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[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. 3040 Introduced in Senate (IS)]

110th CONGRESS
  2d Session
                                S. 3040

  To amend the Toxic Substances Control Act to reduce the exposure of 
     children, workers, and consumers to toxic chemical substances.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                              May 20, 2008

    Mr. Lautenberg (for himself, Mr. Menendez, Mr. Whitehouse, Mrs. 
 Clinton, and Mr. Kerry) introduced the following bill; which was read 
  twice and referred to the Committee on Environment and Public Works

_______________________________________________________________________

                                 A BILL

 
  To amend the Toxic Substances Control Act to reduce the exposure of 
     children, workers, and consumers to toxic chemical substances.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Kid-Safe Chemicals Act of 2008''.

SEC. 2. FINDINGS, POLICIES, AND GOALS.

    (a) Findings.--Congress finds that--
            (1) the incidence of some diseases and disorders that have 
        been linked to chemical exposures are on the rise;
            (2) the metabolism, physiology, and exposure patterns of 
        developing fetuses, infants, and children to toxic chemicals 
        differ from those of adults, which makes children more 
        vulnerable than adults to the harmful effects of exposure to 
        some synthetic chemicals;
            (3) unlike manufacturers of pharmaceuticals and pesticides, 
        manufacturers of most chemical substances are not required 
        under current law to supply human or environmental toxicity 
        information before selling their products to the public;
            (4) consequently, the vast majority of chemicals used in 
        commercial products have never had any Federal review to 
        evaluate potential toxicity of the produces to infants, 
        children, developing fetuses, or adults;
            (5) biomonitoring tests have shown that a fetus, infant, or 
        child in the United States today often has many synthetic 
        chemicals in its blood and tissue;
            (6) certain chemicals that are persistent or slow to 
        degrade and which bioaccumulate in human bodies and wildlife 
        have been found to be increasing in the environment;
            (7) despite those alarming discoveries, the Environmental 
        Protection Agency has reviewed the human health risks of only 
        an estimated 2 percent of the 62,000 chemicals that were in use 
        in 1976, when Congress passed the Toxic Substances Control Act 
        (15 U.S.C. 2601 et seq.);
            (8) the Administrator of the Environmental Protection 
        Agency (referred to in this Act as the ``Administrator'') has 
        promulgated regulations to ban or restrict the use of only 5 
        chemical substances in 29 years, based on the excessively high 
        administrative and legal hurdles imposed by that Act;
            (9) the chemical industry is an important part of the 
        economy of the United States that has demonstrated innovation 
        in meeting environmental challenges and is taking voluntary 
        steps to help ensure that the products of the industry are 
        safe;
            (10) there is significant global trade in the chemical 
        sector and many of the companies that conduct business in the 
        United States must also comply with chemical safety regulatory 
        programs in other countries;
            (11) the data that is generated to comply with these other 
        regulatory programs would be useful in understanding hazards 
        presented in the United States; and
            (12) a fundamental overhaul of chemical management in the 
        United States is needed to build a nontoxic environment for the 
        children of the United States.
    (b) Policy.--It is the policy of the United States--
            (1) to promote children's health as a paramount national 
        goal, recognizing that developing fetuses, infants, and 
        children are uniquely vulnerable to the harmful effects of some 
        toxic chemicals during all stages of their development;
            (2) to minimize toxic substances in the environment of 
        children, workers, and consumers by--
                    (A) promoting the use of safer alternatives and 
                other actions to reduce exposure to hazardous chemicals 
                and reward business innovation;
                    (B) holding chemical manufacturers responsible for 
                providing robust health and safety data for each 
                chemical produced by the manufacturers prior to 
                distribution of that chemical substance in commerce; 
                and
                    (C) providing to the Administrator the authority to 
                allow the commercial distribution of chemical 
                substances only in cases in which data and other 
                information indicate that there is a reasonable 
                certainty that the chemical substances pose no harm to 
                human health or the environment; and
            (3) to guarantee that the public and workers have an 
        absolute right to know about the hazards and health effects of 
        the chemical substances to which they are exposed.
    (c) Goal.--It is the goal of the United States to eliminate the 
exposure of all children, workers, consumers, and sensitive subgroups 
to harmful chemicals distributed in commerce by calendar year 2020 by--
            (1) identifying the highest-priority chemical substances 
        for review by calendar year 2009;
            (2)(A) making a safety determination for, at a minimum, the 
        first 300 priority chemical substances by calendar year 2012; 
        and
            (B) banning or restricting the use of a chemical substance 
        if it cannot be demonstrated that the substance meets the 
        applicable safety standard;
            (3)(A) making a safety determination for all chemical 
        substances by calendar year 2020; and
            (B) banning or restricting the use of those substances if 
        it cannot be demonstrated that the substances meet the 
        applicable safety standard; and
            (4) encouraging the replacement of harmful chemicals with 
        safer alternatives.

SEC. 3. PROTECTION OF CHILDREN'S HEALTH FROM CHEMICAL SUBSTANCES.

    (a) In General.--The Toxic Substances Control Act (15 U.S.C. 2601 
et seq.) is amended by adding at the end the following:

                    ``TITLE V--CHILD SAFE CHEMICALS

``SEC. 501. DEFINITIONS.

    ``In this title:
            ``(1) Board.--The term `Board' means the Interagency 
        Science Advisory Board on Children's Health and Toxic 
        Substances established under section 510(a).
            ``(2) Director.--The term `Director' means the Director of 
        the National Center for Environmental Health at the Centers for 
        Disease Control and Prevention.
            ``(3) Priority list.--The term `priority list' means the 
        priority list of chemical substances developed by the 
        Administrator under section 503(b)(1).
            ``(4) Reasonable certainty.--The term `reasonable 
        certainty', with respect to the finding, in establishing a 
        safety standard, that no harm will be caused by aggregate 
        exposure of a fetus, infant, child, worker, or member of other 
        sensitive subgroup to a chemical substance, means that--
                    ``(A) for risks posed by a chemical substance with 
                a nonthreshold effect, exposure to all sources of the 
                chemical substance presents not more than a 1-in-
                1,000,000 risk of adverse effects in the population of 
                concern; and
                    ``(B) for risks posed by a chemical substance with 
                a threshold effect, as established by the Administrator 
                based on supporting data, an additional tenfold margin 
                of safety shall be applied to take into account the 
                potential vulnerability associated with in-utero, 
                infant, or childhood exposure to all sources of the 
                chemical substance.
            ``(5) Safety standard.--The term `safety standard' means, 
        with respect to a chemical substance (or another chemical 
        substance with a common mechanism of action), a standard that--
                    ``(A) provides a reasonable certainty that no harm 
                will be caused by aggregate exposure of a fetus, 
                infant, child, worker, or member of other sensitive 
                subgroup to the chemical substance; and
                    ``(B) is requisite to protect the public welfare 
                from any known or anticipated adverse effects 
                associated with the chemical substance.
            ``(6) Toxicological property.--
                    ``(A) In general.--The term `toxicological 
                property' means actual or potential toxicity, 
                bioconcentration, or other biological or adverse 
                effects of a chemical substance.
                    ``(B) Inclusions.--The term `toxicological 
                property' includes actual or potential effects of 
                exposure to a chemical substance on--
                            ``(i) mortality;
                            ``(ii) morbidity;
                            ``(iii) reproduction;
                            ``(iv) development;
                            ``(v) the immune system;
                            ``(vi) the endocrine system;
                            ``(vii) the brain or nervous system; or
                            ``(viii) any other biological functions in 
                        humans or animals.

``SEC. 502. MANUFACTURER SAFETY CERTIFICATIONS FOR EXISTING CHEMICALS 
              IN COMMERCE.

    ``(a) Safety Statement and Information.--Not later than 1 year 
after the date of enactment of this title, each manufacturer of a 
chemical substance distributed in commerce shall submit to the 
Administrator--
            ``(1) a statement signed by the chief executive officer of 
        the manufacturer certifying, based on available information 
        after a good faith inquiry, that--
                    ``(A) the chemical substance meets the safety 
                standard for the chemical substance; or
                    ``(B) there are insufficient data to determine 
                whether the chemical substance meets that safety 
                standard; and
            ``(2) all reasonably available information in the 
        possession or control of the manufacturer that has not 
        previously been submitted to the Administrator regarding the 
        physical, chemical, and toxicological properties of the 
        chemical substance, including the annual production volume and 
        known uses of, and exposure and fate information relating to, 
        the chemical substance.
    ``(b) Updating of Information.--Each manufacturer of a chemical 
substance described in subsection (a) shall update and submit to the 
Administrator the information described in subsection (a)(2)--
            ``(1) at a minimum, every 3 years; and
            ``(2) at any time at which there becomes available 
        significant new information regarding a physical, chemical, or 
        toxicological property of, or exposure to, the chemical 
        substance, including, at a minimum, any information that--
                    ``(A) demonstrates a new potential toxic effect of 
                the chemical substance;
                    ``(B) corroborates previous information 
                demonstrating or suggesting a toxic effect; or
                    ``(C) suggests a toxic effect at a lower dose than 
                previously demonstrated.

``SEC. 503. PRIORITY LIST OF CHEMICAL SUBSTANCES FOR EPA SAFETY 
              DETERMINATION.

    ``(a) Categorization.--Not later than 5 years after the date of 
enactment of this title, the Administrator shall publish in the Federal 
Register a list of all chemical substances distributed in commerce that 
categorizes the chemical substances, based on existing information 
available to the Administrator, into 1 or more of the following 
categories:
            ``(1) Chemical substances that meet 1 or more of the 
        criteria described in subsection (c), with each such enumerated 
        criterion being a separate category.
            ``(2) Chemical substances for which available information 
        is insufficient to determine whether the chemical substances 
        meet any of the criteria referred to in paragraph (1).
    ``(b) Priority List.--
            ``(1) In general.--Not later than 18 months after the date 
        of enactment of this title, the Administrator shall develop and 
        publish a priority list of not less than 300 chemical 
        substances for which safety determinations under section 504 
        shall first be made.
            ``(2) Updating of list.--The Administrator shall add at 
        least 200 chemical substances to the priority list annually 
        until all chemical substances that meet the criteria described 
        in subsection (c) have been added to the priority list.
            ``(3) Petition.--Not later than 180 days after the date on 
        which the Administrator receives from any individual or entity 
        a petition to nominate a chemical substance for addition to the 
        priority list, the Administrator shall determine whether to add 
        the nominated chemical substance to the priority list.
    ``(c) Criteria for Identifying Prioritized Chemical Substances.--In 
developing or updating the priority list, the Administrator shall take 
into account all relevant data with respect to chemical substances 
considered for inclusion on the priority list, including whether a 
chemical substance--
            ``(1) or the metabolite or degradation byproduct of the 
        chemical substance, is found in human blood, fluids, or tissue, 
        unless the chemical substance is not synthetic and is naturally 
        present at the level commonly found in blood, fluids, or 
        tissue;
            ``(2) is found in food, drinking water, or indoor air, 
        unless the chemical substance is not synthetic and is naturally 
        present at the level commonly found in food, drinking water, or 
        indoor air;
            ``(3) is manufactured or discharged into the environment at 
        a volume of more than 1,000,000 pounds annually;
            ``(4) is a known or suspected reproductive, neurological, 
        or immunological toxicant, carcinogen, mutagen, or endocrine 
        disruptor, or causes negative developmental effects or has 
        other toxicological properties of concern; or
            ``(5) is persistent or bioaccumulative.
    ``(d) Treatment as Final Agency Action; Nondiscretionary Duty.--
            ``(1) Treatment as final agency action.--Neither 
        categorization of a chemical substance under subsection (a), 
        nor inclusion of a chemical substance on the priority list, 
        shall be considered to be a final agency action for the purpose 
        of subchapter II of chapter 5, and chapter 7, of title 5, 
        United States Code (commonly known as `the Administrative 
        Procedure Act').
            ``(2) Nondiscretionary duty.--The failure of the 
        Administrator to categorize chemical substances or issue or 
        update the priority list in accordance with this section shall 
        be considered to be a failure to perform a nondiscretionary 
        duty.

``SEC. 504. EPA SAFETY STANDARD DETERMINATION FOR CHEMICAL SUBSTANCES.

    ``(a) In General.--
            ``(1) Risk.--The Administrator shall interpret a reasonable 
        certainty of no harm under this section to mean that--
                    ``(A) for risks posed by chemical substances with 
                nonthreshold effects, aggregate exposure to the 
                chemical substance presents not more than a 1 in 
                1,000,000 risk of adverse effects in the population of 
                concern; and
                    ``(B) for risks posed by chemical substances with 
                threshold effects, an additional tenfold margin of 
                safety shall be applied to take into account the 
                potential vulnerability associated with in-utero, 
                infant, or childhood exposure to all sources of the 
                chemical substance.
            ``(2) Assumption.--The Administrator shall not assume a 
        threshold exposure level for any adverse effect of a chemical 
        substance unless the Administrator determines that the 
        manufacturer has established the existence of a threshold level 
        for the adverse effect for the chemical substance.
    ``(b) Safety Determination.--
            ``(1) Priority chemicals.--
                    ``(A) In general.--Not later than 3 years after the 
                date on which a chemical substance is placed on the 
                priority list, the Administrator--
                            ``(i) beginning with the 300 chemical 
                        substances first listed on the priority list, 
                        shall determine whether the manufacturer of 
                        each chemical substance has established that 
                        the chemical substance meets the safety 
                        standard; and
                            ``(ii) in making that determination, may 
                        consider any risk reduction achieved pursuant 
                        to section 507.
                    ``(B) Interim standards.--
                            ``(i) Notice of pending determination.--If 
                        the Administrator fails to act by an applicable 
                        deadline under subparagraph (A), a manufacturer 
                        of a chemical substance affected by the failure 
                        to act shall issue to the Administrator, the 
                        public, and each known customer of the chemical 
                        substance a written notice that a determination 
                        by the Administrator of the safety of the 
                        chemical substance is pending.
                            ``(ii) Failure of administrator to act.--
                        Not later than 5 years after the date on which 
                        a chemical substance is placed on the priority 
                        list, if the Administrator has not made a 
                        determination under subparagraph (A) with 
                        respect to the chemical substance, the chemical 
                        substance shall not be manufactured, imported, 
                        or distributed in commerce.
            ``(2) Other chemical substances.--Not later than 15 years 
        after the date of enactment of this title, and every 15 years 
        thereafter, the Administrator shall assess, or reassess, as the 
        case may be, whether the manufacturer of each chemical 
        substance distributed in commerce as of that date has 
        established that the chemical substance meets the safety 
        standard.
            ``(3) New chemical substances.--As of the date that is 90 
        days after the date of enactment of this title, no new chemical 
        substance shall be distributed in commerce unless the 
        Administrator determines that the manufacturer of the chemical 
        substance has established that the chemical substance meets the 
        safety standard, as determined by the Administrator.
            ``(4) New information.--The Administrator may redetermine 
        whether a manufacturer of a chemical substance distributed in 
        commerce has established that the chemical substance meets the 
        safety standard if, in the judgment of the Administrator, new 
        information raises a credible question as to whether the 
        chemical substance continues to meet the safety standard.
    ``(c) Information.--In making a determination with respect to a 
chemical substance under subsection (b), the Administrator, based upon 
the information collected under subsection (b), shall take into 
account--
            ``(1) environmental fate and transport of the chemical 
        substance, including--
                    ``(A) degradation;
                    ``(B) persistence in the environment;
                    ``(C) mobility; and
                    ``(D) distribution across environmental media;
            ``(2) biological fate and transport of the chemical 
        substance, including--
                    ``(A) metabolism;
                    ``(B) bioaccumulation and biomagnification 
                potential; and
                    ``(C) toxicokinetics;
            ``(3) acute, subchronic, and chronic human health effects 
        of exposure to the chemical substance, including reproductive, 
        developmental, genotoxic, neurotoxic, immunotoxic, and 
        endocrine-disrupting effects;
            ``(4) the potential for additive or synergistic effects to 
        result from exposure to multiple chemical substances;
            ``(5) the ecotoxicity of the chemical substance to avian, 
        terrestrial, and aquatic species;
            ``(6) the presence of the chemical substance in, at a 
        minimum--
                    ``(A) human blood, fluids, and tissue; and
                    ``(B) food, drinking water, and indoor air;
            ``(7) the uses of the chemical substance and associated 
        known and potential releases and exposures;
            ``(8) the potential effects of the chemical substance 
        resulting from low-dose exposures;
            ``(9) the timing of exposure during sensitive stages of 
        human development; and
            ``(10) the size, shape, and surface properties, and any 
        other physical characteristics, of the chemical substance that 
        may effect the toxicity, hazards, or exposure of the chemical 
        substance.

``SEC. 505. ADDRESSING PRENATAL EXPOSURES.

    ``(a) Monitoring Prenatal Exposure.--If, through studies performed 
pursuant to section 506(d) or by other means, the Administrator 
identifies a chemical substance that may be present in human blood, 
fluids, or tissue, the Administrator shall arrange for the Director to 
conduct, not later than 2 years after the date on which the 
Administrator makes the identification, a biomonitoring study to 
determine the presence of the chemical substance in human cord blood.
    ``(b) Publication.--Upon completion of the study conducted under 
subsection (a)--
            ``(1) the Director shall inform the Administrator of the 
        results of the study; and
            ``(2) the Administrator shall publish the results on the 
        Internet.
    ``(c) Priority List Chemical Substances Found in Human Cord 
Blood.--
            ``(1) In general.--Any chemical substance that is on the 
        priority list because the chemical substance meets criteria 
        described in paragraph (4) or (5) of section 503(c) and is 
        found to be present in human cord blood under this section 
        shall be presumed by the Administrator to have failed to meet 
        the safety standard under section 504.
            ``(2) Rebuttal.--The presumption under paragraph (1) may be 
        rebutted only if the Administrator determines that the chemical 
        substances meets the safety standard under section 504.

``SEC. 506. COLLECTION OF CHEMICAL SAFETY INFORMATION.

    ``(a) In General.--On receipt of a request from the Administrator, 
a manufacturer of a chemical substance shall provide to the 
Administrator all information requested under this section.
    ``(b) Minimum Data Requirements.--
            ``(1) In general.--Not later than 180 days after the date 
        of enactment of this title, the Administrator shall establish 
        minimum data requirements that would ensure that determinations 
        under section 504 are based on sufficient and reliable data.
            ``(2) Requirements.--The minimum data requirements shall--
                    ``(A) at a minimum, require the submission of 
                information sufficient to determine whether a chemical 
                substance has the potential--
                            ``(i) to persist or bioaccumulate in humans 
                        or nonhuman organisms;
                            ``(ii) to cause skin irritation or skin 
                        sensitization;
                            ``(iii) to cause mutations, cytogenicity, 
                        or chromosomal aberrations;
                            ``(iv) to cause acute or chronic toxicity 
                        in humans;
                            ``(v) to cause reproductive or 
                        developmental toxicity in humans;
                            ``(vi) to cause acute or chronic toxicity 
                        in aquatic organisms;
                            ``(vii) to persist in the environment; or
                            ``(viii) to degrade into substances that 
                        have the potential to exhibit any of the 
                        effects described in clauses (i) through (vii); 
                        and
                    ``(B) include the requirement to submit--
                            ``(i) production, processing, use, and 
                        exposure-related information;
                            ``(ii) an assessment of the number of 
                        workers reasonably likely to be exposed to the 
                        chemical substance at the site of manufacture; 
                        and
                            ``(iii) a description of the commercial and 
                        consumer uses of the chemical substance.
    ``(c) Tiering Process.--The Administrator may develop a tiering 
process for use in the submission of the information under this 
section.
    ``(d) Biomonitoring.--
            ``(1) In general.--Not later than 2 years after the date of 
        enactment of this title, and every 3 years thereafter, the 
        Director shall, at the expense of manufacturers of chemical 
        substances, carry out a biomonitoring study to determine the 
        presence in human blood, fluids, or tissue for any chemical 
        substance that is--
                    ``(A) manufactured in quantities greater than 
                1,000,000 pounds during 1 calendar year; or
                    ``(B) distributed in commerce--
                            ``(i) to which humans are exposed; and
                            ``(ii) for which there is cause for concern 
                        regarding the exposure (as determined by the 
                        Administrator), such as a potential for 
                        persistence or bioaccumulation of the chemical 
                        substance.
            ``(2) User fee.--Not later than 1 year after the date of 
        enactment of this title, the Director shall establish a user 
        fee program to ensure that the manufacturer of a chemical 
        substance provides the necessary funds to carry out a 
        biomonitoring study for the chemical substance pursuant to 
        paragraph (1).
            ``(3) Standard.--The Administrator shall by regulation 
        establish a standard for biomonitoring studies under this 
        subsection that includes--
                    ``(A) the use of a representative sample that 
                ensures that likely exposed populations, including 
                children, are oversampled; and
                    ``(B) a determination of appropriate detection 
                levels of chemical substances.
            ``(4) Substance detection.--A manufacturer of a chemical 
        substance that is subject to paragraph (1) shall make available 
        to the public a practicable method (as determined by the 
        Administrator) for use in detecting the presence of the 
        chemical substance (or any metabolite of the chemical 
        substance) in human blood, fluids, and tissue.

``SEC. 507. REDUCTION OF HEALTH HAZARDS FOR CHILDREN, WORKERS, AND 
              CONSUMERS.

    ``(a) Market Restrictions.--No person shall manufacture, import, or 
distribute in commerce a chemical substance if--
            ``(1) the Administrator determines that the person failed 
        to act in accordance with section 502 or section 506; or
            ``(2) the Administrator determines that the chemical 
        substance does not meet the applicable safety standard.
    ``(b) Use Exemptions.--
            ``(1) In general.--In any case in which a chemical 
        substance does not meet the safety standard because of an 
        aggregation of exposure, the Administrator, upon receipt of a 
        petition or upon the initiative of the Administrator, may allow 
        manufacturing for a specified use of the chemical substance if 
        the Administrator determines that the manufacturer has 
        established that the use meets the safety standard on an 
        ongoing and verifiable basis.
            ``(2) Considerations.--In making a determination under 
        paragraph (1), the Administrator shall consider exposures 
        pursuant to other use exemptions issued by the Administrator.
            ``(3) Limitation.--
                    ``(A) In general.--Except as provided in 
                subparagraph (B), a use exemption issued under this 
                subsection shall remain in effect for not longer than 5 
                years.
                    ``(B) Subsequent use exemptions.--The Administrator 
                may issue subsequent use exemptions that may remain in 
                effect for not longer than 5 years.
    ``(c) Unsafe Chemical Substances Found in Products.--The 
Administrator may prohibit a specified use of a chemical substance in 
consumer products if, after providing public notice and an opportunity 
for comment, the Administrator determines that the use of the product 
in the home results in human exposure that does not meet the safety 
standard.
    ``(d) Other Exemption.--
            ``(1) In general.--The President, in a nondelegable 
        capacity, may make an exemption from this section for a 
        specific use of a chemical substance for a period of not to 
        exceed 5 years if, after providing public notice and an 
        opportunity for comment, the President determines that--
                    ``(A) an exemption is in the paramount interest of 
                national security, or the lack of availability of the 
                chemical substance would cause significant disruption 
                in the national economy; and
                    ``(B) no feasible alternative for the specified use 
                of the chemical substance is available.
            ``(2) Renewability.--The President may renew an exemption 
        under paragraph (1) for 1 or more additional 5-year periods if 
        the President concludes, after providing public notice and an 
        opportunity for comment, that a renewal is necessary.
            ``(3) Public notice.--If the President grants an exemption 
        for a chemical substance under this subsection--
                    ``(A) the manufacturer of the chemical substance 
                shall provide notice of the exemption to each known 
                customer of the manufacturer; and
                    ``(B) the President shall provide the public with a 
                notice of the exemption.
    ``(e) Other Agency Rulemakings.--The Administrator shall consider 
any safety determination for a chemical substance pursuant to section 
504, and any market restriction and use exemption pursuant to this 
section, in the exercise of other relevant agency rulemakings.

``SEC. 508. ANIMAL TESTING ALTERNATIVES.

    ``(a) Alternatives to Animal Testing.--
            ``(1) In general.--To minimize the use of animal testing of 
        chemical substances, the Administrator shall--
                    ``(A) require the use, where practicable, of--
                            ``(i) existing data to fill data gaps by 
                        calling for mandatory disclosure of all 
                        existing data, and thoroughly investigating 
                        sources of existing data;
                            ``(ii) replacement alternatives that--
                                    ``(I) do not involve the use of an 
                                animal to test the chemical substance; 
                                and
                                    ``(II) provide information that is 
                                equivalent in scientific quality to the 
                                animal testing method; and
                            ``(iii) reduction alternatives that use 
                        fewer animals than conventional animal-based 
                        tests when replacement alternatives are 
                        impracticable, including the use of tests that 
                        combine 2 or more endpoints;
                    ``(B) encourage, where practicable--
                            ``(i) the grouping of similar chemicals 
                        into categories to limit testing to only those 
                        chemicals which are representative of the 
                        group; and
                            ``(ii) the forming of industry consortia to 
                        jointly conduct testing to avoid duplication of 
                        tests; and
                    ``(C) fund research and validation studies to 
                reduce and replace the use of animal tests in 
                accordance with this paragraph.
            ``(2) List of alternative testing methods.--Not later than 
        1 year after the date of enactment of this title, and 
        triennially thereafter, the Administrator, in consultation with 
        the Board, shall publish a list of the alternative testing 
        methods described in paragraph (1).
    ``(b) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section $5,000,000.

``SEC. 509. SAFER ALTERNATIVES AND GREEN CHEMISTRY.

    ``(a) Safer Alternatives Program.--
            ``(1) In general.--Not later than 1 year after the date of 
        enactment of this title, the Administrator shall establish a 
        program to create market incentives for the development of 
        safer alternatives to existing chemical substances.
            ``(2) Requirements.--The program under paragraph (1) shall 
        include--
                    ``(A) expedited review of new chemical substances 
                for which the manufacturer submits an alternatives 
                analysis indicating that the new chemical substance is 
                the safer alternative for a particular use than 
                existing chemical substances used for the same purpose;
                    ``(B) recognition for a chemical substance 
                determined by the Administrator to be a safer 
                alternative for a particular use by means of a special 
                designation intended for use in marketing the safer 
                alternative, and periodic public awards; and
                    ``(C) such other incentives as the Administrator 
                considers to be appropriate to encourage the 
                development, marketing, and use of chemical substances 
                determined by the Administrator to be safer 
                alternatives for the particular uses.
    ``(b) Green Chemistry Research and Clearinghouse Network.--
            ``(1) In general.--The Administrator shall establish a 
        network of not less than 4 green chemistry and technology 
        research and clearinghouse centers, located in various regions 
        of the United States, to support the development and adoption 
        of safer alternatives to chemical substances, particularly 
        chemical substances placed on the priority list.
            ``(2) Requirements.--The research and clearinghouse centers 
        described in paragraph (1) shall--
                    ``(A) provide technical assistance relating to 
                alternatives analysis, green chemistry, and green 
                technology techniques to small and medium-sized 
                manufacturers of chemical substances;
                    ``(B) provide technical training relating to 
                alternatives analysis, green chemistry, chemicals 
                policy, and green technology techniques to students and 
                professionals;
                    ``(C) conduct alternatives analysis, green 
                chemistry, and green technology research; and
                    ``(D) provide grants to promote and support the 
                research, development, adoption, and use of 
                alternatives to the activities identified in 
                subparagraphs (A), (B), and (C).

``SEC. 510. INTERAGENCY SCIENCE ADVISORY BOARD ON CHILDREN'S HEALTH AND 
              TOXIC SUBSTANCES.

    ``(a) Establishment.--
            ``(1) In general.--Not later than 90 days after the date of 
        enactment of this title, the Administrator shall establish an 
        advisory board, to be known as the `Interagency Science 
        Advisory Board on Children's Health and Toxic Substances'.
            ``(2) Composition.--The Board shall be composed of, at a 
        minimum, representatives of--
                    ``(A) the National Institute of Environmental 
                Health Sciences;
                    ``(B) the Centers for Disease Control and 
                Prevention;
                    ``(C) the National Toxicology Program;
                    ``(D) the National Cancer Institute;
                    ``(E) the National Tribal Science Council; and
                    ``(F) not fewer than 3 centers of children's health 
                at leading universities.
    ``(b) Purposes.--The purposes of the Board shall be--
            ``(1) to provide independent advice and peer review to the 
        Administrator and Congress on the scientific and technical 
        aspects of problems and issues relating to the requirements of 
        this title;
            ``(2) to review the scientific and technical basis for the 
        standards, rules, guidance, and other science-based decisions 
        under this title, including the provision of expert 
        consultation and advice to the Administrator; and
            ``(3) to reduce the duplication of the efforts by 
        manufacturers to--
                    ``(A) comply with this title; and
                    ``(B) reduce the testing of chemical substances on 
                animals.

``SEC. 511. COOPERATION WITH INTERNATIONAL EFFORTS.

    ``In cooperation with the Secretary of State and the head of any 
other appropriate Federal agency (as determined by the Administrator), 
the Administrator shall cooperate with any international effort--
            ``(1) to develop a common protocol or electronic database 
        relating to chemical substances; or
            ``(2) to develop safer alternatives for chemical 
        substances.

``SEC. 512. PUBLIC ACCESS TO INFORMATION.

    ``(a) Transmission to Administrator.--Each Federal agency and 
Federal institution shall submit to the Administrator all information 
provided to the Federal agency or institution relating to a hazard of, 
or risk of exposure to, a chemical substance.
    ``(b) Electronic Database.--Not later than 1 year after the date of 
enactment of this title, the Administrator, in collaboration with 
interested parties, shall establish--
            ``(1) a consistent format for the submission of data to an 
        electronic, Internet-accessible database for storing and 
        sharing of information relating to the toxicity and use of, and 
        exposure to, chemical substances; and
            ``(2) procedures for use in maintaining the database.
    ``(c) Public Access.--Not later than 18 months after the date of 
enactment of this title, the Administrator shall make available to the 
public via the Internet-accessible database described in subsection 
(b)(1)--
            ``(1) any information provided to the Administrator 
        relating to the properties and hazards of a chemical substance; 
        and
            ``(2) any other nonconfidential information relating to a 
        chemical substance that is provided to the Administrator.
    ``(d) Reliable Information.--The Administrator shall establish and 
implement procedures to ensure data reliability that include--
            ``(1) not less than 1 time each year, the Administrator 
        shall randomly inspect not less than 3 percent of the 
        commercial and private laboratories which develop the data 
        required by the title on the various properties and 
        characteristics of a chemical substance;
            ``(2) annually, the Administrator shall perform a 
        comprehensive data audit on a statistically significant number 
        of the data submissions submitted by manufacturers under this 
        title;
            ``(3) the Administrator shall establish and maintain a 
        registry of all health and safety related-studies initiated in 
        response to requirements or information requests made under 
        this title to ensure that results of all initiated studies are 
        reported and made available to the Administrator, along with 
        details of the method utilized in each study; and
            ``(4) the Administrator shall have access to all records of 
        privately sponsored health and safety-related studies initiated 
        in response to requirements or information requests made under 
        this title.

``SEC. 513. CONFIDENTIAL BUSINESS INFORMATION.

    ``(a) In General.--If a manufacturer of a chemical substance 
submits to the Administrator or any other Federal agency or institution 
any information that the manufacturer requests be treated as 
confidential business information (as defined in section 350.27 of 
title 40, Code of Federal Regulations (as in effect on the date of 
enactment of this title)), the chief executive officer of the 
manufacturer shall, at the time the information is submitted, provide 
to the Administrator--
            ``(1)(A) a written statement that identifies the specific 
        information to which the request applies;
            ``(B) a justification indicating the particular reasons why 
        the information needs to be kept confidential; and
            ``(C) any other documentation required pursuant to 
        subsection (b)(1);
            ``(2) the period of time for which the information is 
        requested to be kept confidential, including a justification 
        for the specified time period; and
            ``(3) certification that the information is not otherwise 
        publicly available.
    ``(b) Duties of the Administrator.--The Administrator shall--
            ``(1) not later than 1 year after the date of enactment of 
        this title, develop and make publicly available standards that 
        specify--
                    ``(A) the acceptable bases on which requests to 
                keep submitted information confidential may be made; 
                and
                    ``(B) the documentation that must accompany those 
                requests;
            ``(2) not later than 90 days after the date of receipt of 
        information under subsection (a)--
                    ``(A) review all requests to keep the submitted 
                information confidential; and
                    ``(B) decide whether to accept or reject each such 
                request based on whether the request and accompanying 
                documentation comply with the standards developed under 
                paragraph (1); and
            ``(3) if such a request is accepted, specify a time period 
        of not greater than 5 years for which the request is granted, 
        and after which period the information will no longer be kept 
        confidential unless a new request for confidentiality is 
        submitted to and accepted by the Administrator under this 
        section.
    ``(c) Access to Confidential Business Information by Other 
Governments.--
            ``(1) In general.--Confidential business information 
        received by the Administrator shall be made available upon 
        request to a State, tribal, or municipal government--
                    ``(A) for the purpose of administration or 
                enforcement of a law; and
                    ``(B) in accordance with any applicable agreements 
                that ensure that the recipient government takes 
                appropriate steps to maintain the confidentiality of 
                the information in accordance with this section and 
                section 350.27 of title 40, Code of Federal Regulations 
                (as in effect on the date of enactment of this title).
            ``(2) Other information.--The Administrator shall make 
        available to a State, tribal, or local government information 
        identifying the location of the manufacture, processing, or 
        storage of a chemical substance upon the request of the 
        government.
    ``(d) Information From Foreign Countries.--Except as provided in 
subsection (c), any information provided to the Administrator by an 
officer or employee of a foreign government shall be considered to be 
confidential business information, if the information is considered to 
be confidential business information by the officer or employee of the 
foreign government.
    ``(e) Nonconfidential Information.--The name of a chemical 
substance, and all information concerning the effects of the chemical 
substance on human health or the environment, shall not be considered 
to be confidential business information under this section.

``SEC. 514. RELATIONSHIP TO OTHER LAW.

    ``Nothing in this title affects the right of a State or political 
subdivision of a State to adopt or enforce any regulation, requirement, 
liability, or standard of performance that is more stringent than a 
regulation, requirement, liability, or standard of performance 
established by this title.''.
    (b) Effect of Section.--Notwithstanding the amendment made by 
subsection (a), any regulation promulgated (including any prohibition 
or restriction issued) under the provisions repealed by that subsection 
before the date of enactment of this Act shall remain in effect until 
the date on which the Administrator of the Environmental Protection 
Agency promulgates new regulations under title V of the Toxic 
Substances Control Act (15 U.S.C. 2601 et seq.) (as added by subsection 
(a)).
    (c) Conforming Amendments.--
            (1) Testing of chemical substances and mixtures.--Section 4 
        of the Toxic Substances Control Act (15 U.S.C. 2603) is 
        amended--
                    (A) in subsection (f), in the matter following 
                paragraph (2), by inserting ``, or title V,'' after 
                ``section 5, 6, or 7''; and
                    (B) in subsection (g), in the first sentence, by 
                inserting ``or title V'' after ``section 5(a)''.
            (2) Manufacturing and processing notices.--Section 5 of the 
        Toxic Substances Control Act (15 U.S.C. 2604) is amended--
                    (A) in subsection (b)--
                            (i) in paragraph (1)(A)(ii), by inserting 
                        ``or title V'' after ``section 4''; and
                            (ii) in paragraph (2)(A)(ii), by inserting 
                        ``or title V'' after ``section 4'';
                    (B) in subsection (d)(2)(C), by inserting ``or 
                title V'' after ``section 4'';
                    (C) in subsection (e)(2)(D), in the first sentence, 
                by inserting ``or title V'' after ``section 6(a)'';
                    (D) in subsection (f)--
                            (i) in paragraph (1), by inserting ``or 
                        title V'' after ``section 6'';
                            (ii) in paragraph (2), in the matter 
                        preceding subparagraph (A), by inserting ``or 
                        title V'' after ``section 6(a)''; and
                            (iii) in paragraph (3)(B), by inserting 
                        ``or title V'' after ``section 6''; and
                    (E) in subsection (g), by inserting ``, or title 
                V,'' after ``section 6 or 7''.
            (3) Imminent hazards.--Section 7 of the Toxic Substances 
        Control Act (15 U.S.C. 2606) is amended--
                    (A) in subsection (a)--
                            (i) in paragraph (1), in the matter 
                        following subparagraph (C)--
                                    (I) by striking ``section 4, 5, 6, 
                                or title IV'' and inserting ``section 
                                4, 5, or 6, or title IV or V,''; and
                                    (II) by striking ``section 5 or 
                                title IV'' and inserting ``section 5 or 
                                title IV or V''; and
                            (ii) in paragraph (2), by inserting ``title 
                        V or'' before ``section 6(a)''; and
                    (B) in subsection (f), in the second sentence, by 
                inserting ``or title V'' after ``section 6''.
            (4) Reporting and retention of information.--Section 8 of 
        the Toxic Substances Control Act (15 U.S.C. 2607) is amended--
                    (A) in subsection (a)(3)(A)(ii)--
                            (i) in subclause (I), by inserting ``or 
                        title V,'' after ``or 6,''; and
                            (ii) in subclause (II), by inserting ``or 
                        title V'' after ``section 5 or 7''; and
                    (B) in subsection (b)(1)--
                            (i) in the first sentence, by striking 
                        ``section 5 or subsection (a) of this section'' 
                        and inserting ``subsection (a), section 5, or 
                        title V''; and
                            (ii) in the second sentence, by inserting 
                        ``or title V'' after ``section 5''.
            (5) Relationship to other federal laws.--Section 9(a) of 
        the Toxic Substances Control Act (15 U.S.C. 2608(a)) is 
        amended--
                    (A) in paragraph (2), in the matter following 
                subparagraph (B), by inserting ``or title V'' after 
                ``section 6 or 7''; and
                    (B) in paragraph (3), by inserting ``or title V'' 
                after ``section 6 or 7''.
            (6) Exports.--Section 12 of the Toxic Substances Control 
        Act (15 U.S.C. 2611) is amended--
                    (A) in subsection (a)(2), by inserting ``or title 
                V'' after ``section 4''; and
                    (B) in subsection (b)--
                            (i) in paragraph (1), by inserting ``or 
                        title V'' after ``section 4 or 5(b)''; and
                            (ii) in paragraph (2)--
                                    (I) by inserting ``or title V'' 
                                after ``issued under section 5'';
                                    (II) by inserting ``or title V'' 
                                after ``section 5 or 6''; and
                                    (III) by inserting ``or title V'' 
                                after ``section 5 or 7''.
            (7) Entry into customs territory of the united states.--
        Section 13(a)(1) of the Toxic Substances Control Act (15 U.S.C. 
        2612(a)(1)) is amended by striking subparagraph (B) and 
        inserting the following:
                    ``(B) the substance, mixture, or article is offered 
                for entry in violation of section 5, 6, or 7, or title 
                IV or V.''.
            (8) Disclosure of data.--Section 14(b)(1)(A)(ii) of the 
        Toxic Substances Control Act (15 U.S.C. 2613(b)(1)(A)(ii)) is 
        amended by striking ``for which testing'' and all that follows 
        through ``section 5,'' and inserting ``for which testing or a 
        notification is required under section 4 or 5 or title V;''.
            (9) Prohibited acts.--Section 15 of the Toxic Substances 
        Control Act (15 U.S.C. 2614) is amended--
                    (A) by striking paragraph (1) and inserting the 
                following:
            ``(1) fail or refuse to comply with any rule or requirement 
        under section 4, 5, or 6, or title II or V; and''; and
                    (B) in paragraph (2), by striking ``violation of 
                section 5'' and all that follows through ``section 5 or 
                7'' and inserting ``violation of section 5, 6, or 7, or 
                title V''.
            (10) Specific enforcement and seizure.--Section 17(a)(1) of 
        the Toxic Substances Control Act (15 U.S.C. 2616(a)(1)) is 
        amended--
                    (A) by striking subparagraph (B) and inserting the 
                following:
                    ``(B) restrain any person from taking an action 
                prohibited under section 5 or 6, or title IV or V; 
                and'';
                    (B) in subparagraph (D), by striking ``direct any 
                manufacturer'' and all that follows through ``and 
                distributed in commerce'' and inserting ``direct any 
                manufacturer or processor of a chemical substance, 
                mixture, or project subject to title IV or V 
                manufactured or processed in violation of a rule, 
                order, or requirement under section 5 or 6 or title IV 
                or V, and distributed in commerce''.
            (11) Preemption.--Section 18 of the Toxic Substances 
        Control Act (15 U.S.C. 2617) is amended to read as follows:

``SEC. 18. PREEMPTION.

    ``Nothing in this Act affects the authority of a State or political 
subdivision of a State to establish or continue in effect any 
regulation of a chemical substance, mixture, or article containing a 
chemical substance or mixture.''.
            (12) Judicial review.--Section 19 of the Toxic Substances 
        Control Act (15 U.S.C. 2618) is amended--
                    (A) in subsection (a)--
                            (i) in paragraph (1)--
                                    (I) in subparagraph (A), in the 
                                first sentence, by striking ``title II 
                                or IV'' and inserting ``title II, IV, 
                                or V''; and
                                    (II) in subparagraph (B), by 
                                inserting ``or title V'' after 
                                ``section 6(b)(1)''; and
                            (ii) in paragraph (3), by striking 
                        subparagraph (B) and inserting the following:
                    ``(B) with respect to a rule or finding under 
                section 4, 5, or 6, or title IV or V, the finding 
                required for the issuance of the rule;''; and
                    (B) in subsection (c)(1)(B)--
                            (i) in clause (i), by inserting ``, or 
                        title V,'' after ``6(e)''; and
                            (ii) in clause (iii)(I), by striking 
                        ``section 6(c)(1), or'' and inserting ``section 
                        6(c)(1) or title V; or''.
            (13) Citizens' civil actions.--Section 20(a)(1) of the 
        Toxic Substances Control Act (15 U.S.C. 2619(a)(1)) is amended 
        by striking ``title II or IV'' each place it appears and 
        inserting ``title II, IV, or V''.
            (14) Citizens' petitions.--Section 21 of the Toxic 
        Substances Control Act (15 U.S.C. 2620) is amended--
                    (A) in subsection (a), by striking ``a rule under'' 
                and all that follows through ``section 6(b)(2)'' and 
                inserting ``a rule or order under section 4, 5, 6, or 
                8, or title V''; and
                    (B) in subsection (b)--
                            (i) in paragraph (1), by striking ``a rule 
                        under'' and all that follows through ``section 
                        6(b)(1)(B)'' and inserting ``a rule or order 
                        under section 4, 5, 6, or 8, or title V'';
                            (ii) in paragraph (3), in the first 
                        sentence, by inserting ``, or title V'' after 
                        ``section 4, 5, 6, or 8''; and
                            (iii) in paragraph (4)(B)--
                                    (I) in the matter preceding clause 
                                (i), by striking ``section 4'' and all 
                                that follows through ``section 
                                6(b)(2)'' and inserting ``rule or order 
                                under section 4, 5, 6, or 8, or title 
                                V'';
                                    (II) in clause (i), by striking ``a 
                                rule under'' and all that follows 
                                through ``section 5(e)'' and inserting 
                                ``a rule or order under section 4 or 5 
                                or title V''; and
                                    (III) in clause (ii), by striking 
                                ``under section 6'' and all that 
                                follows through ``section 6(b)(2)'' and 
                                inserting ``or order under section 6 or 
                                8 or title V''.
            (15) Employment effects.--Section 24 of the Toxic 
        Substances Control Act (15 U.S.C. 2623) is amended--
                    (A) by striking subsection (a) and inserting the 
                following:
    ``(a) In General.--The Administrator shall evaluate, on a 
continuing basis, the potential effects on employment (including 
reductions in employment or loss of employment from threatened plant 
closures) of each rule, order, and requirement under sections 4, 5, and 
6, and title V.''; and
                    (B) in subsection (b)--
                            (i) in paragraph (1), in the matter 
                        following subparagraph (B), by striking ``a 
                        rule or order'' and all that follows through 
                        ``section 5 or 6'' and inserting ``a rule, 
                        order, or requirement under section 4, 5, or 6, 
                        or title V''; and
                            (ii) in paragraph (2)(B)(ii), by striking 
                        ``section 6(c)(3), and'' and inserting 
                        ``section 6(c)(3) and title V; and''.
            (16) Administration of the act.--Section 26(b)(1) of the 
        Toxic Substances Control Act (15 U.S.C. 2625(b)(1)) is amended 
        by inserting ``or title V'' after ``section 4 or 5'' each place 
        it appears.
            (17) Development and evaluation of test methods.--Section 
        27(a) of the Toxic Substances Control Act (15 U.S.C. 2626(a)) 
        is amended by inserting ``or title V'' after ``section 4'' each 
        place it appears.
            (18) Annual report.--Section 30 of the Toxic Substances 
        Control Act (15 U.S.C. 2629) is amended--
                    (A) in paragraph (1), by inserting ``and title V'' 
                after ``section 4'';
                    (B) in paragraph (2)--
                            (i) by inserting ``or title V'' after 
                        ``section 5'';
                            (ii) by inserting ``or title V'' after 
                        ``section 4''; and
                            (iii) by inserting ``or title V'' after 
                        ``section 5(g)''; and
                    (C) in paragraph (3), by inserting ``or title V'' 
                after ``section 6''.
            (19) Table of contents.--The table of contents of the Toxic 
        Substances Control Act (15 U.S.C. prec. 2601) is amended by 
        adding at the end the following:

                    ``TITLE V--CHILD SAFE CHEMICALS

``Sec. 501. Definitions.
``Sec. 502. Manufacturer safety certifications for existing chemicals 
                            in commerce.
``Sec. 503. Priority list of chemical substances for EPA safety 
                            determination.
``Sec. 504. EPA safety standard determination for chemical substances.
``Sec. 505. Addressing prenatal exposures.
``Sec. 506. Collection of chemical safety information.
``Sec. 507. Reduction of health hazards for children, workers, and 
                            consumers.
``Sec. 508. Animal testing alternatives.
``Sec. 509. Safer alternatives and green chemistry.
``Sec. 510. Interagency science advisory board on children's health and 
                            toxic substances.
``Sec. 511. Cooperation with international efforts.
``Sec. 512. Public access to information.
``Sec. 513. Confidential business information.
``Sec. 514. Relationship to other law.''.
                                 <all>
```