II 

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. 

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

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Kid-Safe Chemicals 

5 Act of 2008’’. 

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

7 (a) FINDINGS.—Congress finds that— 


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1 (1) the incidence of some diseases and disorders 

2 that have been linked to chemical exposures are on 

3 the rise; 

4 (2) the metabolism, physiology, and exposure 

5 patterns of developing fetuses, infants, and children 

6 to toxic chemicals differ from those of adults, which 

7 makes children more vulnerable than adults to the 

8 harmful effects of exposure to some synthetic chemi9 cals; 

10 (3) unlike manufacturers of pharmaceuticals 

11 and pesticides, manufacturers of most chemical sub12 stances are not required under current law to supply 

13 human or environmental toxicity information before 

14 selling their products to the public; 

15 (4) consequently, the vast majority of chemicals 

16 used in commercial products have never had any 

17 Federal review to evaluate potential toxicity of the 

18 produces to infants, children, developing fetuses, or 

19 adults; 

20 (5) biomonitoring tests have shown that a fetus, 

21 infant, or child in the United States today often has 

22 many synthetic chemicals in its blood and tissue; 

23 (6) certain chemicals that are persistent or slow 

24 to degrade and which bioaccumulate in human bodVerDate Aug 31 2005 06:30 May 21, 2008 Jkt 069200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S3040.IS S3040

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1 ies and wildlife have been found to be increasing in 

2 the environment; 

3 (7) despite those alarming discoveries, the Envi4 ronmental Protection Agency has reviewed the 

5 human health risks of only an estimated 2 percent 

6 of the 62,000 chemicals that were in use in 1976, 

7 when Congress passed the Toxic Substances Control 

8 Act (15 U.S.C. 2601 et seq.); 

9 (8) the Administrator of the Environmental 

10 Protection Agency (referred to in this Act as the 

11 ‘‘Administrator’’) has promulgated regulations to 

12 ban or restrict the use of only 5 chemical substances 

13 in 29 years, based on the excessively high adminis14 trative and legal hurdles imposed by that Act; 

15 (9) the chemical industry is an important part 

16 of the economy of the United States that has dem17 onstrated innovation in meeting environmental chal18 lenges and is taking voluntary steps to help ensure 

19 that the products of the industry are safe; 

20 (10) there is significant global trade in the 

21 chemical sector and many of the companies that con22 duct business in the United States must also comply 

23 with chemical safety regulatory programs in other 

24 countries; 


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1 (11) the data that is generated to comply with 

2 these other regulatory programs would be useful in 

3 understanding hazards presented in the United 

4 States; and 

5 (12) a fundamental overhaul of chemical man6 agement in the United States is needed to build a 

7 nontoxic environment for the children of the United 

8 States. 

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

10 (1) to promote children’s health as a paramount 

11 national goal, recognizing that developing fetuses, 

12 infants, and children are uniquely vulnerable to the 

13 harmful effects of some toxic chemicals during all 

14 stages of their development; 

15 (2) to minimize toxic substances in the environ16 ment of children, workers, and consumers by— 

17 (A) promoting the use of safer alternatives 

18 and other actions to reduce exposure to haz19 ardous chemicals and reward business innova20 tion; 

21 (B) holding chemical manufacturers re22 sponsible for providing robust health and safety 

23 data for each chemical produced by the manu24 facturers prior to distribution of that chemical 

25 substance in commerce; and 


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1 (C) providing to the Administrator the au2 thority to allow the commercial distribution of 

3 chemical substances only in cases in which data 

4 and other information indicate that there is a 

5 reasonable certainty that the chemical sub6 stances pose no harm to human health or the 

7 environment; and 

8 (3) to guarantee that the public and workers 

9 have an absolute right to know about the hazards 

10 and health effects of the chemical substances to 

11 which they are exposed. 

12 (c) GOAL.—It is the goal of the United States to 

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

14 and sensitive subgroups to harmful chemicals distributed 

15 in commerce by calendar year 2020 by— 

16 (1) identifying the highest-priority chemical 

17 substances for review by calendar year 2009; 

18 (2)(A) making a safety determination for, at a 

19 minimum, the first 300 priority chemical substances 

20 by calendar year 2012; and 

21 (B) banning or restricting the use of a chemical 

22 substance if it cannot be demonstrated that the sub23 stance meets the applicable safety standard; 

24 (3)(A) making a safety determination for all 

25 chemical substances by calendar year 2020; and 


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1 (B) banning or restricting the use of those sub2 stances if it cannot be demonstrated that the sub3 stances meet the applicable safety standard; and 

4 (4) encouraging the replacement of harmful 

5 chemicals with safer alternatives. 

6 SEC. 3. PROTECTION OF CHILDREN’S HEALTH FROM CHEM7 ICAL SUBSTANCES. 

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

9 (15 U.S.C. 2601 et seq.) is amended by adding at the end 

10 the following: 

11 ‘‘TITLE V—CHILD SAFE 

12 CHEMICALS 

13 ‘‘SEC. 501. DEFINITIONS. 

14 ‘‘In this title: 

15 ‘‘(1) BOARD.—The term ‘Board’ means the 

16 Interagency Science Advisory Board on Children’s 

17 Health and Toxic Substances established under sec18 tion 510(a). 

19 ‘‘(2) DIRECTOR.—The term ‘Director’ means 

20 the Director of the National Center for Environ21 mental Health at the Centers for Disease Control 

22 and Prevention. 

23 ‘‘(3) PRIORITY LIST.—The term ‘priority list’ 

24 means the priority list of chemical substances devel25 oped by the Administrator under section 503(b)(1). 


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1 ‘‘(4) REASONABLE CERTAINTY.—The term ‘rea2 sonable certainty’, with respect to the finding, in es3 tablishing a safety standard, that no harm will be 

4 caused by aggregate exposure of a fetus, infant, 

5 child, worker, or member of other sensitive subgroup 

6 to a chemical substance, means that— 

7 ‘‘(A) for risks posed by a chemical sub8 stance with a nonthreshold effect, exposure to 

9 all sources of the chemical substance presents 

10 not more than a 1-in-1,000,000 risk of adverse 

11 effects in the population of concern; and 

12 ‘‘(B) for risks posed by a chemical sub13 stance with a threshold effect, as established by 

14 the Administrator based on supporting data, an 

15 additional tenfold margin of safety shall be ap16 plied to take into account the potential vulner17 ability associated with in-utero, infant, or child18 hood exposure to all sources of the chemical 

19 substance. 

20 ‘‘(5) SAFETY STANDARD.—The term ‘safety 

21 standard’ means, with respect to a chemical sub22 stance (or another chemical substance with a com23 mon mechanism of action), a standard that— 

24 ‘‘(A) provides a reasonable certainty that 

25 no harm will be caused by aggregate exposure 


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1 of a fetus, infant, child, worker, or member of 

2 other sensitive subgroup to the chemical sub3 stance; and 

4 ‘‘(B) is requisite to protect the public wel5 fare from any known or anticipated adverse ef6 fects associated with the chemical substance. 

7 ‘‘(6) TOXICOLOGICAL PROPERTY.— 

8 ‘‘(A) IN GENERAL.—The term ‘toxi9 cological property’ means actual or potential 

10 toxicity, bioconcentration, or other biological or 

11 adverse effects of a chemical substance. 

12 ‘‘(B) INCLUSIONS.—The term ‘toxicological 

13 property’ includes actual or potential effects of 

14 exposure to a chemical substance on— 

15 ‘‘(i) mortality; 

16 ‘‘(ii) morbidity; 

17 ‘‘(iii) reproduction; 

18 ‘‘(iv) development; 

19 ‘‘(v) the immune system; 

20 ‘‘(vi) the endocrine system; 

21 ‘‘(vii) the brain or nervous system; or 

22 ‘‘(viii) any other biological functions 

23 in humans or animals. 


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1 ‘‘SEC. 502. MANUFACTURER SAFETY CERTIFICATIONS FOR 

2 EXISTING CHEMICALS IN COMMERCE. 

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

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

5 each manufacturer of a chemical substance distributed in 

6 commerce shall submit to the Administrator— 

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

8 officer of the manufacturer certifying, based on 

9 available information after a good faith inquiry, 

10 that— 

11 ‘‘(A) the chemical substance meets the 

12 safety standard for the chemical substance; or 

13 ‘‘(B) there are insufficient data to deter14 mine whether the chemical substance meets 

15 that safety standard; and 

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

17 possession or control of the manufacturer that has 

18 not previously been submitted to the Administrator 

19 regarding the physical, chemical, and toxicological 

20 properties of the chemical substance, including the 

21 annual production volume and known uses of, and 

22 exposure and fate information relating to, the chem23 ical substance. 

24 ‘‘(b) UPDATING OF INFORMATION.—Each manufac25 turer of a chemical substance described in subsection (a) 


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1 shall update and submit to the Administrator the informa2 tion described in subsection (a)(2)— 

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

4 ‘‘(2) at any time at which there becomes avail5 able significant new information regarding a phys6 ical, chemical, or toxicological property of, or expo7 sure to, the chemical substance, including, at a min8 imum, any information that— 

9 ‘‘(A) demonstrates a new potential toxic ef10 fect of the chemical substance; 

11 ‘‘(B) corroborates previous information 

12 demonstrating or suggesting a toxic effect; or 

13 ‘‘(C) suggests a toxic effect at a lower dose 

14 than previously demonstrated. 

15 ‘‘SEC. 503. PRIORITY LIST OF CHEMICAL SUBSTANCES FOR 

16 EPA SAFETY DETERMINATION. 

17 ‘‘(a) CATEGORIZATION.—Not later than 5 years after 

18 the date of enactment of this title, the Administrator shall 

19 publish in the Federal Register a list of all chemical sub20 stances distributed in commerce that categorizes the 

21 chemical substances, based on existing information avail22 able to the Administrator, into 1 or more of the following 

23 categories: 


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1 ‘‘(1) Chemical substances that meet 1 or more 

2 of the criteria described in subsection (c), with each 

3 such enumerated criterion being a separate category. 

4 ‘‘(2) Chemical substances for which available 

5 information is insufficient to determine whether the 

6 chemical substances meet any of the criteria referred 

7 to in paragraph (1). 

8 ‘‘(b) PRIORITY LIST.— 

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

10 after the date of enactment of this title, the Admin11 istrator shall develop and publish a priority list of 

12 not less than 300 chemical substances for which 

13 safety determinations under section 504 shall first 

14 be made. 

15 ‘‘(2) UPDATING OF LIST.—The Administrator 

16 shall add at least 200 chemical substances to the 

17 priority list annually until all chemical substances 

18 that meet the criteria described in subsection (c) 

19 have been added to the priority list. 

20 ‘‘(3) PETITION.—Not later than 180 days after 

21 the date on which the Administrator receives from 

22 any individual or entity a petition to nominate a 

23 chemical substance for addition to the priority list, 

24 the Administrator shall determine whether to add 


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1 the nominated chemical substance to the priority 

2 list. 

3 ‘‘(c) CRITERIA FOR IDENTIFYING PRIORITIZED

4 CHEMICAL SUBSTANCES.—In developing or updating the 

5 priority list, the Administrator shall take into account all 

6 relevant data with respect to chemical substances consid7 ered for inclusion on the priority list, including whether 

8 a chemical substance— 

9 ‘‘(1) or the metabolite or degradation byproduct 

10 of the chemical substance, is found in human blood, 

11 fluids, or tissue, unless the chemical substance is not 

12 synthetic and is naturally present at the level com13 monly found in blood, fluids, or tissue; 

14 ‘‘(2) is found in food, drinking water, or indoor 

15 air, unless the chemical substance is not synthetic 

16 and is naturally present at the level commonly found 

17 in food, drinking water, or indoor air; 

18 ‘‘(3) is manufactured or discharged into the en19 vironment at a volume of more than 1,000,000 

20 pounds annually; 

21 ‘‘(4) is a known or suspected reproductive, neu22 rological, or immunological toxicant, carcinogen, 

23 mutagen, or endocrine disruptor, or causes negative 

24 developmental effects or has other toxicological prop25 erties of concern; or 


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1 ‘‘(5) is persistent or bioaccumulative. 

2 ‘‘(d) TREATMENT AS FINAL AGENCY ACTION; NON3 DISCRETIONARY DUTY.— 

4 ‘‘(1) TREATMENT AS FINAL AGENCY ACTION.— 

5 Neither categorization of a chemical substance under 

6 subsection (a), nor inclusion of a chemical substance 

7 on the priority list, shall be considered to be a final 

8 agency action for the purpose of subchapter II of 

9 chapter 5, and chapter 7, of title 5, United States 

10 Code (commonly known as ‘the Administrative Pro11 cedure Act’). 

12 ‘‘(2) NONDISCRETIONARY DUTY.—The failure 

13 of the Administrator to categorize chemical sub14 stances or issue or update the priority list in accord15 ance with this section shall be considered to be a 

16 failure to perform a nondiscretionary duty. 

17 ‘‘SEC. 504. EPA SAFETY STANDARD DETERMINATION FOR 

18 CHEMICAL SUBSTANCES. 

19 ‘‘(a) IN GENERAL.— 

20 ‘‘(1) RISK.—The Administrator shall interpret 

21 a reasonable certainty of no harm under this section 

22 to mean that— 

23 ‘‘(A) for risks posed by chemical sub24 stances with nonthreshold effects, aggregate ex25 posure to the chemical substance presents not 


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1 more than a 1 in 1,000,000 risk of adverse ef2 fects in the population of concern; and 

3 ‘‘(B) for risks posed by chemical sub4 stances with threshold effects, an additional 

5 tenfold margin of safety shall be applied to take 

6 into account the potential vulnerability associ7 ated with in-utero, infant, or childhood expo8 sure to all sources of the chemical substance. 

9 ‘‘(2) ASSUMPTION.—The Administrator shall 

10 not assume a threshold exposure level for any ad11 verse effect of a chemical substance unless the Ad12 ministrator determines that the manufacturer has 

13 established the existence of a threshold level for the 

14 adverse effect for the chemical substance. 

15 ‘‘(b) SAFETY DETERMINATION.— 

16 ‘‘(1) PRIORITY CHEMICALS.— 

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

18 after the date on which a chemical substance is 

19 placed on the priority list, the Administrator— 

20 ‘‘(i) beginning with the 300 chemical 

21 substances first listed on the priority list, 

22 shall determine whether the manufacturer 

23 of each chemical substance has established 

24 that the chemical substance meets the 

25 safety standard; and 


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1 ‘‘(ii) in making that determination, 

2 may consider any risk reduction achieved 

3 pursuant to section 507. 

4 ‘‘(B) INTERIM STANDARDS.— 

5 ‘‘(i) NOTICE OF PENDING DETER6 MINATION.—If the Administrator fails to 

7 act by an applicable deadline under sub8 paragraph (A), a manufacturer of a chem9 ical substance affected by the failure to act 

10 shall issue to the Administrator, the public, 

11 and each known customer of the chemical 

12 substance a written notice that a deter13 mination by the Administrator of the safe14 ty of the chemical substance is pending. 

15 ‘‘(ii) FAILURE OF ADMINISTRATOR TO

16 ACT.—Not later than 5 years after the 

17 date on which a chemical substance is 

18 placed on the priority list, if the Adminis19 trator has not made a determination under 

20 subparagraph (A) with respect to the 

21 chemical substance, the chemical substance 

22 shall not be manufactured, imported, or 

23 distributed in commerce. 

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

25 later than 15 years after the date of enactment of 


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1 this title, and every 15 years thereafter, the Admin2 istrator shall assess, or reassess, as the case may be, 

3 whether the manufacturer of each chemical sub4 stance distributed in commerce as of that date has 

5 established that the chemical substance meets the 

6 safety standard. 

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

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

9 this title, no new chemical substance shall be distrib10 uted in commerce unless the Administrator deter11 mines that the manufacturer of the chemical sub12 stance has established that the chemical substance 

13 meets the safety standard, as determined by the Ad14 ministrator. 

15 ‘‘(4) NEW INFORMATION.—The Administrator 

16 may redetermine whether a manufacturer of a chem17 ical substance distributed in commerce has estab18 lished that the chemical substance meets the safety 

19 standard if, in the judgment of the Administrator, 

20 new information raises a credible question as to 

21 whether the chemical substance continues to meet 

22 the safety standard. 

23 ‘‘(c) INFORMATION.—In making a determination with 

24 respect to a chemical substance under subsection (b), the 


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1 Administrator, based upon the information collected under 

2 subsection (b), shall take into account— 

3 ‘‘(1) environmental fate and transport of the 

4 chemical substance, including— 

5 ‘‘(A) degradation; 

6 ‘‘(B) persistence in the environment; 

7 ‘‘(C) mobility; and 

8 ‘‘(D) distribution across environmental 

9 media; 

10 ‘‘(2) biological fate and transport of the chem11 ical substance, including— 

12 ‘‘(A) metabolism; 

13 ‘‘(B) bioaccumulation and biomagnification 

14 potential; and 

15 ‘‘(C) toxicokinetics; 

16 ‘‘(3) acute, subchronic, and chronic human 

17 health effects of exposure to the chemical substance, 

18 including reproductive, developmental, genotoxic, 

19 neurotoxic, immunotoxic, and endocrine-disrupting 

20 effects; 

21 ‘‘(4) the potential for additive or synergistic ef22 fects to result from exposure to multiple chemical 

23 substances; 

24 ‘‘(5) the ecotoxicity of the chemical substance to 

25 avian, terrestrial, and aquatic species; 


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1 ‘‘(6) the presence of the chemical substance in, 

2 at a minimum— 

3 ‘‘(A) human blood, fluids, and tissue; and 

4 ‘‘(B) food, drinking water, and indoor air; 

5 ‘‘(7) the uses of the chemical substance and as6 sociated known and potential releases and exposures; 

7 ‘‘(8) the potential effects of the chemical sub8 stance resulting from low-dose exposures; 

9 ‘‘(9) the timing of exposure during sensitive 

10 stages of human development; and 

11 ‘‘(10) the size, shape, and surface properties, 

12 and any other physical characteristics, of the chem13 ical substance that may effect the toxicity, hazards, 

14 or exposure of the chemical substance. 

15 ‘‘SEC. 505. ADDRESSING PRENATAL EXPOSURES. 

16 ‘‘(a) MONITORING PRENATAL EXPOSURE.—If, 

17 through studies performed pursuant to section 506(d) or 

18 by other means, the Administrator identifies a chemical 

19 substance that may be present in human blood, fluids, or 

20 tissue, the Administrator shall arrange for the Director 

21 to conduct, not later than 2 years after the date on which 

22 the Administrator makes the identification, a biomoni23 toring study to determine the presence of the chemical 

24 substance in human cord blood. 


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1 ‘‘(b) PUBLICATION.—Upon completion of the study 

2 conducted under subsection (a)— 

3 ‘‘(1) the Director shall inform the Adminis4 trator of the results of the study; and 

5 ‘‘(2) the Administrator shall publish the results 

6 on the Internet. 

7 ‘‘(c) PRIORITY LIST CHEMICAL SUBSTANCES FOUND

8 IN HUMAN CORD BLOOD.— 

9 ‘‘(1) IN GENERAL.—Any chemical substance 

10 that is on the priority list because the chemical sub11 stance meets criteria described in paragraph (4) or 

12 (5) of section 503(c) and is found to be present in 

13 human cord blood under this section shall be pre14 sumed by the Administrator to have failed to meet 

15 the safety standard under section 504. 

16 ‘‘(2) REBUTTAL.—The presumption under 

17 paragraph (1) may be rebutted only if the Adminis18 trator determines that the chemical substances 

19 meets the safety standard under section 504. 

20 ‘‘SEC. 506. COLLECTION OF CHEMICAL SAFETY INFORMA21 TION. 

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

23 Administrator, a manufacturer of a chemical substance 

24 shall provide to the Administrator all information re25 quested under this section. 


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1 ‘‘(b) MINIMUM DATA REQUIREMENTS.— 

2 ‘‘(1) IN GENERAL.—Not later than 180 days 

3 after the date of enactment of this title, the Admin4 istrator shall establish minimum data requirements 

5 that would ensure that determinations under section 

6 504 are based on sufficient and reliable data. 

7 ‘‘(2) REQUIREMENTS.—The minimum data re8 quirements shall— 

9 ‘‘(A) at a minimum, require the submission 

10 of information sufficient to determine whether a 

11 chemical substance has the potential— 

12 ‘‘(i) to persist or bioaccumulate in hu13 mans or nonhuman organisms; 

14 ‘‘(ii) to cause skin irritation or skin 

15 sensitization; 

16 ‘‘(iii) to cause mutations, cytogenicity, 

17 or chromosomal aberrations; 

18 ‘‘(iv) to cause acute or chronic toxicity 

19 in humans; 

20 ‘‘(v) to cause reproductive or develop21 mental toxicity in humans; 

22 ‘‘(vi) to cause acute or chronic toxicity 

23 in aquatic organisms; 

24 ‘‘(vii) to persist in the environment; or 


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1 ‘‘(viii) to degrade into substances that 

2 have the potential to exhibit any of the ef3 fects described in clauses (i) through (vii); 

4 and 

5 ‘‘(B) include the requirement to submit— 

6 ‘‘(i) production, processing, use, and 

7 exposure-related information; 

8 ‘‘(ii) an assessment of the number of 

9 workers reasonably likely to be exposed to 

10 the chemical substance at the site of man11 ufacture; and 

12 ‘‘(iii) a description of the commercial 

13 and consumer uses of the chemical sub14 stance. 

15 ‘‘(c) TIERING PROCESS.—The Administrator may de16 velop a tiering process for use in the submission of the 

17 information under this section. 

18 ‘‘(d) BIOMONITORING.— 

19 ‘‘(1) IN GENERAL.—Not later than 2 years 

20 after the date of enactment of this title, and every 

21 3 years thereafter, the Director shall, at the expense 

22 of manufacturers of chemical substances, carry out 

23 a biomonitoring study to determine the presence in 

24 human blood, fluids, or tissue for any chemical sub25 stance that is— 


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1 ‘‘(A) manufactured in quantities greater 

2 than 1,000,000 pounds during 1 calendar year; 

3 or 

4 ‘‘(B) distributed in commerce— 

5 ‘‘(i) to which humans are exposed; 

6 and 

7 ‘‘(ii) for which there is cause for con8 cern regarding the exposure (as deter9 mined by the Administrator), such as a po10 tential for persistence or bioaccumulation 

11 of the chemical substance. 

12 ‘‘(2) USER FEE.—Not later than 1 year after 

13 the date of enactment of this title, the Director shall 

14 establish a user fee program to ensure that the man15 ufacturer of a chemical substance provides the nec16 essary funds to carry out a biomonitoring study for 

17 the chemical substance pursuant to paragraph (1). 

18 ‘‘(3) STANDARD.—The Administrator shall by 

19 regulation establish a standard for biomonitoring 

20 studies under this subsection that includes— 

21 ‘‘(A) the use of a representative sample 

22 that ensures that likely exposed populations, in23 cluding children, are oversampled; and 

24 ‘‘(B) a determination of appropriate detec25 tion levels of chemical substances. 


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1 ‘‘(4) SUBSTANCE DETECTION.—A manufacturer 

2 of a chemical substance that is subject to paragraph 

3 (1) shall make available to the public a practicable 

4 method (as determined by the Administrator) for 

5 use in detecting the presence of the chemical sub6 stance (or any metabolite of the chemical substance) 

7 in human blood, fluids, and tissue. 

8 ‘‘SEC. 507. REDUCTION OF HEALTH HAZARDS FOR CHIL9 DREN, WORKERS, AND CONSUMERS. 

10 ‘‘(a) MARKET RESTRICTIONS.—No person shall man11 ufacture, import, or distribute in commerce a chemical 

12 substance if— 

13 ‘‘(1) the Administrator determines that the per14 son failed to act in accordance with section 502 or 

15 section 506; or 

16 ‘‘(2) the Administrator determines that the 

17 chemical substance does not meet the applicable 

18 safety standard. 

19 ‘‘(b) USE EXEMPTIONS.— 

20 ‘‘(1) IN GENERAL.—In any case in which a 

21 chemical substance does not meet the safety stand22 ard because of an aggregation of exposure, the Ad23 ministrator, upon receipt of a petition or upon the 

24 initiative of the Administrator, may allow manufac25 turing for a specified use of the chemical substance 


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1 if the Administrator determines that the manufac2 turer has established that the use meets the safety 

3 standard on an ongoing and verifiable basis. 

4 ‘‘(2) CONSIDERATIONS.—In making a deter5 mination under paragraph (1), the Administrator 

6 shall consider exposures pursuant to other use ex7 emptions issued by the Administrator. 

8 ‘‘(3) LIMITATION.— 

9 ‘‘(A) IN GENERAL.—Except as provided in 

10 subparagraph (B), a use exemption issued 

11 under this subsection shall remain in effect for 

12 not longer than 5 years. 

13 ‘‘(B) SUBSEQUENT USE EXEMPTIONS.— 

14 The Administrator may issue subsequent use 

15 exemptions that may remain in effect for not 

16 longer than 5 years. 

17 ‘‘(c) UNSAFE CHEMICAL SUBSTANCES FOUND IN

18 PRODUCTS.—The Administrator may prohibit a specified 

19 use of a chemical substance in consumer products if, after 

20 providing public notice and an opportunity for comment, 

21 the Administrator determines that the use of the product 

22 in the home results in human exposure that does not meet 

23 the safety standard. 

24 ‘‘(d) OTHER EXEMPTION.— 


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1 ‘‘(1) IN GENERAL.—The President, in a non2 delegable capacity, may make an exemption from 

3 this section for a specific use of a chemical sub4 stance for a period of not to exceed 5 years if, after 

5 providing public notice and an opportunity for com6 ment, the President determines that— 

7 ‘‘(A) an exemption is in the paramount in8 terest of national security, or the lack of avail9 ability of the chemical substance would cause 

10 significant disruption in the national economy; 

11 and 

12 ‘‘(B) no feasible alternative for the speci13 fied use of the chemical substance is available. 

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

15 renew an exemption under paragraph (1) for 1 or 

16 more additional 5-year periods if the President con17 cludes, after providing public notice and an oppor18 tunity for comment, that a renewal is necessary. 

19 ‘‘(3) PUBLIC NOTICE.—If the President grants 

20 an exemption for a chemical substance under this 

21 subsection— 

22 ‘‘(A) the manufacturer of the chemical 

23 substance shall provide notice of the exemption 

24 to each known customer of the manufacturer; 

25 and 


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1 ‘‘(B) the President shall provide the public 

2 with a notice of the exemption. 

3 ‘‘(e) OTHER AGENCY RULEMAKINGS.—The Adminis4 trator shall consider any safety determination for a chem5 ical substance pursuant to section 504, and any market 

6 restriction and use exemption pursuant to this section, in 

7 the exercise of other relevant agency rulemakings. 

8 ‘‘SEC. 508. ANIMAL TESTING ALTERNATIVES. 

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

10 ‘‘(1) IN GENERAL.—To minimize the use of ani11 mal testing of chemical substances, the Adminis12 trator shall— 

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

14 of— 

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

16 calling for mandatory disclosure of all ex17 isting data, and thoroughly investigating 

18 sources of existing data; 

19 ‘‘(ii) replacement alternatives that— 

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

21 animal to test the chemical substance; 

22 and 

23 ‘‘(II) provide information that is 

24 equivalent in scientific quality to the 

25 animal testing method; and 


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1 ‘‘(iii) reduction alternatives that use 

2 fewer animals than conventional animal3 based tests when replacement alternatives 

4 are impracticable, including the use of 

5 tests that combine 2 or more endpoints; 

6 ‘‘(B) encourage, where practicable— 

7 ‘‘(i) the grouping of similar chemicals 

8 into categories to limit testing to only 

9 those chemicals which are representative of 

10 the group; and 

11 ‘‘(ii) the forming of industry consortia 

12 to jointly conduct testing to avoid duplica13 tion of tests; and 

14 ‘‘(C) fund research and validation studies 

15 to reduce and replace the use of animal tests in 

16 accordance with this paragraph. 

17 ‘‘(2) LIST OF ALTERNATIVE TESTING METH18 ODS.—Not later than 1 year after the date of enact19 ment of this title, and triennially thereafter, the Ad20 ministrator, in consultation with the Board, shall 

21 publish a list of the alternative testing methods de22 scribed in paragraph (1). 

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

24 is authorized to be appropriated to carry out this section 

25 $5,000,000. 


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1 ‘‘SEC. 509. SAFER ALTERNATIVES AND GREEN CHEMISTRY. 

2 ‘‘(a) SAFER ALTERNATIVES PROGRAM.— 

3 ‘‘(1) IN GENERAL.—Not later than 1 year after 

4 the date of enactment of this title, the Administrator 

5 shall establish a program to create market incentives 

6 for the development of safer alternatives to existing 

7 chemical substances. 

8 ‘‘(2) REQUIREMENTS.—The program under 

9 paragraph (1) shall include— 

10 ‘‘(A) expedited review of new chemical sub11 stances for which the manufacturer submits an 

12 alternatives analysis indicating that the new 

13 chemical substance is the safer alternative for a 

14 particular use than existing chemical substances 

15 used for the same purpose; 

16 ‘‘(B) recognition for a chemical substance 

17 determined by the Administrator to be a safer 

18 alternative for a particular use by means of a 

19 special designation intended for use in mar20 keting the safer alternative, and periodic public 

21 awards; and 

22 ‘‘(C) such other incentives as the Adminis23 trator considers to be appropriate to encourage 

24 the development, marketing, and use of chem25 ical substances determined by the AdminisVerDate Aug 31 2005 06:30 May 21, 2008 Jkt 069200 PO 00000 Frm 00028 Fmt 6652 Sfmt 6201 E:\BILLS\S3040.IS S3040

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1 trator to be safer alternatives for the particular 

2 uses. 

3 ‘‘(b) GREEN CHEMISTRY RESEARCH AND CLEARING4 HOUSE NETWORK.— 

5 ‘‘(1) IN GENERAL.—The Administrator shall es6 tablish a network of not less than 4 green chemistry 

7 and technology research and clearinghouse centers, 

8 located in various regions of the United States, to 

9 support the development and adoption of safer alter10 natives to chemical substances, particularly chemical 

11 substances placed on the priority list. 

12 ‘‘(2) REQUIREMENTS.—The research and clear13 inghouse centers described in paragraph (1) shall— 

14 ‘‘(A) provide technical assistance relating 

15 to alternatives analysis, green chemistry, and 

16 green technology techniques to small and me17 dium-sized manufacturers of chemical sub18 stances; 

19 ‘‘(B) provide technical training relating to 

20 alternatives analysis, green chemistry, chemicals 

21 policy, and green technology techniques to stu22 dents and professionals; 

23 ‘‘(C) conduct alternatives analysis, green 

24 chemistry, and green technology research; and 


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1 ‘‘(D) provide grants to promote and sup2 port the research, development, adoption, and 

3 use of alternatives to the activities identified in 

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

5 ‘‘SEC. 510. INTERAGENCY SCIENCE ADVISORY BOARD ON 

6 CHILDREN’S HEALTH AND TOXIC SUB7 STANCES. 

8 ‘‘(a) ESTABLISHMENT.— 

9 ‘‘(1) IN GENERAL.—Not later than 90 days 

10 after the date of enactment of this title, the Admin11 istrator shall establish an advisory board, to be 

12 known as the ‘Interagency Science Advisory Board 

13 on Children’s Health and Toxic Substances’. 

14 ‘‘(2) COMPOSITION.—The Board shall be com15 posed of, at a minimum, representatives of— 

16 ‘‘(A) the National Institute of Environ17 mental Health Sciences; 

18 ‘‘(B) the Centers for Disease Control and 

19 Prevention; 

20 ‘‘(C) the National Toxicology Program; 

21 ‘‘(D) the National Cancer Institute; 

22 ‘‘(E) the National Tribal Science Council; 

23 and 

24 ‘‘(F) not fewer than 3 centers of children’s 

25 health at leading universities. 


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1 ‘‘(b) PURPOSES.—The purposes of the Board shall 

2 be— 

3 ‘‘(1) to provide independent advice and peer re4 view to the Administrator and Congress on the sci5 entific and technical aspects of problems and issues 

6 relating to the requirements of this title; 

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

8 for the standards, rules, guidance, and other science9 based decisions under this title, including the provi10 sion of expert consultation and advice to the Admin11 istrator; and 

12 ‘‘(3) to reduce the duplication of the efforts by 

13 manufacturers to— 

14 ‘‘(A) comply with this title; and 

15 ‘‘(B) reduce the testing of chemical sub16 stances on animals. 

17 ‘‘SEC. 511. COOPERATION WITH INTERNATIONAL EFFORTS. 

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

19 head of any other appropriate Federal agency (as deter20 mined by the Administrator), the Administrator shall co21 operate with any international effort— 

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

23 database relating to chemical substances; or 

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

25 substances. 


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1 ‘‘SEC. 512. PUBLIC ACCESS TO INFORMATION. 

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

3 Federal agency and Federal institution shall submit to the 

4 Administrator all information provided to the Federal 

5 agency or institution relating to a hazard of, or risk of 

6 exposure to, a chemical substance. 

7 ‘‘(b) ELECTRONIC DATABASE.—Not later than 1 year 

8 after the date of enactment of this title, the Administrator, 

9 in collaboration with interested parties, shall establish— 

10 ‘‘(1) a consistent format for the submission of 

11 data to an electronic, Internet-accessible database 

12 for storing and sharing of information relating to 

13 the toxicity and use of, and exposure to, chemical 

14 substances; and 

15 ‘‘(2) procedures for use in maintaining the 

16 database. 

17 ‘‘(c) PUBLIC ACCESS.—Not later than 18 months 

18 after the date of enactment of this title, the Administrator 

19 shall make available to the public via the Internet-acces20 sible database described in subsection (b)(1)— 

21 ‘‘(1) any information provided to the Adminis22 trator relating to the properties and hazards of a 

23 chemical substance; and 

24 ‘‘(2) any other nonconfidential information re25 lating to a chemical substance that is provided to 

26 the Administrator. 


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1 ‘‘(d) RELIABLE INFORMATION.—The Administrator 

2 shall establish and implement procedures to ensure data 

3 reliability that include— 

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

7 which develop the data required by the title on the 

8 various properties and characteristics of a chemical 

9 substance; 

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

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

13 manufacturers under this title; 

14 ‘‘(3) the Administrator shall establish and 

15 maintain a registry of all health and safety related16 studies initiated in response to requirements or in17 formation requests made under this title to ensure 

18 that results of all initiated studies are reported and 

19 made available to the Administrator, along with de20 tails of the method utilized in each study; and 

21 ‘‘(4) the Administrator shall have access to all 

22 records of privately sponsored health and safety-re23 lated studies initiated in response to requirements or 

24 information requests made under this title. 


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1 ‘‘SEC. 513. CONFIDENTIAL BUSINESS INFORMATION. 

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

3 substance submits to the Administrator or any other Fed4 eral agency or institution any information that the manu5 facturer requests be treated as confidential business infor6 mation (as defined in section 350.27 of title 40, Code of 

7 Federal Regulations (as in effect on the date of enactment 

8 of this title)), the chief executive officer of the manufac9 turer shall, at the time the information is submitted, pro10 vide to the Administrator— 

11 ‘‘(1)(A) a written statement that identifies the 

12 specific information to which the request applies; 

13 ‘‘(B) a justification indicating the particular 

14 reasons why the information needs to be kept con15 fidential; and 

16 ‘‘(C) any other documentation required pursu17 ant to subsection (b)(1); 

18 ‘‘(2) the period of time for which the informa19 tion is requested to be kept confidential, including a 

20 justification for the specified time period; and 

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

22 otherwise publicly available. 

23 ‘‘(b) DUTIES OF THE ADMINISTRATOR.—The Admin24 istrator shall— 


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1 ‘‘(1) not later than 1 year after the date of en2 actment of this title, develop and make publicly 

3 available standards that specify— 

4 ‘‘(A) the acceptable bases on which re5 quests to keep submitted information confiden6 tial may be made; and 

7 ‘‘(B) the documentation that must accom8 pany those requests; 

9 ‘‘(2) not later than 90 days after the date of re10 ceipt of information under subsection (a)— 

11 ‘‘(A) review all requests to keep the sub12 mitted information confidential; and 

13 ‘‘(B) decide whether to accept or reject 

14 each such request based on whether the request 

15 and accompanying documentation comply with 

16 the standards developed under paragraph (1); 

17 and 

18 ‘‘(3) if such a request is accepted, specify a 

19 time period of not greater than 5 years for which 

20 the request is granted, and after which period the 

21 information will no longer be kept confidential unless 

22 a new request for confidentiality is submitted to and 

23 accepted by the Administrator under this section. 

24 ‘‘(c) ACCESS TO CONFIDENTIAL BUSINESS INFORMA25 TION BY OTHER GOVERNMENTS.— 


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1 ‘‘(1) IN GENERAL.—Confidential business infor2 mation received by the Administrator shall be made 

3 available upon request to a State, tribal, or munic4 ipal government— 

5 ‘‘(A) for the purpose of administration or 

6 enforcement of a law; and 

7 ‘‘(B) in accordance with any applicable 

8 agreements that ensure that the recipient gov9 ernment takes appropriate steps to maintain 

10 the confidentiality of the information in accord11 ance with this section and section 350.27 of 

12 title 40, Code of Federal Regulations (as in ef13 fect on the date of enactment of this title). 

14 ‘‘(2) OTHER INFORMATION.—The Adminis15 trator shall make available to a State, tribal, or local 

16 government information identifying the location of 

17 the manufacture, processing, or storage of a chem18 ical substance upon the request of the government. 

19 ‘‘(d) INFORMATION FROM FOREIGN COUNTRIES.— 

20 Except as provided in subsection (c), any information pro21 vided to the Administrator by an officer or employee of 

22 a foreign government shall be considered to be confidential 

23 business information, if the information is considered to 

24 be confidential business information by the officer or em25 ployee of the foreign government. 


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1 ‘‘(e) NONCONFIDENTIAL INFORMATION.—The name 

2 of a chemical substance, and all information concerning 

3 the effects of the chemical substance on human health or 

4 the environment, shall not be considered to be confidential 

5 business information under this section. 

6 ‘‘SEC. 514. RELATIONSHIP TO OTHER LAW. 

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

8 political subdivision of a State to adopt or enforce any reg9 ulation, requirement, liability, or standard of performance 

10 that is more stringent than a regulation, requirement, li11 ability, or standard of performance established by this 

12 title.’’. 

13 (b) EFFECT OF SECTION.—Notwithstanding the 

14 amendment made by subsection (a), any regulation pro15 mulgated (including any prohibition or restriction issued) 

16 under the provisions repealed by that subsection before the 

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

18 the date on which the Administrator of the Environmental 

19 Protection Agency promulgates new regulations under 

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

21 2601 et seq.) (as added by subsection (a)). 

22 (c) CONFORMING AMENDMENTS.— 

23 (1) TESTING OF CHEMICAL SUBSTANCES AND

24 MIXTURES.—Section 4 of the Toxic Substances Con25 trol Act (15 U.S.C. 2603) is amended— 


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1 (A) in subsection (f), in the matter fol2 lowing paragraph (2), by inserting ‘‘, or title 

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

4 (B) in subsection (g), in the first sentence, 

5 by inserting ‘‘or title V’’ after ‘‘section 5(a)’’. 

6 (2) MANUFACTURING AND PROCESSING NO7 TICES.—Section 5 of the Toxic Substances Control 

8 Act (15 U.S.C. 2604) is amended— 

9 (A) in subsection (b)— 

10 (i) in paragraph (1)(A)(ii), by insert11 ing ‘‘or title V’’ after ‘‘section 4’’; and 

12 (ii) in paragraph (2)(A)(ii), by insert13 ing ‘‘or title V’’ after ‘‘section 4’’; 

14 (B) in subsection (d)(2)(C), by inserting 

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

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

17 sentence, by inserting ‘‘or title V’’ after ‘‘sec18 tion 6(a)’’; 

19 (D) in subsection (f)— 

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

21 title V’’ after ‘‘section 6’’; 

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

23 preceding subparagraph (A), by inserting 

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


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

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

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

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

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

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

7 amended— 

8 (A) in subsection (a)— 

9 (i) in paragraph (1), in the matter fol10 lowing subparagraph (C)— 

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

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

13 5, or 6, or title IV or V,’’; and 

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

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

16 IV or V’’; and 

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

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

19 (B) in subsection (f), in the second sen20 tence, by inserting ‘‘or title V’’ after ‘‘section 

21 6’’. 

22 (4) REPORTING AND RETENTION OF INFORMA23 TION.—Section 8 of the Toxic Substances Control 

24 Act (15 U.S.C. 2607) is amended— 

25 (A) in subsection (a)(3)(A)(ii)— 


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

2 title V,’’ after ‘‘or 6,’’; and 

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

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

5 (B) in subsection (b)(1)— 

6 (i) in the first sentence, by striking 

7 ‘‘section 5 or subsection (a) of this sec8 tion’’ and inserting ‘‘subsection (a), section 

9 5, or title V’’; and 

10 (ii) in the second sentence, by insert11 ing ‘‘or title V’’ after ‘‘section 5’’. 

12 (5) RELATIONSHIP TO OTHER FEDERAL

13 LAWS.—Section 9(a) of the Toxic Substances Con14 trol Act (15 U.S.C. 2608(a)) is amended— 

15 (A) in paragraph (2), in the matter fol16 lowing subparagraph (B), by inserting ‘‘or title 

17 V’’ after ‘‘section 6 or 7’’; and 

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

19 V’’ after ‘‘section 6 or 7’’. 

20 (6) EXPORTS.—Section 12 of the Toxic Sub21 stances Control Act (15 U.S.C. 2611) is amended— 

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

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

24 (B) in subsection (b)— 


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

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

3 (ii) in paragraph (2)— 

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

5 ‘‘issued under section 5’’; 

6 (II) by inserting ‘‘or title V’’ 

7 after ‘‘section 5 or 6’’; and 

8 (III) by inserting ‘‘or title V’’ 

9 after ‘‘section 5 or 7’’. 

10 (7) ENTRY INTO CUSTOMS TERRITORY OF THE

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

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

13 amended by striking subparagraph (B) and inserting 

14 the following: 

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

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

17 7, or title IV or V.’’. 

18 (8) DISCLOSURE OF DATA.—Section 

19 14(b)(1)(A)(ii) of the Toxic Substances Control Act 

20 (15 U.S.C. 2613(b)(1)(A)(ii)) is amended by strik21 ing ‘‘for which testing’’ and all that follows through 

22 ‘‘section 5,’’ and inserting ‘‘for which testing or a 

23 notification is required under section 4 or 5 or title 

24 V;’’. 


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

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

3 amended— 

4 (A) by striking paragraph (1) and insert5 ing the following: 

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

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

8 V; and’’; and 

9 (B) in paragraph (2), by striking ‘‘viola10 tion of section 5’’ and all that follows through 

11 ‘‘section 5 or 7’’ and inserting ‘‘violation of sec12 tion 5, 6, or 7, or title V’’. 

13 (10) SPECIFIC ENFORCEMENT AND SEIZURE.— 

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

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

16 (A) by striking subparagraph (B) and in17 serting the following: 

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

19 action prohibited under section 5 or 6, or title 

20 IV or V; and’’; 

21 (B) in subparagraph (D), by striking ‘‘di22 rect any manufacturer’’ and all that follows 

23 through ‘‘and distributed in commerce’’ and in24 serting ‘‘direct any manufacturer or processor 

25 of a chemical substance, mixture, or project 


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1 subject to title IV or V manufactured or proc2 essed in violation of a rule, order, or require3 ment under section 5 or 6 or title IV or V, and 

4 distributed in commerce’’. 

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

6 Substances Control Act (15 U.S.C. 2617) is amend7 ed to read as follows: 

8 ‘‘SEC. 18. PREEMPTION. 

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

10 or political subdivision of a State to establish or continue 

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

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

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

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

15 amended— 

16 (A) in subsection (a)— 

17 (i) in paragraph (1)— 

18 (I) in subparagraph (A), in the 

19 first sentence, by striking ‘‘title II or 

20 IV’’ and inserting ‘‘title II, IV, or V’’; 

21 and 

22 (II) in subparagraph (B), by in23 serting ‘‘or title V’’ after ‘‘section 

24 6(b)(1)’’; and 


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1 (ii) in paragraph (3), by striking sub2 paragraph (B) and inserting the following: 

3 ‘‘(B) with respect to a rule or finding 

4 under section 4, 5, or 6, or title IV or V, the 

5 finding required for the issuance of the rule;’’; 

6 and 

7 (B) in subsection (c)(1)(B)— 

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

9 V,’’ after ‘‘6(e)’’; and 

10 (ii) in clause (iii)(I), by striking ‘‘sec11 tion 6(c)(1), or’’ and inserting ‘‘section 

12 6(c)(1) or title V; or’’. 

13 (13) CITIZENS’ CIVIL ACTIONS.—Section 

14 20(a)(1) of the Toxic Substances Control Act (15 

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

16 or IV’’ each place it appears and inserting ‘‘title II, 

17 IV, or V’’. 

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

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

20 amended— 

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

22 under’’ and all that follows through ‘‘section 

23 6(b)(2)’’ and inserting ‘‘a rule or order under 

24 section 4, 5, 6, or 8, or title V’’; and 

25 (B) in subsection (b)— 


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

2 rule under’’ and all that follows through 

3 ‘‘section 6(b)(1)(B)’’ and inserting ‘‘a rule 

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

5 V’’; 

6 (ii) in paragraph (3), in the first sen7 tence, by inserting ‘‘, or title V’’ after 

8 ‘‘section 4, 5, 6, or 8’’; and 

9 (iii) in paragraph (4)(B)— 

10 (I) in the matter preceding clause 

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

12 that follows through ‘‘section 6(b)(2)’’ 

13 and inserting ‘‘rule or order under 

14 section 4, 5, 6, or 8, or title V’’; 

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

16 rule under’’ and all that follows 

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

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

19 or title V’’; and 

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

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

22 through ‘‘section 6(b)(2)’’ and insert23 ing ‘‘or order under section 6 or 8 or 

24 title V’’. 


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1 (15) EMPLOYMENT EFFECTS.—Section 24 of 

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

3 is amended— 

4 (A) by striking subsection (a) and insert5 ing the following: 

6 ‘‘(a) IN GENERAL.—The Administrator shall evalu7 ate, on a continuing basis, the potential effects on employ8 ment (including reductions in employment or loss of em9 ployment from threatened plant closures) of each rule, 

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

11 title V.’’; and 

12 (B) in subsection (b)— 

13 (i) in paragraph (1), in the matter fol14 lowing subparagraph (B), by striking ‘‘a 

15 rule or order’’ and all that follows through 

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

17 order, or requirement under section 4, 5, 

18 or 6, or title V’’; and 

19 (ii) in paragraph (2)(B)(ii), by strik20 ing ‘‘section 6(c)(3), and’’ and inserting 

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

22 (16) ADMINISTRATION OF THE ACT.—Section 

23 26(b)(1) of the Toxic Substances Control Act (15 

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

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


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1 (17) DEVELOPMENT AND EVALUATION OF TEST

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

3 Control Act (15 U.S.C. 2626(a)) is amended by in4 serting ‘‘or title V’’ after ‘‘section 4’’ each place it 

5 appears. 

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

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

8 amended— 

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

10 title V’’ after ‘‘section 4’’; 

11 (B) in paragraph (2)— 

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

13 ‘‘section 5’’; 

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

15 ‘‘section 4’’; and 

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

17 ‘‘section 5(g)’’; and 

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

19 V’’ after ‘‘section 6’’. 

20 (19) TABLE OF CONTENTS.—The table of con21 tents of the Toxic Substances Control Act (15 

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

23 the following: 

‘‘TITLE V—CHILD SAFE CHEMICALS 

‘‘Sec. 501. Definitions. 

‘‘Sec. 502. Manufacturer safety certifications for existing chemicals in commerce. 


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‘‘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.’’. 

Æ 


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