

22 processor of a chemical substance or mixture 

23 subject to a ban or phase-out described in 

24 this paragraph may submit to the Adminis25 trator, within 30 days of receiving a notifi-
96 

•HR 2576 EAH 

1 cation under subsection (g)(2)(A), a request, 

2 including documentation supporting such 

3 request, that some or all of the information 

4 to which the notice applies should not be 

5 disclosed or that its disclosure should be de6 layed, and the Administrator shall review 

7 the request under subsection (g)(1)(E). 

8 ‘‘(ii) EFFECT OF NO REQUEST OR DE9 NIAL.—If no request for nondisclosure or 

10 delay is submitted to the Administrator 

11 under this subparagraph, or the Adminis12 trator denies such a request under sub13 section (g)(1)(A), the information shall not 

14 be protected from disclosure under this sec15 tion. 

16 ‘‘(5) CERTAIN REQUESTS.—If a request is made 

17 to the Administrator under section 552(a) of title 5, 

18 United States Code, for information reported to or 

19 otherwise obtained by the Administrator under this 

20 Act that is not protected from disclosure under this 

21 subsection, the Administrator may not deny the re22 quest on the basis of section 552(b)(4) of title 5, 

23 United States Code. 

24 ‘‘(c) REQUIREMENTS FOR CONFIDENTIALITY

25 CLAIMS.— 
97 

•HR 2576 EAH 

1 ‘‘(1) ASSERTION OF CLAIMS.— 

2 ‘‘(A) IN GENERAL.—A person seeking to 

3 protect from disclosure any information that 

4 person submits under this Act (including infor5 mation described in paragraph (2)) shall assert 

6 to the Administrator a claim for protection from 

7 disclosure concurrent with submission of the in8 formation, in accordance with such rules regard9 ing a claim for protection from disclosure as the 

10 Administrator has promulgated or may promul11 gate pursuant to this title. 

12 ‘‘(B) INCLUSION.—An assertion of a claim 

13 under subparagraph (A) shall include a state14 ment that the person has— 

15 ‘‘(i) taken reasonable measures to pro16 tect the confidentiality of the information; 

17 ‘‘(ii) determined that the information 

18 is not required to be disclosed or otherwise 

19 made available to the public under any 

20 other Federal law; 

21 ‘‘(iii) a reasonable basis to conclude 

22 that disclosure of the information is likely 

23 to cause substantial harm to the competitive 

24 position of the person; and 
98 

•HR 2576 EAH 

1 ‘‘(iv) a reasonable basis to believe that 

2 the information is not readily discoverable 

3 through reverse engineering. 

4 ‘‘(C) ADDITIONAL REQUIREMENTS FOR

5 CLAIMS REGARDING CHEMICAL IDENTITY INFOR6 MATION.—In the case of a claim under subpara7 graph (A) for protection from disclosure of a spe8 cific chemical identity, the claim shall include a 

9 structurally descriptive generic name for the 

10 chemical substance that the Administrator may 

11 disclose to the public, subject to the condition 

12 that such generic name shall— 

13 ‘‘(i) be consistent with guidance devel14 oped by the Administrator under paragraph 

15 (4)(A); and 

16 ‘‘(ii) describe the chemical structure of 

17 the chemical substance as specifically as 

18 practicable while protecting those features of 

19 the chemical structure— 

20 ‘‘(I) that are claimed as confiden21 tial; and 

22 ‘‘(II) the disclosure of which 

23 would be likely to cause substantial 

24 harm to the competitive position of the 

25 person. 
99 

•HR 2576 EAH 

1 ‘‘(2) INFORMATION GENERALLY NOT SUBJECT TO

2 SUBSTANTIATION REQUIREMENTS.—Subject to sub3 section (f), the following information shall not be sub4 ject to substantiation requirements under paragraph 

5 (3): 

6 ‘‘(A) Specific information describing the 

7 processes used in manufacture or processing of a 

8 chemical substance, mixture, or article. 

9 ‘‘(B) Marketing and sales information. 

10 ‘‘(C) Information identifying a supplier or 

11 customer. 

12 ‘‘(D) In the case of a mixture, details of the 

13 full composition of the mixture and the respec14 tive percentages of constituents. 

15 ‘‘(E) Specific information regarding the 

16 use, function, or application of a chemical sub17 stance or mixture in a process, mixture, or arti18 cle. 

19 ‘‘(F) Specific production or import volumes 

20 of the manufacturer or processor. 

21 ‘‘(G) Prior to the date on which a chemical 

22 substance is first offered for commercial distribu23 tion, the specific chemical identity of the chem24 ical substance, including the chemical name, mo25 lecular formula, Chemical Abstracts Service 
100 

•HR 2576 EAH 

1 number, and other information that would iden2 tify the specific chemical substance, if the specific 

3 chemical identity was claimed as confidential at 

4 the time it was submitted in a notice under sec5 tion 5. 

6 ‘‘(3) SUBSTANTIATION REQUIREMENTS.—Except 

7 as provided in paragraph (2), a person asserting a 

8 claim to protect information from disclosure under 

9 this section shall substantiate the claim, in accord10 ance with such rules as the Administrator has pro11 mulgated or may promulgate pursuant to this section. 

12 ‘‘(4) GUIDANCE.—The Administrator shall de13 velop guidance regarding— 

14 ‘‘(A) the determination of structurally de15 scriptive generic names, in the case of claims for 

16 the protection from disclosure of specific chem17 ical identity; and 

18 ‘‘(B) the content and form of the statements 

19 of need and agreements required under para20 graphs (4), (5), and (6) of subsection (d). 

21 ‘‘(5) CERTIFICATION.—An authorized official of 

22 a person described in paragraph (1)(A) shall certify 

23 that the statement required to assert a claim sub24 mitted pursuant to paragraph (1)(B), and any infor-
101 

•HR 2576 EAH 

1 mation required to substantiate a claim submitted 

2 pursuant to paragraph (3), are true and correct. 

3 ‘‘(d) EXCEPTIONS TO PROTECTION FROM DISCLO4 SURE.—Information described in subsection (a)— 

5 ‘‘(1) shall be disclosed to an officer or employee 

6 of the United States— 

7 ‘‘(A) in connection with the official duties 

8 of that person under any Federal law for the 

9 protection of health or the environment; or 

10 ‘‘(B) for a specific Federal law enforcement 

11 purpose; 

12 ‘‘(2) shall be disclosed to a contractor of the 

13 United States and employees of that contractor— 

14 ‘‘(A) if, in the opinion of the Administrator, 

15 the disclosure is necessary for the satisfactory 

16 performance by the contractor of a contract with 

17 the United States for the performance of work in 

18 connection with this Act; and 

19 ‘‘(B) subject to such conditions as the Ad20 ministrator may specify; 

21 ‘‘(3) shall be disclosed if the Administrator deter22 mines that disclosure is necessary to protect health or 

23 the environment against an unreasonable risk of in24 jury to health or the environment, without consider25 ation of costs or other nonrisk factors, including an 
102 

•HR 2576 EAH 

1 unreasonable risk to a potentially exposed or suscep2 tible subpopulation identified as relevant by the Ad3 ministrator under the conditions of use; 

4 ‘‘(4) shall be disclosed to a State, political sub5 division of a State, or tribal government, on written 

6 request, for the purpose of administration or enforce7 ment of a law, if such entity has 1 or more applicable 

8 agreements with the Administrator that are consistent 

9 with the guidance developed under subsection 

10 (c)(4)(B) and ensure that the entity will take appro11 priate measures, and has adequate authority, to 

12 maintain the confidentiality of the information in ac13 cordance with procedures comparable to the proce14 dures used by the Administrator to safeguard the in15 formation; 

16 ‘‘(5) shall be disclosed to a health or environ17 mental professional employed by a Federal or State 

18 agency or tribal government or a treating physician 

19 or nurse in a nonemergency situation if such person 

20 provides a written statement of need and agrees to 

21 sign a written confidentiality agreement with the Ad22 ministrator, subject to the conditions that— 

23 ‘‘(A) the statement of need and confiden24 tiality agreement are consistent with the guid25 ance developed under subsection (c)(4)(B); 
103 

•HR 2576 EAH 

1 ‘‘(B) the statement of need shall be a state2 ment that the person has a reasonable basis to 

3 suspect that— 

4 ‘‘(i) the information is necessary for, 

5 or will assist in— 

6 ‘‘(I) the diagnosis or treatment of 

7 1 or more individuals; or 

8 ‘‘(II) responding to an environ9 mental release or exposure; and 

10 ‘‘(ii) 1 or more individuals being diag11 nosed or treated have been exposed to the 

12 chemical substance or mixture concerned, or 

13 an environmental release of or exposure to 

14 the chemical substance or mixture concerned 

15 has occurred; and 

16 ‘‘(C) the person will not use the information 

17 for any purpose other than the health or environ18 mental needs asserted in the statement of need, 

19 except as otherwise may be authorized by the 

20 terms of the agreement or by the person who has 

21 a claim under this section with respect to the in22 formation; 

23 ‘‘(6) shall be disclosed in the event of an emer24 gency to a treating or responding physician, nurse, 

25 agent of a poison control center, public health or envi-
104 

•HR 2576 EAH 

1 ronmental official of a State, political subdivision of 

2 a State, or tribal government, or first responder (in3 cluding any individual duly authorized by a Federal 

4 agency, State, political subdivision of a State, or trib5 al government who is trained in urgent medical care 

6 or other emergency procedures, including a police offi7 cer, firefighter, or emergency medical technician) if 

8 such person requests the information, subject to the 

9 conditions that such person shall— 

10 ‘‘(A) have a reasonable basis to suspect 

11 that— 

12 ‘‘(i) a medical, public health, or envi13 ronmental emergency exists; 

14 ‘‘(ii) the information is necessary for, 

15 or will assist in, emergency or first-aid di16 agnosis or treatment; or 

17 ‘‘(iii) 1 or more individuals being di18 agnosed or treated have likely been exposed 

19 to the chemical substance or mixture con20 cerned, or a serious environmental release of 

21 or exposure to the chemical substance or 

22 mixture concerned has occurred; and 

23 ‘‘(B) if requested by a person who has a 

24 claim with respect to the information under this 

25 section— 
105 

•HR 2576 EAH 

1 ‘‘(i) provide a written statement of 

2 need and agree to sign a confidentiality 

3 agreement, as described in paragraph (5); 

4 and 

5 ‘‘(ii) submit to the Administrator such 

6 statement of need and confidentiality agree7 ment as soon as practicable, but not nec8 essarily before the information is disclosed; 

9 ‘‘(7) may be disclosed if the Administrator deter10 mines that disclosure is relevant in a proceeding 

11 under this Act, subject to the condition that the disclo12 sure is made in such a manner as to preserve con13 fidentiality to the extent practicable without impair14 ing the proceeding; 

15 ‘‘(8) shall be disclosed if the information is re16 quired to be made public under any other provision 

17 of Federal law; and 

18 ‘‘(9) shall be disclosed as required pursuant to 

19 discovery, subpoena, other court order, or any other 

20 judicial process otherwise allowed under applicable 

21 Federal or State law. 

22 ‘‘(e) DURATION OF PROTECTION FROM DISCLO23 SURE.— 

24 ‘‘(1) IN GENERAL.—Subject to paragraph (2), 

25 subsection (f)(3), and section 8(b), the Administrator 
106 

•HR 2576 EAH 

1 shall protect from disclosure information described in 

2 subsection (a)— 

3 ‘‘(A) in the case of information described in 

4 subsection (c)(2), until such time as— 

5 ‘‘(i) the person that asserted the claim 

6 notifies the Administrator that the person is 

7 withdrawing the claim, in which case the 

8 information shall not be protected from dis9 closure under this section; or 

10 ‘‘(ii) the Administrator becomes aware 

11 that the information does not qualify for 

12 protection from disclosure under this sec13 tion, in which case the Administrator shall 

14 take any actions required under subsections 

15 (f) and (g); and 

16 ‘‘(B) in the case of information other than 

17 information described in subsection (c)(2)— 

18 ‘‘(i) for a period of 10 years from the 

19 date on which the person asserts the claim 

20 with respect to the information submitted to 

21 the Administrator; or 

22 ‘‘(ii) if applicable before the expiration 

23 of such 10-year period, until such time as— 

24 ‘‘(I) the person that asserted the 

25 claim notifies the Administrator that 
107 

•HR 2576 EAH 

1 the person is withdrawing the claim, 

2 in which case the information shall not 

3 be protected from disclosure under this 

4 section; or 

5 ‘‘(II) the Administrator becomes 

6 aware that the information does not 

7 qualify for protection from disclosure 

8 under this section, in which case the 

9 Administrator shall take any actions 

10 required under subsections (f) and (g). 

11 ‘‘(2) EXTENSIONS.— 

12 ‘‘(A) IN GENERAL.—In the case of informa13 tion other than information described in sub14 section (c)(2), not later than the date that is 60 

15 days before the expiration of the period described 

16 in paragraph (1)(B)(i), the Administrator shall 

17 provide to the person that asserted the claim a 

18 notice of the impending expiration of the period. 

19 ‘‘(B) REQUEST.— 

20 ‘‘(i) IN GENERAL.—Not later than the 

21 date that is 30 days before the expiration of 

22 the period described in paragraph (1)(B)(i), 

23 a person reasserting the relevant claim shall 

24 submit to the Administrator a request for 

25 extension substantiating, in accordance 
108 

•HR 2576 EAH 

1 with subsection (c)(3), the need to extend the 

2 period. 

3 ‘‘(ii) ACTION BY ADMINISTRATOR.—Not 

4 later than the date of expiration of the pe5 riod described in paragraph (1)(B)(i), the 

6 Administrator shall, in accordance with 

7 subsection (g)(1)— 

8 ‘‘(I) review the request submitted 

9 under clause (i); 

10 ‘‘(II) make a determination re11 garding whether the claim for which 

12 the request was submitted continues to 

13 meet the relevant requirements of this 

14 section; and 

15 ‘‘(III)(aa) grant an extension of 

16 10 years; or 

17 ‘‘(bb) deny the request. 

18 ‘‘(C) NO LIMIT ON NUMBER OF EXTEN19 SIONS.—There shall be no limit on the number 

20 of extensions granted under this paragraph, if 

21 the Administrator determines that the relevant 

22 request under subparagraph (B)(i)— 

23 ‘‘(i) establishes the need to extend the 

24 period; and 
109 

•HR 2576 EAH 

1 ‘‘(ii) meets the requirements established 

2 by the Administrator. 

3 ‘‘(f) REVIEW AND RESUBSTANTIATION.— 

4 ‘‘(1) DISCRETION OF ADMINISTRATOR.—The Ad5 ministrator may require any person that has claimed 

6 protection for information from disclosure under this 

7 section, whether before, on, or after the date of enact8 ment of the Frank R. Lautenberg Chemical Safety for 

9 the 21st Century Act, to reassert and substantiate or 

10 resubstantiate the claim in accordance with this sec11 tion— 

12 ‘‘(A) after the chemical substance is des13 ignated as a high-priority substance under sec14 tion 6(b); 

15 ‘‘(B) for any chemical substance designated 

16 as an active substance under section 

17 8(b)(5)(B)(iii); or 

18 ‘‘(C) if the Administrator determines that 

19 disclosure of certain information currently pro20 tected from disclosure would be important to as21 sist the Administrator in conducting risk evalua22 tions or promulgating rules under section 6. 

23 ‘‘(2) REVIEW REQUIRED.—The Administrator 

24 shall review a claim for protection of information 

25 from disclosure under this section and require any 
110 

•HR 2576 EAH 

1 person that has claimed protection for that informa2 tion, whether before, on, or after the date of enactment 

3 of the Frank R. Lautenberg Chemical Safety for the 

4 21st Century Act, to reassert and substantiate or re5 substantiate the claim in accordance with this sec6 tion— 

7 ‘‘(A) as necessary to determine whether the 

8 information qualifies for an exemption from dis9 closure in connection with a request for informa10 tion received by the Administrator under section 

11 552 of title 5, United States Code; 

12 ‘‘(B) if the Administrator has a reasonable 

13 basis to believe that the information does not 

14 qualify for protection from disclosure under this 

15 section; or 

16 ‘‘(C) for any chemical substance the Admin17 istrator determines under section 6(b)(4)(A) pre18 sents an unreasonable risk of injury to health or 

19 the environment. 

20 ‘‘(3) PERIOD OF PROTECTION.—If the Adminis21 trator requires a person to reassert and substantiate 

22 or resubstantiate a claim under this subsection, and 

23 determines that the claim continues to meet the rel24 evant requirements of this section, the Administrator 

25 shall protect the information subject to the claim from 
111 

•HR 2576 EAH 

1 disclosure for a period of 10 years from the date of 

2 such determination, subject to any subsequent require3 ment by the Administrator under this subsection. 

4 ‘‘(g) DUTIES OF ADMINISTRATOR.— 

5 ‘‘(1) DETERMINATION.— 

6 ‘‘(A) IN GENERAL.—Except for claims re7 garding information described in subsection 

8 (c)(2), the Administrator shall, subject to sub9 paragraph (C), not later than 90 days after the 

10 receipt of a claim under subsection (c), and not 

11 later than 30 days after the receipt of a request 

12 for extension of a claim under subsection (e) or 

13 a request under subsection (b)(4)(C), review and 

14 approve, approve in part and deny in part, or 

15 deny the claim or request. 

16 ‘‘(B) REASONS FOR DENIAL.—If the Admin17 istrator denies or denies in part a claim or re18 quest under subparagraph (A) the Administrator 

19 shall provide to the person that asserted the 

20 claim or submitted the request a written state21 ment of the reasons for the denial or denial in 

22 part of the claim or request. 

23 ‘‘(C) SUBSETS.—The Administrator shall— 

24 ‘‘(i) except with respect to information 

25 described in subsection (c)(2)(G), review all 
112 

•HR 2576 EAH 

1 claims or requests under this section for the 

2 protection from disclosure of the specific 

3 chemical identity of a chemical substance; 

4 and 

5 ‘‘(ii) review a representative subset, 

6 comprising at least 25 percent, of all other 

7 claims or requests for protection from dis8 closure under this section. 

9 ‘‘(D) EFFECT OF FAILURE TO ACT.—The 

10 failure of the Administrator to make a decision 

11 regarding a claim or request for protection from 

12 disclosure or extension under this section shall 

13 not have the effect of denying or eliminating a 

14 claim or request for protection from disclosure. 

15 ‘‘(E) DETERMINATION OF REQUESTS UNDER

16 SUBSECTION (b)(4)(C).—With respect to a request 

17 submitted under subsection (b)(4)(C), the Admin18 istrator shall, with the objective of ensuring that 

19 information relevant to the protection of health 

20 and the environment is disclosed to the extent 

21 practicable, determine whether the documenta22 tion provided by the person rebuts what shall be 

23 the presumption of the Administrator that the 

24 public interest in the disclosure of the informa25 tion outweighs the public or proprietary interest 
113 

•HR 2576 EAH 

1 in maintaining the protection for all or a por2 tion of the information that the person has re3 quested not be disclosed or for which disclosure 

4 be delayed. 

5 ‘‘(2) NOTIFICATION.— 

6 ‘‘(A) IN GENERAL.—Except as provided in 

7 subparagraph (B) and subsections (b), (d), and 

8 (e), if the Administrator denies or denies in part 

9 a claim or request under paragraph (1), con10 cludes, in accordance with this section, that the 

11 information does not qualify for protection from 

12 disclosure, intends to disclose information pursu13 ant to subsection (d), or promulgates a rule 

14 under section 6(a) establishing a ban or phase15 out with respect to a chemical substance or mix16 ture, the Administrator shall notify, in writing, 

17 the person that asserted the claim or submitted 

18 the request of the intent of the Administrator to 

19 disclose the information or not protect the infor20 mation from disclosure under this section. The 

21 notice shall be furnished by certified mail (re22 turn receipt requested), by personal delivery, or 

23 by other means that allows verification of the 

24 fact and date of receipt. 
114 

•HR 2576 EAH 

1 ‘‘(B) DISCLOSURE OF INFORMATION.—Ex2 cept as provided in subparagraph (C), the Ad3 ministrator shall not disclose information under 

4 this subsection until the date that is 30 days 

5 after the date on which the person that asserted 

6 the claim or submitted the request receives notifi7 cation under subparagraph (A). 

8 ‘‘(C) EXCEPTIONS.— 

9 ‘‘(i) FIFTEEN DAY NOTIFICATION.—For 

10 information the Administrator intends to 

11 disclose under subsections (d)(3), (d)(4), 

12 (d)(5), and (j), the Administrator shall not 

13 disclose the information until the date that 

14 is 15 days after the date on which the per15 son that asserted the claim or submitted the 

16 request receives notification under subpara17 graph (A), except that, with respect to infor18 mation to be disclosed under subsection 

19 (d)(3), if the Administrator determines that 

20 disclosure of the information is necessary to 

21 protect against an imminent and substan22 tial harm to health or the environment, no 

23 prior notification shall be necessary. 

24 ‘‘(ii) NOTIFICATION AS SOON AS PRAC25 TICABLE.—For information the Adminis-
115 

•HR 2576 EAH 

1 trator intends to disclose under paragraph 

2 (6) of subsection (d), the Administrator 

3 shall notify the person that submitted the 

4 information that the information has been 

5 disclosed as soon as practicable after disclo6 sure of the information. 

7 ‘‘(iii) NO NOTIFICATION REQUIRED.— 

8 Notification shall not be required— 

9 ‘‘(I) for the disclosure of informa10 tion under paragraphs (1), (2), (7), or 

11 (8) of subsection (d); or 

12 ‘‘(II) for the disclosure of informa13 tion for which— 

14 ‘‘(aa) the Administrator has 

15 provided to the person that as16 serted the claim a notice under 

17 subsection (e)(2)(A); and 

18 ‘‘(bb) such person does not 

19 submit to the Administrator a re20 quest under subsection (e)(2)(B) 

21 on or before the deadline estab22 lished in subsection (e)(2)(B)(i). 

23 ‘‘(D) APPEALS.— 

24 ‘‘(i) ACTION TO RESTRAIN DISCLO25 SURE.—If a person receives a notification 
116 

•HR 2576 EAH 

1 under this paragraph and believes the infor2 mation is protected from disclosure under 

3 this section, before the date on which the in4 formation is to be disclosed pursuant to sub5 paragraph (B) or (C) the person may bring 

6 an action to restrain disclosure of the infor7 mation in— 

8 ‘‘(I) the United States district 

9 court of the district in which the com10 plainant resides or has the principal 

11 place of business; or 

12 ‘‘(II) the United States District 

13 Court for the District of Columbia. 

14 ‘‘(ii) NO DISCLOSURE.— 

15 ‘‘(I) IN GENERAL.—Subject to 

16 subsection (d), the Administrator shall 

17 not disclose information that is the 

18 subject of an appeal under this para19 graph before the date on which the ap20 plicable court rules on an action under 

21 clause (i). 

22 ‘‘(II) EXCEPTION.—Subclause (I) 

23 shall not apply to disclosure of infor24 mation described under subsections 

25 (d)(4) and (j). 
117 

•HR 2576 EAH 

1 ‘‘(3) REQUEST AND NOTIFICATION SYSTEM.—The 

2 Administrator, in consultation with the Director of 

3 the Centers for Disease Control and Prevention, shall 

4 develop a request and notification system that, in a 

5 format and language that is readily accessible and 

6 understandable, allows for expedient and swift access 

7 to information disclosed pursuant to paragraphs (5) 

8 and (6) of subsection (d). 

9 ‘‘(4) UNIQUE IDENTIFIER.—The Administrator 

10 shall— 

11 ‘‘(A)(i) develop a system to assign a unique 

12 identifier to each specific chemical identity for 

13 which the Administrator approves a request for 

14 protection from disclosure, which shall not be ei15 ther the specific chemical identity or a struc16 turally descriptive generic term; and 

17 ‘‘(ii) apply that identifier consistently to all 

18 information relevant to the applicable chemical 

19 substance; 

20 ‘‘(B) annually publish and update a list of 

21 chemical substances, referred to by their unique 

22 identifiers, for which claims to protect the spe23 cific chemical identity from disclosure have been 

24 approved, including the expiration date for each 

25 such claim; 
118 

•HR 2576 EAH 

1 ‘‘(C) ensure that any nonconfidential infor2 mation received by the Administrator with re3 spect to a chemical substance included on the list 

4 published under subparagraph (B) while the spe5 cific chemical identity of the chemical substance 

6 is protected from disclosure under this section 

7 identifies the chemical substance using the 

8 unique identifier; and 

9 ‘‘(D) for each claim for protection of a spe10 cific chemical identity that has been denied by 

11 the Administrator or expired, or that has been 

12 withdrawn by the person who asserted the claim, 

13 and for which the Administrator has used a 

14 unique identifier assigned under this paragraph 

15 to protect the specific chemical identity in infor16 mation that the Administrator has made public, 

17 clearly link the specific chemical identity to the 

18 unique identifier in such information to the ex19 tent practicable. 

20 ‘‘(h) CRIMINAL PENALTY FOR WRONGFUL DISCLO21 SURE.— 

22 ‘‘(1) INDIVIDUALS SUBJECT TO PENALTY.— 

23 ‘‘(A) IN GENERAL.—Subject to subpara24 graph (C) and paragraph (2), an individual de25 scribed in subparagraph (B) shall be fined under 
119 

•HR 2576 EAH 

1 title 18, United States Code, or imprisoned for 

2 not more than 1 year, or both. 

3 ‘‘(B) DESCRIPTION.—An individual referred 

4 to in subparagraph (A) is an individual who— 

5 ‘‘(i) pursuant to this section, obtained 

6 possession of, or has access to, information 

7 protected from disclosure under this section; 

8 and 

9 ‘‘(ii) knowing that the information is 

10 protected from disclosure under this section, 

11 willfully discloses the information in any 

12 manner to any person not entitled to receive 

13 that information. 

14 ‘‘(C) EXCEPTION.—This paragraph shall 

15 not apply to any medical professional (including 

16 an emergency medical technician or other first 

17 responder) who discloses any information ob18 tained under paragraph (5) or (6) of subsection 

19 (d) to a patient treated by the medical profes20 sional, or to a person authorized to make med21 ical or health care decisions on behalf of such a 

22 patient, as needed for the diagnosis or treatment 

23 of the patient. 

24 ‘‘(2) OTHER LAWS.—Section 1905 of title 18, 

25 United States Code, shall not apply with respect to 
120 

•HR 2576 EAH 

1 the publishing, divulging, disclosure, or making 

2 known of, or making available, information reported 

3 to or otherwise obtained by the Administrator under 

4 this Act. 

5 ‘‘(i) APPLICABILITY.— 

6 ‘‘(1) IN GENERAL.—Except as otherwise provided 

7 in this section, section 8, or any other applicable Fed8 eral law, the Administrator shall have no authority— 

9 ‘‘(A) to require the substantiation or re10 substantiation of a claim for the protection from 

11 disclosure of information reported to or otherwise 

12 obtained by the Administrator under this Act 

13 prior to the date of enactment of the Frank R. 

14 Lautenberg Chemical Safety for the 21st Century 

15 Act; or 

16 ‘‘(B) to impose substantiation or resubstan17 tiation requirements, with respect to the protec18 tion of information described in subsection (a), 

19 under this Act that are more extensive than those 

20 required under this section. 

21 ‘‘(2) ACTIONS PRIOR TO PROMULGATION OF

22 RULES.—Nothing in this Act prevents the Adminis23 trator from reviewing, requiring substantiation or re24 substantiation of, or approving, approving in part, or 

25 denying any claim for the protection from disclosure 
121 

•HR 2576 EAH 

1 of information before the effective date of such rules 

2 applicable to those claims as the Administrator may 

3 promulgate after the date of enactment of the Frank 

4 R. Lautenberg Chemical Safety for the 21st Century 

5 Act. 

6 ‘‘(j) ACCESS BY CONGRESS.—Notwithstanding any 

7 limitation contained in this section or any other provision 

8 of law, all information reported to or otherwise obtained 

9 by the Administrator (or any representative of the Adminis10 trator) under this Act shall be made available, upon written 

11 request of any duly authorized committee of the Congress, 

12 to such committee.’’. 

13 SEC. 12. PENALTIES. 

14 Section 16 of the Toxic Substances Control Act (15 

15 U.S.C. 2615) is amended— 

16 (1) in subsection (a)(1), by striking ‘‘$25,000’’ 

17 and inserting ‘‘$37,500’’; and 

18 (2) in subsection (b)— 

19 (A) by striking ‘‘Any person’’ and inserting 

20 the following: 

21 ‘‘(1) IN GENERAL.—Any person’’; 

22 (B) by striking ‘‘$25,000’’ and inserting 

23 ‘‘$50,000’’; and 

24 (C) by adding at the end the following: 
122 

•HR 2576 EAH 

1 ‘‘(2) IMMINENT DANGER OF DEATH OR SERIOUS

2 BODILY INJURY.— 

3 ‘‘(A) IN GENERAL.—Any person who know4 ingly and willfully violates any provision of sec5 tion 15 or 409, and who knows at the time of the 

6 violation that the violation places an individual 

7 in imminent danger of death or serious bodily 

8 injury, shall be subject on conviction to a fine of 

9 not more than $250,000, or imprisonment for 

10 not more than 15 years, or both. 

11 ‘‘(B) ORGANIZATIONS.—Notwithstanding 

12 the penalties described in subparagraph (A), an 

13 organization that commits a knowing violation 

14 described in subparagraph (A) shall be subject on 

15 conviction to a fine of not more than $1,000,000 

16 for each violation. 

17 ‘‘(C) INCORPORATION OF CORRESPONDING

18 PROVISIONS.—Subparagraphs (B) through (F) of 

19 section 113(c)(5) of the Clean Air Act (42 U.S.C. 

20 7413(c)(5)(B)–(F)) shall apply to the prosecu21 tion of a violation under this paragraph.’’. 

22 SEC. 13. STATE-FEDERAL RELATIONSHIP. 

23 Section 18 of the Toxic Substances Control Act (15 

24 U.S.C. 2617) is amended— 
123 

•HR 2576 EAH 

1 (1) by amending subsection (a) to read as fol2 lows: 

3 ‘‘(a) IN GENERAL.— 

4 ‘‘(1) ESTABLISHMENT OR ENFORCEMENT.—Ex5 cept as otherwise provided in subsections (c), (d), (e), 

6 (f), and (g), and subject to paragraph (2), no State 

7 or political subdivision of a State may establish or 

8 continue to enforce any of the following: 

9 ‘‘(A) DEVELOPMENT OF INFORMATION.—A 

10 statute or administrative action to require the 

11 development of information about a chemical 

12 substance or category of chemical substances that 

13 is reasonably likely to produce the same informa14 tion required under section 4, 5, or 6 in— 

15 ‘‘(i) a rule promulgated by the Admin16 istrator; 

17 ‘‘(ii) a consent agreement entered into 

18 by the Administrator; or 

19 ‘‘(iii) an order issued by the Adminis20 trator. 

21 ‘‘(B) CHEMICAL SUBSTANCES FOUND NOT

22 TO PRESENT AN UNREASONABLE RISK OR RE23 STRICTED.—A statute, criminal penalty, or ad24 ministrative action to prohibit or otherwise re25 strict the manufacture, processing, or distribu-
124 

•HR 2576 EAH 

1 tion in commerce or use of a chemical sub2 stance— 

3 ‘‘(i) for which the determination de4 scribed in section 6(i)(1) is made, consistent 

5 with the scope of the risk evaluation under 

6 section (6)(b)(4)(D); or 

7 ‘‘(ii) for which a final rule is promul8 gated under section 6(a), after the effective 

9 date of the rule issued under section 6(a) for 

10 the chemical substance, consistent with the 

11 scope of the risk evaluation under section 

12 (6)(b)(4)(D). 

13 ‘‘(C) SIGNIFICANT NEW USE.—A statute or 

14 administrative action requiring the notification 

15 of a use of a chemical substance that the Admin16 istrator has specified as a significant new use 

17 and for which the Administrator has required 

18 notification pursuant to a rule promulgated 

19 under section 5. 

20 ‘‘(2) EFFECTIVE DATE OF PREEMPTION.—Under 

21 this subsection, Federal preemption of statutes and 

22 administrative actions applicable to specific chemical 

23 substances shall not occur until the effective date of 

24 the applicable action described in paragraph (1) 

25 taken by the Administrator.’’; 
125 

•HR 2576 EAH 

1 (2) by amending subsection (b) to read as fol2 lows: 

3 ‘‘(b) NEW STATUTES, CRIMINAL PENALTIES, OR AD4 MINISTRATIVE ACTIONS CREATING PROHIBITIONS OR

5 OTHER RESTRICTIONS.— 

6 ‘‘(1) IN GENERAL.—Except as provided in sub7 sections (c), (d), (e), (f), and (g), beginning on the 

8 date on which the Administrator defines the scope of 

9 a risk evaluation for a chemical substance under sec10 tion 6(b)(4)(D) and ending on the date on which the 

11 deadline established pursuant to section 6(b)(4)(G) for 

12 completion of the risk evaluation expires, or on the 

13 date on which the Administrator publishes the risk 

14 evaluation under section 6(b)(4)(C), whichever is ear15 lier, no State or political subdivision of a State may 

16 establish a statute, criminal penalty, or administra17 tive action prohibiting or otherwise restricting the 

18 manufacture, processing, distribution in commerce, or 

19 use of such chemical substance that is a high-priority 

20 substance designated under section 6(b)(1)(B)(i). 

21 ‘‘(2) EFFECT OF SUBSECTION.—This subsection 

22 does not restrict the authority of a State or political 

23 subdivision of a State to continue to enforce any stat24 ute enacted, criminal penalty assessed, or administra25 tive action taken, prior to the date on which the Ad-
126 

•HR 2576 EAH 

1 ministrator defines and publishes the scope of a risk 

2 evaluation under section 6(b)(4)(D).’’; and 

3 (3) by adding at the end the following: 

4 ‘‘(c) SCOPE OF PREEMPTION.—Federal preemption 

5 under subsections (a) and (b) of statutes, criminal pen6 alties, and administrative actions applicable to specific 

7 chemical substances shall apply only to— 

8 ‘‘(1) with respect to subsection (a)(1)(A), the 

9 chemical substances or category of chemical substances 

10 subject to a rule, order, or consent agreement under 

11 section 4, 5, or 6; 

12 ‘‘(2) with respect to subsection (b), the hazards, 

13 exposures, risks, and uses or conditions of use of such 

14 chemical substances included in the scope of the risk 

15 evaluation pursuant to section 6(b)(4)(D); 

16 ‘‘(3) with respect to subsection (a)(1)(B), the 

17 hazards, exposures, risks, and uses or conditions of 

18 use of such chemical substances included in any final 

19 action the Administrator takes pursuant to section 

20 6(a) or 6(i)(1); or 

21 ‘‘(4) with respect to subsection (a)(1)(C), the uses 

22 of such chemical substances that the Administrator 

23 has specified as significant new uses and for which 

24 the Administrator has required notification pursuant 

25 to a rule promulgated under section 5. 
127 

•HR 2576 EAH 

1 ‘‘(d) EXCEPTIONS.— 

2 ‘‘(1) NO PREEMPTION OF STATUTES AND ADMIN3 ISTRATIVE ACTIONS.— 

4 ‘‘(A) IN GENERAL.—Nothing in this Act, 

5 nor any amendment made by the Frank R. Lau6 tenberg Chemical Safety for the 21st Century 

7 Act, nor any rule, standard of performance, risk 

8 evaluation, or scientific assessment implemented 

9 pursuant to this Act, shall affect the right of a 

10 State or a political subdivision of a State to 

11 adopt or enforce any rule, standard of perform12 ance, risk evaluation, scientific assessment, or 

13 any other protection for public health or the en14 vironment that— 

15 ‘‘(i) is adopted or authorized under the 

16 authority of any other Federal law or 

17 adopted to satisfy or obtain authorization 

18 or approval under any other Federal law; 

19 ‘‘(ii) implements a reporting, moni20 toring, or other information obligation for 

21 the chemical substance not otherwise re22 quired by the Administrator under this Act 

23 or required under any other Federal law; 

24 ‘‘(iii) is adopted pursuant to authority 

25 under a law of the State or political sub-
128 

•HR 2576 EAH 

1 division of the State related to water qual2 ity, air quality, or waste treatment or dis3 posal, except to the extent that the action— 

4 ‘‘(I) imposes a restriction on the 

5 manufacture, processing, distribution 

6 in commerce, or use of a chemical sub7 stance; and 

8 ‘‘(II)(aa) addresses the same haz9 ards and exposures, with respect to the 

10 same conditions of use as are included 

11 in the scope of the risk evaluation pub12 lished pursuant to section 6(b)(4)(D), 

13 but is inconsistent with the action of 

14 the Administrator; or 

15 ‘‘(bb) would cause a violation of 

16 the applicable action by the Adminis17 trator under section 5 or 6; or 

18 ‘‘(iv) subject to subparagraph (B), is 

19 identical to a requirement prescribed by the 

20 Administrator. 

21 ‘‘(B) IDENTICAL REQUIREMENTS.— 

22 ‘‘(i) IN GENERAL.—The penalties and 

23 other sanctions applicable under a law of a 

24 State or political subdivision of a State in 

25 the event of noncompliance with the iden-
129 

•HR 2576 EAH 

1 tical requirement shall be no more stringent 

2 than the penalties and other sanctions 

3 available to the Administrator under section 

4 16 of this Act. 

5 ‘‘(ii) PENALTIES.—In the case of an 

6 identical requirement— 

7 ‘‘(I) a State or political subdivi8 sion of a State may not assess a pen9 alty for a specific violation for which 

10 the Administrator has assessed an ade11 quate penalty under section 16; and 

12 ‘‘(II) if a State or political sub13 division of a State has assessed a pen14 alty for a specific violation, the Ad15 ministrator may not assess a penalty 

16 for that violation in an amount that 

17 would cause the total of the penalties 

18 assessed for the violation by the State 

19 or political subdivision of a State and 

20 the Administrator combined to exceed 

21 the maximum amount that may be as22 sessed for that violation by the Admin23 istrator under section 16. 

24 ‘‘(2) APPLICABILITY TO CERTAIN RULES OR OR25 DERS.— 
130 

•HR 2576 EAH 

1 ‘‘(A) PRIOR RULES AND ORDERS.—Nothing 

2 in this section shall be construed as modifying 

3 the preemptive effect under this section, as in ef4 fect on the day before the effective date of the 

5 Frank R. Lautenberg Chemical Safety for the 

6 21st Century Act, of any rule or order promul7 gated or issued under this Act prior to that effec8 tive date. 

9 ‘‘(B) CERTAIN CHEMICAL SUBSTANCES AND

10 MIXTURES.—With respect to a chemical sub11 stance or mixture for which any rule or order 

12 was promulgated or issued under section 6 prior 

13 to the effective date of the Frank R. Lautenberg 

14 Chemical Safety for the 21st Century Act with 

15 respect to manufacturing, processing, distribu16 tion in commerce, use, or disposal of the chem17 ical substance or mixture, nothing in this section 

18 shall be construed as modifying the preemptive 

19 effect of this section as in effect prior to the en20 actment of the Frank R. Lautenberg Chemical 

21 Safety for the 21st Century Act of any rule or 

22 order that is promulgated or issued with respect 

23 to such chemical substance or mixture under sec24 tion 6 after that effective date, unless the latter 

25 rule or order is with respect to a chemical sub-
131 

•HR 2576 EAH 

1 stance or mixture containing a chemical sub2 stance and follows a designation of that chemical 

3 substance as a high-priority substance under sec4 tion 6(b)(1)(B)(i), the identification of that 

5 chemical substance under section 6(b)(2)(A), or 

6 the selection of that chemical substance for risk 

7 evaluation under section 6(b)(4)(E)(iv)(II). 

8 ‘‘(e) PRESERVATION OF CERTAIN LAWS.— 

9 ‘‘(1) IN GENERAL.—Nothing in this Act, subject 

10 to subsection (g) of this section, shall— 

11 ‘‘(A) be construed to preempt or otherwise 

12 affect the authority of a State or political sub13 division of a State to continue to enforce any ac14 tion taken or requirement imposed or require15 ment enacted relating to a specific chemical sub16 stance before April 22, 2016, under the authority 

17 of a law of the State or political subdivision of 

18 the State that prohibits or otherwise restricts 

19 manufacturing, processing, distribution in com20 merce, use, or disposal of a chemical substance; 

21 or 

22 ‘‘(B) be construed to preempt or otherwise 

23 affect any action taken pursuant to a State law 

24 that was in effect on August 31, 2003. 
132 

•HR 2576 EAH 

1 ‘‘(2) EFFECT OF SUBSECTION.—This subsection 

2 does not affect, modify, or alter the relationship be3 tween Federal law and laws of a State or political 

4 subdivision of a State pursuant to any other Federal 

5 law. 

6 ‘‘(f) WAIVERS.— 

7 ‘‘(1) DISCRETIONARY EXEMPTIONS.—Upon ap8 plication of a State or political subdivision of a 

9 State, the Administrator may, by rule, exempt from 

10 subsection (a), under such conditions as may be pre11 scribed in the rule, a statute, criminal penalty, or ad12 ministrative action of that State or political subdivi13 sion of the State that relates to the effects of exposure 

14 to a chemical substance under the conditions of use if 

15 the Administrator determines that— 

16 ‘‘(A) compelling conditions warrant grant17 ing the waiver to protect health or the environ18 ment; 

19 ‘‘(B) compliance with the proposed require20 ment of the State or political subdivision of the 

21 State would not unduly burden interstate com22 merce in the manufacture, processing, distribu23 tion in commerce, or use of a chemical substance; 

24 ‘‘(C) compliance with the proposed require25 ment of the State or political subdivision of the 
133 

•HR 2576 EAH 

1 State would not cause a violation of any appli2 cable Federal law, rule, or order; and 

3 ‘‘(D) in the judgment of the Administrator, 

4 the proposed requirement of the State or political 

5 subdivision of the State is designed to address a 

6 risk of a chemical substance, under the condi7 tions of use, that was identified— 

8 ‘‘(i) consistent with the best available 

9 science; 

10 ‘‘(ii) using supporting studies con11 ducted in accordance with sound and objec12 tive scientific practices; and 

13 ‘‘(iii) based on the weight of the sci14 entific evidence. 

15 ‘‘(2) REQUIRED EXEMPTIONS.—Upon applica16 tion of a State or political subdivision of a State, the 

17 Administrator shall exempt from subsection (b) a 

18 statute or administrative action of a State or polit19 ical subdivision of a State that relates to the effects 

20 of exposure to a chemical substance under the condi21 tions of use if the Administrator determines that— 

22 ‘‘(A)(i) compliance with the proposed re23 quirement of the State or political subdivision of 

24 the State would not unduly burden interstate 

25 commerce in the manufacture, processing, dis-
134 

•HR 2576 EAH 

1 tribution in commerce, or use of a chemical sub2 stance; 

3 ‘‘(ii) compliance with the proposed require4 ment of the State or political subdivision of the 

5 State would not cause a violation of any appli6 cable Federal law, rule, or order; and 

7 ‘‘(iii) the State or political subdivision of 

8 the State has a concern about the chemical sub9 stance or use of the chemical substance based in 

10 peer-reviewed science; or 

11 ‘‘(B) no later than the date that is 18 

12 months after the date on which the Adminis13 trator has initiated the prioritization process for 

14 a chemical substance under the rule promulgated 

15 pursuant to section 6(b)(1)(A), or the date on 

16 which the Administrator publishes the scope of 

17 the risk evaluation for a chemical substance 

18 under section 6(b)(4)(D), whichever is sooner, the 

19 State or political subdivision of the State has en20 acted a statute or proposed or finalized an ad21 ministrative action intended to prohibit or other22 wise restrict the manufacture, processing, dis23 tribution in commerce, or use of the chemical 

24 substance. 
135 

•HR 2576 EAH 

1 ‘‘(3) DETERMINATION OF A WAIVER REQUEST.— 

2 The duty of the Administrator to grant or deny a 

3 waiver application shall be nondelegable and shall be 

4 exercised— 

5 ‘‘(A) not later than 180 days after the date 

6 on which an application under paragraph (1) is 

7 submitted; and 

8 ‘‘(B) not later than 110 days after the date 

9 on which an application under paragraph (2) is 

10 submitted. 

11 ‘‘(4) FAILURE TO MAKE A DETERMINATION.—If 

12 the Administrator fails to make a determination 

13 under paragraph (3)(B) during the 110-day period 

14 beginning on the date on which an application under 

15 paragraph (2) is submitted, the statute or adminis16 trative action of the State or political subdivision of 

17 the State that was the subject of the application shall 

18 not be considered to be an existing statute or admin19 istrative action for purposes of subsection (b) by rea20 son of the failure of the Administrator to make a de21 termination. 

22 ‘‘(5) NOTICE AND COMMENT.—Except in the case 

23 of an application approved under paragraph (9), the 

24 application of a State or political subdivision of a 
136 

•HR 2576 EAH 

1 State under this subsection shall be subject to public 

2 notice and comment. 

3 ‘‘(6) FINAL AGENCY ACTION.—The decision of the 

4 Administrator on the application of a State or polit5 ical subdivision of a State shall be— 

6 ‘‘(A) considered to be a final agency action; 

7 and 

8 ‘‘(B) subject to judicial review. 

9 ‘‘(7) DURATION OF WAIVERS.—A waiver granted 

10 under paragraph (2) or approved under paragraph 

11 (9) shall remain in effect until such time as the Ad12 ministrator publishes the risk evaluation under sec13 tion 6(b). 

14 ‘‘(8) JUDICIAL REVIEW OF WAIVERS.—Not later 

15 than 60 days after the date on which the Adminis16 trator makes a determination on an application of a 

17 State or political subdivision of a State under para18 graph (1) or (2), any person may file a petition for 

19 judicial review in the United States Court of Appeals 

20 for the District of Columbia Circuit, which shall have 

21 exclusive jurisdiction over the determination. 

22 ‘‘(9) APPROVAL.— 

23 ‘‘(A) AUTOMATIC APPROVAL.—If the Admin24 istrator fails to meet the deadline established 

25 under paragraph (3)(B), the application of a 
137 

•HR 2576 EAH 

1 State or political subdivision of a State under 

2 paragraph (2) shall be automatically approved, 

3 effective on the date that is 10 days after the 

4 deadline. 

5 ‘‘(B) REQUIREMENTS.—Notwithstanding 

6 paragraph (6), approval of a waiver application 

7 under subparagraph (A) for failure to meet the 

8 deadline under paragraph (3)(B) shall not be 

9 considered final agency action or be subject to ju10 dicial review or public notice and comment. 

11 ‘‘(g) SAVINGS.— 

12 ‘‘(1) NO PREEMPTION OF COMMON LAW OR STAT13 UTORY CAUSES OF ACTION FOR CIVIL RELIEF OR

14 CRIMINAL CONDUCT.— 

15 ‘‘(A) IN GENERAL.—Nothing in this Act, 

16 nor any amendment made by the Frank R. Lau17 tenberg Chemical Safety for the 21st Century 

18 Act, nor any standard, rule, requirement, stand19 ard of performance, risk evaluation, or scientific 

20 assessment implemented pursuant to this Act, 

21 shall be construed to preempt, displace, or sup22 plant any State or Federal common law rights 

23 or any State or Federal statute creating a rem24 edy for civil relief, including those for civil dam25 age, or a penalty for a criminal conduct. 
138 

•HR 2576 EAH 

1 ‘‘(B) CLARIFICATION OF NO PREEMPTION.— 

2 Notwithstanding any other provision of this Act, 

3 nothing in this Act, nor any amendments made 

4 by the Frank R. Lautenberg Chemical Safety for 

5 the 21st Century Act, shall preempt or preclude 

6 any cause of action for personal injury, wrongful 

7 death, property damage, or other injury based on 

8 negligence, strict liability, products liability, 

9 failure to warn, or any other legal theory of li10 ability under any State law, maritime law, or 

11 Federal common law or statutory theory. 

12 ‘‘(2) NO EFFECT ON PRIVATE REMEDIES.— 

13 ‘‘(A) IN GENERAL.—Nothing in this Act, 

14 nor any amendments made by the Frank R. 

15 Lautenberg Chemical Safety for the 21st Century 

16 Act, nor any rules, regulations, requirements, 

17 risk evaluations, scientific assessments, or orders 

18 issued pursuant to this Act shall be interpreted 

19 as, in either the plaintiff’s or defendant’s favor, 

20 dispositive in any civil action. 

21 ‘‘(B) AUTHORITY OF COURTS.—This Act 

22 does not affect the authority of any court to 

23 make a determination in an adjudicatory pro24 ceeding under applicable State or Federal law 

25 with respect to the admission into evidence or 
139 

•HR 2576 EAH 

1 any other use of this Act or rules, regulations, re2 quirements, standards of performance, risk eval3 uations, scientific assessments, or orders issued 

4 pursuant to this Act.’’. 

5 SEC. 14. JUDICIAL REVIEW. 

6 Section 19(a) of the Toxic Substances Control Act (15 

7 U.S.C. 2618(a)) is amended— 

8 (1) in paragraph (1), by adding at the end the 

9 following: 

10 ‘‘(C)(i) Not later than 60 days after the publica11 tion of a designation under section 6(b)(1)(B)(ii), 

12 any person may commence a civil action to challenge 

13 the designation. 

14 ‘‘(ii) The United States Court of Appeals for the 

15 District of Columbia Circuit shall have exclusive ju16 risdiction over a civil action filed under this subpara17 graph.’’; and 

18 (2) by striking paragraph (3). 

19 SEC. 15. CITIZENS’ CIVIL ACTIONS. 

20 Section 20(b) of the Toxic Substances Control Act (15 

21 U.S.C. 2619(b)) is amended— 

22 (1) in paragraph (1)(B), by striking ‘‘or’’ at the 

23 end; and 

24 (2) in paragraph (2), by striking the period at 

25 the end and inserting the following: ‘‘, except that no 
140 

•HR 2576 EAH 

1 prior notification shall be required in the case of a 

2 civil action brought to compel a decision by the Ad3 ministrator pursuant to section 18(f)(3)(B); or 

4 ‘‘(3) in the case of a civil action brought to com5 pel a decision by the Administrator pursuant to sec6 tion 18(f)(3)(B), after the date that is 60 days after 

7 the deadline specified in section 18(f)(3)(B).’’. 

8 SEC. 16. STUDIES. 

9 Section 25 of the Toxic Substances Control Act (15 

10 U.S.C. 2624) is repealed. 

11 SEC. 17. ADMINISTRATION OF THE ACT. 

12 Section 26 of the Toxic Substances Control Act (15 

13 U.S.C. 2625) is amended— 

14 (1) in subsection (b)(1)— 

15 (A) by striking ‘‘of a reasonable fee’’; 

16 (B) by striking ‘‘data under section 4 or 5 

17 to defray the cost of administering this Act’’ and 

18 inserting ‘‘information under section 4 or a no19 tice or other information to be reviewed by the 

20 Administrator under section 5, or who manufac21 tures or processes a chemical substance that is 

22 the subject of a risk evaluation under section 

23 6(b), of a fee that is sufficient and not more than 

24 reasonably necessary to defray the cost related to 

25 such chemical substance of administering sec-
141 

•HR 2576 EAH 

1 tions 4, 5, and 6, and collecting, processing, re2 viewing, and providing access to and protecting 

3 from disclosure as appropriate under section 14 

4 information on chemical substances under this 

5 title, including contractor costs incurred by the 

6 Administrator’’; 

7 (C) by striking ‘‘Such rules shall not pro8 vide for any fee in excess of $2,500 or, in the 

9 case of a small business concern, any fee in ex10 cess of $100.’’; and 

11 (D) by striking ‘‘submit the data and the 

12 cost to the Administrator of reviewing such 

13 data’’ and inserting ‘‘pay such fee and the cost 

14 to the Administrator of carrying out the activi15 ties described in this paragraph’’; 

16 (2) in subsection (b)— 

17 (A) in paragraph (2), by striking ‘‘para18 graph (1)’’ and inserting ‘‘paragraph (4)’’; and 

19 (B) by adding at the end the following: 

20 ‘‘(3) FUND.— 

21 ‘‘(A) ESTABLISHMENT.—There is established in 

22 the Treasury of the United States a fund, to be known 

23 as the TSCA Service Fee Fund (in this paragraph re24 ferred to as the ‘Fund’), consisting of such amounts 

25 as are deposited in the Fund under this paragraph. 
142 

•HR 2576 EAH 

1 ‘‘(B) COLLECTION AND DEPOSIT OF FEES.—Sub2 ject to the conditions of subparagraph (C), the Ad3 ministrator shall collect the fees described in this sub4 section and deposit those fees in the Fund. 

5 ‘‘(C) USE OF FUNDS BY ADMINISTRATOR.—Fees 

6 authorized under this section shall be collected and 

7 available for obligation only to the extent and in the 

8 amount provided in advance in appropriations Acts, 

9 and shall be available without fiscal year limitation 

10 for use in defraying the costs of the activities de11 scribed in paragraph (1). 

12 ‘‘(D) ACCOUNTING AND AUDITING.— 

13 ‘‘(i) ACCOUNTING.—The Administrator shall 

14 biennially prepare and submit to the Committee 

15 on Environment and Public Works of the Senate 

16 and the Committee on Energy and Commerce of 

17 the House of Representatives a report that in18 cludes an accounting of the fees paid to the Ad19 ministrator under this paragraph and amounts 

20 disbursed from the Fund for the period covered 

21 by the report, as reflected by financial statements 

22 provided in accordance with sections 3515 and 

23 3521 of title 31, United States Code. 

24 ‘‘(ii) AUDITING.— 
143 

•HR 2576 EAH 

1 ‘‘(I) IN GENERAL.—For the purpose of 

2 section 3515(c) of title 31, United States 

3 Code, the Fund shall be considered a compo4 nent of a covered executive agency. 

5 ‘‘(II) COMPONENTS OF AUDIT.—The 

6 annual audit required in accordance with 

7 sections 3515 and 3521 of title 31, United 

8 States Code, of the financial statements of 

9 activities carried out using amounts from 

10 the Fund shall include an analysis of— 

11 ‘‘(aa) the fees collected and 

12 amounts disbursed under this sub13 section; 

14 ‘‘(bb) the reasonableness of the fees 

15 in place as of the date of the audit to 

16 meet current and projected costs of ad17 ministering the provisions of this title 

18 for which the fees may be used; and 

19 ‘‘(cc) the number of requests for a 

20 risk evaluation made by manufacturers 

21 under section 6(b)(4)(C)(ii). 

22 ‘‘(III) FEDERAL RESPONSIBILITY.— 

23 The Inspector General of the Environmental 

24 Protection Agency shall conduct the annual 

25 audit described in subclause (II) and sub-
144 

•HR 2576 EAH 

1 mit to the Administrator a report that de2 scribes the findings and any recommenda3 tions of the Inspector General resulting from 

4 the audit. 

5 ‘‘(4) AMOUNT AND ADJUSTMENT OF FEES; RE6 FUNDS.—In setting fees under this section, the Adminis7 trator shall— 

8 ‘‘(A) prescribe lower fees for small business con9 cerns, after consultation with the Administrator of the 

10 Small Business Administration; 

11 ‘‘(B) set the fees established under paragraph (1) 

12 at levels such that the fees will, in aggregate, provide 

13 a sustainable source of funds to annually defray— 

14 ‘‘(i) the lower of— 

15 ‘‘(I) 25 percent of the costs to the Ad16 ministrator of carrying out sections 4, 5, 

17 and 6, and of collecting, processing, review18 ing, and providing access to and protecting 

19 from disclosure as appropriate under sec20 tion 14 information on chemical substances 

21 under this title, other than the costs to con22 duct and complete risk evaluations under 

23 section 6(b); or 

24 ‘‘(II) $25,000,000 (subject to adjust25 ment pursuant to subparagraph (F)); and 
145 

•HR 2576 EAH 

1 ‘‘(ii) the costs of risk evaluations specified 

2 in subparagraph (D); 

3 ‘‘(C) reflect an appropriate balance in the assess4 ment of fees between manufacturers and processors, 

5 and allow the payment of fees by consortia of manu6 facturers or processors; 

7 ‘‘(D) notwithstanding subparagraph (B)— 

8 ‘‘(i) except as provided in clause (ii), for 

9 chemical substances for which the Administrator 

10 has granted a request from a manufacturer pur11 suant to section 6(b)(4)(C)(ii), establish the fee 

12 at a level sufficient to defray the full costs to the 

13 Administrator of conducting the risk evaluation 

14 under section 6(b); 

15 ‘‘(ii) for chemical substances for which the 

16 Administrator has granted a request from a 

17 manufacturer pursuant to section 6(b)(4)(C)(ii), 

18 and which are included in the 2014 update of 

19 the TSCA Work Plan for Chemical Assessments, 

20 establish the fee at a level sufficient to defray 50 

21 percent of the costs to the Administrator of con22 ducting the risk evaluation under section 6(b); 

23 and 
146 

•HR 2576 EAH 

1 ‘‘(iii) apply fees collected pursuant to 

2 clauses (i) and (ii) only to defray the costs de3 scribed in those clauses; 

4 ‘‘(E) prior to the establishment or amendment of 

5 any fees under paragraph (1), consult and meet with 

6 parties potentially subject to the fees or their rep7 resentatives, subject to the condition that no obliga8 tion under the Federal Advisory Committee Act (5 

9 U.S.C. App.) or subchapter II of chapter 5 of title 5, 

10 United States Code, is applicable with respect to such 

11 meetings; 

12 ‘‘(F) beginning with the fiscal year that is 3 

13 years after the date of enactment of the Frank R. 

14 Lautenberg Chemical Safety for the 21st Century Act, 

15 and every 3 years thereafter, after consultation with 

16 parties potentially subject to the fees and their rep17 resentatives pursuant to subparagraph (E), increase 

18 or decrease the fees established under paragraph (1) 

19 as necessary to adjust for inflation and to ensure that 

20 funds deposited in the Fund are sufficient to defray— 

21 ‘‘(i) approximately but not more than 25 

22 percent of the costs to the Administrator of car23 rying out sections 4, 5, and 6, and of collecting, 

24 processing, reviewing, and providing access to 

25 and protecting from disclosure as appropriate 
147 

•HR 2576 EAH 

1 under section 14 information on chemical sub2 stances under this title, other than the costs to 

3 conduct and complete risk evaluations requested 

4 under section 6(b)(4)(C)(ii); and 

5 ‘‘(ii) the costs of risk evaluations specified 

6 in subparagraph (D); and 

7 ‘‘(G) if a notice submitted under section 5 is not 

8 reviewed or such a notice is withdrawn, refund the fee 

9 or a portion of the fee if no substantial work was per10 formed on the notice. 

11 ‘‘(5) MINIMUM AMOUNT OF APPROPRIATIONS.—Fees 

12 may not be assessed for a fiscal year under this section un13 less the amount of appropriations for the Chemical Risk 

14 Review and Reduction program project of the Environ15 mental Protection Agency for the fiscal year (excluding the 

16 amount of any fees appropriated for the fiscal year) are 

17 equal to or greater than the amount of appropriations for 

18 that program project for fiscal year 2014. 

19 ‘‘(6) TERMINATION.—The authority provided by this 

20 subsection shall terminate at the conclusion of the fiscal 

21 year that is 10 years after the date of enactment of the 

22 Frank R. Lautenberg Chemical Safety for the 21st Century 

23 Act unless otherwise reauthorized or modified by Congress.’’; 

24 and 

25 (3) by adding at the end the following: 
148 

•HR 2576 EAH 

1 ‘‘(h) SCIENTIFIC STANDARDS.—In carrying out sec2 tions 4, 5, and 6, to the extent that the Administrator makes 

3 a decision based on science, the Administrator shall use sci4 entific information, technical procedures, measures, meth5 ods, protocols, methodologies, or models, employed in a 

6 manner consistent with the best available science, and shall 

7 consider as applicable— 

8 ‘‘(1) the extent to which the scientific informa9 tion, technical procedures, measures, methods, proto10 cols, methodologies, or models employed to generate 

11 the information are reasonable for and consistent 

12 with the intended use of the information; 

13 ‘‘(2) the extent to which the information is rel14 evant for the Administrator’s use in making a deci15 sion about a chemical substance or mixture; 

16 ‘‘(3) the degree of clarity and completeness with 

17 which the data, assumptions, methods, quality assur18 ance, and analyses employed to generate the informa19 tion are documented; 

20 ‘‘(4) the extent to which the variability and un21 certainty in the information, or in the procedures, 

22 measures, methods, protocols, methodologies, or mod23 els, are evaluated and characterized; and 

24 ‘‘(5) the extent of independent verification or 

25 peer review of the information or of the procedures, 
149 

•HR 2576 EAH 

1 measures, methods, protocols, methodologies, or mod2 els. 

3 ‘‘(i) WEIGHT OF SCIENTIFIC EVIDENCE.—The Admin4 istrator shall make decisions under sections 4, 5, and 6 

5 based on the weight of the scientific evidence. 

6 ‘‘(j) AVAILABILITY OF INFORMATION.—Subject to sec7 tion 14, the Administrator shall make available to the pub8 lic— 

9 ‘‘(1) all notices, determinations, findings, rules, 

10 consent agreements, and orders of the Administrator 

11 under this title; 

12 ‘‘(2) any information required to be provided to 

13 the Administrator under section 4; 

14 ‘‘(3) a nontechnical summary of each risk eval15 uation conducted under section 6(b); 

16 ‘‘(4) a list of the studies considered by the Ad17 ministrator in carrying out each such risk evaluation, 

18 along with the results of those studies; and 

19 ‘‘(5) each designation of a chemical substance 

20 under section 6(b), along with an identification of the 

21 information, analysis, and basis used to make the des22 ignations. 

23 ‘‘(k) REASONABLY AVAILABLE INFORMATION.—In car24 rying out sections 4, 5, and 6, the Administrator shall take 

25 into consideration information relating to a chemical sub-
150 

•HR 2576 EAH 

1 stance or mixture, including hazard and exposure informa2 tion, under the conditions of use, that is reasonably avail3 able to the Administrator. 

4 ‘‘(l) POLICIES, PROCEDURES, AND GUIDANCE.— 

5 ‘‘(1) DEVELOPMENT.—Not later than 2 years 

6 after the date of enactment of the Frank R. Lauten7 berg Chemical Safety for the 21st Century Act, the 

8 Administrator shall develop any policies, procedures, 

9 and guidance the Administrator determines are nec10 essary to carry out the amendments to this Act made 

11 by the Frank R. Lautenberg Chemical Safety for the 

12 21st Century Act. 

13 ‘‘(2) REVIEW.—Not later than 5 years after the 

14 date of enactment of the Frank R. Lautenberg Chem15 ical Safety for the 21st Century Act, and not less fre16 quently than once every 5 years thereafter, the Ad17 ministrator shall— 

18 ‘‘(A) review the adequacy of the policies, 

19 procedures, and guidance developed under para20 graph (1), including with respect to animal, 

21 nonanimal, and epidemiological test methods 

22 and procedures for assessing and determining 

23 risk under this title; and 

24 ‘‘(B) revise such policies, procedures, and 

25 guidance as the Administrator determines nec-
151 

•HR 2576 EAH 

1 essary to reflect new scientific developments or 

2 understandings. 

3 ‘‘(3) TESTING OF CHEMICAL SUBSTANCES AND

4 MIXTURES.—The policies, procedures, and guidance 

5 developed under paragraph (1) applicable to testing 

6 chemical substances and mixtures shall— 

7 ‘‘(A) address how and when the exposure 

8 level or exposure potential of a chemical sub9 stance or mixture would factor into decisions to 

10 require new testing, subject to the condition that 

11 the Administrator shall not interpret the lack of 

12 exposure information as a lack of exposure or ex13 posure potential; and 

14 ‘‘(B) describe the manner in which the Ad15 ministrator will determine that additional infor16 mation is necessary to carry out this title, in17 cluding information relating to potentially ex18 posed or susceptible populations. 

19 ‘‘(4) CHEMICAL SUBSTANCES WITH COMPLETED

20 RISK ASSESSMENTS.—With respect to a chemical sub21 stance listed in the 2014 update to the TSCA Work 

22 Plan for Chemical Assessments for which the Admin23 istrator has published a completed risk assessment 

24 prior to the date of enactment of the Frank R. Lau25 tenberg Chemical Safety for the 21st Century Act, the 
152 

•HR 2576 EAH 

1 Administrator may publish proposed and final rules 

2 under section 6(a) that are consistent with the scope 

3 of the completed risk assessment for the chemical sub4 stance and consistent with other applicable require5 ments of section 6. 

6 ‘‘(5) GUIDANCE.—Not later than 1 year after the 

7 date of enactment of the Frank R. Lautenberg Chem8 ical Safety for the 21st Century Act, the Adminis9 trator shall develop guidance to assist interested per10 sons in developing and submitting draft risk evalua11 tions which shall be considered by the Administrator. 

12 The guidance shall, at a minimum, address the qual13 ity of the information submitted and the process to be 

14 followed in developing draft risk evaluations for con15 sideration by the Administrator. 

16 ‘‘(m) REPORT TO CONGRESS.— 

17 ‘‘(1) INITIAL REPORT.—Not later than 6 months 

18 after the date of enactment of the Frank R. Lauten19 berg Chemical Safety for the 21st Century Act, the 

20 Administrator shall submit to the Committees on En21 ergy and Commerce and Appropriations of the House 

22 of Representatives and the Committees on Environ23 ment and Public Works and Appropriations of the 

24 Senate a report containing an estimation of— 
153 

•HR 2576 EAH 

1 ‘‘(A) the capacity of the Environmental 

2 Protection Agency to conduct and publish risk 

3 evaluations under section 6(b)(4)(C)(i), and the 

4 resources necessary to conduct the minimum 

5 number of risk evaluations required under sec6 tion 6(b)(2); 

7 ‘‘(B) the capacity of the Environmental 

8 Protection Agency to conduct and publish risk 

9 evaluations under section 6(b)(4)(C)(ii), the like10 ly demand for such risk evaluations, and the an11 ticipated schedule for accommodating that de12 mand; 

13 ‘‘(C) the capacity of the Environmental 

14 Protection Agency to promulgate rules under sec15 tion 6(a) as required based on risk evaluations 

16 conducted and published under section 6(b); and 

17 ‘‘(D) the actual and anticipated efforts of 

18 the Environmental Protection Agency to increase 

19 the Agency’s capacity to conduct and publish 

20 risk evaluations under section 6(b). 

21 ‘‘(2) SUBSEQUENT REPORTS.—The Adminis22 trator shall update and resubmit the report described 

23 in paragraph (1) not less frequently than once every 

24 5 years. 

25 ‘‘(n) ANNUAL PLAN.— 
154 

•HR 2576 EAH 

1 ‘‘(1) IN GENERAL.—The Administrator shall in2 form the public regarding the schedule and the re3 sources necessary for the completion of each risk eval4 uation as soon as practicable after initiating the risk 

5 evaluation. 

6 ‘‘(2) PUBLICATION OF PLAN.—At the beginning 

7 of each calendar year, the Administrator shall publish 

8 an annual plan that— 

9 ‘‘(A) identifies the chemical substances for 

10 which risk evaluations are expected to be initi11 ated or completed that year and the resources 

12 necessary for their completion; 

13 ‘‘(B) describes the status of each risk evalua14 tion that has been initiated but not yet com15 pleted; and 

16 ‘‘(C) if the schedule for completion of a risk 

17 evaluation has changed, includes an updated 

18 schedule for that risk evaluation. 

19 ‘‘(o) CONSULTATION WITH SCIENCE ADVISORY COM20 MITTEE ON CHEMICALS.— 

21 ‘‘(1) ESTABLISHMENT.—Not later than 1 year 

22 after the date of enactment of the Frank R. Lauten23 berg Chemical Safety for the 21st Century Act, the 

24 Administrator shall establish an advisory committee, 

25 to be known as the Science Advisory Committee on 
155 

•HR 2576 EAH 

1 Chemicals (referred to in this subsection as the ‘Com2 mittee’). 

3 ‘‘(2) PURPOSE.—The purpose of the Committee 

4 shall be to provide independent advice and expert 

5 consultation, at the request of the Administrator, with 

6 respect to the scientific and technical aspects of issues 

7 relating to the implementation of this title. 

8 ‘‘(3) COMPOSITION.—The Committee shall be 

9 composed of representatives of such science, govern10 ment, labor, public health, public interest, animal 

11 protection, industry, and other groups as the Admin12 istrator determines to be advisable, including rep13 resentatives that have specific scientific expertise in 

14 the relationship of chemical exposures to women, chil15 dren, and other potentially exposed or susceptible sub16 populations. 

17 ‘‘(4) SCHEDULE.—The Administrator shall con18 vene the Committee in accordance with such schedule 

19 as the Administrator determines to be appropriate, 

20 but not less frequently than once every 2 years. 

21 ‘‘(p) PRIOR ACTIONS.— 

22 ‘‘(1) RULES, ORDERS, AND EXEMPTIONS.—Noth23 ing in the Frank R. Lautenberg Chemical Safety for 

24 the 21st Century Act eliminates, modifies, or with25 draws any rule promulgated, order issued, or exemp-
156 

•HR 2576 EAH 

1 tion established pursuant to this Act before the date 

2 of enactment of the Frank R. Lautenberg Chemical 

3 Safety for the 21st Century Act. 

4 ‘‘(2) PRIOR-INITIATED EVALUATIONS.—Nothing 

5 in this Act prevents the Administrator from initi6 ating a risk evaluation regarding a chemical sub7 stance, or from continuing or completing such risk 

8 evaluation, prior to the effective date of the policies, 

9 procedures, and guidance required to be developed by 

10 the Administrator pursuant to the amendments made 

11 by the Frank R. Lautenberg Chemical Safety for the 

12 21st Century Act. 

13 ‘‘(3) ACTIONS COMPLETED PRIOR TO COMPLE14 TION OF POLICIES, PROCEDURES, AND GUIDANCE.— 

15 Nothing in this Act requires the Administrator to re16 vise or withdraw a completed risk evaluation, deter17 mination, or rule under this Act solely because the ac18 tion was completed prior to the development of a pol19 icy, procedure, or guidance pursuant to the amend20 ments made by the Frank R. Lautenberg Chemical 

21 Safety for the 21st Century Act.’’. 

22 SEC. 18. STATE PROGRAMS. 

23 Section 28 of the Toxic Substances Control Act (15 

24 U.S.C. 2627) is amended by striking subsections (c) and 

25 (d). 
157 

•HR 2576 EAH 

1 SEC. 19. CONFORMING AMENDMENTS. 

2 (a) TABLE OF CONTENTS.—The table of contents in 

3 section 1 of the Toxic Substances Control Act is amended— 

4 (1) by striking the item relating to section 6 and 

5 inserting the following: 

‘‘Sec. 6. Prioritization, risk evaluation, and regulation of chemical substances 

and mixtures.’’; 

6 (2) by striking the item relating to section 10 

7 and inserting the following: 

‘‘Sec. 10. Research, development, collection, dissemination, and utilization of information.’’; 

8 (3) by striking the item relating to section 14 

9 and inserting the following: 

‘‘Sec. 14. Confidential information.’’; 

10 and 

11 (4) by striking the item relating to section 25. 

12 (b) SECTION 2.—Section 2(b)(1) of the Toxic Sub13 stances Control Act (15 U.S.C. 2601(b)(1)) is amended by 

14 striking ‘‘data’’ both places it appears and inserting ‘‘infor15 mation’’. 

16 (c) SECTION 3.—Section 3 of the Toxic Substances 

17 Control Act (15 U.S.C. 2602) is amended— 

18 (1) in paragraph (8) (as redesignated by section 

19 3 of this Act), by striking ‘‘data’’ and inserting ‘‘in20 formation’’; and 

21 (2) in paragraph (15) (as redesignated by sec22 tion 3 of this Act)— 
158 

•HR 2576 EAH 

1 (A) by striking ‘‘standards’’ and inserting 

2 ‘‘protocols and methodologies’’; 

3 (B) by striking ‘‘test data’’ both places it 

4 appears and inserting ‘‘information’’; and 

5 (C) by striking ‘‘data’’ each place it ap6 pears and inserting ‘‘information’’. 

7 (d) SECTION 4.—Section 4 of the Toxic Substances 

8 Control Act (15 U.S.C. 2603) is amended— 

9 (1) in subsection (b)— 

10 (A) in paragraph (1)— 

11 (i) in the paragraph heading, by add12 ing ‘‘, ORDER, OR CONSENT AGREEMENT’’ at 

13 the end; and 

14 (ii) by striking ‘‘rule’’ each place it ap15 pears and inserting ‘‘rule, order, or consent 

16 agreement’’; 

17 (B) in paragraph (2)(B), by striking 

18 ‘‘rules’’ and inserting ‘‘rules, orders, and consent 

19 agreements’’; 

20 (C) in paragraph (3)(A), by striking ‘‘rule’’ 

21 and inserting ‘‘rule or order’’; and 

22 (D) in paragraph (4)— 

23 (i) by striking ‘‘rule under subsection 

24 (a)’’ each place it appears and inserting 
159 

•HR 2576 EAH 

1 ‘‘rule, order, or consent agreement under 

2 subsection (a)’’; 

3 (ii) by striking ‘‘repeals the rule’’ each 

4 place it appears and inserting ‘‘repeals the 

5 rule or order or modifies the consent agree6 ment to terminate the requirement’’; and 

7 (iii) by striking ‘‘repeals the applica8 tion of the rule’’ and inserting ‘‘repeals or 

9 modifies the application of the rule, order, 

10 or consent agreement’’; 

11 (2) in subsection (c)— 

12 (A) in paragraph (1), by striking ‘‘rule’’ 

13 and inserting ‘‘rule or order’’; 

14 (B) in paragraph (2)— 

15 (i) in subparagraph (A), by striking 

16 ‘‘a rule under subsection (a) or for which 

17 data is being developed pursuant to such a 

18 rule’’ and inserting ‘‘a rule, order, or con19 sent agreement under subsection (a) or for 

20 which information is being developed pursu21 ant to such a rule, order, or consent agree22 ment’’; 

23 (ii) in subparagraph (B), by striking 

24 ‘‘such rule or which is being developed pur25 suant to such rule’’ and inserting ‘‘such 
160 

•HR 2576 EAH 

1 rule, order, or consent agreement or which 

2 is being developed pursuant to such rule, 

3 order, or consent agreement’’; and 

4 (iii) in the matter following subpara5 graph (B), by striking ‘‘the rule’’ and in6 serting ‘‘the rule or order’’; 

7 (C) in paragraph (3)(B)(i), by striking 

8 ‘‘rule promulgated’’ and inserting ‘‘rule, order, 

9 or consent agreement’’; and 

10 (D) in paragraph (4)— 

11 (i) by striking ‘‘rule promulgated’’ 

12 each place it appears and inserting ‘‘rule, 

13 order, or consent agreement’’; 

14 (ii) by striking ‘‘such rule’’ each place 

15 it appears and inserting ‘‘such rule, order, 

16 or consent agreement’’; and 

17 (iii) in subparagraph (B), by striking 

18 ‘‘the rule’’ and inserting ‘‘the rule or order’’; 

19 (3) in subsection (d), by striking ‘‘rule’’ and in20 serting ‘‘rule, order, or consent agreement’’; and 

21 (4) in subsection (g), by striking ‘‘rule’’ and in22 serting ‘‘rule, order, or consent agreement’’. 

23 (e) SECTION 5.—Section 5 of the Toxic Substances 

24 Control Act (15 U.S.C. 2604) is amended— 

25 (1) in subsection (b)— 
161 

•HR 2576 EAH 

1 (A) in paragraph (1)(A)— 

2 (i) by striking ‘‘rule promulgated’’ and 

3 inserting ‘‘rule, order, or consent agree4 ment’’; and 

5 (ii) by striking ‘‘such rule’’ and insert6 ing ‘‘such rule, order, or consent agree7 ment’’; 

8 (B) in paragraph (1)(B), by striking ‘‘rule 

9 promulgated’’ and inserting ‘‘rule or order’’; and 

10 (C) in paragraph (2)(A)(ii), by striking 

11 ‘‘rule promulgated’’ and inserting ‘‘rule, order, 

12 or consent agreement’’; and 

13 (2) in subsection (d)(2)(C), by striking ‘‘rule’’ 

14 and inserting ‘‘rule, order, or consent agreement’’. 

15 (f) SECTION 7.—Section 7(a) of the Toxic Substances 

16 Control Act (15 U.S.C. 2606(a)) is amended— 

17 (1) in paragraph (1), in the matter following 

18 subparagraph (C), by striking ‘‘a rule under section 

19 4, 5, 6, or title IV or an order under section 5 or title 

20 IV’’ and inserting ‘‘a determination under section 5 

21 or 6, a rule under section 4, 5, or 6 or title IV, an 

22 order under section 4, 5, or 6 or title IV, or a consent 

23 agreement under section 4’’; and 

24 (2) in paragraph (2), by striking ‘‘subsection 

25 6(d)(2)(A)(i)’’ and inserting ‘‘section 6(d)(3)(A)(i)’’. 
162 

•HR 2576 EAH 

1 (g) SECTION 8.—Section 8(a) of the Toxic Substances 

2 Control Act (15 U.S.C. 2607(a)) is amended— 

3 (1) in paragraph (2)(E), by striking ‘‘data’’ and 

4 inserting ‘‘information’’; and 

5 (2) in paragraph (3)(A)(ii)(I), by striking ‘‘or 

6 an order in effect under section 5(e)’’ and inserting 

7 ‘‘, an order in effect under section 4 or 5(e), or a con8 sent agreement under section 4’’. 

9 (h) SECTION 9.—Section 9 of the Toxic Substances 

10 Control Act (15 U.S.C. 2608) is amended— 

11 (1) in subsection (a), by striking ‘‘section 6’’ 

12 each place it appears and inserting ‘‘section 6(a)’’; 

13 and 

14 (2) in subsection (d), by striking ‘‘Health, Edu15 cation, and Welfare’’ and inserting ‘‘Health and 

16 Human Services’’. 

17 (i) SECTION 10.—Section 10 of the Toxic Substances 

18 Control Act (15 U.S.C. 2609) is amended— 

19 (1) in the section heading, by striking ‘‘DATA’’ 

20 and inserting ‘‘INFORMATION’’; 

21 (2) by striking ‘‘Health, Education, and Wel22 fare’’ each place it appears and inserting ‘‘Health 

23 and Human Services’’; 

24 (3) in subsection (b)— 
163 

•HR 2576 EAH 

1 (A) in the subsection heading, by striking 

2 ‘‘DATA’’ and inserting ‘‘INFORMATION’’; 

3 (B) by striking ‘‘data’’ and inserting ‘‘in4 formation’’ in paragraph (1); 

5 (C) by striking ‘‘data’’ and inserting ‘‘infor6 mation’’ in paragraph (2)(A); and 

7 (D) by striking ‘‘a data’’ and inserting ‘‘an 

8 information’’ in paragraph (2)(B); and 

9 (4) in subsection (g), by striking ‘‘data’’ and in10 serting ‘‘information’’. 

11 (j) SECTION 11.—Section 11(b)(2) of the Toxic Sub12 stances Control Act (15 U.S.C. 2610(b)(2)) is amended— 

13 (1) by striking ‘‘data’’ each place it appears and 

14 inserting ‘‘information’’; and 

15 (2) in subparagraph (E), by striking ‘‘rule pro16 mulgated’’ and inserting ‘‘rule promulgated, order 

17 issued, or consent agreement entered into’’. 

18 (k) SECTION 12.—Section 12(b)(1) of the Toxic Sub19 stances Control Act (15 U.S.C. 2611(b)(1)) is amended by 

20 striking ‘‘data’’ both places it appears and inserting ‘‘infor21 mation’’. 

22 (l) SECTION 15.—Section 15(1) of the Toxic Sub23 stances Control Act (15 U.S.C. 2614(1)) is amended by 

24 striking ‘‘(A) any rule’’ and all that follows through ‘‘or 

25 (D)’’ and inserting ‘‘any requirement of this title or any 
164 

•HR 2576 EAH 

1 rule promulgated, order issued, or consent agreement en2 tered into under this title, or’’. 

3 (m) SECTION 19.—Section 19 of the Toxic Substances 

4 Control Act (15 U.S.C. 2618) is amended— 

5 (1) in subsection (a)— 

6 (A) in paragraph (1)(A)— 

7 (i) by striking ‘‘Not later than 60 days 

8 after the date of the promulgation of a rule 

9 under section 4(a), 5(a)(2), 5(b)(4), 6(a), 

10 6(e), or 8, or under title II or IV’’ and in11 serting ‘‘Except as otherwise provided in 

12 this title, not later than 60 days after the 

13 date on which a rule is promulgated under 

14 this title, title II, or title IV, or the date on 

15 which an order is issued under section 4, 

16 5(e), 5(f), or 6(i)(1),’’; 

17 (ii) by striking ‘‘such rule’’ and insert18 ing ‘‘such rule or order’’; and 

19 (iii) by striking ‘‘such a rule’’ and in20 serting ‘‘such a rule or order’’; 

21 (B) in paragraph (1)(B)— 

22 (i) by striking ‘‘Courts’’ and inserting 

23 ‘‘Except as otherwise provided in this title, 

24 courts’’; and 
165 

•HR 2576 EAH 

1 (ii) by striking ‘‘subparagraph (A) or 

2 (B) of section 6(b)(1)’’ and inserting ‘‘this 

3 title, other than an order under section 4, 

4 5(e), 5(f), or 6(i)(1),’’; and 

5 (C) in paragraph (2)— 

6 (i) by striking ‘‘rulemaking record’’ 

7 and inserting ‘‘record’’; and 

8 (ii) by striking ‘‘based the rule’’ and 

9 inserting ‘‘based the rule or order’’; 

10 (2) in subsection (b)— 

11 (A) by striking ‘‘review a rule’’ and insert12 ing ‘‘review a rule, or an order under section 4, 

13 5(e), 5(f), or 6(i)(1),’’; 

14 (B) by striking ‘‘such rule’’ and inserting 

15 ‘‘such rule or order’’; 

16 (C) by striking ‘‘the rule’’ and inserting 

17 ‘‘the rule or order’’; 

18 (D) by striking ‘‘new rule’’ each place it ap19 pears and inserting ‘‘new rule or order’’; and 

20 (E) by striking ‘‘modified rule’’ and insert21 ing ‘‘modified rule or order’’; and 

22 (3) in subsection (c)— 

23 (A) in paragraph (1)— 

24 (i) in subparagraph (A)— 
166 

•HR 2576 EAH 

1 (I) by striking ‘‘a rule’’ and in2 serting ‘‘a rule or order’’; and 

3 (II) by striking ‘‘such rule’’ and 

4 inserting ‘‘such rule or order’’; 

5 (ii) in subparagraph (B)— 

6 (I) in the matter preceding clause 

7 (i), by striking ‘‘a rule’’ and inserting 

8 ‘‘a rule or order’’; 

9 (II) by amending clause (i) to 

10 read as follows: 

11 ‘‘(i) in the case of review of— 

12 ‘‘(I) a rule under section 4(a), 5(b)(4), 6(a) 

13 (including review of the associated determination 

14 under section 6(b)(4)(A)), or 6(e), the standard 

15 for review prescribed by paragraph (2)(E) of 

16 such section 706 shall not apply and the court 

17 shall hold unlawful and set aside such rule if the 

18 court finds that the rule is not supported by sub19 stantial evidence in the rulemaking record taken 

20 as a whole; and 

21 ‘‘(II) an order under section 4, 5(e), 5(f), or 

22 6(i)(1), the standard for review prescribed by 

23 paragraph (2)(E) of such section 706 shall not 

24 apply and the court shall hold unlawful and set 

25 aside such order if the court finds that the order 
167 

•HR 2576 EAH 

1 is not supported by substantial evidence in the 

2 record taken as a whole; and’’; and 

3 (III) by striking clauses (ii) and 

4 (iii) and the matter after clause (iii) 

5 and inserting the following: 

6 ‘‘(ii) the court may not review the contents and 

7 adequacy of any statement of basis and purpose re8 quired by section 553(c) of title 5, United States 

9 Code, to be incorporated in the rule or order, except 

10 as part of the record, taken as a whole.’’; and 

11 (iii) by striking subparagraph (C); 

12 and 

13 (B) in paragraph (2), by striking ‘‘any 

14 rule’’ and inserting ‘‘any rule or order’’. 

15 (n) SECTION 20.—Section 20(a)(1) of the Toxic Sub16 stances Control Act (15 U.S.C. 2619(a)(1)) is amended by 

17 striking ‘‘order issued under section 5’’ and inserting ‘‘order 

18 issued under section 4 or 5’’. 

19 (o) SECTION 21.—Section 21 of the Toxic Substances 

20 Control Act (15 U.S.C. 2620) is amended— 

21 (1) in subsection (a), by striking ‘‘order under 

22 section 5(e) or (6)(b)(2)’’ and inserting ‘‘order under 

23 section 4 or 5(e) or (f)’’; and 

24 (2) in subsection (b)— 
168 

•HR 2576 EAH 

1 (A) in paragraph (1), by striking ‘‘order 

2 under section 5(e), 6(b)(1)(A), or 6(b)(1)(B)’’ 

3 and inserting ‘‘order under section 4 or 5(e) or 

4 (f)’’; and 

5 (B) in paragraph (4)(B)— 

6 (i) in the matter preceding clause (i), 

7 by striking ‘‘order under section 5(e) or 

8 6(b)(2)’’ and inserting ‘‘order under section 

9 4 or 5(e) or (f)’’; 

10 (ii) in clause (i), by striking ‘‘order 

11 under section 5(e)’’ and inserting ‘‘order 

12 under section 4 or 5(e)’’; and 

13 (iii) in clause (ii), by striking ‘‘section 

14 6 or 8 or an order under section 6(b)(2), 

15 there is a reasonable basis to conclude that 

16 the issuance of such a rule or order is nec17 essary to protect health or the environment 

18 against an unreasonable risk of injury to 

19 health or the environment’’ and inserting 

20 ‘‘section 6(a) or 8 or an order under section 

21 5(f), the chemical substance or mixture to be 

22 subject to such rule or order presents an un23 reasonable risk of injury to health or the en24 vironment, without consideration of costs or 

25 other nonrisk factors, including an unrea-
169 

•HR 2576 EAH 

1 sonable risk to a potentially exposed or sus2 ceptible subpopulation, under the conditions 

3 of use’’. 

4 (p) SECTION 24.—Section 24(b)(2)(B) of the Toxic 

5 Substances Control Act (15 U.S.C. 2623(b)(2)(B)) is 

6 amended— 

7 (1) by inserting ‘‘and’’ at the end of clause (i); 

8 (2) by striking clause (ii); and 

9 (3) by redesignating clause (iii) as clause (ii). 

10 (q) SECTION 26.—Section 26 of the Toxic Substances 

11 Control Act (15 U.S.C. 2625) is amended— 

12 (1) in subsection (e), by striking ‘‘Health, Edu13 cation, and Welfare’’ each place it appears and in14 serting ‘‘Health and Human Services’’; and 

15 (2) in subsection (g)(1), by striking ‘‘data’’ and 

16 inserting ‘‘information’’. 

17 (r) SECTION 27.—Section 27(a) of the Toxic Sub18 stances Control Act (15 U.S.C. 2626(a)) is amended— 

19 (1) by striking ‘‘Health, Education, and Wel20 fare’’ and inserting ‘‘Health and Human Services’’; 

21 (2) by striking ‘‘test data’’ both places it appears 

22 and inserting ‘‘information’’; 

23 (3) by striking ‘‘rules promulgated’’ and insert24 ing ‘‘rules, orders, or consent agreements’’; and 
170 

•HR 2576 EAH 

1 (4) by striking ‘‘standards’’ and inserting ‘‘pro2 tocols and methodologies’’. 

3 (s) SECTION 30.—Section 30(2) of the Toxic Sub4 stances Control Act (15 U.S.C. 2629(2)) is amended by 

5 striking ‘‘rule’’ and inserting ‘‘rule, order, or consent agree6 ment’’. 

7 SEC. 20. NO RETROACTIVITY. 

8 Nothing in sections 1 through 19, or the amendments 

9 made by sections 1 through 19, shall be interpreted to apply 

10 retroactively to any State, Federal, or maritime legal action 

11 filed before the date of enactment of this Act. 

12 SEC. 21. TREVOR’S LAW. 

13 (a) PURPOSES.—The purposes of this section are— 

14 (1) to provide the appropriate Federal agencies 

15 with the authority to help conduct investigations into 

16 potential cancer clusters; 

17 (2) to ensure that Federal agencies have the au18 thority to undertake actions to help address cancer 

19 clusters and factors that may contribute to the cre20 ation of potential cancer clusters; and 

21 (3) to enable Federal agencies to coordinate with 

22 other Federal, State, and local agencies, institutes of 

23 higher education, and the public in investigating and 

24 addressing cancer clusters. 
171 

•HR 2576 EAH 

1 (b) DESIGNATION AND INVESTIGATION OF POTENTIAL

2 CANCER CLUSTERS.—Part P of title III of the Public 

3 Health Service Act (42 U.S.C. 280g et seq.) is amended by 

4 adding at the end the following: 

5 ‘‘SEC. 399V–6. DESIGNATION AND INVESTIGATION OF PO6 TENTIAL CANCER CLUSTERS. 

7 ‘‘(a) DEFINITIONS.—In this section: 

8 ‘‘(1) CANCER CLUSTER.—The term ‘cancer clus9 ter’ means the incidence of a particular cancer within 

10 a population group, a geographical area, and a pe11 riod of time that is greater than expected for such 

12 group, area, and period. 

13 ‘‘(2) PARTICULAR CANCER.—The term ‘par14 ticular cancer’ means one specific type of cancer or 

15 a type of cancers scientifically proven to have the 

16 same cause. 

17 ‘‘(3) POPULATION GROUP.—The term ‘population 

18 group’ means a group, for purposes of calculating 

19 cancer rates, defined by factors such as race, eth20 nicity, age, or gender. 

21 ‘‘(b) CRITERIA FOR DESIGNATION OF POTENTIAL CAN22 CER CLUSTERS.— 

23 ‘‘(1) DEVELOPMENT OF CRITERIA.—The Sec24 retary shall develop criteria for the designation of po25 tential cancer clusters. 
172 

•HR 2576 EAH 

1 ‘‘(2) REQUIREMENTS.—The criteria developed 

2 under paragraph (1) shall consider, as appropriate— 

3 ‘‘(A) a standard for cancer cluster identi4 fication and reporting protocols used to deter5 mine when cancer incidence is greater than 

6 would be typically observed; 

7 ‘‘(B) scientific screening standards that en8 sure that a cluster of a particular cancer in9 volves the same type of cancer, or types of can10 cers; 

11 ‘‘(C) the population in which the cluster of 

12 a particular cancer occurs by factors such as 

13 race, ethnicity, age, and gender, for purposes of 

14 calculating cancer rates; 

15 ‘‘(D) the boundaries of a geographic area in 

16 which a cluster of a particular cancer occurs so 

17 as not to create or obscure a potential cluster by 

18 selection of a specific area; and 

19 ‘‘(E) the time period over which the number 

20 of cases of a particular cancer, or the calculation 

21 of an expected number of cases, occurs. 

22 ‘‘(c) GUIDELINES FOR INVESTIGATION OF POTENTIAL

23 CANCER CLUSTERS.—The Secretary, in consultation with 

24 the Council of State and Territorial Epidemiologists and 

25 representatives of State and local health departments, shall 
173 

•HR 2576 EAH 

1 develop, publish, and periodically update guidelines for in2 vestigating potential cancer clusters. The guidelines shall— 

3 ‘‘(1) recommend that investigations of cancer 

4 clusters— 

5 ‘‘(A) use the criteria developed under sub6 section (b); 

7 ‘‘(B) use the best available science; and 

8 ‘‘(C) rely on a weight of the scientific evi9 dence; 

10 ‘‘(2) provide standardized methods of reviewing 

11 and categorizing data, including from health surveil12 lance systems and reports of potential cancer clusters; 

13 and 

14 ‘‘(3) provide guidance for using appropriate epi15 demiological and other approaches for investigations. 

16 ‘‘(d) INVESTIGATION OF CANCER CLUSTERS.— 

17 ‘‘(1) SECRETARY DISCRETION.—The Secretary— 

18 ‘‘(A) in consultation with representatives of 

19 the relevant State and local health departments, 

20 shall consider whether it is appropriate to con21 duct an investigation of a potential cancer clus22 ter; and 

23 ‘‘(B) in conducting investigations shall have 

24 the discretion to prioritize certain potential can-
174 

•HR 2576 EAH 

1 cer clusters, based on the availability of re2 sources. 

3 ‘‘(2) COORDINATION.—In investigating potential 

4 cancer clusters, the Secretary shall coordinate with 

5 agencies within the Department of Health and 

6 Human Services and other Federal agencies, such as 

7 the Environmental Protection Agency. 

8 ‘‘(3) BIOMONITORING.—In investigating poten9 tial cancer clusters, the Secretary shall rely on all ap10 propriate biomonitoring information collected under 

11 other Federal programs, such as the National Health 

12 and Nutrition Examination Survey. The Secretary 

13 may provide technical assistance for relevant biomon14 itoring studies of other Federal agencies. 

15 ‘‘(e) DUTIES.—The Secretary shall— 

16 ‘‘(1) ensure that appropriate staff of agencies 

17 within the Department of Health and Human Serv18 ices are prepared to provide timely assistance, to the 

19 extent practicable, upon receiving a request to inves20 tigate a potential cancer cluster from a State or local 

21 health authority; 

22 ‘‘(2) maintain staff expertise in epidemiology, 

23 toxicology, data analysis, environmental health and 

24 cancer surveillance, exposure assessment, pediatric 

25 health, pollution control, community outreach, health 
175 

•HR 2576 EAH 

1 education, laboratory sampling and analysis, spatial 

2 mapping, and informatics; 

3 ‘‘(3) consult with community members as inves4 tigations into potential cancer clusters are conducted, 

5 as the Secretary determines appropriate; 

6 ‘‘(4) collect, store, and disseminate reports on in7 vestigations of potential cancer clusters, the possible 

8 causes of such clusters, and the actions taken to ad9 dress such clusters; and 

10 ‘‘(5) provide technical assistance for inves11 tigating cancer clusters to State and local health de12 partments through existing programs, such as the 

13 Epi-Aids program of the Centers for Disease Control 

14 and Prevention and the Assessments of Chemical Ex15 posures Program of the Agency for Toxic Substances 

16 and Disease Registry.’’. 

17 TITLE II—RURAL HEALTHCARE 

18 CONNECTIVITY 

19 SEC. 201. SHORT TITLE. 

20 This title may be cited as the ‘‘Rural Healthcare 

21 Connectivity Act of 2016’’. 
176 

•HR 2576 EAH 

1 SEC. 202. TELECOMMUNICATIONS SERVICES FOR SKILLED 

2 NURSING FACILITIES. 

3 (a) IN GENERAL.—Section 254(h)(7)(B) of the Com4 munications Act of 1934 (47 U.S.C. 254(h)(7)(B)) is 

5 amended— 

6 (1) in clause (vi), by striking ‘‘and’’ at the end; 

7 (2) by redesignating clause (vii) as clause (viii); 

8 (3) by inserting after clause (vi) the following: 

9 ‘‘(vii) skilled nursing facilities (as de10 fined in section 1819(a) of the Social Secu11 rity Act (42 U.S.C. 1395i–3(a))); and’’; and 

12 (4) in clause (viii), as redesignated, by striking 

13 ‘‘clauses (i) through (vi)’’ and inserting ‘‘clauses (i) 

14 through (vii)’’. 

15 (b) SAVINGS CLAUSE.—Nothing in subsection (a) shall 

16 be construed to affect the aggregate annual cap on Federal 

17 universal service support for health care providers under 

18 section 54.675 of title 47, Code of Federal Regulations, or 

19 any successor regulation. 
177 

•HR 2576 EAH 

1 (c) EFFECTIVE DATE.—The amendments made by sub2 section (a) shall apply beginning on the date that is 180 

3 days after the date of the enactment of this Act. 

Attest: 

Clerk. 
114TH CONGRESS 

2D SESSION H.R. 2576 

HOUSE AMENDMENT TO 

SENATE AMENDMENT